[Congressional Record Volume 170, Number 79 (Tuesday, May 7, 2024)]
[Senate]
[Pages S3507-S3562]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2001. Mr. MARSHALL (for himself and Mrs. Blackburn) submitted an 
amendment intended to be proposed to amendment SA 1911 proposed by Ms. 
Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) to the 
bill H.R. 3935, to amend title 49, United States Code, to reauthorize 
and improve the Federal Aviation Administration and other civil 
aviation programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PLACEMENT ON NO FLY LIST OF INDIVIDUALS BASED ON 
                   DISCIPLINARY ACTIONS RELATING TO SUPPORTING 
                   TERRORISTS.

       (a) Definition of Institution of Higher Education.--In this 
     section, the term ``institution of higher education'' has the 
     meaning given the term in section 102 of the Higher Education 
     Act of 1965 (20 U.S.C. 1002).
       (b) Placement on No Fly List.--The Director of the Federal 
     Bureau of Investigation shall place on the No Fly List 
     maintained by the Terrorist Screening Center--
       (1) any individual who has openly pledged support for, or 
     espoused allegiance or affiliation to, any organization that 
     has been designated as a foreign terrorist organization by 
     the Secretary of State under section 219 of the Immigration 
     and Nationality Act (8 U.S.C. 1189), including--
       (A) the Islamic Revolutionary Guard Corps (IRGC);
       (B) HAMAS;
       (C) the Al-Aqsa Martyrs Brigade (AAMB);
       (D) Hizballah;
       (E) Palestine Islamic Jihad (PIJ);
       (F) the Palestine Liberation Front (PLF);
       (G) the Popular Front for the Liberation of Palestine 
     (PFLP);
       (H) Kata'ib Hizballah (KH);
       (I) the Abdallah Azzam Brigades; and
       (J) the al-Ashtar Brigades;
       (2) any individual who solicits, commands, induces, or 
     otherwise endeavors to persuade another person to engage in a 
     crime of violence against a Jewish person or the Jewish 
     people because of their race or religion;
       (3) any student enrolled at an institution of higher 
     education who has been the subject of a disciplinary action 
     by the institution of higher education relating to conduct 
     described in paragraph (1) or (2); and
       (4) any professor employed by an institution of higher 
     education who has been the subject of a disciplinary action 
     by the institution of higher education relating to conduct 
     described in paragraph (1) or (2).
                                 ______
                                 
  SA 2002. Mr. CRAPO (for himself, Mr. Wyden, Mr. Risch, and Mr. 
Merkley) submitted an amendment intended to be proposed to amendment SA 
1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms. Duckworth, 
and Mr. Moran) to the bill H.R. 3935, to amend title 49, United States 
Code, to reauthorize and improve the Federal Aviation Administration 
and other civil aviation programs, 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 2003. Mr. GRASSLEY (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed to amendment SA 1911 proposed by Ms. 
Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) to the 
bill H.R. 3935, to amend title 49, United States Code, to reauthorize 
and improve the Federal Aviation Administration and other civil 
aviation programs, and for other purposes; which was ordered to lie on 
the table; as follows:


[[Page S3508]]


  

       At the appropriate place, insert the following:

     SEC. ___. IMPLEMENTATION OF ANTI-TERRORIST AND NARCOTIC AIR 
                   EVENTS PROGRAMS.

       (a) Implementation.--
       (1) Priority recommendations.--Not later than 180 days 
     after the date of enactment of this section, the 
     Administrator shall--
       (A) implement recommendations 6, 13, 14, and 15 as set 
     forth in the Government Accountability Office report entitled 
     ``Aviation: FAA Needs to Better Prevent, Detect, and Respond 
     to Fraud and Abuse Risks in Aircraft Registration,'' (dated 
     March 25, 2020); and
       (B) to the extent that rulemaking is necessary to implement 
     such recommendations, issue a notice of proposed rulemaking 
     pursuant to the rulemaking authority of the FAA.
       (2) Remaining recommendations.--The Administrator shall 
     implement recommendations 1 through 5 and 8 through 12 as set 
     forth in the Government Accountability Office report 
     described in paragraph (1) and, to the extent that rulemaking 
     is necessary to implement such recommendations, issue a 
     notice of proposed rulemaking pursuant to the rulemaking 
     authority of the FAA, on the earlier of--
       (A) the date that is 90 days after the date on which the 
     FAA implements the Civil Aviation Registry Electronic 
     Services system; or
       (B) January 1, 2026.
       (b) Reports.--
       (1) Priority recommendations.--Not later than 60 days after 
     the date on which the Administrator implements the 
     recommendations under subsection (a)(1), the Administrator 
     shall submit to the Committees on the Judiciary and Commerce, 
     Science, and Transportation of the Senate, the Committees on 
     the Judiciary and Energy and Commerce of the House of 
     Representatives, and the Caucus on International Narcotics 
     Control of the Senate a report on such implementation, 
     including a description of any steps taken by the 
     Administrator to complete such implementation.
       (2) Remaining recommendations.--Not later than 60 days 
     after the date on which the Administrator implements the 
     recommendations under subsection (a)(2), the Administrator 
     shall submit to the Committees on the Judiciary and Commerce, 
     Science, and Transportation of the Senate, the Committees on 
     the Judiciary and Energy and Commerce of the House of 
     Representatives, and the Caucus on International Narcotics 
     Control of the Senate a report on such implementation, 
     including a description of any steps taken by the 
     Administrator to complete such implementation.
                                 ______
                                 
  SA 2004. Mr. ROMNEY submitted an amendment intended to be proposed to 
amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms. 
Duckworth, and Mr. Moran) to the bill H.R. 3935, to amend title 49, 
United States Code, to reauthorize and improve the Federal Aviation 
Administration and other civil aviation programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ENFORCEMENT PROVISIONS WITH RESPECT TO COVID-
                   RELATED EMPLOYEE RETENTION CREDITS.

       (a) Increase in Assessable Penalty on COVID-ERTC Promoters 
     for Aiding and Abetting Understatements of Tax Liability.--
       (1) In general.--If any COVID-ERTC promoter is subject to 
     penalty under section 6701(a) of the Internal Revenue Code of 
     1986 with respect to any COVID-ERTC document, notwithstanding 
     paragraphs (1) and (2) of section 6701(b) of such Code, the 
     amount of the penalty imposed under such section 6701(a) 
     shall be the greater of--
       (A) $200,000 ($10,000, in the case of a natural person), or
       (B) 75 percent of the gross income derived (or to be 
     derived) by such promoter with respect to the aid, 
     assistance, or advice referred to in section 6701(a)(1) of 
     such Code with respect to such document.
       (2) No inference.--Paragraph (1) shall not be construed to 
     create any inference with respect to the proper application 
     of the knowledge requirement of section 6701(a)(3) of the 
     Internal Revenue Code of 1986.
       (b) Failure to Comply With Due Diligence Requirements 
     Treated as Knowledge for Purposes of Assessable Penalty for 
     Aiding and Abetting Understatement of Tax Liability.--In the 
     case of any COVID-ERTC promoter, the knowledge requirement of 
     section 6701(a)(3) of the Internal Revenue Code of 1986 shall 
     be treated as satisfied with respect to any COVID-ERTC 
     document with respect to which such promoter provided aid, 
     assistance, or advice, if such promoter fails to comply with 
     the due diligence requirements referred to in subsection 
     (c)(1).
       (c) Assessable Penalty for Failure to Comply With Due 
     Diligence Requirements.--
       (1) In general.--Any COVID-ERTC promoter which provides 
     aid, assistance, or advice with respect to any COVID-ERTC 
     document and which fails to comply with due diligence 
     requirements imposed by the Secretary with respect to 
     determining eligibility for, or the amount of, any COVID-
     related employee retention tax credit, shall pay a penalty of 
     $1,000 for each such failure.
       (2) Due diligence requirements.--Except as otherwise 
     provided by the Secretary, the due diligence requirements 
     referred to in paragraph (1) shall be similar to the due 
     diligence requirements imposed under section 6695(g).
       (3) Restriction to documents used in connection with 
     returns or claims for refund.--Paragraph (1) shall not apply 
     with respect to any COVID-ERTC document unless such document 
     constitutes, or relates to, a return or claim for refund.
       (4) Treatment as assessable penalty, etc.--For purposes of 
     the Internal Revenue Code of 1986, the penalty imposed under 
     paragraph (1) shall be treated in the same manner as a 
     penalty imposed under section 6695(g).
       (5) Secretary.--For purposes of this subsection, the term 
     ``Secretary'' means the Secretary of the Treasury or the 
     Secretary's delegate.
       (d) Assessable Penalties for Failure to Disclose 
     Information, Maintain Client Lists, etc.--For purposes of 
     sections 6111, 6112, 6707 and 6708 of the Internal Revenue 
     Code of 1986--
       (1) any COVID-related employee retention tax credit 
     (whether or not the taxpayer claims such COVID-related 
     employee retention tax credit) shall be treated as a listed 
     transaction (and as a reportable transaction) with respect to 
     any COVID-ERTC promoter if such promoter provides any aid, 
     assistance, or advice with respect to any COVID-ERTC document 
     relating to such COVID-related employee retention tax credit, 
     and
       (2) such COVID-ERTC promoter shall be treated as a material 
     advisor with respect to such transaction.
       (e) COVID-ERTC Promoter.--For purposes of this section--
       (1) In general.--The term ``COVID-ERTC promoter'' means, 
     with respect to any COVID-ERTC document, any person which 
     provides aid, assistance, or advice with respect to such 
     document if--
       (A) such person charges or receives a fee for such aid, 
     assistance, or advice which is based on the amount of the 
     refund or credit with respect to such document and, with 
     respect to such person's taxable year in which such person 
     provided such assistance or the preceding taxable year, the 
     aggregate gross receipts of such person for aid, assistance, 
     and advice with respect to all COVID-ERTC documents exceeds 
     20 percent of the gross receipts of such person for such 
     taxable year, or
       (B) with respect to such person's taxable year in which 
     such person provided such assistance or the preceding taxable 
     year--
       (i) the aggregate gross receipts of such person for aid, 
     assistance, and advice with respect to all COVID-ERTC 
     documents exceeds 50 percent of the gross receipts of such 
     person for such taxable year, or
       (ii) both--

       (I) such aggregate gross receipts exceeds 20 percent of the 
     gross receipts of such person for such taxable year, and
       (II) the aggregate gross receipts of such person for aid, 
     assistance, and advice with respect to all COVID-ERTC 
     documents (determined after application of paragraph (3)) 
     exceeds $500,000.

       (2) Exception for certified professional employer 
     organizations.--The term ``COVID-ERTC promoter'' shall not 
     include a certified professional employer organization (as 
     defined in section 7705).
       (3) Aggregation rule.--For purposes of paragraph 
     (1)(B)(ii)(II), all persons treated as a single employer 
     under subsection (a) or (b) of section 52 of the Internal 
     Revenue Code of 1986, or subsection (m) or (o) of section 414 
     of such Code, shall be treated as 1 person.
       (4) Short taxable years.--In the case of any taxable year 
     of less than 12 months, paragraph (1) shall be applied with 
     respect to the calendar year in which such taxable year 
     begins (in addition to applying to such taxable year).
       (f) COVID-ERTC Document.--For purposes of this section, the 
     term ``COVID-ERTC document'' means any return, affidavit, 
     claim, or other document related to any COVID-related 
     employee retention tax credit, including any document related 
     to eligibility for, or the calculation or determination of 
     any amount directly related to any COVID-related employee 
     retention tax credit.
       (g) COVID-related Employee Retention Tax Credit.--For 
     purposes of this section, the term ``COVID-related employee 
     retention tax credit'' means--
       (1) any credit, or advance payment, under section 3134 of 
     the Internal Revenue Code of 1986, and
       (2) any credit, or advance payment, under section 2301 of 
     the CARES Act.
       (h) Limitation on Credit and Refund of COVID-related 
     Employee Retention Tax Credits.--Notwithstanding section 6511 
     of the Internal Revenue Code of 1986 or any other provision 
     of law, no credit or refund of any COVID-related employee 
     retention tax credit shall be allowed or made after January 
     31, 2024, unless a claim for such credit or refund is filed 
     by the taxpayer on or before such date.
       (i) Amendments to Extend Limitation on Assessment.--
       (1) In general.--Section 3134(l) of the Internal Revenue 
     Code of 1986 is amended to read as follows:
       ``(l) Extension of Limitation on Assessment.--
       ``(1) In general.--Notwithstanding section 6501, the 
     limitation on the time period for

[[Page S3509]]

     the assessment of any amount attributable to a credit claimed 
     under this section shall not expire before the date that is 6 
     years after the latest of--
       ``(A) the date on which the original return which includes 
     the calendar quarter with respect to which such credit is 
     determined is filed,
       ``(B) the date on which such return is treated as filed 
     under section 6501(b)(2), or
       ``(C) the date on which the claim for credit or refund with 
     respect to such credit is made.
       ``(2) Deduction for wages taken into account in determining 
     improperly claimed credit.--
       ``(A) In general.--Notwithstanding section 6511, in the 
     case of an assessment attributable to a credit claimed under 
     this section, the limitation on the time period for credit or 
     refund of any amount attributable to a deduction for 
     improperly claimed ERTC wages shall not expire before the 
     time period for such assessment expires under paragraph (1).
       ``(B) Improperly claimed ertc wages.--For purposes of this 
     paragraph, the term `improperly claimed ERTC wages' means, 
     with respect to an assessment attributable to a credit 
     claimed under this section, the wages with respect to which a 
     deduction would not have been allowed if the portion of the 
     credit to which such assessment relates had been properly 
     claimed.''.
       (2) Application to cares act credit.--Section 2301 of the 
     CARES Act is amended by adding at the end the following new 
     subsection:
       ``(o) Extension of Limitation on Assessment.--
       ``(1) In general.--Notwithstanding section 6501 of the 
     Internal Revenue Code of 1986, the limitation on the time 
     period for the assessment of any amount attributable to a 
     credit claimed under this section shall not expire before the 
     date that is 6 years after the latest of--
       ``(A) the date on which the original return which includes 
     the calendar quarter with respect to which such credit is 
     determined is filed,
       ``(B) the date on which such return is treated as filed 
     under section 6501(b)(2) of such Code, or
       ``(C) the date on which the claim for credit or refund with 
     respect to such credit is made.
       ``(2) Deduction for wages taken into account in determining 
     improperly claimed credit.--
       ``(A) In general.--Notwithstanding section 6511 of such 
     Code, in the case of an assessment attributable to a credit 
     claimed under this section, the limitation on the time period 
     for credit or refund of any amount attributable to a 
     deduction for improperly claimed ERTC wages shall not expire 
     before the time period for such assessment expires under 
     paragraph (1).
       ``(B) Improperly claimed ertc wages.--For purposes of this 
     paragraph, the term `improperly claimed ERTC wages' means, 
     with respect to an assessment attributable to a credit 
     claimed under this section, the wages with respect to which a 
     deduction would not have been allowed if the portion of the 
     credit to which such assessment relates had been properly 
     claimed.''.
       (j) Effective Dates.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the provisions of this section shall apply to 
     aid, assistance, and advice provided after March 12, 2020.
       (2) Due diligence requirements.--Subsections (b) and (c) 
     shall apply to aid, assistance, and advice provided after the 
     date of the enactment of this Act.
       (3) Limitation on credit and refund of covid-related 
     employee retention tax credits.--Subsection (h) shall apply 
     to credits and refunds allowed or made after January 31, 
     2024.
       (4) Amendments to extend limitation on assessment.--The 
     amendments made by subsection (i) shall apply to assessments 
     made after the date of the enactment of this Act.
       (k) Transition Rule With Respect to Requirements to 
     Disclose Information, Maintain Client Lists, etc.--Any return 
     under section 6111 of the Internal Revenue Code of 1986, or 
     list under section 6112 of such Code, required by reason of 
     subsection (d) of this section to be filed or maintained, 
     respectively, with respect to any aid, assistance, or advice 
     provided by a COVID-ERTC promoter with respect to a COVID-
     ERTC document before the date of the enactment of this Act, 
     shall not be required to be so filed or maintained (with 
     respect to such aid, assistance or advice) before the date 
     which is 90 days after such date.
       (l) Provisions Not to Be Construed to Create Negative 
     Inferences.--
       (1) No inference with respect to application of knowledge 
     requirement to pre-enactment conduct of covid-ertc promoters, 
     etc.--Subsection (b) shall not be construed to create any 
     inference with respect to the proper application of section 
     6701(a)(3) of the Internal Revenue Code of 1986 with respect 
     to any aid, assistance, or advice provided by any COVID-ERTC 
     promoter on or before the date of the enactment of this Act 
     (or with respect to any other aid, assistance, or advice to 
     which such subsection does not apply).
       (2) Requirements to disclose information, maintain client 
     lists, etc.--Subsections (d) and (k) shall not be construed 
     to create any inference with respect to whether any COVID-
     related employee retention tax credit is (without regard to 
     subsection (d)) a listed transaction (or reportable 
     transaction) with respect to any COVID-ERTC promoter; and, 
     for purposes of subsection (j), a return or list shall not be 
     treated as required (with respect to such aid, assistance, or 
     advice) by reason of subsection (d) if such return or list 
     would be so required without regard to subsection (d).
       (m) Regulations.--The Secretary (as defined in subsection 
     (c)(5)) shall issue such regulations or other guidance as may 
     be necessary or appropriate to carry out the purposes of this 
     section (and the amendments made by this section).
                                 ______
                                 
  SA 2005. Mr. CARDIN (for himself and Mr. Van Hollen) submitted an 
amendment intended to be proposed by him to the bill H.R. 3935, to 
amend title 49, United States Code, to reauthorize and improve the 
Federal Aviation Administration and other civil aviation programs, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. BALTIMORE BRIDGE RELIEF ACT.

       (a) Finding.--Congress finds that, in accordance with 
     section 668.105(e) of title 23, Code of Federal Regulations 
     (or a successor regulation), any compensation for damages or 
     insurance proceeds, including interest, recovered by a State, 
     a political subdivision of a State, or a toll authority for 
     repair, including reconstruction, of the bridge described in 
     subsection (b) in response to the damage described in that 
     subsection should be used on receipt to reduce liability on 
     the repair, including reconstruction, of that bridge from the 
     emergency fund authorized under section 125 of title 23, 
     United States Code.
       (b) Federal Share for Certain Emergency Relief Projects.--
     Notwithstanding subsection (e) of section 120 of title 23, 
     United States Code, the Federal share for emergency relief 
     funds made available under section 125 of that title to 
     respond to damage caused by the cargo ship Dali to the 
     Francis Scott Key Bridge located in Baltimore City and 
     Baltimore and Anne Arundel Counties, Maryland, including 
     reconstruction of that bridge and its approaches, shall be 
     100 percent.
       (c) Effective Date.--This section shall take effect as if 
     enacted on March 26, 2024.
                                 ______
                                 
  SA 2006. Ms. WARREN (for herself and Mr. Hawley) submitted an 
amendment intended to be proposed to amendment SA 1911 proposed by Ms. 
Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) to the 
bill H.R. 3935, to amend title 49, United States Code, to reauthorize 
and improve the Federal Aviation Administration and other civil 
aviation programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROMOTING COMPETITION IN AVIATION REGULATION.

       (a) Promoting Competition.--Section 40101(d) of title 49, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(8) promoting competition.''.
       (b) Maintaining and Enhancing Competition in Slot 
     Allocation.--Section 40103(b)(1) of title 49, United States 
     Code, is amended by inserting ``In doing so, the 
     Administrator shall consider the need to maintain or enhance 
     competition in the air transportation system.'' after 
     ``efficient use of airspace.''.
       (c) Ensuring Reasonable Access.--
       (1) General written assurances.--
       (A) In general.--Section 47107(a)(1) of title 49, United 
     States Code, is amended by inserting ``, and the airport 
     proprietor will take all practicable steps to accommodate 
     requests for reasonable access (as defined in subsection (x)) 
     to terminal facilities'' after ``unjust discrimination''.
       (B) Standards for reasonable access.--Section 47107 of 
     title 49, United States Code, is amended by adding at the end 
     the following new subsection:
       ``(x) Definitions.--In this section:
       ``(1) Common use.--The term `common use' means nonexclusive 
     use in common by air carriers and other duly authorized users 
     of the airport.
       ``(2) Reasonable access.--The term `reasonable access' 
     means, with respect to terminal facilities, that--
       ``(A) not less than 25 percent of terminal facilities at an 
     airport are available for common use; and
       ``(B) not more than 50 percent of terminal facilities are 
     reserved for exclusive use by a single air carrier.
       ``(3) Terminal facilities.--The term `terminal facilities' 
     means facilities within the terminal of an airport, including 
     gates, ticket counters, baggage claim areas, and baggage make 
     up system spaces.''.
       (2) Lease approval.--Section 47107 of title 49, United 
     States Code, as amended by paragraph (1), is amended by 
     adding at the end the following new subsection:
       ``(y) Written Assurances on Lease Agreements.--The 
     Secretary of Transportation may approve an application under 
     this subchapter for an airport development project grant only 
     if the Secretary receives written assurances, satisfactory to 
     the Secretary, that, with respect to any airport

[[Page S3510]]

     serving 0.25 percent or more of the total annual enplanements 
     in the United States (calculated on a rolling 5-year average) 
     and with more than 50 percent of passengers (calculated on a 
     rolling 5-year average) handled by 2 air carriers or less, 
     the airport owner shall submit to the Secretary any proposed 
     lease, lease amendment, or lease extension (including 
     carryover provisions) for advance approval, as well as a 
     statement detailing how such proposed lease, lease amendment, 
     or lease extension maintains or enhances competition in the 
     air transportation system.''.
       (d) Competition Plans.--Section 40117(d) of title 49, 
     United States Code, is amended--
       (1) in paragraph (3), by striking ``and'';
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(5) beginning in fiscal year 2026, in the case of an 
     application for a terminal project, the project will provide 
     for reasonable access (as defined in section 47107(x)) to 
     terminal facilities.''.
       (e) Competition Disclosure.--Section 47107(r) of title 49, 
     United States Code, is amended by striking paragraph (3).
                                 ______
                                 
  SA 2007. Mr. SCHATZ (for himself and Mr. Cruz) submitted an amendment 
intended to be proposed to amendment SA 1911 proposed by Ms. Cantwell 
(for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) to the bill H.R. 
3935, to amend title 49, United States Code, to reauthorize and improve 
the Federal Aviation Administration and other civil aviation programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

                   TITLE __KIDS OFF SOCIAL MEDIA ACT

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Kids Off Social Media 
     Act''.

                 Subtitle A--Kids Off Social Media Act

     SEC. __1. SHORT TITLE.

       This subtitle may be cited as the ``Kids Off Social Media 
     Act''.

     SEC. __2. DEFINITIONS.

       In this subtitle:
       (1) Personalized recommendation system.--The term 
     ``personalized recommendation system'' means a fully or 
     partially automated system used to suggest, promote, or rank 
     content, including other users or posts, based on the 
     personal data of users.
       (2) Child.--The term ``child'' means an individual under 
     the age of 13.
       (3) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (4) Know or knows.--The term ``know'' or ``knows'' means to 
     have actual knowledge or knowledge fairly implied on the 
     basis of objective circumstances.
       (5) Personal data.--The term ``personal data'' has the same 
     meaning as the term ``personal information'' as defined in 
     section 1302 of the Children's Online Privacy Protection Act 
     (15 U.S.C. 6501) .
       (6) Social medial platform.--
       (A) In general.--The term ``social media platform'' means a 
     public-facing website, online service, online application, or 
     mobile application that--
       (i) is directed to consumers;
       (ii) collects personal data;
       (iii) primarily derives revenue from advertising or the 
     sale of personal data; and
       (iv) as its primary function provides a community forum for 
     user-generated content, including messages, videos, and audio 
     files among users where such content is primarily intended 
     for viewing, resharing, or platform-enabled distributed 
     social endorsement or comment.
       (B) Limitation.--The term ``social medial platform'' does 
     not include a platform that, as its primary function for 
     consumers, provides or facilitates any of the following:
       (i) The purchase and sale of commercial goods.
       (ii) Teleconferencing or videoconferencing services that 
     allow reception and transmission of audio or video signals 
     for real-time communication, provided that the real-time 
     communication is initiated by using a unique link or 
     identifier to facilitate access.
       (iii) Crowd-sourced reference guides such as encyclopedias 
     and dictionaries.
       (iv) Cloud storage, file sharing, or file collaboration 
     services, including such services that allow collaborative 
     editing by invited users.
       (v) The playing or creation of video games.
       (vi) Content that consists primarily of news, sports, 
     sports coverage, entertainment, or other information or 
     content that is not user-generated but is preselected by the 
     platform and for which any chat, comment, or interactive 
     functionality is incidental, directly related to, or 
     dependent on the provision of the content provided by the 
     platform.
       (vii) Business, product, or travel information including 
     user reviews or rankings of such businesses, products, or 
     other travel information.
       (viii) Educational information, experiences, training, or 
     instruction provided to build knowledge, skills, or a craft, 
     district-sanctioned or school-sanctioned learning management 
     systems and school information systems for the purposes of 
     schools conveying content related to the education of 
     students, or services or services on behalf of or in support 
     of an elementary school or secondary school, as such terms 
     are defined in section 8101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (ix) An email service.
       (x) A wireless messaging service, including such a service 
     provided through short message service or multimedia 
     messaging protocols, that is not a component of, or linked 
     to, a social media platform and where the predominant or 
     exclusive function of the messaging service is direct 
     messaging consisting of the transmission of text, photos, or 
     videos that are sent by electronic means, where messages are 
     transmitted from the sender to the recipient and are not 
     posted publicly or within a social media platform.
       (xi) A broadband internet access service (as such term is 
     defined for purposes of section 8.1(b) of title 47, Code of 
     Federal Regulations, or any successor regulation).
       (xii) A virtual private network or similar service that 
     exists solely to route internet traffic between locations.
       (7) Teen.--The term ``teen'' means an individual over the 
     age of 12 and under the age of 17.
       (8) User.--The term ``user'' means, with respect to a 
     social media platform, an individual who registers an account 
     or creates a profile on the social media platform.

     SEC. __3. NO CHILDREN UNDER 13.

       (a) No Accounts for Children Under 13.--A social media 
     platform shall not permit an individual to create or maintain 
     an account or profile if it knows that the individual is a 
     child.
       (b) Termination of Existing Accounts Belonging to 
     Children.--A social media platform shall terminate any 
     existing account or profile of a user who the social media 
     platform knows is a child.
       (c) Deletion of Children's Personal Data.--
       (1) In general.--Subject to paragraph (2), upon termination 
     of an existing account or profile of a user pursuant to 
     subsection (b), a social media platform shall immediately 
     delete all personal data collected from the user or submitted 
     by the user to the social media platform.
       (2) Children's access to personal data.--To the extent 
     technically feasible and not in violation of any licensing 
     agreement, a social media platform shall allow the user of an 
     existing account or profile that the social media platform 
     has terminated under subsection (b), from the date such 
     termination occurs to the date that is 90 days after such 
     date, to request, and shall provide to such user upon such 
     request, a copy of the personal data collected from the user 
     or submitted by the user to the social media platform both--
       (A) in a manner that is readable and which a reasonable 
     person can understand; and
       (B) in a portable, structured, and machine-readable format.
       (d) Rule of Construction.--Nothing in subsection (c) shall 
     be construed to prohibit a social media platform from 
     retaining a record of the termination of an account or 
     profile and the minimum information necessary for the 
     purposes of ensuring compliance with this section.

     SEC. __4. PROHIBITION ON THE USE OF PERSONALIZED 
                   RECOMMENDATION SYSTEMS ON CHILDREN OR TEENS.

       (a) In General.--
       (1) Prohibition on use of personalized recommendation 
     systems on children or teens.--Except as provided in 
     paragraph (2), a social media platform shall not use the 
     personal data of a user or visitor in a personalized 
     recommendation system to display content if the platform 
     knows that the user or visitor is a child or teen.
       (2) Exception.--A social media platform may use a 
     personalized recommendation system to display content to a 
     child or teen if the system only uses the following personal 
     data of the child or teen:
       (A) The type of device used by the child or teen.
       (B) The languages used by the child or teen to communicate.
       (C) The city or town in which the child or teen is located.
       (D) The fact that the individual is a child or teen.
       (E) The age of the child or teen.
       (b) Rule of Construction.--The prohibition in subsection 
     (a) shall not be construed to--
       (1) prevent a social media platform from providing search 
     results to a child or teen deliberately or independently 
     searching for (such as by typing a phrase into a search bar 
     or providing spoken input), or specifically requesting, 
     content, so long as such results are not based on the 
     personal data of the child or teen (except to the extent 
     permitted under subsection (a)(2));
       (2) prevent a social media platform from taking reasonable 
     measures to--
       (A) block, detect, or prevent the distribution of unlawful 
     or obscene material;
       (B) block or filter spam, or protect the security of a 
     platform or service; or
       (C) prevent criminal activity; or
       (3) prohibit a social media platform from displaying user-
     generated content that has been selected, followed, or 
     subscribed to by a teen account holder as long as the display 
     of the content is based on a chronological format.

[[Page S3511]]

  


     SEC. __5. DETERMINATION OF WHETHER AN OPERATOR HAS KNOWLEDGE 
                   FAIRLY IMPLIED ON THE BASIS OF OBJECTIVE 
                   CIRCUMSTANCES THAT AN INDIVIDUAL IS A CHILD OR 
                   TEEN.

       (a) Rules of Construction.--For purposes of enforcing this 
     subtitle, in making a determination as to whether a social 
     media platform has knowledge fairly implied on the basis of 
     objective circumstances that a user is a child or teen, the 
     Commission or the attorney general of a State, as applicable, 
     shall rely on competent and reliable evidence, taking into 
     account the totality of circumstances, including whether a 
     reasonable and prudent person under the circumstances would 
     have known that the user is a child or teen.
       (b) Protections for Privacy.--Nothing in this subtitle, 
     including a determination described in subsection (a), shall 
     be construed to require a social media platform to--
       (1) implement an age gating or age verification 
     functionality; or
       (2) affirmatively collect any personal data with respect to 
     the age of users that the social media platform is not 
     already collecting in the normal course of business.
       (c) Restriction on Use and Retention of Personal Data.--If 
     a social media platform or a third party acting on behalf of 
     a social media platform voluntarily collects personal data 
     for the purpose of complying with this subtitle, the social 
     media platform or a third party shall not--
       (1) use any personal data collected specifically for a 
     purpose other than for sole compliance with the obligations 
     under this subtitle; or
       (2) retain any personal data collected from a user for 
     longer than is necessary to comply with the obligations under 
     this subtitle or than is minimally necessary to demonstrate 
     compliance with this subtitle.

     SEC. __6. ENFORCEMENT.

       (a) Enforcement by Commission.--
       (1) Unfair or deceptive acts or practices.--A violation of 
     this subtitle shall be treated as a violation of a rule 
     defining an unfair or deceptive act or practice prescribed 
     under section 18(a)(1)(B) of the Federal Trade Commission Act 
     (15 U.S.C. 57a(a)(1)(B)).
       (2) Powers of commission.--
       (A) In general.--The Commission shall enforce this subtitle 
     in the same manner, by the same means, and with the same 
     jurisdiction, powers, and duties as though all applicable 
     terms and provisions of the Federal Trade Commission Act (15 
     U.S.C. 41 et seq.) were incorporated into and made a part of 
     this subtitle.
       (B) Privileges and immunities.--Any person who violates 
     this subtitle shall be subject to the penalties and entitled 
     to the privileges and immunities provided in the Federal 
     Trade Commission Act (15 U.S.C. 41 et seq.).
       (3) Authority preserved.--Nothing in this subtitle shall be 
     construed to limit the authority of the Commission under any 
     other provision of law.
       (b) Enforcement by States.--
       (1) Authorization.--Subject to paragraph (3), in any case 
     in which the attorney general of a State has reason to 
     believe that an interest of the residents of the State has 
     been or is threatened or adversely affected by the engagement 
     of a social media platform in a practice that violates this 
     subtitle, the attorney general of the State may, as parens 
     patriae, bring a civil action against the social media 
     platform on behalf of the residents of the State in an 
     appropriate district court of the United States to--
       (A) enjoin that practice;
       (B) enforce compliance with this subtitle;
       (C) on behalf of residents of the States, obtain damages, 
     restitution, or other compensation, each of which shall be 
     distributed in accordance with State law; or
       (D) obtain such other relief as the court may consider to 
     be appropriate.
       (2) Rights of federal trade commission.--
       (A) Notice to federal trade commission.--
       (i) In general.--The attorney general of a State shall 
     notify the Commission in writing that the attorney general 
     intends to bring a civil action under paragraph (1) before 
     the filing of the civil action.
       (ii) Contents.--The notification required under clause (i) 
     with respect to a civil action shall include a copy of the 
     complaint to be filed to initiate the civil action.
       (iii) Clause (i) shall not apply with respect to the filing 
     of an action by an attorney general of a State under this 
     paragraph if the attorney general of the State determines 
     that it not feasible to provide the notice required in that 
     clause before filing the action.
       (B) Intervention by federal trade commission.--Upon 
     receiving notice under subparagraph (A)(i), the Commission 
     shall have the right to intervene in the action that is the 
     subject of the notice.
       (3) Effect of intervention.--If the Commission intervenes 
     in an action under paragraph (1), it shall have the right--
       (A) to be heard with respect to any matter that arises in 
     that action; and
       (B) file a petition for appeal.
       (4) Investigatory powers.--Nothing in this subsection may 
     be construed to prevent the attorney general of a State from 
     exercising the powers conferred on the attorney general by 
     the laws of the State to--
       (A) conduct investigations;
       (B) administer oaths or affirmations; or
       (C) compel the attendance of witnesses or the production of 
     documentary or other evidence.
       (5) Preemptive action by federal trade commission.--In any 
     case in which an action is instituted by or on behalf of the 
     Commission for a violation of this subtitle, no State may , 
     during the pendency of that action, institute a separate 
     civil action under paragraph (1) against any defendant named 
     in the complaint in the action instituted by or on behalf of 
     the Commission for that violation.
       (6) Venue; service of process.--
       (A) Venue.--Any action brought under paragraph (1) may be 
     brought in--
       (i) the district court of the United States that meets 
     applicable requirements relating to venue under section 1391 
     of title 28, United States Code; or
       (ii) another court of competent jurisdiction.
       (B) Service of process.--In an action brought under 
     paragraph (1), process may be served in any district in which 
     the defendant--
       (i) is an inhabitant; or
       (ii) may be found.

     SEC. __7. RELATIONSHIP TO OTHER LAWS.

       The provisions of this subtitle shall preempt any State 
     law, rule, or regulation only to the extent that such State 
     law, rule, or regulation conflicts with a provision of this 
     subtitle. Nothing in this subtitle shall be construed to 
     prohibit a State from enacting a law, rule, or regulation 
     that provides greater protection to children or teens than 
     the protection provided by the provisions of this subtitle. 
     Nothing in this subtitle shall be construed to--
       (1) affect the application of--
       (A) section 444 of the General Education Provisions Act (20 
     U.S.C. 1232g, commonly known as the ``Family Educational 
     Rights and Privacy Act of 1974'') or other Federal or State 
     laws governing student privacy; or
       (B) the Children's Online Privacy Protection Act of 1998 
     (15 U.S.C. 6501 et seq.) or any rule or regulation 
     promulgated under such Act; or
       (2) authorize any action that would conflict with section 
     18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h)).

