[Congressional Record Volume 168, Number 198 (Tuesday, December 20, 2022)]
[Senate]
[Pages S9639-S9643]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6568. Ms. KLOBUCHAR (for herself and Mr. Kennedy) submitted an 
amendment intended to be proposed to amendment SA 6552 proposed by Mr. 
Leahy to the bill H.R. 2617, to amend section 1115 of title 31, United 
States Code, to amend the description of how performance goals are 
achieved, and for other purposes; which was ordered to lie on the 
table; as follows:

        At the appropriate place, insert the following:

          DIVISION__--JOURNALISM COMPETITION AND PRESERVATION

     SEC. 101. SHORT TITLE.

       This division may be cited as the ``Journalism Competition 
     and Preservation Act of 2022''.

     SEC. 102. DEFINITIONS.

       In this division:
       (1) Access.--The term ``access'' means acquiring, crawling, 
     or indexing content.
       (2) Antitrust laws.--The term ``antitrust laws''--
       (A) has the meaning given the term in subsection (a) of the 
     first section of the Clayton Act (15 U.S.C. 12); and
       (B) includes--
       (i) section 5 of the Federal Trade Commission Act (15 
     U.S.C. 45) to the extent that section applies to unfair 
     methods of competition; and
       (ii) any State law (including regulations) that prohibits 
     or penalizes the conduct described in, or is otherwise 
     inconsistent with, sections 103 or 104.
       (3) Covered platform.--The term ``covered platform'' means 
     an online platform that at any point during the 12 months 
     preceding the formation of a joint negotiation entity under 
     section 103(a)(1)--
       (A) has at least 50,000,000 United States-based monthly 
     active users or subscribers on the online platform;
       (B) is owned or controlled by a person with--
       (i) United States net annual sales or a market 
     capitalization greater than $550,000,000,000, adjusted for 
     inflation on the basis of the Consumer Price Index; or
       (ii) not fewer than 1,000,000,000 worldwide monthly active 
     users on the online platform; and
       (C) is not an organization described in section 501(c)(3) 
     of the Internal Revenue Code of 1986.
       (4) Eligible broadcaster.--The term ``eligible 
     broadcaster'' means a person that--
       (A) holds or operates under a license issued by the Federal 
     Communications Commission under title III of the 
     Communications Act of 1934 (47 U.S.C. 301 et seq.);
       (B) engages professionals to create, edit, produce, and 
     distribute original content concerning local, regional, 
     national, or international matters of public interest through 
     activities including conducting interviews, observing current 
     events, analyzing documents and other information, and fact 
     checking through multiple firsthand or secondhand news 
     sources;
       (C) updates its content on at least a weekly basis;
       (D) uses an editorial process for error correction and 
     clarification, including a transparent process for reporting 
     errors or complaints to the station; and
       (E) is not a television network.
       (5) Eligible digital journalism provider.--The term 
     ``eligible digital journalism provider'' means any eligible 
     publisher or eligible broadcaster that discloses its 
     ownership to the public.
       (6) Eligible publisher.--The term ``eligible publisher'' 
     means any person that publishes 1 or more qualifying 
     publications.
       (7) Network station.--The term ``network station'' means a 
     television broadcast station, including any translator 
     station or terrestrial satellite station that rebroadcasts 
     all or substantially all of the programming broadcast by a 
     network station, that is owned or operated by, or affiliated 
     with, 1 or more television networks.
       (8) Online platform.--The term ``online platform'' means a 
     website, online or mobile application, operating system, 
     digital assistant, or online service that accesses news 
     articles, works of journalism, or other content, or portions 
     thereof, generated, created, produced, or owned by eligible 
     digital journalism providers, and aggregates, displays, 
     provides, distributes, or directs users to such content.
       (9) Person.--The term ``person'' includes an individual or 
     entity existing under or authorized by the laws of the United 
     States, the laws of any of territory of the United States, 
     the laws of any State, the laws of the District of Columbia, 
     or the laws of any foreign country.
       (10) Pricing, terms, and conditions.--The term ``pricing, 
     terms, and conditions'' does not include any term or 
     condition which relates to the use, display, promotion, 
     ranking, distribution, curation, suppression, throttling, 
     filtering, or labeling of the content or viewpoint of any 
     person.
       (11) Qualifying publication.--The term ``qualifying 
     publication'' means any website, mobile application, or other 
     digital service that--
       (A) does not primarily display, provide, distribute, or 
     offer content generated, created, produced, or owned by an 
     eligible broadcaster or television network; and
       (B)(i) provides information to an audience primarily in the 
     United States;
       (ii) performs a public-information function comparable to 
     that traditionally served by newspapers and other periodical 
     news publications;
       (iii) engages professionals to create, edit, produce, and 
     distribute original content concerning local, regional, 
     national, or international matters of public interest through 
     activities, including conducting interviews, observing 
     current events, or analyzing documents and other information, 
     and fact checking through multiple firsthand or secondhand 
     news sources;
       (iv) updates its content on at least a weekly basis;
       (v) has an editorial process for error correction and 
     clarification, including a transparent process for reporting 
     errors or complaints to the publication;
       (vi)(I) generated at least $100,000 in annual revenue from 
     its editorial content in the previous calendar year; or
       (II) has an International Standard Serial Number assigned 
     to an affiliated periodical before the date of enactment of 
     this Act;
       (vii) has not less than 25 percent of its editorial content 
     consisting of information about topics of current local, 
     national, or international public interest;
       (viii) employed not more than 1,500 exclusive full-time 
     employees during the 12-month period prior to the date of 
     enactment of this Act;
       (ix) is not controlled or wholly or partially owned by an 
     entity that is--
       (I) a foreign power or an agent of a foreign power, as 
     those terms are defined in section 101 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801);
       (II)(aa) designated as a foreign terrorist organization 
     pursuant to section 219(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1189(a));
       (bb) a terrorist organization, as defined in section 
     212(a)(3)(B)(vi)(II) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)(3)(B)(vi)(II));
       (cc) designated as a specially designated global terrorist 
     organization under Executive Order 13224 (50 U.S.C. 1701 
     note; relating to blocking property and prohibiting 
     transactions with persons who commit, threaten to commit, or 
     support terrorism); or
       (dd) an affiliate of an entity described in item (aa), 
     (bb), or (cc); or
       (III) an entity that has been convicted of violating, or 
     attempting to violate, section 2331, 2332b, or 2339A of title 
     18, United States Code; and
       (x) is not--
       (I) an organization described in section 501(c)(4) of the 
     Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code;
       (II) an organization described in section 527 of the 
     Internal Revenue Code of 1986;

