[Congressional Record Volume 170, Number 50 (Thursday, March 21, 2024)]
[Senate]
[Pages S2522-S2551]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1695. Mr. MARSHALL (for himself and Mr. Durbin) submitted an 
amendment intended to be proposed by him to the bill H.R. 2882, to 
reauthorize the Morris K. Udall and Stewart L. Udall Trust Fund, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) This section may be cited as the ``Credit 
     Card Competition Act of 2024''.
       (b) Section 921 of the Electronic Fund Transfer Act (15 
     U.S.C. 1693o-2) is amended--
       (1) in subsection (b)--
       (A) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (3), (4), and (5), respectively; and
       (B) by inserting after paragraph (1) the following:
       ``(2) Competition in credit card transactions.--
       ``(A) No exclusive network.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of the Credit Card Competition Act of 2024, the 
     Board shall prescribe regulations providing that a covered 
     card issuer or payment card network shall not directly or 
     through any agent, processor, or licensed member of a payment 
     card network, by contract, requirement, condition, penalty, 
     technological specification, or otherwise, restrict the 
     number of payment card networks on which an electronic credit 
     transaction may be processed to--

       ``(I) 1 such network;
       ``(II) 2 or more such networks, if--

       ``(aa) each such network is owned, controlled, or otherwise 
     operated by--
       ``(AA) affiliated persons; or
       ``(BB) networks affiliated with such issuer; or
       ``(bb) any such network is identified on the list 
     established and updated under subparagraph (D); or

       ``(III) subject to clause (ii), the 2 such networks that 
     hold the 2 largest market shares with respect to the number 
     of credit cards issued in the United States by licensed 
     members of such networks (and enabled to be processed through 
     such networks), as determined by the Board on the date on 
     which the Board prescribes the regulations.

       ``(ii) Determinations by board.--

       ``(I) In general.--The Board, not later than 3 years after 
     the date on which the regulations prescribed under clause (i) 
     take effect, and not less frequently than once every 3 years 
     thereafter, shall determine whether the 2 networks identified 
     under clause (i)(III) have changed, as compared with the most 
     recent such determination by the Board.
       ``(II) Effect of determination.--If the Board, under 
     subclause (I), determines that the 2 networks described in 
     clause (i)(III) have changed (as compared with the most 
     recent such determination by the Board), clause (i)(III) 
     shall no longer have any force or effect.

       ``(B) No routing restrictions.--Not later than 1 year after 
     the date of enactment of the Credit Card Competition Act of 
     2024, the Board shall prescribe regulations providing that a 
     covered card issuer or payment card network shall not--
       ``(i) directly or through any agent, processor, or licensed 
     member of the network, by contract, requirement, condition, 
     penalty, or otherwise--

       ``(I) inhibit the ability of any person who accepts credit 
     cards for payments to direct the routing of electronic credit 
     transactions for processing over any payment card network 
     that--

       ``(aa) may process such transactions; and

[[Page S2523]]

       ``(bb) is not on the list established and updated by the 
     Board under subparagraph (D);

       ``(II) require any person who accepts credit cards for 
     payments to exclusively use, for transactions associated with 
     a particular credit card, an authentication, tokenization, or 
     other security technology that cannot be used by all of the 
     payment card networks that may process electronic credit 
     transactions for that particular credit card; or
       ``(III) inhibit the ability of another payment card network 
     to handle or process electronic credit transactions using an 
     authentication, tokenization, or other security technology 
     for the processing of those electronic credit transactions; 
     or

       ``(ii) impose any penalty or disadvantage, financial or 
     otherwise, on any person for--

       ``(I) choosing to direct the routing of an electronic 
     credit transaction over any payment card network on which the 
     electronic credit transaction may be processed; or
       ``(II) failing to ensure that a certain number, or 
     aggregate dollar amount, of electronic credit transactions 
     are handled by a particular payment card network.

       ``(C) Applicability.--The regulations prescribed under 
     subparagraphs (A) and (B) shall not apply to a credit card 
     issued in a 3-party payment system model.
       ``(D) Designation of national security risks.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of the Credit Card Competition Act of 2024, the 
     Board, in consultation with the Secretary of the Treasury, 
     shall prescribe regulations to establish a public list of any 
     payment card network--

       ``(I) the processing of electronic credit transactions by 
     which is determined by the Board to pose a risk to the 
     national security of the United States; or
       ``(II) that is owned, operated, or sponsored by a foreign 
     state entity.

       ``(ii) Updating of list.--Not less frequently than once 
     every 2 years after the date on which the Board establishes 
     the public list required under clause (i), the Board, in 
     consultation with the Secretary of the Treasury, shall update 
     that list.
       ``(E) Definitions.--In this paragraph--
       ``(i) the terms `card issuer' and `creditor' have the 
     meanings given the terms in section 103 of the Truth in 
     Lending Act (15 U.S.C. 1602);
       ``(ii) the term `covered card issuer' means a card issuer 
     that, together with the affiliates of the card issuer, has 
     assets of more than $100,000,000,000;
       ``(iii) the term `credit card issued in a 3-party payment 
     system model' means a credit card issued by a card issuer 
     that is--

       ``(I) the payment card network with respect to the credit 
     card; or
       ``(II) under common ownership with the payment card network 
     with respect to the credit card;

       ``(iv) the term `electronic credit transaction'--

       ``(I) means a transaction in which a person uses a credit 
     card; and
       ``(II) includes a transaction in which a person does not 
     physically present a credit card for payment, including a 
     transaction involving the entry of credit card information 
     onto, or use of credit card information in conjunction with, 
     a website interface or a mobile telephone application; and

       ``(v) the term `licensed member' includes, with respect to 
     a payment card network--

       ``(I) a creditor or card issuer that is authorized to issue 
     credit cards bearing any logo of the payment card network; 
     and
       ``(II) any person, including any financial institution and 
     any person that may be referred to as an `acquirer', that is 
     authorized to--

       ``(aa) screen and accept any person into any program under 
     which that person may accept, for payment for goods or 
     services, a credit card bearing any logo of the payment card 
     network;
       ``(bb) process transactions on behalf of any person who 
     accepts credit cards for payments; and
       ``(cc) complete financial settlement of any transaction on 
     behalf of a person who accepts credit cards for payments.''; 
     and
       (2) in subsection (d)(1), by inserting ``, except that the 
     Bureau shall not have authority to enforce the requirements 
     of this section or any regulations prescribed by the Board 
     under this section'' after ``section 918''.
       (c) Each set of regulations prescribed by the Board of 
     Governors of the Federal Reserve System under paragraph (2) 
     of section 921(b) of the Electronic Fund Transfer Act (15 
     U.S.C. 1693o-2(b)), as amended by subsection (b) of this 
     section, shall take effect on the date that is 180 days after 
     the date on which the Board prescribes the final version of 
     that set of regulations.
                                 ______
                                 
  SA 1696. Mr. MARSHALL submitted an amendment intended to be proposed 
by him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds made available by any division 
     of this Act may be used for surgical procedures or hormone 
     therapies for the purpose of gender affirming care.
                                 ______
                                 
  SA 1697. Mr. MARSHALL submitted an amendment intended to be proposed 
by him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON USE OF CERTAIN FORMS OF 
                   IDENTIFICATION BY ALIENS.

       None of the funds appropriated or otherwise made available 
     by this Act for the Transportation Security Administration 
     may be obligated or expended to enforce any rule or program 
     that permits an alien (as defined in section 101 of the 
     Immigration and Nationality Act (8 U.S.C. 1101)) to use any 
     of the following as a valid identification document for the 
     purpose of boarding an aircraft in the United States:
       (1) The CBP One Mobile Application.
       (2) Department of Homeland Security Form I-385, Notice to 
     Report.
       (3) Department of Homeland Security Form I-862, Notice to 
     Appear.
                                 ______
                                 
  SA 1698. Mr. MARSHALL submitted an amendment intended to be proposed 
by him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place in division B, insert the 
     following:
       Sec. __. (a) Definitions.--In this section:
       (1) Flag of the united states.--The term ``flag of the 
     United States'' has the meaning given the term in section 
     700(b) of title 18, United States Code.
       (2) Public building.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``public building'' has the meaning given the term 
     in section 3301(a) of title 40, United States Code.
       (B) Inclusion.--The term ``public building'' includes--
       (i) a military installation (as defined in section 2801(c) 
     of title 10, United States Code); and
       (ii) any embassy or consulate of the United States.
       (b) Prohibitions.--Notwithstanding any other provision of 
     law and except as provided in subsection (c), no flag that is 
     not the flag of the United States may be flown, draped, or 
     otherwise displayed--
       (1) on the exterior of a public building; or
       (2) in the hallway of a public building.
       (c) Exceptions.--The prohibitions under subsection (b) 
     shall not apply to--
       (1) a National League of Families POW/MIA flag (as 
     designated by section 902 of title 36, United States Code);
       (2) any flag that represents the nation of a visiting 
     diplomat;
       (3) the State flag of the State represented by a member of 
     Congress, outside or within the office of the member;
       (4) in the case of a military installation, any flag that 
     represents a unit or branch of the Armed Forces;
       (5) any flag that represents an Indian Tribe (as defined in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5304));
       (6) any flag that represents the State, territory, county, 
     city, or local jurisdiction in which the public building is 
     located;
       (7) a historical flag on display in a historical area of a 
     public building;
       (8) any flag that represents a State or territory in a 
     public building located in the District of Columbia; or
       (9) the service or leadership flag of a Federal agency.
                                 ______
                                 
  SA 1699. Mr. VANCE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of division ___, add the following:
       Sec. ___.  Notwithstanding any other provision of this 
     division, none of the funds appropriated or made available by 
     this division for the Centers for Disease Control and 
     Prevention or any other agency of the Department of Health 
     and Human Services for fiscal year 2024 shall be used to 
     enforce a mask mandate in response to COVID-19.
       Sec. ___.  Nothing in this division or any other division 
     of this Act may be construed to prevent a hospital, public 
     health center, outpatient medical facility, rehabilitation 
     facility, facility for long-term care, or medical facility, 
     as those terms are defined in section 1624 of the Public 
     Health Service Act (42 U.S.C. 300s-3), from requiring 
     employees to wear masks in response to the COVID-19 virus.
                                 ______
                                 
  SA 1700. Mr. VANCE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of division ___, add the following:
       Sec. ___.  Notwithstanding any other provision of this 
     division, none of the funds appropriated or made available by 
     this division for the Transportation Security Administration 
     or any other agency of the Department of Homeland Security 
     for fiscal year

[[Page S2524]]

     2024 shall be used to enforce a mask mandate in response to 
     COVID-19.
                                 ______
                                 
  SA 1701. Mr. HAWLEY submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

  DIVISION ___--BAN STOCK TRADING FOR GOVERNMENT OFFICIALS ACT OF 2024

     SECTION 1. SHORT TITLE.

       This division may be cited as the ``Ban Stock Trading for 
     Government Officials Act of 2024''.

  TITLE I--ELIMINATING EXECUTIVE BRANCH INSIDER CONFLICTS OF INTEREST

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Eliminating Executive 
     Branch Insider Conflicts of Interest Act''.

     SEC. 102. SENSE OF CONGRESS.

       It is the sense of Congress that executive branch officials 
     should not have a personal financial interest in the outcome 
     of Government policy decisions.

     SEC. 103. BANNING CONFLICTED INTERESTS IN THE EXECUTIVE 
                   BRANCH.

       (a) In General.--Chapter 131 of title 5, United States 
     Code, is amended by adding at the end the following:

 ``Subchapter IV--Banning Conflicted Interests in the Executive Branch

     ``Sec. 13151. Definitions

       ``In this subchapter:
       ``(1) Adjacent individual.--The term `adjacent individual' 
     means--
       ``(A) each officer or employee in the executive branch 
     holding a Senior Executive Service position, as defined under 
     section 3132(a)(2) of title 5;
       ``(B) each member of a uniformed service whose pay grade is 
     at or in excess of O-7 under section 201 of title 37;
       ``(C) each officer or employee in any other position 
     determined by the Special Counsel of the United States, in 
     consultation with the Director of the Office of Government 
     Ethics, to be of equal classification to a position described 
     in subparagraph (A) or (B); or
       ``(D) the spouse or dependent child of any individual 
     described in subparagraph (A), (B), or (C).
       ``(2) Covered financial interest.--
       ``(A) In general.--The term `covered financial interest' 
     means--
       ``(i) any investment in--

       ``(I) a security (as defined in section 3(a) of Securities 
     Exchange Act of 1934 (15 U.S.C. 78c(a)));
       ``(II) a security future (as defined in that section); or
       ``(III) a commodity (as defined in section 1a of the 
     Commodity Exchange Act (7 U.S.C. 1a)); or

       ``(ii) any economic interest comparable to an interest 
     described in clause (i) that is acquired through synthetic 
     means, such as the use of a derivative, including an option, 
     warrant, or other similar means.
       ``(B) Exclusions.--The term `covered financial interest' 
     does not include--
       ``(i) a diversified mutual fund;
       ``(ii) a diversified exchange-traded fund;
       ``(iii) a United States Treasury bill, note, or bond;
       ``(iv) compensation from the primary occupation of a 
     covered individual or adjacent individual; or
       ``(v) any financial interest exempted under paragraph (1) 
     or (2) of section 208(b) of title 18.
       ``(3) Covered individual.--The term `covered individual' 
     means--
       ``(A) the President;
       ``(B) the Vice President; or
       ``(C) the spouse or dependent child of any individual 
     described in subparagraph (A) or (B).
       ``(4) Dependent child.--The term dependent child has the 
     meaning given the term in section 13101.

     ``Sec. 13152. Prohibition on certain transactions and 
       holdings involving covered financial interests

       ``(a) Prohibition.--Except as provided in subsection (b), a 
     covered individual or an adjacent individual may not, during 
     the term of service of the covered individual or adjacent 
     individual, or during the 180-day period beginning on the 
     date on which the service of such covered individual or 
     adjacent individual is terminated, hold, purchase, sell, or 
     conduct any type of transaction with respect to a covered 
     financial interest.
       ``(b) Exceptions.--The prohibition under subsection (a) 
     shall not apply to a sale by a covered individual or an 
     adjacent individual that is completed by the date that is--
       ``(1) for a covered individual or an adjacent individual 
     serving on the date of enactment of this section, 180 days 
     after the date of enactment; and
       ``(2) for a covered individual or an adjacent individual 
     who commences service as a covered individual after the date 
     of enactment of this section, 180 days after the first date 
     of the term of service.
       ``(c) Adjacent Individuals.--With respect to adjacent 
     individuals--
       ``(1) this section shall be supplementary in nature to 
     section 208 of title 18; and
       ``(2) nothing in this section shall be construed to limit 
     the application of section 208 of title 18.
       ``(d) Penalties.--
       ``(1) Disgorgement.--A covered individual or adjacent 
     individual shall disgorge to the Treasury of the United 
     States any profit from a transaction or holding involving a 
     covered financial interest that is conducted in violation of 
     this section.
       ``(2) Fines.--A covered individual or an adjacent 
     individual who holds, purchases, sells, or conducts a 
     transaction involving a covered financial interest in 
     violation of this section--
       ``(A) shall be assessed a fine by the Office of the Special 
     Counsel, in consultation with the Director of the Office of 
     Government Ethics, of not more than $10,000 or the amount of 
     compensation, if any, that the covered individual or adjacent 
     individual received for the prohibited conduct, whichever is 
     greater; and
       ``(B) may be referred to the Department of Justice and 
     assessed a civil fine pursuant to section 13153 if the Office 
     of the Special Counsel, in consultation with the Director of 
     the Office of Government Ethics, find such case comparatively 
     substantial in monetary value or extraordinary in nature.

     ``Sec. 13153. Civil penalties

       ``(a) Civil Action.--The Attorney General may bring a civil 
     action in any appropriate United States district court 
     against any covered individual or adjacent individual who 
     violates any provision of section 13152.
       ``(b) Civil Penalty.--The court in which any action is 
     brought under subsection (a) may assess against a covered 
     individual or an adjacent individual a civil penalty of not 
     more than the amount recommended by the Attorney General.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     131 of title 5, United States Code, is amended by adding at 
     the end the following:

  ``subchapter iv--banning conflicted interests in the executive branch

``13151. Definitions.
``13152. Prohibition on certain transactions and holdings involving 
              covered financial interests.
``13153. Civil penalties.''.

                        TITLE II--STOCK ACT 2.0

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``STOCK Act 2.0''.

     SEC. 202. REPORTING OF APPLICATIONS FOR, OR RECEIPT OF, 
                   PAYMENTS FROM FEDERAL GOVERNMENT.

       (a) In General.--Section 13103 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(i) Reporting of Applications for, or Receipt of, 
     Payments From Federal Government.--
       ``(1) Definitions.--In this subsection:
       ``(A) Covered payment.--
       ``(i) In general.--The term `covered payment' means a 
     payment of money or any other item of value made, or promised 
     to be made, by the Federal Government.
       ``(ii) Inclusions.--The term `covered payment' includes--

       ``(I) a loan agreement, contract, or grant made, or 
     promised to be made, by the Federal Government; and
       ``(II) such other types of payment of money or items of 
     value as the Secretary of the Treasury, in consultation with 
     the Director of the Office of Government Ethics, may 
     establish, by regulation.

       ``(iii) Exclusions.--The term `covered payment' does not 
     include--

       ``(I) any salary or compensation for service performed as, 
     or reimbursement of personal outlay by, an officer or 
     employee of the Federal Government; or
       ``(II) any tax refund (including a refundable tax credit).

       ``(B) Covered person.--The term `covered person' means a 
     person described in any of paragraphs (1) through (10) of 
     section 13105(l).
       ``(2) Reporting requirement.--Not later than 30 days after 
     the date of receipt of a notice of any application for, or 
     receipt of, a covered payment by a covered person, the spouse 
     of the covered person, or a dependent child of the covered 
     person (including any business owned and controlled by the 
     covered person or spouse or dependent child of the covered 
     person), but in no case later than 45 days after the date on 
     which the covered payment is made or promised to be made, the 
     covered person shall submit to the applicable supervising 
     ethics office a report describing the covered payment.
       ``(3) Fine for failure to report.--Notwithstanding section 
     13106(d), a covered person shall be assessed a fine, pursuant 
     to regulations issued by the applicable supervising ethics 
     office, of $500 in each case in which the covered person 
     fails to file a report required under this subsection.''.
       (b) Report Contents.--Section 13104 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(j) Payments From Federal Government.--Each report filed 
     pursuant to subsection (i) of section 13103 shall include--
       ``(1) an identification of each type of payment or item of 
     value applied for, or received, from the Federal Government;
       ``(2)(A) the name of each recipient of each payment or item 
     of value identified under paragraph (1); and
       ``(B) the relationship of each recipient named under 
     subparagraph (A) to the person filing the report;
       ``(3) a description of the date on which, as applicable--

[[Page S2525]]

       ``(A) an application for a payment or other item of value 
     was submitted to the Federal Government; and
       ``(B) the payment or item of value was received from the 
     Federal Government; and
       ``(4) a description of the amount of each applicable 
     payment or item of value.''.
       (c) Technical and Conforming Amendments.--
       (1) Persons required to file.--Section 13103(f) of title 5, 
     United States Code, is amended--
       (A) in paragraph (9), by striking ``as defined in section 
     13101'';
       (B) in paragraph (10), by striking ``as defined in section 
     13101'';
       (C) in paragraph (11), by striking ``as defined in section 
     13101''; and
       (D) in paragraph (12), by striking ``as defined in section 
     13101''.
       (2) Contents of reports.--Section 13104(a) of title 5, 
     United States Code, is amended in the matter preceding 
     paragraph (1), by striking ``section 13103(d) and (e)'' and 
     inserting ``subsection (d) or (e) of section 13103''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to relevant applications submitted to, and 
     payments made or promised to be made by, the Federal 
     Government on or after the date that is 90 days after the 
     date of enactment of this Act.

     SEC. 203. PENALTY FOR STOCK ACT NONCOMPLIANCE.

       (a) In General.--The STOCK Act (Public Law 112-105; 126 
     Stat. 291; 126 Stat. 1310; 127 Stat. 438; 132 Stat. 4167) is 
     amended by adding at the end the following:

     ``SEC. 20. FINES FOR FAILURE TO REPORT.

       ``(a) In General.--Notwithstanding any other provision of 
     law (including regulations), an individual shall be assessed 
     a fine, pursuant to regulations issued by the applicable 
     supervising ethics office (including the Administrative 
     Office of the United States Courts, as applicable), of $500 
     in each case in which the individual fails to file a 
     transaction report required under this Act.
       ``(b) Deposit in Treasury.--The fines paid under this 
     section shall be deposited in the miscellaneous receipts of 
     the Treasury.''.
       (b) Rules, Regulations, Guidance, and Documents.--Not later 
     than 1 year after the date of enactment of this Act, each 
     supervising ethics office (as defined in section 2 of the 
     STOCK Act (5 U.S.C. 13101 note)) (including the 
     Administrative Office of the United States Courts, as 
     applicable) shall amend the rules, regulations, guidance, 
     documents, papers, and other records of the supervising 
     ethics office in accordance with the amendment made by this 
     section.

     SEC. 204. BANNING CONFLICTED INTERESTS IN CONGRESS.

       (a) In General.--
       (1) Banning conflicted trades.--Chapter 131 of title 5, 
     United States Code, as amended by section 103 of this 
     division, is amended by adding at the end the following:

         ``Subchapter V--Banning Conflicted Trades in Congress

     ``SEC. 13161. DEFINITIONS.

       ``In this subchapter:
       ``(1) Commodity.--The term `commodity' has the meaning 
     given the term in section 1a of the Commodity Exchange Act (7 
     U.S.C. 1a).
       ``(2) Covered financial interest.--
       ``(A) In general.--The term `covered financial interest' 
     means--
       ``(i) any investment in--

       ``(I) a security (as defined in section 3(a) of Securities 
     Exchange Act of 1934 (15 U.S.C. 78c(a)));
       ``(II) a security future (as defined in that section); or
       ``(III) a commodity (as defined in section 1a of the 
     Commodity Exchange Act (7 U.S.C. 1a)); or

       ``(ii) any economic interest comparable to an interest 
     described in clause (i) that is acquired through synthetic 
     means, such as the use of a derivative, including an option, 
     warrant, or other similar means.
       ``(B) Exclusions.--The term `covered financial interest' 
     does not include--
       ``(i) a diversified mutual fund;
       ``(ii) a diversified exchange-traded fund;
       ``(iii) a United States Treasury bill, note, or bond;
       ``(iv) compensation from the primary occupation of a 
     covered individual; or
       ``(v) any financial interest exempted under paragraph (1) 
     or (2) of section 208(b) of title 18.
       ``(3) Covered individual.--The term `covered individual' 
     means--
       ``(A) a Member of Congress (as defined in section 13101); 
     or
       ``(B) a spouse or dependent child of a Member of Congress.
       ``(4) Dependent child.--The term dependent child has the 
     meaning given the term in section 13101.
       ``(5) Future.--The term `future' means a financial contract 
     obligating a buyer to purchase, or a seller to sell, an 
     asset, such as a physical commodity or a financial 
     instrument, at a predetermined future date and price.
       ``(6) Security.--The term `security' has the meaning given 
     the term in section 3(a) of the Securities Exchange Act of 
     1934 (15 U.S.C. 78c(a)).
       ``(7) Supervising ethics office.--The term `supervising 
     ethics office', with respect to a covered individual, has the 
     meaning given the term in section 13101 with respect to that 
     covered individual.

     ``SEC. 13162. PROHIBITIONS.

       ``(a) Transactions.--Except as provided in sections 13163 
     and 13164, and during the 180-day period beginning on the 
     date on which the service of such covered individual is 
     terminated, no covered individual may--
       ``(1) hold, purchase, sell, or conduct any type of 
     transaction with respect to a covered financial interest; or
       ``(2) enter into a transaction that creates a net short 
     position in any security.
       ``(b) Positions.--A covered individual may not serve as an 
     officer or member of any board of any for-profit association, 
     corporation, or other entity.

     ``SEC. 13163. DIVESTITURE.

       ``With respect to any covered financial interest held by a 
     covered individual, the covered individual shall sell the 
     covered financial interest during the 180-day period 
     beginning on the later of--
       ``(1) the date on which the covered individual assumes 
     office or employment as a covered individual; and
       ``(2) the date of enactment of this Act.

     ``SEC. 13164. ADMINISTRATION AND ENFORCEMENT.

       ``(a) Administration.--Each supervising ethics office may 
     issue guidance relating to any matter covered by this 
     subchapter, including--
       ``(1) whether a covered individual may hold an employee 
     stock option or other, similar instrument that has not vested 
     before the date on which the covered individual assumes 
     office or employment as a covered individual; and
       ``(2) the process and timeline for determining the date on 
     which a covered individual shall no longer serve as an 
     officer or member of any board of any for-profit association, 
     corporation, or other entity.
       ``(b) Enforcement.--A covered individual who knowingly 
     fails to comply with this subchapter--
       ``(1) shall disgorge to the Treasury of the United States 
     any profit from a transaction or holding involving a covered 
     financial interest that is conducted in violation of this 
     subchapter; and
       ``(2) shall be assessed a fine by the supervising ethics 
     office of not less than 10 percent of the value of the 
     covered financial interest that was purchased or sold, or the 
     security in which a net short position was created, in 
     violation of this subchapter, as applicable.''.
       (2) Clerical amendment.--The table of sections for chapter 
     131 of title 5, United States Code, as amended by section 103 
     of this division, is amended by adding at the end the 
     following:

          ``subchapter v--banning conflicted trades in congress

``13161. Definitions.
``13162. Prohibitions.
``13163. Divestiture.
``13164. Administration and enforcement.''.
       (b) Conforming Amendments.--
       (1) Authority and functions.--Section 13122(f)(2)(B) of 
     title 5, United States Code, is amended--
       (A) by striking ``Subject to clause (iv) of this 
     subparagraph, before'' each place it appears and inserting 
     ``Before''; and
       (B) by striking clause (iv).
       (2) Lobbying disclosure act of 1995.--Section 3(4)(D) of 
     the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(4)(D)) is 
     amended by striking ``legislative branch employee serving in 
     a position described under section 13101(13) of title 5, 
     United States Code'' and inserting ``officer or employee of 
     Congress (as defined in section 13101 of title 5, United 
     States Code)''.
       (3) STOCK act.--Section 2 of the STOCK Act (5 U.S.C. 13101 
     note) is amended--
       (A) in paragraph (2)(B), by striking ``(11)'';
       (B) in paragraph (4), by striking ``(10)'';
       (C) in paragraph (5), by striking ``(9)''; and
       (D) in paragraph (6), by striking ``(18)''.
       (4) Securities exchange act of 1934.--Section 21A of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78u-1) is 
     amended--
       (A) in subsection (g)(2)(B)(ii), by striking ``(11)''; and
       (B) in subsection (h)(2)--
       (i) in subparagraph (B), by striking ``(9)''; and
       (ii) in subparagraph (C), by striking ``(10)''.

     SEC. 205. ELECTRONIC FILING AND ONLINE PUBLIC AVAILABILITY OF 
                   FINANCIAL DISCLOSURE FORMS.

       (a) Members of Congress and Congressional Staff.--Section 
     8(b)(1) of the STOCK Act (5 U.S.C. 13107 note) is amended--
       (1) in the matter preceding subparagraph (A), by inserting 
     ``, pursuant to subchapter I of chapter 131 of title 5, 
     United States Code, through databases maintained on the 
     official websites of the Senate and House of 
     Representatives'' after ``enable'';
       (2) in subparagraph (A), by striking ``reports received by 
     them pursuant to section 13105(h)(1)(A) of title 5, United 
     States Code, and'' and inserting ``each report received under 
     section 13105(h)(1)(A) of that subchapter; and''; and
       (3) by striking subparagraph (B) and the undesignated 
     matter following that subparagraph and inserting the 
     following:
       ``(B) public access--
       ``(i) to each--

       ``(I) financial disclosure report filed by a Member of 
     Congress or a candidate for Congress;
       ``(II) transaction disclosure report filed by a Member of 
     Congress or a candidate for Congress pursuant to section 
     13105(l) of that subchapter; and
       ``(III) notice of extension or amendment with respect to a 
     report described in subclause (I) or (II), pursuant to that 
     subchapter; and

[[Page S2526]]

       ``(ii) in a manner that--

       ``(I) allows the public to search, sort, and download data 
     contained in the reports described in subclause (I) or (II) 
     of clause (i) by criteria required to be reported, including 
     by filer name, asset, transaction type, ticker symbol, 
     notification date, amount of transaction, and date of 
     transaction;
       ``(II) allows access through an application programming 
     interface; and
       ``(III) is fully compliant with--

       ``(aa) section 508 of the Rehabilitation Act of 1973 (29 
     U.S.C. 794d); and
       ``(bb) the most recent Web Content Accessibility Guidelines 
     (or successor guidelines).''.
       (b) Very Senior Executive Branch Employees.--Section 
     11(b)(1) of the STOCK Act (Public Law 112-105; 126 Stat. 299) 
     is amended--
       (1) in the matter preceding subparagraph (A), by inserting 
     ``, pursuant to subchapter I of chapter 131 of title 5, 
     United States Code, through databases maintained on the 
     official website of the Office of Government Ethics'' after 
     ``enable''; and
       (2) by striking subparagraph (B) and the undesignated 
     matter following that subparagraph and inserting the 
     following:
       ``(B) public access--
       ``(i) to each--

       ``(I) financial disclosure report filed by an officer 
     occupying a position listed in section 5312 or 5313 of title 
     5, United States Code, having been nominated by the President 
     and confirmed by the Senate to that position;
       ``(II) transaction disclosure report filed by an individual 
     described in subclause (I) pursuant to section 13105(l) of 
     title 5, United States Code; and
       ``(III) notice of extension or amendment with respect to a 
     report described in subclause (I) or (II), pursuant to 
     subchapter I of chapter 131 of title 5, United States Code; 
     and

       ``(ii) in a manner that--

       ``(I) allows the public to search, sort, and download data 
     contained in the reports described in subclause (I) or (II) 
     of clause (i) by criteria required to be reported, including 
     by filer name, asset, transaction type, ticker symbol, 
     notification date, amount of transaction, and date of 
     transaction;
       ``(II) allows access through an application programming 
     interface; and
       ``(III) is fully compliant with--

       ``(aa) section 508 of the Rehabilitation Act of 1973 (29 
     U.S.C. 794d); and
       ``(bb) the most recent Web Content Accessibility Guidelines 
     (or successor guidelines).''.
       (c) Applicability.--The amendments made by this section 
     shall apply on and after the date that is 18 months after the 
     date of enactment of this Act.
                                 ______
                                 
  SA 1702. Mr. HAWLEY submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

                              DIVISION ___

    --PREVENTING CHILD LABOR EXPLOITATION IN FEDERAL CONTRACTING ACT

     SEC. ___1. SHORT TITLE.