     SEC. __8. EFFECTIVE DATE.

       This subtitle shall take effect 1 year after the date of 
     enactment of this Act.

               Subtitle B--Eyes on the Board Act of 2024

     SEC. __9. SHORT TITLE.

       This subtitle may be cited as the ``Eyes on the Board Act 
     of 2024''.

     SEC. _10. UPDATING THE CHILDREN'S INTERNET PROTECTION ACT TO 
                   INCLUDE SOCIAL MEDIA PLATFORMS.

       (a) In General.--Section 1721 of the Children's Internet 
     Protection Act (title XVII of Public Law 106-554) is 
     amended--
       (1) by redesignating subsections (f) through (h) as 
     subsections (g) through (i), respectively; and
       (2) by inserting after subsection (e) the following:
       ``(f) Limitation on Use of School Broadband Subsidies for 
     Access to Social Media Platforms.--
       ``(1) Definitions.--In this subsection:
       ``(A) Commission.--The term `Commission' means the Federal 
     Communications Commission.
       ``(B) Social media platform.--The term `social media 
     platform'--
       ``(i) means any website, online service, online 
     application, or mobile application that--

       ``(I) serves the public; and
       ``(II) primarily provides a forum for users to communicate 
     user-generated content, including messages, videos, images, 
     and audio files, to other online users; and

       ``(ii) does not include--

       ``(I) an internet service provider;
       ``(II) electronic mail;
       ``(III) an online service, application, or website--

       ``(aa) that consists primarily of content that is not user-
     generated, but is preselected by the provider; and
       ``(bb) for which any chat, comment, or interactive 
     functionality is incidental to, directly related to, or 
     dependent on the provision of content described in item (aa);

       ``(IV) an online service, application, or website--

       ``(aa) that is non-commercial and primarily designed for 
     educational purposes; and
       ``(bb) the revenue of which is not primarily derived from 
     advertising or the sale of personal data;

       ``(V) a wireless messaging service, including such a 
     service provided through a short messaging service or 
     multimedia service protocols--

       ``(aa) that is not a component of, or linked to, a website, 
     online service, online application, or mobile application 
     described in clause (i); and
       ``(bb) the predominant or exclusive function of which is 
     direct messaging consisting of the transmission of text, 
     photos, or videos that--
       ``(AA) are sent by electronic means from the sender to a 
     recipient; and
       ``(BB) are not posted publicly or on a website, online 
     service, online application, or mobile application described 
     in clause (i);

       ``(VI) a teleconferencing or video conferencing service 
     that allows for the reception and transmission of audio or 
     video signals for real-time communication that is initiated 
     by using a unique link or identifier to facilitate access;
       ``(VII) a product or service that primarily functions as 
     business-to-business software or a cloud storage, file 
     sharing, or file collaboration service; or
       ``(VIII) an organization that is not organized to carry on 
     business for the profit of

[[Page S3512]]

     the organization or of the members of the organization.

       ``(C) Technology protection measure.--The term `technology 
     protection measure' means a specific technology that blocks 
     or filters access to a social media platform.
       ``(2) Requirements with respect to social media 
     platforms.--
       ``(A) In general.--
       ``(i) Certification required.--An elementary or secondary 
     school that is subject to paragraph (5) of section 254(h) of 
     the Communications Act of 1934 (47 U.S.C. 254(h)) (referred 
     to in this paragraph as `section 254(h)') may not receive 
     services at discount rates under section 254(h) unless the 
     school, school board, local educational agency, or other 
     authority with responsibility for administration of the 
     school--

       ``(I) submits to the Commission the certification described 
     in subparagraph (B); and
       ``(II) ensures that the use of the school's supported 
     services, devices, and networks is in accordance with the 
     certification described in subclause (I).

       ``(ii) Rule of construction.--Nothing in clause (i) may be 
     construed to prohibit--

       ``(I) district-sanctioned or school-sanctioned learning 
     management systems and school information systems used for 
     purposes of schools conveying content related to the 
     education of students; or
       ``(II) a teacher from using a social media platform in the 
     classroom for educational purposes.

       ``(B) Certification with respect to students and social 
     media.--
       ``(i) In general.--A certification under this subparagraph 
     is a certification that the applicable school, school board, 
     local educational agency, or other authority with 
     responsibility for administration of the school--

       ``(I) is enforcing a policy of preventing students of the 
     school from accessing social media platforms on any supported 
     service, device, or network that includes--

       ``(aa) monitoring the online activities of any such 
     service, device, or network to determine if those students 
     are accessing social media platforms; and
       ``(bb) the operation of a technology protection measure 
     with respect to those services, devices, and networks that 
     protects against access by those students to a social media 
     platform; and

       ``(II) is enforcing the operation of the technology 
     protection measure described in subclause (I) during any use 
     of supported services, devices, or networks by students of 
     the school.

       ``(ii) Rule of construction.--Nothing in this subparagraph 
     may be construed to require the applicable school, school 
     board, local educational agency, or other authority to track 
     an individual website, online application, or mobile 
     application that a student is attempting to access (or any 
     search terms used by, or the browsing history of, a student) 
     beyond the identity of the website or application and whether 
     access to the website or application is blocked by a 
     technology protection measure because the website or 
     application is a social media platform.
       ``(C) Timing of implementation.--
       ``(i) In general.--In the case of a school to which this 
     paragraph applies, the certification under this paragraph 
     shall be made--

       ``(I) with respect to the first program funding year under 
     section 254(h) after the date of enactment of the Eyes on the 
     Board Act of 2024, not later than 120 days after the 
     beginning of that program funding year; and
       ``(II) with respect to any subsequent funding year, as part 
     of the application process for that program funding year.

       ``(ii) Process.--

       ``(I) Schools with measures in place.--A school covered by 
     clause (i) that has in place measures meeting the 
     requirements necessary for certification under this paragraph 
     shall certify its compliance with this paragraph during each 
     annual program application cycle under section 254(h), except 
     that, with respect to the first program funding year after 
     the date of enactment of the Eyes on the Board Act of 2024, 
     the certification shall be made not later than 120 days after 
     the beginning of that first program funding year.
       ``(II) Schools without measures in place.--

       ``(aa) First 2 program years.--A school covered by clause 
     (i) that does not have in place measures meeting the 
     requirements for certification under this paragraph--
       ``(AA) for the first program year after the date of 
     enactment of the Eyes on the Board Act of 2024 in which the 
     school is applying for funds under section 254(h), shall 
     certify that the school is undertaking such actions, 
     including any necessary procurement procedures, to put in 
     place measures meeting the requirements for certification 
     under this paragraph; and
       ``(BB) for the second program year after the date of 
     enactment of the Eyes on the Board Act of 2024 in which the 
     school is applying for funds under section 254(h), shall 
     certify that the school is in compliance with this paragraph.
       ``(bb) Subsequent program years.--Any school that is unable 
     to certify compliance with such requirements in such second 
     program year shall be ineligible for services at discount 
     rates or funding in lieu of services at such rates under 
     section 254(h) for such second year and all subsequent 
     program years under section 254(h), until such time as such 
     school comes into compliance with this paragraph.

       ``(III) Waivers.--Any school subject to subclause (II) that 
     cannot come into compliance with subparagraph (B) in such 
     second program year may seek a waiver of subclause 
     (II)(aa)(BB) if State or local procurement rules or 
     regulations or competitive bidding requirements prevent the 
     making of the certification otherwise required by such 
     subclause. A school, school board, local educational agency, 
     or other authority with responsibility for administration of 
     the school shall notify the Commission of the applicability 
     of such subclause to the school. Such notice shall certify 
     that the school in question will be brought into compliance 
     before the start of the third program year after the date of 
     enactment of the Eyes on the Board Act of 2024 in which the 
     school is applying for funds under section 254(h).

       ``(D) Noncompliance.--
       ``(i) Failure to submit certification.--Any school that 
     knowingly fails to comply with the application guidelines 
     regarding the annual submission of a certification required 
     by this paragraph shall not be eligible for services at 
     discount rates or funding in lieu of services at such rates 
     under section 254(h).
       ``(ii) Failure to comply with certification.--Any school 
     that knowingly fails to ensure the use of its computers in 
     accordance with a certification under subparagraph (B) shall 
     reimburse any funds and discounts received under section 
     254(h) for the period covered by such certification.
       ``(iii) Remedy of noncompliance.--

       ``(I) Failure to submit.--A school that has failed to 
     submit a certification under clause (i) may remedy the 
     failure by submitting the certification to which the failure 
     relates. Upon submittal of such certification, the school 
     shall be eligible for services at discount rates under 
     section 254(h).
       ``(II) Failure to comply.--A school that has failed to 
     comply with a certification as described in clause (ii) may 
     remedy the failure by ensuring the use of its computers in 
     accordance with such certification. Upon submittal to the 
     Commission of a certification or other appropriate evidence 
     of such remedy, the school shall be eligible for services at 
     discount rates under section 254(h).

       ``(E) Rule of construction.--Nothing in this paragraph may 
     be construed to consider a school, school board, local 
     educational agency, or other authority with responsibility 
     for the administration of a school in violation of this 
     paragraph if that school, school board, local educational 
     agency, or other authority makes a good faith effort to 
     comply with this paragraph and to correct a known violation 
     of this paragraph within a reasonable period of time.
       ``(3) Enforcement.--The Commission shall--
       ``(A) not later than 120 days after the date of enactment 
     of the Eyes on the Board Act of 2024, amend the rules of the 
     Commission to carry out this subsection; and
       ``(B) enforce this subsection, and any rules issued under 
     this subsection, as if this subsection and those rules were 
     part of the Communications Act of 1934 (47 U.S.C. 151 et 
     seq.) or the rules issued under that Act.''.
       (b) Technical and Conforming Amendments.--Section 254(h) of 
     the Communications Act of 1934 (47 U.S.C. 254(h)) is 
     amended--
       (1) in paragraph (5)(E)--
       (A) in clause (i), in the matter preceding subclause (I), 
     by striking ``1721(h)'' and inserting ``1721(i)''; and
       (B) in clause (ii)(I), by striking ``1721(h)'' and 
     inserting ``1721(i)''; and
       (2) in paragraph (6)(E)--
       (A) in clause (i), in the matter preceding subclause (I), 
     by striking ``1721(h)'' and inserting ``1721(i)''; and
       (B) in clause (ii)(I), by striking ``1721(h)'' and 
     inserting ``1721(i)''.

     SEC. _11. EMPOWERING TRANSPARENCY WITH RESPECT TO SCREEN TIME 
                   IN SCHOOLS.

       (a) In General.--Section 254(h)(5)(B) of the Communications 
     Act of 1934 (47 U.S.C. 254(h)(5)(B)) is amended--
       (1) in clause (ii), by striking ``and'' at the end;
       (2) in clause (iii), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(iv) has adopted a screen time policy that includes 
     guidelines, disaggregated by grade, for the number of hours 
     and uses of screen time that may be assigned to students, 
     whether during school hours or as homework, on a regular 
     basis.''.
       (b) Certification and Reporting.--Beginning in the first 
     funding year that begins after the date of enactment of this 
     Act, each school seeking support under section 254(h) of the 
     Communications Act of 1934 (47 U.S.C. 254(h)) (without regard 
     to whether the school submits an application directly for 
     that support or such an application is submitted on behalf of 
     the school by a consortium or school district) shall, as a 
     condition of receiving that support--
       (1) certify that the school will comply with the 
     requirements of this section and the amendments made by this 
     section for the year covered by the application; and
       (2) provide to the Federal Communications Commission 
     (referred to in this section as the ``Commission'') a copy of 
     the screen time policy of the school to which the 
     certification relates.
       (c) Commission Requirements.--Not later than 120 days after 
     the date of enactment of this Act, the Commission shall amend 
     the rules of the Commission to carry out this section and the 
     amendments made by this section.

[[Page S3513]]

  


     SEC. _12. INTERNET SAFETY POLICIES.

       Section 254 of the Communications Act of 1934 (47 U.S.C. 
     254) is amended--
       (1) in subsection (h)(5)--
       (A) in subparagraph (A)(i)--
       (i) in subclause (I), by inserting ``and copies of the 
     Internet safety policy and screen time policy to which each 
     such certification pertains'' before the semicolon at the 
     end; and
       (ii) in subclause (II)--

       (I) by striking ``Commission'' and all that follows through 
     the end of the subclause and inserting the following: 
     ``Commission--

       ``(aa) a certification that an Internet safety policy and 
     screen time policy described in subclause (I) have been 
     adopted and implemented for the school; and''; and

       (II) by adding at the end the following:

       ``(bb) copies of the Internet safety policy and screen time 
     policy described in item (aa); and''; and
       (B) by adding at the end the following:
       ``(G) Database of internet safety and screen time 
     policies.--The Commission shall establish an easily 
     accessible, public database that contains each Internet 
     safety policy and screen time policy submitted to the 
     Commission under subclauses (I) and (II) of subparagraph 
     (A)(i).''; and
       (2) in subsection (l), by striking paragraph (3) and 
     inserting the following:
       ``(3) Availability for review.--A copy of each Internet 
     safety policy adopted by a library under this subsection 
     shall be made available to the Commission, upon request of 
     the Commission, by the library for purposes of the review of 
     the Internet safety policy by the Commission.''.

                        Subtitle C--Severability

     SEC. _13. SEVERABILITY.

       If any provision of this title or an amendment made by this 
     title is determined to be unenforceable or invalid, the 
     remaining provisions of this title and amendments made by 
     this title shall not be affected.
                                 ______
                                 
  SA 2008. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms. 
Duckworth, and Mr. Moran) to the bill H.R. 3935, to amend title 49, 
United States Code, to reauthorize and improve the Federal Aviation 
Administration and other civil aviation programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. AMENDMENTS TO MINIMUM REQUIREMENTS FOR BASIC 
                   ESSENTIAL AIR SERVICE.

       Section 41732(b)(3) of title 49, United States Code, as 
     redesignated by section 561(c), is amended by striking ``, 
     unless scheduled air transportation has not been provided to 
     the place in aircraft with at least 2 engines and using 2 
     pilots for at least 60 consecutive operating days at any time 
     since October 31, 1978''.
                                 ______
                                 
  SA 2009. Mr. DURBIN (for himself, Ms. Duckworth, and Mr. Grassley) 
submitted an amendment intended to be proposed to amendment SA 1911 
proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. 
Moran) to the bill H.R. 3935, to amend title 49, United States Code, to 
reauthorize and improve the Federal Aviation Administration and other 
civil aviation programs, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place in subtitle C of title V, insert 
     the following:

     SEC. ___. STUDY ON IMPROVEMENTS FOR CERTAIN NONHUB AIRPORTS.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this section, the Comptroller General shall 
     conduct a study on the challenges faced by nonhub airports 
     not designated as essential air service communities and 
     recommend ways to help secure and retain flight schedules 
     using existing Federal programs, such as the Small Community 
     Air Service Development program.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this section, the Comptroller General shall 
     submit to the appropriate committees of Congress a report on 
     the results of the study conducted under subsection (a), 
     including recommendations for such legislation and 
     administrative action as the Comptroller General determines 
     appropriate.
                                 ______
                                 
  SA 2010. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms. 
Duckworth, and Mr. Moran) to the bill H.R. 3935, to amend title 49, 
United States Code, to reauthorize and improve the Federal Aviation 
Administration and other civil aviation programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                         DIVISION B--TAX RELIEF

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS; ETC.

       (a) Short Title.--This division may be cited as the ``Tax 
     Relief for American Families and Workers Act of 2024''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this division an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.
       (c) Table of Contents.--The table of contents of this 
     division is as follows:

Sec. 1. Short title; table of contents; etc.

                TITLE I--TAX RELIEF FOR WORKING FAMILIES

Sec. 101. Per-child calculation of refundable portion of child tax 
              credit.
Sec. 102. Increase in refundable portion.
Sec. 103. Inflation of credit amount.
Sec. 104. Rule for determination of earned income.
Sec. 105. Special rule for certain early-filed 2023 returns.

                TITLE II--AMERICAN INNOVATION AND GROWTH

Sec. 201. Deduction for domestic research and experimental 
              expenditures.
Sec. 202. Extension of allowance for depreciation, amortization, or 
              depletion in determining the limitation on business 
              interest.
Sec. 203. Extension of 100 percent bonus depreciation.
Sec. 204. Increase in limitations on expensing of depreciable business 
              assets.

              TITLE III--INCREASING GLOBAL COMPETITIVENESS

    Subtitle A--United States-Taiwan Expedited Double-Tax Relief Act

Sec. 301. Short title.
Sec. 302. Special rules for taxation of certain residents of Taiwan.

    Subtitle B--United States-Taiwan Tax Agreement Authorization Act

Sec. 311. Short title.
Sec. 312. Definitions.
Sec. 313. Authorization to negotiate and enter into agreement.
Sec. 314. Consultations with Congress.
Sec. 315. Approval and implementation of agreement.
Sec. 316. Submission to Congress of agreement and implementation 
              policy.
Sec. 317. Consideration of approval legislation and implementing 
              legislation.
Sec. 318. Relationship of agreement to Internal Revenue Code of 1986.
Sec. 319. Authorization of subsequent tax agreements relative to 
              Taiwan.
Sec. 320. United States treatment of double taxation matters with 
              respect to Taiwan.

         TITLE IV--ASSISTANCE FOR DISASTER-IMPACTED COMMUNITIES

Sec. 401. Short title.
Sec. 402. Extension of rules for treatment of certain disaster-related 
              personal casualty losses.
Sec. 403. Exclusion from gross income for compensation for losses or 
              damages resulting from certain wildfires.
Sec. 404. East Palestine disaster relief payments.

                    TITLE V--MORE AFFORDABLE HOUSING

Sec. 501. State housing credit ceiling increase for low-income housing 
              credit.
Sec. 502. Tax-exempt bond financing requirement.

           TITLE VI--TAX ADMINISTRATION AND ELIMINATING FRAUD

Sec. 601. Increase in threshold for requiring information reporting 
              with respect to certain payees.
Sec. 602. Enforcement provisions with respect to COVID-related employee 
              retention credits.

                TITLE I--TAX RELIEF FOR WORKING FAMILIES

     SEC. 101. PER-CHILD CALCULATION OF REFUNDABLE PORTION OF 
                   CHILD TAX CREDIT.

       (a) In General.--Subparagraph (A) of section 24(h)(5) is 
     amended to read as follows:
       ``(A) In general.--In applying subsection (d)--
       ``(i) the amount determined under paragraph (1)(A) of such 
     subsection with respect to any qualifying child shall not 
     exceed $1,400, and such paragraph shall be applied without 
     regard to paragraph (4) of this subsection, and
       ``(ii) paragraph (1)(B) of such subsection shall be applied 
     by multiplying each of--

       ``(I) the amount determined under clause (i) thereof, and
       ``(II) the excess determined under clause (ii) thereof,

     by the number of qualifying children of the taxpayer.''.
       (b) Conforming Amendment.--The heading of paragraph (5) of 
     section 24(h) is amended by striking ``Maximum amount of'' 
     and inserting ``Special rules for''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2022.

     SEC. 102. INCREASE IN REFUNDABLE PORTION.

       (a) In General.--Paragraph (5) of section 24(h) is amended 
     by redesignating subparagraph (B) as subparagraph (C) and by 
     inserting after subparagraph (A) the following new 
     subparagraph:

[[Page S3514]]

       ``(B) Amounts for 2023, 2024, and 2025.--In the case of a 
     taxable year beginning after 2022, subparagraph (A) shall be 
     applied by substituting for `$1,400'--
       ``(i) in the case of taxable year 2023, `$1,800',
       ``(ii) in the case of taxable year 2024, `$1,900', and
       ``(iii) in the case of taxable year 2025, `$2,000'.''.
       (b) Conforming Amendment.--Subparagraph (C) of section 
     24(h)(5), as redesignated by subsection (a), is amended by 
     inserting ``and before 2023'' after ``2018''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2022.

     SEC. 103. INFLATION OF CREDIT AMOUNT.

       (a) In General.--Paragraph (2) of section 24(h) is 
     amended--
       (1) by striking ``amount.--Subsection'' and inserting 
     ``amount.--
       ``(A) In general.--Subsection'', and
       (2) by adding at the end the following new subparagraph:
       ``(B) Adjustment for inflation.--In the case of a taxable 
     year beginning after 2023, the $2,000 amounts in subparagraph 
     (A) and paragraph (5)(B)(iii) shall each be increased by an 
     amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `2022' for `2016' in 
     subparagraph (A)(ii) thereof.
     If any increase under this subparagraph is not a multiple of 
     $100, such increase shall be rounded to the next lowest 
     multiple of $100.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2023.

     SEC. 104. RULE FOR DETERMINATION OF EARNED INCOME.

       (a) In General.--Paragraph (6) of section 24(h) of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``credit.--Subsection'' and inserting 
     ``credit.--
       ``(A) In general.--Subsection'', and
       (2) by adding at the end the following new subparagraphs
       ``(B) Rule for determination of earned income.--
       ``(i) In general.--In the case of a taxable year beginning 
     after 2023, if the earned income of the taxpayer for such 
     taxable year is less than the earned income of the taxpayer 
     for the preceding taxable year, subsection (d)(1)(B)(i) may, 
     at the election of the taxpayer, be applied by substituting--

       ``(I) the earned income for such preceding taxable year, 
     for
       ``(II) the earned income for the current taxable year.

       ``(ii) Application to joint returns.--For purposes of 
     clause (i), in the case of a joint return, the earned income 
     of the taxpayer for the preceding taxable year shall be the 
     sum of the earned income of each spouse for such preceding 
     taxable year.''.
       (b) Errors Treated as Mathematical Errors.--Paragraph (2) 
     of section 6213(g) of the Internal Revenue Code of 1986 is 
     amended by striking ``and'' at the end of subparagraph (U), 
     by striking the period at the end of subparagraph (V) and 
     inserting ``, and'', and by inserting after subparagraph (V) 
     the following new subparagraph:
       ``(W) in the case of a taxpayer electing the application of 
     section 24(h)(6)(B) for any taxable year, an entry on a 
     return of earned income pursuant to such section which is 
     inconsistent with the amount of such earned income determined 
     by the Secretary for the preceding taxable year.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2023.

     SEC. 105. SPECIAL RULE FOR CERTAIN EARLY-FILED 2023 RETURNS.

       In the case of an individual who claims, on the taxpayer's 
     return of tax for the first taxable year beginning after 
     December 31, 2022, a credit under section 24 of the Internal 
     Revenue Code of 1986 which is determined without regard to 
     the amendments made by sections 101 and 102 of this division, 
     the Secretary of the Treasury (or the Secretary's delegate) 
     shall, to the maximum extent practicable--
       (1) redetermine the amount of such credit (after taking 
     into account such amendments) on the basis of the information 
     provided by the taxpayer on such return, and
       (2) to the extent that such redetermination results in an 
     overpayment of tax, credit or refund such overpayment as 
     expeditiously as possible.

                TITLE II--AMERICAN INNOVATION AND GROWTH

     SEC. 201. DEDUCTION FOR DOMESTIC RESEARCH AND EXPERIMENTAL 
                   EXPENDITURES.

       (a) Delay of Amortization of Domestic Research and 
     Experimental Expenditures.--Section 174 is amended by adding 
     at the end the following new subsection:
       ``(e) Suspension of Application of Section to Domestic 
     Research and Experimental Expenditures.--In the case of any 
     domestic research or experimental expenditures (as defined in 
     section 174A(b)), this section--
       ``(1) shall apply to such expenditures paid or incurred in 
     taxable years beginning after December 31, 2025, and
       ``(2) shall not apply to such expenditures paid or incurred 
     in taxable years beginning on or before such date.''.
       (b) Reinstatement of Expensing for Domestic Research and 
     Experimental Expenditures.--Part VI of subchapter B of 
     chapter 1 is amended by inserting after section 174 the 
     following new section:

     ``SEC. 174A. TEMPORARY RULES FOR DOMESTIC RESEARCH AND 
                   EXPERIMENTAL EXPENDITURES.

       ``(a) Treatment as Expenses.--Notwithstanding section 263, 
     there shall be allowed as a deduction any domestic research 
     or experimental expenditures which are paid or incurred by 
     the taxpayer during the taxable year.
       ``(b) Domestic Research or Experimental Expenditures.--For 
     purposes of this section, the term `domestic research or 
     experimental expenditures' means research or experimental 
     expenditures paid or incurred by the taxpayer in connection 
     with the taxpayer's trade or business other than such 
     expenditures which are attributable to foreign research 
     (within the meaning of section 41(d)(4)(F)).
       ``(c) Amortization of Certain Domestic Research and 
     Experimental Expenditures.--
       ``(1) In general.--At the election of the taxpayer, made in 
     accordance with regulations or other guidance provided by the 
     Secretary, in the case of domestic research or experimental 
     expenditures which would (but for subsection (a)) be 
     chargeable to capital account but not chargeable to property 
     of a character which is subject to the allowance under 
     section 167 (relating to allowance for depreciation, etc.) or 
     section 611 (relating to allowance for depletion), subsection 
     (a) shall not apply and the taxpayer shall--
       ``(A) charge such expenditures to capital account, and
       ``(B) be allowed an amortization deduction of such 
     expenditures ratably over such period of not less than 60 
     months as may be selected by the taxpayer (beginning with the 
     month in which the taxpayer first realizes benefits from such 
     expenditures).
       ``(2) Time for and scope of election.--The election 
     provided by paragraph (1) may be made for any taxable year, 
     but only if made not later than the time prescribed by law 
     for filing the return for such taxable year (including 
     extensions thereof). The method so elected, and the period 
     selected by the taxpayer, shall be adhered to in computing 
     taxable income for the taxable year for which the election is 
     made and for all subsequent taxable years unless, with the 
     approval of the Secretary, a change to a different method (or 
     to a different period) is authorized with respect to part or 
     all of such expenditures. The election shall not apply to any 
     expenditure paid or incurred during any taxable year before 
     the taxable year for which the taxpayer makes the election.
       ``(d) Election to Capitalize Expenses.--In the case of a 
     taxpayer which elects (at such time and in such manner as the 
     Secretary may provide) the application of this subsection, 
     subsections (a) and (c) shall not apply and domestic research 
     or experimental expenditures shall be chargeable to capital 
     account. Such election shall not apply to any expenditure 
     paid or incurred during any taxable year before the taxable 
     year for which the taxpayer makes the election and may be 
     made with respect to part of the expenditures paid or 
     incurred during any taxable year only with the approval of 
     the Secretary.
       ``(e) Special Rules.--
       ``(1) Land and other property.--This section shall not 
     apply to any expenditure for the acquisition or improvement 
     of land, or for the acquisition or improvement of property to 
     be used in connection with the research or experimentation 
     and of a character which is subject to the allowance under 
     section 167 (relating to allowance for depreciation, etc.) or 
     section 611 (relating to allowance for depletion); but for 
     purposes of this section allowances under section 167, and 
     allowances under section 611, shall be considered as 
     expenditures.
       ``(2) Exploration expenditures.--This section shall not 
     apply to any expenditure paid or incurred for the purpose of 
     ascertaining the existence, location, extent, or quality of 
     any deposit of ore or other mineral (including oil and gas).
       ``(3) Software development.--For purposes of this section, 
     any amount paid or incurred in connection with the 
     development of any software shall be treated as a research or 
     experimental expenditure.
       ``(f) Termination.--
       ``(1) In general.--This section shall not apply to amounts 
     paid or incurred in taxable years beginning after December 
     31, 2025.
       ``(2) Change in method of accounting.--In the case of a 
     taxpayer's first taxable year beginning after December 31, 
     2025, paragraph (1) (and the corresponding application of 
     section 174) shall be treated as a change in method of 
     accounting for purposes of section 481 and--
       ``(A) such change shall be treated as initiated by the 
     taxpayer,
       ``(B) such change shall be treated as made with the consent 
     of the Secretary, and
       ``(C) such change shall be applied only on a cut-off basis 
     for any domestic research or experimental expenditures paid 
     or incurred in taxable years beginning after December 31, 
     2025, and no adjustment under section 481(a) shall be 
     made.''.
       (c) Coordination With Certain Other Provisions.--
       (1) Research credit.--
       (A) Section 41(d)(1)(A) is amended by inserting ``or 
     domestic research or experimental expenditures under section 
     174A'' after ``section 174''.
       (B) Section 280C(c)(1) is amended to read as follows:

[[Page S3515]]

       ``(1) In general.--The domestic research or experimental 
     expenditures otherwise taken into account under section 174 
     or 174A (as the case may be) shall be reduced by the amount 
     of the credit allowed under section 41(a).''.
       (2) AMT adjustment.--Section 56(b)(2) is amended by 
     striking ``174(a)'' each place it appears and inserting 
     ``174A(a)''.
       (3) Optional 10-year writeoff.--Section 59(e)(2)(B) is 
     amended by striking ``section 174(a) (relating to research 
     and experimental expenditures)'' and inserting ``section 
     174A(a) (relating to temporary rules for domestic research 
     and experimental expenditures)''.
       (4) Qualified small issue bonds.--Section 144(a)(4)(C)(iv) 
     is amended by striking ``174(a)'' and inserting ``174A(a)''.
       (5) Start-up expenditures.--Section 195(c)(1) is amended by 
     striking ``or 174'' in the last sentence and inserting ``174, 
     or 174A''.
       (6) Capital expenditures.--
       (A) Section 263(a)(1)(B) is amended by inserting `` or 
     174A'' after ``174''.
       (B) Section 263A(c)(2) is amended by inserting ``or 174A'' 
     after ``174''.
       (7) Active business computer software royalties.--Section 
     543(d)(4)(A)(i) is amended by inserting ``174A,'' after 
     ``174,''.
       (8) Source rules.--Section 864(g)(2) is amended in the last 
     sentence--
       (A) by striking ``treated as deferred expenses under 
     subsection (b) of section 174'' and inserting ``allowed as an 
     amortization deduction under section 174(a) or section 
     174A(c),'', and
       (B) by striking ``such subsection'' and inserting ``such 
     section (as the case may be)''.
       (9) Basis adjustment.--Section 1016(a)(14) is amended by 
     striking ``deductions as deferred expenses under section 
     174(b)(1) (relating to research and experimental 
     expenditures)'' and inserting ``deductions under section 174 
     or 174A''.
       (10) Small business stock.--Section 1202(e)(2)(B) is 
     amended by striking ``research and experimental expenditures 
     under section 174'' and inserting ``specified research or 
     experimental expenditures under section 174 or domestic 
     research or experimental expenditures under section 174A''.
       (d) Conforming Amendments.--
       (1) Section 13206 of Public Law 115-97 is amended by 
     striking subsection (b) (relating to change in method of 
     accounting).
       (2) The table of sections for part VI of subchapter B of 
     chapter 1 is amended by inserting after the item relating to 
     section 174 the following new item:

``Sec. 174A. Temporary rules for domestic research and experimental 
              expenditures.''.
       (e) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to amounts paid or incurred in taxable years beginning after 
     December 31, 2021.
       (2) Coordination with research credit.--The amendment made 
     by subsection (c)(1)(B) shall apply to taxable years 
     beginning after December 31, 2022.
       (3) Repeal of superceded change in method of accounting 
     rules.--The amendment made by subsection (d)(1) shall take 
     effect as if included in Public Law 115-97.
       (4) No inference with respect to coordination with research 
     credit for prior periods.--The amendment made by subsection 
     (c)(1)(B) shall not be construed to create any inference with 
     respect to the proper application of section 280C(c) of the 
     Internal Revenue Code of 1986 with respect to taxable years 
     beginning before January 1, 2023.
       (f) Transition Rules.--
       (1) In general.--Except as otherwise provided by the 
     Secretary, an election made under subsection (c) or (d) of 
     section 174A of the Internal Revenue Code of 1986 (as added 
     by this section) for the taxpayer's first taxable year 
     beginning after December 31, 2021, shall not fail to be 
     treated as timely made (or as made on the return) if made 
     during the 1-year period beginning on the date of the 
     enactment of this Act on an amended return for the taxpayer's 
     first taxable year beginning after December 31, 2021, or in 
     such other manner as the Secretary may provide.
       (2) Election regarding treatment as change in method of 
     accounting.--In the case of any taxpayer which (as of the 
     date of the enactment of this Act) had adopted a method of 
     accounting provided by section 174 of the Internal Revenue 
     Code of 1986 (as in effect prior to the amendments made by 
     this section) for the taxpayer's first taxable year beginning 
     after December 31, 2021, and elects the application of this 
     paragraph--
       (A) the amendments made by this section shall be treated as 
     a change in method of accounting for purposes of section 481 
     of such Code,
       (B) such change shall be treated as initiated by the 
     taxpayer for the taxpayer's immediately succeeding taxable 
     year,
       (C) such change shall be treated as made with the consent 
     of the Secretary,
       (D) such change shall be applied on a modified cut-off 
     basis, taking into account for purposes of section 481(a) of 
     such Code only the domestic research or experimental 
     expenditures (as defined in section 174A(b) of such Code (as 
     added by this section) and determined by applying the rules 
     of section 174A(e) of such Code) paid or incurred in the 
     taxpayer's first taxable year beginning after December 31, 
     2021, and not allowed as a deduction in such taxable year, 
     and
       (E) in the case of a taxpayer which elects the application 
     of this subparagraph, the amount of such change (as 
     determined under subparagraph (D)) shall be taken into 
     account ratably over the 2-taxable-year period beginning with 
     the taxable year referred to in subparagraph (B).
       (3) Election regarding 10-year writeoff.--
       (A) In general.--Except as otherwise provided by the 
     Secretary, an eligible taxpayer which files, during the 1-
     year period beginning on the date of the enactment of this 
     Act, an amended income tax return for the taxable year 
     described in subparagraph (B)(ii) may elect the application 
     of section 59(e) of the Internal Revenue Code of 1986 with 
     respect to qualified expenditures described in section 
     59(e)(2)(B) of such Code (as amended by subsection (c)(3)) 
     with respect to such taxable year. Such election shall be 
     filed with such amended income tax return and shall be 
     effective only to the extent that such election would have 
     been effective if filed with the original income tax return 
     for such taxable year (determined after taking into account 
     the amendment made by subsection (c)(3)).
       (B) Eligible taxpayer.--For purposes of subparagraph (A), 
     the term ``eligible taxpayer'' means any taxpayer which--
       (i) does not elect the application of paragraph (2), and
       (ii) filed an income tax return for such taxpayer's first 
     taxable year beginning after December 31, 2021, before the 
     earlier of--

       (I) the due date for such return, and
       (II) the date of the enactment of this Act.

       (4) Election regarding coordination with research credit.--
     Except as otherwise provided by the Secretary, an eligible 
     taxpayer (as defined in paragraph (3)(B) without regard to 
     clause (i) thereof) which files, during the 1-year period 
     beginning on the date of the enactment of this Act, an 
     amended income tax return for the taxpayer's first taxable 
     year beginning after December 31, 2021, may, notwithstanding 
     subparagraph (C) of section 280C(c)(2) of the Internal 
     Revenue Code of 1986 make, or revoke, on such amended return 
     the election under such section for such taxable year.

     SEC. 202. EXTENSION OF ALLOWANCE FOR DEPRECIATION, 
                   AMORTIZATION, OR DEPLETION IN DETERMINING THE 
                   LIMITATION ON BUSINESS INTEREST.