[[Page S9640]]

       (III) an organization--

       (aa) described in section 501(c)(3) of the Internal Revenue 
     Code of 1986 and exempt from tax under section 501(a) of such 
     Code; and
       (bb) that is not a public broadcasting entity, as defined 
     in section 397 of the Communications Act of 1934 (47 U.S.C. 
     397); or

       (IV) an organization that is owned or controlled (directly 
     or indirectly) by 1 or more organizations described in 
     subclause (I), (II), or (III).
       (12) Television network.--The term ``television network''--
       (A) means any person that, on February 8, 1996, offered an 
     interconnected program service on a regular basis for 15 or 
     more hours per week to at least 25 affiliated television 
     licensees in 10 or more States; and
       (B) does not include any network station that is owned or 
     operated by, or affiliated with a person described in 
     subparagraph (A).

     SEC. 103. FRAMEWORK FOR CERTAIN JOINT NEGOTIATIONS.

       (a) Notice.--
       (1) Process to form a joint negotiation entity.--
       (A) In general.--An eligible digital journalism provider 
     shall provide public notice to announce the opportunity for 
     other eligible digital journalism providers to join a joint 
     negotiation entity for the purpose of engaging in joint 
     negotiations with a covered platform under this section, 
     regarding the pricing, terms, and conditions by which the 
     covered platform may access the content of the eligible 
     digital journalism providers that are members of the joint 
     negotiation entity.
       (B) Application.--During the 60-day period beginning on the 
     date public notice is made under subparagraph (A), any 
     eligible digital journalism provider may apply to join the 
     joint negotiation entity.
       (C) Formation.--A joint negotiation entity is established 
     upon the agreement of 2 or more eligible digital journalism 
     providers, and may create admission criteria for membership 
     unrelated to the size of an eligible digital journalism 
     provider or the views expressed by its content, including 
     criteria to limit membership to only eligible publishers or 
     only eligible broadcasters.
       (D) Governance.--By a majority vote of its members, a joint 
     negotiation entity formed under this section shall establish 
     rules and procedures to govern decision making by the entity 
     and each eligible digital journalism provider shall be 
     entitled to 1 vote on any matter submitted to a vote of the 
     members.
       (E) Additional members.--After the expiration of the 60-day 
     period described in subparagraph (B), an eligible digital 
     journalism provider may apply to join the joint negotiation 
     entity, and may be admitted to the joint negotiation entity 
     upon a majority vote of its members, if the applicant 
     otherwise satisfies any criteria for admission established by 
     the joint negotiation entity.
       (F) Designation.--A joint negotiation entity may designate 
     agents on a nonexclusive basis--
       (i) to engage in negotiations with a covered platform 
     conducted under this section; and
       (ii) to agree to pay or receive payments under or related 
     to an agreement negotiated under this section or an 
     arbitration decision issued under section 104.
       (G) Opt-out.--
       (i) In general.--After becoming a member of the joint 
     negotiation entity, an eligible digital journalism provider 
     may opt out of the joint negotiation entity at any time 
     before notice is sent to the covered platform under paragraph 
     (2).
       (ii) Prohibition on rejoining.--If an eligible digital 
     journalism provider opts out of a joint negotiation entity 
     under clause (i), the eligible digital journalism provider 
     may not--