       This division may be cited as the ``Preventing Child Labor 
     Exploitation in Federal Contracting Act''.

     SEC. ___2. DEFINITIONS.

       In this division:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Oversight and Accountability of the 
     House of Representatives.
       (2) Executive agency.--The term ``executive agency'' has 
     the meaning given such term in section 133 of title 41, 
     United States Code.

     SEC. ___3. PROMOTION OF WORKPLACE ACCOUNTABILITY.

       (a) Required Representations and Certifications.--Not later 
     than 18 months after the date of enactment of this Act, the 
     Federal Acquisition Regulatory Council shall amend the 
     Federal Acquisition Regulation to--
       (1) require any entity that enters into a contract with an 
     executive agency to represent, on an annual basis and to the 
     best of the knowledge of the entity, whether, within the 
     preceding 3-year period, any final administrative merits 
     determination, arbitral award or decision, or civil judgment, 
     as defined in coordination with the Secretary of Labor, has 
     been issued against the entity for any violation of section 
     12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212), 
     relating to child labor;
       (2) provide (through a revision of the Certification 
     Regarding Knowledge of Child Labor for Listed End Products as 
     described in section 52.222-18 of the Federal Acquisition 
     Regulation or through, if necessary, another certification) a 
     requirement that an offeror--
       (A) certify, to the best of the knowledge of the entity, 
     whether, within the preceding 3-year period, any final 
     administrative merits determination, arbitral award or 
     decision, or civil judgment, as defined in coordination with 
     the Secretary of Labor, for a violation described in 
     paragraph (1) has been issued against the entity; and
       (B) require such a certification from each of the 
     subcontractors or service providers to be used in performing, 
     or that were considered for the performance of, the contract 
     for which the offeror is submitting an offer and provide such 
     certifications with the certification by the offeror under 
     subparagraph (A);
       (3) prohibit executive agencies from awarding a contract 
     to--
       (A) an entity that provides an affirmative response to a 
     representation under paragraph (1) and has failed to 
     implement any corrective measure negotiated under subsection 
     (b); or
       (B) an offeror that--
       (i) provides an affirmative response to a certification 
     under paragraph (2) and has failed to implement any 
     corrective measure negotiated under subsection (b); or
       (ii) intends to use a subcontractor or service provider in 
     the performance of the contract that was identified as having 
     violations in such an affirmative response and has failed to 
     implement any corrective measure negotiated under such 
     subsection;
       (4) require the name and address of each entity that 
     provides an affirmative response to a representation under 
     paragraph (1), and the name and address of each offeror, 
     subcontractor, or service provider identified as having 
     violations in an affirmative response to a certification 
     under paragraph (2), to be referred to the Secretary of Labor 
     for purposes of negotiating with that entity, offeror, 
     subcontractor, or service provider on corrective measures 
     under subsection (b) and preparing the list and conducting 
     suspension and debarment proceedings under subsection (c);
       (5) provide procedures for consultation with the Secretary 
     of Labor by an offeror described in paragraph (2) to assist 
     the offeror in evaluating the information on compliance with 
     section 12 of the Fair Labor Standards Act of 1938, relating 
     to child labor, submitted to the offeror by a subcontractor 
     or service provider pursuant to such paragraph; and
       (6) make any other changes necessary to implement the 
     requirements of this division.
       (b) Corrective Measures.--An entity that makes an 
     affirmative response to a representation under subsection 
     (a)(1) or offeror, subcontractor, or service provider that 
     makes an affirmative response in a certification under 
     subsection (a)(2)--
       (1) shall update the representation or certification, 
     respectively, based on any steps taken by the entity, 
     offeror, subcontractor, or service provider to correct 
     violations of or improve compliance with section 12 of the 
     Fair Labor Standards Act of 1938, relating to child labor, 
     including any agreements entered into with the Secretary of 
     Labor; and
       (2) may negotiate with the Secretary of Labor regarding 
     corrective measures that the entity, offeror, subcontractor, 
     or service provider may take in order to avoid being placed 
     on the list under subsection (c) and referred for suspension 
     and debarment proceedings under such subsection, in the case 
     the entity, offeror, subcontractor, or service provider meets 
     the criteria for such list and proceedings under such 
     subsection.
       (c) List of Ineligible Entities.--
       (1) In general.--For each calendar year beginning with the 
     first calendar year that begins after the date that is 2 
     years after the date of enactment of this Act, the Secretary 
     of Labor, in coordination with other executive agencies as 
     necessary, shall prepare a list and conduct suspension and 
     debarment proceedings for--
       (A) each entity that provided an affirmative response to a 
     representation under subsection (a)(1) and has failed to 
     implement any corrective measure negotiated under subsection 
     (b) for the year of the list; and
       (B) each offeror, subcontractor, or service provider that 
     was identified as having violations in an affirmative 
     response to a certification under subsection (a)(2) and has 
     failed to implement any corrective measure negotiated under 
     subsection (b) for the year of the list.
       (2) Ineligibility.--
       (A) In general.--The head of an executive agency shall not, 
     during the period of time described in subparagraph (B), 
     solicit offers from, award contracts to, or consent to 
     subcontracts with any entity, offeror, subcontractor, or 
     service provider that is listed--
       (i) under paragraph (1); and
       (ii) as an active exclusion in the System for Award 
     Management.
       (B) Period of time.--The period of time described in this 
     subparagraph is a period of time determined by the suspension 
     and debarment official that is not less than 4 years from the 
     date on which the entity, offeror, subcontractor, or service 
     provider is listed as an exclusion in the System for Award 
     Management.
       (3) Additional considerations.--In determining the entities 
     to consider for suspension and debarment proceedings under 
     paragraph (1), the Secretary of Labor shall ensure procedures 
     for such determination are consistent with the procedures set 
     forth in subpart 9.4 of the Federal Acquisition Regulation 
     for the suspension and debarment of Federal contractors.
       (d) Penalties for Failure to Report.--
       (1) Offense.--It shall be unlawful for a person to 
     knowingly fail to make a representation or certification 
     required under paragraph (1) or (2), respectively, of 
     subsection (a).
       (2) Penalty.--
       (A) In general.--A violation of paragraph (1) shall be 
     referred by any executive agency

[[Page S2527]]

     with knowledge of such violation for suspension and debarment 
     proceedings, to be conducted by the suspension and debarment 
     official of the Department of Labor.
       (B) Loss to government.--A violation of paragraph (1) shall 
     be subject to the penalties under sections 3729 through 3733 
     of title 31, United States Code (commonly known as the 
     ``False Claims Act'').
       (e) Annual Reports to Congress.--For each calendar year 
     beginning with the first calendar year that begins after the 
     date that is 2 years after the date of enactment of this Act, 
     the Secretary of Labor shall submit to the appropriate 
     committees of Congress, and make publicly available on a 
     public website, a report that includes--
       (1) the number of entities, offerors, subcontractors, or 
     service providers on the list under subsection (c) for the 
     year of the report;
       (2) the number of entities, offerors, subcontractors, or 
     service providers that agreed to take corrective measures 
     under subsection (b) for such year;
       (3) the amount of the applicable contracts for the 
     entities, offerors, subcontractors, or service providers 
     described in paragraph (1) or (2); and
       (4) an assessment of the effectiveness of the 
     implementation of this division for such year.

     SEC. ___4. GAO STUDY.

       Not later than 2 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     conduct a study on the prevalence of violations of section 12 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 212), 
     relating to child labor, among Federal contractors and submit 
     to the appropriate committees of Congress a report with the 
     findings of the study.

     SEC. ___ 5. USE OF CIVIL PENALTIES COLLECTED FOR CHILD LABOR 
                   LAW VIOLATIONS.--

       Section 16(e)(5) of the Fair Labor Standards Act of 1938 
     (29 U.S.C. 216(e)(5)) is amended--
       (1) by striking ``Except'' and all that follows through 
     ``sums'' and inserting ``Sums''; and
       (2) by striking the second sentence.

     SEC. ___6. NO ADDITIONAL FUNDS.

       No additional funds are authorized to be appropriated for 
     the purpose of carrying out this division.
                                 ______
                                 
  SA 1703. Mr. HAWLEY submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. INCREASE OF DUTY ON AUTOS ORIGINATING IN PEOPLE'S 
                   REPUBLIC OF CHINA.

       (a) In General.--Effective on the date of the enactment of 
     this Act, heading 8703 of the HTS shall be applied and 
     administered with respect to imports originating in the 
     People's Republic of China--
       (1) in the column 1 general rate of duty column, by 
     substituting ``100%'' for the rate of duty otherwise 
     applicable; and
       (2) in the column 2 rate of duty column, by substituting 
     ``100%'' for the rate of duty otherwise applicable.
       (b) Modification of Schedule of Concessions to GATT 1994.--
     With due regard for the international obligations of the 
     United States, particularly Article XXXVIII of the GATT 1947 
     requiring any suspension of trade agreement concessions to be 
     made on a most-favored nation basis, the United States Trade 
     Representative shall take the necessary steps to modify the 
     Schedule of Concessions to accommodate the increase under 
     subsection (a) in the rate of duty applicable to articles 
     covered under heading 8703 of the HTS that originate in the 
     People's Republic of China.
       (c) Rules of Origin.--For purposes of this section, an 
     article covered under heading 8703 of the HTS originates in 
     the People's Republic of China if the article is--
       (1) produced in the People's Republic of China;
       (2) produced by an entity organized under the laws of or 
     otherwise subject to the jurisdiction of the People's 
     Republic of China, without regard to the country in which 
     that entity is located; or
       (3) produced by an entity over which control is exercised 
     by an entity organized under the laws of or otherwise subject 
     to the jurisdiction of the People's Republic of China, 
     without regard to the country in which either such entity is 
     located.
       (d) Definitions.--In this section:
       (1) Control.--The term ``control'' has the meaning given 
     that term in section 800.208 of title 31, Code of Federal 
     Regulations (as in effect on the date of the enactment of 
     this Act).
       (2) GATT 1947.--The term ``GATT 1947'' has the meaning 
     given that term in section 2 of the Uruguay Round Agreements 
     Act (19 U.S.C. 3501).
       (3) HTS.--The term ``HTS'' means the Harmonized Tariff 
     Schedule of the United States.
       (4) Schedule of concessions.--The term ``Schedule of 
     Concessions'' has the meaning given the term ``Schedule XX'' 
     in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 
     3501).
                                 ______
                                 
  SA 1704. Mr. HAWLEY submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of division G, add the following:

                         TITLE V--STOP CSAM ACT

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Strengthening Transparency 
     and Obligations to Protect Children Suffering from Abuse and 
     Mistreatment Act of 2024'' or the ``STOP CSAM Act of 2024''.

     SEC. 502. PROTECTING CHILD VICTIMS AND WITNESSES IN FEDERAL 
                   COURT.

       (a) In General.--Section 3509 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(A), by striking ``or exploitation'' 
     and inserting ``exploitation, or kidnapping, including 
     international parental kidnapping'';
       (B) in paragraph (3), by striking ``physical or mental 
     injury'' and inserting ``physical injury, psychological 
     abuse'';
       (C) by striking paragraph (5) and inserting the following:
       ``(5) the term `psychological abuse' includes--
       ``(A) a pattern of acts, threats of acts, or coercive 
     tactics intended to degrade, humiliate, intimidate, or 
     terrorize a child; and
       ``(B) the infliction of trauma on a child through--
       ``(i) isolation;
       ``(ii) the withholding of food or other necessities in 
     order to control behavior;
       ``(iii) physical restraint; or
       ``(iv) the confinement of the child without the child's 
     consent and in degrading conditions;'';
       (D) in paragraph (6), by striking ``child prostitution'' 
     and inserting ``child sex trafficking'';
       (E) by striking paragraph (7) and inserting the following:
       ``(7) the term `multidisciplinary child abuse team' means a 
     professional unit of individuals working together to 
     investigate child abuse and provide assistance and support to 
     a victim of child abuse, composed of representatives from--
       ``(A) health, social service, and legal service agencies 
     that represent the child;
       ``(B) law enforcement agencies and prosecutorial offices; 
     and
       ``(C) children's advocacy centers;'';
       (F) in paragraph (9)(D)--
       (i) by striking ``genitals'' and inserting ``anus, 
     genitals,''; and
       (ii) by striking ``or animal'';
       (G) in paragraph (11), by striking ``and'' at the end;
       (H) in paragraph (12)--
       (i) by striking ``the term `child abuse' does not'' and 
     inserting ``the terms `physical injury' and `psychological 
     abuse' do not''; and
       (ii) by striking the period and inserting a semicolon; and
       (I) by adding at the end the following:
       ``(13) the term `covered person' means a person of any age 
     who--
       ``(A) is or is alleged to be--
       ``(i) a victim of a crime of physical abuse, sexual abuse, 
     exploitation, or kidnapping, including international parental 
     kidnapping; or
       ``(ii) a witness to a crime committed against another 
     person; and
       ``(B) was under the age of 18 when the crime described in 
     subparagraph (A) was committed; and
       ``(14) the term `protected information', with respect to a 
     covered person, includes--
       ``(A) personally identifiable information of the covered 
     person, including--
       ``(i) the name of the covered person;
       ``(ii) an address;
       ``(iii) a phone number;
       ``(iv) a user name or identifying information for an 
     online, social media, or email account; and
       ``(v) any information that can be used to distinguish or 
     trace the identity of the covered person, either alone or 
     when combined with other information that is linked or 
     linkable to the covered person;
       ``(B) medical, dental, behavioral, psychiatric, or 
     psychological information of the covered person;
       ``(C) educational or juvenile justice records of the 
     covered person; and
       ``(D) any other information concerning the covered person 
     that is deemed `protected information' by order of the court 
     under subsection (d)(5).'';
       (2) in subsection (b)--
       (A) in paragraph (1)(C), by striking ``minor'' and 
     inserting ``child''; and
       (B) in paragraph (2)--
       (i) in the heading, by striking ``Videotaped'' and 
     inserting ``Recorded'';
       (ii) in subparagraph (A), by striking ``that the deposition 
     be recorded and preserved on videotape'' and inserting ``that 
     a video recording of the deposition be made and preserved'';
       (iii) in subparagraph (B)--

       (I) in clause (ii), by striking ``that the child's 
     deposition be taken and preserved by videotape'' and 
     inserting ``that a video recording of the child's deposition 
     be made and preserved'';
       (II) in clause (iii)--

       (aa) in the matter preceding subclause (I), by striking 
     ``videotape'' and inserting ``recorded''; and
       (bb) in subclause (IV), by striking ``videotape'' and 
     inserting ``recording''; and

[[Page S2528]]

       (III) in clause (v)--

       (aa) in the heading, by striking ``videotape'' and 
     inserting ``video recording'';
       (bb) in the first sentence, by striking ``made and 
     preserved on video tape'' and inserting ``recorded and 
     preserved''; and
       (cc) in the second sentence, by striking ``videotape'' and 
     inserting ``video recording'';
       (iv) in subparagraph (C), by striking ``child's 
     videotaped'' and inserting ``video recording of the 
     child's'';
       (v) in subparagraph (D)--

       (I) by striking ``videotaping'' and inserting 
     ``deposition''; and
       (II) by striking ``videotaped'' and inserting ``recorded'';

       (vi) in subparagraph (E), by striking ``videotaped'' and 
     inserting ``recorded''; and
       (vii) in subparagraph (F), by striking ``videotape'' each 
     place the term appears and inserting ``video recording'';
       (3) in subsection (d)--
       (A) in paragraph (1)(A)--
       (i) in clause (i), by striking ``the name of or any other 
     information concerning a child'' and inserting ``a covered 
     person's protected information''; and
       (ii) in clause (ii)--

       (I) by striking ``documents described in clause (i) or the 
     information in them that concerns a child'' and inserting ``a 
     covered person's protected information''; and
       (II) by striking ``, have reason to know such information'' 
     and inserting ``(including witnesses or potential witnesses), 
     have reason to know each item of protected information to be 
     disclosed'';

       (B) in paragraph (2)--
       (i) by striking ``the name of or any other information 
     concerning a child'' each place the term appears and 
     inserting ``a covered person's protected information'';
       (ii) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and adjusting the margins 
     accordingly;
       (iii) by striking ``All papers'' and inserting the 
     following:
       ``(A) In general.--All papers''; and
       (iv) by adding at the end the following:
       ``(B) Enforcement of violations.--The court may address a 
     violation of subparagraph (A) in the same manner as 
     disobedience or resistance to a lawful court order under 
     section 401(3).'';
       (C) in paragraph (3)--
       (i) in subparagraph (A)--

       (I) by striking ``a child from public disclosure of the 
     name of or any other information concerning the child'' and 
     inserting ``a covered person's protected information from 
     public disclosure''; and
       (II) by striking ``, if the court determines that there is 
     a significant possibility that such disclosure would be 
     detrimental to the child'';

       (ii) in subparagraph (B)--

       (I) in clause (i)--

       (aa) by striking ``a child witness, and the testimony of 
     any other witness'' and inserting ``any witness''; and
       (bb) by striking ``the name of or any other information 
     concerning a child'' and inserting ``a covered person's 
     protected information''; and

       (II) in clause (ii), by striking ``child'' and inserting 
     ``covered person''; and

       (iii) by adding at the end the following:
       ``(C)(i) For purposes of this paragraph, there shall be a 
     presumption that public disclosure of a covered person's 
     protected information would be detrimental to the covered 
     person.
       ``(ii) The court shall deny a motion for a protective order 
     under subparagraph (A) only if the court finds that the party 
     opposing the motion has rebutted the presumption under clause 
     (i) of this subparagraph.'';
       (D) in paragraph (4)--
       (i) by striking ``This subsection'' and inserting the 
     following:
       ``(A) Disclosure to certain parties.--This subsection'';
       (ii) in subparagraph (A), as so designated--

       (I) by striking ``the name of or other information 
     concerning a child'' and inserting ``a covered person's 
     protected information''; and
       (II) by striking ``or an adult attendant, or to'' and 
     inserting ``an adult attendant, a law enforcement agency for 
     any intelligence or investigative purpose, or''; and

       (iii) by adding at the end the following:
       ``(B) Request for public disclosure.--If any party requests 
     public disclosure of a covered person's protected information 
     to further a public interest, the court shall deny the 
     request unless the court finds that--
       ``(i) the party seeking disclosure has established that 
     there is a compelling public interest in publicly disclosing 
     the covered person's protected information;
       ``(ii) there is a substantial probability that the public 
     interest would be harmed if the covered person's protected 
     information is not disclosed;
       ``(iii) the substantial probability of harm to the public 
     interest outweighs the harm to the covered person from public 
     disclosure of the covered person's protected information; and
       ``(iv) there is no alternative to public disclosure of the 
     covered person's protected information that would adequately 
     protect the public interest.''; and
       (E) by adding at the end the following:
       ``(5) Other protected information.--The court may order 
     that information shall be considered to be `protected 
     information' for purposes of this subsection if the court 
     finds that the information is sufficiently personal, 
     sensitive, or identifying that it should be subject to the 
     protections and presumptions under this subsection.'';
       (4) by striking subsection (f) and inserting the following:
       ``(f) Victim Impact Statement.--
       ``(1) Probation officer.--In preparing the presentence 
     report pursuant to rule 32(c) of the Federal Rules of 
     Criminal Procedure, the probation officer shall request 
     information from the multidisciplinary child abuse team, if 
     applicable, or other appropriate sources to determine the 
     impact of the offense on a child victim and any other 
     children who may have been affected by the offense.
       ``(2) Guardian ad litem.--A guardian ad litem appointed 
     under subsection (h) shall--
       ``(A) make every effort to obtain and report information 
     that accurately expresses the views of a child victim, and 
     the views of family members as appropriate, concerning the 
     impact of the offense; and
       ``(B) use forms that permit a child victim to express the 
     child's views concerning the personal consequences of the 
     offense, at a level and in a form of communication 
     commensurate with the child's age and ability.'';
       (5) in subsection (h), by adding at the end the following:
       ``(4) Authorization of appropriations.--
       ``(A) In general.--There is authorized to be appropriated 
     to the United States courts to carry out this subsection 
     $25,000,000 for each fiscal year.
       ``(B) Supervision of payments.--Payments from 
     appropriations authorized under subparagraph (A) shall be 
     made under the supervision of the Director of the 
     Administrative Office of the United States Courts.'';
       (6) in subsection (i)--
       (A) by striking ``A child testifying at or attending a 
     judicial proceeding'' and inserting the following:
       ``(1) In general.--A child testifying at a judicial 
     proceeding, including in a manner described in subsection 
     (b),'';
       (B) in paragraph (1), as so designated--
       (i) in the third sentence, by striking ``proceeding'' and 
     inserting ``testimony''; and
       (ii) by striking the fifth sentence; and
       (C) by adding at the end the following:
       ``(2) Recording.--If the adult attendant is in close 
     physical proximity to or in contact with the child while the 
     child testifies--
       ``(A) at a judicial proceeding, a video recording of the 
     adult attendant shall be made and shall become part of the 
     court record; or
       ``(B) in a manner described in subsection (b), the adult 
     attendant shall be visible on the closed-circuit television 
     or in the recorded deposition.
       ``(3) Covered persons attending proceeding.--A covered 
     person shall have the right to be accompanied by an adult 
     attendant when attending any judicial proceeding.'';
       (7) in subsection (j)--
       (A) by striking ``child'' each place the term appears and 
     inserting ``covered person''; and
       (B) in the fourth sentence--
       (i) by striking ``and the potential'' and inserting ``, the 
     potential'';
       (ii) by striking ``child's'' and inserting ``covered 
     person's''; and
       (iii) by inserting before the period at the end the 
     following: ``, and the necessity of the continuance to 
     protect the defendant's rights'';
       (8) in subsection (k), by striking ``child'' each place the 
     term appears and inserting ``covered person''; and
       (9) in subsection (l), by striking ``child'' each place the 
     term appears and inserting ``covered person''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to conduct that occurs before, on, or after the 
     date of enactment of this Act.

     SEC. 503. FACILITATING PAYMENT OF RESTITUTION; TECHNICAL 
                   AMENDMENTS TO RESTITUTION STATUTES.

       Title 18, United States Code, is amended--
       (1) in section 1593(c)--
       (A) by inserting ``(1)'' after ``(c)'';
       (B) by striking ``chapter, including, in'' and inserting 
     the following: ``chapter.
       ``(2) In''; and
       (C) in paragraph (2), as so designated, by inserting ``may 
     assume the rights of the victim under this section'' after 
     ``suitable by the court'';
       (2) in section 2248(c)--
       (A) by striking ``For purposes'' and inserting the 
     following:
       ``(1) In general.--For purposes'';
       (B) by striking ``chapter, including, in'' and inserting 
     the following: ``chapter.
       ``(2) Assumption of crime victim's rights.--In''; and
       (C) in paragraph (2), as so designated, by inserting ``may 
     assume the rights of the victim under this section'' after 
     ``suitable by the court'';
       (3) in section 2259--
       (A) in subsection (b)--
       (i) in paragraph (1), by striking ``Directions.--Except as 
     provided in paragraph (2), the'' and inserting ``Restitution 
     for child pornography production.--If the defendant was 
     convicted of child pornography production, the''; and
       (ii) in paragraph (2)(B), by striking ``$3,000.'' and 
     inserting the following: ``--
       ``(i) $3,000; or
       ``(ii) 10 percent of the full amount of the victim's 
     losses, if the full amount of the victim's losses is less 
     than $3,000.''; and
       (B) in subsection (c)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) Child pornography production.--For purposes of this 
     section and section 2259A, the term `child pornography 
     production' means--

[[Page S2529]]

       ``(A) a violation of subsection (a), (b), or (c) of section 
     2251, or an attempt or conspiracy to violate any of those 
     subsections under subsection (e) of that section;
       ``(B) a violation of section 2251A;
       ``(C) a violation of section 2252(a)(4) or 2252A(a)(5), or 
     an attempt or conspiracy to violate either of those sections 
     under section 2252(b)(2) or 2252A(b)(2), to the extent such 
     conduct involves child pornography--
       ``(i) produced by the defendant; or
       ``(ii) that the defendant attempted or conspired to 
     produce;
       ``(D) a violation of section 2252A(g) if the series of 
     felony violations involves not fewer than 1 violation--
       ``(i) described in subparagraph (A), (B), (E), or (F) of 
     this paragraph;
       ``(ii) of section 1591; or
       ``(iii) of section 1201, chapter 109A, or chapter 117, if 
     the victim is a minor;
       ``(E) a violation of subsection (a) of section 2260, or an 
     attempt or conspiracy to violate that subsection under 
     subsection (c)(1) of that section;
       ``(F) a violation of section 2260B(a)(2) for promoting or 
     facilitating an offense--
       ``(i) described in subparagraph (A), (B), (D), or (E) of 
     this paragraph; or
       ``(ii) under section 2422(b); and
       ``(G) a violation of chapter 109A or chapter 117, if the 
     offense involves the production or attempted production of, 
     or conspiracy to produce, child pornography.''; and
       (ii) by striking paragraph (3) and inserting the following:
       ``(3) Trafficking in child pornography.--For purposes of 
     this section and section 2259A, the term `trafficking in 
     child pornography' means--
       ``(A) a violation of subsection (d) of section 2251 or an 
     attempt or conspiracy to violate that subsection under 
     subsection (e) of that section;
       ``(B) a violation of paragraph (1), (2), or (3) of 
     subsection (a) of section 2252, or an attempt or conspiracy 
     to violate any of those paragraphs under subsection (b)(1) of 
     that section;
       ``(C) a violation of section 2252(a)(4) or 2252A(a)(5), or 
     an attempt or conspiracy to violate either of those sections 
     under section 2252(b)(2) or 2252A(b)(2), to the extent such 
     conduct involves child pornography--
       ``(i) not produced by the defendant; or
       ``(ii) that the defendant did not attempt or conspire to 
     produce;
       ``(D) a violation of paragraph (1), (2), (3), (4), or (6) 
     of subsection (a) of section 2252A, or an attempt or 
     conspiracy to violate any of those paragraphs under 
     subsection (b)(1) of that section;
       ``(E) a violation of subsection (a)(7) of section 2252A, or 
     an attempt or conspiracy to violate that subsection under 
     subsection (b)(3) of that section;
       ``(F) a violation of section 2252A(g) if the series of 
     felony violations exclusively involves violations described 
     in this paragraph;
       ``(G) a violation of subsection (b) of section 2260, or an 
     attempt or conspiracy to violate that subsection under 
     subsection (c)(2) of that section; and
       ``(H) a violation of subsection (a)(1) of section 2260B, or 
     a violation of subsection (a)(2) of that section for 
     promoting or facilitating an offense described in this 
     paragraph.'';
       (4) in section 2259A(a)--
       (A) in paragraph (1), by striking ``under section 
     2252(a)(4) or 2252A(a)(5)'' and inserting ``described in 
     section 2259(c)(3)(C)''; and
       (B) in paragraph (2), by striking ``any other offense for 
     trafficking in child pornography'' and inserting ``any 
     offense for trafficking in child pornography other than an 
     offense described in section 2259(c)(3)(C)'';
       (5) in section 2429--
       (A) in subsection (b)(3), by striking ``2259(b)(3)'' and 
     inserting ``2259(c)(2)''; and
       (B) in subsection (d)--
       (i) by inserting ``(1)'' after ``(d)'';
       (ii) by striking ``chapter, including, in'' and inserting 
     the following: ``chapter.
       ``(2) In''; and
       (iii) in paragraph (2), as so designated, by inserting 
     ``may assume the rights of the victim under this section'' 
     after ``suitable by the court''; and
       (6) in section 3664, by adding at the end the following:
       ``(q) Trustee or Other Fiduciary.--
       ``(1) In general.--
       ``(A) Appointment of trustee or other fiduciary.--When the 
     court issues an order of restitution under section 1593, 
     2248, 2259, 2429, or 3663, or subparagraphs (A)(i) and (B) of 
     section 3663A(c)(1), for a victim described in subparagraph 
     (B) of this paragraph, the court, at its own discretion or 
     upon motion by the Government, may appoint a trustee or other 
     fiduciary to hold any amount paid for restitution in a trust 
     or other official account for the benefit of the victim.
       ``(B) Covered victims.--A victim referred to in 
     subparagraph (A) is a victim who is--
       ``(i) under the age of 18 at the time of the proceeding;
       ``(ii) incompetent or incapacitated; or
       ``(iii) subject to paragraph (3), a foreign citizen or 
     stateless person residing outside the United States.
       ``(2) Order.--When the court appoints a trustee or other 
     fiduciary under paragraph (1), the court shall issue an order 
     specifying--
       ``(A) the duties of the trustee or other fiduciary, which 
     shall require--
       ``(i) the administration of the trust or maintaining an 
     official account in the best interests of the victim; and
       ``(ii) disbursing payments from the trust or account--

       ``(I) to the victim; or
       ``(II) to any individual or entity on behalf of the victim;

       ``(B) that the trustee or other fiduciary--
       ``(i) shall avoid any conflict of interest;
       ``(ii) may not profit from the administration of the trust 
     or maintaining an official account for the benefit of the 
     victim other than as specified in the order; and
       ``(iii) may not delegate administration of the trust or 
     maintaining the official account to any other person;
       ``(C) if and when the trust or the duties of the other 
     fiduciary will expire; and
       ``(D) the fees payable to the trustee or other fiduciary to 
     cover expenses of administering the trust or maintaining the 
     official account for the benefit of the victim, and the 
     schedule for payment of those fees.
       ``(3) Fact-finding regarding foreign citizens and stateless 
     person.--In the case of a victim who is a foreign citizen or 
     stateless person residing outside the United States and is 
     not under the age of 18 at the time of the proceeding or 
     incompetent or incapacitated, the court may appoint a trustee 
     or other fiduciary under paragraph (1) only if the court 
     finds it necessary to--
       ``(A) protect the safety or security of the victim; or
       ``(B) provide a reliable means for the victim to access or 
     benefit from the restitution payments.
       ``(4) Payment of fees.--
       ``(A) In general.--The court may, with respect to the fees 
     of the trustee or other fiduciary--
       ``(i) pay the fees in whole or in part; or
       ``(ii) order the defendant to pay the fees in whole or in 
     part.
       ``(B) Applicability of other provisions.--With respect to a 
     court order under subparagraph (A)(ii) requiring a defendant 
     to pay fees--
       ``(i) subsection (f)(3) shall apply to the court order in 
     the same manner as that subsection applies to a restitution 
     order;
       ``(ii) subchapter C of chapter 227 (other than section 
     3571) shall apply to the court order in the same manner as 
     that subchapter applies to a sentence of a fine; and
       ``(iii) subchapter B of chapter 229 shall apply to the 
     court order in the same manner as that subchapter applies to 
     the implementation of a sentence of a fine.
       ``(C) Effect on other penalties.--Imposition of payment 
     under subparagraph (A)(ii) shall not relieve a defendant of, 
     or entitle a defendant to a reduction in the amount of, any 
     special assessment, restitution, other fines, penalties, or 
     costs, or other payments required under the defendant's 
     sentence.
       ``(D) Schedule.--Notwithstanding any other provision of 
     law, if the court orders the defendant to make any payment 
     under subparagraph (A)(ii), the court may provide a payment 
     schedule that is concurrent with the payment of any other 
     financial obligation described in subparagraph (C).
       ``(5) Authorization of appropriations.--
       ``(A) In general.--There is authorized to be appropriated 
     to the United States courts to carry out this subsection 
     $15,000,000 for each fiscal year.
       ``(B) Supervision of payments.--Payments from 
     appropriations authorized under subparagraph (A) shall be 
     made under the supervision of the Director of the 
     Administrative Office of the United States Courts.''.