       (a) In General.--Section 163(j)(8)(A)(v) is amended by 
     striking ``January 1, 2022'' and inserting ``January 1, 
     2026''.
       (b) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendment made by this section shall apply to 
     taxable years beginning after December 31, 2023.
       (2) Election to apply extension retroactively.--In the case 
     of a taxpayer which elects (at such time and in such manner 
     as the Secretary may provide) the application of this 
     paragraph, paragraph (1) shall be applied by substituting 
     ``December 31, 2021'' for ``December 31, 2023''.

     SEC. 203. EXTENSION OF 100 PERCENT BONUS DEPRECIATION.

       (a) In General.--Section 168(k)(6)(A) is amended--
       (1) in clause (i)--
       (A) by striking ``2023'' and inserting ``2026'', and
       (B) by adding ``and'' at the end, and
       (2) by striking clauses (ii), (iii), and (iv), and 
     redesignating clause (v) as clause (ii).
       (b) Property With Longer Production Periods.--Section 
     168(k)(6)(B) is amended--
       (1) in clause (i)--
       (A) by striking ``2024'' and inserting ``2027'', and
       (B) by adding ``and'' at the end, and
       (2) by striking clauses (ii), (iii), and (iv), and 
     redesignating clause (v) as clause (ii).
       (c) Plants Bearing Fruits and Nuts.--Section 168(k)(6)(C) 
     is amended--
       (1) in clause (i)--
       (A) by striking ``2023'' and inserting ``2026'', and
       (B) by adding ``and'' at the end, and
       (2) by striking clauses (ii), (iii), and (iv), and 
     redesignating clause (v) as clause (ii).
       (d) Effective Dates.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to property placed in service after December 31, 2022.
       (2) Plants bearing fruits and nuts.--The amendments made by 
     subsection (c) shall apply to specified plants planted or 
     grafted after December 31, 2022.

     SEC. 204. INCREASE IN LIMITATIONS ON EXPENSING OF DEPRECIABLE 
                   BUSINESS ASSETS.

       (a) In General.--Section 179(b) is amended--
       (1) by striking ``$1,000,000'' in paragraph (1) and 
     inserting ``$1,290,000'', and
       (2) by striking ``$2,500,000'' in paragraph (2) and 
     inserting ``$3,220,000''.
       (b) Inflation Adjustment.--Section 179(b)(6) is amended--
       (1) by striking ``2018'' and inserting ``2024 (2018 in the 
     case of the dollar amount in paragraph (5)(A))'', and
       (2) by striking `` `calendar year 2017'' and inserting `` 
     `calendar year 2024' (`calendar year 2017' in the case of the 
     dollar amount in paragraph (5)(A))''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service in taxable years 
     beginning after December 31, 2023.

[[Page S3516]]

  


              TITLE III--INCREASING GLOBAL COMPETITIVENESS

    Subtitle A--United States-Taiwan Expedited Double-Tax Relief Act

     SEC. 301. SHORT TITLE.

       This subtitle may be cited as the ``United States-Taiwan 
     Expedited Double-Tax Relief Act''.

     SEC. 302. SPECIAL RULES FOR TAXATION OF CERTAIN RESIDENTS OF 
                   TAIWAN.

       (a) In General.--Subpart D of part II of subchapter N of 
     chapter 1 is amended by inserting after section 894 the 
     following new section:

     ``SEC. 894A. SPECIAL RULES FOR QUALIFIED RESIDENTS OF TAIWAN.

       ``(a) Certain Income From United States Sources.--
       ``(1) Interest, dividends, and royalties, etc.--
       ``(A) In general.--In the case of interest (other than 
     original issue discount), dividends, royalties, amounts 
     described in section 871(a)(1)(C), and gains described in 
     section 871(a)(1)(D) received by or paid to a qualified 
     resident of Taiwan--
       ``(i) sections 871(a), 881(a), 1441(a), 1441(c)(5), and 
     1442(a) shall each be applied by substituting `the applicable 
     percentage (as defined in section 894A(a)(1)(C))' for `30 
     percent' each place it appears, and
       ``(ii) sections 871(a), 881(a), and 1441(c)(1) shall each 
     be applied by substituting `a United States permanent 
     establishment of a qualified resident of Taiwan' for `a trade 
     or business within the United States' each place it appears.
       ``(B) Exceptions.--
       ``(i) In general.--Subparagraph (A) shall not apply to--

       ``(I) any dividend received from or paid by a real estate 
     investment trust which is not a qualified REIT dividend,
       ``(II) any amount subject to section 897,
       ``(III) any amount received from or paid by an expatriated 
     entity (as defined in section 7874(a)(2)) to a foreign 
     related person (as defined in section 7874(d)(3)), and
       ``(IV) any amount which is included in income under section 
     860C to the extent that such amount does not exceed an excess 
     inclusion with respect to a REMIC.

       ``(ii) Qualified reit dividend.--For purposes of clause 
     (i)(I), the term `qualified REIT dividend' means any dividend 
     received from or paid by a real estate investment trust if 
     such dividend is paid with respect to a class of shares that 
     is publicly traded and the recipient of the dividend is a 
     person who holds an interest in any class of shares of the 
     real estate investment trust of not more than 5 percent.
       ``(C) Applicable percentage.--For purposes of applying 
     subparagraph (A)(i)--
       ``(i) In general.--Except as provided in clause (ii), the 
     term `applicable percentage' means 10 percent.
       ``(ii) Special rules for dividends.-- In the case of any 
     dividend in respect of stock received by or paid to a 
     qualified resident of Taiwan, the applicable percentage shall 
     be 15 percent (10 percent in the case of a dividend which 
     meets the requirements of subparagraph (D) and is received by 
     or paid to an entity taxed as a corporation in Taiwan).
       ``(D) Requirements for lower dividend rate.--
       ``(i) In general.--The requirements of this subparagraph 
     are met with respect to any dividend in respect of stock in a 
     corporation if, at all times during the 12-month period 
     ending on the date such stock becomes ex-dividend with 
     respect to such dividend--

       ``(I) the dividend is derived by a qualified resident of 
     Taiwan, and
       ``(II) such qualified resident of Taiwan has held directly 
     at least 10 percent (by vote and value) of the total 
     outstanding shares of stock in such corporation.

     For purposes of subclause (II), a person shall be treated as 
     directly holding a share of stock during any period described 
     in the preceding sentence if the share was held by a 
     corporation from which such person later acquired that share 
     and such corporation was, at the time the share was acquired, 
     both a connected person to such person and a qualified 
     resident of Taiwan.
       ``(ii) Exception for rics and reits.--Notwithstanding 
     clause (i), the requirements of this subparagraph shall not 
     be treated as met with respect to any dividend paid by a 
     regulated investment company or a real estate investment 
     trust.
       ``(2) Qualified wages.--
       ``(A) In general.--No tax shall be imposed under this 
     chapter (and no amount shall be withheld under section 
     1441(a) or chapter 24) with respect to qualified wages paid 
     to a qualified resident of Taiwan who--
       ``(i) is not a resident of the United States (determined 
     without regard to subsection (c)(3)(E)), or
       ``(ii) is employed as a member of the regular component of 
     a ship or aircraft operated in international traffic.
       ``(B) Qualified wages.--
       ``(i) In general.--The term `qualified wages' means wages, 
     salaries, or similar remunerations with respect to employment 
     involving the performance of personal services within the 
     United States which--

       ``(I) are paid by (or on behalf of) any employer other than 
     a United States person, and
       ``(II) are not borne by a United States permanent 
     establishment of any person other than a United States 
     person.

       ``(ii) Exceptions.--Such term shall not include directors' 
     fees, income derived as an entertainer or athlete, income 
     derived as a student or trainee, pensions, amounts paid with 
     respect to employment with the United States, any State (or 
     political subdivision thereof), or any possession of the 
     United States (or any political subdivision thereof), or 
     other amounts specified in regulations or guidance under 
     subsection (f)(1)(F).
       ``(3) Income derived from entertainment or athletic 
     activities.--
       ``(A) In general.--No tax shall be imposed under this 
     chapter (and no amount shall be withheld under section 
     1441(a) or chapter 24) with respect to income derived by an 
     entertainer or athlete who is a qualified resident of Taiwan 
     from personal activities as such performed in the United 
     States if the aggregate amount of gross receipts from such 
     activities for the taxable year do not exceed $30,000.
       ``(B) Exception.--Subparagraph (A) shall not apply with 
     respect to--
       ``(i) income which is qualified wages (as defined in 
     paragraph (2)(B), determined without regard to clause (ii) 
     thereof), or
       ``(ii) income which is effectively connected with a United 
     States permanent establishment.
       ``(b) Income Connected With a United States Permanent 
     Establishment of a Qualified Resident of Taiwan.--
       ``(1) In general.--
       ``(A) In general.--In lieu of applying sections 871(b) and 
     882, a qualified resident of Taiwan that carries on a trade 
     or business within the United States through a United States 
     permanent establishment shall be taxable as provided in 
     section 1, 11, 55, or 59A, on its taxable income which is 
     effectively connected with such permanent establishment.
       ``(B) Determination of taxable income.--In determining 
     taxable income for purposes of paragraph (1), gross income 
     includes only gross income which is effectively connected 
     with the permanent establishment.
       ``(2) Treatment of dispositions of united states real 
     property.--In the case of a qualified resident of Taiwan, 
     section 897(a) shall be applied--
       ``(A) by substituting `carried on a trade or business 
     within the United States through a United States permanent 
     establishment' for `were engaged in a trade or business 
     within the United States', and
       ``(B) by substituting `such United States permanent 
     establishment' for `such trade or business'.
       ``(3) Treatment of branch profits taxes.--In the case of 
     any corporation which is a qualified resident of Taiwan, 
     section 884 shall be applied--
       ``(A) by substituting `10 percent' for `30 percent ' in 
     subsection (a) thereof, and
       ``(B) by substituting `a United States permanent 
     establishment of a qualified resident of Taiwan' for `the 
     conduct of a trade or business within the United States' in 
     subsection (d)(1) thereof.
       ``(4) Special rule with respect to income derived from 
     certain entertainment or athletic activities.--
       ``(A) In general.--Paragraph (1) shall not apply to the 
     extent that the income is derived--
       ``(i) in respect of entertainment or athletic activities 
     performed in the United States, and
       ``(ii) by a qualified resident of Taiwan who is not the 
     entertainer or athlete performing such activities.
       ``(B) Exception.--Subparagraph (A) shall not apply if the 
     person described in subparagraph (A)(ii) is contractually 
     authorized to designate the individual who is to perform such 
     activities.
       ``(5) Special rule with respect to certain amounts.--
     Paragraph (1) shall not apply to any income which is wages, 
     salaries, or similar remuneration with respect to employment 
     or with respect to any amount which is described in 
     subsection (a)(2)(B)(ii).
       ``(c) Qualified Resident of Taiwan.--For purposes of this 
     section--
       ``(1) In general.--The term `qualified resident of Taiwan' 
     means any person who--
       ``(A) is liable to tax under the laws of Taiwan by reason 
     of such person's domicile, residence, place of management, 
     place of incorporation, or any similar criterion,
       ``(B) is not a United States person (determined without 
     regard to paragraph (3)(E)), and
       ``(C) in the case of an entity taxed as a corporation in 
     Taiwan, meets the requirements of paragraph (2).
       ``(2) Limitation on benefits for corporate entities of 
     taiwan.--
       ``(A) In general.--Subject to subparagraphs (E) and (F), an 
     entity meets the requirements of this paragraph only if it--
       ``(i) meets the ownership and income requirements of 
     subparagraph (B),
       ``(ii) meets the publicly traded requirements of 
     subparagraph (C), or
       ``(iii) meets the qualified subsidiary requirements of 
     subparagraph (D).
       ``(B) Ownership and income requirements.--The requirements 
     of this subparagraph are met for an entity if--
       ``(i) at least 50 percent (by vote and value) of the total 
     outstanding shares of stock in such entity are owned directly 
     or indirectly by qualified residents of Taiwan, and
       ``(ii) less than 50 percent of such entity's gross income 
     (and in the case of an entity that is a member of a tested 
     group, less than 50 percent of the tested group's gross 
     income) is paid or accrued, directly or indirectly, in the 
     form of payments that are deductible for purposes of the 
     income taxes imposed by Taiwan, to persons who are not--

[[Page S3517]]

       ``(I) qualified residents of Taiwan, or
       ``(II) United States persons who meet such requirements 
     with respect to the United States as determined by the 
     Secretary to be equivalent to the requirements of this 
     subsection (determined without regard to paragraph (1)(B)) 
     with respect to residents of Taiwan.

       ``(C) Publicly traded requirements.--An entity meets the 
     requirements of this subparagraph if--
       ``(i) the principal class of its shares (and any 
     disproportionate class of shares) of such entity are 
     primarily and regularly traded on an established securities 
     market in Taiwan, or
       ``(ii) the primary place of management and control of the 
     entity is in Taiwan and all classes of its outstanding shares 
     described in clause (i) are regularly traded on an 
     established securities market in Taiwan.
       ``(D) Qualified subsidiary requirements.--An entity meets 
     the requirement of this subparagraph if--
       ``(i) at least 50 percent (by vote and value) of the total 
     outstanding shares of the stock of such entity are owned 
     directly or indirectly by 5 or fewer entities--

       ``(I) which meet the requirements of subparagraph (C), or
       ``(II) which are United States persons the principal class 
     of the shares (and any disproportionate class of shares) of 
     which are primarily and regularly traded on an established 
     securities market in the United States, and

       ``(ii) the entity meets the requirements of clause (ii) of 
     subparagraph (B).
       ``(E) Only indirect ownership through qualifying 
     intermediaries counted.--
       ``(i) In general.--Stock in an entity owned by a person 
     indirectly through 1 or more other persons shall not be 
     treated as owned by such person in determining whether the 
     person meets the requirements of subparagraph (B)(i) or 
     (D)(i) unless all such other persons are qualifying 
     intermediate owners.
       ``(ii) Qualifying intermediate owners.--The term 
     `qualifying intermediate owner' means a person that is--

       ``(I) a qualified resident of Taiwan, or
       ``(II) a resident of any other foreign country (other than 
     a foreign country that is a foreign country of concern) that 
     has in effect a comprehensive convention with the United 
     States for the avoidance of double taxation.

       ``(iii) Special rule for qualified subsidiaries.--For 
     purposes of applying subparagraph (D)(i), the term 
     `qualifying intermediate owner' shall include any person who 
     is a United States person who meets such requirements with 
     respect to the United States as determined by the Secretary 
     to be equivalent to the requirements of this subsection 
     (determined without regard to paragraph (1)(B)) with respect 
     to residents of Taiwan.
       ``(F) Certain payments not included.--In determining 
     whether the requirements of subparagraph (B)(ii) or (D)(ii) 
     are met with respect to an entity, the following payments 
     shall not be taken into account:
       ``(i) Arm's-length payments by the entity in the ordinary 
     course of business for services or tangible property.
       ``(ii) In the case of a tested group, intra-group 
     transactions.
       ``(3) Dual residents.--
       ``(A) Rules for determination of status.--
       ``(i) In general.--An individual who is an applicable dual 
     resident and who is described in subparagraph (B), (C), or 
     (D) shall be treated as a qualified resident of Taiwan.
       ``(ii) Applicable dual resident.--For purposes of this 
     paragraph, the term `applicable dual resident' means an 
     individual who--

       ``(I) is not a United States citizen,
       ``(II) is a resident of the United States (determined 
     without regard to subparagraph (E)), and
       ``(III) would be a qualified resident of Taiwan but for 
     paragraph (1)(B).

       ``(B) Permanent home.--An individual is described in this 
     subparagraph if such individual--
       ``(i) has a permanent home available to such individual in 
     Taiwan, and
       ``(ii) does not have a permanent home available to such 
     individual in the United States.
       ``(C) Center of vital interests.--An individual is 
     described in this subparagraph if--
       ``(i) such individual has a permanent home available to 
     such individual in both Taiwan and the United States, and
       ``(ii) such individual's personal and economic relations 
     (center of vital interests) are closer to Taiwan than to the 
     United States.
       ``(D) Habitual abode.--An individual is described in this 
     subparagraph if--
       ``(i) such individual--

       ``(I) does not have a permanent home available to such 
     individual in either Taiwan or the United States, or
       ``(II) has a permanent home available to such individual in 
     both Taiwan and the United States but such individual's 
     center of vital interests under subparagraph (C)(ii) cannot 
     be determined, and

       ``(ii) such individual has a habitual abode in Taiwan and 
     not the United States.
       ``(E) United states tax treatment of qualified resident of 
     taiwan.--Notwithstanding section 7701, an individual who is 
     treated as a qualified resident of Taiwan by reason of this 
     paragraph for all or any portion of a taxable year shall not 
     be treated as a resident of the United States for purposes of 
     computing such individual's United States income tax 
     liability for such taxable year or portion thereof.
       ``(4) Rules of special application.--
       ``(A) Dividends.--For purposes of applying this section to 
     any dividend, paragraph (2)(D) shall be applied without 
     regard to clause (ii) thereof.
       ``(B) Items of income emanating from an active trade or 
     business in taiwan.--For purposes of this section--
       ``(i) In general.--Notwithstanding the preceding paragraphs 
     of this subsection, if an entity taxed as a corporation in 
     Taiwan is not a qualified resident of Taiwan but meets the 
     requirements of subparagraphs (A) and (B) of paragraph (1), 
     any qualified item of income such entity derived from the 
     United States shall be treated as income of a qualified 
     resident of Taiwan.
       ``(ii) Qualified items of income.--

       ``(I) In general.--The term `qualified item of income' 
     means any item of income which emanates from, or is 
     incidental to, the conduct of an active trade or business in 
     Taiwan (other than operating as a holding company, providing 
     overall supervision or administration of a group of 
     companies, providing group financing, or making or managing 
     investments (unless such making or managing investments is 
     carried on by a bank, insurance company, or registered 
     securities dealer in the ordinary course of its business as 
     such)).
       ``(II) Substantial activity requirement.--An item of income 
     which is derived from a trade or business conducted in the 
     United States or from a connected person shall be a qualified 
     item of income only if the trade or business activity 
     conducted in Taiwan to which the item is related is 
     substantial in relation to the same or a complementary trade 
     or business activity carried on in the United States. For 
     purposes of applying this subclause, activities conducted by 
     persons that are connected to the entity described in clause 
     (i) shall be deemed to be conducted by such entity.

       ``(iii) Exception.--This subparagraph shall not apply to 
     any item of income derived by an entity if at least 50 
     percent (by vote or value) of such entity is owned (directly 
     or indirectly) or controlled by residents of a foreign 
     country of concern.
       ``(d) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) United states permanent establishment.--
       ``(A) In general.--The term `United States permanent 
     establishment' means, with respect to a qualified resident of 
     Taiwan, a permanent establishment of such resident which is 
     within the United States.
       ``(B) Special rule.--The determination of whether there is 
     a permanent establishment of a qualified resident of Taiwan 
     within the United States shall be made without regard to 
     whether an entity which is taxed as a corporation in Taiwan 
     and which is a qualified resident of Taiwan controls or is 
     controlled by--
       ``(i) a domestic corporation, or
       ``(ii) any other person that carries on business in the 
     United States (whether through a permanent establishment or 
     otherwise).
       ``(2) Permanent establishment.--
       ``(A) In general.--The term `permanent establishment' means 
     a fixed place of business through which a trade or business 
     is wholly or partly carried on. Such term shall include--
       ``(i) a place of management,
       ``(ii) a branch,
       ``(iii) an office,
       ``(iv) a factory,
       ``(v) a workshop, and
       ``(vi) a mine, an oil or gas well, a quarry, or any other 
     place of extraction of natural resources.
       ``(B) Special rules for certain temporary projects.--
       ``(i) In general.--A building site or construction or 
     installation project, or an installation or drilling rig or 
     ship used for the exploration or exploitation of the sea bed 
     and its subsoil and their natural resources, constitutes a 
     permanent establishment only if it lasts, or the activities 
     of the rig or ship lasts, for more than 12 months.
       ``(ii) Determination of 12-month period.--For purposes of 
     clause (i), the period over which a building site or 
     construction or installation project of a person lasts shall 
     include any period of more than 30 days during which such 
     person does not carry on activities at such building site or 
     construction or installation project but connected activities 
     are carried on at such building site or construction or 
     installation project by one or more connected persons.
       ``(C) Habitual exercise of contract authority treated as 
     permanent establishment.--Notwithstanding subparagraphs (A) 
     and (B), where a person (other than an agent of an 
     independent status to whom subparagraph (D)(ii) applies) is 
     acting on behalf of a trade or business of a qualified 
     resident of Taiwan and has and habitually exercises an 
     authority to conclude contracts that are binding on the trade 
     or business, that trade or business shall be deemed to have a 
     permanent establishment in the country in which such 
     authority is exercised in respect of any activities that the 
     person undertakes for the trade or business, unless the 
     activities of such person are limited to those described in 
     subparagraph (D)(i) that, if exercised through a fixed place 
     of business, would not make this fixed place of business a 
     permanent establishment under the provisions of that 
     subparagraph.
       ``(D) Exclusions.--

[[Page S3518]]

       ``(i) In general.--Notwithstanding subparagraphs (A) and 
     (B), the term `permanent establishment' shall not include--

       ``(I) the use of facilities solely for the purpose of 
     storage, display, or delivery of goods or merchandise 
     belonging to the trade or business,
       ``(II) the maintenance of a stock of goods or merchandise 
     belonging to the trade or business solely for the purpose of 
     storage, display, or delivery,
       ``(III) the maintenance of a stock of goods or merchandise 
     belonging to the trade or business solely for the purpose of 
     processing by another trade or business,
       ``(IV) the maintenance of a fixed place of business solely 
     for the purpose of purchasing goods or merchandise, or of 
     collecting information, for the trade or business,
       ``(V) the maintenance of a fixed place of business solely 
     for the purpose of carrying on, for the trade or business, 
     any other activity of a preparatory or auxiliary character, 
     or
       ``(VI) the maintenance of a fixed place of business solely 
     for any combination of the activities mentioned in subclauses 
     (I) through (V), provided that the overall activity of the 
     fixed place of business resulting from this combination is of 
     a preparatory or auxiliary character.

       ``(ii) Brokers and other independent agents.--A trade or 
     business shall not be considered to have a permanent 
     establishment in a country merely because it carries on 
     business in such country through a broker, general commission 
     agent, or any other agent of an independent status, provided 
     that such persons are acting in the ordinary course of their 
     business as independent agents.
       ``(3) Tested group.--The term `tested group' includes, with 
     respect to any entity taxed as a corporation in Taiwan, such 
     entity and any other entity taxed as a corporation in Taiwan 
     that--
       ``(A) participates as a member with such entity in a tax 
     consolidation, fiscal unity, or similar regime that requires 
     members of the group to share profits or losses, or
       ``(B) shares losses with such entity pursuant to a group 
     relief or other loss sharing regime.
       ``(4) Connected person.--Two persons shall be `connected 
     persons' if one owns, directly or indirectly, at least 50 
     percent of the interests in the other (or, in the case of a 
     corporation, at least 50 percent of the aggregate vote and 
     value of the corporation's shares) or another person owns, 
     directly or indirectly, at least 50 percent of the interests 
     (or, in the case of a corporation, at least 50 percent of the 
     aggregate vote and value of the corporation's shares) in each 
     person. In any case, a person shall be connected to another 
     if, based on all the relevant facts and circumstances, one 
     has control of the other or both are under the control of the 
     same person or persons.
       ``(5) Foreign country of concern.--The term `foreign 
     country of concern' has the meaning given such term under 
     paragraph (7) of section 9901 of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (15 U.S.C. 4651(7)), as added by section 103(a)(4) of 
     the CHIPS Act of 2022).
       ``(6) Partnerships; beneficiaries of estates and trusts.--
     For purposes of this section--
       ``(A) a qualified resident of Taiwan which is a partner of 
     a partnership which carries on a trade or business within the 
     United States through a United States permanent establishment 
     shall be treated as carrying on such trade or business 
     through such permanent establishment, and
       ``(B) a qualified resident of Taiwan which is a beneficiary 
     of an estate or trust which carries on a trade or business 
     within the United States through a United States permanent 
     establishment shall be treated as carrying on such trade or 
     business through such permanent establishment.
       ``(7) Denial of benefits for certain payments through 
     hybrid entities.--For purposes of this section, rules similar 
     to the rules of section 894(c) shall apply.
       ``(e) Application.--
       ``(1) In general.--This section shall not apply to any 
     period unless the Secretary has determined that Taiwan has 
     provided benefits to United States persons for such period 
     that are reciprocal to the benefits provided to qualified 
     residents of Taiwan under this section.
       ``(2) Provision of reciprocity.--The President or his 
     designee is authorized to exchange letters, enter into an 
     agreement, or take other necessary and appropriate steps 
     relative to Taiwan for the reciprocal provision of the 
     benefits described in this section.
       ``(f) Regulations or Other Guidance.--
       ``(1) In general.--The Secretary shall issue such 
     regulations or other guidance as may be necessary or 
     appropriate to carry out the provisions of this section, 
     including such regulations or guidance for--
       ``(A) determining--
       ``(i) what constitutes a United States permanent 
     establishment of a qualified resident of Taiwan, and
       ``(ii) income that is effectively connected with such a 
     permanent establishment,
       ``(B) preventing the abuse of the provisions of this 
     section by persons who are not (or who should not be treated 
     as) qualified residents of Taiwan,
       ``(C) requirements for record keeping and reporting,
       ``(D) rules to assist withholding agents or employers in 
     determining whether a foreign person is a qualified resident 
     of Taiwan for purposes of determining whether withholding or 
     reporting is required for a payment (and, if withholding is 
     required, whether it should be applied at a reduced rate),
       ``(E) the application of subsection (a)(1)(D)(i) to stock 
     held by predecessor owners,
       ``(F) determining what amounts are to be treated as 
     qualified wages for purposes of subsection (a)(2),
       ``(G) determining the amounts to which subsection (a)(3) 
     applies,
       ``(H) defining established securities market for purposes 
     of subsection (c),
       ``(I) the application of the rules of subsection (c)(4)(B),
       ``(J) the application of subsection (d)(6) and section 
     1446,
       ``(K) determining ownership interests held by residents of 
     a foreign country of concern, and
       ``(L) determining the starting and ending dates for periods 
     with respect to the application of this section under 
     subsection (e), which may be separate dates for taxes 
     withheld at the source and other taxes.
       ``(2) Regulations to be consistent with model treaty.--Any 
     regulations or other guidance issued under this section 
     shall, to the extent practical, be consistent with the 
     provisions of the United States model income tax convention 
     dated February 7, 2016.''.
       (b) Conforming Amendment to Withholding Tax.--Subchapter A 
     of chapter 3 is amended by adding at the end the following 
     new section:

     ``SEC. 1447. WITHHOLDING FOR QUALIFIED RESIDENTS OF TAIWAN.

       ``For reduced rates of withholding for certain residents of 
     Taiwan, see section 894A.''.
       (c) Clerical Amendments.--
       (1) The table of sections for subpart D of part II of 
     subchapter N of chapter 1 is amended by inserting after the 
     item relating to section 894 the following new item:

``Sec. 894A. Special rules for qualified residents of Taiwan.''.
       (2) The table of sections for subchapter A of chapter 3 is 
     amended by adding at the end the following new item:

``Sec. 1447. Withholding for qualified residents of Taiwan.''.

    Subtitle B--United States-Taiwan Tax Agreement Authorization Act

     SEC. 311. SHORT TITLE.

       This subtitle may be cited as the ``United States-Taiwan 
     Tax Agreement Authorization Act''.

     SEC. 312. DEFINITIONS.

       In this subtitle:
       (1) Agreement.--The term ``Agreement'' means the tax 
     agreement authorized by section 313(a).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Finance of the Senate; and
       (B) the Committee on Ways and Means of the House of 
     Representatives.
       (3) Approval legislation.--The term ``approval 
     legislation'' means legislation that approves the Agreement.
       (4) Implementing legislation.--The term ``implementing 
     legislation'' means legislation that makes any changes to the 
     Internal Revenue Code of 1986 necessary to implement the 
     Agreement.

     SEC. 313. AUTHORIZATION TO NEGOTIATE AND ENTER INTO 
                   AGREEMENT.

       (a) In General.--Subsequent to a determination under 
     section 894A(e)(1) of the Internal Revenue Code of 1986 (as 
     added by the United States-Taiwan Expedited Double-Tax Relief 
     Act), the President is authorized to negotiate and enter into 
     a tax agreement relative to Taiwan.
       (b) Elements of Agreement.--
       (1) Conformity with bilateral income tax conventions.--The 
     President shall ensure that--
       (A) any provisions included in the Agreement conform with 
     provisions customarily contained in United States bilateral 
     income tax conventions, as exemplified by the 2016 United 
     States Model Income Tax Convention; and
       (B) the Agreement does not include elements outside the 
     scope of the 2016 United States Model Income Tax Convention.
       (2) Incorporation of tax agreements and laws.--
     Notwithstanding paragraph (1), the Agreement may incorporate 
     and restate provisions of any agreement, or existing United 
     States law, addressing double taxation for residents of the 
     United States and Taiwan.
       (3) Authority.--The Agreement shall include the following 
     statement: ``The Agreement is entered into pursuant to the 
     United States-Taiwan Tax Agreement Authorization Act.''
       (4) Entry into force.--The Agreement shall include a 
     provision conditioning entry into force upon--
       (A) enactment of approval legislation and implementing 
     legislation pursuant to section 317; and
       (B) confirmation by the Secretary of the Treasury that the 
     relevant authority in Taiwan has approved and taken 
     appropriate steps required to implement the Agreement.

     SEC. 314. CONSULTATIONS WITH CONGRESS.

       (a) Notification Upon Commencement of Negotiations.--The 
     President shall provide written notification to the 
     appropriate congressional committees of the commencement

[[Page S3519]]

     of negotiations between the United States and Taiwan on the 
     Agreement at least 15 calendar days before commencing such 
     negotiations.
       (b) Consultations During Negotiations.--
       (1) Briefings.--Not later than 90 days after commencement 
     of negotiations with respect to the Agreement, and every 180 
     days thereafter until the President enters into the 
     Agreement, the President shall provide a briefing to the 
     appropriate congressional committees on the status of the 
     negotiations, including a description of elements under 
     negotiation.
       (2) Meetings and other consultations.--
       (A) In general.--In the course of negotiations with respect 
     to the Agreement, the Secretary of the Treasury, in 
     coordination with the Secretary of State, shall--
       (i) meet, upon request, with the chairman or ranking member 
     of any of the appropriate congressional committees regarding 
     negotiating objectives and the status of negotiations in 
     progress; and
       (ii) consult closely and on a timely basis with, and keep 
     fully apprised of the negotiations, the appropriate 
     congressional committees.
       (B) Elements of consultations.--The consultations described 
     in subparagraph (A) shall include consultations with respect 
     to--
       (i) the nature of the contemplated Agreement;
       (ii) how and to what extent the contemplated Agreement is 
     consistent with the elements set forth in section 313(b); and
       (iii) the implementation of the contemplated Agreement, 
     including--

       (I) the general effect of the contemplated Agreement on 
     existing laws;
       (II) proposed changes to any existing laws to implement the 
     contemplated Agreement; and
       (III) proposed administrative actions to implement the 
     contemplated Agreement.

     SEC. 315. APPROVAL AND IMPLEMENTATION OF AGREEMENT.

       (a) In General.--The Agreement may not enter into force 
     unless--
       (1) the President, at least 60 days before the day on which 
     the President enters into the Agreement, publishes the text 
     of the contemplated Agreement on a publicly available website 
     of the Department of the Treasury; and
       (2) there is enacted into law, with respect to the 
     Agreement, approval legislation and implementing legislation 
     pursuant to section 317.
       (b) Entry Into Force.--The President may provide for the 
     Agreement to enter into force upon--
       (1) enactment of approval legislation and implementing 
     legislation pursuant to section 317; and
       (2) confirmation by the Secretary of the Treasury that the 
     relevant authority in Taiwan has approved and taken 
     appropriate steps required to implement the Agreement.

     SEC. 316. SUBMISSION TO CONGRESS OF AGREEMENT AND 
                   IMPLEMENTATION POLICY.

       (a) Submission of Agreement.--Not later than 270 days after 
     the President enters into the Agreement, the President or the 
     President's designee shall submit to Congress--
       (1) the final text of the Agreement; and
       (2) a technical explanation of the Agreement.
       (b) Submission of Implementation Policy.--Not later than 
     270 days after the President enters into the Agreement, the 
     Secretary of the Treasury shall submit to Congress--
       (1) a description of those changes to existing laws that 
     the President considers would be required in order to ensure 
     that the United States acts in a manner consistent with the 
     Agreement; and
       (2) a statement of anticipated administrative action 
     proposed to implement the Agreement.

     SEC. 317. CONSIDERATION OF APPROVAL LEGISLATION AND 
                   IMPLEMENTING LEGISLATION.

       (a) In General.--The approval legislation with respect to 
     the Agreement shall include the following: ``Congress 
     approves the Agreement submitted to Congress pursuant to 
     section 316 of the United States-Taiwan Tax Agreement 
     Authorization Act on ____.'', with the blank space being 
     filled with the appropriate date.
       (b) Approval Legislation Committee Referral.--The approval 
     legislation shall--
       (1) in the Senate, be referred to the Committee on Foreign 
     Relations; and
       (2) in the House of Representatives, be referred to the 
     Committee on Ways and Means.
       (c) Implementing Legislation Committee Referral.--The 
     implementing legislation shall--
       (1) in the Senate, be referred to the Committee on Finance; 
     and
       (2) in the House of Representatives, be referred to the 
     Committee on Ways and Means.

     SEC. 318. RELATIONSHIP OF AGREEMENT TO INTERNAL REVENUE CODE 
                   OF 1986.

       (a) Internal Revenue Code of 1986 to Control.--No provision 
     of the Agreement or approval legislation, nor the application 
     of any such provision to any person or circumstance, which is 
     inconsistent with any provision of the Internal Revenue Code 
     of 1986, shall have effect.
       (b) Construction.--Nothing in this subtitle shall be 
     construed--
       (1) to amend or modify any law of the United States; or
       (2) to limit any authority conferred under any law of the 
     United States,
     unless specifically provided for in this subtitle.

     SEC. 319. AUTHORIZATION OF SUBSEQUENT TAX AGREEMENTS RELATIVE 
                   TO TAIWAN.

       (a) In General.--Subsequent to the enactment of approval 
     legislation and implementing legislation pursuant to section 
     317--
       (1) the term ``tax agreement'' in section 313(a) shall be 
     treated as including any tax agreement relative to Taiwan 
     which supplements or supersedes the Agreement to which such 
     approval legislation and implementing legislation relates, 
     and
       (2) the term ``Agreement'' shall be treated as including 
     such tax agreement.
       (b) Requirements, etc., to Apply Separately.--The 
     provisions of this subtitle (including section 314) shall be 
     applied separately with respect to each tax agreement 
     referred to in subsection (a).

     SEC. 320. UNITED STATES TREATMENT OF DOUBLE TAXATION MATTERS 
                   WITH RESPECT TO TAIWAN.