       (I) rejoin the joint negotiation entity; or
       (II) receive any payment under or related to an agreement 
     negotiated by the joint negotiation entity under this section 
     or an arbitration decision issued under section 104.

       (H) Termination.--A joint negotiation entity will terminate 
     and cease to exist--
       (i) when the entity no longer has at least 2 members;
       (ii) upon a majority vote of its members; or
       (iii) upon the expiration or termination of an agreement 
     negotiated under this section or an arbitration decision 
     issued under section 104.
       (2) Notice to a covered platform to initiate a joint 
     negotiation.--
       (A) In general.--A joint negotiation under this section 
     shall commence after a covered platform receives a notice, 
     sent by or on behalf of a joint negotiation entity.
       (B) Contents of notice.--The notice described in 
     subparagraph (A) shall--
       (i) state that the joint negotiation entity is initiating a 
     negotiation under this section to reach an agreement 
     regarding the pricing, terms, and conditions by which the 
     covered platform may access the content of the eligible 
     digital journalism providers that are members of the joint 
     negotiation entity;
       (ii) identify the eligible digital journalism providers 
     that are members of the joint negotiation entity; and
       (iii) provide the physical mail address (street address or 
     post office box), telephone number, and email address of a 
     representative authorized to receive a response to the notice 
     on behalf of the joint negotiation entity.
       (C) Reply.--Not later than 30 days after receiving a notice 
     described in subparagraph (A), the covered platform shall 
     send a reply notice to the authorized representative 
     identified by or on behalf of the joint negotiation entity to 
     acknowledge receipt of the notice.
       (D) Notice to federal enforcers.--Copies of any notice 
     described in subparagraph (A) shall be filed by or on behalf 
     of the eligible digital journalism providers that are members 
     of the joint negotiation entity with the Federal Trade 
     Commission and the Assistant Attorney General in charge of 
     the Antitrust Division of the Department of Justice not later 
     than 30 days after the notice is sent to the covered 
     platform.
       (b) Conduct of the Joint Negotiations.--After the date a 
     reply notice is sent under subsection (a)(2)(C), the 
     following shall apply:
       (1) Any negotiation conducted under this section shall be 
     conducted in good faith and solely to reach an agreement 
     regarding the pricing, terms, and conditions under which the 
     covered platform may access the content of the eligible 
     digital journalism providers.
       (2) No pre-agreement discussions or agreement reached 
     regarding pricing, terms, and conditions under this section 
     may address whether or how the covered platform or any such 
     eligible digital journalism provider--
       (A) displays, ranks, distributes, suppresses, promotes, 
     throttles, labels, filters, or curates the content of the 
     eligible digital journalism providers; or
       (B) displays, ranks, distributes, suppresses, promotes, 
     throttles, labels, filters, or curates the content of any 
     other person.
       (3) A party is not conducting negotiations in good faith in 
     accordance with paragraph (1) if the party--
       (A) refuses to negotiate, except where eligible digital 
     journalism providers decide to jointly deny a covered 
     platform access to content licensed or produced by such 
     eligible digital journalism providers under subsection (c);
       (B) refuses to designate a representative with authority to 
     make binding representations;
       (C) refuses to meet and negotiate at reasonable times and 
     locations or otherwise causes unreasonable delay;
       (D) refuses to put forth more than a single, unilateral 
     proposal;
       (E) fails to respond to a proposal of the other party, 
     including the reasons for rejection;
       (F) enters into a separate third-party agreement that 
     unreasonably impedes the party from reaching an agreement 
     with the negotiating party; or
       (G) refuses to execute a full and written agreement that 
     has been reached verbally.
       (4) A covered platform is not conducting negotiations in 
     good faith in accordance with paragraph (1) if the covered 
     platform enters into a separate agreement with an eligible 
     digital journalism provider that impedes the eligible digital 
     journalism provider from participating in a negotiation under 
     this section.
       (5) During any negotiation conducted under this section, 
     the joint negotiation entity and the covered platform shall 
     each make a reasonable offer regarding the pricing, terms, 
     and conditions by which the covered platform may access the 
     content of the eligible digital journalism providers that are 
     members of the joint negotiation entity, substantiated with 
     comprehensive data and methodologies, including expert 
     analysis, that reflects--
       (A) the pricing, terms, and conditions comparable to those 
     found in commercial agreements between similarly situated 
     entities, including price, duration, territory, value of data 
     generated directly or indirectly by the content;
       (B) the fair market value to the covered platform of having 
     access to the content of the eligible digital journalism 
     providers that are members of the joint negotiation entity 
     and the resulting incremental contribution to the revenue of 
     the covered platform, including direct and indirect 
     advertising or promotional revenues, which shall not be 
     offset by any value conferred upon the eligible digital 
     journalism providers that are members of the joint 
     negotiation entity by the covered platform for aggregating or 
     distributing their content; and
       (C) the investment of the eligible digital journalism 
     providers that are members of the joint negotiation entity in 
     producing original news and related content, including the 
     number of journalists employed by each.
       (c) Joint Withholding of Content.--At any point after a 
     notice is sent to the covered platform to initiate joint 
     negotiations under subsection (a)(2), the eligible digital 
     journalism providers that are members of the joint 
     negotiation entity may jointly deny the covered platform 
     access to content licensed or produced by such eligible 
     digital journalism providers.