     SEC. 504. CYBERTIPLINE IMPROVEMENTS, AND ACCOUNTABILITY AND 
                   TRANSPARENCY BY THE TECH INDUSTRY.

       (a) In General.--Chapter 110 of title 18, United States 
     Code, is amended--
       (1) in section 2258A--
       (A) by striking subsections (a), (b), and (c) and inserting 
     the following:
       ``(a) Duty To Report.--
       ``(1) Duty.--In order to reduce the proliferation of online 
     child exploitation and to prevent the online sexual 
     exploitation of children, as soon as reasonably possible 
     after obtaining actual knowledge of any facts or 
     circumstances described in paragraph (2) or any apparent 
     child pornography on the provider's service, and in any event 
     not later than 60 days after obtaining such knowledge, a 
     provider shall submit to the CyberTipline of NCMEC, or any 
     successor to the CyberTipline operated by NCMEC, a report 
     containing--
       ``(A) the mailing address, telephone number, facsimile 
     number, electronic mailing address of, and individual point 
     of contact for, such provider; and
       ``(B) information described in subsection (b) concerning 
     such facts or circumstances or apparent child pornography.
       ``(2) Facts or circumstances.--The facts or circumstances 
     described in this paragraph are any facts or circumstances 
     indicating an apparent, planned, or imminent violation of 
     section 2251, 2251A, 2252, 2252A, 2252B, or 2260.
       ``(3) Permitted actions based on reasonable belief.--In 
     order to reduce the proliferation of online child 
     exploitation and to prevent the online sexual exploitation of 
     children, if a provider has a reasonable belief that any 
     facts or circumstances described in paragraph (2) exist, the 
     provider may submit to the CyberTipline of NCMEC, or any 
     successor to the CyberTipline operated by NCMEC, a report 
     described in paragraph (1).
       ``(b) Contents of Report.--
       ``(1) In general.--In an effort to prevent the future 
     sexual victimization of children, and to the extent the 
     information is within the custody or control of a provider, 
     each report provided under paragraph (1) or (3) of subsection 
     (a)--

[[Page S2530]]

       ``(A) shall include, to the extent that it is applicable 
     and reasonably available--
       ``(i) identifying information regarding any individual who 
     is the subject of the report, including name, address, 
     electronic mail address, user or account identification, 
     Internet Protocol address, and uniform resource locator;
       ``(ii) the terms of service in effect at the time of--

       ``(I) the apparent violation; or
       ``(II) the detection of apparent child pornography or a 
     planned or imminent violation;

       ``(iii) a copy of any apparent child pornography that is 
     the subject of the report that was identified in a publicly 
     available location;
       ``(iv) for each item of apparent child pornography included 
     in the report under clause (iii) or paragraph (2)(C), 
     information indicating whether--

       ``(I) the apparent child pornography was publicly 
     available; or
       ``(II) the provider, in its sole discretion, viewed the 
     apparent child pornography, or any copy thereof, at any point 
     concurrent with or prior to the submission of the report; and

       ``(v) for each item of apparent child pornography that is 
     the subject of the report, an indication as to whether the 
     apparent child pornography--

       ``(I) has previously been the subject of a report under 
     paragraph (1) or (3) of subsection (a); or
       ``(II) is the subject of multiple contemporaneous reports 
     due to rapid and widespread distribution; and

       ``(B) may, at the sole discretion of the provider, include 
     the information described in paragraph (2) of this 
     subsection.
       ``(2) Other information.--The information referred to in 
     paragraph (1)(B) is the following:
       ``(A) Historical reference.--Information relating to when 
     and how a customer or subscriber of a provider uploaded, 
     transmitted, or received content relating to the report or 
     when and how content relating to the report was reported to, 
     or discovered by the provider, including a date and time 
     stamp and time zone.
       ``(B) 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.
       ``(C) Apparent child pornography.--Any apparent child 
     pornography not described in paragraph (1)(A)(iii), or other 
     content related to the subject of the report.
       ``(D) Complete communication.--The complete communication 
     containing any apparent child pornography or other content, 
     including--
       ``(i) any data or information regarding the transmission of 
     the communication; and
       ``(ii) any visual depictions, data, or other digital files 
     contained in, or attached to, the communication.
       ``(E) Technical identifier.--An industry-standard hash 
     value or other similar industry-standard technical identifier 
     for any reported visual depiction as it existed on the 
     provider's service.
       ``(F) Description.--For any item of apparent child 
     pornography that is the subject of the report, an indication 
     of whether--
       ``(i) the depicted sexually explicit conduct involves--

       ``(I) genital, oral, or anal sexual intercourse;
       ``(II) bestiality;
       ``(III) masturbation;
       ``(IV) sadistic or masochistic abuse; or
       ``(V) lascivious exhibition of the anus, genitals, or pubic 
     area of any person; and

       ``(ii) the depicted minor is--

       ``(I) an infant or toddler;
       ``(II) prepubescent;
       ``(III) pubescent;
       ``(IV) post-pubescent; or
       ``(V) of an indeterminate age or developmental stage.'';

       ``(c) Forwarding of Report and Other Information to Law 
     Enforcement.--
       ``(1) In general.--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 submitted under paragraph (1) or 
     (3) of subsection (a) to one or more of the following law 
     enforcement agencies:
       ``(A) Any Federal law enforcement agency that is involved 
     in the investigation of child sexual exploitation, 
     kidnapping, or enticement crimes.
       ``(B) Any State or local law enforcement agency that is 
     involved in the investigation of child sexual exploitation.
       ``(C) A foreign law enforcement agency designated by the 
     Attorney General under subsection (d)(3) or a foreign law 
     enforcement 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.
       ``(2) Technical identifiers.--If a report submitted under 
     paragraph (1) or (3) of subsection (a) contains an industry-
     standard hash value or other similar industry-standard 
     technical identifier--
       ``(A) NCMEC may compare that hash value or identifier with 
     any database or repository of visual depictions owned or 
     operated by NCMEC; and
       ``(B) if the comparison under subparagraph (A) results in a 
     match, NCMEC may include the matching visual depiction from 
     its database or repository when forwarding the report to an 
     agency described in subparagraph (A) or (B) of paragraph 
     (1).'';
       (B) in subsection (d)--
       (i) in paragraph (2), by striking ``subsection (c)(1)'' and 
     inserting ``subsection (c)(1)(A)''; and
       (ii) in paragraph (3)--

       (I) in subparagraph (A), by striking ``subsection (c)(3)'' 
     and inserting ``subsection (c)(1)(C)''; and
       (II) in subparagraph (C), by striking ``subsection (c)(3)'' 
     and inserting ``subsection (c)(1)(C)'';

       (C) by striking subsection (e) and inserting the following:
       ``(e) Failure to Comply With Requirements.--
       ``(1) Criminal penalty.--
       ``(A) Offense.--It shall be unlawful for a provider to 
     knowingly--
       ``(i) fail to submit a report under subsection (a)(1) 
     within the time period required by that subsection; or
       ``(ii) fail to preserve material as required under 
     subsection (h).
       ``(B) Penalty.--
       ``(i) In general.--A provider that violates subparagraph 
     (A) shall be fined--

       ``(I) in the case of an initial violation, not more than 
     $150,000; and
       ``(II) in the case of any second or subsequent violation, 
     not more than $300,000.

       ``(ii) Harm to individuals.--The maximum fine under clause 
     (i) shall be tripled if an individual is harmed as a direct 
     and proximate result of the applicable violation.
       ``(2) Civil penalty.--
       ``(A) Violations relating to cybertipline reports and 
     material preservation.--A provider shall be liable to the 
     United States Government for a civil penalty in an amount of 
     not less than $50,000 and not more than $100,000 if the 
     provider knowingly--
       ``(i) fails to submit a report under subsection (a)(1) 
     within the time period required by that subsection;
       ``(ii) fails to preserve material as required under 
     subsection (h); or
       ``(iii) submits a report under paragraph (1) or (3) of 
     subsection (a) that--

       ``(I) contains materially false or fraudulent information; 
     or
       ``(II) omits information described in subsection (b)(1)(A) 
     that is reasonably available.

       ``(B) Annual report violations.--A provider shall be liable 
     to the United States Government for a civil penalty in an 
     amount of not less than $100,000 and not more than $1,000,000 
     if the provider knowingly--
       ``(i) fails to submit an annual report as required under 
     subsection (i); or
       ``(ii) submits an annual report under subsection (i) that--

       ``(I) contains a materially false, fraudulent, or 
     misleading statement; or
       ``(II) omits information described in subsection (i)(1) 
     that is reasonably available.

       ``(C) Harm to individuals.--The amount of a civil penalty 
     under subparagraph (A) or (B) shall be tripled if an 
     individual is harmed as a direct and proximate result of the 
     applicable violation.
       ``(D) Costs of civil actions.--A provider that commits a 
     violation described in subparagraph (A) or (B) shall be 
     liable to the United States Government for the costs of a 
     civil action brought to recover a civil penalty under that 
     subparagraph.
       ``(E) Enforcement.--This paragraph shall be enforced in 
     accordance with sections 3731, 3732, and 3733 of title 31, 
     except that a civil action to recover a civil penalty under 
     subparagraph (A) or (B) of this paragraph may only be brought 
     by the United States Government.
       ``(3) Deposit of fines and penalties.--Notwithstanding any 
     other provision of law, any criminal fine or civil penalty 
     collected under this subsection shall be deposited into the 
     Child Pornography Victims Reserve as provided in section 
     2259B.'';
       (D) in subsection (f), by striking paragraph (3) and 
     inserting the following:
       ``(3) affirmatively search, screen, or scan for--
       ``(A) facts or circumstances described in subsection 
     (a)(2);
       ``(B) information described in subsection (b)(2); or
       ``(C) any apparent child pornography.'';
       (E) in subsection (g)--
       (i) in paragraph (2)(A)--

       (I) in clause (iii), by inserting ``or personnel at a 
     children's advocacy center'' after ``State)''; and
       (II) in clause (iv), by striking ``State or subdivision of 
     a State'' and inserting ``State, subdivision of a State, or 
     children's advocacy center'';

       (ii) in paragraph (3), in the matter preceding subparagraph 
     (A), by inserting ``paragraph (1) or (3) of'' before 
     ``subsection (a)''; and
       (iii) in paragraph (4), by striking ``subsection (a)(1)'' 
     and inserting ``paragraph (1) or (3) of subsection (a)'';
       (F) in subsection (h)--
       (i) in paragraph (1), by striking ``subsection (a)(1)'' and 
     inserting ``paragraph (1) or (3) of subsection (a)''; and
       (ii) by adding at the end the following:
       ``(5) Relation to reporting requirement.--Submission of a 
     report as described in paragraph (1) or (3) of subsection (a) 
     does

[[Page S2531]]

     not satisfy the obligations under this subsection.''; and
       (G) by adding at the end the following:
       ``(i) Annual Report.--
       ``(1) In general.--Not later than March 31 of the second 
     year beginning after the date of enactment of the STOP CSAM 
     Act of 2024, and of each year thereafter, a provider that had 
     more than 1,000,000 unique monthly visitors or users during 
     each month of the preceding year and accrued revenue of more 
     than $50,000,000 during the preceding year shall submit to 
     the Attorney General and the Chair of the Federal Trade 
     Commission a report, disaggregated by subsidiary, that 
     provides the following information for the preceding year to 
     the extent such information is applicable and reasonably 
     available:
       ``(A) Cybertipline data.--
       ``(i) The total number of reports that the provider 
     submitted under paragraph (1) or (3) of subsection (a).
       ``(ii) Which items of information described in subsection 
     (b)(2) are routinely included in the reports submitted by the 
     provider under paragraph (1) or (3) of subsection (a).
       ``(B) Report and remove data.--With respect to section 506 
     of the STOP CSAM Act of 2024--
       ``(i) a description of the provider's designated reporting 
     system;
       ``(ii) the number of complete notifications received;
       ``(iii) the number of proscribed visual depictions 
     involving a minor that were removed; and
       ``(iv) the total amount of any fine ordered and paid.
       ``(C) Other reporting to the provider.--
       ``(i) The measures the provider has in place to receive 
     other reports concerning child sexual exploitation and abuse 
     using the provider's product or on the provider's service.
       ``(ii) The average time for responding to reports described 
     in clause (i).
       ``(iii) The number of reports described in clause (i) that 
     the provider received.
       ``(iv) A summary description of the actions taken upon 
     receipt of the reports described in clause (i).
       ``(D) Policies.--
       ``(i) A description of the policies of the provider with 
     respect to the commission of child sexual exploitation and 
     abuse using the provider's product or on the provider's 
     service, including how child sexual exploitation and abuse is 
     defined.
       ``(ii) A description of possible consequences for 
     violations of the policies described in clause (i).
       ``(iii) The methods of informing users of the policies 
     described in clause (i).
       ``(iv) The process for adjudicating potential violations of 
     the policies described in clause (i).
       ``(E) Culture of safety.--
       ``(i) The measures and technologies that the provider 
     deploys to protect children from sexual exploitation and 
     abuse using the provider's product or service.
       ``(ii) The measures and technologies that the provider 
     deploys to prevent the use of the provider's product or 
     service by individuals seeking to commit child sexual 
     exploitation and abuse.
       ``(iii) Factors that interfere with the provider's ability 
     to detect or evaluate instances of child sexual exploitation 
     and abuse.
       ``(iv) An assessment of the efficacy of the measures and 
     technologies described in clauses (i) and (ii) and the impact 
     of the factors described in clause (iii).
       ``(F) Safety by design.--The measures that the provider 
     takes before launching a new product or service to assess--
       ``(i) the safety risks for children with respect to sexual 
     exploitation and abuse; and
       ``(ii) whether and how individuals could use the new 
     product or service to commit child sexual exploitation and 
     abuse.
       ``(G) Trends and patterns.--Any information concerning 
     emerging trends and changing patterns with respect to the 
     commission of online child sexual exploitation and abuse.
       ``(2) Avoiding duplication.--Notwithstanding the 
     requirement under the matter preceding paragraph (1) that 
     information be submitted annually, in the case of any report 
     submitted under that paragraph after the initial report, a 
     provider shall submit information described in subparagraphs 
     (D) through (G) of that paragraph not less frequently than 
     once every 3 years or when new information is available, 
     whichever is more frequent.
       ``(3) Limitation.--Nothing in paragraph (1) shall require 
     the disclosure of trade secrets or other proprietary 
     information.
       ``(4) Publication.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Attorney General and the Chair of the Federal Trade 
     Commission shall publish the reports received under this 
     subsection.
       ``(B) Redaction.--
       ``(i) In general.--The Attorney General and Chair of the 
     Federal Trade Commission shall redact from a report published 
     under subparagraph (A) any information as necessary to 
     avoid--

       ``(I) undermining the efficacy of a safety measure 
     described in the report; or
       ``(II) revealing how a product or service of a provider may 
     be used to commit online child sexual exploitation and abuse.

       ``(ii) Additional redaction.--

       ``(I) Request.--In addition to information redacted under 
     clause (i), a provider may request the redaction, from a 
     report published under subparagraph (A), of any information 
     that is law enforcement sensitive or otherwise not suitable 
     for public distribution.
       ``(II) Agency discretion.--The Attorney General and Chair 
     of the Federal Trade Commission--

       ``(aa) shall consider a request made under subclause (I); 
     and
       ``(bb) may, in their discretion, redact from a report 
     published under subparagraph (A) any information that is law 
     enforcement sensitive or otherwise not suitable for public 
     distribution, whether or not requested.'';
       (2) in section 2258B--
       (A) in subsection (a)--
       (i) by striking ``may not be brought in any Federal or 
     State court''; and
       (ii) by striking ``Except as provided in subsection (b), a 
     civil claim or criminal charge'' and inserting the following:
       ``(1) Limited liability.--Except as provided in subsection 
     (b), a civil claim or criminal charge described in paragraph 
     (2) may not be brought in any Federal or State court.
       ``(2) Covered claims and charges.--A civil claim or 
     criminal charge referred to in paragraph (1) is a civil claim 
     or criminal charge''; and
       (B) in subsection (b)(1), by inserting ``or knowingly 
     failed to comply with a requirement under section 2258A'' 
     after ``misconduct'';
       (3) in section 2258C--
       (A) in subsection (a)(1), by inserting ``use of the 
     provider's products or services to commit'' after ``stop 
     the'';
       (B) in subsection (b)--
       (i) by striking ``Any provider'' and inserting the 
     following:
       ``(1) In general.--Any provider'';
       (ii) in paragraph (1), as so designated, by striking 
     ``receives'' and inserting ``, in its sole discretion, 
     obtains''; and
       (iii) by adding at the end the following:
       ``(2) Limitation on sharing with other entities.--A 
     provider that obtains elements under subsection (a)(1) may 
     not distribute those elements, or make those elements 
     available, to any other entity, except for the sole and 
     exclusive purpose of stopping the online sexual exploitation 
     of children.''; and
       (C) in subsection (c)--
       (i) by striking ``subsections'' and inserting 
     ``subsection'';
       (ii) by striking ``providers receiving'' and inserting ``a 
     provider to obtain'';
       (iii) by inserting ``, or'' after ``NCMEC''; and
       (iv) by inserting ``use of the provider's products or 
     services to commit'' after ``stop the'';
       (4) in section 2258E--
       (A) in paragraph (6), by striking ``electronic 
     communication service provider'' and inserting ``electronic 
     communication service'';
       (B) in paragraph (7), by striking ``and'' at the end;
       (C) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(9) the term `publicly available', with respect to a 
     visual depiction on a provider's service, means the visual 
     depiction can be viewed by or is accessible to all users of 
     the service, regardless of the steps, if any, a user must 
     take to create an account or to gain access to the service in 
     order to access or view the visual depiction.'';
       (5) in section 2259B(a), by inserting ``, any fine or 
     penalty collected under section 2258A(e) or subparagraph (A) 
     of section 506(g)(24) of the STOP CSAM Act of 2024 (except as 
     provided in clauses (i) and (ii)(I) of subparagraph (B) of 
     such section 506(g)(24)),'' after ``2259A''; and
       (6) by adding at the end the following:

     ``Sec. 2260B. Liability for certain child exploitation 
       offenses

       ``(a) Offense.--It shall be unlawful for a provider of an 
     interactive computer service, as that term is defined in 
     section 230 of the Communications Act of 1934 (47 U.S.C. 
     230), that operates through the use of any facility or means 
     of interstate or foreign commerce or in or affecting 
     interstate or foreign commerce, through such service to 
     knowingly--
       ``(1) host or store child pornography or make child 
     pornography available to any person; or
       ``(2) otherwise knowingly promote or facilitate a violation 
     of section 2251, 2251A, 2252, 2252A, or 2422(b).
       ``(b) Penalty.--A provider of an interactive computer 
     service that violates subsection (a)--
       ``(1) subject to paragraph (2), shall be fined not more 
     than $1,000,000; and
       ``(2) if the offense involves a conscious or reckless risk 
     of serious personal injury or an individual is harmed as a 
     direct and proximate result of the violation, shall be fined 
     not more than $5,000,000.
       ``(c) Rules of Construction.--
       ``(1) Applicability to legal process.--Nothing in this 
     section shall be construed to apply to any action by a 
     provider of an interactive computer service that is necessary 
     to comply with a valid court order, subpoena, search warrant, 
     statutory obligation, or preservation request from law 
     enforcement.
       ``(2) Knowledge with respect to each item required.--For 
     purposes of subsection (a)(1), the term `knowingly' shall be 
     construed to mean knowledge of each item of child pornography 
     that the provider hosted, stored, or made available.
       ``(d) Defense.--In a prosecution under subsection (a)(1), 
     it shall be a defense, which the provider must establish by a 
     preponderance of the evidence, that--
       ``(1) the provider disabled access to or removed the child 
     pornography as soon as possible, and in any event not later 
     than 48

[[Page S2532]]

     hours after obtaining knowledge that the child pornography 
     was being hosted, stored, or made available by the provider 
     (or, in the case of a provider that, for the most recent 
     calendar year, averaged fewer than 10,000,000 active users on 
     a monthly basis in the United States, as soon as possible, 
     and in any event not later than 2 business days after 
     obtaining such knowledge); or
       ``(2) the provider--
       ``(A) exercised its best effort to disable access to or 
     remove the child pornography but was unable to do so for 
     reasons outside the provider's control; and
       ``(B) determined it is technologically impossible for the 
     provider to disable access to or remove the child 
     pornography.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     110 of title 18, United States Code, is amended by adding at 
     the end the following:

``2260B. Liability for certain child exploitation offenses.''.

     SEC. 505. EXPANDING CIVIL REMEDIES FOR VICTIMS OF ONLINE 
                   CHILD SEXUAL EXPLOITATION.

       Section 2255 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``a violation of section 1589, 1590, 1591, 
     2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 
     2422, or 2423 of this title'' and inserting ``a child 
     exploitation violation or conduct relating to child 
     exploitation'';
       (B) by inserting ``or conduct'' after ``as a result of such 
     violation''; and
       (C) by striking ``sue in any'' and inserting ``bring a 
     civil action in the''; and
       (2) by adding at the end the following:
       ``(d) Definitions.--In this section--
       ``(1) the term `child exploitation violation' means a 
     violation of section 1589, 1590, 1591, 1594(a) (involving a 
     violation of section 1589, 1590, or 1591), 1594(b) (involving 
     a violation of section 1589 or 1590), 1594(c), 2241, 2242, 
     2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of 
     this title;
       ``(2) the term `conduct relating to child exploitation' 
     means--
       ``(A) with respect to a provider of an interactive computer 
     service or a software distribution service operating through 
     the use of any means or facility of interstate or foreign 
     commerce, or in or affecting interstate or foreign commerce, 
     the intentional, knowing, or reckless promotion or 
     facilitation of a violation of section 1591, 1594(c), 2251, 
     2251A, 2252, 2252A, or 2422(b) of this title; and
       ``(B) with respect to a provider of an interactive computer 
     service operating through the use of any means or facility of 
     interstate or foreign commerce, or in or affecting interstate 
     or foreign commerce, the intentional, knowing, or reckless 
     hosting or storing of child pornography or making child 
     pornography available to any person;
       ``(3) the term `interactive computer service' has the 
     meaning given that term in section 230(f) of the 
     Communications Act of 1934 (47 U.S.C. 230(f)); and
       ``(4) the term `software distribution service' means an 
     online service, whether or not operated for pecuniary gain, 
     from which individuals can purchase, obtain, or download 
     software that--
       ``(A) can be used by an individual to communicate with 
     another individual, by any means, to store, access, 
     distribute, or receive any visual depiction, or to transmit 
     any live visual depiction; and
       ``(B) was not developed by the online service.
       ``(e) Relation to Section 230 of the Communications Act of 
     1934.--Nothing in section 230 of the Communications Act of 
     1934 (47 U.S.C. 230) shall be construed to impair or limit 
     any claim brought under this section for conduct relating to 
     child exploitation.
       ``(f) Rules of Construction.--
       ``(1) Applicability to legal process.--Nothing in this 
     section shall be construed to apply to any action by a 
     provider of an interactive computer service that is necessary 
     to comply with a valid court order, subpoena, search warrant, 
     statutory obligation, or preservation request from law 
     enforcement.
       ``(2) Knowledge with respect to each item required.--For 
     purposes of conduct relating to child exploitation described 
     in subsection (d)(2)(B), the term `knowing' shall be 
     construed to mean knowledge of each item of child pornography 
     that the provider hosted, stored, or made available.
       ``(g) Encryption Technologies.--
       ``(1) In general.--Notwithstanding subsection (a), none of 
     the following actions or circumstances shall serve as an 
     independent basis for liability of a provider of an 
     interactive computer service for conduct relating to child 
     exploitation:
       ``(A) The provider utilizes full end-to-end encrypted 
     messaging services, device encryption, or other encryption 
     services.
       ``(B) The provider does not possess the information 
     necessary to decrypt a communication.
       ``(C) The provider fails to take an action that would 
     otherwise undermine the ability of the provider to offer full 
     end-to-end encrypted messaging services, device encryption, 
     or other encryption services.
       ``(2) Consideration of evidence.--Nothing in paragraph (1) 
     shall be construed to prohibit a court from considering 
     evidence of actions or circumstances described in that 
     paragraph if the evidence is otherwise admissible.
       ``(h) Defense.--In a claim under subsection (a) involving 
     knowing conduct relating to child exploitation described in 
     subsection (d)(2)(B), it shall be a defense, which the 
     provider must establish by a preponderance of the evidence, 
     that--
       ``(1) the provider disabled access to or removed the child 
     pornography as soon as possible, and in any event not later 
     than 48 hours after obtaining knowledge that the child 
     pornography was being hosted, stored, or made available by 
     the provider (or, in the case of a provider that, for the 
     most recent calendar year, averaged fewer than 10,000,000 
     active users on a monthly basis in the United States, as soon 
     as possible, and in any event not later than 2 business days 
     after obtaining such knowledge); or
       ``(2) the provider--
       ``(A) exercised its best effort to disable access to or 
     remove the child pornography but was unable to do so for 
     reasons outside the provider's control; and
       ``(B) determined it is technologically impossible for the 
     provider to disable access to or remove the child 
     pornography.''.

     SEC. 506. REPORTING AND REMOVAL OF PROSCRIBED VISUAL 
                   DEPICTIONS RELATING TO CHILDREN; ESTABLISHMENT 
                   OF CHILD ONLINE PROTECTION BOARD.