       (a) Findings.--Congress makes the following findings:
       (1) The United States addresses issues with respect to 
     double taxation with foreign countries by entering into 
     bilateral income tax conventions (known as tax treaties) with 
     such countries, subject to the advice and consent of the 
     Senate to ratification pursuant to article II of the 
     Constitution.
       (2) The United States has entered into more than sixty such 
     tax treaties, which facilitate economic activity, strengthen 
     bilateral cooperation, and benefit United States workers, 
     businesses, and other United States taxpayers.
       (3) Due to Taiwan's unique status, the United States is 
     unable to enter into an article II tax treaty with Taiwan, 
     necessitating an agreement to address issues with respect to 
     double taxation.
       (b) Statement of Policy.--It is the policy of the United 
     States to--
       (1) provide for additional bilateral tax relief with 
     respect to Taiwan, beyond that provided for in section 894A 
     of the Internal Revenue Code of 1986 (as added by the United 
     States-Taiwan Expedited Double-Tax Relief Act), only after 
     entry into force of an Agreement, as provided for in section 
     315, and only in a manner consistent with such Agreement; and
       (2) continue to provide for bilateral tax relief with 
     sovereign states to address double taxation and other related 
     matters through entering into bilateral income tax 
     conventions, subject to the Senate's advice and consent to 
     ratification pursuant to article II of the Constitution.

         TITLE IV--ASSISTANCE FOR DISASTER-IMPACTED COMMUNITIES

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Federal Disaster Tax 
     Relief Act of 2024''.

     SEC. 402. EXTENSION OF RULES FOR TREATMENT OF CERTAIN 
                   DISASTER-RELATED PERSONAL CASUALTY LOSSES.

       For purposes of applying section 304(b) of the Taxpayer 
     Certainty and Disaster Tax Relief Act of 2020, section 301 of 
     such Act shall be applied by substituting ``the Federal 
     Disaster Tax Relief Act of 2024'' for ``this Act'' each place 
     it appears.

     SEC. 403. EXCLUSION FROM GROSS INCOME FOR COMPENSATION FOR 
                   LOSSES OR DAMAGES RESULTING FROM CERTAIN 
                   WILDFIRES.

       (a) In General.--For purposes of the Internal Revenue Code 
     of 1986, gross income shall not include any amount received 
     by an individual as a qualified wildfire relief payment.
       (b) Qualified Wildfire Relief Payment.--For purposes of 
     this section--
       (1) In general.--The term ``qualified wildfire relief 
     payment'' means any amount received by or on behalf of an 
     individual as compensation for losses, expenses, or damages 
     (including compensation for additional living expenses, lost 
     wages (other than compensation for lost wages paid by the 
     employer which would have otherwise paid such wages), 
     personal injury, death, or emotional distress) incurred as a 
     result of a qualified wildfire disaster, but only to the 
     extent the losses, expenses, or damages compensated by such 
     payment are not compensated for by insurance or otherwise.
       (2) Qualified wildfire disaster.--The term ``qualified 
     wildfire disaster'' means any federally declared disaster (as 
     defined in section 165(i)(5)(A) of the Internal Revenue Code 
     of 1986) declared, after December 31, 2014, as a result of 
     any forest or range fire.
       (c) Denial of Double Benefit.--Notwithstanding any other 
     provision of the Internal Revenue Code of 1986--
       (1) no deduction or credit shall be allowed (to the person 
     for whose benefit a qualified wildfire relief payment is 
     made) for, or by reason of, any expenditure to the extent of 
     the amount excluded under this section with respect to such 
     expenditure, and
       (2) no increase in the basis or adjusted basis of any 
     property shall result from any amount excluded under this 
     subsection with respect to such property.
       (d) Limitation on Application.--This section shall only 
     apply to qualified wildfire relief payments received by the 
     individual during taxable years beginning after December 31, 
     2019, and before January 1, 2026.

     SEC. 404. EAST PALESTINE DISASTER RELIEF PAYMENTS.

       (a) Disaster Relief Payments to Victims of East Palestine 
     Train Derailment.--East Palestine train derailment payments 
     shall be treated as qualified disaster relief payments for 
     purposes of section 139(b) of the Internal Revenue Code of 
     1986.
       (b) East Palestine Train Derailment Payments.--For purposes 
     of this section, the

[[Page S3520]]

     term ``East Palestine train derailment payment'' means any 
     amount received by or on behalf of an individual as 
     compensation for loss, damages, expenses, loss in real 
     property value, closing costs with respect to real property 
     (including realtor commissions), or inconvenience (including 
     access to real property) resulting from the East Palestine 
     train derailment if such amount was provided by--
       (1) a Federal, State, or local government agency,
       (2) Norfolk Southern Railway, or
       (3) any subsidiary, insurer, or agent of Norfolk Southern 
     Railway or any related person.
       (c) Train Derailment.--For purposes of this section, the 
     term ``East Palestine train derailment'' means the derailment 
     of a train in East Palestine, Ohio, on February 3, 2023.
       (d) Effective Date.--This section shall apply to amounts 
     received on or after February 3, 2023.

                    TITLE V--MORE AFFORDABLE HOUSING

     SEC. 501. STATE HOUSING CREDIT CEILING INCREASE FOR LOW-
                   INCOME HOUSING CREDIT.

       (a) In General.--Section 42(h)(3)(I) is amended--
       (1) by striking ``and 2021,'' and inserting ``2021, 2023, 
     2024, and 2025,'', and
       (2) by striking ``2018, 2019, 2020, and 2021'' in the 
     heading and inserting ``certain calendar years''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to calendar years after 2022.

     SEC. 502. TAX-EXEMPT BOND FINANCING REQUIREMENT.

       (a) In General.--Section 42(h)(4) is amended by striking 
     subparagraph (B) and inserting the following:
       ``(B) Special rule where minimum percent of buildings is 
     financed with tax-exempt bonds subject to volume cap.--For 
     purposes of subparagraph (A), paragraph (1) shall not apply 
     to any portion of the credit allowable under subsection (a) 
     with respect to a building if--
       ``(i) 50 percent or more of the aggregate basis of such 
     building and the land on which the building is located is 
     financed by 1 or more obligations described in subparagraph 
     (A), or
       ``(ii)(I) 30 percent or more of the aggregate basis of such 
     building and the land on which the building is located is 
     financed by 1 or more qualified obligations, and
       ``(II) 1 or more of such qualified obligations--

       ``(aa) are part of an issue the issue date of which is 
     after December 31, 2023, and
       ``(bb) provide the financing for not less than 5 percent of 
     the aggregate basis of such building and the land on which 
     the building is located.

       ``(C) Qualified obligation.--For purposes of subparagraph 
     (B)(ii), the term `qualified obligation' means an obligation 
     which is described in subparagraph (A) and which is part of 
     an issue the issue date of which is before January 1, 
     2026.''.
       (b) Effective Date.--
       (1) In general.--The amendment made by this section shall 
     apply to buildings placed in service in taxable years 
     beginning after December 31, 2023.
       (2) Rehabilitation expenditures treated as separate new 
     building.--In the case of any building with respect to which 
     any expenditures are treated as a separate new building under 
     section 42(e) of the Internal Revenue Code of 1986, for 
     purposes of paragraph (1), both the existing building and the 
     separate new building shall be treated as having been placed 
     in service on the date such expenditures are treated as 
     placed in service under section 42(e)(4) of such Code.

           TITLE VI--TAX ADMINISTRATION AND ELIMINATING FRAUD

     SEC. 601. INCREASE IN THRESHOLD FOR REQUIRING INFORMATION 
                   REPORTING WITH RESPECT TO CERTAIN PAYEES.

       (a) In General.--Sections 6041(a) is amended by striking 
     ``$600'' and inserting ``$1,000''.
       (b) Inflation Adjustment.--Section 6041 is amended by 
     adding at the end the following new subsection:
       ``(h) Inflation Adjustment.--In the case of any calendar 
     year after 2024, the dollar amount in subsection (a) shall be 
     increased by an amount equal to--
       ``(1) such dollar amount, multiplied by
       ``(2) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year, determined by 
     substituting `calendar year 2023' for `calendar year 2016' in 
     subparagraph (A)(ii) thereof.
     If any increase under the preceding sentence is not a 
     multiple of $100, such increase shall be rounded to the 
     nearest multiple of $100.''.
       (c) Application to Reporting on Remuneration for Services 
     and Direct Sales.--Section 6041A is amended--
       (1) in subsection (a)(2), by striking ``is $600 or more'' 
     and inserting ``equals or exceeds the dollar amount in effect 
     for such calendar year under section 6041(a)'', and
       (2) in subsection (b)(1)(B), by striking ``is $5,000 or 
     more'' and inserting ``equals or exceeds the dollar amount in 
     effect for such calendar year under section 6041(a)''.
       (d) Application to Backup Withholding.--Section 3406(b)(6) 
     is amended--
       (1) by striking ``$600'' in subparagraph (A) and inserting 
     ``the dollar amount in effect for such calendar year under 
     section 6041(a)'', and
       (2) by striking ``only where aggregate for calendar year is 
     $600 or more'' in the heading and inserting ``only if in 
     excess of threshold''.
       (e) Conforming Amendments.--
       (1) The heading of section 6041(a) is amended by striking 
     ``of $600 or More'' and inserting ``Exceeding Threshold''.
       (2) Section 6041(a) is amended by striking ``taxable year'' 
     and inserting ``calendar year''.
       (f) Effective Date.--The amendments made by this section 
     shall apply with respect to payments made after December 31, 
     2023.

     SEC. 602. ENFORCEMENT PROVISIONS WITH RESPECT TO COVID-
                   RELATED EMPLOYEE RETENTION CREDITS.

       (a) Increase in Assessable Penalty on COVID-ERTC Promoters 
     for Aiding and Abetting Understatements of Tax Liability.--
       (1) In general.--If any COVID-ERTC promoter is subject to 
     penalty under section 6701(a) of the Internal Revenue Code of 
     1986 with respect to any COVID-ERTC document, notwithstanding 
     paragraphs (1) and (2) of section 6701(b) of such Code, the 
     amount of the penalty imposed under such section 6701(a) 
     shall be the greater of--
       (A) $200,000 ($10,000, in the case of a natural person), or
       (B) 75 percent of the gross income derived (or to be 
     derived) by such promoter with respect to the aid, 
     assistance, or advice referred to in section 6701(a)(1) of 
     such Code with respect to such document.
       (2) No inference.--Paragraph (1) shall not be construed to 
     create any inference with respect to the proper application 
     of the knowledge requirement of section 6701(a)(3) of the 
     Internal Revenue Code of 1986.
       (b) Failure to Comply With Due Diligence Requirements 
     Treated as Knowledge for Purposes of Assessable Penalty for 
     Aiding and Abetting Understatement of Tax Liability.--In the 
     case of any COVID-ERTC promoter, the knowledge requirement of 
     section 6701(a)(3) of the Internal Revenue Code of 1986 shall 
     be treated as satisfied with respect to any COVID-ERTC 
     document with respect to which such promoter provided aid, 
     assistance, or advice, if such promoter fails to comply with 
     the due diligence requirements referred to in subsection 
     (c)(1).
       (c) Assessable Penalty for Failure to Comply With Due 
     Diligence Requirements.--
       (1) In general.--Any COVID-ERTC promoter which provides 
     aid, assistance, or advice with respect to any COVID-ERTC 
     document and which fails to comply with due diligence 
     requirements imposed by the Secretary with respect to 
     determining eligibility for, or the amount of, any COVID-
     related employee retention tax credit, shall pay a penalty of 
     $1,000 for each such failure.
       (2) Due diligence requirements.--Except as otherwise 
     provided by the Secretary, the due diligence requirements 
     referred to in paragraph (1) shall be similar to the due 
     diligence requirements imposed under section 6695(g).
       (3) Restriction to documents used in connection with 
     returns or claims for refund.--Paragraph (1) shall not apply 
     with respect to any COVID-ERTC document unless such document 
     constitutes, or relates to, a return or claim for refund.
       (4) Treatment as assessable penalty, etc.--For purposes of 
     the Internal Revenue Code of 1986, the penalty imposed under 
     paragraph (1) shall be treated in the same manner as a 
     penalty imposed under section 6695(g).
       (5) Secretary.--For purposes of this subsection, the term 
     ``Secretary'' means the Secretary of the Treasury or the 
     Secretary's delegate.
       (d) Assessable Penalties for Failure to Disclose 
     Information, Maintain Client Lists, etc.--For purposes of 
     sections 6111, 6112, 6707 and 6708 of the Internal Revenue 
     Code of 1986--
       (1) any COVID-related employee retention tax credit 
     (whether or not the taxpayer claims such COVID-related 
     employee retention tax credit) shall be treated as a listed 
     transaction (and as a reportable transaction) with respect to 
     any COVID-ERTC promoter if such promoter provides any aid, 
     assistance, or advice with respect to any COVID-ERTC document 
     relating to such COVID-related employee retention tax credit, 
     and
       (2) such COVID-ERTC promoter shall be treated as a material 
     advisor with respect to such transaction.
       (e) COVID-ERTC Promoter.--For purposes of this section--
       (1) In general.--The term ``COVID-ERTC promoter'' means, 
     with respect to any COVID-ERTC document, any person which 
     provides aid, assistance, or advice with respect to such 
     document if--
       (A) such person charges or receives a fee for such aid, 
     assistance, or advice which is based on the amount of the 
     refund or credit with respect to such document and, with 
     respect to such person's taxable year in which such person 
     provided such assistance or the preceding taxable year, the 
     aggregate gross receipts of such person for aid, assistance, 
     and advice with respect to all COVID-ERTC documents exceeds 
     20 percent of the gross receipts of such person for such 
     taxable year, or
       (B) with respect to such person's taxable year in which 
     such person provided such assistance or the preceding taxable 
     year--
       (i) the aggregate gross receipts of such person for aid, 
     assistance, and advice with respect to all COVID-ERTC 
     documents exceeds 50 percent of the gross receipts of such 
     person for such taxable year, or
       (ii) both--

[[Page S3521]]

       (I) such aggregate gross receipts exceeds 20 percent of the 
     gross receipts of such person for such taxable year, and
       (II) the aggregate gross receipts of such person for aid, 
     assistance, and advice with respect to all COVID-ERTC 
     documents (determined after application of paragraph (3)) 
     exceeds $500,000.

       (2) Exception for certified professional employer 
     organizations.--The term ``COVID-ERTC promoter'' shall not 
     include a certified professional employer organization (as 
     defined in section 7705).
       (3) Aggregation rule.--For purposes of paragraph 
     (1)(B)(ii)(II), all persons treated as a single employer 
     under subsection (a) or (b) of section 52 of the Internal 
     Revenue Code of 1986, or subsection (m) or (o) of section 414 
     of such Code, shall be treated as 1 person.
       (4) Short taxable years.--In the case of any taxable year 
     of less than 12 months, paragraph (1) shall be applied with 
     respect to the calendar year in which such taxable year 
     begins (in addition to applying to such taxable year).
       (f) COVID-ERTC Document.--For purposes of this section, the 
     term ``COVID-ERTC document'' means any return, affidavit, 
     claim, or other document related to any COVID-related 
     employee retention tax credit, including any document related 
     to eligibility for, or the calculation or determination of 
     any amount directly related to any COVID-related employee 
     retention tax credit.
       (g) COVID-related Employee Retention Tax Credit.--For 
     purposes of this section, the term ``COVID-related employee 
     retention tax credit'' means--
       (1) any credit, or advance payment, under section 3134 of 
     the Internal Revenue Code of 1986, and
       (2) any credit, or advance payment, under section 2301 of 
     the CARES Act.
       (h) Limitation on Credit and Refund of COVID-related 
     Employee Retention Tax Credits.--Notwithstanding section 6511 
     of the Internal Revenue Code of 1986 or any other provision 
     of law, no credit or refund of any COVID-related employee 
     retention tax credit shall be allowed or made after January 
     31, 2024, unless a claim for such credit or refund is filed 
     by the taxpayer on or before such date.
       (i) Amendments to Extend Limitation on Assessment.--
       (1) In general.--Section 3134(l) of the Internal Revenue 
     Code of 1986 is amended to read as follows:
       ``(l) Extension of Limitation on Assessment.--
       ``(1) In general.--Notwithstanding section 6501, the 
     limitation on the time period for the assessment of any 
     amount attributable to a credit claimed under this section 
     shall not expire before the date that is 6 years after the 
     latest of--
       ``(A) the date on which the original return which includes 
     the calendar quarter with respect to which such credit is 
     determined is filed,
       ``(B) the date on which such return is treated as filed 
     under section 6501(b)(2), or
       ``(C) the date on which the claim for credit or refund with 
     respect to such credit is made.
       ``(2) Deduction for wages taken into account in determining 
     improperly claimed credit.--
       ``(A) In general.--Notwithstanding section 6511, in the 
     case of an assessment attributable to a credit claimed under 
     this section, the limitation on the time period for credit or 
     refund of any amount attributable to a deduction for 
     improperly claimed ERTC wages shall not expire before the 
     time period for such assessment expires under paragraph (1).
       ``(B) Improperly claimed ertc wages.--For purposes of this 
     paragraph, the term `improperly claimed ERTC wages' means, 
     with respect to an assessment attributable to a credit 
     claimed under this section, the wages with respect to which a 
     deduction would not have been allowed if the portion of the 
     credit to which such assessment relates had been properly 
     claimed.''.
       (2) Application to cares act credit.--Section 2301 of the 
     CARES Act is amended by adding at the end the following new 
     subsection:
       ``(o) Extension of Limitation on Assessment.--
       ``(1) In general.--Notwithstanding section 6501 of the 
     Internal Revenue Code of 1986, the limitation on the time 
     period for the assessment of any amount attributable to a 
     credit claimed under this section shall not expire before the 
     date that is 6 years after the latest of--
       ``(A) the date on which the original return which includes 
     the calendar quarter with respect to which such credit is 
     determined is filed,
       ``(B) the date on which such return is treated as filed 
     under section 6501(b)(2) of such Code, or
       ``(C) the date on which the claim for credit or refund with 
     respect to such credit is made.
       ``(2) Deduction for wages taken into account in determining 
     improperly claimed credit.--
       ``(A) In general.--Notwithstanding section 6511 of such 
     Code, in the case of an assessment attributable to a credit 
     claimed under this section, the limitation on the time period 
     for credit or refund of any amount attributable to a 
     deduction for improperly claimed ERTC wages shall not expire 
     before the time period for such assessment expires under 
     paragraph (1).
       ``(B) Improperly claimed ertc wages.--For purposes of this 
     paragraph, the term `improperly claimed ERTC wages' means, 
     with respect to an assessment attributable to a credit 
     claimed under this section, the wages with respect to which a 
     deduction would not have been allowed if the portion of the 
     credit to which such assessment relates had been properly 
     claimed.''.
       (j) Effective Dates.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the provisions of this section shall apply to 
     aid, assistance, and advice provided after March 12, 2020.
       (2) Due diligence requirements.--Subsections (b) and (c) 
     shall apply to aid, assistance, and advice provided after the 
     date of the enactment of this Act.
       (3) Limitation on credit and refund of covid-related 
     employee retention tax credits.--Subsection (h) shall apply 
     to credits and refunds allowed or made after January 31, 
     2024.
       (4) Amendments to extend limitation on assessment.--The 
     amendments made by subsection (i) shall apply to assessments 
     made after the date of the enactment of this Act.
       (k) Transition Rule With Respect to Requirements to 
     Disclose Information, Maintain Client Lists, etc.--Any return 
     under section 6111 of the Internal Revenue Code of 1986, or 
     list under section 6112 of such Code, required by reason of 
     subsection (d) of this section to be filed or maintained, 
     respectively, with respect to any aid, assistance, or advice 
     provided by a COVID-ERTC promoter with respect to a COVID-
     ERTC document before the date of the enactment of this Act, 
     shall not be required to be so filed or maintained (with 
     respect to such aid, assistance or advice) before the date 
     which is 90 days after such date.
       (l) Provisions Not to Be Construed to Create Negative 
     Inferences.--
       (1) No inference with respect to application of knowledge 
     requirement to pre-enactment conduct of covid-ertc promoters, 
     etc.--Subsection (b) shall not be construed to create any 
     inference with respect to the proper application of section 
     6701(a)(3) of the Internal Revenue Code of 1986 with respect 
     to any aid, assistance, or advice provided by any COVID-ERTC 
     promoter on or before the date of the enactment of this Act 
     (or with respect to any other aid, assistance, or advice to 
     which such subsection does not apply).
       (2) Requirements to disclose information, maintain client 
     lists, etc.--Subsections (d) and (k) shall not be construed 
     to create any inference with respect to whether any COVID-
     related employee retention tax credit is (without regard to 
     subsection (d)) a listed transaction (or reportable 
     transaction) with respect to any COVID-ERTC promoter; and, 
     for purposes of subsection (j), a return or list shall not be 
     treated as required (with respect to such aid, assistance, or 
     advice) by reason of subsection (d) if such return or list 
     would be so required without regard to subsection (d).
       (m) Regulations.--The Secretary (as defined in subsection 
     (c)(5)) shall issue such regulations or other guidance as may 
     be necessary or appropriate to carry out the purposes of this 
     section (and the amendments made by this section).
                                 ______
                                 
  SA 2011. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms. 
Duckworth, and Mr. Moran) to the bill H.R. 3935, to amend title 49, 
United States Code, to reauthorize and improve the Federal Aviation 
Administration and other civil aviation programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                        TITLE XIV--STOP CSAM ACT

     SEC. 1401. 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. 1402. 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:

[[Page S3522]]

       ``(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;
       ``(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); and
       ``(15) the term `child sexual abuse material' has the 
     meaning given the term in section 2256(8).'';
       (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

       (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--

[[Page S3523]]

       (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'';
       (9) in subsection (l), by striking ``child'' each place the 
     term appears and inserting ``covered person''; and
       (10) in subsection (m)--
       (A) by striking ``(as defined by section 2256 of this 
     title)'' each place it appears;
       (B) in paragraph (1), by inserting ``and any civil action 
     brought under section 2255 or 2255A'' after ``any criminal 
     proceeding'';
       (C) in paragraph (2), by adding at the end the following:
       ``(C)(i) Notwithstanding Rule 26 of the Federal Rules of 
     Civil Procedure, a court shall deny, in any civil action 
     brought under section 2255 or 2255A, any request by any party 
     to copy, photograph, duplicate, or otherwise reproduce any 
     child sexual abuse material, or property or item containing 
     such material.
       ``(ii) In a civil action brought under section 2255 or 
     2255A, for purposes of paragraph (1), the court may--
       ``(I) order the plaintiff or defendant to provide to the 
     court or the Government, as applicable, any equipment 
     necessary to maintain care, custody, and control of such 
     child sexual abuse material, property, or item; and
       ``(II) take reasonable measures, and may order the 
     Government (if the child sexual abuse material, property, or 
     item is in the care, custody, and control of the Government) 
     to take reasonable measures, to provide each party to the 
     action, the attorney of each party, and any individual a 
     party may seek to qualify as an expert, with ample 
     opportunity to inspect, view, and examine such child sexual 
     abuse material, property, or item at the court or a 
     Government facility, as applicable.''; and
       (D) in paragraph (3)--
       (i) by inserting ``and during the 1-year period following 
     the date on which the criminal proceeding becomes final or is 
     terminated'' after ``any criminal proceeding''; and
       (ii) by striking ``, as defined under section 2256(8),''.
       (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. 1403. 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) by striking subsection (a) and inserting the following:
       ``(a) In General.--Notwithstanding section 3663 or 3663A, 
     and in addition to any other civil or criminal penalty 
     authorized by law, the court shall order restitution for any 
     offense under--
       ``(1) section 1466A, to the extent the conduct involves a 
     visual depiction of an identifiable minor; or
       ``(2) this chapter.'';
       (B) in subsection (b)--
       (i) in paragraph (1), by striking ``Directions.--Except as 
     provided in paragraph (2), the'' and inserting ``Restitution 
     for production of child sexual abuse material.--If the 
     defendant was convicted of production of child sexual abuse 
     material, 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
       (C) in subsection (c)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) Production of child sexual abuse material.--For 
     purposes of this section and section 2259A, the term 
     `production of child sexual abuse material' means--
       ``(A) a violation of, attempted violation of, or conspiracy 
     to violate section 1466A(a) to the extent the conduct 
     involves production of a visual depiction of an identifiable 
     minor;
       ``(B) a violation of, attempted violation of, or conspiracy 
     to violate section 1466A(a) involving possession with intent 
     to distribute, or section 1466A(b), to the extent the conduct 
     involves a visual depiction of an identifiable minor--
       ``(i) produced by the defendant; or
       ``(ii) that the defendant attempted or conspired to 
     produce;
       ``(C) 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;
       ``(D) a violation of section 2251A;
       ``(E) 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 sexual abuse material--
       ``(i) produced by the defendant; or
       ``(ii) that the defendant attempted or conspired to 
     produce;
       ``(F) 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, to the extent the conduct 
     involves production with intent to distribute;
       ``(G) 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;
       ``(H) a violation of subsection (a) of section 2260, or an 
     attempt or conspiracy to violate that subsection under 
     subsection (c)(1) of that section;
       ``(I) 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
       ``(J) a violation of chapter 109A or chapter 117, if the 
     offense involves the production or attempted production of, 
     or conspiracy to produce, child sexual abuse material.'';
       (ii) by striking paragraph (3) and inserting the following:
       ``(3) Trafficking in child sexual abuse material.--For 
     purposes of this section and section 2259A, the term 
     `trafficking in child sexual abuse material' means--
       ``(A) a violation of, attempted violation of, or conspiracy 
     to violate section 1466A(a) to the extent the conduct 
     involves distribution or receipt of a visual depiction of an 
     identifiable minor;
       ``(B) a violation of, attempted violation of, or conspiracy 
     to violate section 1466A(a) involving possession with intent 
     to distribute, or section 1466A(b), to the extent the conduct 
     involves a visual depiction of an identifiable minor--
       ``(i) not produced by the defendant; or
       ``(ii) that the defendant did not attempt or conspire to 
     produce;
       ``(C) a violation of subsection (d) of section 2251 or an 
     attempt or conspiracy to violate that subsection under 
     subsection (e) of that section;
       ``(D) 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;
       ``(E) 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 sexual abuse material--
       ``(i) not produced by the defendant; or
       ``(ii) that the defendant did not attempt or conspire to 
     produce;
       ``(F) 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;
       ``(G) 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, to the extent the conduct 
     involves distribution;
       ``(H) a violation of section 2252A(g) if the series of 
     felony violations exclusively involves violations described 
     in this paragraph (except subparagraphs (A) and (B));
       ``(I) 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
       ``(J) 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 (except subparagraphs (A) and (B)).''; and
       (iii) in paragraph (4), in the first sentence, by inserting 
     ``or an identifiable minor harmed as a result of the 
     commission of a crime under section 1466A'' after ``under 
     this chapter'';
       (4) in section 2259A(a)--

[[Page S3524]]

       (A) in paragraph (1), by striking ``under section 
     2252(a)(4) or 2252A(a)(5)'' and inserting ``described in 
     subparagraph (B) or (E) of section 2259(c)(3)''; and
       (B) in paragraph (2), by striking ``any other offense for 
     trafficking in child pornography'' and inserting ``any 
     offense for trafficking in child sexual abuse material other 
     than an offense described in subparagraph (B) or (E) of 
     section 2259(c)(3)'';
       (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. 1404. 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 sexual 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 sexual abuse material 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 that--
       ``(A) shall contain--
       ``(i) the mailing address, telephone number, facsimile 
     number, electronic mailing address of, and individual point 
     of contact for, such provider; and
       ``(ii) information described in subsection (b)(1)(A) 
     concerning such facts or circumstances or apparent child 
     sexual abuse material; and
       ``(B) may contain information described in subsection 
     (b)(2), including any available information to identify or 
     locate any involved minor.
       ``(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 1591 (if the violation involves a minor), 2251, 
     2251A, 2252, 2252A, 2252B, 2260, or 2422(b).
       ``(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 subsection (a)(1)--
       ``(A) shall include, to the extent that it is applicable 
     and reasonably available--
       ``(i) the name, address, electronic mail address, user or 
     account identification, Internet Protocol address, and 
     uniform resource locator of any individual who is a subject 
     of the report;
       ``(ii) the terms of service in effect at the time of--

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

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

       ``(I) the apparent child sexual abuse material was publicly 
     available; or
       ``(II) the provider, in its sole discretion, viewed the 
     apparent child sexual abuse material, 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 sexual abuse material 
     that is the subject of the report, an indication as to 
     whether the apparent child sexual abuse material--

       ``(I) has previously been the subject of a report under 
     subsection (a)(1); 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) Information about any involved individual.--Any 
     information relating to the identity or location of any 
     individual who is a subject of the report, including payment 
     information (excluding personally identifiable information) 
     and self-reported identifying or locating information.
       ``(B) Information about any involved minor.--Information 
     relating to the identity or location of any involved minor, 
     which may include an address, electronic mail address, 
     Internet Protocol address, uniform resource locator, or any 
     other information that may identify or locate any involved 
     minor, including self-reported identifying or locating 
     information.
       ``(C) 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.
       ``(D) 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.

[[Page S3525]]

       ``(E) Apparent child sexual abuse material.--Any apparent 
     child sexual abuse material not described in paragraph 
     (1)(A)(iii), or other content related to the subject of the 
     report.
       ``(F) Complete communication.--The complete communication 
     containing any apparent child sexual abuse material 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.
       ``(G) 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.
       ``(H) Description.--For any item of apparent child sexual 
     abuse material 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

       ``(3) Formatting of reports.--When a provider includes any 
     information described in paragraph (1) or, at its sole 
     discretion, any information described in paragraph (2) in a 
     report to the CyberTipline of NCMEC, or any successor to the 
     CyberTipline operated by NCMEC, the provider shall use best 
     efforts to ensure that the report conforms with the structure 
     of the CyberTipline or the successor, as applicable.
       ``(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 subsection (a)(1) 
     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 
     subsection (a)(1) 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)'';
       (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)''; and

       (iii) in paragraph (5)(B)--

       (I) in clause (i), by striking ``forwarded'' and inserting 
     ``made available''; and
       (II) in clause (ii), by striking ``forwarded'' and 
     inserting ``made available'';

       (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--

       ``(aa) $850,000 if the provider has not fewer than 
     100,000,000 monthly active users; or
       ``(bb) $600,000 if the provider has fewer than 100,000,000 
     monthly active users; and

       ``(II) in the case of any second or subsequent violation, 
     not more than--

       ``(aa) $1,000,000 if the provider has not fewer than 
     100,000,000 monthly active users; or
       ``(bb) $850,000 if the provider has fewer than 100,000,000 
     monthly active users.
       ``(ii) Harm to individuals.--The maximum fine under clause 
     (i) shall be doubled 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 $250,000 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 subsection (a)(1) 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 
     Reserve for Victims of Child Sexual Abuse Material 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 sexual abuse material.'';
       (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''; and

       (ii) in paragraph (3), in the matter preceding subparagraph 
     (A), by striking ``subsection (a)'' and inserting 
     ``subsection (a)(1)'';
       (F) in subsection (h), by adding at the end the following:
       ``(7) Relation to reporting requirement.--Submission of a 
     report as described in subsection (a)(1) does 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 subsection (a)(1).
       ``(ii) Which items of information described in subsection 
     (b)(2) are routinely included in the reports submitted by the 
     provider under subsection (a)(1).
       ``(B) Report and remove data.--With respect to section 1406 
     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 items of child sexual abuse material 
     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).

[[Page S3526]]

       ``(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.--Whether or not such redaction is 
     requested by the provider, 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 pursuant to 
     the request.'';
       (2) in section 2258B--
       (A) by striking subsection (a) and inserting the following:
       ``(a) In General.--
       ``(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 against a provider or domain name 
     registrar, including any director, officer, employee, or 
     agent of such provider or domain name registrar, that is 
     directly attributable to--
       ``(A) the performance of the reporting or preservation 
     responsibilities of such provider or domain name registrar 
     under this section, section 2258A, or section 2258C;
       ``(B) transmitting, distributing, or mailing child sexual 
     abuse material to any Federal, State, or local law 
     enforcement agency, or giving such agency access to child 
     sexual abuse material, in response to a search warrant, court 
     order, or other legal process issued or obtained by such 
     agency; or
       ``(C) the use by the provider or domain name registrar of 
     any material being preserved under section 2258A(h) by such 
     provider or registrar for research and the development and 
     training of tools, undertaken voluntarily and in good faith 
     for the sole and exclusive purpose of--
       ``(i) improving or facilitating reporting under this 
     section, section 2258A, or section 2258C; or
       ``(ii) stopping the online sexual exploitation of 
     children.''; and
       (B) in subsection (b)--
       (i) in paragraph (1), by striking ``; or'' and inserting 
     ``or knowingly failed to comply with a requirement under 
     section 2258A;'';
       (ii) in paragraph (2)(C)--

       (I) by striking ``sections'' and inserting ``this section 
     or section''; and
       (II) by striking the period and inserting ``; or''; and

       (iii) by adding at the end the following:
       ``(3) for purposes of subsection (a)(2)(C), knowingly 
     distributed or transmitted the material, or made the material 
     available, except as required by law, to--
       ``(A) any other entity;
       ``(B) any person not employed by the provider or domain 
     name registrar; or
       ``(C) any person employed by the provider or domain name 
     registrar who is not conducting any research described in 
     that subsection.'';
       (3) in section 2258C--
       (A) in the section heading, by striking ``the 
     CyberTipline'' and inserting ``NCMEC'';
       (B) in subsection (a)--
       (i) in the subsection heading, by striking ``Elements'' and 
     inserting ``Provision to Providers and Nonprofit Entities'';
       (ii) in paragraph (1)--

       (I) by striking ``to a provider'' and inserting the 
     following: ``or submission to the child victim identification 
     program to--

       ``(A) a provider'';

       (II) in subparagraph (A), as so designated--

       (aa) by inserting ``use of the provider's products or 
     services to commit'' after ``stop the''; and
       (bb) by striking the period at the end and inserting ``; 
     or''; and

       (III) by adding at the end the following:

       ``(B) a nonprofit entity for the sole and exclusive purpose 
     of preventing and curtailing the online sexual exploitation 
     of children.''; and
       (iii) in paragraph (2)--

       (I) in the heading, by striking ``Inclusions'' and 
     inserting ``Elements'';
       (II) by striking ``unique identifiers'' and inserting 
     ``similar technical identifiers''; and
       (III) by inserting ``or submission to the child victim 
     identification program'' after ``CyberTipline report'';

       (C) in subsection (b)--
       (i) in the heading, by inserting ``or Nonprofit Entities'' 
     after ``Providers'';
       (ii) by striking ``Any provider'' and inserting the 
     following:
       ``(1) In general.--Any provider or nonprofit entity'';
       (iii) in paragraph (1), as so designated--

       (I) by striking ``receives'' and inserting ``obtains''; and
       (II) by inserting ``or submission to the child victim 
     identification program'' after ``CyberTipline report''; and

       (iv) by adding at the end the following:
       ``(2) Limitation on sharing with other entities.--A 
     provider or nonprofit entity 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.'';
       (D) 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 submission to the child victim 
     identification program'' after ``CyberTipline report''; and
       (iv) by striking ``to use the elements to stop the online 
     sexual exploitation of children''; and
       (E) in subsection (d), by inserting ``or to the child 
     victim identification program'' after ``CyberTipline'';
       (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 a semicolon; 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; and
       ``(10) the term `child victim identification program' means 
     the program described in section 404(b)(1)(K)(ii) of the 
     Juvenile Justice and Delinquency Prevention Act of 1974 (34 
     U.S.C. 11293(b)(1)(K)(ii)).'';
       (5) in section 2259B(a), by inserting ``, any fine or 
     penalty collected under section 2258A(e) or subparagraph (A) 
     of section 1406(g)(24) of the STOP CSAM Act of 2024 (except 
     as provided in clauses (i) and (ii)(I) of subparagraph (B) of 
     such section 1406(g)(24)),'' after ``2259A''; and
       (6) by adding at the end the following:

     ``Sec. 2260B. Liability for certain child sexual 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

[[Page S3527]]

     or in or affecting interstate or foreign commerce, through 
     such service to--
       ``(1) intentionally host or store child sexual abuse 
     material or make child sexual abuse material available to any 
     person; or
       ``(2) 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) Rule of Construction.--Nothing in this section shall 
     be construed to apply to any good faith 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.''.
       (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 sexual exploitation offenses.''.
       (c) Effective Date for Amendments to Reporting Requirements 
     of Providers.--The amendments made by subsection (a)(1) of 
     this section shall take effect on the date that is 120 days 
     after the date of enactment of this Act.