     SEC. 104. ARBITRATION FOR ELIGIBLE PUBLISHERS.

       (a) Right to Final Offer Arbitration.--
       (1) In general.--If the membership of a joint negotiation 
     entity consists only of eligible publishers, on or after the 
     date that is 180 days after the date negotiations under 
     section 103 begin, the joint negotiation entity may initiate 
     a final offer arbitration against the covered platform for an 
     arbitration panel to determine the pricing, terms, and 
     conditions by which the content displayed, provided, 
     distributed, or offered by a qualifying publication of any 
     eligible publisher that is a member of the joint negotiation 
     entity will be accessed by the covered platform if the 
     parties are unable to reach an agreement and regardless of 
     whether the joint negotiation entity, its members, or the

[[Page S9641]]

     covered platform complied with the requirements of section 
     103(b).
       (2) Effect of additional members.--If an additional member 
     joins the joint negotiation entity under section 103(a)(1)(E) 
     more than 90 days after the date negotiations under section 
     103 begin, the joint negotiation entity may not initiate a 
     final offer arbitration under paragraph (1) until 180 days 
     after the date the last member joins the joint negotiation 
     entity. No additional members may join the joint negotiation 
     entity after the arbitration has commenced.
       (b) Notice.--The joint negotiation entity shall provide 
     notice of its intention to initiate final offer arbitration 
     under this section to all of the members of the joint 
     negotiation entity no less than 10 days prior to initiating 
     such final offer arbitration.
       (c) Membership.--If a joint negotiation entity initiates 
     final offer arbitration under this section, any individual 
     eligible publisher that is a member of the joint negotiation 
     entity shall remain a member of the joint negotiation entity 
     until the completion of the arbitration, unless the eligible 
     publisher provides written notice to the joint negotiation 
     entity of its intention to withdraw from the joint 
     negotiation entity within 7 days of receiving notice under 
     subsection (b).
       (d) Proceedings.--
       (1) Rules of arbitration.--The arbitration shall be decided 
     by a panel of 3 arbitrators under the American Arbitration 
     Association's Commercial Arbitration Rules and Mediation 
     Procedures and the American Arbitration Association-
     International Centre for Dispute Resolution Final Offer 
     Arbitration Supplementary Rules, except to the extent they 
     conflict with this subsection.
       (2) Initiation of arbitration.--A final offer arbitration 
     under subsection (a) shall be initiated as provided in Rule 
     R-4 of the American Arbitration Association's Commercial 
     Arbitration Rules and Mediation Procedures, except that the 
     joint negotiation entity initiating the arbitration shall 
     refer to this division in its demand for arbitration, rather 
     than submitting contractual arbitration provisions.
       (3) Commencement and funding.--
       (A) Commencement.--A final offer arbitration proceeding 
     shall commence 10 days after the date a final offer 
     arbitration is initiated under subsection (a).
       (B) Funding.--The cost of administering the arbitration 
     proceeding, including arbitrator compensation, expenses, and 
     administrative fees, shall be shared equally between the 
     covered platform and the joint negotiation entity.
       (4) Appointment of the arbitration panel.--The arbitrators 
     shall be appointed in accordance with the American 
     Arbitration Association's Commercial Arbitration Rules and 
     Mediation Procedures.
       (5) Other requirements.--During a final offer arbitration 
     proceeding under this section--
       (A) the joint negotiation entity and the covered platform 
     may demand the production of documents and information that 
     are nonprivileged, reasonably necessary, and reasonably 
     accessible without undue expense;
       (B) documents and information described in subparagraph (A) 
     shall be exchanged not later than 30 days after the date the 
     demand is filed;
       (C) rules regarding the admissibility of evidence 
     applicable in Federal court shall apply;
       (D) the joint negotiation entity and covered platform shall 
     each submit a final offer proposal for the pricing, terms, 
     and conditions under which the content displayed, provided, 
     distributed, or offered by a qualifying publication of any 
     eligible publisher that is a member of the joint negotiation 
     entity will be accessed by the covered platform, and which 
     shall include the remuneration that the eligible publishers 
     should receive from the covered platform for programmatic 