       (a) Findings.--Congress finds the following:
       (1) Over 40 years ago, the Supreme Court of the United 
     States ruled in New York v. Ferber, 458 U.S. 747 (1982), that 
     child sexual abuse material (referred to in this subsection 
     as ``CSAM'') is a ``category of material outside the 
     protections of the First Amendment''. The Court emphasized 
     that children depicted in CSAM are harmed twice: first 
     through the abuse and exploitation inherent in the creation 
     of the materials, and then through the continued circulation 
     of the imagery, which inflicts its own emotional and 
     psychological injury.
       (2) The Supreme Court reiterated this point 9 years ago in 
     Paroline v. United States, 572 U.S. 434 (2014), when it 
     explained that CSAM victims suffer ``continuing and grievous 
     harm as a result of [their] knowledge that a large, 
     indeterminate number of individuals have viewed and will in 
     the future view images of the sexual abuse [they] endured''.
       (3) In these decisions, the Supreme Court noted that the 
     distribution of CSAM invades the privacy interests of the 
     victims.
       (4) The co-mingling online of CSAM with other, non-explicit 
     depictions of the victims links the victim's identity with 
     the images of their abuse. This further invades a victim's 
     privacy and disrupts their sense of security, thwarting what 
     the Supreme Court has described as ``the individual interest 
     in avoiding disclosure of personal matters''.
       (5) The internet is awash with child sexual abuse material. 
     In 2021, the CyberTipline, operated by the National Center 
     for Missing & Exploited Children to combat online child 
     sexual exploitation, received reports about 39,900,000 images 
     and 44,800,000 videos depicting child sexual abuse.
       (6) Since 2017, Project Arachnid, operated by the Canadian 
     Centre for Child Protection, has sent over 26,000,000 notices 
     to online providers about CSAM and other exploitive material 
     found on their platforms. According to the Canadian Centre, 
     some providers are slow to remove the material, or take it 
     down only for it to be reposted again a short time later.
       (7) This legislation is needed to create an easy-to-use and 
     effective procedure to get CSAM and harmful related imagery 
     quickly taken offline and kept offline to protect children, 
     stop the spread of illegal and harmful content, and thwart 
     the continued invasion of the victims' privacy.
       (b) Implementation.--
       (1) Implementation.--Except as provided in paragraph (2), 
     not later than 1 year after the date of enactment of this 
     Act, the Child Online Protection Board established under 
     subsection (d), shall begin operations, at which point 
     providers shall begin receiving notifications as set forth in 
     subsection (c)(2).
       (2) Extension.--The Commission may extend the deadline 
     under paragraph (1) by not more than 180 days if the 
     Commission provides notice of the extension to the public and 
     to Congress.
       (3) Public notice.--The Commission shall provide notice to 
     the public of the date that the Child Online Protection Board 
     established under subsection (d) is scheduled to begin 
     operations on--
       (A) the date that is 60 days before such date that the 
     Board is scheduled to begin operations; and
       (B) the date that is 30 days before such date that the 
     Board is scheduled to begin operations.
       (c) Reporting and Removal of Proscribed Visual Depictions 
     Relating to Children.--
       (1) In general.--If a provider receives a complete 
     notification as set forth in paragraph (2)(A) that the 
     provider is hosting a proscribed visual depiction relating to 
     a child, as soon as possible, but in any event not later than 
     48 hours after such notification is received by the provider 
     (or, in the case of a small provider, not later than 2 
     business days after such notification is received by the 
     small provider), the provider shall--
       (A)(i) remove the proscribed visual depiction relating to a 
     child; and
       (ii) notify the complainant that it has done so; or
       (B) notify the complainant that the provider--
       (i) has determined that visual depiction referenced in the 
     notification does not constitute a proscribed visual 
     depiction relating to a child;

[[Page S2533]]

       (ii) is unable to remove the proscribed visual depiction 
     relating to a child using reasonable means; or
       (iii) has determined that the notification is duplicative 
     under paragraph (2)(C)(i).
       (2) Notification requirements.--
       (A) In general.--To be complete under this subsection, a 
     notification must be a written communication to the 
     designated reporting system of the provider (or, if the 
     provider does not have a designated reporting system, a 
     written communication that is served on the provider in 
     accordance with subparagraph (F)) that includes the 
     following:
       (i) An identification of, and information reasonably 
     sufficient to permit the provider to locate, the alleged 
     proscribed visual depiction relating to a child. Such 
     information may include, at the option of the complainant, a 
     copy of the alleged proscribed visual depiction relating to a 
     child or the uniform resource locator where such alleged 
     proscribed visual depiction is located.
       (ii) The complainant's name and contact information, to 
     include a mailing address, telephone number, and an 
     electronic mail address, except that, if the complainant is 
     the victim depicted in the alleged proscribed visual 
     depiction relating to a child, the complainant may elect to 
     use an alias, including for purposes of the signed statement 
     described in clause (v), and omit a mailing address.
       (iii) If applicable, a statement indicating that the 
     complainant has previously notified the provider about the 
     alleged proscribed visual depiction relating to a child which 
     may, at the option of the complainant, include a copy of the 
     previous notification.
       (iv) A statement indicating that the complainant has a good 
     faith belief that the information in the notification is 
     accurate.
       (v) A signed statement under penalty of perjury indicating 
     that the notification is submitted by--

       (I) the victim depicted in the alleged proscribed visual 
     depiction relating to a child;
       (II) an authorized representative of the victim depicted in 
     the alleged proscribed visual depiction relating to a child; 
     or
       (III) a qualified organization.

       (B) Inclusion of multiple visual depictions in same 
     notification.--A notification may contain information about 
     more than one alleged proscribed visual depiction relating to 
     a child, but shall only be effective with respect to each 
     alleged proscribed visual depiction relating to a child 
     included in the notification to the extent that the 
     notification includes sufficient information to identify and 
     locate such visual depiction.
       (C) Limitation on duplicative notifications.--
       (i) In general.--After a complainant has submitted a 
     notification to a provider, the complainant may submit 
     additional notifications at any time only if the subsequent 
     notifications involve--

       (I) a different alleged proscribed visual depiction 
     relating to a minor;
       (II) the same alleged proscribed visual depiction relating 
     to a minor that is in a different location; or
       (III) recidivist hosting.

       (ii) No obligation.--A provider who receives any additional 
     notifications that do not comply with clause (i) shall not be 
     required to take any additional action except--

       (I) as may be required with respect to the original 
     notification; and
       (II) to notify the complainant as provided in paragraph 
     (1)(B)(iii).

       (D) Incomplete or misdirected notification.--
       (i) Requirement to contact complainant regarding 
     insufficient information.--

       (I) Requirement to contact complainant.--If a notification 
     that is submitted to a provider under this subsection does 
     not contain sufficient information under subparagraph (A)(i) 
     to identify or locate the visual depiction that is the 
     subject of the notification but does contain the complainant 
     contact information described in subparagraph (A)(ii), the 
     provider shall, not later than 48 hours after receiving the 
     notification (or, in the case of a small provider, not later 
     than 2 business days after such notification is received by 
     the small provider), contact the complainant via electronic 
     mail address to obtain such information.
       (II) Effect of complainant providing sufficient 
     information.--If the provider is able to contact the 
     complainant and obtain sufficient information to identify or 
     locate the visual depiction that is the subject of the 
     notification, the provider shall then proceed as set forth in 
     paragraph (1), except that the applicable timeframes 
     described in such paragraph shall commence on the day the 
     provider receives the information needed to identify or 
     locate the visual depiction.
       (III) Effect of complainant inability to provide sufficient 
     information.--If the provider is able to contact the 
     complainant but does not obtain sufficient information to 
     identify or locate the visual depiction that is the subject 
     of the notification, the provider shall so notify the 
     complainant not later than 48 hours after the provider 
     determines that it is unable to identify or locate the visual 
     depiction (or, in the case of a small provider, not later 
     than 2 business days after the small provider makes such 
     determination), after which no further action by the provider 
     is required and receipt of the notification shall not be 
     considered in determining whether the provider has actual 
     knowledge of any information described in the notification.
       (IV) Effect of complainant failure to respond.--If the 
     complainant does not respond to the provider's attempt to 
     contact the complainant under this clause within 14 days of 
     such attempt, no further action by the provider is required 
     and receipt of the notification shall not be considered in 
     determining whether the provider has actual knowledge of any 
     information described in the notification.

       (ii) Treatment of incomplete notification where complainant 
     cannot be contacted.--If a notification that is submitted to 
     a provider under this subsection does not contain sufficient 
     information under subparagraph (A)(i) to identify or locate 
     the visual depiction that is the subject of the notification 
     and does not contain the complainant contact information 
     described in subparagraph (A)(ii) (or if the provider is 
     unable to contact the complainant using such information), no 
     further action by the provider is required and receipt of the 
     notification shall not be considered in determining whether 
     the provider has actual knowledge of any information 
     described in the notification.
       (iii) Treatment of notification not submitted to designated 
     reporting system.--If a provider has a designated reporting 
     system, and a complainant submits a notification under this 
     subsection to the provider without using such system, the 
     provider shall not be considered to have received the 
     notification.
       (E) Option to contact complainant regarding the proscribed 
     visual depiction involving a minor.--
       (i) Contact with complainant.--If the provider believes 
     that the proscribed visual depiction involving a minor 
     referenced in the notification does not meet the definition 
     of such term as provided in subsection (r)(10), the provider 
     may, not later than 48 hours after receiving the notification 
     (or, in the case of a small provider, not later than 2 
     business days after such notification is received by the 
     small provider), contact the complainant via electronic mail 
     address to so indicate.
       (ii) Failure to respond.--If the complainant does not 
     respond to the provider within 14 days after receiving the 
     notification, no further action by the provider is required 
     and receipt of the notification shall not be considered in 
     determining whether the provider has actual knowledge of any 
     information described in the notification.
       (iii) Complainant response.--If the complainant responds to 
     the provider within 14 days after receiving the notification, 
     the provider shall then proceed as set forth in paragraph 
     (1), except that the applicable timeframes described in such 
     paragraph shall commence on the day the provider receives the 
     complainant's response.
       (F) Service of notification where provider has no 
     designated reporting system; process where complainant cannot 
     serve provider.--
       (i) No designated reporting system.--If a provider does not 
     have a designated reporting system, a complainant may serve 
     the provider with a notification under this subsection to the 
     provider in the same manner that petitions are required to be 
     served under subsection (g)(4).
       (ii) Complainant cannot serve provider.--If a provider does 
     not have a designated reporting system and a complainant 
     cannot reasonably serve the provider with a notification as 
     described in clause (i), the complainant may bring a petition 
     under subsection (g)(1) without serving the provider with the 
     notification.
       (G) Recidivist hosting.--If a provider engages in 
     recidivist hosting of a proscribed visual depiction relating 
     to a child, in addition to any action taken under this 
     section, a complainant may submit a report concerning such 
     recidivist hosting to the CyberTipline operated by the 
     National Center for Missing and Exploited Children, or any 
     successor to the CyberTipline operated by the National Center 
     for Missing and Exploited Children.
       (H) Preservation.--A provider that receives a complete 
     notification under this subsection shall preserve the 
     information in such notification in accordance with the 
     requirements of sections 2713 and 2258A(h) of title 18, 
     United States Code. For purposes of this subparagraph, the 
     period for which providers shall be required to preserve 
     information in accordance with such section 2258A(h) may be 
     extended in 90-day increments on written request by the 
     complainant or order of the Board.
       (I) Non-disclosure.--Except as otherwise provided in 
     subsection (g)(19)(C), for 120 days following receipt of a 
     notification under this subsection, a provider may not 
     disclose the existence of the notification to any person or 
     entity except to an attorney for purposes of obtaining legal 
     advice, the Board, the Commission, a law enforcement agency 
     described in subparagraph (A), (B), or (C) of section 
     2258A(g)(3) of title 18, United States Code, the National 
     Center for Missing and Exploited Children, or as necessary to 
     respond to legal process. Nothing in the preceding sentence 
     shall be construed to infringe on the provider's ability to 
     communicate general information about terms of service 
     violations.
       (d) Establishment of Child Online Protection Board.--
       (1) In general.--There is established in the Federal Trade 
     Commission a Child Online Protection Board, which shall 
     administer and enforce the requirements of subsection (e) in 
     accordance with this section.

[[Page S2534]]

       (2) Officers and staff.--The Board shall be composed of 3 
     full-time Child Online Protection Officers who shall be 
     appointed by the Commission in accordance with paragraph 
     (5)(A). A vacancy on the Board shall not impair the right of 
     the remaining Child Online Protection Officers to exercise 
     the functions and duties of the Board.
       (3) Child online protection attorneys.--Not fewer than 2 
     full-time Child Online Protection Attorneys shall be hired to 
     assist in the administration of the Board.
       (4) Technological adviser.--One or more technological 
     advisers may be hired to assist with the handling of digital 
     evidence and consult with the Child Online Protection 
     Officers on matters concerning digital evidence and 
     technological issues.
       (5) Qualifications.--
       (A) Officers.--
       (i) In general.--Each Child Online Protection Officer shall 
     be an attorney duly licensed in at least 1 United States 
     jurisdiction who has not fewer than 7 years of legal 
     experience concerning child sexual abuse material and 
     technology-facilitated crimes against children.
       (ii) Experience.--Two of the Child Online Protection 
     Officers shall have substantial experience in the evaluation, 
     litigation, or adjudication of matters relating to child 
     sexual abuse material or technology-facilitated crimes 
     against children.
       (B) Attorneys.--Each Child Online Protection Attorney shall 
     be an attorney duly licensed in at least 1 United States 
     jurisdiction who has not fewer than 3 years of substantial 
     legal experience concerning child sexual abuse material and 
     technology-facilitated crimes against children.
       (C) Technological adviser.--A technological adviser shall 
     have at least one year of specialized experience with digital 
     forensic analysis.
       (6) Compensation.--
       (A) Child online protection officers.--
       (i) Definition.--In this subparagraph, the term ``senior 
     level employee of the Federal Government'' means an employee, 
     other than an employee in the Senior Executive Service, the 
     position of whom is classified above GS-15 of the General 
     Schedule.
       (ii) Pay range.--Each Child Online Protection Officer shall 
     be compensated at a rate of pay that is not less than the 
     minimum, and not more than the maximum, rate of pay payable 
     for senior level employees of the Federal Government, 
     including locality pay, as applicable.
       (B) Child online protection attorneys.--Each Child Online 
     Protection Attorney shall be compensated at a rate of pay 
     that is not more than the maximum rate of pay payable for 
     level 10 of GS-15 of the General Schedule, including locality 
     pay, as applicable.
       (C) Technological adviser.--A technological adviser of the 
     Board shall be compensated at a rate of pay that is not more 
     than the maximum rate of pay payable for level 10 of GS-14 of 
     the General Schedule, including locality pay, as applicable.
       (7) Vacancy.--If a vacancy occurs in the position of Child 
     Online Protection Officer, the Commission shall act 
     expeditiously to appoint an Officer for that position.
       (8) Sanction or removal.--Subject to subsection (e)(2), the 
     Chair of the Commission or the Commission may sanction or 
     remove a Child Online Protection Officer.
       (9) Administrative support.--The Commission shall provide 
     the Child Online Protection Officers and Child Online 
     Protection Attorneys with necessary administrative support, 
     including technological facilities, to carry out the duties 
     of the Officers and Attorneys under this section. The 
     Department of Justice may provide equipment and guidance on 
     the storage and handling of proscribed visual depictions 
     relating to children.
       (10) Location of board.--The offices and facilities of the 
     Child Online Protection Officers and Child Online Protection 
     Attorneys shall be located at the headquarters or other 
     office of the Commission.
       (e) Authority and Duties of the Board.--
       (1) Functions.--
       (A) Officers.--Subject to the provisions of this section 
     and applicable regulations, the functions of the Officers of 
     the Board shall be as follows:
       (i) To render determinations on petitions that may be 
     brought before the Officers under this section.
       (ii) To ensure that petitions and responses are properly 
     asserted and otherwise appropriate for resolution by the 
     Board.
       (iii) To manage the proceedings before the Officers and 
     render determinations pertaining to the consideration of 
     petitions and responses, including with respect to 
     scheduling, discovery, evidentiary, and other matters.
       (iv) To request, from participants and nonparticipants in a 
     proceeding, the production of information and documents 
     relevant to the resolution of a petition or response.
       (v) To conduct hearings and conferences.
       (vi) To facilitate the settlement by the parties of 
     petitions and responses.
       (vii) To impose fines as set forth in subsection (g)(24).
       (viii) To provide information to the public concerning the 
     procedures and requirements of the Board.
       (ix) To maintain records of the proceedings before the 
     Officers, certify official records of such proceedings as 
     needed, and, as provided in subsection (g)(19)(A), make the 
     records in such proceedings available to the public.
       (x) To carry out such other duties as are set forth in this 
     section.
       (xi) When not engaged in performing the duties of the 
     Officers set forth in this section, to perform such other 
     duties as may be assigned by the Chair of the Commission or 
     the Commission.
       (B) Attorneys.--Subject to the provisions of this section 
     and applicable regulations, the functions of the Attorneys of 
     the Board shall be as follows:
       (i) To provide assistance to the Officers of the Board in 
     the administration of the duties of those Officers under this 
     section.
       (ii) To provide assistance to complainants, providers, and 
     members of the public with respect to the procedures and 
     requirements of the Board.
       (iii) When not engaged in performing the duties of the 
     Attorneys set forth in this section, to perform such other 
     duties as may be assigned by the Commission.
       (C) Designated service agents.--The Board may maintain a 
     publicly available directory of service agents designated to 
     receive service of petitions filed with the Board.
       (2) Independence in determinations.--
       (A) In general.--The Board shall render the determinations 
     of the Board in individual proceedings independently on the 
     basis of the records in the proceedings before it and in 
     accordance with the provisions of this section, judicial 
     precedent, and applicable regulations of the Commission.
       (B) Performance appraisals.--Notwithstanding any other 
     provision of law or any regulation or policy of the 
     Commission, any performance appraisal of an Officer or 
     Attorney of the Board may not consider the substantive result 
     of any individual determination reached by the Board as a 
     basis for appraisal except to the extent that result may 
     relate to any actual or alleged violation of an ethical 
     standard of conduct.
       (3) Direction by commission.--Subject to paragraph (2), the 
     Officers and Attorneys shall, in the administration of their 
     duties, be under the supervision of the Chair of the 
     Commission.
       (4) Inconsistent duties barred.--An Officer or Attorney of 
     the Board may not undertake any duty that conflicts with the 
     duties of the Officer or Attorney in connection with the 
     Board, to include the obligation to render impartial 
     determinations on petitions considered by the Board under 
     this section.
       (5) Recusal.--An Officer or Attorney of the Board shall 
     recuse himself or herself from participation in any 
     proceeding with respect to which the Officer or Attorney, as 
     the case may be, has reason to believe that he or she has a 
     conflict of interest.
       (6) Ex parte communications.--Except as may otherwise be 
     permitted by applicable law, any party or interested owner 
     involved in a proceeding before the Board shall refrain from 
     ex parte communications with the Officers of the Board and 
     the Commission relevant to the merits of such proceeding 
     before the Board.
       (7) Judicial review.--Actions of the Officers and the 
     Commission under this section in connection with the 
     rendering of any determination are subject to judicial review 
     as provided under subsection (g)(28).
       (f) Conduct of Proceedings of the Board.--
       (1) In general.--Proceedings of the Board shall be 
     conducted in accordance with this section and regulations 
     established by the Commission under this section, in addition 
     to relevant principles of law.
       (2) Record.--The Board shall maintain records documenting 
     the proceedings before the Board.
       (3) Centralized process.--Proceedings before the Board 
     shall--
       (A) be conducted at the offices of the Board without the 
     requirement of in-person appearances by parties or others;
       (B) take place by means of written submissions, hearings, 
     and conferences carried out through internet-based 
     applications and other telecommunications facilities, except 
     that, in cases in which physical or other nontestimonial 
     evidence material to a proceeding cannot be furnished to the 
     Board through available telecommunications facilities, the 
     Board may make alternative arrangements for the submission of 
     such evidence that do not prejudice any party or interested 
     owner; and
       (C) be conducted and concluded in an expeditious manner 
     without causing undue prejudice to any party or interested 
     owner.
       (4) Representation.--
       (A) In general.--A party or interested owner involved in a 
     proceeding before the Board may be, but is not required to 
     be, represented by--
       (i) an attorney; or
       (ii) a law student who is qualified under applicable law 
     governing representation by law students of parties in legal 
     proceedings and who provides such representation on a pro 
     bono basis.
       (B) Representation of victims.--
       (i) In general.--A petition involving a victim under the 
     age of 16 at the time the petition is filed shall be filed by 
     an authorized representative, qualified organization, or a 
     person described in subparagraph (A).
       (ii) No requirement for qualified organizations to have 
     contact with, or knowledge of, victim.--A qualified 
     organization may submit a notification to a provider or file 
     a petition on behalf of a victim without regard to whether 
     the qualified organization has contact with the victim or 
     knows the identity, location, or contact information of the 
     victim.

[[Page S2535]]

       (g) Procedures To Contest a Failure To Remove a Proscribed 
     Visual Depiction Relating to a Child or a Notification 
     Reporting a Proscribed Visual Depiction Relating to a 
     Child.--
       (1) Procedure to contest a failure to remove.--
       (A) Complainant petition.--A complainant may file a 
     petition to the Board claiming that, as applicable--
       (i) the complainant submitted a complete notification to a 
     provider concerning a proscribed visual depiction relating to 
     a child, and that--

       (I) the provider--

       (aa) did not remove the proscribed visual depiction 
     relating to a child within the timeframe required under 
     subsection (c)(1)(A)(i); or
       (bb) incorrectly claimed that--
       (AA) the visual depiction at issue could not be located or 
     removed through reasonable means;
       (BB) the notification was incomplete; or
       (CC) the notification was duplicative under subsection 
     (c)(2)(C)(i); and

       (II) did not file a timely petition to contest the 
     notification with the Board under paragraph (2); or

       (ii) a provider is hosting a proscribed visual depiction 
     relating to a child, does not have a designated reporting 
     system, and the complainant was unable to serve a 
     notification on the provider under this subsection despite 
     reasonable efforts.
       (B) Additional claim.--As applicable, a petition filed 
     under subparagraph (A) may also claim that the proscribed 
     visual depiction relating to a child at issue in the petition 
     involves recidivist hosting.
       (C) Timeframe.--
       (i) In general.--A petition under this paragraph shall be 
     considered timely if it is filed within 30 days of the 
     applicable start date, as defined under clause (ii).
       (ii) Applicable start date.--For purposes of clause (i), 
     the term ``applicable start date'' means--

       (I) in the case of a petition under subparagraph (A)(i) 
     claiming that the visual depiction was not removed or that 
     the provider made an incorrect claim relating to the visual 
     depiction or notification, the day that the provider's option 
     to file a petition has expired under paragraph (2)(B); and
       (II) in the case of a petition under subparagraph (A)(ii) 
     related to a notification that could not be served, the last 
     day of the 2-week period that begins on the day on which the 
     complainant first attempted to serve a notification on the 
     provider involved.

       (D) Identification of victim.--Any petition filed to the 
     Board by the victim or an authorized representative of the 
     victim shall include the victim's legal name. A petition 
     filed to the Board by a qualified organization may, but is 
     not required to, include the victim's legal name. Any 
     petition containing the victim's legal name shall be filed 
     under seal. The victim's legal name shall be redacted from 
     any documents served on the provider and interested owner or 
     made publicly available.
       (E) Failure to remove visual depictions in timely manner.--
     A complainant may file a petition under subparagraph (A)(i) 
     claiming that a visual depiction was not removed even if the 
     visual depiction was removed prior to the petition being 
     filed, so long as the petition claims that the visual 
     depiction was not removed within the timeframe specified in 
     subsection (c)(1).
       (2) Procedure to contest a notification.--
       (A) Provider petition.--If a provider receives a complete 
     notification as described in subsection (c)(2) through its 
     designated reporting system or in accordance with subsection 
     (c)(2)(F)(i), the provider may file a petition to the Board 
     claiming that the provider has a good faith belief that, as 
     applicable--
       (i) the visual depiction that is the subject of the 
     notification does not constitute a proscribed visual 
     depiction relating to a child;
       (ii) the notification is frivolous or was submitted with an 
     intent to harass the provider or any person;
       (iii) the alleged proscribed visual depiction relating to a 
     child cannot reasonably be located by the provider;
       (iv) for reasons beyond the control of the provider, the 
     provider cannot remove the proscribed visual depiction 
     relating to a child using reasonable means; or
       (v) the notification was duplicative under subsection 
     (c)(2)(C)(i).
       (B) Timeframe.--
       (i) In general.--Subject to clauses (ii) and (iii), a 
     petition contesting a notification under this paragraph shall 
     be considered timely if it is filed by a provider not later 
     than 14 days after the day on which the provider receives the 
     notification or the notification is made complete under 
     subsection (c)(2)(D)(i).
       (ii) No designated reporting system.--Subject to clause 
     (iii), if a provider does not have a designated reporting 
     system, a petition contesting a notification under this 
     paragraph shall be considered timely if it is filed by a 
     provider not later than 7 days after the day on which the 
     provider receives the notification or the notification is 
     made complete under subsection (c)(2)(D)(i).
       (iii) Small providers.--In the case of a small provider, 
     each of the timeframes applicable under clauses (i) and (ii) 
     shall be increased by 48 hours.
       (3) Commencement of proceeding.--
       (A) In general.--In order to commence a proceeding under 
     this section, a petitioning party shall, subject to such 
     additional requirements as may be prescribed in regulations 
     established by the Commission, file a petition with the 
     Board, that includes a statement of claims and material facts 
     in support of each claim in the petition. A petition may set 
     forth more than one claim. A petition shall also include 
     information establishing that it has been filed within the 
     applicable timeframe.
       (B) Review of petitions by child online protection 
     attorneys.--Child Online Protection Attorneys may review 
     petitions to assess whether they are complete. The Board may 
     permit a petitioning party to refile a defective petition. 
     The Attorney may assist the petitioning party in making any 
     corrections.
       (C) Dismissal.--The Board may dismiss, with or without 
     prejudice, any petition that fails to comply with 
     subparagraph (A).
       (4) Service of process requirements for petitions.--
       (A) In general.--For purposes of petitions under paragraphs 
     (1) and (2), the petitioning party shall, at or before the 
     time of filing a petition, serve a copy on the other party. A 
     corporation, partnership, or unincorporated association that 
     is subject to suit in courts of general jurisdiction under a 
     common name shall be served by delivering a copy of the 
     petition to its service agent, if one has been so designated.
       (B) Manner of service.--
       (i) Service by nondigital means.--Service by nondigital 
     means may be any of the following:

       (I) Personal, including delivery to a responsible person at 
     the office of counsel.
       (II) By priority mail.
       (III) By third-party commercial carrier for delivery within 
     3 days.

       (ii) Service by digital means.--Service of a paper may be 
     made by sending it by any digital means, including through a 
     provider's designated reporting system.
       (iii) When service is completed.--Service by mail or by 
     commercial carrier is complete 3 days after the mailing or 
     delivery to the carrier. Service by digital means is complete 
     on filing or sending, unless the party making service is 
     notified that the paper was not received by the party served.
       (C) Proof of service.--A petition filed under paragraph (1) 
     or (2) shall contain--
       (i) an acknowledgment of service by the person served;
       (ii) proof of service consisting of a statement by the 
     person who made service certifying--

       (I) the date and manner of service;
       (II) the names of the persons served; and
       (III) their mail or electronic addresses, facsimile 
     numbers, or the addresses of the places of delivery, as 
     appropriate for the manner of service; or

       (iii) a statement indicating that service could not 
     reasonably be completed.
       (D) Attorney fees and costs.--Except as otherwise provided 
     in this subsection, all parties to a petition shall bear 
     their own attorney fees and costs.
       (5) Service of other documents.--Documents submitted or 
     relied upon in a proceeding, other than the petition, shall 
     be served in accordance with regulations established by the 
     Commission.
       (6) Notification of right to opt out.--In order to 
     effectuate service on a responding party, the petition shall 
     notify the responding party of their right to opt out of the 
     proceeding before the Board, and the consequences of opting 
     out and not opting out, including a prominent statement that 
     by not opting out the respondent--
       (A) loses the opportunity to have the dispute decided by a 
     court created under article III of the Constitution of the 
     United States; and
       (B) waives the right to a jury trial regarding the dispute.
       (7) Initial proceedings.--
       (A) Conference.--Within 1 week of completion of service of 
     a petition under paragraph (4), 1 or more Officers of the 
     Board shall hold a conference to address the matters 
     described in subparagraphs (B) and (C).
       (B) Opt-out procedure.--At the conference, an Officer of 
     the Board shall explain that the responding party has a right 
     to opt out of the proceeding before the Board, and describe 
     the consequences of opting out and not opting out as 
     described in paragraph (6). A responding party shall have a 
     period of 30 days, beginning on the date of the conference, 
     in which to provide written notice of such choice to the 
     petitioning party and the Board. If the responding party does 
     not submit an opt-out notice to the Board within that 30-day 
     period, the proceeding shall be deemed an active proceeding 
     and the responding party shall be bound by the determination 
     in the proceeding. If the responding party opts out of the 
     proceeding during that 30-day period, the proceeding shall be 
     dismissed without prejudice.
       (C) Disabling access.--At the conference, except for 
     petitions setting forth claims described in clauses (iii) and 
     (iv) of paragraph (2)(A), an Officer of the Board shall order 
     the provider involved to disable public and user access to 
     the alleged proscribed visual depiction relating to a child 
     at issue in the petition for the pendency of the proceeding, 
     including judicial review as provided in subsection (g)(28), 
     unless the Officer of the Board finds that--
       (i) it is likely that the Board will find that the petition 
     is frivolous or was filed with an intent to harass any 
     person;

[[Page S2536]]

       (ii) there is a probability that disabling public and user 
     access to such visual depiction will cause irreparable harm;
       (iii) the balance of equities weighs in favor of preserving 
     public and user access to the visual depiction; and
       (iv) disabling public and user access to the visual 
     depiction is contrary to the public interest.
       (D) Effect of failure to disable access.--
       (i) Provider petition.--If the petition was filed by a 
     provider, and the provider fails to comply with an order 
     issued pursuant to subparagraph (B), the Board may--

       (I) dismiss the petition with prejudice; and
       (II) refer the matter to the Attorney General.

       (ii) Effect of dismissal.--If a provider's petition is 
     dismissed under clause (i)(I), the complainant may bring a 
     petition under paragraph (1) as if the provider did not file 
     a petition within the timeframe specified in paragraph 
     (2)(B). For purposes of paragraph (1)(C)(ii), the applicable 
     start date shall be the date the provider's petition was 
     dismissed.
       (iii) Complainant petition.--If the petition was filed by a 
     complainant, and the provider fails to comply with an order 
     issued pursuant to subparagraph (B), the Board--

       (I) shall--

       (aa) expedite resolution of the petition; and
       (bb) refer the matter to the Attorney General; and

       (II) may apply an adverse inference with respect to 
     disputed facts against such provider.