     SEC. 1405. EXPANDING CIVIL REMEDIES FOR VICTIMS OF ONLINE 
                   CHILD SEXUAL EXPLOITATION.

       (a) Statement of Intent.--Nothing in this section shall be 
     construed to abrogate or narrow any case law concerning 
     section 2255 of title 18, United States Code.
       (b) Civil Remedy for Personal Injuries.--Section 2255(a) of 
     title 18, United States Code, is amended--
       (1) by striking ``In General.--Any person who, while a 
     minor, was a victim of a violation of section 1589, 1590, 
     1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 
     2421, 2422, or 2423 of this title and who suffers personal 
     injury as a result of such violation, regardless of whether 
     the injury occurred while such person was a minor, may sue'' 
     and inserting the following: ``Private Right of Action.--
       ``(1) In general.--Any person described in subparagraph 
     (A), (B), or (C) of paragraph (2) who suffers personal injury 
     as a result of a violation described in that subparagraph, 
     regardless of whether the injury occurred while such person 
     was a minor, may bring a civil action''; and
       (2) by adding at the end the following:
       ``(2) Eligible persons.--Paragraph (1) shall apply to any 
     person--
       ``(A) who, while a minor, was a victim of--
       ``(i) a violation of section 1589, 1590, 1591, 2241, 2242, 
     2243, 2251, 2251A, 2260(a), 2421, 2422, or 2423;
       ``(ii) an attempt to violate section 1589, 1590, or 1591 
     under section 1594(a);
       ``(iii) a conspiracy to violate section 1589 or 1590 under 
     section 1594(b); or
       ``(iv) a conspiracy to violate section 1591 under section 
     1594(c);
       ``(B) who--
       ``(i) is depicted as a minor in child sexual abuse 
     material; and
       ``(ii) is a victim of a violation of 2252, 2252A, or 
     2260(b) (regardless of when the violation occurs); or
       ``(C) who--
       ``(i) is depicted as an identifiable minor in a visual 
     depiction described in section 1466A; and
       ``(ii) is a victim of a violation of that section 
     (regardless of when the violation occurs).''.
       (c) Civil Remedy Against Online Platforms and App Stores.--
       (1) In general.--Chapter 110 of title 18, United States 
     Code, is amended by inserting after section 2255 the 
     following:

     ``Sec. 2255A. Civil remedy for certain victims of child 
       sexual abuse material or child sexual exploitation

       ``(a) In General.--
       ``(1) Promotion or aiding and abetting of certain 
     violations.--Any person who is a victim of the intentional or 
     knowing promotion, or aiding and abetting, of a violation of 
     section 1591 or 1594(c) (involving a minor), or section 2251, 
     2251A, 2252, 2252A, or 2422(b), where such promotion, or 
     aiding and abetting, is by a provider of an interactive 
     computer service or an app store, and who suffers personal 
     injury as a result of such promotion or aiding and abetting, 
     regardless of when the injury occurred, may bring a civil 
     action in any appropriate United States District Court for 
     relief set forth in subsection (b).
       ``(2) Activities involving child sexual abuse material.--
     Any person who is a victim of the intentional or knowing 
     hosting or storing of child sexual abuse material or making 
     child sexual abuse material available to any person by a 
     provider of an interactive computer service, and who suffers 
     personal injury as a result of such hosting, storing, or 
     making available, regardless of when the injury occurred, may 
     bring a civil action in any appropriate United States 
     District Court for relief set forth in subsection (b).
       ``(b) Relief.--In a civil action brought by a person under 
     subsection (a)--
       ``(1) the person shall recover the actual damages the 
     person sustains or liquidated damages in the amount of 
     $300,000, and the cost of the action, including reasonable 
     attorney fees and other litigation costs reasonably incurred; 
     and
       ``(2) the court may, in addition to any other relief 
     available at law, award punitive damages and such other 
     preliminary and equitable relief as the court determines to 
     be appropriate, including a temporary restraining order, a 
     preliminary injunction, or a permanent injunction ordering 
     the defendant to cease the offending conduct.
       ``(c) Statute of Limitations.--There shall be no time limit 
     for the filing of a complaint commencing an action under 
     subsection (a).
       ``(d) Venue; Service of Process.--
       ``(1) Venue.--Any action brought under subsection (a) may 
     be brought in the district court of the United States that 
     meets applicable requirements relating to venue under section 
     1391 of title 28.
       ``(2) Service of process.--In an action brought under 
     subsection (a), process may be served in any district in 
     which the defendant--
       ``(A) is an inhabitant; or
       ``(B) may be found.
       ``(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 subsection (a).
       ``(f) Rules of Construction.--
       ``(1) Applicability to legal process or obligation.--
     Nothing in this section shall be construed to apply to any 
     good faith action 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 subsection (a)(2).--For 
     purposes of a civil action brought under subsection (a)(2), 
     the term `knowing' shall be construed to mean knowledge of 
     the instance when, or the course of conduct during which, the 
     provider--
       ``(A) hosted or stored the child sexual abuse material at 
     issue in the civil action; or
       ``(B) made available the child sexual abuse material at 
     issue in the civil action.
       ``(g) Encryption Technologies.--
       ``(1) In general.--None of the following actions or 
     circumstances shall serve as an independent basis for 
     liability under subsection (a):
       ``(A) Utilizing full end-to-end encrypted messaging 
     services, device encryption, or other encryption services.
       ``(B) Not possessing the information necessary to decrypt a 
     communication.
       ``(C) Failing to take an action that would otherwise 
     undermine the ability to offer full end-to-end encrypted 
     messaging services, device encryption, or other encryption 
     services.
       ``(2) Consideration of evidence.--
       ``(A) Permitted use.--Evidence of actions or circumstances 
     described in paragraph (1) shall be admissible in a civil 
     action brought under subsection (a) only if--
       ``(i) the actions or circumstances are relevant under rules 
     401 and 402 of the Federal Rules of Evidence to--

       ``(I) prove motive, intent, preparation, plan, absence of 
     mistake, or lack of accident; or
       ``(II) rebut any evidence or factual or legal claim; and

       ``(ii) the actions or circumstances--

       ``(I) are otherwise admissible under the Federal Rules of 
     Evidence; and
       ``(II) are not subject to exclusion under rule 403 or any 
     other rule of the Federal Rules of Evidence.

       ``(B) Notice.--In a civil action brought under subsection 
     (a), a plaintiff seeking to introduce evidence of actions or 
     circumstances under subparagraph (A) of this paragraph 
     shall--
       ``(i) provide reasonable notice--

       ``(I) in writing before trial; or
       ``(II) in any form during trial if the court, for good 
     cause, excuses lack of pretrial notice; and

       ``(ii) articulate in the notice described in clause (i) the 
     permitted purpose for which the plaintiff intends to offer 
     the evidence and the reasoning that supports the purpose.
       ``(3) No effect on discovery.--Nothing in paragraph (1) or 
     (2) shall be construed to create a defense to a discovery 
     request or otherwise limit or affect discovery in any civil 
     action brought under subsection (a).
       ``(h) Defense.--In a civil action under subsection (a)(2) 
     involving knowing conduct, it shall be a defense at trial, 
     which the provider of an interactive computer service must 
     establish by a preponderance of the evidence as determined by 
     the finder of fact, that--
       ``(1) the provider disabled access to or removed the child 
     sexual abuse material within a reasonable timeframe, and in 
     any event not later than 48 hours after obtaining knowledge 
     that the child sexual abuse material 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, within a reasonable timeframe, and in any 
     event not later than 2 business days after obtaining such 
     knowledge);
       ``(2) the provider exercised a reasonable, good faith 
     effort to disable access to or remove the child sexual abuse 
     material but was unable to do so for reasons outside the 
     provider's control; or
       ``(3) it is technologically impossible for the provider to 
     disable access to or remove the child sexual abuse material 
     without compromising encryption technologies.

[[Page S3528]]

       ``(i) Sanctions for Repeated Bad Faith Civil Actions or 
     Defenses.--
       ``(1) Definitions.--In this subsection:
       ``(A) Bad faith civil action.--The term `bad faith civil 
     action' means a civil action brought under subsection (a) in 
     bad faith where the finder of fact determines that at the 
     time the civil action was filed, the party, attorney, or law 
     firm described in paragraph (2) had actual knowledge that--
       ``(i) the alleged conduct did not involve any minor; or
       ``(ii) the alleged child sexual abuse material did not 
     depict--

       ``(I) any minor; or
       ``(II) sexually explicit conduct, sexual suggestiveness, 
     full or partial nudity, or implied sexual activity.

       ``(B) Bad faith defense.--The term `bad faith defense' 
     means a defense in a civil brought under subsection (a) 
     raised in bad faith where the finder of fact determines that 
     at the time the defense was raised, the party, attorney, or 
     law firm described in paragraph (3) had actual knowledge that 
     the defense--
       ``(i) was made solely for purpose of delaying the civil 
     action or increasing the costs of the civil action; or
       ``(ii) was objectively baseless in light of the applicable 
     law or facts at issue.
       ``(2) Bad faith civil action.--In the case of a civil 
     action brought under subsection (a), the court may impose 
     sanctions on--
       ``(A) the party bringing the civil action if the court 
     finds that the party has brought 2 or more bad faith civil 
     actions (which may include the instant civil action); or
       ``(B) an attorney or law firm representing the party 
     bringing the civil action if the court finds that the 
     attorney or law firm has represented--
       ``(i) a party who has brought 2 or more bad faith civil 
     actions (which may include the instant civil action); or
       ``(ii) 2 or more parties who have each brought a bad faith 
     civil action (which may include the instant civil action).
       ``(3) Bad faith defense.--In the case of a civil action 
     brought under subsection (a), the court may impose sanctions 
     on--
       ``(A) the party defending the civil action if the court 
     finds that the party has raised 2 or more bad faith defenses 
     (which may include 1 or more defenses raised in the instant 
     civil action); or
       ``(B) an attorney or law firm representing the party 
     defending the civil action if the court finds that the 
     attorney or law firm has represented--
       ``(i) a party who has raised 2 or more bad faith defenses 
     (which may include 1 or more defenses raised in the instant 
     civil action); or
       ``(ii) 2 or more parties who have each raised a bad faith 
     defense (which may include a defense raised in the instant 
     civil action).
       ``(4) Implementation.--Rule 11(c) of the Federal Rules of 
     Civil Procedure shall apply to sanctions imposed under this 
     subsection in the same manner as that Rule applies to 
     sanctions imposed for a violation of Rule 11(b) of those 
     Rules.
       ``(5) Rules of construction.--
       ``(A) Rule 11.--This subsection shall not be construed to 
     limit or expand the application of Rule 11 of the Federal 
     Rules of Civil Procedure.
       ``(B) CSAM definition.--Paragraph (1)(A)(ii) shall not be 
     construed to apply to a civil action affected by a 
     contemporaneous change in the law with respect to the 
     definition of `child sexual abuse material'.
       ``(j) Definitions.--In this section:
       ``(1) App.--The term `app' means a software application or 
     electronic service that may be run or directed by a user on a 
     computer, a mobile device, or any other general purpose 
     computing device.
       ``(2) App store.--The term `app store' means a publicly 
     available website, software application, or other electronic 
     service that--
       ``(A) distributes apps from third-party developers to users 
     of a computer, a mobile device, or any other general purpose 
     computing device; and
       ``(B) operates--
       ``(i) through the use of any means or facility of 
     interstate or foreign commerce; or
       ``(ii) in or affecting interstate or foreign commerce.
       ``(3) Interactive computer service.--The term `interactive 
     computer service' means an interactive computer service, as 
     defined in section 230(f) of the Communications Act of 1934 
     (47 U.S.C. 230(f)), that operates--
       ``(A) through the use of any means or facility of 
     interstate or foreign commerce; or
       ``(B) in or affecting interstate or foreign commerce.
       ``(k) Savings Clause.--Nothing in this section, including 
     the defenses under this section, shall be construed to apply 
     to any civil action brought under any other Federal law, 
     rule, or regulation, including any civil action brought under 
     section 2255.''.
       (2) Conforming amendment.--The table of sections for 
     chapter 110 of title 18, United States Code, is amended by 
     inserting after the item relating to section 2255 the 
     following:

``2255A. Civil remedy for certain victims of child sexual abuse 
              material or child sexual exploitation.''.

     SEC. 1406. REPORTING AND REMOVAL OF CHILD SEXUAL ABUSE 
                   MATERIAL; 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 10 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 2022, the CyberTipline, operated by the National Center 
     for Missing & Exploited Children to combat online child 
     sexual exploitation, received reports about 49,400,000 images 
     and 37,700,000 videos depicting child sexual abuse.
       (6) Since 2017, Project Arachnid, operated by the Canadian 
     Centre for Child Protection, has sent over 38,000,000 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 Child Sexual Abuse Material.--
       (1) In general.--If a provider receives a complete 
     notification as set forth in paragraph (2)(A) that the 
     provider is hosting child sexual abuse material, 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 child sexual abuse material; and
       (ii) notify the complainant that it has done so; or
       (B) notify the complainant that the provider--
       (i) has determined that the visual depiction referenced in 
     the notification does not constitute child sexual abuse 
     material;
       (ii) is unable to remove the child sexual abuse material 
     using reasonable means; or
       (iii) has determined that the notification is duplicative 
     under paragraph (2)(C)(i).
       (2) Notifications.--
       (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 child sexual 
     abuse material. Such information may include, at the option 
     of the complainant, a copy of the child sexual abuse material 
     or the uniform resource locator where such child sexual abuse 
     material 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 child sexual abuse material, the 
     complainant may elect to use an alias, including for purposes 
     of the signed statement described in clause (v), and omit a 
     mailing address.

[[Page S3529]]

       (iii) If applicable, a statement indicating that the 
     complainant has previously notified the provider about the 
     child sexual abuse material 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 child sexual abuse material;
       (II) an authorized representative of the victim depicted in 
     the child sexual abuse material; or
       (III) a qualified organization.

       (B) Inclusion of additional visual depictions in a 
     notification.--
       (i) Multiple items of child sexual abuse material in same 
     notification.--A notification may contain information about 
     more than one item of child sexual abuse material, but shall 
     only be effective with respect to each item of child sexual 
     abuse material included in the notification to the extent 
     that the notification includes sufficient information to 
     identify and locate such item of child sexual abuse material.
       (ii) Related exploitive visual depictions.--

       (I) In general.--A notification may contain information 
     about any related exploitive visual depictions associated 
     with the child sexual abuse material described in the 
     notification, along with the information described in 
     subparagraph (A)(i) for each related exploitive visual 
     depiction. Such notification shall clearly indicate which 
     visual depiction is a related exploitive visual depiction. 
     Such notification shall include a statement indicating that 
     the complainant acknowledges that the provider may, but is 
     not required to, remove the related exploitive visual 
     depiction, and that the complainant cannot file a petition 
     with the Child Online Protection Board concerning any alleged 
     failure to remove a related exploitive visual depiction.
       (II) No obligation.--A provider shall not be required to 
     take any action under this section concerning a related 
     exploitive visual depiction. A provider may, in its sole 
     discretion, remove a related exploitive visual depiction. The 
     procedure set forth in subsection (g)(1) shall not apply to 
     related exploitive visual depictions.

       (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 item of child sexual abuse material;
       (II) the same item of child sexual abuse material 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 child sexual abuse material 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 child sexual abuse material 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 child sexual abuse material.
       (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 child sexual abuse material 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 child 
     sexual abuse material (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 child sexual abuse material 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 child 
     sexual abuse material.--
       (i) Contact with complainant.--If the provider believes 
     that the child sexual abuse material referenced in the 
     notification does not meet the definition of such term as 
     provided in subsection (q)(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 child sexual abuse material, 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.
       (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

[[Page S3530]]

     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 for and guidance 
     on the storage and handling of child sexual abuse material.
       (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.
       (g) Procedures to Contest a Failure to Remove Child Sexual 
     Abuse Material or a Notification Reporting Child Sexual Abuse 
     Material.--
       (1) Procedure to contest a failure to remove.--

[[Page S3531]]

       (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 alleged child sexual abuse material, and 
     that--

       (I) the provider--

       (aa) did not remove the alleged child sexual abuse material 
     within the timeframe required under subsection (c)(1)(A)(i); 
     or
       (bb) incorrectly claimed that--
       (AA) the alleged child sexual abuse material 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 alleged child sexual abuse 
     material, 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 alleged child 
     sexual abuse material 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 alleged child sexual abuse material was not 
     removed or that the provider made an incorrect claim relating 
     to the alleged child sexual abuse material 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 child sexual abuse material in timely 
     manner.--A complainant may file a petition under subparagraph 
     (A)(i) claiming that alleged child sexual abuse material was 
     not removed even if the alleged child sexual abuse material 
     was removed prior to the petition being filed, so long as the 
     petition claims that the alleged child sexual abuse material 
     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 child sexual abuse material;
       (ii) the notification is frivolous or was submitted with an 
     intent to harass the provider or any person;
       (iii) the alleged child sexual abuse material cannot 
     reasonably be located by the provider;
       (iv) for reasons beyond the control of the provider, the 
     provider cannot remove the alleged child sexual abuse 
     material 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. For purposes of any subsequent 
     litigation or other legal proceeding, no adverse inference 
     shall be drawn from a responding party's decision to opt out 
     of a proceeding before the Board under this subparagraph.
       (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 child sexual abuse material 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;
       (ii) there is a probability that disabling public and user 
     access to such alleged child

[[Page S3532]]

     sexual abuse material will cause irreparable harm;
       (iii) the balance of equities weighs in favor of preserving 
     public and user access to the alleged child sexual abuse 
     material; and
       (iv) disabling public and user access to the alleged child 
     sexual abuse material 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 child sexual abuse material.
       (B) Privacy.--Any alleged child sexual abuse material 
     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 alleged child sexual abuse material 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 child sexual abuse material. 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 at issue 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 
     at issue is not child sexual abuse material.
       (iv) The interested owner of a visual depiction at issue 
     may not bring any legal action against any party related to 
     the alleged child sexual abuse material until the Board's

[[Page S3533]]

     determination is final. Once the determination is final, the 
     interested 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 child 
     sexual abuse material, and to permanently delete all copies 
     of the child sexual abuse material known to and under the 
     control of the provider unless the Board orders the provider 
     to preserve the child sexual abuse material;
       (ii) impose a fine of $50,000 per item of child sexual 
     abuse material covered by the determination, but if the Board 
     finds that--

       (I) the provider removed the child sexual abuse material 
     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 child sexual abuse material at 
     issue, such fine shall be $100,000 per item of child sexual 
     abuse material; or
       (III) the provider has engaged in recidivist hosting of the 
     child sexual abuse material at issue 2 or more times, such 
     fine shall be $200,000 per item of child sexual abuse 
     material;

       (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 child sexual abuse 
     material, 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 Reserve for Victims of 
     Child Sexual Abuse Material as provided in section 2259B of 
     title 18, United States Code (as amended by this title); 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 child sexual 
     abuse material, and to permanently delete all copies of the 
     child sexual abuse material known to and under the control of 
     the provider unless the Board orders the provider to preserve 
     the child sexual abuse material.
       (B) Referral for failure to remove material.--If a provider 
     does not remove and, if applicable, permanently delete child 
     sexual abuse material 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:
       (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.

[[Page S3534]]

       (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, solely with respect to the parties to 
     such determination, preclude relitigation of any claim or 
     response asserted and finally determined by the Board 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 interested owner may relitigate any claim or 
     response that was properly asserted and considered by the 
     Board in any subsequent proceeding before the Board involving 
     the same interested owner and the same child sexual abuse 
     material.
       (B) A finding by the Board that a visual depiction 
     constitutes child sexual abuse material--
       (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 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, including 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 child sexual abuse 
     material and resolving disputes concerning alleged child 
     sexual abuse material, 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 child sexual abuse material 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 child sexual 
     abuse material under this section;
       (B) ensure that any alleged, contested, or actual child 
     sexual abuse material is transmitted and stored in a secure 
     manner and is not distributed to or accessed by any 
     individual other than as needed to implement this section; 
     and
       (C) ensure that all copies of any child sexual abuse 
     material 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 visual depiction that is alleged to be child 
     sexual abuse material pursuant to a notification under this 
     section, regardless of whether the visual depiction involved 
     is found to be child sexual abuse material by the Board. A 
     provider shall not be liable to any person for any claim 
     based on the provider's good faith discretionary removal of 
     any alleged related exploitive visual depictions pursuant to 
     a notification under this section.
       (m) 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.
       (n) 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.
       (o) 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 (p).
       (p) Sunset.--Except for subsections (a), (h), (k), (l), 
     (m), (n), and (q), this section shall expire 5 years after 
     the date on which the Child Online Protection Board issues 
     its first determination under this section.
       (q) 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 child sexual abuse 
     material;
       (B) an authorized representative of the victim appearing in 
     the child sexual abuse material; or
       (C) a qualified organization.
       (5) Designated reporting system.--The term ``designated 
     reporting system'' means a 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

[[Page S3535]]

     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) 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.
       (11) 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.
       (12) Recidivist hosting.--The term ``recidivist hosting'' 
     means, with respect to a provider, that the provider removes 
     child sexual abuse material 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 child sexual abuse material 
     that had been so removed.
       (13) 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 while under 18 years of age; 
     and
       (B) there is a connection between such visual depiction and 
     the child sexual abuse material depicting that person while 
     under 18 years of age 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.
       (14) 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.
       (15) 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.
       (16) Visual depiction.--The term ``visual depiction'' has 
     the meaning provided in section 2256(5) of title 18, United 
     States Code.

     SEC. 1407. USE OF TERM ``CHILD SEXUAL ABUSE MATERIAL''.

       (a) Sense of Congress.--It is the sense of Congress that 
     the term ``child sexual abuse material'' has the same legal 
     meaning as the term ``child pornography'', as that term was 
     used in Federal statutes and case law before the date of 
     enactment of this Act.
       (b) Amendments.--
       (1) Title 5, united states code.--Chapter 65 of title 5, 
     United States Code, is amended--
       (A) in section 6502(a)(2)(B), by striking ``child 
     pornography'' and inserting ``child sexual abuse material''; 
     and
       (B) in section 6504(c)(2)(F), by striking ``child 
     pornography'' and inserting ``child sexual abuse material''.
       (2) Homeland security act of 2002.--The Homeland Security 
     Act of 2002 (6 U.S.C. 101 et seq.) is amended--
       (A) in section 307(b)(3)(D) (6 U.S.C. 187(b)(3)(D)), by 
     striking ``child pornography'' and inserting ``child sexual 
     abuse material''; and
       (B) in section 890A (6 U.S.C. 473)--
       (i) in subsection (b)(2)(A)(ii), by striking ``child 
     pornography'' and inserting ``child sexual abuse material''; 
     and
       (ii) in subsection (e)(3)(B)(ii), by striking ``child 
     pornography'' and inserting ``child sexual abuse material''.
       (3) Immigration and nationality act.--Section 101(a)(43)(I) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(43)(I)) is amended by striking ``child pornography'' 
     and inserting ``child sexual abuse material''.
       (4) Small business jobs act of 2010.--Section 3011(c) of 
     the Small Business Jobs Act of 2010 (12 U.S.C. 5710(c)) is 
     amended by striking ``child pornography'' and inserting 
     ``child sexual abuse material''.
       (5) Broadband data improvement act.--Section 214(a)(2) of 
     the Broadband Data Improvement Act (15 U.S.C. 6554(a)(2)) is 
     amended by striking ``child pornography'' and inserting 
     ``child sexual abuse material''.
       (6) CAN-SPAM act of 2003.--Section 4(b)(2)(B) of the CAN-
     SPAM Act of 2003 (15 U.S.C. 7703(b)(2)(B)) is amended by 
     striking ``child pornography'' and inserting ``child sexual 
     abuse material''.
       (7) Title 18, united states code.--Title 18, United States 
     Code, is amended--
       (A) in section 1956(c)(7)(D), by striking ``child 
     pornography'' each place the term appears and inserting 
     ``child sexual abuse material'';
       (B) in chapter 110--
       (i) in section 2251(e), by striking ``child pornography'' 
     and inserting ``child sexual abuse material'';
       (ii) in section 2252(b)--

       (I) in paragraph (1), by striking ``child pornography'' and 
     inserting ``child sexual abuse material''; and
       (II) in paragraph (2), by striking ``child pornography'' 
     and inserting ``child sexual abuse material'';

       (iii) in section 2252A--

       (I) in the section heading, by striking ``material 
     constituting or containing child pornography'' and inserting 
     ``child sexual abuse material'';
       (II) in subsection (a)--

       (aa) in paragraph (1), by striking ``child pornography'' 
     and inserting ``child sexual abuse material'';
       (bb) in paragraph (2)--
       (AA) in subparagraph (A), by striking ``child pornography'' 
     and inserting ``child sexual abuse material''; and
       (BB) in subparagraph (B), by striking ``material that 
     contains child pornography'' and inserting ``child sexual 
     abuse material'';
       (cc) in paragraph (3)(A), by striking ``child pornography'' 
     and inserting ``child sexual abuse material'';
       (dd) in paragraph (4)--
       (AA) in subparagraph (A), by striking ``child pornography'' 
     and inserting ``child sexual abuse material''; and
       (BB) in subparagraph (B), by striking ``child pornography'' 
     and inserting ``child sexual abuse material'';
       (ee) in paragraph (5)--
       (AA) in subparagraph (A), by striking ``material that 
     contains an image of child pornography'' and inserting ``item 
     containing child sexual abuse material''; and
       (BB) in subparagraph (B), by striking ``material that 
     contains an image of child pornography'' and inserting ``item 
     containing child sexual abuse material''; and
       (ff) in paragraph (7)--
       (AA) by striking ``child pornography'' and inserting 
     ``child sexual abuse material''; and
       (BB) by striking the period at the end and inserting a 
     comma;

       (III) in subsection (b)--

       (aa) in paragraph (1), by striking ``child pornography'' 
     and inserting ``child sexual abuse material''; and
       (bb) in paragraph (2), by striking ``child pornography'' 
     each place the term appears and inserting ``child sexual 
     abuse material'';

       (IV) in subsection (c)--

       (aa) in paragraph (1)(A), by striking ``child pornography'' 
     and inserting ``child sexual abuse material'';
       (bb) in paragraph (2), by striking ``child pornography'' 
     and inserting ``child sexual abuse material''; and
       (cc) in the undesignated matter following paragraph (2), by 
     striking ``child pornography'' and inserting ``child sexual 
     abuse material'';

       (V) in subsection (d)(1), by striking ``child pornography'' 
     and inserting ``child sexual abuse material''; and
       (VI) in subsection (e), by striking ``child pornography'' 
     each place the term appears and inserting ``child sexual 
     abuse material'';

       (iv) in section 2256(8)--

       (I) by striking ``child pornography'' and inserting ``child 
     sexual abuse material''; and
       (II) by striking the period at the end and inserting a 
     semicolon;

       (v) in section 2257A(h)--

       (I) in paragraph (1)(A)(iii)--

       (aa) by inserting a comma after ``marketed'';
       (bb) by striking ``such than'' and inserting ``such that''; 
     and
       (cc) by striking ``a visual depiction that is child 
     pornography'' and inserting ``child sexual abuse material''; 
     and

       (II) in paragraph (2), by striking ``any visual depiction 
     that is child pornography'' and inserting ``child sexual 
     abuse material'';

       (vi) in section 2258A(g)(2)(B), by striking ``visual 
     depictions of apparent child pornography'' and inserting 
     ``apparent child sexual abuse material'';
       (vii) in section 2258B--

       (I) in the section heading, by striking ``certain visual 
     depictions of apparent child pornography'' and inserting 
     ``apparent child sexual abuse material'';
       (II) in subsection (e)--

       (aa) in the subsection heading, by striking ``Child 
     Pornography'' each place it appears and inserting ``Child 
     Sexual Abuse Material'';
       (bb) in paragraph (1), by striking ``child pornography'' 
     each place it appears and inserting ``child sexual abuse 
     material'';
       (cc) in paragraph (3), by striking ``child pornography'' 
     each place it appears and inserting ``child sexual abuse 
     material''; and
       (dd) in paragraph (4) in the matter preceding subparagraph 
     (A), by striking ``child pornography'' and inserting ``child 
     sexual abuse material'';
       (viii) in section 2258C, as amended by section 1404 of this 
     title--

       (I) in the section heading, by striking ``Use to combat 
     child pornography of technical elements relating to reports 
     made to NCMEC'' and inserting ``Use of technical elements 
     from reports made to NCMEC to combat child sexual abuse 
     material'';
       (II) in subsection (a)--

[[Page S3536]]

       (aa) in paragraph (2), by striking ``child pornography'' 
     and inserting ``child sexual abuse material''; and
       (bb) in paragraph (3), by striking ``the actual visual 
     depictions of apparent child pornography'' and inserting 
     ``any apparent child sexual abuse material'';

       (III) in subsection (d), by striking ``child pornography 
     visual depiction'' and inserting ``child sexual abuse 
     material''; and
       (IV) in subsection (e), by striking ``child pornography 
     visual depiction'' and inserting ``child sexual abuse 
     material'';

       (ix) in section 2259, as amended by section 1403 of this 
     title--

       (I) in paragraph (b)(2)--

       (aa) in the paragraph heading, by striking ``child 
     pornography'' and inserting ``child sexual abuse material'';
       (bb) in the matter preceding subparagraph (A), by striking 
     ``child pornography'' and inserting ``child sexual abuse 
     material''; and
       (cc) in subparagraph (A), by striking ``child pornography'' 
     and inserting ``child sexual abuse material'';

       (II) in subsection (c)(2), in the matter preceding 
     subparagraph (A), by striking ``trafficking in child 
     pornography offenses'' each place the term appears and 
     inserting ``offenses for trafficking in child sexual abuse 
     material'' ; and
       (III) in subsection (d)(1)--

       (aa) in subparagraph (A)--
       (AA) by striking ``child pornography'' each place the term 
     appears and inserting ``child sexual abuse material''; and
       (BB) by striking ``Child Pornography Victims Reserve'' and 
     inserting ``Reserve for Victims of Child Sexual Abuse 
     Material'';
       (bb) in subparagraph (B), by striking ``child pornography'' 
     and inserting ``child sexual abuse material''; and
       (cc) in subparagraph (C)--
       (AA) by striking ``child pornography'' and inserting 
     ``child sexual abuse material''; and
       (BB) by striking ``Child Pornography Victims Reserve'' and 
     inserting ``Reserve for Victims of Child Sexual Abuse 
     Material'';
       (x) in section 2259A--

       (I) in the section heading, by striking ``child pornography 
     cases'' and inserting ``cases involving child sexual abuse 
     material'';
       (II) in subsection (a)(3), by striking ``a child 
     pornography production offense'' and inserting ``an offense 
     for production of child sexual abuse material''; and
       (III) in subsection (d)(2)(B), by striking ``child 
     pornography production or trafficking offense that the 
     defendant committed'' and inserting ``offense for production 
     of child sexual abuse material or trafficking in child sexual 
     abuse material committed by the defendant''; and

       (xi) in section 2259B--

       (I) in the section heading, by striking ``Child pornography 
     victims reserve'' and inserting ``Reserve for victims of 
     child sexual abuse material'';
       (II) in subsection (a), by striking ``Child Pornography 
     Victims Reserve'' each place the term appears and inserting 
     ``Reserve for Victims of Child Sexual Abuse Material'';
       (III) in subsection (b), by striking ``Child Pornography 
     Victims Reserve'' each place the term appears and inserting 
     ``Reserve for Victims of Child Sexual Abuse Material''; and
       (IV) in subsection (c), by striking ``Child Pornography 
     Victims Reserve'' and inserting ``Reserve for Victims of 
     Child Sexual Abuse Material'';

       (C) in chapter 117--
       (i) in section 2423(f)(3), by striking ``child 
     pornography'' and inserting ``child sexual abuse material''; 
     and
       (ii) in section 2427--

       (I) in the section heading, by striking ``child 
     pornography'' and inserting ``child sexual abuse material''; 
     and
       (II) by striking ``child pornography'' and inserting 
     ``child sexual abuse material'';

       (D) in section 2516--
       (i) in paragraph (1)(c), by striking ``material 
     constituting or containing child pornography'' and inserting 
     ``child sexual abuse material''; and
       (ii) in paragraph (2), by striking ``child pornography 
     production'' and inserting ``production of child sexual abuse 
     material'';
       (E) in section 3014(h)(3), by striking ``child pornography 
     victims'' and inserting ``victims of child sexual abuse 
     material'';
       (F) in section 3509, as amended by section 1402(a) of this 
     title--
       (i) in subsection (a)(6), by striking ``child pornography'' 
     and inserting ``child sexual abuse material''; and
       (ii) in subsection (m)--

       (I) in the subsection heading, by striking ``Child 
     Pornography'' and inserting ``Child Sexual Abuse Material'';
       (II) in paragraph (1), by striking ``property or material 
     that constitutes child pornography'' and inserting ``child 
     sexual abuse material, or property or item containing such 
     material,'';
       (III) in paragraph (2)--

       (aa) in subparagraph (A)--
       (AA) by striking ``property or material that constitutes 
     child pornography'' and inserting ``child sexual abuse 
     material, or property or item containing such material,''; 
     and
       (BB) by striking ``the property or material'' and inserting 
     ``the child sexual abuse material, property, or item''; and
       (bb) in subparagraph (B)--
       (AA) by striking ``property or material'' the first place 
     the term appears and inserting ``the child sexual abuse 
     material, property, or item''; and
       (BB) by striking ``the property or material'' and inserting 
     ``the child sexual abuse material, property, or item'';