     access to the content of the eligible publishers that are 
     members of the joint negotiation entity during the period 
     under negotiation based on the fair market value of such 
     access, which shall include backup materials sufficient to 
     permit the other party to replicate the proffered valuation;
       (E) no discussion or final offer under this section may 
     address whether or how the covered platform or any such 
     eligible digital journalism provider--
       (i) displays, ranks, distributes, suppresses, promotes, 
     throttles, labels, filters, or curates the content of the 
     eligible digital journalism providers; or
       (ii) displays, ranks distributes, suppresses, promotes, 
     throttles, labels, filters or curates the content of any 
     other person; and
       (F) if applicable, each eligible publisher that is a member 
     of the joint negotiation entity shall provide information and 
     data to guide the distribution of remuneration among the 
     members of the joint negotiation entity, including--
       (i) any compensation received by the eligible publisher 
     through commercial agreement prior to commencement of 
     negotiations under section 103 for access to content by the 
     covered platform during any part of the period under 
     negotiation, which shall be deducted from its allocation 
     accordingly; and
       (ii) spending by the eligible publisher on news 
     journalists, which are employed for an average of not fewer 
     than 20 hours per week during the calendar quarter by the 
     eligible digital journalism provider and are responsible for 
     gathering, preparing, directing the recording of, producing, 
     collecting, photographing, recording, writing, editing, 
     reporting, presenting, or publishing original news or 
     information that concerns local, regional, national, or 
     international matters of public interest in the previous 
     fiscal year, as a proportion of its overall budget of the 
     eligible digital journalism provider for that period, which 
     shall be used to guide 65 percent of the distribution of 
     remuneration among the members of the joint negotiation 
     entity.
       (e) Award.--
       (1) In general.--Not later than 60 days after the date 
     proceedings commence under subsection (d)(3)(A), the 
     arbitration panel shall issue an award that selects a final 
     offer from 1 of the parties without modification.
       (2) Requirements.--In issuing an award under paragraph (1), 
     the arbitration panel--
       (A) may not consider any value conferred upon any eligible 
     publisher by the covered platform for distributing or 
     aggregating its content as an offset to the value created by 
     such eligible publisher;
       (B) shall consider past incremental revenue contributions 
     as a guide to the future incremental revenue contribution by 
     any eligible publisher;
       (C) shall consider the pricing, terms, and conditions of 
     any available, comparable commercial agreements between 
     parties granting access to digital content, including 
     pricing, terms, and conditions relating to price, duration, 
     territory, the value of data generated directly or indirectly 
     by the content accounting for any material disparities in 
     negotiating power between the parties to such commercial 
     agreements; and
       (D) shall issue a binding, reasoned award, including the 
     factual and economic bases of its award, that applies for the 
     number of years set forth in the winning proposal, but not 
     fewer than 5 years.
       (f) Payments Pursuant to Award.--
       (1) In general.--Not later than 90 days after the date an 
     award is issued under subsection (e), the covered platform 
     shall begin paying any eligible publisher that was a member 
     of the joint negotiation entity participating in the 
     arbitration according to the terms in the final offer 
     selected by the arbitration panel.
       (2) Disbursement.--Payments made under paragraph (1) shall 
     be dispersed by a claims administrator to the individual 
     claimants that comprise the joint negotiation entity not 
     later than 60 days after the date the funds were received 
     from the covered platform.
       (g) Enforcement and Judicial Review.--
       (1) In general.--An award made under subsection (e) shall 
     be enforceable by the eligible publishers or the covered 
     platform subject to the award through a civil action brought 
     before a district court of the United States.
       (2) Expedited judicial process.--In any civil action to 
     enforce or seek judicial review of an award made under 
     subsection (e), the court shall adopt a rebuttable 
     presumption that good cause exists to prioritize the action 
     under section 1657 of title 28, United States Code.