       (8) Scheduling.--Upon receipt of a complete petition and at 
     the conclusion of the opt out procedure described in 
     paragraph (7), the Board shall issue a schedule for the 
     future conduct of the proceeding. A schedule issued by the 
     Board may be amended by the Board in the interests of 
     justice.
       (9) Conferences.--One or more Officers of the Board may 
     hold a conference to address case management or discovery 
     issues in a proceeding, which shall be noted upon the record 
     of the proceeding and may be recorded or transcribed.
       (10) Party submissions.--A proceeding of the Board may not 
     include any formal motion practice, except that, subject to 
     applicable regulations and procedures of the Board--
       (A) the parties to the proceeding and an interested owner 
     may make requests to the Board to address case management and 
     discovery matters, and submit responses thereto; and
       (B) the Board may request or permit parties and interested 
     owners to make submissions addressing relevant questions of 
     fact or law, or other matters, including matters raised sua 
     sponte by the Officers of the Board, and offer responses 
     thereto.
       (11) Discovery.--
       (A) In general.--Discovery in a proceeding shall be limited 
     to the production of relevant information and documents, 
     written interrogatories, and written requests for admission, 
     as provided in regulations established by the Commission, 
     except that--
       (i) upon the request of a party, and for good cause shown, 
     the Board may approve additional relevant discovery, on a 
     limited basis, in particular matters, and may request 
     specific information and documents from parties in the 
     proceeding, consistent with the interests of justice;
       (ii) upon the request of a party or interested owner, and 
     for good cause shown, the Board may issue a protective order 
     to limit the disclosure of documents or testimony that 
     contain confidential information;
       (iii) after providing notice and an opportunity to respond, 
     and upon good cause shown, the Board may apply an adverse 
     inference with respect to disputed facts against a party or 
     interested owner who has failed to timely provide discovery 
     materials in response to a proper request for materials that 
     could be relevant to such facts; and
       (iv) an interested owner shall only produce or receive 
     discovery to the extent it relates to whether the visual 
     depiction at issue constitutes a proscribed visual depiction 
     relating to a child.
       (B) Privacy.--Any alleged proscribed visual depiction 
     relating to a child received by the Board or the Commission 
     as part of a proceeding shall be filed under seal and shall 
     remain in the care, custody, and control of the Board or the 
     Commission. For purposes of discovery, the Board or 
     Commission shall make the proscribed visual depiction 
     relating to a child reasonably available to the parties and 
     interested owner but shall not provide copies. The privacy 
     protections described in section 3509(d) of title 18, United 
     States Code, shall apply to the Board, Commission, provider, 
     complainant, and interested owner.
       (12) Responses.--The responding party may refute any of the 
     claims or factual assertions made by the petitioning party, 
     and may also claim that the petition was not filed in the 
     applicable timeframe or is barred under subsection (h). If a 
     complainant is the petitioning party, a provider may 
     additionally claim in response that the notification was 
     incomplete and could not be made complete under subsection 
     (c)(2)(D)(i). The petitioning party may refute any responses 
     submitted by the responding party.
       (13) Interested owner.--An individual notified under 
     paragraph (19)(C)(ii) may, within 14 days of being so 
     notified, file a motion to join the proceeding for the 
     limited purpose of claiming that the visual depiction at 
     issue does not constitute a proscribed visual depiction 
     relating to a child. The Board shall serve the motion on both 
     parties. Such motion shall include a factual basis and a 
     signed statement, submitted under penalty of perjury, 
     indicating that the individual produced or created the visual 
     depiction at issue. The Board shall dismiss any motion that 
     does not include the signed statement or that was submitted 
     by an individual who did not produce or create the visual 
     depiction at issue. If the motion is granted, the interested 
     owner may also claim that the notification and petition were 
     filed with an intent to harass the interested owner. Any 
     party may refute the claims and factual assertions made by 
     the interested owner.
       (14) Evidence.--The Board may consider the following types 
     of evidence in a proceeding, and such evidence may be 
     admitted without application of formal rules of evidence:
       (A) Documentary and other nontestimonial evidence that is 
     relevant to the petitions or responses in the proceeding.
       (B) Testimonial evidence, submitted under penalty of 
     perjury in written form or in accordance with paragraph (15), 
     limited to statements of the parties and nonexpert witnesses, 
     that is relevant to the petitions or responses in a 
     proceeding, except that, in exceptional cases, expert witness 
     testimony or other types of testimony may be permitted by the 
     Board for good cause shown.
       (15) Hearings.--Unless waived by all parties, the Board 
     shall conduct a hearing to receive oral presentations on 
     issues of fact or law from parties and witnesses to a 
     proceeding, including oral testimony, subject to the 
     following:
       (A) Any such hearing shall be attended by not fewer than 
     two of the Officers of the Board.
       (B) The hearing shall be noted upon the record of the 
     proceeding and, subject to subparagraph (C), may be recorded 
     or transcribed as deemed necessary by the Board.
       (C) A recording or transcript of the hearing shall be made 
     available to any Officer of the Board who is not in 
     attendance.
       (16) Voluntary dismissal.--
       (A) By petitioning party.--Upon the written request of a 
     petitioning party, the Board shall dismiss the petition, with 
     or without prejudice.
       (B) By responding party or interested owner.--Upon written 
     request of a responding party or interested owner, the Board 
     shall dismiss any responses to the petition, and shall 
     consider all claims and factual assertions in the petition to 
     be true.
       (17) Factual findings.--Subject to paragraph (11)(A)(iii), 
     the Board shall make factual findings based upon a 
     preponderance of the evidence.
       (18) Determinations.--
       (A) Nature and contents.--A determination rendered by the 
     Board in a proceeding shall--
       (i) be reached by a majority of the Board;
       (ii) be in writing, and include an explanation of the 
     factual and legal basis of the determination; and
       (iii) include a clear statement of all fines, costs, and 
     other relief awarded.
       (B) Dissent.--An Officer of the Board who dissents from a 
     decision contained in a determination under subparagraph (A) 
     may append a statement setting forth the grounds for that 
     dissent.
       (19) Publication and disclosure.--
       (A) Publication.--Each final determination of the Board 
     shall be made available on a publicly accessible website, 
     except that the final determination shall be redacted to 
     protect confidential information that is the subject of a 
     protective order under paragraph (11)(A)(ii) or information 
     protected pursuant to paragraph (11)(B) and any other 
     information protected from public disclosure under the 
     Federal Trade Commission Act or any other applicable 
     provision of law.
       (B) Freedom of information act.--All information relating 
     to proceedings of the Board under this section is exempt from 
     disclosure to the public under section 552(b)(3) of title 5, 
     except for determinations, records, and information published 
     under subparagraph (A). Any information that is disclosed 
     under this subparagraph shall have redacted any information 
     that is the subject of a protective order under paragraph 
     (11)(A)(ii) or protected pursuant to paragraph (11)(B).
       (C) Effect of petition on non-disclosure period.--
       (i) Submission of a petition extends the non-disclosure 
     period under subsection (c)(2)(I) for the pendency of the 
     proceeding. The provider may submit an objection to the Board 
     that nondisclosure is contrary to the interests of justice. 
     The complainant may, but is not required to, respond to the 
     objection. The Board should sustain the objection unless 
     there is reason to believe that the circumstances in section 
     3486(a)(6)(B) of title 18, United States Code, exist and 
     outweigh the interests of justice.
       (ii) If the Board sustains an objection to the 
     nondisclosure period, the provider or the Board may notify 
     the apparent owner of the visual depiction in question about 
     the proceeding, and include instructions on how the owner may 
     move to join the proceeding under paragraph (13).
       (iii) If applicable, the nondisclosure period expires 120 
     days after the Board's determination becomes final, except it 
     shall expire immediately upon the Board's determination 
     becoming final if the Board finds that the visual depiction 
     is not a proscribed visual depiction relating to a minor.

[[Page S2537]]

       (iv) The interested owner of a visual depiction may not 
     bring any legal action against any party related to the 
     proscribed visual depiction relating to a child until the 
     Board's determination is final. Once the determination is 
     final, the owner of the visual depiction may pursue any legal 
     relief available under the law, subject to subsections (h), 
     (k), and (l).
       (20) Responding party's default.--If the Board finds that 
     service of the petition on the responding party could not 
     reasonably be completed, or the responding party has failed 
     to appear or has ceased participating in a proceeding, as 
     demonstrated by the responding party's failure, without 
     justifiable cause, to meet one or more deadlines or 
     requirements set forth in the schedule adopted by the Board, 
     the Board may enter a default determination, including the 
     dismissal of any responses asserted by the responding party, 
     as follows and in accordance with such other requirements as 
     the Commission may establish by regulation:
       (A) The Board shall require the petitioning party to submit 
     relevant evidence and other information in support of the 
     petitioning party's claims and, upon review of such evidence 
     and any other requested submissions from the petitioning 
     party, shall determine whether the materials so submitted are 
     sufficient to support a finding in favor of the petitioning 
     party under applicable law and, if so, the appropriate relief 
     and damages, if any, to be awarded.
       (B) If the Board makes an affirmative determination under 
     subparagraph (A), the Board shall prepare a proposed default 
     determination, and shall provide written notice to the 
     responding party at all addresses, including electronic mail 
     addresses, reflected in the records of the proceeding before 
     the Board, of the pendency of a default determination by the 
     Board and of the legal significance of such determination. 
     Such notice shall be accompanied by the proposed default 
     determination and shall provide that the responding party has 
     a period of 30 days, beginning on the date of the notice, to 
     submit any evidence or other information in opposition to the 
     proposed default determination.
       (C) If the responding party responds to the notice provided 
     under subparagraph (B) within the 30-day period provided in 
     such subparagraph, the Board shall consider responding 
     party's submissions and, after allowing the petitioning party 
     to address such submissions, maintain, or amend its proposed 
     determination as appropriate, and the resulting determination 
     shall not be a default determination.
       (D) If the respondent fails to respond to the notice 
     provided under subparagraph (B), the Board shall proceed to 
     issue the default determination. Thereafter, the respondent 
     may only challenge such determination to the extent permitted 
     under paragraph (28).
       (21) Petitioning party or interested owner's failure to 
     proceed.--If a petitioning party or interested owner who has 
     joined the proceeding fails to proceed, as demonstrated by 
     the failure, without justifiable cause, to meet one or more 
     deadlines or requirements set forth in the schedule adopted 
     by the Board, the Board may, upon providing written notice to 
     the petitioning party or interested owner and a period of 30 
     days, beginning on the date of the notice, to respond to the 
     notice, and after considering any such response, issue a 
     determination dismissing the claims made by the petitioning 
     party or interested owner. The Board may order the 
     petitioning party to pay attorney fees and costs under 
     paragraph (26)(B), if appropriate. Thereafter, the 
     petitioning party may only challenge such determination to 
     the extent permitted under paragraph (28).
       (22) Request for reconsideration.--A party or interested 
     owner may, within 30 days after the date on which the Board 
     issues a determination under paragraph (18), submit to the 
     Board a written request for reconsideration of, or an 
     amendment to, such determination if the party or interested 
     owner identifies a clear error of law or fact material to the 
     outcome, or a technical mistake. After providing the other 
     parties an opportunity to address such request, the Board 
     shall either deny the request or issue an amended 
     determination.
       (23) Review by commission.--If the Board denies a party or 
     interested owner a request for reconsideration of a 
     determination under paragraph (22), the party or interested 
     owner may, within 30 days after the date of such denial, 
     request review of the determination by the Commission in 
     accordance with regulations established by the Commission. 
     After providing the other party or interested owner an 
     opportunity to address the request, the Commission shall 
     either deny the request for review, or remand the proceeding 
     to the Board for reconsideration of issues specified in the 
     remand and for issuance of an amended determination. Such 
     amended determination shall not be subject to further 
     consideration or review, other than under paragraph (28).
       (24) Favorable ruling on complainant petition.--
       (A) In general.--If the Board grants a complainant's 
     petition filed under this section, notwithstanding any other 
     law, the Board shall--
       (i) order the provider to immediately remove the proscribed 
     visual depiction relating to a child, and to permanently 
     delete all copies of the visual depiction known to and under 
     the control of the provider unless the Board orders the 
     provider to preserve the visual depiction;
       (ii) impose a fine of $50,000 per proscribed visual 
     depiction relating to a child covered by the determination, 
     but if the Board finds that--

       (I) the provider removed the proscribed visual depiction 
     relating to a child after the period set forth in subsection 
     (c)(1)(A)(i), but before the complainant filed a petition, 
     such fine shall be $25,000;
       (II) the provider has engaged in recidivist hosting for the 
     first time with respect to the proscribed visual depiction 
     relating to a child in question, such fine shall be $100,000 
     per proscribed visual depiction relating to a child; or
       (III) the provider has engaged in recidivist hosting of the 
     proscribed visual depiction relating to a child in question 2 
     or more times, such fine shall be $200,000 per proscribed 
     visual depiction relating to a child;

       (iii) order the provider to pay reasonable costs to the 
     complainant; and
       (iv) refer any matters involving intentional or willful 
     conduct by a provider with respect to a proscribed visual 
     depiction relating to a child, or recidivist hosting, to the 
     Attorney General for prosecution under any applicable laws.
       (B) Provider payment of fine and costs.--Notwithstanding 
     any other law, the Board shall direct a provider to promptly 
     pay fines and costs imposed under subparagraph (A) as 
     follows:
       (i) If the petition was filed by a victim, such fine and 
     costs shall be paid to the victim.
       (ii) If the petition was filed by an authorized 
     representative of a victim--

       (I) 30 percent of such fine shall be paid to the authorized 
     representative and 70 percent of such fine paid to the 
     victim; and
       (II) costs shall be paid to the authorized representative.

       (iii) If the petition was filed by a qualified 
     organization--

       (I) the fine shall be paid to the Child Pornography Victims 
     Reserve as provided in section 2259B of title 18, United 
     States Code; and
       (II) costs shall be paid to the qualified organization.

       (25) Effect of denial of provider petition.--
       (A) In general.--If the Board denies a provider's petition 
     to contest a notification filed under paragraph (2), it shall 
     order the provider to immediately remove the proscribed 
     visual depiction relating to a child, and to permanently 
     delete all copies of the visual depiction known to and under 
     the control of the provider unless the Board orders the 
     provider to preserve the visual depiction.
       (B) Referral for failure to remove material.--If a provider 
     does not remove and, if applicable, permanently delete a 
     proscribed visual depiction relating to a child within 48 
     hours of the Board issuing a determination under subparagraph 
     (A), or not later than 2 business days of the Board issuing a 
     determination under subparagraph (A) concerning a small 
     provider, the Board shall refer the matter to the Attorney 
     General for prosecution under any applicable laws.
       (C) Costs for frivolous petition.--If the Board finds that 
     a provider filed a petition under paragraph (2) for a 
     harassing or improper purpose or without reasonable basis in 
     law or fact, the Board shall order the provider to pay the 
     reasonable costs of the complainant.
       (26) Effect of denial of complainant's petition or 
     favorable ruling on provider's petition.--
       (A) Restoration.--If the Board grants a provider's petition 
     filed under paragraph (2) or if the Board denies a petition 
     filed by the complainant under paragraph (1), the provider 
     may restore access to any visual depiction that was at issue 
     in the proceeding.
       (B) Costs for incomplete or frivolous notification and 
     harassment.--If, in granting or denying a petition as 
     described in subparagraph (A), the Board finds that the 
     notification contested in the petition could not be made 
     complete under subsection (c)(2)(D), is frivolous, or is 
     duplicative under subsection (c)(2)(C)(i), the Board may 
     order the complainant to pay costs to the provider and any 
     interested owner, which shall not exceed a total of $10,000, 
     or, if the Board finds that the complainant filed the 
     notification with an intent to harass the provider or any 
     person, a total of $15,000.
       (27) Civil action; other relief.--
       (A) In general.--Whenever any provider or complainant fails 
     to comply with a final determination of the Board issued 
     under paragraph (18), the Department of Justice may commence 
     a civil action in a district court of the United States to 
     enforce compliance with such determination.
       (B) Savings clause.--Nothing in this section shall be 
     construed to limit the authority of the Commission or 
     Department of Justice under any other provision of law.
       (28) Challenges to the determination.--
       (A) Bases for challenge.--Not later than 45 days after the 
     date on which the Board issues a determination or amended 
     determination in a proceeding, or not later than 45 days 
     after the date on which the Board completes any process of 
     reconsideration or the Commission completes a review of the 
     determination, whichever occurs later, a party may seek an 
     order from a district court, located where the provider or 
     complainant conducts business or resides, vacating, 
     modifying, or correcting the determination of the Board in 
     the following cases:

[[Page S2538]]

       (i) If the determination was issued as a result of fraud, 
     corruption, misrepresentation, or other misconduct.
       (ii) If the Board exceeded its authority or failed to 
     render a determination concerning the subject matter at 
     issue.
       (iii) In the case of a default determination or 
     determination based on a failure to prosecute, if it is 
     established that the default or failure was due to excusable 
     neglect.
       (B) Procedure to challenge.--
       (i) Notice of application.--Notice of the application to 
     challenge a determination of the Board shall be provided to 
     all parties to the proceeding before the Board, in accordance 
     with the procedures applicable to service of a motion in the 
     court where the application is made.
       (ii) Staying of proceedings.--For purposes of an 
     application under this paragraph, any judge who is authorized 
     to issue an order to stay the proceedings in an any other 
     action brought in the same court may issue an order, to be 
     served with the notice of application, staying proceedings to 
     enforce the award while the challenge is pending.
       (29) Final determination.--A determination of the Board 
     shall be final on the date that all opportunities for a party 
     or interested owner to seek reconsideration or review of a 
     determination under paragraph (22) or (23), or for a party to 
     challenge the determination under paragraph (28), have 
     expired or are exhausted.
       (h) Effect of Proceeding.--
       (1) Subsequent proceedings.--The issuance of a final 
     determination by the Board shall preclude the filing by any 
     party of any subsequent petition that is based on the 
     notification at issue in the final determination. This 
     paragraph shall not limit the ability of any party to file a 
     subsequent petition based on any other notification.
       (2) Determination.--Except as provided in paragraph (1), 
     the issuance of a final determination by the Board, including 
     a default determination or determination based on a failure 
     to prosecute, shall preclude relitigation of any allegation, 
     factual claim, or response in any subsequent legal action or 
     proceeding before any court, tribunal, or the Board, and may 
     be relied upon for such purpose in a future action or 
     proceeding arising from the same specific activity, subject 
     to the following:
       (A) No party or interested owner may relitigate any 
     allegation, factual claim, or response that was properly 
     asserted and considered by the Board in any subsequent 
     proceeding before the Board involving the same parties or 
     interested owner and the same proscribed visual depiction 
     relating to a minor.
       (B) A finding by the Board that a visual depiction 
     constitutes a proscribed visual depiction relating to a 
     child--
       (i) may not be relitigated in any civil proceeding brought 
     by an interested owner; and
       (ii) may not be relied upon, and shall not have preclusive 
     effect, in any other action or proceeding involving any party 
     before any court or tribunal other than the Board.
       (C) A determination by the Board shall not preclude 
     litigation or relitigation as between the same or different 
     parties before any court or tribunal other than the Board of 
     the same or similar issues of fact or law in connection with 
     allegations or responses not asserted or not finally 
     determined by the Board.
       (D) Except to the extent permitted under this subsection, 
     any final determination of the Board may not be cited or 
     relied upon as legal precedent in any other action or 
     proceeding before any court or tribunal other than the Board.
       (3) Other materials in proceeding.--A submission or 
     statement of a party, interested owner, or witness made in 
     connection with a proceeding before the Board, including a 
     proceeding that is dismissed, may not serve as the basis of 
     any action or proceeding before any court or tribunal except 
     for any legal action related to perjury or for conduct 
     described in subsection (k)(2). A statement of a party, 
     interested owner, or witness may be received as evidence, in 
     accordance with applicable rules, in any subsequent legal 
     action or proceeding before any court, tribunal, or the 
     Board.
       (4) Failure to assert response.--Except as provided in 
     paragraph (1), the failure or inability to assert any 
     allegation, factual claim, or response in a proceeding before 
     the Board shall not preclude the assertion of that response 
     in any subsequent legal action or proceeding before any 
     court, tribunal, or the Board.
       (i) Administration.--The Commission may issue regulations 
     in accordance with section 553 of title 5, United States 
     Code, to implement this section.
       (j) Study.--
       (1) In general.--Not later than 3 years after the date on 
     which Child Online Protection Board issues the first 
     determination under this section, the Commission shall 
     conduct, and report to Congress on, a study that addresses 
     the following:
       (A) The use and efficacy of the Child Online Protection 
     Board in expediting the removal of proscribed visual 
     depictions relating to children and resolving disputes 
     concerning said visual depictions, including the number of 
     proceedings the Child Online Protection Board could 
     reasonably administer with current allocated resources.
       (B) Whether adjustments to the authority of the Child 
     Online Protection Board are necessary or advisable, including 
     with respect to permissible claims, responses, fines, costs, 
     and joinder by interested parties.
       (C) Whether the Child Online Protection Board should be 
     permitted to expire, be extended, or be expanded.
       (D) Such other matters as the Commission believes may be 
     pertinent concerning the Child Online Protection Board.
       (2) Consultation.--In conducting the study and completing 
     the report required under paragraph (1), the Commission 
     shall, to the extent feasible, consult with complainants, 
     victims, and providers to include their views on the matters 
     addressed in the study and report.
       (k) Limited Liability.--
       (1) In general.--Except as provided in paragraph (2), a 
     civil claim or criminal charge against the Board, a provider, 
     a complainant, interested owner, or representative under 
     subsection (f)(4), for distributing, receiving, accessing, or 
     possessing a proscribed visual depiction relating to a child 
     for the sole and exclusive purpose of complying with the 
     requirements of this section, or for the sole and exclusive 
     purpose of seeking or providing legal advice in order to 
     comply with this section, may not be brought in any Federal 
     or State court.
       (2) Intentional, reckless, or other misconduct.--Paragraph 
     (1) shall not apply to a claim against the Board, a provider, 
     a complainant, interested owner, or representative under 
     subsection (f)(4)--
       (A) for any conduct unrelated to compliance with the 
     requirements of this section;
       (B) if the Board, provider, complainant, interested owner, 
     or representative under subsection (f)(4) (as applicable)--
       (i) engaged in intentional misconduct; or
       (ii) acted, or failed to act--

       (I) with actual malice; or
       (II) with reckless disregard to a substantial risk of 
     causing physical injury without legal justification; or

       (C) in the case of a claim against a complainant, if the 
     complainant falsely claims to be a victim, an authorized 
     representative of a victim, or a qualified organization.
       (3) Minimizing access.--The Board, a provider, a 
     complainant, an interested owner, or a representative under 
     subsection (f)(4) shall--
       (A) minimize the number of individuals that are provided 
     access to any alleged, contested, or actual proscribed visual 
     depictions relating to a child under this section;
       (B) ensure that any alleged, contested, or actual 
     proscribed visual depictions relating to a child are 
     transmitted and stored in a secure manner and are not 
     distributed to or accessed by any individual other than as 
     needed to implement this section; and
       (C) ensure that all copies of any proscribed visual 
     depictions relating to a child are permanently deleted upon a 
     request from the Board, Commission, or the Federal Bureau of 
     Investigation.
       (l) Provider Immunity From Claims Based on Removal of 
     Visual Depiction.--A provider shall not be liable to any 
     person for any claim based on the provider's good faith 
     removal of any alleged proscribed visual depiction relating 
     to a child pursuant to a notification under this section, 
     regardless of whether the visual depiction is found to be a 
     proscribed visual depiction relating to a child by the Board.
       (m) Continued Applicability of Federal, State, and Tribal 
     Law.--
       (1) In general.--This section shall not be construed to 
     impair, supersede, or limit a provision of Federal, State, or 
     Tribal law.
       (2) No preemption.--Nothing in this section shall prohibit 
     a State or Tribal government from adopting and enforcing a 
     provision of law governing child sex abuse material that is 
     at least as protective of the rights of a victim as this 
     section.
       (n) Discovery.--Nothing in this section affects discovery, 
     a subpoena or any other court order, or any other judicial 
     process otherwise in accordance with Federal or State law.
       (o) Rule of Construction.--Nothing in this section shall be 
     construed to relieve a provider from any obligation imposed 
     on the provider under section 2258A of title 18, United 
     States Code.
       (p) Funding.--There are authorized to be appropriated to 
     pay the costs incurred by the Commission under this section, 
     including the costs of establishing and maintaining the Board 
     and its facilities, $40,000,000 for each year during the 
     period that begins with the year in which this Act is enacted 
     and ends with the year in which certain subsections of this 
     section expire under subsection (q).
       (q) Sunset.--Except for subsections (a), (h), (k), (l), 
     (m), (n), (o), and (r), this section shall expire 5 years 
     after the date on which the Child Online Protection Board 
     issues its first determination under this section.
       (r) Definitions.--In this section:
       (1) Board.--The term ``Board'' means the Child Online 
     Protection Board established under subsection (d).
       (2) Child sexual abuse material.--The term ``child sexual 
     abuse material'' has the meaning provided in section 2256(8) 
     of title 18, United States Code.
       (3) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (4) Complainant.--The term ``complainant'' means--
       (A) the victim appearing in the proscribed visual depiction 
     relating to a child;
       (B) an authorized representative of the victim appearing in 
     the proscribed visual depiction relating to a child; or
       (C) a qualified organization.
       (5) Designated reporting system.--The term ``designated 
     reporting system'' means a

[[Page S2539]]

     digital means of submitting a notification to a provider 
     under this subsection that is publicly and prominently 
     available, easily accessible, and easy to use.
       (6) Host.--The term ``host'' means to store or make a 
     visual depiction available or accessible to the public or any 
     users through digital means or on a system or network 
     controlled or operated by or for a provider.
       (7) Identifiable person.--The term ``identifiable person'' 
     means a person who is recognizable as an actual person by the 
     person's face, likeness, or other distinguishing 
     characteristic, such as a unique birthmark or other 
     recognizable feature.
       (8) Interested owner.--The term ``interested owner'' means 
     an individual who has joined a proceeding before the Board 
     under subsection (g)(13).
       (9) Party.--The term ``party'' means the complainant or 
     provider.
       (10) Proscribed visual depiction relating to a child.--The 
     term ``proscribed visual depiction relating to a child'' 
     means child sexual abuse material or a related exploitive 
     visual depiction.
       (11) Provider.--The term ``provider'' means a provider of 
     an interactive computer service, as that term is defined in 
     section 230 of the Communications Act of 1934 (47 U.S.C. 
     230), and for purposes of subsections (k) and (l), includes 
     any director, officer, employee, or agent of such provider.
       (12) Qualified organization.--The term ``qualified 
     organization'' means an organization described in section 
     501(c)(3) of the Internal Revenue Code of 1986 that is exempt 
     from tax under section 501(a) of that Code that works to 
     address child sexual abuse material and to support victims of 
     child sexual abuse material.
       (13) Recidivist hosting.--The term ``recidivist hosting'' 
     means, with respect to a provider, that the provider removes 
     a proscribed visual depiction relating to a child pursuant to 
     a notification or determination under this subsection, and 
     then subsequently hosts a visual depiction that has the same 
     hash value or other technical identifier as the visual 
     depiction that had been so removed.
       (14) Related exploitive visual depiction.--The term 
     ``related exploitive visual depiction'' means a visual 
     depiction of an identifiable person of any age where--
       (A) such visual depiction does not constitute child sexual 
     abuse material, but is published with child sexual abuse 
     material depicting that person; and
       (B) there is a connection between such visual depiction and 
     the child sexual abuse material depicting that person that is 
     readily apparent from--
       (i) the content of such visual depiction and the child 
     sexual abuse material; or
       (ii) the context in which such visual depiction and the 
     child sexual abuse material appear.
       (15) Small provider.--The term ``small provider'' means a 
     provider that, for the most recent calendar year, averaged 
     less than 10,000,000 active users on a monthly basis in the 
     United States.
       (16) Victim.--
       (A) In general.--The term ``victim'' means an individual of 
     any age who is depicted in child sexual abuse material while 
     under 18 years of age.
       (B) Assumption of rights.--In the case of a victim who is 
     under 18 years of age, incompetent, incapacitated, or 
     deceased, the legal guardian of the victim or representative 
     of the victim's estate, another family member, or any other 
     person appointed as suitable by a court, may assume the 
     victim's rights to submit a notification or file a petition 
     under this section, but in no event shall an individual who 
     produced or conspired to produce the child sexual abuse 
     material depicting the victim be named as such representative 
     or guardian.
       (17) Visual depiction.--The term ``visual depiction'' has 
     the meaning provided in section 2256(5) of title 18, United 
     States Code.

     SEC. 507. SEVERABILITY.

       If any provision of this title, an amendment made by this 
     title, or the application of such provision or amendment to 
     any person or circumstance is held to be unconstitutional, 
     the remainder of this title and the amendments made by this 
     title, and the application of the provision or amendment to 
     any other person or circumstance, shall not be affected.
                                 ______
                                 
  SA 1705. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. NO FUNDS APPROPRIATED BY THIS ACT MAY BE MADE 
                   AVAILABLE TO ANY NONGOVERNMENTAL ORGANIZATION--

       (1) that facilitates or encourages unlawful activity, 
     including unlawful entry into the United States, human 
     trafficking, human smuggling, drug trafficking, and drug 
     smuggling; or
       (2) to provide, or facilitate the provision of, 
     transportation, lodging, or immigration legal services to 
     inadmissible aliens who enter the United States after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 1706. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place in division D, insert the 
     following:
       Sec. __.  None of the funds made available by this division 
     may be used to provide Federal funds to a local jurisdiction 
     that refuses to comply with a request from the Department of 
     Homeland Security to provide advance notice of the scheduled 
     date and time a particular illegal alien is scheduled to be 
     released from local custody.
                                 ______
                                 
  SA 1707. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON DISBURSEMENT OF FUNDS TO ANY STATE, 
                   CITY, OR LOCALITY THAT AUTHORIZES THE 
                   REGISTRATION OF NON-CITIZENS TO VOTE IN FEDERAL 
                   ELECTIONS.

       None of the funds appropriated or otherwise made available 
     by any division of this Act may be provided to a State, city, 
     or locality that authorizes the registration of individuals 
     who are not citizens of the United States to vote in any 
     Federal election.
                                 ______
                                 
  SA 1708. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) None of the funds appropriated by this Act may 
     be used to take any action described in subsection (b) if 
     taking the action would significantly alter the application 
     of sanctions described in subsection (c).
       (b) An action described in this subsection is any 
     determination or issuance of waivers by the Secretary of 
     State pursuant to--
       (1) section 1245(d)(5) of the National Defense 
     Authorization Act for Fiscal Year 2012 (22 U.S.C. 
     8513a(d)(5)); or
       (2) section 1244(i) or 1247(f) of the Iran Freedom and 
     Counter-Proliferation Act of 2012 (22 U.S.C. 8803(i) and 
     8806(f)).
       (c) The sanctions described in this subsection are 
     sanctions under--
       (1) section 1245(d)(1) of the National Defense 
     Authorization Act for Fiscal Year 2012 (22 U.S.C. 
     8513a(d)(1)); or
       (2) section 1244(c)(1) or 1247(a) of Iran Freedom and 
     Counter-Proliferation Act of 2012 (22 U.S.C. 8803(c)(1) and 
     8806(a)).
                                 ______
                                 
  SA 1709. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Ninety percent of the amounts appropriated or 
     otherwise made available by this Act for the Office of the 
     Secretary of Defense and available for official travel may 
     not be obligated or expended until the Under Secretary of 
     Defense for Personnel and Readiness has developed and issued 
     guidance to require uniform discharge types and assigned 
     uniform reentry codes for all members of the Armed Forces 
     discharged for misconduct solely for COVID-19 vaccination 
     refusal.
                                 ______
                                 
  SA 1710. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available by this Act may be used for official 
     Department of Defense travel to events focused solely on 
     diversity, equity, and inclusion (DEI), including ``listening 
     tours'' or sensing sessions.
                                 ______
                                 
  SA 1711. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __.