       (IV) in paragraph (3)--

       (aa) by striking ``property or material that constitutes 
     child pornography'' and inserting ``child sexual abuse 
     material'';
       (bb) by striking ``such child pornography'' and inserting 
     ``such child sexual abuse material''; and
       (cc) by striking ``Such property or material'' and 
     inserting ``Such child sexual abuse material''; and
       (G) in section 3632(d)(4)(D)(xlii), by striking ``material 
     constituting or containing child pornography'' and inserting 
     ``child sexual abuse material''.
       (8) Tariff act of 1930.--Section 583(a)(2)(B) of the Tariff 
     Act of 1930 (19 U.S.C. 1583(a)(2)(B)) is amended by striking 
     ``child pornography'' and inserting ``child sexual abuse 
     material''.
       (9) Elementary and secondary education act of 1965.--
     Section 4121 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7131) is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)(A)(ii), by striking ``child 
     pornography'' and inserting ``child sexual abuse material''; 
     and
       (ii) in paragraph (2)(A)(ii), by striking ``child 
     pornography'' and inserting ``child sexual abuse material''; 
     and
       (B) in subsection (e)(5)--
       (i) in the paragraph heading, by striking ``Child 
     pornography'' and inserting ``Child sexual abuse material''; 
     and
       (ii) by striking ``child pornography'' and inserting 
     ``child sexual abuse material''.
       (10) Museum and library services act.--Section 224(f) of 
     the Museum and Library Services Act (20 U.S.C. 9134(f)) is 
     amended--
       (A) in paragraph (1)--
       (i) in subparagraph (A)(i)(II), by striking ``child 
     pornography'' and inserting ``child sexual abuse material''; 
     and
       (ii) in subparagraph (B)(i)(II), by striking ``child 
     pornography'' and inserting ``child sexual abuse material''; 
     and
       (B) in paragraph (7)(A)--
       (i) in the subparagraph heading, by striking ``Child 
     pornography'' and inserting ``Child sexual abuse material''; 
     and
       (ii) by striking ``child pornography'' and inserting 
     ``child sexual abuse material''.
       (11) Omnibus crime control and safe streets act of 1968.--
     Section 3031(b)(3) of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (34 U.S.C. 10721(b)(3)) is 
     amended by striking ``child pornography'' and inserting 
     ``child sexual abuse material''.
       (12) Juvenile justice and delinquency prevention act of 
     1974.--Section 404(b)(1)(K) of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)) 
     is amended--
       (A) in clause (i)(I)(aa), by striking ``child pornography'' 
     and inserting ``child sexual abuse material''; and
       (B) in clause (ii), by striking ``child pornography'' and 
     inserting ``child sexual abuse material''.
       (13) Victims of crime act of 1984.--Section 1402(d)(6)(A) 
     of the Victims of Crime Act of 1984 (34 U.S.C. 
     20101(d)(6)(A)) is amended by striking ``Child Pornography 
     Victims Reserve'' and inserting ``Reserve for Victims of 
     Child Sexual Abuse Material''.
       (14) Victims of child abuse act of 1990.--The Victims of 
     Child Abuse Act of 1990 (34 U.S.C. 20301 et seq.) is 
     amended--
       (A) in section 212(4) (34 U.S.C. 20302(4)), by striking 
     ``child pornography'' and inserting ``child sexual abuse 
     material'';
       (B) in section 214(b) (34 U.S.C. 20304(b))--
       (i) in the subsection heading, by striking ``Child 
     Pornography'' and inserting ``Child Sexual Abuse Material''; 
     and
       (ii) by striking ``child pornography'' and inserting 
     ``child sexual abuse material''; and
       (C) in section 226(c)(6) (34 U.S.C. 20341(c)(6)), by 
     striking ``child pornography'' and inserting ``child sexual 
     abuse material''.
       (15) Sex offender registration and notification act.--
     Section 111 of the Sex Offender Registration and Notification 
     Act (34 U.S.C. 20911) is amended--
       (A) in paragraph (3)(B)(iii), by striking ``child 
     pornography'' and inserting ``child sexual abuse material''; 
     and
       (B) in paragraph (7)(G), by striking ``child pornography'' 
     and inserting ``child sexual abuse material''.
       (16) Adam walsh child protection and safety act of 2006.--
     Section 143(b)(3) of the Adam Walsh Child Protection and 
     Safety Act of 2006 (34 U.S.C. 20942(b)(3)) is amended by 
     striking ``child pornography and enticement cases'' and 
     inserting ``cases involving child sexual abuse material and 
     enticement of children''.
       (17) Protect our children act of 2008.--The PROTECT Our 
     Children Act of 2008 (34 U.S.C. 21101 et seq.) is amended--
       (A) in section 101(c) (34 U.S.C. 21111(c))--
       (i) in paragraph (16)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``child pornography trafficking'' and inserting ``trafficking 
     in child sexual abuse material'';
       (II) in subparagraph (A), by striking ``child pornography'' 
     and inserting ``child sexual abuse material'';
       (III) in subparagraph (B), by striking ``child 
     pornography'' and inserting ``child sexual abuse material'';
       (IV) in subparagraph (C), by striking ``child pornography'' 
     and inserting ``child sexual abuse material''; and

[[Page S3537]]

       (V) in subparagraph (D), by striking ``child pornography'' 
     and inserting ``child sexual abuse material''; and

       (ii) in paragraph (17)(A), by striking ``child 
     pornography'' and inserting ``child sexual abuse material''; 
     and
       (B) in section 105(e)(1)(C) (34 U.S.C. 21115(e)(1)(C)), by 
     striking ``child pornography trafficking'' and inserting 
     ``trafficking in child sexual abuse material''.
       (18) Social security act.--Section 471(a)(20)(A)(i) of the 
     Social Security Act (42 U.S.C. 671(a)(20)(A)(i)) is amended 
     by striking ``child pornography'' and inserting ``offenses 
     involving child sexual abuse material''.
       (19) Privacy protection act of 1980.--Section 101 of the 
     Privacy Protection Act of 1980 (42 U.S.C. 2000aa) is 
     amended--
       (A) in subsection (a)(1), by striking ``child pornography'' 
     and inserting ``child sexual abuse material''; and
       (B) in subsection (b)(1), by striking ``child pornography'' 
     and inserting ``child sexual abuse material''.
       (20) Child care and development block grant act of 1990.--
     Section 658H(c)(1) of the Child Care and Development Block 
     Grant Act of 1990 (42 U.S.C. 9858f(c)(1)) is amended--
       (A) in subparagraph (D)(iii), by striking ``child 
     pornography'' and inserting ``offenses relating to child 
     sexual abuse material''; and
       (B) in subparagraph (E), by striking ``child pornography'' 
     and inserting ``child sexual abuse material''.
       (21) Communications act of 1934.--Title II of the 
     Communications Act of 1934 (47 U.S.C. 201 et seq.) is 
     amended--
       (A) in section 223 (47 U.S.C. 223)--
       (i) in subsection (a)(1)--

       (I) in subparagraph (A), in the undesignated matter 
     following clause (ii), by striking ``child pornography'' and 
     inserting ``which constitutes child sexual abuse material''; 
     and
       (II) in subparagraph (B), in the undesignated matter 
     following clause (ii), by striking ``child pornography'' and 
     inserting ``which constitutes child sexual abuse material''; 
     and

       (ii) in subsection (d)(1), in the undesignated matter 
     following subparagraph (B), by striking ``child pornography'' 
     and inserting ``that constitutes child sexual abuse 
     material''; and
       (B) in section 254(h) (47 U.S.C. 254(h))--
       (i) in paragraph (5)--

       (I) in subparagraph (B)(i)(II), by striking ``child 
     pornography'' and inserting ``child sexual abuse material''; 
     and
       (II) in subparagraph (C)(i)(II), by striking ``child 
     pornography'' and inserting ``child sexual abuse material'';

       (ii) in paragraph (6)--

       (I) in subparagraph (B)(i)(II), by striking ``child 
     pornography'' and inserting ``child sexual abuse material''; 
     and
       (II) in subparagraph (C)(i)(II), by striking ``child 
     pornography'' and inserting ``child sexual abuse material''; 
     and

       (iii) in paragraph (7)(F)--

       (I) in the subparagraph heading, by striking ``Child 
     pornography'' and inserting ``Child sexual abuse material''; 
     and
       (II) by striking ``child pornography'' and inserting 
     ``child sexual abuse material''.

       (c) Table of Sections Amendments.--
       (1) Chapter 110 of title 18.--The table of sections for 
     chapter 110 of title 18, United States Code, is amended--
       (A) by striking the item relating to section 2252A and 
     inserting the following:

``2252A. Certain activities relating to child sexual abuse material.'';
       (B) by striking the item relating to section 2258B and 
     inserting the following:

``2258B. Limited liability for the reporting, storage, and handling of 
              apparent child sexual abuse material to the National 
              Center for Missing & Exploited Children.'';
       (C) by striking the item relating to section 2258C and 
     inserting the following:

``2258C. Use of technical elements from reports made to the 
              CyberTipline to combat child sexual abuse material.'';
       (D) by striking the item relating to section 2259A and 
     inserting the following:

``2259A. Assessments in cases involving child sexual abuse material.'';
     and
       (E) by striking the item relating to section 2259B and 
     inserting the following:

``2259B. Reserve for victims of child sexual abuse material.''.
       (2) Chapter 117 of title 18.--The table of sections for 
     chapter 117 of title 18, United States Code, is amended by 
     striking the item relating to section 2427 and inserting the 
     following:

``2427. Inclusion of offenses relating to child sexual abuse material 
              in definition of sexual activity for which any person can 
              be charged with a criminal offense.''.
       (d) Amendment to the Federal Sentencing Guidelines.--
     Pursuant to its authority under section 994(p) of title 28, 
     United States Code, and in accordance with this section, the 
     United States Sentencing Commission shall amend the Federal 
     sentencing guidelines, including application notes, to 
     replace the terms ``child pornography'' and ``child 
     pornographic material'' with ``child sexual abuse material''.
       (e) Effective Date.--The amendments made by this section to 
     title 18 of the United States Code shall apply to conduct 
     that occurred before, on, or after the date of enactment of 
     this Act.

     SEC. 1408. 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.

     SEC. 1409. CONTINUED APPLICABILITY OF FEDERAL, STATE, AND 
                   TRIBAL LAW.

       (a) Federal Law.--Nothing in this title or the amendments 
     made by this title, nor any rule or regulation issued 
     pursuant to this title or the amendments made by this title, 
     shall affect or diminish any right or remedy for a victim of 
     child sexual abuse material or child sexual exploitation 
     under any other Federal law, rule, or regulation, including 
     any claim under section 2255 of title 18, United States Code, 
     with respect to any individual or entity.
       (b) State or Tribal Law.--Nothing in this title or the 
     amendments made by this title, nor any rule or regulation 
     issued pursuant to this title or the amendments made by this 
     title, shall--
       (1) preempt, diminish, or supplant any right or remedy for 
     a victim of child sexual abuse material or child sexual 
     exploitation under any State or Tribal common or statutory 
     law; or
       (2) prohibit the enforcement of a law governing child 
     sexual abuse material or child sexual exploitation that is at 
     least as protective of the rights of a victim as this title 
     and the amendments made by this title.
                                 ______
                                 
  SA 2012. Mr. CORNYN (for himself and Mr. King) submitted an amendment 
intended to be proposed to amendment SA 1911 proposed by Ms. Cantwell 
(for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) to the bill H.R. 
3935, to amend title 49, United States Code, to reauthorize and improve 
the Federal Aviation Administration and other civil aviation programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. TERMINATION OF TAX-EXEMPT STATUS OF TERRORIST 
                   SUPPORTING ORGANIZATIONS.

       (a) In General.--Section 501(p) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(8) Application to terrorist supporting organizations.--
       ``(A) In general.--For purposes of this subsection, in the 
     case of any terrorist supporting organization--
       ``(i) such organization (and the designation of such 
     organization under subparagraph (B)) shall be treated as 
     described in paragraph (2), and
       ``(ii) the period of suspension described in paragraph (3) 
     with respect to such organization shall be treated as 
     beginning on the date that the Secretary designates such 
     organization under subparagraph (B) and ending on the date 
     that the Secretary rescinds such designation under 
     subparagraph (D).
       ``(B) Terrorist supporting organization.--For purposes of 
     this paragraph, the term `terrorist supporting organization' 
     means any organization which is designated by the Secretary 
     as having provided, during the 3-year period ending on the 
     date of such designation, material support or resources 
     (within the meaning of section 2339B of title 18, United 
     States Code) to an organization described in paragraph (2) 
     (determined after the application of this paragraph to such 
     organization) in excess of a de minimis amount.
       ``(C) Designation procedure.--
       ``(i) Notice requirement.--Prior to designating any 
     organization as a terrorist supporting organization under 
     subparagraph (B), the Secretary shall mail to the most recent 
     mailing address provided by such organization on the 
     organization's annual return or notice under section 6033 (or 
     subsequent form indicating a change of address) a written 
     notice which includes--

       ``(I) a statement that the Secretary will designate such 
     organization as a terrorist supporting organization unless 
     the organization satisfies the requirements of subclause (I) 
     or (II) of clause (ii),
       ``(II) the name of the organization or organizations with 
     respect to which the Secretary has determined such 
     organization provided material support or sources as 
     described in subparagraph (B), and
       ``(III) a description of such material support or resources 
     to the extent consistent with national security and law 
     enforcement interests.

       ``(ii) Opportunity to cure.--In the case of any notice 
     provided to an organization under clause (i), the Secretary 
     shall, at the close of the 90-day period beginning on the 
     date that such notice was sent, designate such organization 
     as a terrorist supporting organization under subparagraph (B) 
     if (and only if) such organization has not (during such 
     period)--

       ``(I) demonstrated to the satisfaction of the Secretary 
     that such organization did not provide the material support 
     or resources referred to in subparagraph (B), or

[[Page S3538]]

       ``(II) made reasonable efforts to have such support or 
     resources returned to such organization and certified in 
     writing to the Secretary that such organization will not 
     provide any further support or resources to organizations 
     described in paragraph (2).

     A certification under subclause (II) shall not be treated as 
     valid if the organization making such certification has 
     provided any other such certification during the preceding 5 
     years.
       ``(D) Rescission.--The Secretary shall rescind a 
     designation under subparagraph (B) if (and only if)--
       ``(i) the Secretary determines that such designation was 
     erroneous,
       ``(ii) after the Secretary receives a written certification 
     from an organization that such organization did not receive 
     the notice described in subparagraph (C)(i)--

       ``(I) the Secretary determines that it is reasonable to 
     believe that such organization did not receive such notice, 
     and
       ``(II) such organization satisfies the requirements of 
     subclause (I) or (II) of subparagraph (C)(ii) (determined 
     after taking into account the last sentence thereof), or

       ``(iii) the Secretary determines, with respect to all 
     organizations to which the material support or resources 
     referred to in subparagraph (B) were provided, the periods of 
     suspension under paragraph (3) have ended.
     A certification described in the matter preceding subclause 
     (I) of clause (ii) shall not be treated as valid if the 
     organization making such certification has provided any other 
     such certification during the preceding 5 years.
       ``(E) Administrative review by internal revenue service 
     independent office of appeals.--In the case of the 
     designation of an organization by the Secretary as a 
     terrorist supporting organization under subparagraph (B), a 
     dispute regarding such designation shall be subject to 
     resolution by the Internal Revenue Service Independent Office 
     of Appeals under section 7803(e) in the same manner as if 
     such designation were made by the Internal Revenue Service 
     and paragraph (5) of this subsection did not apply.
       ``(F) Jurisdiction of united states courts.--
     Notwithstanding paragraph (5), the United States district 
     courts shall have exclusive jurisdiction to review a final 
     determination with respect to an organization's designation 
     as a terrorist supporting organization under subparagraph 
     (B). In the case of any such determination which was based on 
     classified information (as defined in section 1(a) of the 
     Classified Information Procedures Act), such information may 
     be submitted to the reviewing court ex parte and in camera. 
     For purposes of this subparagraph, a determination with 
     respect to an organization's designation as a terrorist 
     supporting organization shall not fail to be treated as a 
     final determination merely because such organization fails to 
     utilize the dispute resolution process of the Internal 
     Revenue Service Independent Office of Appeals provided under 
     subparagraph (E).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to designations made after the date of the 
     enactment of this Act in taxable years ending after such 
     date.
                                 ______
                                 
  SA 2013. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, 
Ms. Duckworth, and Mr. Moran) to the bill H.R. 3935, to amend title 49, 
United States Code, to reauthorize and improve the Federal Aviation 
Administration and other civil aviation programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. AUTHORIZATION OF CERTAIN FLIGHTS BY STAGE 2 
                   AIRCRAFT.

       Section 172(a) of the FAA Reauthorization Act of 2018 (49 
     U.S.C. 47521 note) is amended in the matter preceding 
     paragraph (1), by striking ``medium hub airports or nonhub 
     airports'' and inserting ``medium hub airports, nonhub 
     airports, or airports that have a maintenance facility''.
       At the appropriate place, insert the following:

     SEC. ___. AUTHORIZATION OF CERTAIN FLIGHTS BY STAGE 2 
                   AIRCRAFT.

       Section 172(a) of the FAA Reauthorization Act of 2018 (49 
     U.S.C. 47521 note) is amended in the matter preceding 
     paragraph (1), by striking ``medium hub airports or nonhub 
     airports'' and inserting ``medium hub airports, nonhub 
     airports, or airports that have a maintenance facility''.
                                 ______
                                 
  SA 2014. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, 
Ms. Duckworth, and Mr. Moran) to the bill H.R. 3935, to amend title 49, 
United States Code, to reauthorize and improve the Federal Aviation 
Administration and other civil aviation programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. AUTHORIZATION OF CERTAIN FLIGHTS BY STAGE 2 
                   AIRCRAFT.

       Section 172 of the FAA Reauthorization Act of 2018 (49 
     U.S.C. 47521 note) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``medium hub airports or nonhub airports'' 
     and inserting ``medium hub airports, nonhub airports, or 
     airports that have a maintenance facility''; and
       (2) in subsection (c), by adding at the end the following 
     new paragraph:
       ``(3) Nonprimary airport.--The term `nonprimary airport' 
     means an airport that is not a primary airport (as defined in 
     section 47102 of title 49, United States Code).''.
                                 ______
                                 
  SA 2015. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, 
Ms. Duckworth, and Mr. Moran) to the bill H.R. 3935, to amend title 49, 
United States Code, to reauthorize and improve the Federal Aviation 
Administration and other civil aviation programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title IX, add the following:

     SEC. 937. EXPANDING USE OF INNOVATIVE TECHNOLOGIES IN THE 
                   GULF OF MEXICO.

       (a) In General.--The Administrator shall prioritize the 
     authorization of an eligible UAS test range sponsor 
     partnering with an eligible airport authority to achieve the 
     goals specified in subsection (b).
       (b) Goals.--The goals of a partnership authorized pursuant 
     to subsection (a) shall be to test the operations of 
     innovative technologies in both commercial and non-commercial 
     applications, consistent with existing law, to--
       (1) identify challenges associated with aviation operations 
     over large bodies of water;
       (2) provide transportation of cargo and passengers to 
     offshore energy infrastructure;
       (3) assess the impacts of operations in saltwater 
     environments;
       (4) identify the challenges of integrating such 
     technologies in complex airspace, including with commercial 
     rotorcraft; and
       (5) identify the differences between coordinating with 
     Federal air traffic control towers and towers operated under 
     the FAA Contract Tower Program.
       (c) Briefing to Congress.--The Administrator shall provide 
     an annual briefing to the appropriate committees of Congress 
     on the status of the partnership authorized under this 
     section, including detailing any barriers to the 
     commercialization of innovative technologies in the Gulf of 
     Mexico.
       (d) Definitions.--In this section:
       (1) Eligible airport authority.--The term ``eligible 
     airport authority'' means an AIP-eligible airport authority 
     that is--
       (A) located in a state bordering the Gulf of Mexico which 
     does not already contain a UAS Test Range;
       (B) has an air traffic control tower operated under the FAA 
     Contract Tower Program;
       (C) is located within 60 miles of a port; and
       (D) does not have any scheduled passenger airline service 
     as of the date of the enactment of this Act.
       (2) Innovative technologies.--The term ``innovative 
     technologies'' means unmanned aircraft systems and powered-
     lift aircraft.
       (3) UAS.--The term ``UAS'' means an unmanned aircraft 
     system.
                                 ______
                                 
  SA 2016. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, 
Ms. Duckworth, and Mr. Moran) to the bill H.R. 3935, to amend title 49, 
United States Code, to reauthorize and improve the Federal Aviation 
Administration and other civil aviation programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       In section 771(a)(1)(A), strike ``2032'' and insert 
     ``2034''.
                                 ______
                                 
  SA 2017. Ms. CANTWELL (for herself and Mr. Lujan) submitted an 
amendment intended to be proposed to amendment SA 1911 proposed by Ms. 
Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) to the 
bill H.R. 3935, to amend title 49, United States Code, to reauthorize 
and improve the Federal Aviation Administration and other civil 
aviation programs, and for other purposes; which was ordered to lie on 
the table; as follows:

        At the appropriate place, insert the following:

               TITLE ___--SPECTRUM AND NATIONAL SECURITY

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Spectrum and National 
     Security Act of 2024''.

     SEC. __02. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) electromagnetic spectrum is a scarce, valuable resource 
     that fuels the technological leadership of the United States 
     globally, which supports the national security and critical 
     operations of the United States;

[[Page S3539]]

       (2) because spectrum is a finite and limited resource, the 
     United States must invest in advanced spectrum technologies, 
     such as dynamic spectrum sharing, to make the best use of 
     spectrum to promote private sector innovation, and protect 
     and further the mission of Federal agencies;
       (3) to retain the global technology leadership of the 
     United States, the United States must have an accurate 
     assessment of the current and future demand for spectrum, and 
     the tools to meet that demand;
       (4) ensuring a clear and fair process for Federal agencies 
     to assess how to meet the demand for spectrum and 
     reauthorizing the spectrum auction authority of the 
     Commission will provide the tools described in paragraph (3);
       (5) as agreed to by both the Department of Defense and the 
     National Telecommunications and Information Administration in 
     the National Spectrum Strategy, an assessment of future 
     spectrum demand, the promotion of research and development on 
     dynamic spectrum sharing and other new and emerging spectrum 
     technologies, and support for a workforce to support an 
     advanced spectrum ecosystem are critical for expanding the 
     overall capacity, usability, and efficiency of spectrum to 
     enhance the competitiveness and national security of the 
     United States; and
       (6) a unified, forward-looking domestic spectrum policy is 
     vital for enabling the United States to advocate effectively 
     for its interests on the global stage, including at the 
     International Telecommunication Union, against the competing 
     spectrum policies advanced by foreign adversaries.

     SEC. __03. DEFINITIONS.

       In this title:
       (1) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (2) Dynamic spectrum sharing.--The term ``dynamic spectrum 
     sharing'' means a technique that enables multiple 
     electromagnetic spectrum users to operate on the same 
     frequencies in the same geographic area without causing 
     harmful interference to other users by using capabilities 
     that can adjust and optimize electromagnetic spectrum usage 
     in real time or near-real time, consistent with defined 
     regulations and policies for a particular spectrum band.
       (3) Spectrum advisory council.--The term ``Spectrum 
     Advisory Council'' has the meaning given the term in section 
     106(a) of the National Telecommunications and Information 
     Administration Organization Act, as added by section __21 of 
     this title.
       (4) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary of Commerce for Communications and 
     Information, as so designated by the amendment made by 
     section __22(a).

      Subtitle A--Development of Spectrum Maximizing Technologies

     SEC. __11. NATIONAL SPECTRUM RESEARCH AND DEVELOPMENT PLAN.

       (a) Definition.--In this section, the term ``Federal 
     entity'' has the meaning given the term in section 113(l) of 
     the National Telecommunications and Information 
     Administration Organization Act (47 U.S.C. 923(l)).
       (b) Dynamic Spectrum Sharing.--
       (1) National testbed.--Not later than 18 months after the 
     date of enactment of this Act, the Under Secretary shall 
     establish, or coordinate with other Federal entities to 
     establish or identify, a national testbed for dynamic 
     spectrum sharing that--
       (A) enables the identification of bands of Federal and non-
     Federal spectrum that can be accessed on a short-term basis 
     for experimentation;
       (B) considers specific areas for testing and measurement to 
     improve future study efforts across spectrum bands, including 
     researching and developing solutions that can be applied 
     across a range of spectrum bands;
       (C) is focused on developing technologically neutral 
     approaches;
       (D) enables Federal entities to work cooperatively with 
     non-Federal entities, including industry entities, academic 
     institutions, and research organizations, to objectively 
     examine new technologies to improve spectrum management; and
       (E) minimizes duplication of effort by synchronizing, to 
     the extent practicable, with other relevant research and 
     engineering activities underway across the Federal Government 
     in areas including artificial intelligence, machine learning, 
     zero-trust networks, data-source management, autonomy and 
     autonomous systems, and advanced radar technologies.
       (2) Funding.--The Under Secretary may use the funding 
     provided under section __62(c)(1)(E) of this Act to establish 
     the national testbed for dynamic spectrum sharing under 
     paragraph (1).
       (c) Research and Development Plan.--The Office of Science 
     and Technology Policy, in coordination with each member 
     agency of the Spectrum Advisory Council, shall develop a 
     National Spectrum Research and Development Plan that--
       (1) identifies the key innovation areas for spectrum 
     research and development, including dynamic spectrum sharing, 
     artificial intelligence and machine learning techniques, and 
     other emerging technologies for improving spectrum efficiency 
     and innovation;
       (2) establishes a process to refine and enhance the 
     innovation areas identified under paragraph (1) on an ongoing 
     basis;
       (3) considers recommendations developed through the 
     collaborative framework established under subsection (d)(1); 
     and
       (4) will encourage Federal entities to conduct spectrum-
     related testing and research in cooperation with the 
     Institute for Telecommunication Sciences of the National 
     Telecommunications and Information Administration.
       (d) Public and Private Sector Collaborative Framework.--
       (1) Establishment.--The Under Secretary, in coordination 
     with the Commission, as appropriate, shall establish a 
     collaborative framework for coordination, technical exchange, 
     and information sharing between Federal entities and non-
     Federal entities for purposes of short-term and long-term 
     spectrum planning and management.
       (2) Requirements.--The collaborative framework established 
     under paragraph (1) shall consider--
       (A) leveraging Federal and non-Federal advisory groups that 
     advise the Federal Government on spectrum planning or 
     management, as appropriate;
       (B) identifying new advisory groups that could be 
     established to aid long-term spectrum planning;
       (C) defining the interactions among the groups described in 
     subparagraphs (A) and (B), including their roles and 
     responsibilities and desired outputs;
       (D) adhering to applicable interagency memoranda of 
     understanding on spectrum planning or management;
       (E) engaging with a variety of stakeholders, including 
     unserved and historically underserved populations, Tribal 
     Nations, and the Native Hawaiian community; and
       (F) establishing a standardized submission process for 
     Federal entities and non-Federal entities to provide 
     information, on an ongoing basis, regarding their current and 
     projected future spectrum needs.
       (3) Evidence-based spectrum decision-making.--The Under 
     Secretary shall use the collaborative framework established 
     under paragraph (1) to develop best practices for conducting 
     technical and economic analyses that are--
       (A) data-driven;
       (B) science-based;
       (C) peer-reviewed; and
       (D) publicly available in an easily accessible electronic 
     format, to the extent practicable, with appropriate 
     redactions for classified information, or other information 
     reflecting technical, procedural, or policy concerns that are 
     exempt from disclosure under section 552 of title 5, United 
     States Code (commonly known as the ``Freedom of Information 
     Act'').
       (e) Promotion of Advanced Spectrum-sharing Technologies.--
     The Under Secretary shall help promote the development of 
     advanced spectrum-sharing technologies, including dynamic 
     spectrum sharing, by identifying, in coordination with the 
     Commission--
       (1) incentives for non-Federal development and use of such 
     technologies; and
       (2) mechanisms to incentivize non-Federal users to adopt 
     such technologies.

         Subtitle B--Exerting United States Spectrum Leadership

     SEC. __21. EMPOWERING FEDERAL AGENCIES IN THE MANAGEMENT OF 
                   THEIR SPECTRUM.

       Part A of the National Telecommunications and Information 
     Administration Organization Act (47 U.S.C. 901 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 106. IMPROVING SPECTRUM MANAGEMENT.

       ``(a) Definitions.--In this section:
       ``(1) Chair.--The term `Chair' means the Chair of the 
     Commission.
       ``(2) Commission.--The term `Commission' means the Federal 
     Communications Commission.
       ``(3) Memorandum.--The term `Memorandum' means the 
     Memorandum of Understanding between the Commission and the 
     National Telecommunications and Information Administration 
     (relating to increased coordination between Federal spectrum 
     management agencies to promote the efficient use of the radio 
     spectrum in the public interest), signed on August 1, 2022, 
     or any successor memorandum.
       ``(4) Spectrum action.--The term `spectrum action' means 
     any proposed action by the Commission to reallocate radio 
     frequency spectrum that--
       ``(A) is anticipated to result in--
       ``(i) a system of competitive bidding conducted under 
     section 309(j) of the Communications Act of 1934 (47 U.S.C. 
     309(j)); or
       ``(ii) some other form of licensing; and
       ``(B) could potentially impact the spectrum operations of a 
     Federal entity.
       ``(5) Spectrum advisory council.--The term `Spectrum 
     Advisory Council' means the interagency advisory body 
     established under the memorandum of the President entitled 
     `Memorandum on Modernizing United States Spectrum Policy and 
     Establishing a National Spectrum Strategy', issued on 
     November 13, 2023, or any successor interagency advisory 
     body.
       ``(b) Federal Coordination Procedures.--
       ``(1) Responsibilities of ntia.--The Under Secretary 
     shall--
       ``(A) ensure, in coordination with the Spectrum Advisory 
     Council and, as appropriate, the Interdepartment Radio 
     Advisory Committee, that the views of the executive branch on 
     spectrum matters are properly--
       ``(i) developed;
       ``(ii) documented; and
       ``(iii) presented, as necessary, to the Commission and, as 
     appropriate and in coordination with the Director of the 
     Office of Management and Budget, to Congress, as required by 
     sections 102(b)(6) and 103(b)(2)(J);

[[Page S3540]]

       ``(B) adhere to the terms of the Memorandum;
       ``(C) solicit views of affected Federal entities and 
     provide those Federal entities with sufficient time and 
     procedures to present their views and supporting technical 
     information to the NTIA;
       ``(D) provide affected Federal entities with timely written 
     feedback explaining why and how their views will be taken 
     into account in the position that the NTIA communicates to 
     the Commission;
       ``(E) facilitate the presentation by affected Federal 
     entities of classified or otherwise sensitive views to the 
     Commission;
       ``(F) develop the position of the executive branch on 
     issues related to spectrum, including any supporting 
     technical and operational information to facilitate decision-
     making by the Commission;
       ``(G) provide the position described in subparagraph (F) to 
     the Commission; and
       ``(H) provide the position described in subparagraph (F) 
     within the applicable timelines established by the Commission 
     or, as needed, request additional time from the Commission.
       ``(2) Process for addressing non-consensus views.--If a 
     Federal entity and the Under Secretary are unable to reach 
     consensus on the views concerning Federal spectrum matters to 
     be presented to the Commission, the Under Secretary shall--
       ``(A) notify the Commission of the lack of consensus and 
     the anticipated next steps and timing to resolve the dispute;
       ``(B) request the joint assistance of the Secretary and the 
     head of the Federal entity objecting to the proposed 
     submission to the Commission to find a mutually agreeable 
     resolution; and
       ``(C) keep the Commission informed, as appropriate, 
     regarding anticipated next steps and the timing of 
     resolution.
       ``(3) Secondary process for addressing non-consensus.--If a 
     Federal entity and the Under Secretary are unable to reach a 
     mutually agreeable resolution under the process under 
     paragraph (2)--
       ``(A) not later than 90 days after completing the process, 
     the Under Secretary or the Federal entity may submit the 
     dispute to the Assistant to the President for National 
     Security Affairs and the Assistant to the President for 
     Economic Policy;
       ``(B) the Assistant to the President for National Security 
     Affairs and the Assistant to the President for Economic 
     Policy, in consultation with the Director of the Office of 
     Science and Technology Policy and, if appropriate, the 
     National Space Council, shall resolve the dispute through the 
     interagency process described in the national security 
     memorandum of the President entitled `Memorandum on Renewing 
     the National Security Council System', issued on February 4, 
     2021; and
       ``(C) the Under Secretary shall advise the Commission on 
     the executive branch position following the adjudication and 
     decision under the process described in this paragraph.
       ``(4) Post-commission action procedures.--If the Commission 
     takes a spectrum action to make spectrum available for non-
     Federal use and an affected Federal entity has knowledge, 
     unforeseen before the Commission took the spectrum action, 
     that the non-Federal use is causing or potentially will cause 
     harmful interference to existing Federal operations or non-
     Federal operations that are regulated by the Federal entity--
       ``(A) not later than 45 days after the date on which the 
     affected Federal entity learns of the unforeseen risk of 
     harmful interference, the Federal entity may formally request 
     that the Under Secretary address the issue with the 
     Commission for an appropriate remedy, which request shall--
       ``(i) clearly indicate the manner in which the public 
     interest will be implicated or harmed or in which the mission 
     of the Federal entity will be adversely affected;
       ``(ii) present evidence to the Under Secretary that the 
     non-Federal use is causing or potentially will cause harmful 
     interference or potential harm to the public interest, 
     including any technical or scientific data that supports that 
     position; and
       ``(iii) explain why the Federal entity cannot take steps to 
     ensure mission continuity that are consistent with the 
     spectrum action of the Commission;
       ``(B) if the Under Secretary believes that the affected 
     Federal entity has produced sufficient evidence under 
     subparagraph (A) that the non-Federal use will risk harmful 
     interference that cannot be reasonably mitigated without 
     Commission action, the Under Secretary, not later than 60 
     days after receiving the request from the Federal entity, 
     shall address the Commission under established processes 
     under the Memorandum and, as applicable, the Practice and 
     Procedure of the Commission under part 1 of title 47, Code of 
     Federal Regulations, or any successor regulations, for 
     seeking appropriate relief; and
       ``(C) if the Under Secretary concludes that there is not 
     sufficient evidence to seek relief from the Commission, the 
     affected Federal entity may follow the processes established 
     under paragraphs (2) and (3) of this subsection.
       ``(5) Rule of construction.--Nothing in this subsection may 
     be construed to require the disclosure of classified 
     information, or other information reflecting technical, 
     procedural, or policy concerns that are exempt from 
     disclosure under section 552 of title 5, United States Code 
     (commonly known as the `Freedom of Information Act').
       ``(c) Federal Spectrum Coordination Responsibilities.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of this section, the Under Secretary shall 
     establish a charter for the Spectrum Advisory Council.
       ``(2) Spectrum advisory council representative.--
       ``(A) In general.--The head of each Federal entity that is 
     reflected in the membership of the Spectrum Advisory Council, 
     as identified in the charter established under paragraph (1), 
     shall appoint a senior-level employee (or an individual 
     occupying a Senior Executive Service position, as defined in 
     section 3132(a) of title 5, United States Code) who is 
     eligible to receive a security clearance that allows for 
     access to sensitive compartmented information to serve as the 
     representative of the Federal entity to the Spectrum Advisory 
     Council.
       ``(B) Security clearance requirement.--If an individual 
     appointed under subparagraph (A) is not eligible to receive a 
     security clearance described in that subparagraph--
       ``(i) the appointment shall be invalid; and
       ``(ii) the head of the Federal entity making the 
     appointment shall appoint another individual who satisfies 
     the requirements of that subparagraph, including the 
     requirement that the individual is eligible to receive such a 
     security clearance.
       ``(3) Duties.--An individual appointed under paragraph (2) 
     shall--
       ``(A) oversee the spectrum coordination policies and 
     procedures of the applicable Federal entity;
       ``(B) be responsible for timely notification of technical 
     or procedural concerns of the applicable Federal entity to 
     the Spectrum Advisory Council;
       ``(C) work closely with the representative of the 
     applicable Federal entity to the Interdepartment Radio 
     Advisory Committee;
       ``(D) respond to a request from the NTIA for, and to the 
     extent feasible, share with the NTIA, any technical and 
     operational information needed to facilitate spectrum 
     coordination not later than--
       ``(i) the applicable reasonable deadline established by the 
     NTIA, at the discretion of the NTIA, pursuant to section 
     IV(3) of the Memorandum, or any successor provision; or
       ``(ii) 45 days after the date of the request, in the case 
     of a request to which clause (i) does not apply;
       ``(E) furnish the NTIA with all relevant information to be 
     considered for filing with the Commission;
       ``(F) coordinate with the NTIA on a significant regulatory 
     action to be taken by the applicable Federal entity pursuant 
     to its regulatory authority directly relating to spectrum 
     before the Federal entity submits the regulatory action to 
     the Office of Information and Regulatory Affairs in 
     accordance with Executive Order 12866 (5 U.S.C. 601 note; 
     relating to regulatory planning and review); and
       ``(G) collaborate with the NTIA on spectrum planning.
       ``(d) Coordination Between Federal Agencies and the NTIA.--
       ``(1) Updates.--Not later than 3 years after the date of 
     enactment of this section, and every 4 years thereafter (or 
     more frequently, as appropriate), the Commission and the NTIA 
     shall reassess the Memorandum and, based on such a 
     reassessment, update the Memorandum, as necessary.
       ``(2) Nature of update.--Any update to the Memorandum under 
     paragraph (1) shall reflect changing technological, 
     procedural, and policy circumstances, as determined necessary 
     and appropriate by the Commission and the NTIA.
       ``(e) Annual Report to Congress.--Not later than 1 year 
     after the date of enactment of this section, and annually 
     thereafter, the Chair and the Under Secretary shall submit to 
     Congress a report on joint spectrum planning activities 
     conducted by the Chair and the Under Secretary under this 
     section.
       ``(f) Testing.--A Federal entity shall coordinate with the 
     NTIA before carrying out any electromagnetic compatibility 
     study or testing plan that the Federal entity seeks to be 
     considered in formulating the views of the executive branch 
     regarding spectrum regulatory matters.
       ``(g) Report on Spectrum Management Principles and 
     Methods.--Not later than May 14, 2025, the Under Secretary, 
     in coordination with the Spectrum Advisory Council, shall 
     publish a report that identifies--
       ``(1) spectrum management principles and methods to guide 
     the Federal Government in spectrum studies and science;
       ``(2) coordination guidelines for spectrum studies; and
       ``(3) processes for determining types of studies, criteria, 
     assumptions, and timelines that shall be acceptable in 
     decision-making involving the use of Federal spectrum and the 
     use of non-Federal spectrum by Federal entities.''.