     SEC. 105. LIMITATION OF LIABILITY.

       (a) In General.--In accordance with sections 103 and 104, 
     it shall not be in violation of the antitrust laws for any 
     eligible digital journalism providers that are members of a 
     joint negotiation entity to--
       (1) jointly deny a covered platform access to content for 
     which the eligible digital journalism providers, individually 
     or jointly, have the right to negotiate or arbitrate access 
     with respect to the covered platform; or
       (2) participate in joint negotiations and arbitration, as 
     members of the joint negotiation entity, with such covered 
     platform solely regarding the pricing, terms, and conditions 
     under which the covered platform may access the content for 
     which the eligible digital journalism providers, individually 
     or jointly, have the right to negotiate or arbitrate access 
     with respect to the covered platform.
       (b) Safe Harbor.--
       (1) Eligible digital journalism providers.--An eligible 
     digital journalism provider shall not be in violation of the 
     antitrust laws if the eligible digital journalism provider 
     participates, as a member of a joint negotiation entity, in 
     negotiations under section 103 or arbitration under section 
     104--
       (A) with a person that is not an eligible digital 
     journalism provider, if the eligible digital journalism 
     provider reasonably believes that the person is another 
     eligible digital journalism provider; or
       (B) with a person that is not a covered platform, if the 
     eligible digital journalism provider reasonably believes that 
     the person is a covered platform.
       (2) Joint negotiation entities.--A joint negotiation entity 
     shall not be in violation of the antitrust laws if the joint 
     negotiation entity engages in negotiations under section 103 
     or arbitration under section 104--
       (A) with or on behalf of a person that is not an eligible 
     digital journalism provider, if the joint negotiation entity 
     reasonably believes that the person is an eligible digital 
     journalism provider; or
       (B) with a person that is not a covered platform, if the 
     joint negotiation entity reasonably believes that the person 
     is a covered platform.
       (c) Notification of Agreements and Arbitration Decisions.--
       (1) Agreements.--The parties to any written agreement, 
     resulting from a negotiation under section 103 or 
     implementing an arbitration decision issued under section 
     104,

[[Page S9642]]

     shall file a copy of such agreement with the Federal Trade 
     Commission and the Assistant Attorney General in charge of 
     the Antitrust Division of the Department of Justice not later 
     than 60 days after such agreement is executed.
       (2) Arbitration decisions.--The parties to any arbitration 
     decision issued under section 104, shall file a copy of such 
     decision with the Federal Trade Commission and the Assistant 
     Attorney General in charge of the Antitrust Division of the 
     Department of Justice not later than 60 days after such 
     decision is issued.
       (3) Public disclosure.--The Federal Trade Commission shall 
     make the documents submitted under this subsection available 
     to the public on the Federal Trade Commission's website.
       (d) Limitation Regarding the Scope of Limitation of 
     Liability.--No antitrust immunity shall apply to any 
     negotiations, discussions, agreements, or arbitrations 
     relating to the use, display, promotion, ranking, 
     distribution, curation, suppression, throttling, filtering, 
     or labeling of the content of the eligible digital journalism 
     provider or of any other person. The limitation of liability 
     under this section shall apply only to negotiations, 
     discussions, agreements, or arbitrations regarding the 
     pricing, terms, and conditions under which the covered 
     platform may access the content of the eligible digital 
     journalism provider, not to any discussions or agreements 
     that differentiate content based on the viewpoint expressed 
     by such content.

     SEC. 106. NONDISCRIMINATION, RETALIATION, AND TRANSPARENCY.