       Notwithstanding any other provision of this Act, the amount 
     made available for the Disaster Relief Fund of the Federal 
     Emergency Management Agency shall be $20,761,000,000, of 
     which $500,000,000 shall be to assist individuals affected by 
     the 2024 wildfires in Texas and Oklahoma.
                                 ______
                                 
  SA 1712. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize

[[Page S2540]]

the Morris K. Udall and Stewart L. Udall Trust Fund, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __.

       Notwithstanding any other provision of law, the President 
     shall eliminate eligibility requirements for assistance under 
     section 408 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5174) for individuals 
     affected by the 2024 wildfires in Texas and Oklahoma.
                                 ______
                                 
  SA 1713. Mr. LANKFORD (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed by him to the bill H.R. 2882, to 
reauthorize the Morris K. Udall and Stewart L. Udall Trust Fund, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding any other provision of any 
     division of this consolidated Act, including the explanatory 
     statement described in section 4 of the matter preceding 
     division A of this Act and any Community Project Funding/
     Congressionally Directed Spending table, no amounts shall be 
     made available under division D of this Act for the Women and 
     Infants Hospital, Rhode Island, for facilities and equipment.
                                 ______
                                 
  SA 1714. Mr. VANCE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. FAILED BANK MERGERS AND ACQUISITIONS.

       (a) Failed Bank Mergers.--Section 18(c)(13)(B) of the 
     Federal Deposit Insurance Act (12 U.S.C. 1828(c)(13)(B)) is 
     amended by striking ``section 13.'' and inserting ``section 
     13, if--
       ``(i) at the time the responsible agency proposes to 
     approve the application, there is no application or proposed 
     application (other than an application that also would be 
     subject to the prohibition in subparagraph (A)) to acquire 
     the 1 or more insured depository institutions in default or 
     in danger of default pending before any appropriate Federal 
     banking agency that would, according to the responsible 
     agency for such application, meet all applicable standards 
     for approval by the responsible agency;
       ``(ii) the Corporation would provide assistance under 
     section 13 with respect to the interstate merger transaction; 
     and
       ``(iii) the Corporation has determined that the interstate 
     merger transaction that is the subject of the application to 
     the responsible agency is the only proposed transaction to 
     acquire, directly or indirectly, the 1 or more insured 
     depository institutions in default or in danger of default 
     pending before the Corporation (other than an interstate 
     merger transaction that also would be subject to the 
     prohibition in subparagraph (A)) that would permit the 
     Corporation to--

       ``(I) comply with the least-cost resolution requirements 
     set forth in section 13(c)(4); or
       ``(II) avoid the serious adverse effects on economic 
     conditions or financial stability that would occur absent 
     exercise of the authority in section 13(c)(4)(G), if a 
     systemic risk determination has been made under such section 
     with respect to the insured depository institution or 
     institutions that are the subject of the application.''.

       (b) Failed Bank Acquisitions.--Section 3(d)(5) of the Bank 
     Holding Company Act of 1956 (12 U.S.C. 1842(d)(5)) is 
     amended--
       (1) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and adjusting the margins 
     accordingly;
       (2) in the matter preceding clause (i), as so redesignated, 
     by striking ``The Board may approve'' and inserting the 
     following:
       ``(A) Except as provided in subparagraph (B), the Board may 
     approve''; and
       (3) by inserting at the end the following:
       ``(B) Notwithstanding subparagraph (A), the Board may 
     approve an application that would otherwise be subject to the 
     prohibition in subparagraph (A) or (B) of paragraph (2) if--
       ``(i) at the time the Board proposes to approve the 
     application, there is no application or proposed application 
     (other than an application that also would be subject to the 
     prohibitions in subparagraph (A) or (B) of paragraph (2)) to 
     acquire, directly or indirectly, the 1 or more banks in 
     default or in danger of default, or the acquisition with 
     respect to which assistance is provided under section 13(c) 
     of the Federal Deposit Insurance Act (12 U.S.C. 1823(c)), 
     pending before the Board that would meet all applicable 
     standards for approval under this section;
       ``(ii) the Federal Deposit Insurance Corporation would 
     provide assistance under section 13 of the Federal Deposit 
     Insurance Act (12 U.S.C. 1823) with respect to the 
     acquisition that is the subject of the application to the 
     Board; and
       ``(iii) the Federal Deposit Insurance Corporation has 
     determined that the acquisition is the only proposed 
     transaction to acquire, directly or indirectly, the 1 or more 
     banks in default or in danger of default pending before the 
     Corporation (other than an acquisition that also would be 
     subject to the prohibition in subparagraph (A) or (B) of 
     paragraph (2)) that would permit the Corporation to--

       ``(I) comply with the least-cost resolution requirements 
     set forth in section 13(c)(4) of the Federal Deposit 
     Insurance Act (12 U.S.C. 1823(c)(4)); or
       ``(II) avoid the serious adverse effects on economic 
     conditions or financial stability that would occur absent 
     exercise of the authority in section 13(c)(4)(G) of the 
     Federal Deposit Insurance Act (12 U.S.C. 1823(c)(4)(G)), if a 
     systemic risk determination has been made under such section 
     with respect to the bank or banks that are the subject of the 
     application.''.

                                 ______
                                 
  SA 1715. Mr. VANCE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  The Federal Deposit Insurance Corporation shall 
     make available to the public the methodology used by the 
     Corporation to satisfy section 13(c)(4) of the Federal 
     Deposit Insurance Act (12 U.S.C. 1823(c)(4)).
                                 ______
                                 
  SA 1716. Mr. VANCE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  Notwithstanding any other provision of any 
     division of this Act, the Securities and Exchange Commission 
     may not use any of the funds made available to the Commission 
     under any division of this Act to promulgate or finalize any 
     rule that requires the disclosure of scope 3 greenhouse gas 
     emissions.
                                 ______
                                 
  SA 1717. Mr. VANCE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  The Federal Deposit Insurance Corporation shall 
     provide to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Financial Services 
     of the House of Representatives the methodology used by the 
     Corporation to satisfy section 13(c)(4) of the Federal 
     Deposit Insurance Act (12 U.S.C. 1823(c)(4)).
                                 ______
                                 
  SA 1718. Mr. LANKFORD submitted an amendment intended to be proposed 
by him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place in division C, insert the 
     following:
       Sec. ___.  No funds appropriated by this Act may be used to 
     release from physical custody any alien whom the Secretary of 
     Homeland Security or the Commissioner of U.S. Customs and 
     Border Protection has determined potentially poses a national 
     security risk to the United States or its interests (commonly 
     referred to as a ``special interest alien'') during the 
     pendency of proceedings for such alien under the Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.), including any 
     related appeals.
                                 ______
                                 
  SA 1719. Mr. TUBERVILLE submitted an amendment intended to be 
proposed by him to the bill H.R. 2882, to reauthorize the Morris K. 
Udall and Stewart L. Udall Trust Fund, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in title III of division D 
     (relating to the Department of Education), insert the 
     following:

     SEC. __. RULE REGARDING ATHLETIC PROGRAMS OR ACTIVITIES.

       (a) In General.--As a condition of receiving funds under 
     this title, a State, local educational agency, or institution 
     of higher education may not permit any student whose 
     biological sex (recognized based solely on a person's 
     reproductive biology and genetics at birth) is male to 
     participate in an athletic program or activity that is--
       (1) administered by that State, local educational agency, 
     or institution of higher education, as the case may be; and
       (2) designated for women or girls.
       (b) Definitions.--In this section:
       (1) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101 or 102 of the Higher Education Act of 
     1965 (20 U.S.C. 1001, 1002).
       (2) Local educational agency, state.--The terms ``local 
     educational agency'' and ``State'' have the meanings given 
     the terms in section 8101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).

[[Page S2541]]

  

                                 ______
                                 
  SA 1720. Mr. LANKFORD (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed by him to the bill H.R. 2882, to 
reauthorize the Morris K. Udall and Stewart L. Udall Trust Fund, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding any other provision of any 
     division of this consolidated Act, including the explanatory 
     statement described in section 4 of the matter preceding 
     division A of this Act and any Community Project Funding/
     Congressionally Directed Spending table, no amounts shall be 
     made available under division D of this Act for Dartmouth 
     Hitchcock Nashua, New Hampshire, for facilities and 
     equipment.
                                 ______
                                 
  SA 1721. Ms. MURKOWSKI (for herself, Mr. Manchin, Mr. Sullivan, and 
Ms. Sinema) submitted an amendment intended to be proposed by her to 
the bill H.R. 2882, to reauthorize the Morris K. Udall and Stewart L. 
Udall Trust Fund, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Funds made available under section 2001(b)(1) of 
     Public Law 117-2 shall remain available through September 30, 
     2025.
                                 ______
                                 
  SA 1722. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place in division C, insert the 
     following:
       Sec. ___.  None of the funds appropriated or otherwise made 
     available by this division may be made available to utilize 
     the U.S. Customs and Border Protection CBP One application, 
     or any successor application, to facilitate the entry of any 
     alien into the United States.
                                 ______
                                 
  SA 1723. Mr. CRAPO (for himself, Mr. Wyden, Mr. Risch, Mr. Merkley, 
and Mr. Sullivan) submitted an amendment intended to be proposed by him 
to the bill H.R. 2882, to reauthorize the Morris K. Udall and Stewart 
L. Udall Trust Fund, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SECURE RURAL SCHOOLS AND COMMUNITY SELF-
                   DETERMINATION ACT OF 2000.

       (a) Extension of Authority for Secure Payments.--Section 
     101 of the Secure Rural Schools and Community Self-
     Determination Act of 2000 (16 U.S.C. 7111) is amended, in 
     subsections (a) and (b), by striking ``2023'' each place it 
     appears and inserting ``2026''.
       (b) Distribution of Payments.--Section 103(d)(2) of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7113(d)(2)) is amended by striking ``2023'' 
     and inserting ``2026''.
       (c) Resource Advisory Committees.--Section 205(a)(4) of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``December 
     20, 2023'' each place it appears and inserting ``December 20, 
     2026''.
       (d) Extension of Authority to Conduct Special Projects on 
     Federal Land.--Section 208 of the Secure Rural Schools and 
     Community Self-Determination Act of 2000 (16 U.S.C. 7128) is 
     amended--
       (1) in subsection (a), by striking ``2025'' and inserting 
     ``2028''; and
       (2) in subsection (b), by striking ``2026'' and inserting 
     ``2029''.
       (e) Extension of Authority to Expend County Funds.--Section 
     305 of the Secure Rural Schools and Community Self-
     Determination Act of 2000 (16 U.S.C. 7144) is amended--
       (1) in subsection (a), by striking ``2025'' and inserting 
     ``2028''; and
       (2) in subsection (b), by striking ``2026'' and inserting 
     ``2029''.
       (f) Resource Advisory Committee Pilot Program Extension.--
     Section 205 of the Secure Rural Schools and Community Self-
     Determination Act of 2000 (16 U.S.C. 7125) is amended by 
     striking subsection (g) and inserting the following:
       ``(g) Pilot Program for Resource Advisory Committee 
     Appointments by Regional Foresters.--
       ``(1) In general.--The Secretary concerned shall establish 
     and carry out a pilot program under which the Secretary 
     concerned shall allow the regional forester with jurisdiction 
     over a unit of Federal land to appoint members of the 
     resource advisory committee for that unit, in accordance with 
     the applicable requirements of this section.
       ``(2) Responsibilities of regional forester.--Before 
     appointing a member of a resource advisory committee under 
     the pilot program under this subsection, a regional forester 
     shall conduct the review and analysis that would otherwise be 
     conducted for an appointment to a resource advisory committee 
     if the pilot program was not in effect, including any review 
     and analysis with respect to civil rights and budgetary 
     requirements.
       ``(3) Savings clause.--Nothing in this subsection relieves 
     a regional forester or the Secretary concerned from an 
     obligation to comply with any requirement relating to an 
     appointment to a resource advisory committee, including any 
     requirement with respect to civil rights or advertising a 
     vacancy.
       ``(4) Termination of effectiveness.--The authority provided 
     under this subsection terminates on October 1, 2028.''.
                                 ______
                                 
  SA 1724. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place in division F, insert the 
     following:

     SEC. ___. ANY WORLD HEALTH AGENCY CONVENTION OR AGREEMENT OR 
                   OTHER INTERNATIONAL INSTRUMENT RESULTING FROM 
                   THE INTERNATIONAL NEGOTIATING BODY'S FINAL 
                   REPORT DEEMED TO BE A TREATY SUBJECT TO ADVICE 
                   AND CONSENT OF THE SENATE.

       (a) Short Title.--This section may be cited as the ``No WHO 
     Pandemic Preparedness Treaty Without Senate Approval Act''.
       (b) Findings.--Congress makes the following findings:
       (1) On December 1, 2021, at the second special session of 
     the World Health Assembly (referred to in this section as the 
     ``WHA'') decided--
       (A) to establish the Intergovernmental Negotiating Body 
     (referred to in this section as the ``INB'') to draft and 
     negotiate a WHO convention (referred to in this section as 
     the ``Convention''), agreement, or other international 
     instrument on pandemic prevention, preparedness, and 
     response, with a view to adoption under article 19 or any 
     other provision of the WHO Constitution; and
       (B) that the INB shall submit a progress report to the 
     Seventy-sixth WHA and a working draft of the convention for 
     consideration by the Seventy-seventh WHA, which is scheduled 
     to take place beginning on March 18, 2024.
       (2) On February 24, March 14 and 15, and June 6 through 8 
     and 15 through 17, 2022, the INB held its inaugural meeting 
     at which the Director-General proposed the following 5 themes 
     to guide the INB's work in drafting the Convention:
       (A) Building national, regional, and global capacities 
     based on a whole-of-government and whole-of-society approach.
       (B) Establishing global access and benefit sharing for all 
     pathogens, and determining a global policy for the equitable 
     production and distribution of countermeasures.
       (C) Establishing robust systems and tools for pandemic 
     preparedness and response.
       (D) Establishing a long-term plan for sustainable financing 
     to ensure support for global health threat management and 
     response systems.
       (E) Empowering WHO to fulfill its mandate as the directing 
     and coordinating authority on international health work, 
     including for pandemic preparedness and response.
       (3) On July 18 through 22, 2022, the INB held its second 
     meeting at which it agreed that the Convention would be 
     adopted under article 19 of the WHO Constitution and legally 
     binding on the parties.
       (4) On December 5 through 7, 2022, the INB held its third 
     meeting at which it accepted a conceptual zero draft of the 
     Convention and agreed to prepare a zero draft for 
     consideration at the INB's next meeting.
       (5) In early January 2023, an initial draft of the 
     Convention was sent to WHO member states in advance of its 
     formal introduction at the fourth meeting of the INB. The 
     draft includes broad and binding provisions, including rules 
     governing parties' access to pathogen genomic sequences and 
     how the products or benefits of such access are to be 
     distributed.
       (6) On February 27 through March 3, 2023, the INB held its 
     fourth meeting at which it--
       (A) formally agreed to the draft distributed in January as 
     the basis for commencing negotiations; and
       (B) established an April 14, 2023 deadline for member 
     states to propose any changes to the text.
       (7) The INB's draft--
       (A) was circulated to Member States on May 22, 2023; and
       (B) was published online in all WHO official languages on 
     June 2, 2023.
       (8) On March 18 through 28, 2024, the INB is holding its 
     Ninth Meeting at which it will consider an updated draft of 
     the Convention reflecting input from Member States considered 
     during the INB's Fifth, Sixth, Seventh, and Eighth meetings.
       (9) On May 27 through June 1, 2024, the INB is scheduled to 
     present its final draft of the Convention for consideration 
     at the Seventy-seventh World Health Assembly.
       (10) Section 723.3 of title 11 of the Department of State's 
     Foreign Affairs Manual states that when ``determining whether 
     any international agreement should be brought into force as a 
     treaty or as an international agreement other than a treaty, 
     the utmost care is to be exercised to avoid any invasion or 
     compromise of the constitutional powers of the President, the 
     Senate, and the Congress as a whole'' and includes the 
     following criteria to be considered when determining

[[Page S2542]]

     whether an international agreement should take the form of a 
     treaty or an executive agreement:
       (A) ``The extent to which the agreement involves 
     commitments or risks affecting the nation as a whole''.
       (B) ``Whether the agreement is intended to affect state 
     laws''.
       (C) ``Whether the agreement can be given effect without the 
     enactment of subsequent legislation by the Congress''.
       (D) ``Past U.S. practice as to similar agreements''.
       (E) ``The preference of the Congress as to a particular 
     type of agreement''.
       (F) ``The degree of formality desired for an agreement''.
       (G) ``The proposed duration of the agreement, the need for 
     prompt conclusion of an agreement, and the desirability of 
     concluding a routine or short-term agreement''.
       (H) ``The general international practice as to similar 
     agreements''.
       (c) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) a significant segment of the American public is deeply 
     skeptical of the World Health Organization, its leadership, 
     and its independence from the pernicious political influence 
     of certain member states, including the People's Republic of 
     China;
       (2) the current draft of the Convention does nothing to 
     address the critical failures in the response to the COVID-19 
     pandemic, particularly regarding--
       (A) the PRC's failure to inform the international community 
     of the outbreak in a timely manner;
       (B) the WHO repeating the PRC's false claim that there was 
     no evidence of human-to-human transmission;
       (C) the PRC's delay in sharing COVID-19's genomic sequence 
     data; and
       (D) the PRC's refusal to allow a thorough investigation of 
     the origins of the outbreak.
       (3) the Senate strongly prefers that any agreement related 
     to pandemic prevention, preparedness, and response adopted by 
     the World Health Assembly pursuant to the work of the INB be 
     considered a treaty requiring the advice and consent of the 
     Senate, with two-thirds of Senators concurring;
       (4) the scope of the agreement which the INB has been 
     tasked with drafting, as outlined by the Director-General, is 
     so broad that any application of the factors referred to in 
     subsection (b)(11) will weigh strongly in favor of it being 
     considered a treaty; and
       (5) given the level of public distrust, any relevant new 
     agreement by the World Health Assembly which cannot garner 
     the \2/3\ vote needed for Senate ratification should not be 
     agreed to or implemented by the United States.
       (d) Applicability of Senate Advice and Consent 
     Constitutional Requirement.--Notwithstanding any other 
     provision of law, any convention, agreement, or other 
     international instrument on pandemic prevention, 
     preparedness, and response reached by the World Health 
     Assembly pursuant to the recommendations, report, or work of 
     the International Negotiating Body established by the second 
     special session of the World Health Assembly is deemed to be 
     a treaty that is subject to the requirements of article II, 
     section 2, clause 2 of the Constitution of the United States, 
     which requires the advice and consent of the Senate, with \2/
     3\ of all Senators concurring.
       (e) Funding Limitation.--No funds appropriated by this 
     division may be used to facilitate the implementation of any 
     convention, agreement, or other international instrument on 
     pandemic prevention, preparedness, and response reached by 
     the WHA.
                                 ______
                                 
  SA 1725. Mr. CRAPO (for himself, Ms. Lummis, Mr. Braun, Mr. Barrasso, 
Mr. Risch, Mr. Manchin, Mrs. Capito, Mr. Daines, Mr. Ricketts, Mr. 
Sullivan, and Mr. Cramer) submitted an amendment intended to be 
proposed by him to the bill H.R. 2882, to reauthorize the Morris K. 
Udall and Stewart L. Udall Trust Fund, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:


                               limitation

       Sec. ___. None of the funds made available by this Act or 
     any other Act for fiscal year 2024 may be used to implement, 
     administer, or enforce the proposed rule of the Environmental 
     Protection Agency entitled ``Multi-Pollutant Emissions 
     Standards for Model Years 2027 and Later Light-Duty and 
     Medium-Duty Vehicles'' (88 Fed. Reg. 29184 (May 5, 2023)), 
     the final rule of the Environmental Protection Agency 
     entitled ``Multi-Pollutant Emissions Standards for Model 
     Years 2027 and Later Light-Duty and Medium-Duty Vehicles'' 
     and submitted for publication in the Federal Register on 
     March 20, 2024, or any substantially similar rule.
                                 ______
                                 
  SA 1726. Mr. TUBERVILLE submitted an amendment intended to be 
proposed by him to the bill H.R. 2882, to reauthorize the Morris K. 
Udall and Stewart L. Udall Trust Fund, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  No funds appropriated by this Act to the Office 
     of the Secretary of Homeland Security may be obligated until 
     after the Secretary of Homeland Security certifies that the 
     Department of Homeland Security has achieved operational 
     control over the entire international land and maritime 
     borders of the United States (as described in section 2 of 
     the Secure Fence Act of 2006 (8 U.S.C. 1701 note)), 
     including--
       (1) the establishment of systematic surveillance of the 
     international land and maritime borders of the United States 
     through the effective use of personnel and technology, such 
     as unmanned aerial vehicles, ground-based sensors, 
     satellites, radar coverage, and cameras; and
       (2) sufficient physical infrastructure enhancements to 
     prevent unlawful entry by aliens into the United States, 
     while facilitating access to the international land and 
     maritime borders by U.S. Customs and Border Protection agents 
     and officers, such as the establishment of additional 
     checkpoints, the construction of all weather access roads, 
     and the placement of vehicle barriers.
                                 ______
                                 
  SA 1727. Mr. DAINES submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SAFE THIRD COUNTRY EXCEPTION TO ASYLUM ELIGIBILITY.

       Any alien who transited through at least 1 country outside 
     the alien's country of citizenship, nationality, or last 
     lawful habitual residence en route to the United States is 
     ineligible for asylum in the United States.
                                 ______
                                 
  SA 1728. Mr. DAINES submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  No funds appropriated or otherwise made 
     available to the Department of Homeland Security by this Act 
     may be expended to transport Federal Air Marshals to the 
     southern border or the northern border for the purpose of 
     carrying out non-law enforcement activities.
                                 ______
                                 
  SA 1729. Mr. DAINES submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. INELIGIBILITY FOR SOCIAL SECURITY AND MEDICARE 
                   BENEFITS.

       Any alien who unlawfully enters the United States shall be 
     permanent ineligible for benefits under the Social Security 
     Act (42 U.S.C. 301 et seq.).
                                 ______
                                 
  SA 1730. Mr. DAINES submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXPEDITED REMOVAL OF ALL ALIENS WHO UNLAWFULLY 
                   ENTERED THE UNITED STATES SINCE JANUARY 20, 
                   2021.

       The Secretary of Homeland Security, as expeditiously as 
     practicable, shall place all aliens who are unlawfully 
     present in the United States and whose latest unlawful entry 
     into the United occurred on or after January 20, 2021, into 
     expedited removal proceedings, consistent with section 238 of 
     the Immigration and Nationality Act (8 U.S.C. 1228).
                                 ______
                                 
  SA 1731. Mr. DAINES submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MANDATORY DETENTION FOR ILLEGAL ALIENS.

       (a) In General.--Except as provided in subsection (b), the 
     Secretary of Homeland Security shall detain every alien who 
     last entered the United States on or after January 20, 2021, 
     and remains unlawfully present in the United States. Such 
     aliens shall remain in detention until after--
       (1) the alien's immigration proceedings have concluded, 
     including any administrative or judicial appeals; and
       (2) the alien has been granted legal status in the United 
     States.
       (b) Exception.--The requirement described in subsection (a) 
     shall not apply to unaccompanied alien children (as defined 
     in section 462(g)(2) of the Homeland Security Act of 2002 (6 
     U.S.C. 279(g)(2)).
                                 ______
                                 
  SA 1732. Mr. RICKETTS submitted an amendment intended to be proposed

[[Page S2543]]

by him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding any other provision in this Act, 
     funds appropriated or otherwise made available by this Act or 
     other Acts making appropriations for the Department of State, 
     foreign operations, and related programs, including 
     provisions of Acts providing supplemental appropriations for 
     the Department of State, foreign operations, and related 
     programs, may not be used for a contribution, grant, or other 
     payment to the United Nations Relief and Works Agency, 
     notwithstanding any other provision of law--
       (1) for any amounts provided in prior fiscal years or in 
     fiscal year 2024; or
       (2) for amounts provided in fiscal years beginning after 
     fiscal year 2024.
                                 ______
                                 
  SA 1733. Mr. BUDD submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 426, between lines 12 and 13, insert the following:
       Sec. 552.  No funds appropriated by this Act may be used to 
     grant any immigration status or other benefit to any alien 
     who has been convicted of, been charged with, or admitted to, 
     assaulting a law enforcement officer.
                                 ______
                                 
  SA 1734. Mr. BUDD (for himself, Mrs. Britt, and Mr. Braun) submitted 
an amendment intended to be proposed by him to the bill H.R. 2882, to 
reauthorize the Morris K. Udall and Stewart L. Udall Trust Fund, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 426, between lines 12 and 13, insert the following:

     SEC. 552.(A) THIS SECTION MAY BE CITED AS THE ``LAKEN RILEY 
                   ACT''.

       (b)(1) Congress finds that the people of the United 
     States--
       (A) mourn the devastating loss of Laken Riley and other 
     victims of the Biden administration's open borders policies;
       (B) honor the life and memory of Laken Riley and other 
     victims of the Biden administration's open borders policies; 
     and
       (C) denounce the open borders policies of President Joe 
     Biden, ``Border Czar'' Vice President Kamala Harris, 
     Secretary of Homeland Security Alejandro Mayorkas, and other 
     officials in the Biden administration.
       (2) It is the sense of Congress that--
       (A) the Biden administration should not have released Laken 
     Riley's alleged murderer into the United States;
       (B) the Biden administration should have arrested and 
     detained Laken Riley's alleged murderer after he was charged 
     with crimes in New York, New York, and Athens, Georgia;
       (C) President Biden should publicly denounce his 
     administration's immigration policies that resulted in the 
     murder of Laken Riley; and
       (D) President Biden should prevent another murder like that 
     of Laken Riley by--
       (i) ending the catch-and-release of illegal aliens;
       (ii) increasing immigration enforcement;
       (iii) detaining and removing criminal aliens;
       (iv) reinstating the Remain in Mexico policy;
       (v) ending his abuse of parole authority, and
       (vi) securing the borders of the United States.
       (c) Section 236(c) of the Immigration and Nationality Act 
     (8 U.S.C. 1226(c)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraphs (A) and (B), by striking the comma at 
     the end of each such subparagraph and inserting a semicolon;
       (B) in subparagraph (C), by striking ``, or'' and inserting 
     a semicolon;
       (C) in subparagraph (D), by striking the comma at the end 
     and inserting ``; or''; and
       (D) by inserting after subparagraph (D) the following:
       ``(E)(i) is inadmissible under paragraph (6)(A), (6)(C), or 
     (7) of section 212(a); and
       ``(ii) is charged with, is arrested for, is convicted of, 
     or admits having committed acts constituting the essential 
     elements of any burglary, theft, larceny, or shoplifting 
     offense (as such terms are defined in the jurisdiction in 
     which such acts occurred),'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Detainer.--The Secretary of Homeland Security shall--
       ``(A) issue a detainer for any alien described in paragraph 
     (1)(E); and
       ``(B) if such alien is not being detained by Federal, 
     State, or local officials, take custody of such alien 
     effectively and expeditiously.''.
       (d)(1) Section 212(d)(5) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(d)(5)) is amended--
       (A) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security'';
       (B) in subparagraph (A)--
       (i) by striking ``his discretion'' and inserting ``in the 
     discretion of the Secretary'';
       (ii) by striking ``he may'' and inserting ``the Secretary 
     may'';
       (iii) by striking ``he was'' and inserting ``the alien 
     was''; and
       (iv) by striking ``his case'' and inserting ``the alien's 
     case''; and
       (C) by adding at the end the following:
       ``(C)(i) The attorney general of a State, or another 
     authorized State officer, alleging a violation of 
     subparagraph (A), which requires the granting of parole be 
     decided on a case-by-case basis and solely for urgent 
     humanitarian reasons or a significant public benefit, which 
     harms such State or its residents shall have standing to seek 
     appropriate injunctive relief through an action against the 
     Secretary of Homeland Security on behalf of such State or the 
     residents of such State in an appropriate district court of 
     the United States.
       ``(ii) The court in which a civil action is brought 
     pursuant to clause (i) shall advance on the docket and 
     expedite the disposition of such action to the greatest 
     extent practicable.
       ``(iii) In this subparagraph, a State or its residents 
     shall be considered to have been harmed if the State or its 
     residents experience harm, including financial harm in excess 
     of $100.''.
       (2) Section 235(b) of such Act (8 U.S.C. 1225(b)) is 
     amended--
       (A) by redesignating paragraph (3) as paragraph (4); and
       (B) by inserting after paragraph (2) the following:
       ``(3) Enforcement by the attorney general of a state.--
       ``(A) Standing.--The attorney general of a State, or 
     another authorized State officer, alleging a violation of the 
     detention and removal requirements under paragraph (1) or 
     (2), which harms such State or its residents shall have 
     standing to bring an action against the Secretary of Homeland 
     Security on behalf of such State or the residents of such 
     State in an appropriate district court of the United States 
     to obtain appropriate injunctive relief.
       ``(B) Expedited proceedings.--The court in which a civil 
     action is filed pursuant to subparagraph (A) shall advance on 
     the docket and expedite the disposition of such action to the 
     greatest extent practicable.
       ``(C) Harm.--In subparagraph (A), a State or its residents 
     shall be considered to have been harmed if the State or its 
     residents experience harm, including financial harm in excess 
     of $100.''.
       (3) Section 236 of such Act (8 U.S.C. 1226), as amended by 
     section 3, is further amended--
       (A) in subsection (e), by striking ``or release of any 
     alien or the grant, revocation, or denial'' and inserting 
     ``of any alien or the revocation or denial''; and
       (B) by adding at the end the following:
       ``(f) Enforcement by the Attorney General of a State.--
       ``(1) Standing.--The attorney general of a State, or 
     another authorized State officer, alleging an action or 
     decision by the Attorney General or the Secretary of Homeland 
     Security under this section to release any alien or grant 
     bond or parole to any alien that harms such State or its 
     residents shall have standing to seek injunctive relief by 
     bringing an action against the Attorney General or the 
     Secretary of Homeland Security on behalf of such State or the 
     residents of such State in an appropriate district court of 
     the United States.
       ``(2) Expedited proceedings.--The court in which a civil 
     action is filed pursuant to paragraph (1) shall advance on 
     the docket and expedite the disposition of such action to the 
     greatest extent practicable.
       ``(3) Harm.--In subparagraph (A), a State or its residents 
     shall be considered to have been harmed if the State or its 
     residents experience harm, including financial harm in excess 
     of $100.''.
       (4) Section 241(a)(2) of such .Act (8 U.S.C. 1231(a)(2)) is 
     amended--
       (A) by striking ``During the removal period,'' and 
     inserting the following:
       ``(A) In general.--During the removal period,''; and
       (B) by adding at the end the following:
       ``(B) Enforcement by the attorney general of a state.--
       ``(i) Standing.--The attorney general of a State, or 
     another authorized State officer, alleging a violation of the 
     detention requirement under subparagraph (A) that harms such 
     State or its residents shall have standing to seek injunctive 
     relief by bringing an action against the Secretary of 
     Homeland Security on behalf of such State or the residents of 
     such State in an appropriate district court of the United 
     States.
       ``(ii) Expedited proceedings.--The court in which a civil 
     action is filed pursuant to clause (i) shall advance on the 
     docket and expedite the disposition of such action to the 
     greatest extent practicable.
       ``(iii) Harm.--In clause (i), a State or its residents 
     shall be considered to have been harmed if the State or its 
     residents experience harm, including financial harm in excess 
     of $100.''.
       (5) Section 242(f) of such Act (8 U.S.C. 1252(f)) is 
     amended by adding at the end following:
       ``(3) Certain actions.--Paragraph (1) shall not apply to an 
     action brought pursuant to section 235(b)(3), subsections (e) 
     or (f) of section 236, or section 241(a)(2)(B).''.