     SEC. __22. UNDER SECRETARY OF COMMERCE FOR COMMUNICATIONS AND 
                   INFORMATION.

       (a) In General.--Section 103(a)(2) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 902(a)(2)) is amended by striking 
     ``Assistant Secretary of Commerce for Communications and 
     Information'' and inserting ``Under Secretary of Commerce for 
     Communications and Information''.
       (b) Pay.--Subchapter II of chapter 53 of title 5, United 
     States Code, is amended--
       (1) in section 5314, by striking ``and Under Secretary of 
     Commerce for Minority Business Development'' and inserting 
     ``Under

[[Page S3541]]

     Secretary of Commerce for Minority Business Development, and 
     Under Secretary of Commerce for Communications and 
     Information''; and
       (2) in section 5315, by striking ``(11)'' after ``Assistant 
     Secretaries of Commerce'' and inserting ``(10)''.
       (c) Deputy Under Secretary.--
       (1) In general.--Section 103(a) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 902(a)), as amended by subsection 
     (a) of this section, is amended by adding at the end the 
     following:
       ``(3) Deputy under secretary.--The Deputy Under Secretary 
     of Commerce for Communications and Information shall--
       ``(A) be the principal policy advisor of the Under 
     Secretary;
       ``(B) perform such other functions as the Under Secretary 
     shall from time to time assign or delegate; and
       ``(C) act as Under Secretary during the absence or 
     disability of the Under Secretary or in the event of a 
     vacancy in the office of the Under Secretary.''.
       (2) Technical and conforming amendment.--Section 106(c) of 
     the Public Telecommunications Financing Act of 1978 (5 U.S.C. 
     5316 note; Public Law 95-567) is amended by striking ``The 
     position of Deputy Assistant Secretary of Commerce for 
     Communications and Information, established in Department of 
     Commerce Organization Order Numbered 10-10 (effective March 
     26, 1978),'' and inserting ``The position of Deputy Under 
     Secretary of Commerce for Communications and Information, 
     established under section 103(a) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 902(a)),''.
       (d) Technical and Conforming Amendments.--
       (1) Communications act of 1934.--Section 344(d)(2) of the 
     Communications Act of 1934 (as added by section 60602(a) of 
     the Infrastructure Investment and Jobs Act (Public Law 117-
     58)) is amended by striking ``Assistant Secretary'' and 
     inserting ``Under Secretary''.
       (2) National telecommunications and information 
     administration organization act.--The National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 901 et seq.) is amended by 
     striking ``Assistant Secretary'' each place the term appears 
     and inserting ``Under Secretary''.
       (3) Homeland security act of 2002.--Section 1805(d)(2) of 
     the Homeland Security Act of 2002 (6 U.S.C. 575(d)(2)) is 
     amended by striking ``Assistant Secretary for Communications 
     and Information of the Department of Commerce'' and inserting 
     ``Under Secretary of Commerce for Communications and 
     Information''.
       (4) Agriculture improvement act of 2018.--Section 6212 of 
     the Agriculture Improvement Act of 2018 (7 U.S.C. 950bb-6) is 
     amended--
       (A) in subsection (d)(1), in the heading, by striking 
     ``assistant secretary'' and inserting ``under secretary''; 
     and
       (B) by striking ``Assistant Secretary'' each place the term 
     appears and inserting ``Under Secretary''.
       (5) REAL id act of 2005.--Section 303 of the REAL ID Act of 
     2005 (8 U.S.C. 1721 note; Public Law 109-13) is repealed.
       (6) Broadband data improvement act.--Section 214 of the 
     Broadband Data Improvement Act (15 U.S.C. 6554) is amended--
       (A) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``Assistant Secretary'' and inserting 
     ``Under Secretary'';
       (B) by striking subsection (b); and
       (C) by redesignating subsection (c) as subsection (b).
       (7) Electronic signatures in global and national commerce 
     act.--Section 103(c) of the Electronic Signatures in Global 
     and National Commerce Act (15 U.S.C. 7003(c)) is amended--
       (A) by striking ``Exceptions'' and all that follows through 
     ``Determinations.--If'' and inserting ``Exceptions.--If''; 
     and
       (B) by striking ``such exceptions'' and inserting ``of the 
     exceptions in subsections (a) and (b)''.
       (8) Title 17, united states code.--Section 1201 of title 
     17, United States Code, is amended--
       (A) in subsection (a)(1)(C), in the matter preceding clause 
     (i), by striking ``Assistant Secretary for Communications and 
     Information of the Department of Commerce'' and inserting 
     ``Under Secretary of Commerce for Communications and 
     Information''; and
       (B) in subsection (g), by striking paragraph (5).
       (9) Unlocking consumer choice and wireless competition 
     act.--Section 2(b) of the Unlocking Consumer Choice and 
     Wireless Competition Act (17 U.S.C. 1201 note; Public Law 
     113-144) is amended by striking ``Assistant Secretary for 
     Communications and Information of the Department of 
     Commerce'' and inserting ``Under Secretary of Commerce for 
     Communications and Information''.
       (10) Implementing recommendations of the 9/11 commission 
     act of 2007.--Section 2201(d) of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007 (42 U.S.C. 
     247d-3a note; Public Law 110-53) is repealed.
       (11) Communications satellite act of 1962.--Section 
     625(a)(1) of the Communications Satellite Act of 1962 (47 
     U.S.C. 763d(a)(1)) is amended, in the matter preceding 
     subparagraph (A), by striking ``Assistant Secretary'' and 
     inserting ``Under Secretary of Commerce''.
       (12) Spectrum pipeline act of 2015.--The Spectrum Pipeline 
     Act of 2015 (47 U.S.C. 921 note; title X of Public Law 114-
     74) is amended--
       (A) in section 1002(1), in the heading, by striking 
     ``assistant secretary'' and inserting ``under secretary''; 
     and
       (B) by striking ``Assistant Secretary'' each place the term 
     appears and inserting ``Under Secretary''.
       (13) Warning, alert, and response network act.--Section 606 
     of the Warning, Alert, and Response Network Act (47 U.S.C. 
     1205) is amended--
       (A) in subsection (b), in the first sentence, by striking 
     ``Assistant Secretary of Commerce for Communications and 
     Information'' and inserting ``Under Secretary of Commerce for 
     Communications and Information''; and
       (B) by striking ``Assistant Secretary'' each place the term 
     appears and inserting ``Under Secretary''.
       (14) American recovery and reinvestment act of 2009.--
     Section 6001 of the American Recovery and Reinvestment Act of 
     2009 (47 U.S.C. 1305) is amended by striking ``Assistant 
     Secretary'' each place the term appears and inserting ``Under 
     Secretary''.
       (15) Middle class tax relief and job creation act of 
     2012.--Title VI of the Middle Class Tax Relief and Job 
     Creation Act of 2012 (47 U.S.C. 1401 et seq.) is amended--
       (A) in section 6001 (47 U.S.C. 1401)--
       (i) by striking paragraph (4);
       (ii) by redesignating paragraphs (5) through (31) as 
     paragraphs (4) through (30), respectively; and
       (iii) by inserting after paragraph (30), as so 
     redesignated, the following:
       ``(31) Under secretary.--The term `Under Secretary' means 
     the Under Secretary of Commerce for Communications and 
     Information.'';
       (B) in subtitle D (47 U.S.C. 1451 et seq.)--
       (i) in section 6406 (47 U.S.C. 1453)--

       (I) by striking subsections (b) and (c); and
       (II) by inserting after subsection (a) the following:

       ``(b) Definition.--In this section, the term `5350 -5470 
     MHz band' means the portion of the electromagnetic spectrum 
     between the frequencies from 5350 megahertz to 5470 
     megahertz.''; and
       (ii) by striking section 6408; and
       (C) by striking ``Assistant Secretary'' each place the term 
     appears and inserting ``Under Secretary''.
       (16) Ray baum's act of 2018.--The RAY BAUM'S Act of 2018 
     (division P of Public Law 115-141; 132 Stat. 348) is amended 
     by striking ``Assistant Secretary'' each place the term 
     appears and inserting ``Under Secretary''.
       (17) Secure and trusted communications networks act of 
     2019.--Section 8 of the Secure and Trusted Communications 
     Networks Act of 2019 (47 U.S.C. 1607) is amended--
       (A) in subsection (c)(1), in the heading, by striking 
     ``assistant secretary'' and inserting ``under secretary''; 
     and
       (B) by striking ``Assistant Secretary'' each place the term 
     appears and inserting ``Under Secretary''.
       (18) Title 51, united states code.--Section 50112(3) of 
     title 51, United States Code, is amended, in the matter 
     preceding subparagraph (A), by striking ``Assistant 
     Secretary'' each place the term appears and inserting ``Under 
     Secretary''.
       (19) Consolidated appropriations act, 2021.--The 
     Consolidated Appropriations Act, 2021 (Public Law 116-260; 
     134 Stat. 1182) is amended--
       (A) in title IX of division N--
       (i) in section 902(a)(2) (47 U.S.C. 1306(a)(2)), in the 
     heading, by striking ``assistant secretary'' and inserting 
     ``under secretary'';
       (ii) in section 905 (47 U.S.C. 1705)--

       (I) in subsection (a)(1), in the heading, by striking 
     ``assistant secretary'' and inserting ``under secretary'';
       (II) in subsection (c)(3)(B), in the heading, by striking 
     ``assistant secretary'' and inserting ``under secretary''; 
     and
       (III) in subsection (d)(2)(B), in the heading, by striking 
     ``assistant secretary'' and inserting ``under secretary''; 
     and

       (iii) by striking ``Assistant Secretary'' each place the 
     term appears and inserting ``Under Secretary''; and
       (B) in title IX of division FF--
       (i) in section 903(g)(2), in the heading, by striking 
     ``assistant secretary'' and inserting ``under secretary''; 
     and
       (ii) by striking ``Assistant Secretary'' each place the 
     term appears and inserting ``Under Secretary''.
       (20) Infrastructure investment and jobs act.--The 
     Infrastructure Investment and Jobs Act (Public Law 117-58; 
     135 Stat. 429) is amended--
       (A) in section 27003, by striking ``Assistant Secretary'' 
     each place the term appears and inserting ``Under 
     Secretary'';
       (B) in division F--
       (i) in section 60102 (47 U.S.C. 1702)--

       (I) in subsection (a)(2)(A), by striking ``assistant 
     secretary'' and inserting ``under secretary'';
       (II) in subsection (d)(1), by striking ``assistant 
     secretary'' and inserting ``under secretary''; and
       (III) in subsection (h)--

       (aa) in paragraph (1)(B), by striking ``assistant 
     secretary'' and inserting ``under secretary''; and
       (bb) in paragraph (5)(B)(iii), by striking ``assistant 
     secretary'' and inserting ``under secretary'';

[[Page S3542]]

       (ii) in title III--

       (I) in section 60302(5) (47 U.S.C. 1721(5)), by striking 
     ``assistant secretary'' and inserting ``under secretary''; 
     and
       (II) in section 60305(d)(2)(B)(ii) (47 U.S.C. 
     1724(d)(2)(B)(ii)), by striking ``assistant secretary'' and 
     inserting ``under secretary'';

       (iii) in section 60401(a)(2) (47 U.S.C. 1741(a)(2)), by 
     striking ``assistant secretary'' and inserting ``under 
     secretary''; and
       (iv) by striking ``Assistant Secretary'' each place the 
     term appears and inserting ``Under Secretary'';
       (C) in section 90008(b)(3) (47 U.S.C. 921 note), by 
     striking ``Assistant Secretary'' and inserting ``Under 
     Secretary''; and
       (D) in division J, in title I, in the matter under the 
     heading ``distance learning, telemedicine, and broadband 
     program'' under the heading ``Rural Utilities Service'' under 
     the heading ``RURAL DEVELOPMENT PROGRAMS'', by striking 
     ``Assistant Secretary'' and inserting ``Under Secretary''.
       (e) Continuation in Office.--The individual serving as the 
     Assistant Secretary of Commerce for Communications and 
     Information and the individual serving as the Deputy 
     Assistant Secretary of Commerce for Communications and 
     Information on the day before the date of enactment of this 
     Act may serve as the Under Secretary of Commerce for 
     Communications and Information and the Deputy Under Secretary 
     of Commerce for Communications and Information, respectively, 
     on and after that date without the need for renomination or 
     reappointment.
       (f) References.--Any reference in any other Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of or pertaining to the Assistant 
     Secretary of Commerce for Communications and Information is 
     deemed to refer to the Under Secretary of Commerce for 
     Communications and Information.
       (g) Savings Provisions.--
       (1) Legal documents.--All orders, determinations, rules, 
     regulations, permits, grants, loans, contracts, agreements, 
     certificates, licenses, and privileges--
       (A) that have been issued, made, granted, or allowed to 
     become effective by the Assistant Secretary of Commerce for 
     Communications and Information, any officer or employee of 
     the National Telecommunications and Information 
     Administration, or any other Government official, or by a 
     court of competent jurisdiction; and
       (B) that are in effect on the date of enactment of this Act 
     (or become effective after that date pursuant to their terms 
     as in effect on that date),
     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, any other authorized 
     official, a court of competent jurisdiction, or operation of 
     law.
       (2) Nonabatement of actions.--No suit, action, or other 
     proceeding commenced by or against the Assistant Secretary of 
     Commerce for Communications and Information shall abate by 
     reason of the enactment of this subtitle and the amendments 
     made by this subtitle.
       (3) Proceedings.--This subtitle, and the amendments made by 
     this subtitle, shall not affect any proceedings or any 
     application for any benefits, service, license, permit, 
     certificate, or financial assistance pending on the date of 
     enactment of this Act before the National Telecommunications 
     and Information Administration, but those proceedings and 
     applications shall be continued. Orders shall be issued in 
     such proceedings, appeals shall be taken therefrom, and 
     payments shall be made pursuant to such orders, as if this 
     subtitle had not been enacted, and orders issued in any such 
     proceeding shall continue in effect until modified, 
     terminated, superseded, or revoked by a duly authorized 
     official, by a court of competent jurisdiction, or by 
     operation of law. Nothing in this paragraph shall be 
     considered to prohibit the discontinuance or modification of 
     any such proceeding under the same terms and conditions and 
     to the same extent that the proceeding could have been 
     discontinued or modified if this subtitle had not been 
     enacted.
       (4) Suits.--This subtitle, and the amendments made by this 
     subtitle, shall not affect suits commenced before the date of 
     enactment of this Act, and in all such suits, proceeding 
     shall be had, appeals taken, and judgments rendered in the 
     same manner and with the same effect as if this subtitle, and 
     the amendments made by this subtitle, had not been enacted.

              Subtitle C--Creation of a Spectrum Pipeline

     SEC. __31. CREATION OF A SPECTRUM PIPELINE.

       (a) Definitions.--In this section:
       (1) Affected federal entity.--The term ``affected Federal 
     entity'' means a Federal entity--
       (A) with operations in the band of frequencies described in 
     subsection (b)(1)(A) or with future planned operations in the 
     band of frequencies described in subsection (b)(1)(B); and
       (B) that the Under Secretary determines might be affected 
     by a reallocation, or another action to expand spectrum 
     access, in a band described in subparagraph (A).
       (2) Co-lead.--The term ``co-lead'' means an official who--
       (A) is the head of a Federal entity--
       (i) with operations in the band of frequencies described in 
     subsection (b)(1)(A) or with future planned operations in the 
     band of frequencies described in subsection (b)(1)(B); and
       (ii) that the Under Secretary determines might be affected 
     by a reallocation, or another action to expand spectrum 
     access, in a band of frequencies described in subsection 
     (b)(1); and
       (B) elects to serve as a co-lead of the feasibility 
     assessment required under subsection (b).
       (3) Federal entity.--The term ``Federal entity'' has the 
     meaning given the term in section 113(l) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923(l)).
       (b) Feasibility Assessment.--
       (1) Completion of assessment.--The Secretary of Commerce, 
     acting through the Under Secretary, with the assistance of 
     the co-leads, shall complete a feasibility assessment of 
     making spectrum available for--
       (A) non-Federal use, shared Federal and non-Federal use, or 
     a combination thereof, in the bands of frequencies between 
     7125 and 8400 megahertz, inclusive; and
       (B) shared Federal and non-Federal use in the bands of 
     frequencies between 37000 and 37600 megahertz, inclusive.
       (2) Other requirements.--In conducting the feasibility 
     assessment required under paragraph (1), the Under Secretary, 
     with the assistance of the co-leads, shall--
       (A) coordinate directly with each affected Federal entity 
     with respect to frequencies allocated to, and used by, that 
     affected Federal entity in the bands described in that 
     paragraph and in affected adjacent or near adjacent bands;
       (B) ensure that each affected Federal entity leads that 
     portion of the feasibility assessment that is relevant to 
     individual mission requirements of the affected Federal 
     entity for the systems supported by the incumbent spectrum 
     assignments in an applicable band of frequencies;
       (C) consider dynamic spectrum sharing and, for the bands of 
     frequencies described in paragraph (1)(A), relocation of 
     systems, compression or re-packing of systems, consolidation 
     of systems, and any other re-purposing options the Under 
     Secretary, with the assistance of the co-leads, determines 
     will enable the most efficient and effective use of 
     frequencies considered under that paragraph; and
       (D) comply with the requirements of section 113(j) of the 
     National Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923(j)).
       (3) Assistance from affected federal entities.--Each 
     affected Federal entity shall provide any assistance that the 
     Under Secretary and the co-leads determine necessary in order 
     to carry out the assessment required under this subsection.
       (4) Deadline for completion of assessment.--The Under 
     Secretary and the co-leads shall complete the assessment 
     required under this subsection--
       (A) if affected Federal entities submit requests for 
     funding under subsection (c)(1), not later than 2 years after 
     the date on which all such requests for funding have been 
     approved or denied; and
       (B) if no affected Federal entity submits a request for 
     funding under subsection (c)(1), not later than 850 days 
     after the date of enactment of this Act.
       (c) Funding of Activities to Assist in Conducting 
     Feasibility Assessment.--
       (1) In general.--If an affected Federal entity determines 
     that the affected Federal entity requires funding to conduct 
     activities described in section 118(g) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 928(g)) that are necessary to 
     assist the Under Secretary and the co-leads in carrying out 
     the assessment required under subsection (b), the affected 
     Federal entity shall, not later than 120 days after the date 
     of enactment of this Act, submit a request for payment 
     pursuant to such section 118(g).
       (2) Exemption.--Section 118(g)(2)(D)(ii) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 928(g)(2)(D)(ii)) shall not apply 
     with respect to a payment requested under paragraph (1).
       (d) Report to the Commission and Congress.--
       (1) In general.--Not later than 30 days after the date on 
     which the Under Secretary and the co-leads complete the 
     feasibility assessment required under subsection (b), and 
     subject to the other requirements of this subsection, the 
     Under Secretary shall submit to the Commission and Congress a 
     report regarding that assessment.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) which Federal entities are affected Federal entities 
     and the contributions of those affected Federal entities to 
     the feasibility assessment required under subsection (b);
       (B) the necessary steps to make the bands of frequencies 
     considered under subsection (b)(1)(A) available for non-
     Federal use, shared Federal and non-Federal use, or a 
     combination thereof, including--
       (i) the technical requirements necessary to make those 
     bands of frequencies available for--

       (I) exclusive non-Federal use; and
       (II) shared Federal and non-Federal use; and

       (ii) an estimate of the cost to affected Federal entities 
     to make the bands of frequencies considered under subsection 
     (b)(1)(A) available for--

       (I) exclusive non-Federal use; and
       (II) shared Federal and non-Federal use;

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       (C) the necessary steps to make the bands of frequencies 
     considered under subsection (b)(1)(B) available for shared 
     Federal and non-Federal use, including the technical 
     requirements necessary to make those bands so available and 
     an estimate of the cost to affected Federal entities to make 
     those bands so available;
       (D) an assessment of the likelihood that authorizing mobile 
     or fixed terrestrial operations in any of the frequencies 
     considered under subsection (b)(1)(B) would result in harmful 
     interference to an affected Federal entity; and
       (E) an assessment of the potential impact that authorizing 
     mobile or fixed terrestrial wireless operations, including 
     advanced mobile services operations, in any of the 
     frequencies considered under subsection (b) could have on the 
     mission of an affected Federal entity.
       (3) Public availability.--The Under Secretary shall ensure 
     that all information in the report submitted under this 
     subsection that is permitted to be released to the public is 
     made available on the public website of the National 
     Telecommunications and Information Administration.
       (4) Classified information.--If there is classified 
     material in the report submitted under this subsection, the 
     Under Secretary shall--
       (A) provide the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Energy and 
     Commerce of the House of Representatives, and each other 
     committee of Congress with jurisdiction over affected Federal 
     entities with operations in the applicable bands of 
     frequencies with a briefing on the classified components of 
     that report; and
       (B) transmit at least 1 copy of both the classified report 
     and the classified annexes to the sensitive compartmented 
     information facilities of the Senate and House of 
     Representatives.
       (5) Preparation of report.--Before finalizing the report 
     required under this subsection with respect to the 
     feasibility assessment required under subsection (b), the 
     Under Secretary shall--
       (A) submit the report for review by the Spectrum Advisory 
     Council; and
       (B) resolve any disputes regarding the feasibility 
     assessment through the interagency process described in the 
     national security memorandum of the President entitled 
     ``Memorandum on Renewing the National Security Council 
     System'', issued on February 4, 2021.
       (6) Rule of construction.--Nothing in this subsection may 
     be construed to require the disclosure of classified 
     information, law enforcement sensitive information, or other 
     information reflecting technical, procedural, or policy 
     concerns subject to protection under section 552 of title 5, 
     United States Code.
       (e) Reports on Future Feasibility Assessments.--
       (1) In general.--Not later than 30 days after the date on 
     which the Under Secretary completes any feasibility 
     assessment with respect to bands of electromagnetic spectrum 
     (other than the assessment required under subsection (b)), 
     the Under Secretary shall submit to the Commission and 
     Congress a report regarding that assessment.
       (2) Contents.--Each report required under paragraph (1) 
     shall include, with respect to the applicable feasibility 
     assessment described in that paragraph--
       (A) the Federal entities identified by the Assistant 
     Secretary with equities in the bands with respect to 
     frequencies allocated to, and used by, those Federal entities 
     and the contributions of those Federal entities to that 
     feasibility assessment;
       (B) the necessary steps to make the bands of frequencies 
     considered under that feasibility assessment available for 
     non-Federal use, shared Federal and non-Federal use, or a 
     combination thereof, including--
       (i) the technical requirements necessary to make bands in 
     the frequencies considered under that feasibility assessment 
     available for--

       (I) exclusive non-Federal use; and
       (II) shared Federal and non-Federal use; and

       (ii) an estimate of the cost to Federal entities affected 
     by making bands in the frequencies considered under that 
     feasibility assessment available for--

       (I) exclusive non-Federal use; and
       (II) shared Federal and non-Federal use;

       (C) an assessment of the likelihood that authorizing mobile 
     or fixed terrestrial operations in any of the frequencies 
     considered under that feasibility assessment would result in 
     harmful interference to a Federal entity; and
       (D) an assessment of the potential impact that authorizing 
     mobile or fixed terrestrial wireless operations, including 
     advanced mobile services operations, in any of the 
     frequencies considered under that feasibility assessment 
     could have on the mission of a Federal entity.
       (3) Public availability.--The Under Secretary shall ensure 
     that all information in a report submitted under this 
     subsection that may be released to the public is made 
     available on the public website of the National 
     Telecommunications and Information Administration.
       (4) Classified information.--If there is classified 
     material in a report submitted under this subsection, the 
     Under Secretary shall--
       (A) provide the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Energy and 
     Commerce of the House of Representatives, and each other 
     committee of Congress with jurisdiction over Federal entities 
     with equities in the applicable bands of frequencies with a 
     briefing on the classified components of that report; and
       (B) transmit at least 1 copy of both the classified report 
     and the classified annexes to the sensitive compartmented 
     information facilities of the Senate and House of 
     Representatives.
       (5) Rule of construction.--Nothing in this subsection may 
     be construed to require the disclosure of classified 
     information, law enforcement sensitive information, or other 
     information reflecting technical, procedural, or policy 
     concerns subject to protection under section 552 of title 5, 
     United States Code.

     SEC. __32. SPECTRUM AUCTIONS.

        Not later than December 30, 2027, the Commission shall 
     complete a system of competitive bidding under section 309(j) 
     of the Communications Act of 1934 (47 U.S.C. 309(j)) to grant 
     new licenses for the band of frequencies between 12700 
     megahertz and 13250 megahertz, inclusive.

             Subtitle D--Extension of FCC Auction Authority

     SEC. __41. EXTENSION OF FCC AUCTION AUTHORITY.

       Section 309(j)(11) of the Communications Act of 1934 (47 
     U.S.C. 309(j)(11)) is amended by striking ``March 9, 2023'' 
     and inserting ``September 30, 2029''.

                   Subtitle E--Workforce Development

              CHAPTER 1--IMPROVING MINORITY PARTICIPATION

     SEC. __51. SHORT TITLE.

       This chapter may be cited as the ``Improving Minority 
     Participation And Careers in Telecommunications Act'' or the 
     ``IMPACT Act''.

     SEC. __52. DEFINITIONS.

       (a) Definitions.--In this chapter:
       (1) Covered grant.--The term ``covered grant'' means a 
     grant awarded under section __53.
       (2) Eligible entity.--The term ``eligible entity'' means a 
     historically Black college or university, a Tribal College or 
     University, or any other minority-serving institution, or a 
     consortium of those entities, that forms a partnership with 1 
     or more of the following entities to carry out a training 
     program:
       (A) A member of the telecommunications industry, such as a 
     company or industry association.
       (B) A labor or labor-management organization with 
     experience working in the telecommunications industry, the 
     electromagnetic spectrum industry, or a similar industry.
       (C) The Telecommunications Industry Registered 
     Apprenticeship Program.
       (D) A nonprofit organization dedicated to helping 
     individuals gain employment in the telecommunications or 
     electromagnetic spectrum industry.
       (E) A community or technical college with experience in 
     providing workforce development for individuals seeking 
     employment in the telecommunications industry, 
     electromagnetic spectrum industry, or a similar industry.
       (F) A Federal agency laboratory specializing in 
     telecommunications or electromagnetic spectrum technology 
     that is located within the National Telecommunications and 
     Information Administration.
       (3) Grant program.--The term ``Grant Program'' means the 
     Telecommunications Workforce Training Grant Program 
     established under section __53.
       (4) Hispanic-serving institution.--The term ``Hispanic-
     serving institution'' has the meaning given the term in 
     section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1101a(a)).
       (5) Historically black college or university.--The term 
     ``historically Black college or university'' has the meaning 
     given the term ``part B institution'' in section 322 of the 
     Higher Education Act of 1965 (20 U.S.C. 1061).
       (6) Improper payment.--The term ``improper payment'' has 
     the meaning given the term in section 2(d) of the Improper 
     Payments Information Act of 2002 (Public Law 107-300; 116 
     Stat. 2351).
       (7) Industry field activity.--The term ``industry field 
     activity'' means an activity at an active telecommunications, 
     cable, or broadband network worksite, such as a tower, 
     construction site, or network management hub.
       (8) Industry partner.--The term ``industry partner'' means 
     an entity described in any of subparagraphs (A) through (F) 
     of paragraph (2) with which an eligible entity forms a 
     partnership to carry out a training program.
       (9) Minority-serving institution.--The term ``minority-
     serving institution'' means an eligible institution described 
     in section 371(a) of the Higher Education Act of 1965 (20 
     U.S.C. 1067q(a)).
       (10) Registered apprenticeship program.--The term 
     ``registered apprenticeship program'' means an apprenticeship 
     registered under the Act of August 16, 1937 (commonly known 
     as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 
     663).
       (11) Training program.--The term ``training program'' means 
     a credit or non-credit program developed by an eligible 
     entity, in partnership with an industry partner, that--
       (A) is designed to educate and train students to 
     participate in the telecommunications or electromagnetic 
     spectrum workforce; and

[[Page S3544]]

       (B) includes a curriculum and apprenticeship or internship 
     opportunity that can also be paired with--
       (i) a degree program; or
       (ii) stacked credentialing toward a degree.
       (12) Tribal college or university.--The term ``Tribal 
     College or University'' has the meaning given the term in 
     section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b)).

     SEC. __53. PROGRAM.

       (a) Program.--The Under Secretary, acting through the 
     Director of the Office of Minority Broadband Initiatives 
     established under section 902(b)(1) of division N of the 
     Consolidated Appropriations Act, 2021 (47 U.S.C. 1306), shall 
     establish a program, to be known as the ``Telecommunications 
     Workforce Training Grant Program'', under which the Under 
     Secretary shall award grants to eligible entities to develop 
     training programs.
       (b) Application.--
       (1) In general.--An eligible entity desiring a covered 
     grant shall submit to the Under Secretary an application at 
     such time, in such manner, and containing such information as 
     the Under Secretary may require.
       (2) Contents.--An eligible entity shall include in an 
     application submitted under paragraph (1)--
       (A) a commitment from the industry partner of the eligible 
     entity to collaborate with the eligible entity to develop a 
     training program, including curricula and internships or 
     apprenticeships;
       (B) a description of how the eligible entity plans to use 
     the covered grant funds, including the type of training 
     program the eligible entity plans to develop;
       (C) a plan for recruitment of students and potential 
     students to participate in the applicable training program;
       (D) a plan to increase female student participation in the 
     applicable training program;
       (E) a description of potential jobs to be secured through 
     the applicable training program, including jobs in the 
     communities surrounding the eligible entity; and
       (F) a description of how the eligible entity will meet the 
     short-term and long-term goals established under subsection 
     (e)(2) and performance metrics established under that 
     subsection.
       (c) Use of Funds.--An eligible entity may use covered grant 
     funds, with respect to the training program of the eligible 
     entity, to--
       (1) hire faculty members to teach courses in the applicable 
     training program;
       (2) train faculty members to prepare students for 
     employment in jobs related to the deployment of next-
     generation wired and wireless communications networks, 
     including 5G networks, hybrid fiber-coaxial networks, and 
     fiber infrastructure, particularly in--
       (A) broadband, electromagnetic spectrum, or wireless 
     network engineering;
       (B) network deployment and maintenance; and
       (C) industry field activities;
       (3) design and develop curricula and other components 
     necessary for degrees, courses, or programs of study, 
     including certificate programs and credentialing programs, 
     that comprise the training program;
       (4) pay for costs associated with instruction under the 
     training program, including the costs of equipment, 
     telecommunications training towers, laboratory space, 
     classroom space, and instructional field activities;
       (5) fund scholarships, student internships, 
     apprenticeships, and pre-apprenticeship opportunities in the 
     areas described in paragraph (2);
       (6) recruit students for the training program; and
       (7) support the enrollment in the training program of 
     individuals working in the telecommunications or 
     electromagnetic spectrum industry in order for those 
     individuals to advance professionally in the industry.
       (d) Grant Awards.--
       (1) Deadline.--Not later than 2 years after the date on 
     which amounts are made available to carry out this section, 
     the Under Secretary shall award all covered grants.
       (2) Minimum allocation to certain entities.--Of the total 
     amount of covered grants made under this section, the Under 
     Secretary shall award not less than--
       (A) 20 percent of covered grant amounts to eligible 
     entities that include historically Black colleges or 
     universities;
       (B) 20 percent of covered grant amounts to eligible 
     entities that include Tribal Colleges or Universities; and
       (C) 20 percent of covered grant amounts to eligible 
     entities that include Hispanic-serving institutions.
       (3) Coordination.--The Under Secretary shall ensure that 
     covered grant amounts awarded under paragraph (2) are 
     coordinated with grant amounts provided under section 902 of 
     division N of the Consolidated Appropriations Act, 2021 (47 
     U.S.C. 1306).
       (4) Construction.--In awarding covered grants for education 
     relating to construction, the Under Secretary may prioritize 
     applications that partner with registered apprenticeship 
     programs, industry-led apprenticeship programs, pre-
     apprenticeship programs, other work-based learning 
     opportunities, or public 2-year community or technical 
     colleges that have a written agreement with 1 or more 
     registered apprenticeship programs, industry-led 
     apprenticeship programs, pre-apprenticeship programs, or 
     other work-based learning opportunities.
       (e) Rules.--
       (1) Issuance.--Not later than 180 days after the date of 
     enactment of this Act, after providing public notice and an 
     opportunity to comment, the Under Secretary, in consultation 
     with the Secretary of Labor and the Secretary of Education, 
     shall issue final rules governing the Grant Program.
       (2) Content of rules.--In the rules issued under paragraph 
     (1), the Under Secretary shall--
       (A) establish short term and long-term goals for an 
     eligible entity that receives a covered grant;
       (B) establish performance metrics that demonstrate whether 
     the goals described in paragraph (1) have been met by an 
     eligible entity;
       (C) identify the steps the Under Secretary will take to 
     award covered grants through the Grant Program if the demand 
     for covered grants exceeds the amount appropriated to carry 
     out the Grant Program; and
       (D) develop criteria for evaluating applications for 
     covered grants.
       (f) Term.--The Under Secretary shall establish the term of 
     a covered grant, which may not be less than 5 years.
       (g) Grantee Reports.--During the term of a covered grant 
     received by an eligible entity, the eligible entity shall 
     submit to the Under Secretary a semiannual report that, with 
     respect to the preceding 180-day period--
       (1) describes how the eligible entity used the covered 
     grant amounts;
       (2) describes the progress the eligible entity made in 
     developing and executing the applicable training program;
       (3) describes the number of faculty and students 
     participating in the applicable training program;
       (4) describes the partnership with the industry partner of 
     the eligible entity, including--
       (A) the commitments and in-kind contributions made by the 
     industry partner; and
       (B) the role of the industry partner in curriculum 
     development, the degree program, and internships and 
     apprenticeships;
       (5) includes data on internship, apprenticeship, and 
     employment opportunities and placements; and
       (6) provides information determined necessary by Under 
     Secretary to--
       (A) measure progress toward the goals established under 
     subsection (e)(2)(A); and
       (B) assess whether the goals described in subparagraph (A) 
     are being met.
       (h) Oversight.--
       (1) Audits.--The Inspector General of the Department of 
     Commerce shall audit the Grant Program in order to--
       (A) ensure that eligible entities use covered grant amounts 
     in accordance with the requirements of this section, 
     including the purposes for which covered grants may be used, 
     as described in subsection (c); and
       (B) prevent waste, fraud, abuse, and improper payments in 
     the operation of the Grant Program.
       (2) Revocation of funds.--The Under Secretary shall revoke 
     a covered grant awarded to an eligible entity if the eligible 
     entity is not in compliance with the requirements of this 
     section, including if the eligible entity uses the grant for 
     a purpose that is not in compliance with subsection (c).
       (3) Audit findings.--Any finding by the Inspector General 
     of the Department of Commerce under paragraph (1) of waste, 
     fraud, or abuse in the Grant Program, or that an improper 
     payment has been made with respect to the Grant Program, 
     shall identify the following:
       (A) Any entity within the eligible entity that committed 
     the applicable act.
       (B) The amount of funding made available from the Grant 
     Program to the eligible entity.
       (C) The amount of funding determined to be an improper 
     payment to an eligible entity, if applicable.
       (4) Notification of audit findings.--Not later than 7 days 
     after making a finding under paragraph (1) of waste, fraud, 
     or abuse in the Grant Program, or that an improper payment 
     has been made with respect to the Grant Program, the 
     Inspector General of the Department of Commerce shall 
     concurrently notify the Under Secretary, the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committee on Energy and Commerce of the House of 
     Representatives of that finding, which shall include the 
     information identified under paragraph (3) with respect to 
     the finding.
       (5) Fraud risk management.--The Under Secretary shall, with 
     respect to the Grant Program--
       (A) designate an entity within the Office of Minority 
     Broadband Initiatives to lead fraud risk management 
     activities;
       (B) ensure that the entity designated under subparagraph 
     (A) has defined responsibilities and the necessary authority 
     to serve the role of the entity;
       (C) conduct risk-based monitoring and evaluation of fraud 
     risk management activities with a focus on outcome 
     measurement;
       (D) collect and analyze data from reporting mechanisms and 
     instances of detected fraud for real-time monitoring of fraud 
     trends;
       (E) use the results of the monitoring, evaluations, and 
     investigations to improve fraud prevention, detection, and 
     response;
       (F) plan regular fraud risk assessments and assess risks to 
     determine a fraud risk profile;
       (G) develop, document, and communicate an antifraud 
     strategy, focusing on preventative control activities;

[[Page S3545]]

       (H) consider the benefits and costs of controls to prevent 
     and detect potential fraud and develop a fraud response plan; 
     and
       (I) establish collaborative relationships with stakeholders 
     and create incentives to help ensure effective implementation 
     of the antifraud strategy.
       (i) Annual Report to Congress.--Until the year in which all 
     covered grants have expired, the Under Secretary shall submit 
     to Congress an annual report that, for the year covered by 
     the report--
       (1) identifies each eligible entity that received a covered 
     grant and the amount of the covered grant;
       (2) describes the progress each eligible entity described 
     in paragraph (1) has made toward accomplishing the overall 
     purpose of the Grant Program, as described in subsection (c);
       (3) summarizes the job placement status or apprenticeship 
     opportunities of students who have participated in each 
     training program;
       (4) includes the findings of any audits conducted by the 
     Inspector General of the Department of Commerce under 
     subsection (h)(1) that were not included in the previous 
     report submitted under this subsection; and
       (5) includes information on--
       (A) the progress of each eligibly entity towards the short-
     term and long-term goals established under subsection 
     (e)(2)(A); and
       (B) the performance of each eligible entity with respect to 
     the performance metrics described in subsection (e)(2)(B).