       (a) Nondiscrimination.--
       (1) Joint negotiation entities.--A joint negotiation entity 
     may not discriminate against any eligible digital journalism 
     provider based on the size of the eligible digital journalism 
     provider or the views expressed by the eligible digital 
     journalism provider's content.
       (2) Covered platforms.--No covered platform may 
     discriminate against any eligible digital journalism provider 
     that is a member of a joint negotiation entity in connection 
     with a negotiation conducted under section 103, or an 
     arbitration conducted under section 104, based on the size of 
     the eligible digital journalism provider or the views 
     expressed by the eligible digital journalism provider's 
     content.
       (b) Prohibition on Retaliation by Covered Platforms.--
       (1) In general.--No covered platform may retaliate against 
     an eligible digital journalism provider for participating in 
     a negotiation conducted under section 103, or an arbitration 
     conducted under section 104, including by refusing to index 
     content or changing the ranking, identification, 
     modification, branding, or placement of the content of the 
     eligible digital journalism provider on the covered platform.
       (2) Effect of contract provisions.--Any provision in an 
     agreement that restricts an eligible digital journalism 
     provider from receiving compensation through a negotiation 
     conducted under section 103 or an arbitration conducted under 
     section 104 shall be void.
       (c) Investing in Journalism.--
       (1) In general.--Without disclosing confidential 
     information regarding the pricing, terms, and conditions of 
     an agreement reached under section 103, an agreement 
     implementing an arbitration decision issued under section 
     104, or an arbitration decision issued under section 104, or 
     confidential financial information, any eligible digital 
     journalism provider that receives funds under or related to 
     such agreement or arbitration decision shall provide to the 
     Federal Trade Commission, on an annual basis, information 
     regarding the use of any such funds during the prior year to 
     support ongoing and future operations to maintain or enhance 
     the production and distribution of news or information that 
     concerns local, regional, national, or international matters 
     of public interest, including--
       (A) the amount of funds received under or related to each 
     such agreement or decision; and
       (B) a good-faith estimate of the amount of funds that went 
     to news journalists employed for an average of not fewer than 
     20 hours per week during the calendar year by the eligible 
     digital journalism provider.
       (2) Public disclosure.--The Federal Trade Commission shall 
     make the disclosures submitted under paragraph (1) available 
     to the public on the Federal Trade Commission's website.

     SEC. 107. PRIVATE RIGHTS OF ACTION.

       (a) Negotiations.--
       (1) In general.--Any eligible digital journalism provider, 
     either jointly with other eligible digital journalism 
     providers or through an authorized representative, or covered 
     platform that participated in negotiations under section 103 
     may bring a civil action in an appropriate district court of 
     the United States alleging a violation of section 103(b).
       (2) Damages.--A court shall award damages to a prevailing 
     plaintiff under this subsection--
       (A) approximating the value of the last reasonable offer of 
     the plaintiff if the defendant did not conduct negotiations 
     in good faith in violation of section 103(b)(1);
       (B) approximating the value of the last reasonable offer of 
     the plaintiff if the defendant--
       (i) did not conduct negotiations in good faith in violation 
     of section 103(b)(1); and
       (ii) had not yet extended a reasonable offer; or
       (C) approximating the value of the plaintiff's last 
     reasonable offer if the defendant did not make a reasonable 
     offer in violation of section 103(b)(5).
       (3) Attorneys fees.--A court shall award attorney's fees to 
     the prevailing party under this subsection.
       (b) Discrimination.--
       (1) Joint negotiation entities.--
       (A) In general.--An eligible digital journalism provider 
     that is denied membership in a joint negotiation entity in 
     violation of section 106(a)(1) may bring a civil action in an 
     appropriate district court of the United States against the 
     joint negotiation entity and its members not later than 30 
     days after the date membership is denied.
       (B) Remedies.--
       (i) Before agreement or arbitration decision.--

       (I) In general.--An eligible digital journalism provider 
     that prevails in an action under subparagraph (A) before the 
     date an agreement is executed under section 103 or an 
     arbitration decision is issued under section 104, as 
     applicable, regarding the pricing, terms, and conditions by 
     which the covered platform may access the content of the 
     eligible digital journalism providers that are members of the 
     joint negotiation entity, may join the joint negotiation 
     entity and participate in the negotiation under section 103 
     or the arbitration under section 104, as applicable.
       (II) Notice.--A notice, by or on behalf of the joint 
     negotiation entity, shall be sent to the covered platform to 
     identify the eligible digital journalism provider that joins 
     the negotiation or arbitration under subclause (I).