[[Page S2544]]

       (6) Section 243 of such Act (8 U.S.C. 1253) is amended by 
     adding at the end the following:
       ``(e) Enforcement by the Attorney General of a State.--
       ``(1) Standing.--The attorney general of a State, or 
     another authorized State officer, alleging a violation of the 
     requirement to discontinue granting visas to citizens, 
     subjects, nationals, and residents described in subsection 
     (d), which harms such State or its residents, shall have 
     standing to seek injunctive relief by bringing an action 
     against the Secretary of State on behalf of such State or the 
     residents of such State in an appropriate district court of 
     the United States.
       ``(2) Expedited proceedings.--The court in which a civil 
     action is filed under paragraph (1) shall advance on the 
     docket and expedite the disposition of such action to the 
     greatest extent practicable.
       ``(3) Harm.--In paragraph (1), a State or its residents 
     shall be considered to have been harmed if the State or its 
     residents experience harm, including financial harm in excess 
     of $100.''.
                                 ______
                                 
  SA 1735. Mr. HAGERTY submitted an amendment intended to be proposed 
by him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) No funds appropriated by this Act may be used 
     to facilitate, provide, or purchase air transportation from a 
     foreign country to the United States for an alien in order 
     for such alien to utilize a parole process described in--
       (1) the notice of the Department of Homeland Security 
     entitled ``Implementation of a Parole Process for 
     Venezuelans'' (87 Fed. Reg. 63507 (October 19, 2022));
       (2) the notice of the Department of Homeland Security 
     entitled ``Implementation of a Parole Process for Haitians'' 
     (88 Fed. Reg. 1243 (January 9, 2023));
       (3) the notice of the Department of Homeland Security 
     entitled ``Implementation of a Parole Process for 
     Nicaraguans'' (88 Fed. Reg. 1255 (January 9, 2023)); or
       (4) the notice of the Department of Homeland Security 
     entitled ``Implementation of a Parole Process for Cubans'' 
     (88 Fed. Reg. 1266 (January 9, 2023)).
       (b) The limitation described in subsection (a) shall not 
     apply in exigent circumstances, as determined on a case-by-
     case basis, including circumstances in which an individual is 
     being--
       (1) provided emergency medical treatment; or
       (2) extradited to the United States and in law enforcement 
     custody.
       (c) Not later than 90 days after each determination 
     described in subsection (b), the Secretary of Homeland 
     Security shall notify the Committee on Appropriations of the 
     Senate and the Committee on Appropriations of the House of 
     Representatives regarding such circumstances.
                                 ______
                                 
  SA 1736. Ms. LUMMIS (for herself and Mr. Daines) submitted an 
amendment intended to be proposed by her to the bill H.R. 2882, to 
reauthorize the Morris K. Udall and Stewart L. Udall Trust Fund, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:


               supporting national security with spectrum

       Sec. ___.  (a) Short Title.--This section may be cited as 
     the ``Supporting National Security with Spectrum Act''.
       (b) Additional ``Rip and Replace'' Funding.-- Section 4(k) 
     of the Secure and Trusted Communications Networks Act of 2019 
     (47 U.S.C. 1603(k)) is amended by striking ``$1,900,000,000'' 
     and inserting ``$4,980,000,000''.
       (c) Appropriation of Funds.--There is appropriated to the 
     Federal Communications Commission for fiscal year 2024, out 
     of amounts in the Treasury not otherwise appropriated, 
     $3,080,000,000, to remain available until expended, to carry 
     out section 4 of the Secure and Trusted Communications 
     Networks Act of 2019 (47 U.S.C. 1603).
       (d) FCC Auction 97 Reauction of Certain Licenses; 
     Completion of Reauction.--
       (1) FCC auction 97 reauction of certain licenses.--Not 
     later than 1 year after the date of enactment of this Act, 
     the Federal Communications Commission shall initiate a system 
     of competitive bidding under section 309(j) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)) to grant 
     licenses for spectrum in the inventory of the Commission 
     within the bands of frequencies referred to by the Commission 
     as the ``AWS-3 bands'', without regard to whether the 
     authority of the Commission under paragraph (11) of that 
     section has expired.
       (2) Completion of reauction.--The Federal Communications 
     Commission shall complete the system of competitive bidding 
     described in subsection (a), including receiving payments, 
     processing applications, and granting licenses, without 
     regard to whether the authority of the Commission under 
     paragraph (11) of section 309(j) of the Communications Act of 
     1934 (47 U.S.C. 309(j)) has expired.
                                 ______
                                 
  SA 1737. Ms. LUMMIS submitted an amendment intended to be proposed by 
her to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. POSTAL SERVICE FUNDS LIMITATION.

       Notwithstanding any other provision of this Act, no amounts 
     made available under this Act shall be used by the United 
     States Postal Service to convert a Processing and 
     Distribution Center to a Local Processing Center in any State 
     such that the State would no longer have any Processing and 
     Distribution Centers located in that State.
                                 ______
                                 
  SA 1738. Mr. SCHMITT submitted an amendment intended to be proposed 
by him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) None of the funds made available by this Act 
     may be used to--
       (1) label any constitutionally protected speech of a United 
     States citizen as disinformation or misinformation;
       (2) coerce, directly or indirectly by partnering with a 
     nongovernmental entity that is acting at the request or 
     behest of a governmental entity, any provider or operator of 
     a covered platform to alter, remove, restrict, or suppress 
     constitutionally protected speech of a United States citizen 
     that is shared on the covered platform based on a 
     determination, by an employee acting under the official 
     authority of the Federal Government, that the content of the 
     speech is disinformation or misinformation; or
       (3) create, or provide funding to a foreign government, 
     quasi-governmental organization, or nonprofit organization 
     for the research, development, or maintenance of, any 
     disinformation or misinformation list or ranking system 
     relating to news content, regardless of medium.
       (b) For purposes of this section:
       (1) The term ``constitutionally protected speech'' means 
     speech that is protected under the First Amendment to the 
     Constitution of the United States, including any type of 
     digital communication, including a post on a covered 
     platform, an e-mail, a text, and a direct message.
       (2) The term ``covered platform'' means an interactive 
     computer service, as that term is defined in section 230 of 
     the Communications Act of 1934 (47 U.S.C. 230).
                                 ______
                                 
  SA 1739. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ELIMINATING THE USE OF CONSULTANTS BY THE MAJORITY 
                   LEADER AND MINORITY LEADER OF THE SENATE.

       The first sentence of section 101(a) of the Supplemental 
     Appropriations Act, 1977 (2 U.S.C. 6501(a)), as amended by 
     section 102 of division E, is further amended by striking 
     ``not more'' and all that follows through ``consultants'' and 
     inserting ``zero individual consultants''.
                                 ______
                                 
  SA 1740. Mr. BUDD submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place in division C, insert the 
     following:
       Sec. ___.  No funds appropriated by this Act may be used to 
     grant any immigration status or other benefit to any alien 
     who is charged with, is arrested for, is convicted of, admits 
     to a law enforcement officer or in a legal proceeding of 
     having committed, or admits to a law enforcement officer or 
     in a legal proceeding of committing acts constituting the 
     essential elements of any burglary, theft, larceny, or 
     shoplifting offense.
                                 ______
                                 
  SA 1741. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  Notwithstanding any other provision of any 
     division of this Act, none of the amounts appropriated or 
     otherwise made available by this Act may be used by the 
     Department of State for the Global Engagement Center.
                                 ______
                                 
  SA 1742. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize

[[Page S2545]]

the Morris K. Udall and Stewart L. Udall Trust Fund, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available by this Act may be made available for an 
     assessed or voluntary contribution to the World Health 
     Organization.
                                 ______
                                 
  SA 1743. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available by this Act may be obligated or expended for 
     the Office of Diversity and Inclusion of the Department of 
     State or for any other diversity, equity, and inclusion 
     office, position, or activity at the Department.
                                 ______
                                 
  SA 1744. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available by this Act may be made available for an 
     assessed or voluntary contribution, grant, or other payment 
     to the Green Climate Fund, the Intergovernmental Panel on 
     Climate Change, the United Nations Framework Convention on 
     Climate Change, or to any other entity whose primary mission 
     is to mitigate the impacts of climate change.
                                 ______
                                 
  SA 1745. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NONE OF THE FUNDS MADE AVAILABLE BY THIS ACT MAY BE 
                   USED FOR AN ASSESSED OR VOLUNTARY CONTRIBUTION, 
                   GRANT, OR OTHER PAYMENT TO THE UNITED NATIONS 
                   RELIEF AND WORKS AGENCY FOR PALESTINE REFUGEES 
                   OR TO ANY OTHER ORGAN, SPECIALIZED AGENCY, 
                   COMMISSION, OR OTHER FORMALLY AFFILIATED BODY 
                   OF THE UNITED NATIONS THAT PROVIDE FUNDING OR 
                   OTHERWISE OPERATES IN GAZA.

                                 ______
                                 
  SA 1746. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NONE OF THE FUNDS MADE AVAILABLE BY THIS ACT MAY BE 
                   USED FOR RECONSTRUCTION ACTIVITIES IN UKRAINE.

                                 ______
                                 
  SA 1747. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NONE OF THE FUNDS MADE AVAILABLE BY THIS ACT MAY BE 
                   USED TO MAKE A GRANT THROUGH THE PRESIDENT'S 
                   EMERGENCY PLAN FOR AIDS RELIEF TO ANY 
                   ORGANIZATION THAT PERFORMS, PROMOTES, COUNSELS, 
                   OR PROVIDES REFERRALS FOR ABORTIONS.

                                 ______
                                 
  SA 1748. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON USE OF FUNDS FOR GENDER AFFIRMING 
                   CARE.

       None of the funds made available by this Act may be used by 
     the Department of Defense to perform, promote, counsel, or 
     provide referrals for the provision of hormonal treatments or 
     surgical care to affirm a person's chosen identity of his or 
     her sex, if that chosen identity is incongruent with such 
     person's biological sex.
                                 ______
                                 
  SA 1749. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds appropriated or otherwise made 
     available by this Act may be used to carry out the policies 
     described in the Department of Defense memorandum entitled 
     ``Ensuring Access to Reproductive Health Care'' and dated 
     October 20, 2022.
                                 ______
                                 
  SA 1750. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON PREVENTING MODERNIZATION OF SENTINEL 
                   PROGRAM.

       None of the funds appropriated or otherwise made available 
     by this Act may be used to prevent the modernization of the 
     Sentinel intercontinental ballistic missile program.
                                 ______
                                 
  SA 1751. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available by this Act may be made available for a United 
     States contribution to NATO.
                                 ______
                                 
  SA 1752. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available by this Act for the Department of Defense may 
     be used to carry out a reduction in end-strength personnel 
     for any active, reserve, or civilian component of the 
     Department.
                                 ______
                                 
  SA 1753. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds appropriated or otherwise made 
     available by this Act may be obligated or expended for the 
     Office for Diversity, Equity, and Inclusion of the Department 
     of Defense or for any other diversity, equity, and inclusion 
     office, position, or activity at the Department.
                                 ______
                                 
  SA 1754. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  Notwithstanding any other provision of any 
     division of this Act, none of the amounts appropriated or 
     otherwise made available by this Act may be used by the 
     Department of Defense to increase the force presence of the 
     United States Armed Forces in the area of responsibility of 
     the United States European Command.
                                 ______
                                 
  SA 1755. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITING IMPLEMENTATION OF THE RULE RELATING TO 
                   COMBATING AUTO RETAIL SCAMS.

       None of the funds appropriated or otherwise made available 
     by any division of this Act may be used to enforce the 
     provisions of the final rule submitted by the Federal Trade 
     Commission relating to ``Combating Auto Retail Scams'' 
     (commonly referred to as the ``CARS Rule'') (issued on 
     December 12, 2023), or any substantially similar rule.
                                 ______
                                 
  SA 1756. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  None of the funds available for obligation or 
     expenditure by the government

[[Page S2546]]

     of the District of Columbia under any authority may be used 
     to carry out the Reproductive Health Non-Discrimination 
     Amendment Act of 2014 (D.C. Law 20-261) or to implement any 
     rule or regulation promulgated to carry out that Act.
                                 ______
                                 
  SA 1757. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  None of the funds made available by this Act may 
     be used to enforce the rule adopted by the Federal 
     Communications Commission relating to ``The Infrastructure 
     Investment and Jobs Act: Prevention and Elimination of 
     Digital Discrimination'' (89 Fed. Reg. 4128 (January 22, 
     2024)).
                                 ______
                                 
  SA 1758. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  None of the funds made available by this Act may 
     be used to enforce the rule adopted by the Federal 
     Communications Commission in the Fourth Report and Order, 
     Order on Reconsideration, and Second Further Notice of 
     Proposed Rulemaking in the matter of ``Review of the 
     Commission's Broadcast and Cable Equal Employment Opportunity 
     Rules and Policies'', adopted on February 7, 2024 (FCC 24-
     18).
                                 ______
                                 
  SA 1759. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON USE OF COAST GUARD FUNDS FOR 
                   ABORTIONS.

       No funds made available for the Coast Guard by this Act may 
     be used to perform abortions or to provide travel or 
     transportation allowances to obtain abortions.
                                 ______
                                 
  SA 1760. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds made available by any division 
     of this Act may be obligated to any entity that financially 
     supports, promotes, or hosts any obscene activities, 
     including drag shows for children, BDSM, kink, or pedophilic 
     practices.
                                 ______
                                 
  SA 1761. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds made available by any division 
     of this Act may be used to implement or enforce any COVID-19 
     vaccine or face mask mandate.
                                 ______
                                 
  SA 1762. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds made available by any division 
     of this Act may be used for purposes of conducting or 
     supporting gain-of-function research.
                                 ______
                                 
  SA 1763. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds made available by any division 
     of this Act may be used for the ``Saving on a Valuable 
     Education'' plan (referred to as the ``SAVE plan'') for 
     income-driven repayment of student loans (including student 
     loan forgiveness under such plan) that was introduced by the 
     Biden administration in 2023, or for any other student loan 
     forgiveness plans introduced by the Biden Administration.
                                 ______
                                 
  SA 1764. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON THE USE OF FUNDS TO IMPLEMENT THE 
                   CLIMATE ADAPTATION AND RESILIENCE PLAN OF THE 
                   DEPARTMENT OF LABOR.

       None of the amounts appropriated or otherwise made 
     available under any division of this Act may be used to 
     implement the Climate Adaptation and Resilience Plan of the 
     Department of Labor.
                                 ______
                                 
  SA 1765. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Not withstanding any other provision of any 
     division of this Act, no amounts shall be made available 
     under any division of this Act, including through a grant 
     program, to Planned Parenthood Federation of America or any 
     its affiliates.
                                 ______
                                 
  SA 1766. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds made available by any division 
     of this Act may be used for health centers based at an 
     elementary school, secondary school, or postsecondary 
     educational institution to promote or provide abortion or 
     referrals for abortion services, or to promote or provide 
     hormonal treatments or surgical care to affirm an 
     individual's chosen identity of his or her sex, if that 
     chosen identity is incongruent with such individual's 
     biological sex.
                                 ______
                                 
  SA 1767. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place in title V of division D, insert 
     the following:

     SEC. __. PROHIBITION ON FUNDING DIVERSITY, EQUITY, AND 
                   INCLUSION OFFICES.

       None of the funds appropriated under this division of this 
     Act may be used for any activity of a diversity, equity, and 
     inclusion office within the Department of Health and Human 
     Services, the Department of Labor, the Department of 
     Education, or the Equal Employment Opportunity Commission.
                                 ______
                                 
  SA 1768. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds made available by any division 
     of this Act may be used to promote or provide hormonal 
     treatments or surgical care to affirm an individual's chosen 
     identity of his or her sex, if that chosen identity is 
     incongruent with such individual's biological sex.
                                 ______
                                 
  SA 1769. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON THE USE OF FUNDS TO IMPLEMENT 
                   INDEPENDENT CONTRACTOR RULE.

       None of the amounts appropriated or otherwise made 
     available under any division of this Act may be used to 
     implement the rule submitted by the Department of Labor 
     relating to ``Employee or Independent Contractor 
     Classification Under the Fair Labor Standards Act'' (89 Fed. 
     Reg. 1638 (January 10, 2024)).
                                 ______
                                 
  SA 1770. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __.

       None of the funds made available by this Act may be used to 
     implement, enforce, or

[[Page S2547]]

     otherwise give effect to the provisions in the proposed rule 
     entitled ``Short-Term, Limited-Duration Insurance; 
     Independent, Noncoordinated Excepted Benefits Coverage; 
     Level-Funded Plan Arrangements; and Tax Treatment of Certain 
     Accident and Health Insurance'' (88 Fed. Reg. 44596; 
     published on July 12, 2023) relating to modification of rules 
     regarding independent, noncoordinated excepted benefits 
     coverage or the tax treatment of employer reimbursements of 
     employee medical expenses under certain accident and health 
     plans.
                                 ______
                                 
  SA 1771. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) In this section, the term ``earmark'' means--
       (1) an item of Community Project Funding or Congressionally 
     Directed Spending in any table relating to Community Project 
     Funding/Congressionally Directed Spending that is referenced 
     in any division of this consolidated Act or the explanatory 
     statement described in section 4 of the matter preceding 
     division A of this Act; or
       (2) an item of Community Project Funding or Congressionally 
     Directed Spending specified in any provision of any division 
     of this consolidated Act or the explanatory statement 
     described in section 4 of the matter preceding division A of 
     this Act.
       (b) When each Member of Congress that requested an earmark 
     reads aloud the earmark on the floor of the House of Congress 
     of the Member, the amounts made available for such earmark 
     may be obligated and expended.
                                 ______
                                 
  SA 1772. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available by this Act may be made available to implement 
     or support any international convention, agreement, protocol, 
     legal instrument, or agreed outcome with legal force drafted 
     by any United Nations body, the World Health Assembly, or any 
     other intergovernmental negotiating body until such 
     instrument has been subject to the requirements of article 
     II, section 2, clause 2 of the Constitution of the United 
     States, which requires the advice and consent of the Senate, 
     with two-thirds of Senators concurring.
                                 ______
                                 
  SA 1773. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON USE OF DEPARTMENT OF DEFENSE FUNDS 
                   FOR WEAPONS FOR UKRAINE OF SAME TYPE AS WEAPONS 
                   PENDING DELIVERY TO TAIWAN.

       Notwithstanding any other provision of any division of this 
     Act, none of the funds appropriated or otherwise made 
     available for the Department of Defense may be used to enter 
     into contracts for the procurement, through the Ukraine 
     Security Assistance Initiative under section 1250(b) of the 
     National Defense Authorization Act for Fiscal Year 2016 
     (Public Law 114-92; 129 Stat. 1068), of weapons of the same 
     type as weapons pending delivery to Taiwan or other allies in 
     the Indo-Pacific region through the foreign military sales 
     process.
                                 ______
                                 
  SA 1774. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Steward L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

                         DIVISION__--REINS ACT

     SEC. __. SHORT TITLE.

       This division may be cited as the ``Regulations from the 
     Executive in Need of Scrutiny Act of 2024'' or the ``REINS 
     Act of 2024''.

     SEC. __. PURPOSE.

       The purpose of this division is to increase accountability 
     for and transparency in the Federal regulatory process. 
     Section 1 of article I of the United States Constitution 
     grants all legislative powers to Congress. Over time, 
     Congress has excessively delegated its constitutional charge 
     while failing to conduct appropriate oversight and retain 
     accountability for the content of the laws it passes. By 
     requiring a vote in Congress, the REINS Act will result in 
     more carefully drafted and detailed legislation, an improved 
     regulatory process, and a legislative branch that is truly 
     accountable to the American people for the laws imposed upon 
     them.

     SEC. __. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

       Chapter 8 of title 5, United States Code, is amended to 
     read as follows:

         ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor rules.
``804. Definitions.
``805. Judicial review.
``806. Exemption for monetary policy.
``807. Effective date of certain rules.
``808. Review of rules currently in effect.

     ``Sec. 801. Congressional review

       ``(a)(1)(A) Before a rule may take effect, the Federal 
     agency promulgating such rule shall publish in the Federal 
     Register a list of information on which the rule is based, 
     including data, scientific and economic studies, and cost-
     benefit analyses, and identify how the public can access such 
     information online, and shall submit to each House of the 
     Congress and to the Comptroller General a report containing--
       ``(i) a copy of the rule;
       ``(ii) a concise general statement relating to the rule;
       ``(iii) a finding, rendered in consultation with the 
     Administrator of the Office of Information and Regulatory 
     Affairs of the Office of Management and Budget, whether the 
     rule is a major or nonmajor rule, including an explanation of 
     the finding specifically addressing each criteria for a major 
     rule contained within subparagraphs (A) through (C) of 
     section 804(2);
       ``(iv) a list of any other related regulatory actions 
     intended to implement the same statutory provision or 
     regulatory objective as well as the individual and aggregate 
     economic effects of those actions;
       ``(v) the proposed effective date of the rule; and
       ``(vi) a statement of the constitutional authority 
     authorizing the agency to make the rule.
       ``(B) On the date of the submission of the report under 
     subparagraph (A), the Federal agency promulgating the rule 
     shall submit to the Comptroller General and make available to 
     each House of Congress (and to each committee of jurisdiction 
     in each House)--
       ``(i) a complete copy of the cost-benefit analysis of the 
     rule, if any, including an analysis of any jobs added or 
     lost, differentiating between public and private sector jobs;
       ``(ii) the agency's actions pursuant to sections 603, 604, 
     605, 607, and 609 of this title;
       ``(iii) the agency's actions pursuant to sections 202, 203, 
     204, and 205 of the Unfunded Mandates Reform Act of 1995;
       ``(iv) an estimate of the effect on inflation of the rule; 
     and
       ``(v) any other relevant information or requirements under 
     any other Act and any relevant Executive orders.
       ``(C) Upon receipt of a report submitted under subparagraph 
     (A), each House shall provide copies of the report to the 
     chairman and ranking member of each standing committee with 
     jurisdiction under the rules of the House of Representatives 
     or the Senate to report a bill to amend the provision of law 
     under which the rule is issued.
       ``(D) If requested in writing by a member of Congress--
       ``(i) the Comptroller General shall make a determination 
     whether an agency action qualifies as a rule for purposes of 
     this chapter, and shall submit to Congress this determination 
     not later than 60 days after the date of the request; and
       ``(ii) the Comptroller General, in consultation with the 
     Director of the Congressional Budget Office, shall make a 
     determination whether a rule is considered a major rule under 
     the provisions of this act, and shall submit to Congress this 
     determination not later than 90 days after the date of the 
     request.
     For purposes of this section, a determination under this 
     subparagraph shall be deemed to be a report under 
     subparagraph (A).
       ``(2)(A) The Comptroller General shall provide a report on 
     each major rule to the committees of jurisdiction by the end 
     of 15 calendar days after the submission or publication date. 
     The report of the Comptroller General shall include an 
     assessment of the agency's compliance with procedural steps 
     required by paragraph (1)(B) and an assessment of whether the 
     major rule imposes any new limits or mandates on private-
     sector activity.
       ``(B) Federal agencies shall cooperate with the Comptroller 
     General by providing information relevant to the Comptroller 
     General's report under subparagraph (A).
       ``(3) A major rule relating to a report submitted under 
     paragraph (1) shall take effect upon enactment of a joint 
     resolution of approval described in section 802 or as 
     provided for in the rule following enactment of a joint 
     resolution of approval described in section 802, whichever is 
     later.
       ``(4) A nonmajor rule shall take effect as provided by 
     section 803 after submission to Congress under paragraph (1).
       ``(5) If a joint resolution of approval relating to a major 
     rule is not enacted within the period provided in subsection 
     (b)(2), then a joint resolution of approval relating to the 
     same rule may not be considered under this chapter in the 
     same Congress by either the House of Representatives or the 
     Senate.

[[Page S2548]]

       ``(b)(1) A major rule shall not take effect unless the 
     Congress enacts a joint resolution of approval described 
     under section 802.
       ``(2) If a joint resolution described in subsection (a) is 
     not enacted into law by the end of 70 session days or 
     legislative days, as applicable, beginning on the date on 
     which the report referred to in subsection (a)(1)(A) is 
     received by Congress (excluding days either House of Congress 
     is adjourned for more than 3 days during a session of 
     Congress), then the rule described in that resolution shall 
     be deemed not to be approved and such rule shall not take 
     effect.
       ``(c)(1) Notwithstanding any other provision of this 
     section (except subject to paragraph (3)), a major rule may 
     take effect for one 90-calendar-day period if the President 
     makes a determination under paragraph (2) and submits written 
     notice of such determination to the Congress.
       ``(2) Paragraph (1) applies to a determination made by the 
     President by Executive order that the major rule should take 
     effect because such rule is--
       ``(A) necessary because of an imminent threat to health or 
     safety or other emergency;
       ``(B) necessary for the enforcement of criminal laws;
       ``(C) necessary for national security; or
       ``(D) issued pursuant to any statute implementing an 
     international trade agreement.
       ``(3) An exercise by the President of the authority under 
     this subsection shall have no effect on the procedures under 
     section 802.
       ``(d)(1) In addition to the opportunity for review 
     otherwise provided under this chapter, in the case of any 
     rule for which a report was submitted in accordance with 
     subsection (a)(1)(A) during the period beginning on the date 
     occurring--
       ``(A) in the case of the Senate, 60 session days; or
       ``(B) in the case of the House of Representatives, 60 
     legislative days,
     before the date the Congress is scheduled to adjourn a 
     session of Congress through the date on which the same or 
     succeeding Congress first convenes its next session, sections 
     802 and 803 shall apply to such rule in the succeeding 
     session of Congress.
       ``(2)(A) In applying sections 802 and 803 for purposes of 
     such additional review, a rule described under paragraph (1) 
     shall be treated as though--
       ``(i) such rule were published in the Federal Register on--
       ``(I) in the case of the Senate, the 15th session day; or
       ``(II) in the case of the House of Representatives, the 
     15th legislative day,
     after the succeeding session of Congress first convenes; and
       ``(ii) a report on such rule were submitted to Congress 
     under subsection (a)(1) on such date.
       ``(B) Nothing in this paragraph shall be construed to 
     affect the requirement under subsection (a)(1) that a report 
     shall be submitted to Congress before a rule can take effect.
       ``(3) A rule described under paragraph (1) shall take 
     effect as otherwise provided by law (including other 
     subsections of this section).