       (ii) After agreement or arbitration decision.--

       (I) In general.--An eligible digital journalism provider 
     that prevails in an action under subparagraph (A) after the 
     date an agreement is executed under section 103 or an 
     arbitration decision is issued under section 104, as 
     applicable, regarding the pricing, terms, and conditions by 
     which the covered platform may access the content of the 
     eligible digital journalism providers that are members of the 
     joint negotiation entity, may join the joint negotiation 
     entity and be eligible for the same pricing, terms, and 
     conditions by which the covered platform may access the 
     content of the other eligible digital journalism providers 
     that are members of the joint negotiation entity.
       (II) Notice.--A notice, by or on behalf of the joint 
     negotiation entity, shall be sent to the covered platform to 
     identify the eligible digital journalism provider that joins 
     the joint negotiation entity under subclause (I) and that is 
     eligible to receive the same pricing, terms, and conditions 
     under the agreement negotiated under section 103 or the 
     arbitration decision issued under section 104, as applicable, 
     by which the covered platform may access the content of the 
     other eligible digital journalism providers that are members 
     of the joint negotiation entity.

       (2) Covered platforms.--
       (A) In general.--An eligible digital journalism provider 
     that is discriminated against in violation of section 
     106(a)(2) may bring a civil action in an appropriate district 
     court of the United States against the covered platform.
       (B) Remedies.--An eligible digital journalism provider that 
     prevails under subparagraph (A) shall be entitled to--
       (i) recover the actual damages sustained by the eligible 
     digital journalism provider as a result of the 
     discrimination;
       (ii) injunctive relief on such terms as the court may deem 
     reasonable to prevent or restrain the covered platform from 
     discriminating against the eligible digital journalism 
     provider; and
       (iii) the costs of the suit, including reasonable 
     attorneys' fees.
       (c) Retaliation.--
       (1) In general.--An eligible digital journalism provider 
     that is retaliated against in violation of section 106(b)(1) 
     may bring a civil action in an appropriate district court of 
     the United States against the covered platform.
       (2) Remedies.--An eligible digital journalism provider that 
     prevails in an action under paragraph (1) shall be entitled 
     to--
       (A) recover the actual damages sustained by the eligible 
     digital journalism provider as a result of the retaliation;
       (B) injunctive relief on such terms as the court may deem 
     reasonable to prevent or restrain the covered platform from 
     retaliating against the eligible digital journalism provider; 
     and
       (C) the costs of the suit, including reasonable attorneys' 
     fees.

     SEC. 108. REPORT.

       (a) Study.--The Comptroller General shall study the impact 
     of the joint negotiations authorized under this division, 
     including a summary of the deals negotiated, the impact of 
     such deals on local and regional news, the effect on the 
     free, open, and interoperable Internet including the ability 
     of the public to share and access information, and the effect 
     this division has had on employment for journalists.
       (b) Report.--Not later than 5 years after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the study required under subsection 
     (a).

     SEC. 109. SUNSET.

       (a) In General.--Except as provided in subsections (b) and 
     (c), this division shall cease to have effect on the date 
     that is 6 years after the date of its enactment.

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       (b) Exception in Case of Initiated but Incomplete Joint 
     Negotiation or Arbitration.--With respect to eligible digital 
     journalism providers that have initiated but not concluded a 
     negotiation under section 103 or an arbitration under section 
     104 on or before the sunset date described in subsection (a), 
     this division shall cease to be effective on the date such 
     negotiation or arbitration concludes or 180 days after the 
     date described in subsection (a), whichever occurs first.
       (c) Limitation of Liability Exception.--Section 105 shall 
     remain effective without cessation for any--
       (1) negotiation conducted or agreement executed under 
     section 103;
       (2) arbitration conducted or arbitration decision issued 
     under section 104; or
       (3) agreement implementing an arbitration decision issued 
     under section 104;
     during the period of effectiveness of this division.

     SEC. 110. RULE OF CONSTRUCTION.

       (a) Antitrust Laws.--Nothing in this division may be 
     construed to modify, impair, or supersede the operation of 
     the antitrust laws except as otherwise expressly provided in 
     this division.
       (b) Copyright and Trademark Law.--Nothing in this division 
     may be construed to modify, impair, expand, or in any way 
     alter rights pertaining to title 17, United States Code, or 
     the Lanham Act (15 U.S.C. 1051 et seq.)

     SEC. 111. SEVERABILITY.

       If any provision of this division, or the application of 
     such provision to any person or circumstance, is held to be 
     unconstitutional, the remainder of this division, and the 
     application of the remaining provisions of this division to 
     any person or circumstance shall not be affected.
                                 ______