     ``Sec. 802. Congressional approval procedure for major rules

       ``(a)(1) For purposes of this section, the term `joint 
     resolution' means only a joint resolution addressing a report 
     classifying a rule as major pursuant to section 
     801(a)(1)(A)(iii) that--
       ``(A) bears no preamble;
       ``(B) bears the following title (with blanks filled as 
     appropriate): `Approving the rule submitted by ___ relating 
     to ___.';
       ``(C) includes after its resolving clause only the 
     following (with blanks filled as appropriate): `That Congress 
     approves the rule submitted by ___ relating to ___.'; and
       ``(D) is introduced pursuant to paragraph (2).
       ``(2) After a House of Congress receives a report 
     classifying a rule as major pursuant to section 
     801(a)(1)(A)(iii), the majority leader of that House (or his 
     or her respective designee) shall introduce (by request, if 
     appropriate) a joint resolution described in paragraph (1)--
       ``(A) in the case of the House of Representatives, within 3 
     legislative days; and
       ``(B) in the case of the Senate, within 3 session days.
       ``(3) A joint resolution described in paragraph (1) shall 
     not be subject to amendment at any stage of proceeding.
       ``(b) A joint resolution described in subsection (a) shall 
     be referred in each House of Congress to the committees 
     having jurisdiction over the provision of law under which the 
     rule is issued.
       ``(c) In the Senate, if the committee or committees to 
     which a joint resolution described in subsection (a) has been 
     referred have not reported it at the end of 15 session days 
     after its introduction, such committee or committees shall be 
     automatically discharged from further consideration of the 
     resolution and it shall be placed on the calendar. A vote on 
     final passage of the resolution shall be taken on or before 
     the close of the 15th session day after the resolution is 
     reported by the committee or committees to which it was 
     referred, or after such committee or committees have been 
     discharged from further consideration of the resolution.
       ``(d)(1) In the Senate, when the committee or committees to 
     which a joint resolution is referred have reported, or when a 
     committee or committees are discharged (under subsection (c)) 
     from further consideration of a joint resolution described in 
     subsection (a), it is at any time thereafter in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for a motion to proceed to the consideration of 
     the joint resolution, and all points of order against the 
     joint resolution (and against consideration of the joint 
     resolution) are waived. The motion is not subject to 
     amendment, or to a motion to postpone, or to a motion to 
     proceed to the consideration of other business. A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order. If a motion to proceed to 
     the consideration of the joint resolution is agreed to, the 
     joint resolution shall remain the unfinished business of the 
     Senate until disposed of.
       ``(2) In the Senate, debate on the joint resolution, and on 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 2 hours, which shall be 
     divided equally between those favoring and those opposing the 
     joint resolution. A motion to further limit debate is in 
     order and not debatable. An amendment to, or a motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the joint resolution 
     is not in order.
       ``(3) In the Senate, immediately following the conclusion 
     of the debate on a joint resolution described in subsection 
     (a), and a single quorum call at the conclusion of the debate 
     if requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       ``(4) Appeals from the decisions of the Chair relating to 
     the application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       ``(e) In the House of Representatives, if any committee to 
     which a joint resolution described in subsection (a) has been 
     referred has not reported it to the House at the end of 15 
     legislative days after its introduction, such committee shall 
     be discharged from further consideration of the joint 
     resolution, and it shall be placed on the appropriate 
     calendar. On the second and fourth Thursdays of each month it 
     shall be in order at any time for the Speaker to recognize a 
     Member who favors passage of a joint resolution that has 
     appeared on the calendar for at least 5 legislative days to 
     call up that joint resolution for immediate consideration in 
     the House without intervention of any point of order. When so 
     called up a joint resolution shall be considered as read and 
     shall be debatable for 1 hour equally divided and controlled 
     by the proponent and an opponent, and the previous question 
     shall be considered as ordered to its passage without 
     intervening motion. It shall not be in order to reconsider 
     the vote on passage. If a vote on final passage of the joint 
     resolution has not been taken by the third Thursday on which 
     the Speaker may recognize a Member under this subsection, 
     such vote shall be taken on that day.
       ``(f)(1) If, before passing a joint resolution described in 
     subsection (a), one House receives from the other a joint 
     resolution having the same text, then--
       ``(A) the joint resolution of the other House shall not be 
     referred to a committee; and
       ``(B) the procedure in the receiving House shall be the 
     same as if no joint resolution had been received from the 
     other House until the vote on passage, when the joint 
     resolution received from the other House shall supplant the 
     joint resolution of the receiving House.
       ``(2) This subsection shall not apply to the House of 
     Representatives if the joint resolution received from the 
     Senate is a revenue measure.
       ``(g) If either House has not taken a vote on final passage 
     of the joint resolution by the last day of the period 
     described in section 801(b)(2), then such vote shall be taken 
     on that day.
       ``(h) This section and section 803 are enacted by 
     Congress--
       ``(1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such are 
     deemed to be part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in that House in the case of a joint resolution 
     described in subsection (a) and superseding other rules only 
     where explicitly so; and
       ``(2) with full recognition of the constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner 
     and to the same extent as in the case of any other rule of 
     that House.

     ``Sec. 803. Congressional disapproval procedure for nonmajor 
       rules

       ``(a) For purposes of this section, the term `joint 
     resolution' means only a joint resolution introduced in the 
     period beginning on the date on which the report referred to 
     in section 801(a)(1)(A) is received by Congress and ending 60 
     days thereafter (excluding days either House of Congress is 
     adjourned for more than 3 days during a session of Congress), 
     the matter after the resolving clause of which is as follows: 
     `That Congress disapproves the nonmajor rule submitted by the 
     ___ relating to ___, and such rule shall have no force or 
     effect.' (The blank spaces being appropriately filled in).
       ``(b) A joint resolution described in subsection (a) shall 
     be referred to the committees in each House of Congress with 
     jurisdiction.

[[Page S2549]]

       ``(c) In the Senate, if the committee to which is referred 
     a joint resolution described in subsection (a) has not 
     reported such joint resolution (or an identical joint 
     resolution) at the end of 15 session days after the date of 
     introduction of the joint resolution, such committee may be 
     discharged from further consideration of such joint 
     resolution upon a petition supported in writing by 30 Members 
     of the Senate, and such joint resolution shall be placed on 
     the calendar.
       ``(d)(1) In the Senate, when the committee to which a joint 
     resolution is referred has reported, or when a committee is 
     discharged (under subsection (c)) from further consideration 
     of a joint resolution described in subsection (a), it is at 
     any time thereafter in order (even though a previous motion 
     to the same effect has been disagreed to) for a motion to 
     proceed to the consideration of the joint resolution, and all 
     points of order against the joint resolution (and against 
     consideration of the joint resolution) are waived. The motion 
     is not subject to amendment, or to a motion to postpone, or 
     to a motion to proceed to the consideration of other 
     business. A motion to reconsider the vote by which the motion 
     is agreed to or disagreed to shall not be in order. If a 
     motion to proceed to the consideration of the joint 
     resolution is agreed to, the joint resolution shall remain 
     the unfinished business of the Senate until disposed of.
       ``(2) In the Senate, debate on the joint resolution, and on 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 10 hours, which shall be 
     divided equally between those favoring and those opposing the 
     joint resolution. A motion to further limit debate is in 
     order and not debatable. An amendment to, or a motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the joint resolution 
     is not in order.
       ``(3) In the Senate, immediately following the conclusion 
     of the debate on a joint resolution described in subsection 
     (a), and a single quorum call at the conclusion of the debate 
     if requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       ``(4) Appeals from the decisions of the Chair relating to 
     the application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       ``(e) In the Senate, the procedure specified in subsection 
     (c) or (d) shall not apply to the consideration of a joint 
     resolution respecting a nonmajor rule--
       ``(1) after the expiration of the 60 session days beginning 
     with the applicable submission or publication date; or
       ``(2) if the report under section 801(a)(1)(A) was 
     submitted during the period referred to in section 801(d)(1), 
     after the expiration of the 60 session days beginning on the 
     15th session day after the succeeding session of Congress 
     first convenes.
       ``(f) If, before the passage by one House of a joint 
     resolution of that House described in subsection (a), that 
     House receives from the other House a joint resolution 
     described in subsection (a), then the following procedures 
     shall apply:
       ``(1) The joint resolution of the other House shall not be 
     referred to a committee.
       ``(2) With respect to a joint resolution described in 
     subsection (a) of the House receiving the joint resolution--
       ``(A) the procedure in that House shall be the same as if 
     no joint resolution had been received from the other House; 
     but
       ``(B) the vote on final passage shall be on the joint 
     resolution of the other House.

     ``Sec. 804. Definitions

       ``For purposes of this chapter:
       ``(1) The term `Federal agency' means any agency as that 
     term is defined in section 551(1).
       ``(2) The term `major rule' means any rule, including an 
     interim final rule, that the Administrator of the Office of 
     Information and Regulatory Affairs of the Office of 
     Management and Budget or the Federal agency promulgating such 
     rule finds has resulted in or is likely to result in--
       ``(A) an annual effect on the economy of $100 million or 
     more;
       ``(B) a major increase in costs or prices for consumers, 
     individual industries, Federal, State, or local government 
     agencies, or geographic regions;
       ``(C) significant adverse effects on competition, 
     employment, investment, productivity, innovation, or the 
     ability of United States-based enterprises to compete with 
     foreign-based enterprises in domestic and export markets; or
       ``(D) in an increase in mandatory vaccinations.
       ``(3) The term `nonmajor rule' means any rule that is not a 
     major rule.
       ``(4) The term `rule' has the meaning given such term in 
     section 551, except that such term--
       ``(A) includes interpretative rules, general statements of 
     policy, and all other agency guidance documents; and
       ``(B) does not include--
       ``(i) any rule of particular applicability, including a 
     rule that approves or prescribes for the future rates, wages, 
     prices, services, or allowances therefore, corporate or 
     financial structures, reorganizations, mergers, or 
     acquisitions thereof, or accounting practices or disclosures 
     bearing on any of the foregoing;
       ``(ii) any rule relating to agency management or personnel; 
     or
       ``(iii) any rule of agency organization, procedure, or 
     practice that does not substantially affect the rights or 
     obligations of non-agency parties.
       ``(5) The term `submission or publication date', except as 
     otherwise provided in this chapter, means--
       ``(A) in the case of a major rule, the date on which the 
     Congress receives the report submitted under section 
     801(a)(1); and
       ``(B) in the case of a nonmajor rule, the later of--
       ``(i) the date on which the Congress receives the report 
     submitted under section 801(a)(1); and
       ``(ii) the date on which the nonmajor rule is published in 
     the Federal Register, if so published.

     ``Sec. 805. Judicial review

       ``(a) No determination, finding, action, or omission under 
     this chapter shall be subject to judicial review.
       ``(b) Notwithstanding subsection (a), a court may determine 
     whether a Federal agency has completed the necessary 
     requirements under this chapter for a rule to take effect.
       ``(c) The enactment of a joint resolution of approval under 
     section 802 shall not be interpreted to serve as a grant or 
     modification of statutory authority by Congress for the 
     promulgation of a rule, shall not extinguish or affect any 
     claim, whether substantive or procedural, against any alleged 
     defect in a rule, and shall not form part of the record 
     before the court in any judicial proceeding concerning a rule 
     except for purposes of determining whether or not the rule is 
     in effect.

     ``Sec. 806. Exemption for monetary policy

       ``Nothing in this chapter shall apply to rules that concern 
     monetary policy proposed or implemented by the Board of 
     Governors of the Federal Reserve System or the Federal Open 
     Market Committee.

     ``Sec. 807. Effective date of certain rules

       ``Notwithstanding section 801--
       ``(1) any rule that establishes, modifies, opens, closes, 
     or conducts a regulatory program for a commercial, 
     recreational, or subsistence activity related to hunting, 
     fishing, or camping; or
       ``(2) any rule other than a major rule which an agency for 
     good cause finds (and incorporates the finding and a brief 
     statement of reasons therefore in the rule issued) that 
     notice and public procedure thereon are impracticable, 
     unnecessary, or contrary to the public interest,
     shall take effect at such time as the Federal agency 
     promulgating the rule determines.

     ``Sec. 808. Review of rules currently in effect

       ``(a) Annual Review.--Beginning on the date that is 6 
     months after the date of enactment of this section and 
     annually thereafter for the 4 years following, each agency 
     shall designate not less than 20 percent of eligible rules 
     made by that agency for review, and shall submit a report 
     including each such eligible rule in the same manner as a 
     report under section 801(a)(1). Section 801, section 802, and 
     section 803 shall apply to each such rule, subject to 
     subsection (c) of this section. No eligible rule previously 
     designated may be designated again.
       ``(b) Sunset for Eligible Rules Not Extended.--Beginning 
     after the date that is 5 years after the date of enactment of 
     this section, if Congress has not enacted a joint resolution 
     of approval for that eligible rule, that eligible rule shall 
     not continue in effect.
       ``(c) Approval of Rules.--
       ``(1) Unless Congress approves all eligible rules 
     designated by executive agencies for review within 90 days of 
     designation, they shall have no effect.
       ``(2) A single joint resolution of approval shall apply to 
     all eligible rules in a report designated for a year as 
     follows: `That Congress approves the rules submitted by 
     the___ for the year ___.' (The blank spaces being 
     appropriately filled in).
       ``(3) A member of either House may move that a separate 
     joint resolution be required for a specified rule.
       ``(d) Definition.--In this section, the term `eligible 
     rule' means a rule that is in effect as of the date of 
     enactment of this section.''.

     SEC. __. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802 OF 
                   TITLE 5, UNITED STATES CODE.

       Section 257(b)(2) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 907(b)(2)) is amended 
     by adding at the end the following new subparagraph:
       ``(E) Budgetary effects of rules subject to section 802 of 
     title 5, united states code.--Any rule subject to the 
     congressional approval procedure set forth in section 802 of 
     chapter 8 of title 5, United States Code, affecting budget 
     authority, outlays, or receipts shall be assumed to be 
     effective unless it is not approved in accordance with such 
     section.''.

     SEC. __. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study to determine, as of the date of 
     the enactment of this Act--
       (1) how many rules (as such term is defined in section 804 
     of title 5, United States Code) were in effect;
       (2) how many major rules (as such term is defined in 
     section 804 of title 5, United States Code) were in effect; 
     and
       (3) the total estimated economic cost imposed by all such 
     rules.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States

[[Page S2550]]

     shall submit a report (and publish the report on the website 
     of the Comptroller General) to Congress that contains the 
     findings of the study conducted under subsection (a).
                                 ______
                                 
  SA 1775. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. CENTRAL BANK DIGITAL CURRENCY.

       None of the funds made available by this Act may be used to 
     mint a central bank digital currency or carry out a central 
     bank digital currency pilot program.
                                 ______
                                 
  SA 1776. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  Section 1017 of the Consumer Financial 
     Protection Act of 2010 (12 U.S.C. 5497) is amended--
       (1) in subsection (a)--
       (A) by amending the subsection heading to read as follows: 
     ``Budget, Financial Management, and Audit'';
       (B) by striking paragraphs (1), (2), and (3);
       (C) by redesignating paragraphs (4) and (5) as paragraphs 
     (1) and (2), respectively; and
       (D) in paragraph (1), as so redesignated, by striking 
     subparagraphs (E) and (F);
       (2) by striking subsections (b) and (c);
       (3) by redesignating subsections (d) and (e) as subsections 
     (b) and (c), respectively; and
       (4) in subsection (c), as so redesignated--
       (A) by striking paragraphs (1), (2), and (3) and inserting 
     the following:
       ``(1) Authorization of appropriations.--There is authorized 
     to be appropriated to the Bureau $650,000,000 for fiscal year 
     2024 to carry out the authorities of the Bureau.''; and
       (B) by redesignating paragraph (4) as paragraph (2).
       Sec. ___. (a) The Consumer Financial Protection Act of 2010 
     (12 U.S.C. 5481 et seq.) is amended--
       (1) in section 1011 (12 U.S.C. 5491)--
       (A) in subsection (a)--
       (i) by striking ``in the Federal Reserve System,''; and
       (ii) by striking ``independent bureau'' and inserting 
     ``independent agency'';
       (B) by striking subsections (b), (c), and (d);
       (C) by redesignating subsection (e) as subsection (j);
       (D) by inserting after subsection (a) the following:
       ``(b) Authority to Prescribe Regulations.--The commission 
     of the Bureau--
       ``(1) may prescribe such regulations and issue such orders 
     in accordance with this title as the Bureau may determine to 
     be necessary for carrying out this title and all other laws 
     within the jurisdiction of the Bureau; and
       ``(2) shall exercise any authorities granted under this 
     title and all other laws within the jurisdiction of the 
     Bureau.
       ``(c) Composition of the Commission.--
       ``(1) In general.--The management of the Bureau shall be 
     vested in a commission (referred to in this section as the 
     `commission'), which shall be composed of 5 members who shall 
     be appointed by the President, by and with the advice and 
     consent of the Senate, and at least 2 of whom shall have 
     private sector experience in the provision of consumer 
     financial products and services.
       ``(2) Staggering.--The members of the commission shall 
     serve staggered terms, which initially shall be established 
     by the President for terms of 1, 2, 3, 4, and 5 years, 
     respectively.
       ``(3) Terms.--
       ``(A) In general.--Except with respect to the initial 
     staggered terms described in paragraph (2), each member of 
     the commission, including the Chair, shall serve for a term 
     of 5 years.
       ``(B) Removal.--The President may remove any member of the 
     commission for inefficiency, neglect of duty, or malfeasance 
     in office.
       ``(C) Vacancies.--Any member of the commission appointed to 
     fill a vacancy occurring before the expiration of the term to 
     which that member's predecessor was appointed (including the 
     Chair) shall be appointed only for the remainder of the term.
       ``(D) Continuation of service.--Each member of the 
     commission may continue to serve after the expiration of the 
     term of office to which that member was appointed until a 
     successor has been appointed by the President and confirmed 
     by the Senate, except that a member may not continue to serve 
     more than 1 year after the date on which the term of that 
     member would otherwise expire.
       ``(E) Other employment prohibited.--No member of the 
     commission shall engage in any other business, vocation, or 
     employment.
       ``(d) Affiliation.--Not more than 3 members of the 
     commission shall be members of any 1 political party.
       ``(e) Chair of the Commission.--
       ``(1) Initial chair.--The first member and Chair of the 
     commission shall be the individual serving as Director of the 
     Bureau of Consumer Financial Protection on the day before the 
     date of enactment of this subsection. Such individual shall 
     serve until the President has appointed all 5 members of the 
     commission in accordance with subsection (c).
       ``(2) Subsequent chair.--Of the 5 members appointed in 
     accordance with subsection (c), the President shall appoint 1 
     member to serve as the subsequent Chair of the commission.
       ``(3) Authority.--The Chair shall be the principal 
     executive officer of the commission, and shall exercise all 
     of the executive and administrative functions of the 
     commission, including with respect to--
       ``(A) the appointment and supervision of personnel employed 
     under the commission (other than personnel employed regularly 
     and full time in the immediate offices of members of the 
     commission other than the Chair);
       ``(B) the distribution of business among personnel 
     appointed and supervised by the Chair and among 
     administrative units of the commission; and
       ``(C) the use and expenditure of funds.
       ``(4) Limitation.--In carrying out any of the functions of 
     the Chair under this subsection, the Chair shall be governed 
     by general policies of the commission and by such regulatory 
     decisions, findings, and determinations as the commission may 
     by law be authorized to make.
       ``(5) Requests or estimates related to appropriations.--
     Requests or estimates for regular, supplemental, or 
     deficiency appropriations on behalf of the commission may not 
     be submitted by the Chair without the prior approval of the 
     commission.
       ``(6) Designation.--The Chair shall be known as both the 
     `Chair of the commission' of the Bureau and the `Chair of the 
     Bureau'.
       ``(f) Initial Quorum Established.--For the 6 month period 
     beginning on the date of enactment of this subsection, the 
     first member and Chair of the commission described in 
     subsection (e)(1) shall constitute a quorum for the 
     transaction of business until the President has appointed all 
     5 members of the commission in accordance with subsection 
     (c). Following such appointment of 5 members, the quorum 
     requirements of subsection (g) shall apply.
       ``(g) No Impairment by Reason of Vacancies.--No vacancy in 
     the members of the commission after the establishment of an 
     initial quorum under subsection (f) shall impair the right of 
     the remaining members of the commission to exercise all the 
     powers of the commission. Three members of the commission 
     shall constitute a quorum for the transaction of business, 
     except that if there are only 3 members serving on the 
     commission because of vacancies in the commission, 2 members 
     of the commission shall constitute a quorum for the 
     transaction of business. If there are only 2 members serving 
     on the commission because of vacancies in the commission, 2 
     members shall constitute a quorum for the 6-month period 
     beginning on the date of the vacancy which caused the number 
     of commission members to decline to 2.
       ``(h) Seal.--The Bureau shall have an official seal.
       ``(i) Compensation.--
       ``(1) Chair.--The Chair shall receive compensation at the 
     annual rate of basic pay prescribed for level I of the 
     Executive Schedule under section 5313 of title 5, United 
     States Code.
       ``(2) Other members of the commission.--The 4 other members 
     of the commission shall each receive compensation at the 
     annual rate of basic pay prescribed for level II of the 
     Executive Schedule under section 5314 of title 5, United 
     States Code.''; and
       (E) in subsection (j), as so redesignated, in the second 
     sentence, by striking ``, including in cities in which the 
     Federal reserve banks, or branches of such banks, are 
     located,'';
       (2) in section 1012(c) (12 U.S.C. 5492(c))--
       (A) in the subsection heading, by striking ``Autonomy of 
     the Bureau'' and inserting ``Coordination With the Board of 
     Governors'';
       (B) by striking paragraphs (2), (3), (4), and (5); and
       (C) by striking ``Governors'' in the subsection heading, as 
     amended by this subsection, and all that follows through 
     ``Notwithstanding any'' in paragraph (1) and inserting the 
     following:``Governors.--Notwithstanding any''; and
       (3) in section 1014(b) (12 U.S.C. 5494(b)), by striking the 
     second sentence and inserting the following: ``Not fewer than 
     \1/2\ of all members shall have private sector experience in 
     the provision of consumer financial products and services.''.
       (b) Any reference in a law, regulation, document, paper, or 
     other record of the United States to the Director of the 
     Bureau of Consumer Financial Protection, except in subsection 
     (e)(1) of section 1011 of the Consumer Financial Protection 
     Act of 2010 (12 U.S.C. 5491), as added by this Act, shall be 
     deemed a reference to the commission leading and governing 
     the Bureau of Consumer Financial Protection, as described in 
     such section 1011, as amended by this Act.
       (c)(1)(A) Except as provided in subparagraph (B), the 
     Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et 
     seq.) is amended--
       (i) by striking ``Director of the Bureau'' each place that 
     term appears, other than

[[Page S2551]]

     where that term is used to refer to a Director other than the 
     Director of the Bureau of Consumer Financial Protection, and 
     inserting ``Bureau'';
       (ii) by striking ``Director'' each place that term appears 
     and inserting ``Bureau'', other than where that term is used 
     to refer to a Director other than the Director of the Bureau 
     of Consumer Financial Protection; and
       (iii) in section 1002 (12 U.S.C. 5481), by striking 
     paragraph (10).
       (B)(i) The Consumer Financial Protection Act of 2010 (12 
     U.S.C. 5481 et seq.) is amended--
       (I) in section 1013 (12 U.S.C. 5493)--
       (aa) in subsection (c)(3)--
       (AA) by striking ``Assistant Director of the Bureau for'' 
     and inserting ``Head of the Office of''; and
       (BB) in subparagraph (B), by striking ``Assistant 
     Director'' and inserting ``Head of the Office''; and
       (bb) in subsection (g)(2)--
       (AA) in the paragraph heading, by striking ``Assistant 
     director'' and inserting ``Head of the office''; and
       (BB) by striking ``an assistant director'' and inserting 
     ``a Head of the Office of Financial Protection for Older 
     Americans'';
       (II) in section 1016(a) (12 U.S.C. 5496(a)), by striking 
     ``Director of the Bureau'' and inserting ``Chair of the 
     Bureau''; and
       (III) by striking section 1066 (12 U.S.C. 5586).
       (ii) The table of contents in section 1(b) of the Dodd-
     Frank Wall Street Reform and Consumer Protection Act (Public 
     Law 111-203) is amended by striking the item relating to 
     section 1066.
       (2) The Dodd-Frank Wall Street Reform and Consumer 
     Protection Act (12 U.S.C. 5301 et seq.) is amended--
       (A) in section 111(b)(1)(D) (12 U.S.C. 5321(b)(1)(D)), by 
     striking ``Director'' and inserting ``Chair''; and
       (B) in section 1447 (12 U.S.C. 1701p-2), by striking 
     ``Director of the Bureau'' each place that term appears and 
     inserting ``Chair of the Bureau''.
       (3) Section 921(a)(4)(C) of the Electronic Fund Transfer 
     Act (15 U.S.C. 1693o-2(a)(4)(C)) is amended by striking 
     ``Director of the Bureau of Consumer Financial Protection'' 
     and inserting ``Chair of the Bureau of Consumer Financial 
     Protection''.
       (4) The Expedited Funds Availability Act (12 U.S.C. 4001 et 
     seq.) is amended by striking ``Director of the Bureau'' each 
     place that term appears and inserting ``Bureau''.
       (5) Section 2 of the Federal Deposit Insurance Act (12 
     U.S.C. 1812) is amended by striking ``Director of the 
     Consumer Financial Protection Bureau'' each place that term 
     appears and inserting ``Chair of the Bureau of Consumer 
     Financial Protection''.
       (6) Section 1004(a)(4) of the Federal Financial 
     Institutions Examination Council Act of 1978 (12 U.S.C. 
     3303(a)(4)) is amended by striking ``Director of the Consumer 
     Financial Protection Bureau'' and inserting ``Chair of the 
     Bureau of Consumer Financial Protection''.
       (7) Section 513 of the Financial Literacy and Education 
     Improvement Act (20 U.S.C. 9702) is amended by striking 
     ``Director'' each place that term appears and inserting 
     ``Chair''.
       (8) Section 307 of the Home Mortgage Disclosure Act of 1975 
     (12 U.S.C. 2806 et seq) is amended by striking ``Director of 
     the Bureau of Consumer Financial Protection'' each place that 
     term appears and inserting ``Bureau of Consumer Financial 
     Protection''.
       (9) The Interstate Land Sales Full Disclosure Act (15 
     U.S.C. 1701 et seq) is amended--
       (A) in section 1402 (15 U.S.C. 1701)--
       (i) by striking paragraph (1); and
       (ii) by redesignating paragraphs (2) through (12) as 
     paragraphs (1) through (11), respectively;
       (B) in section 1403(c) (15 U.S.C. 1702(c))--
       (i) by striking ``him'' and inserting ``the Bureau''; and
       (ii) by striking ``he'' and inserting ``the Bureau'';
       (C) in section 1407 (15 U.S.C. 1706)--
       (i) in subsection (c), by striking ``he'' and inserting 
     ``the Bureau''; and
       (ii) in subsection (e), by striking ``Director or anyone 
     designated by him'' and inserting ``Bureau'';
       (D) in section 1411(a) (15 U.S.C. 1710(a))--
       (i) by striking ``his findings'' and inserting ``the 
     findings of the Bureau''; and
       (ii) by striking ``his recommendation'' and inserting ``the 
     recommendation of the Bureau'';
       (E) in section 1415 (15 U.S.C. 1714)--
       (i) in subsection (a), by striking ``he may, in his 
     discretion,'' and inserting ``the Bureau may, in the 
     discretion of the Bureau,'';
       (ii) in subsection (b)--
       (I) by striking ``in his discretion'' each place that term 
     appears and inserting ``in the discretion of the Bureau'';
       (II) by striking ``he deems'' and inserting ``the Bureau 
     determines''; and
       (III) by striking ``he may deem'' and inserting ``the 
     Bureau may determine''; and
       (iii) in subsection (c), by striking ``the Director, or any 
     officer designated by him,'' and inserting ``the Bureau'';
       (F) in section 1416(a) (15 U.S.C. 1715(a))--
       (i) by striking ``Director of the Bureau of Consumer 
     Financial Protection who may delegate any of his'' and 
     inserting ``Bureau of Consumer Financial Protection, which 
     may delegate any'';
       (ii) by striking ``his administrative'' and inserting 
     ``administrative''; and
       (iii) by striking ``himself'' and inserting ``the 
     commission of the Bureau'';
       (G) in section 1418a(b)(4) (15 U.S.C. 1717a(b)(4)), by 
     striking ``Secretary's determination'' and inserting 
     ``determination of the Bureau''; and
       (H) by striking ``Director'' each place that term appears 
     and inserting ``Bureau''.
       (10) Section 5 of the Real Estate Settlement Procedures Act 
     of 1974 (12 U.S.C. 2604) is amended--
       (A) by striking ``The Director of the Bureau of Consumer 
     Financial Protection (hereafter in this section referred to 
     as the `Director')'' and inserting ``The Bureau of Consumer 
     Financial Protection (hereafter in this section referred to 
     as the `Bureau')''; and
       (B) by striking ``Director'' each place that term appears 
     and inserting ``Bureau''.
       (11) The S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 
     5101 et seq.) is amended--
       (A) by striking ``Director'' each place that term appears 
     in headings and text and inserting ``Bureau of Consumer 
     Financial Protection''; and
       (B) in section 1503 (12 U.S.C. 5102), by striking paragraph 
     (10).
       (12) Section 3513(c) of title 44, United States Code, is 
     amended by striking ``Director of the''.
                                 ______
                                 
  SA 1777. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. BENEFICIAL OWNERSHIP.

       None of the funds made available under this Act may be used 
     by the Financial Crimes Enforcement Network to--
       (1) request or gather beneficial ownership information 
     under section 5336 of title 31, United States Code; or
       (2) carry out regulations prescribed under section 6403 of 
     the Corporate Transparency Act (title LXIV of division F of 
     the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (Public Law 116-283; 
     134 Stat. 4605)) or amendments made by that section.
                                 ______
                                 
  SA 1778. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds made available by any division 
     of this Act may be used for any Federal agency if that 
     Federal agency receives an appropriation through an Act of 
     Congress for implementing provisions of Executive Order 14019 
     (86 Fed. Reg. 13623; relating to promoting access to voting).
                                 ______
                                 
  SA 1779. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place in division B, insert the 
     following:

     SEC. __. PROHIBITION ON FUNDING DIVERSITY, EQUITY, AND 
                   INCLUSION OFFICES.

       None of the funds appropriated under this division of this 
     Act may be used for any activity of the Office of Diversity, 
     Equity, Inclusion, and Accessibility in the Department of the 
     Treasury, the Office of Equity, Diversity & Inclusion of the 
     Internal Revenue Service, and the Office of Diversity, 
     Inclusion and Civil Rights of the Small Business 
     Administration.
                                 ______
                                 
  SA 1780. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. _____.  None of the funds made available by this Act 
     may be used for the Climate Hub of the Department of the 
     Treasury.

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