              CHAPTER 2--NATIONAL SPECTRUM WORKFORCE PLAN

     SEC. __55. NATIONAL SPECTRUM WORKFORCE PLAN.

       (a) National Spectrum Workforce Plan.--Not later than 1 
     year after the date of enactment of this Act, the Under 
     Secretary, in coordination with the Executive Office of the 
     President, and in consultation with the heads of the member 
     agencies of the Spectrum Advisory Council and the 
     stakeholders described in subsection (b), shall develop a 
     National Spectrum Workforce Plan to--
       (1) understand the spectrum workforce development needs for 
     the United States;
       (2) prioritize the development of, and enhancement to, the 
     spectrum ecosystem workforce, including the operational, 
     technical, and policy positions involved in spectrum-related 
     activities; and
       (3) consider strategies and methods to encourage the 
     development of spectrum engineering training programs, work-
     study programs, and trade school certification programs to 
     strengthen the spectrum workforce ecosystem.
       (b) Stakeholder Engagement.--The Under Secretary, in 
     coordination with the Executive Office of the President, 
     shall use the collaborative framework established under 
     section __11(d) to collect input from stakeholders, including 
     academia, Federal agencies, Tribal Nations, and industry, to 
     identify the education and training programs necessary to 
     equip the existing workforce, and prepare the future 
     workforce, to meet the evolving spectrum-related workforce 
     demands.
       (c) Updates.--Not later than 3 years after the date of 
     enactment of this Act, and once every 4 years thereafter (or 
     more frequently, as appropriate, as determined by the Under 
     Secretary), the Under Secretary, in coordination with the 
     Executive Office of the President, shall update the National 
     Spectrum Workforce Plan developed under subsection (a).
       (d) Report to Congress.--The Under Secretary shall submit 
     to Congress the National Spectrum Workforce Plan established 
     subsection (a) and any updates to that Plan made under 
     subsection (c).

                Subtitle F--Spectrum Auction Trust Fund

     SEC. __61. DEFINITION.

       In this subtitle, the term ``covered auction'' means a 
     system of competitive bidding--
       (1) conducted under section 309(j) of the Communications 
     Act of 1934 (47 U.S.C. 309(j)), as amended by this title, 
     that commences during the period beginning on March 9, 2023, 
     and ending on September 30, 2029;
       (2) conducted under section 309(j) of the Communications 
     Act of 1934 (47 U.S.C. 309(j)), as amended by this title, for 
     the band of frequencies between 12700 megahertz and 13250 
     megahertz, inclusive, on or after the date of enactment of 
     this Act;
       (3) that involves a band of frequencies described in 
     section 113(g)(2) of the National Telecommunications and 
     Information Administration Organization Act (47 U.S.C. 
     923(g)(2)) and is conducted on or after the date of enactment 
     of this Act; or
       (4) with respect to which the Commission shares with a 
     licensee a portion of the proceeds, as described in paragraph 
     (8)(G) of section 309(j) of the Communications Act of 1934 
     (47 U.S.C. 309(j)), as amended by this title, and that is 
     conducted on or after the date of enactment of this Act.

     SEC. __62. SPECTRUM AUCTION TRUST FUND.

       (a) Establishment.--
       (1) In general.--There is established in the Treasury of 
     the United States a fund to be known as the ``Spectrum 
     Auction Trust Fund'' (referred to in this section as the 
     ``Fund'') for the purposes described in subparagraphs (A) 
     through (J) of subsection (c)(1).
       (2) Amounts available until expended.--Amounts deposited in 
     the Fund shall remain available until expended.
       (b) Deposit of Proceeds.--
       (1) In general.--Notwithstanding any other provision of 
     law, except section 309(j)(8)(B) of the Communications Act of 
     1934 (47 U.S.C. 309(j)(8)(B)), the proceeds (including 
     deposits and upfront payments from successful bidders) from 
     any covered auction shall be deposited or available as 
     follows:
       (A) With respect to a covered auction described in 
     paragraph (3) or (4) of section __61, the proceeds of the 
     covered auction shall be deposited or available as follows:
       (i) With respect to a covered auction described in section 
     __61(3)--

       (I) such amount of those proceeds as is necessary to cover 
     110 percent of the relocation or sharing costs (as defined in 
     subsection (g)(3) of section 113 of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923)) of Federal entities (as 
     defined in subsection (l) of such section 113) relocated from 
     or sharing such eligible frequencies shall be deposited in 
     the Spectrum Relocation Fund established under section 118 of 
     such Act (47 U.S.C. 928); and
       (II) any remaining proceeds after making the deposit 
     described in subclause (I) shall be deposited in accordance 
     with subsection (c).

       (ii) With respect to a covered auction described in section 
     __61(4)--

       (I) such amount of those proceeds as the Commission has 
     agreed to share with licensees under section 309(j)(8)(G) of 
     the Communications Act of 1934 (47 U.S.C. 309(j)(8)(G)) shall 
     be shared with those licensees; and
       (II) any remaining proceeds after sharing proceeds, as 
     described in subclause (I), shall be deposited in accordance 
     with subsection (c).

       (B) After carrying out subparagraph (A) (if that 
     subparagraph is applicable to the covered auction), 
     $2,000,000,000 of the proceeds of the covered auction shall 
     be deposited in the general fund of the Treasury, where those 
     proceeds shall be dedicated for the sole purpose of deficit 
     reduction.
       (C) Any proceeds of the covered auction that remain after 
     carrying out subparagraphs (A) and (B) shall be deposited in 
     accordance with subsection (c).
       (2) Proceeds of spectrum pipeline act of 2015 auction.--
     Except as provided in section 309(j)(8)(B) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)), and 
     notwithstanding any other provision of law (including 
     paragraph (1)), the proceeds of the system of competitive 
     bidding required under section 1004 of the Spectrum Pipeline 
     Act of 2015 (47 U.S.C. 921 note) shall be deposited or 
     available as follows:
       (A) If that system of competitive bidding is a covered 
     auction described in paragraph (3) or (4) of section __61, 
     the proceeds of the system of competitive bidding shall be 
     deposited or available as follows:
       (i) With respect to a covered auction described in section 
     __61(3), such amount of those proceeds as is necessary to 
     cover 110 percent of the relocation or sharing costs (as 
     defined in subsection (g)(3) of section 113 of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923)) of Federal entities (as 
     defined in subsection (l) of such section 113) relocated from 
     or sharing such eligible frequencies shall be deposited in 
     the Spectrum Relocation Fund established under section 118 of 
     such Act (47 U.S.C. 928).
       (ii) With respect to a covered auction described in section 
     __61(4), such amount of those proceeds as the Commission has 
     agreed to share with licensees under section 309(j)(8)(G) of 
     the Communications Act of 1934 (47 U.S.C. 309(j)(8)(G)) shall 
     be shared with those licensees.
       (B) After carrying out subparagraph (A) (if that 
     subparagraph is applicable to that system of competitive 
     bidding), $300,000,000 of the proceeds of that system of 
     competitive bidding shall be deposited in the general fund of 
     the Treasury, where those proceeds shall be dedicated for the 
     sole purpose of deficit reduction.
       (C) Any proceeds of that system of competitive bidding that 
     remain after carrying out subparagraphs (A) and (B) shall be 
     deposited in accordance with subsection (c).
       (c) Deposit of Funds.--
       (1) In general.--Notwithstanding any other provision of law 
     (except for subsection (b)), an aggregate total amount of 
     $22,805,000,000 of the proceeds of covered auctions that 
     remain after carrying out that subsection shall be deposited 
     in the Fund as follows:
       (A) 10 percent of those remaining amounts, but not more 
     than $3,080,000,000 cumulatively, shall be transferred to the 
     general fund of the Treasury to reimburse the amount borrowed 
     under subsection (d)(1)(A).
       (B) 10 percent of those remaining amounts, but not more 
     than $7,000,000,000 cumulatively, shall be transferred to the 
     general fund of the Treasury to reimburse the amount borrowed 
     under subsection (d)(1)(B).
       (C) 10 percent of those remaining amounts, but not more 
     than $2,000,000,000 cumulatively, shall be transferred to the 
     general fund of the Treasury to reimburse the amount borrowed 
     under subsection (e)(1)(A).
       (D) 10 percent of those remaining amounts, but not more 
     than $3,000,000,000 cumulatively, shall be transferred to the 
     general fund of the Treasury to reimburse the amount borrowed 
     under subsection (e)(1)(B).
       (E) 10 percent of those remaining amounts, but not more 
     than $3,300,000,000 cumulatively, shall be transferred to the 
     general fund of the Treasury to reimburse the amount borrowed 
     under subsection (e)(1)(C).
       (F) 10 percent of those remaining amounts, but not more 
     than $1,700,000,000 cumulatively, shall be transferred to the 
     general

[[Page S3546]]

     fund of the Treasury to reimburse the amount borrowed under 
     subsection (e)(1)(D).
       (G) 10 percent of those remaining amounts, but not more 
     than $200,000,000 cumulatively, shall be transferred to the 
     general fund of the Treasury to reimburse the amount borrowed 
     under subsection (f).
       (H) 10 percent of those remaining amounts, but not more 
     than $2,000,000,000 cumulatively, shall be made available to 
     the Under Secretary, to remain available until expended, to 
     carry out sections 159, 160, and 161 of the National 
     Telecommunications and Information Administration 
     Organization Act, as added by section __81 of this title, 
     except that not more than 4 percent of the amount made 
     available under this subparagraph may be used for 
     administrative purposes (including carrying out such sections 
     160 and 161).
       (I) 10 percent of those remaining amounts, but not more 
     than $500,000,000 cumulatively, shall be made available to 
     the Under Secretary to carry out the Telecommunications 
     Workforce Training Grant Program established under section 
     __53.
       (J) 10 percent of those remaining amounts, but not more 
     than $25,000,000 cumulatively, shall be made available to the 
     Under Secretary and the Secretary of Defense for the purpose 
     of research and development, engineering studies, economic 
     analyses, activities with respect to systems, or other 
     planning activities to improve efficiency and effectiveness 
     of spectrum use of the Department of Defense.
       (2) Distribution.--If the maximum amount permitted under 
     any subparagraph of paragraph (1) is reached, whether through 
     covered auction proceeds or appropriations to the program 
     specified in that subparagraph, any remaining proceeds from 
     the amount of proceeds of covered auctions described in that 
     paragraph shall be deposited pro rata based on the original 
     distribution to all subparagraphs of paragraph (1) for which 
     the maximum amount permitted has not been met.
       (3) Deficit reduction.--After the amounts required to be 
     made available by paragraphs (1) and (2) are so made 
     available, any remaining amounts shall be deposited in the 
     general fund of the Treasury, where such amounts shall be 
     dedicated for the sole purpose of deficit reduction.
       (d) FCC Borrowing Authority.--
       (1) In general.--Subject to the limitation under paragraph 
     (2), not later than 90 days after the date of enactment of 
     this Act, the Commission may borrow from the Treasury of the 
     United States an amount not to exceed--
       (A) $3,080,000,000 to carry out the Secure and Trusted 
     Communications Networks Act of 2019 (47 U.S.C. 1601 et seq.); 
     and
       (B) $7,000,000,000 to carry out section 904 of division N 
     of the Consolidated Appropriations Act, 2021 (47 U.S.C. 
     1752).
       (2) Limitation.--The Commission may not use any funds 
     borrowed under this subsection in a manner that may result in 
     outlays on or after December 31, 2033.
       (e) Department of Commerce Borrowing Authority.--
       (1) In general.--Subject to the limitation under paragraph 
     (2), not later than 90 days after the date of enactment of 
     this Act, the Secretary of Commerce may borrow from the 
     Treasury of the United States an amount not to exceed--
       (A) $2,000,000,000 to carry out section 28 of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3722a);
       (B) $3,000,000,000 for the fund established under section 
     102(a) of the CHIPS Act of 2022 (Public Law 117-167), which 
     shall be used to carry out section 9902 of the William M. 
     (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021 (15 U.S.C. 4652);
       (C) $3,300,000,000 to be made available to the Director of 
     the National Science Foundation to carry out research and 
     related activities, of which--
       (i) $1,650,000,000 shall be for the Directorate for 
     Technology, Innovation, and Partnerships established under 
     section 10381 of the Research and Development, Competition, 
     and Innovation Act (42 U.S.C. 19101); and
       (ii) $1,650,000,000 shall be used to carry out other 
     research and related activities for which amounts are 
     authorized to be appropriated under section 10303 of the 
     Research and Development, Competition, and Innovation Act 
     (Public Law 117-167); and
       (D) $1,700,000,000 to be made available to the Under 
     Secretary of Commerce for Standards and Technology, of 
     which--
       (i) $1,475,000,000 shall be used to carry out scientific 
     and technical research and services laboratory activities for 
     which amounts are authorized to be appropriated under section 
     10211 of the Research and Development, Competition, and 
     Innovation Act (Public Law 117-167); and
       (ii) $225,000,000 shall be used for Safety, Capacity, 
     Maintenance, and Major Repairs for which amounts are 
     authorized to be appropriated under section 10211 of the 
     Research and Development, Competition, and Innovation Act 
     (Public Law 117-167).
       (2) Limitation.--The Secretary of Commerce may not use any 
     funds borrowed under this subsection in a manner that may 
     result in outlays on or after December 31, 2033.
       (f) NTIA Borrowing Authority.--
       (1) In general.--Subject to the limitation under paragraph 
     (2), not later than 90 days after the date of enactment of 
     this Act, the Under Secretary may borrow from the Treasury of 
     the United States an amount not to exceed $200,000,000 to 
     carry out the program established under section __92.
       (2) Limitation.--The Under Secretary may not use any funds 
     borrowed under this subsection in a manner that may result in 
     outlays on or after December 31, 2033.
       (g) Reporting Requirement.--Not later than 2 years after 
     the date of enactment of this Act, and annually thereafter 
     until funds are fully expended, the heads of the agencies to 
     which funds are made available under each subparagraph of 
     subsection (c)(1) shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report on the amount transferred or made available under the 
     applicable subparagraph.

 Subtitle G--Secure and Trusted Communications Networks Reimbursement 
                                Program

     SEC. __71. INCREASE IN LIMITATION ON EXPENDITURE.

       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''.

                   Subtitle H--Next Generation 9-1-1

     SEC. __81. FURTHER DEPLOYMENT AND COORDINATION OF NEXT 
                   GENERATION 9-1-1.

       Part C of the National Telecommunications and Information 
     Administration Organization Act is amended by adding at the 
     end the following:

     ``SEC. 159. COORDINATION OF NEXT GENERATION 9-1-1 
                   IMPLEMENTATION.

       ``(a) Duties of Under Secretary With Respect to Next 
     Generation 9-1-1.--
       ``(1) In general.--The Under Secretary, after consulting 
     with the Administrator, shall--
       ``(A) take actions, in coordination with State points of 
     contact described in subsection (c)(3)(A)(ii) as applicable, 
     to improve coordination and communication with respect to the 
     implementation of Next Generation 9-1-1;
       ``(B) develop, collect, and disseminate information 
     concerning the practices, procedures, and technology used in 
     the implementation of Next Generation 9-1-1;
       ``(C) advise and assist eligible entities in the 
     preparation of implementation plans required under subsection 
     (c)(3)(A)(iii);
       ``(D) provide technical assistance to eligible entities 
     provided a grant under subsection (c) in support of efforts 
     to explore efficiencies related to Next Generation 9-1-1;
       ``(E) review and approve or disapprove applications for 
     grants under subsection (c); and
       ``(F) oversee the use of funds provided by such grants in 
     fulfilling such implementation plans.
       ``(2) Annual reports.--Not later than October 1, 2025, and 
     each year thereafter until funds made available to make 
     grants under subsection (c) are no longer available to be 
     expended, the Under Secretary shall submit to Congress a 
     report on the activities conducted by the Under Secretary 
     under paragraph (1) in the year preceding the submission of 
     the report.
       ``(3) Assistance.--The Under Secretary may seek the 
     assistance of the Administrator in carrying out the duties 
     described in subparagraphs (A) through (D) of paragraph (1) 
     as the Under Secretary determines necessary.
       ``(b) Additional Duties.--
       ``(1) Management plan.--
       ``(A) Development.--The Under Secretary, after consulting 
     with the Administrator, shall develop a management plan for 
     the grant program established under this section, including 
     by developing--
       ``(i) plans related to the organizational structure of the 
     grant program; and
       ``(ii) funding profiles for each fiscal year of the 
     duration of the grant program.
       ``(B) Submission to congress.--Not later than 180 days 
     after the date of enactment of this section, the Under 
     Secretary shall--
       ``(i) submit the management plan developed under 
     subparagraph (A) to--

       ``(I) the Committee on Commerce, Science, and 
     Transportation and the Committee on Appropriations of the 
     Senate; and
       ``(II) the Committee on Energy and Commerce and the 
     Committee on Appropriations of the House of Representatives;

       ``(ii) publish the management plan on the website of the 
     National Telecommunications and Information Administration; 
     and
       ``(iii) provide the management plan to the Administrator 
     for the purpose of publishing the management plan on the 
     website of the National Highway Traffic Safety 
     Administration.
       ``(2) Modification of plan.--
       ``(A) Modification.--The Under Secretary, after consulting 
     with the Administrator, may modify the management plan 
     developed under paragraph (1)(A).
       ``(B) Submission.--Not later than 90 days after the plan is 
     modified under subparagraph (A), the Under Secretary shall--
       ``(i) submit the modified plan to--

       ``(I) the Committee on Commerce, Science, and 
     Transportation and the Committee on Appropriations of the 
     Senate; and
       ``(II) the Committee on Energy and Commerce and the 
     Committee on Appropriations of the House of Representatives;

       ``(ii) publish the modified plan on the website of the 
     National Telecommunications and Information Administration; 
     and
       ``(iii) provide the modified plan to the Administrator for 
     the purpose of publishing the modified plan on the website of 
     the National Highway Traffic and Safety Administration.

[[Page S3547]]

       ``(c) Next Generation 9-1-1 Implementation Grants.--
       ``(1) Grants.--The Under Secretary shall provide grants to 
     eligible entities for--
       ``(A) implementing Next Generation 9-1-1;
       ``(B) maintaining Next Generation 9-1-1;
       ``(C) training directly related to implementing, 
     maintaining, and operating Next Generation 9-1-1 if the cost 
     related to the training does not exceed--
       ``(i) 3 percent of the total grant award for eligible 
     entities that are not Tribes; and
       ``(ii) 5 percent of the total grant award for eligible 
     entities that are Tribes;
       ``(D) public outreach and education on how the public can 
     best use Next Generation 9-1-1 and the capabilities and 
     usefulness of Next Generation 9-1-1;
       ``(E) administrative costs associated with planning of Next 
     Generation 9-1-1, including any cost related to planning for 
     and preparing an application and related materials as 
     required by this subsection, if--
       ``(i) the cost is fully documented in materials submitted 
     to the Under Secretary; and
       ``(ii) the cost is reasonable and necessary and does not 
     exceed--

       ``(I) 1 percent of the total grant award for eligible 
     entities that are not Tribes; and
       ``(II) 2 percent of the total grant award for eligible 
     entities that are Tribes; and

       ``(F) costs associated with implementing cybersecurity 
     measures at emergency communications centers or with respect 
     to Next Generation 9-1-1.
       ``(2) Application.--In providing grants under paragraph 
     (1), the Under Secretary, after consulting with the 
     Administrator, shall require an eligible entity to submit to 
     the Under Secretary an application, at the time and in the 
     manner determined by the Under Secretary, containing the 
     certification required by paragraph (3).
       ``(3) Coordination required.--An eligible entity shall 
     include in the application required by paragraph (2) a 
     certification that--
       ``(A) in the case of an eligible entity that is a State, 
     the entity--
       ``(i) has coordinated the application with the emergency 
     communications centers located within the jurisdiction of the 
     entity;
       ``(ii) has designated a single officer or governmental body 
     to serve as the State point of contact to coordinate the 
     implementation of Next Generation 9-1-1 for the State, except 
     that the designation need not vest the officer or 
     governmental body with direct legal authority to implement 
     Next Generation 9-1-1 or to manage emergency communications 
     operations; and
       ``(iii) has developed and submitted a plan for the 
     coordination and implementation of Next Generation 9-1-1 
     that--

       ``(I) ensures interoperability by requiring the use of 
     commonly accepted standards;
       ``(II) ensures reliability;
       ``(III) enables emergency communications centers to 
     process, analyze, and store multimedia, data, and other 
     information;
       ``(IV) incorporates cybersecurity tools, including 
     intrusion detection and prevention measures;
       ``(V) includes strategies for coordinating cybersecurity 
     information sharing between Federal, State, Tribal, and local 
     government partners;
       ``(VI) uses open and competitive request for proposal 
     processes, including through shared government procurement 
     vehicles, for deployment of Next Generation 9-1-1;
       ``(VII) documents how input was received and accounted for 
     from relevant rural and urban emergency communications 
     centers, regional authorities, local authorities, and Tribal 
     authorities;
       ``(VIII) includes a governance body or bodies, either by 
     creation of new, or use of existing, body or bodies, for the 
     development and deployment of Next Generation 9-1-1 that--

       ``(aa) ensures full notice and opportunity for 
     participation by relevant stakeholders; and
       ``(bb) consults and coordinates with the State point of 
     contact required by clause (ii);

       ``(IX) creates efficiencies related to Next Generation 9-1-
     1 functions, including cybersecurity and the virtualization 
     and sharing of infrastructure, equipment, and services; and
       ``(X) utilizes an effective, competitive approach to 
     establishing authentication, credentialing, secure 
     connections, and access in deploying Next Generation 9-1-1, 
     including by--

       ``(aa) requiring certificate authorities to be capable of 
     cross-certification with other authorities;
       ``(bb) avoiding risk of a single point of failure or 
     vulnerability; and
       ``(cc) adhering to Federal agency best practices such as 
     those promulgated by the National Institute of Standards and 
     Technology; and
       ``(B) in the case of an eligible entity that is a Tribe, 
     the entity has complied with clauses (i) and (iii) of 
     subparagraph (A) (except for subclause (VIII)(bb) of such 
     clause (iii)).
       ``(4) Criteria.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this section, the Under Secretary, after 
     consulting with the Administrator, shall issue rules, after 
     providing the public with notice and an opportunity to 
     comment, establishing the criteria for selecting eligible 
     entities for grants under this subsection.
       ``(B) Requirements.--The criteria established under 
     subparagraph (A) shall--
       ``(i) include performance requirements and a schedule for 
     completion of any project to be financed by a grant under 
     this subsection; and
       ``(ii) specifically permit regional or multi-State 
     applications for funds.
       ``(C) Updates.--The Under Secretary shall update the rules 
     issued under subparagraph (A) as necessary.
       ``(5) Grant certifications.--An eligible entity shall 
     certify to the Under Secretary at the time of application for 
     a grant under this subsection, and an eligible entity that 
     receives such a grant shall certify to the Under Secretary 
     annually thereafter during the period during which the funds 
     from the grant are available to the eligible entity, that--
       ``(A) beginning on the date that is 180 days before the 
     date on which the application is filed, no portion of any 9-
     1-1 fee or charge imposed by the eligible entity (or if the 
     eligible entity is not a State or Tribe, any State or taxing 
     jurisdiction within which the eligible entity will carry out, 
     or is carrying out, activities using grant funds) is 
     obligated or expended for a purpose or function not 
     designated as acceptable under the rules issued under section 
     6(f)(3) of the Wireless Communications and Public Safety Act 
     of 1999 (47 U.S.C. 615a-1(f)(3)) (as those rules are in 
     effect on the date on which the eligible entity makes the 
     certification);
       ``(B) any funds received by the eligible entity will be 
     used, consistent with paragraph (1), to support the 
     deployment of Next Generation 9-1-1 in a manner that ensures 
     reliability and interoperability by requiring the use of 
     commonly accepted standards;
       ``(C) the eligible entity (or if the eligible entity is not 
     a State or Tribe, any State or taxing jurisdiction within 
     which the eligible entity will carry out or is carrying out 
     activities using grant funds) has established, or has 
     committed to establish not later than 3 years after the date 
     on which the grant funds are distributed to the eligible 
     entity--
       ``(i) a sustainable funding mechanism for Next Generation 
     9-1-1; and
       ``(ii) effective cybersecurity resources for Next 
     Generation 9-1-1;
       ``(D) the eligible entity will promote interoperability 
     between emergency communications centers deploying Next 
     Generation 9-1-1 and emergency response providers, including 
     users of the nationwide public safety broadband network;
       ``(E) the eligible entity has taken or will take steps to 
     coordinate with adjoining States and Tribes to establish and 
     maintain Next Generation 9-1-1; and
       ``(F) the eligible entity has developed a plan for public 
     outreach and education on how the public can best use Next 
     Generation 9-1-1 and on the capabilities and usefulness of 
     Next Generation 9-1-1.
       ``(6) Condition of grant.--An eligible entity shall agree, 
     as a condition of receipt of a grant under this subsection, 
     that if any State or taxing jurisdiction within which the 
     eligible entity will carry out activities using grant funds 
     fails to comply with a certification required under paragraph 
     (5), during the period during which the funds from the grant 
     are available to the eligible entity, all of the funds from 
     the grant shall be returned to the Under Secretary.
       ``(7) Penalty for providing false information.--An eligible 
     entity that knowingly provides false information in a 
     certification under paragraph (5)--
       ``(A) shall not be eligible to receive the grant under this 
     subsection;
       ``(B) shall return any grant awarded under this subsection; 
     and
       ``(C) shall not be eligible to receive any subsequent 
     grants under this subsection.
       ``(8) Prohibition.--Grant funds provided under this 
     subsection may not be used--
       ``(A) to support any activity of the First Responder 
     Network Authority; or
       ``(B) to make any payments to a person who has been, for 
     reasons of national security, prohibited by any entity of the 
     Federal Government from bidding on a contract, participating 
     in an auction, or receiving a grant.
       ``(d) Definitions.--In this section and sections 160 and 
     161:
       ``(1) 9-1-1 fee or charge.--The term `9-1-1 fee or charge' 
     has the meaning given the term in section 6(f)(3)(D) of the 
     Wireless Communications and Public Safety Act of 1999 (47 
     U.S.C. 615a-1(f)(3)(D)).
       ``(2) 9-1-1 request for emergency assistance.--The term `9-
     1-1 request for emergency assistance' means a communication, 
     such as voice, text, picture, multimedia, or any other type 
     of data, that is sent to an emergency communications center 
     for the purpose of requesting emergency assistance.
       ``(3) Administrator.--The term `Administrator' means the 
     Administrator of the National Highway Traffic Safety 
     Administration.
       ``(4) Commonly accepted standards.--The term `commonly 
     accepted standards' means the technical standards followed by 
     the communications industry for network, device, and Internet 
     Protocol connectivity that--
       ``(A) enable interoperability; and
       ``(B) are--
       ``(i) developed and approved by a standards development 
     organization that is accredited by an American standards body 
     (such as the American National Standards Institute) or an 
     equivalent international standards body in a process--

       ``(I) that is open for participation by any person; and
       ``(II) provides for a conflict resolution process;

[[Page S3548]]

       ``(ii) subject to an open comment and input process before 
     being finalized by the standards development organization;
       ``(iii) consensus-based; and
       ``(iv) made publicly available once approved.
       ``(5) Cost related to the training.--The term `cost related 
     to the training' means--
       ``(A) actual wages incurred for travel and attendance, 
     including any necessary overtime pay and backfill wage;
       ``(B) travel expenses;
       ``(C) instructor expenses; or
       ``(D) facility costs and training materials.
       ``(6) Eligible entity.--The term `eligible entity'--
       ``(A) means--
       ``(i) a State or a Tribe; or
       ``(ii) an entity, including a public authority, board, or 
     commission, established by 1 or more entities described in 
     clause (i); and
       ``(B) does not include any entity that has failed to submit 
     the certifications required under subsection (c)(5).
       ``(7) Emergency communications center.--
       ``(A) In general.--The term `emergency communications 
     center' means--
       ``(i) a facility that--

       ``(I) is designated to receive a 9-1-1 request for 
     emergency assistance; and
       ``(II) performs 1 or more of the functions described in 
     subparagraph (B); or

       ``(ii) a public safety answering point, as defined in 
     section 222 of the Communications Act of 1934 (47 U.S.C. 
     222).
       ``(B) Functions described.--The functions described in this 
     subparagraph are the following:
       ``(i) Processing and analyzing 9-1-1 requests for emergency 
     assistance and information and data related to such requests.
       ``(ii) Dispatching appropriate emergency response 
     providers.
       ``(iii) Transferring or exchanging 9-1-1 requests for 
     emergency assistance and information and data related to such 
     requests with 1 or more other emergency communications 
     centers and emergency response providers.
       ``(iv) Analyzing any communications received from emergency 
     response providers.
       ``(v) Supporting incident command functions.
       ``(8) Emergency response provider.--The term `emergency 
     response provider' has the meaning given that term in section 
     2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
       ``(9) First responder network authority.--The term `First 
     Responder Network Authority' means the authority established 
     under 6204 of the Middle Class Tax Relief and Job Creation 
     Act of 2012 (47 U.S.C. 1424).
       ``(10) Interoperability.--The term `interoperability' means 
     the capability of emergency communications centers to receive 
     9-1-1 requests for emergency assistance and information and 
     data related to such requests, such as location information 
     and callback numbers from a person initiating the request, 
     then process and share the 9-1-1 requests for emergency 
     assistance and information and data related to such requests 
     with other emergency communications centers and emergency 
     response providers without the need for proprietary 
     interfaces and regardless of jurisdiction, equipment, device, 
     software, service provider, or other relevant factors.
       ``(11) Nationwide public safety broadband network.--The 
     term `nationwide public safety broadband network' has the 
     meaning given the term in section 6001 of the Middle Class 
     Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401).
       ``(12) Next generation 9-1-1.--The term `Next Generation 9-
     1-1' means an Internet Protocol-based system that--
       ``(A) ensures interoperability;
       ``(B) is secure;
       ``(C) employs commonly accepted standards;
       ``(D) enables emergency communications centers to receive, 
     process, and analyze all types of 9-1-1 requests for 
     emergency assistance;
       ``(E) acquires and integrates additional information useful 
     to handling 9-1-1 requests for emergency assistance; and
       ``(F) supports sharing information related to 9-1-1 
     requests for emergency assistance among emergency 
     communications centers and emergency response providers.
       ``(13) Reliability.--The term `reliability' means the 
     employment of sufficient measures to ensure the ongoing 
     operation of Next Generation 9-1-1, including through the use 
     of geo-diverse, device- and network-agnostic elements that 
     provide more than 1 route between end points with no common 
     points where a single failure at that point would cause all 
     routes to fail.
       ``(14) State.--The term `State' means any State of the 
     United States, the District of Columbia, Puerto Rico, 
     American Samoa, Guam, the United States Virgin Islands, the 
     Northern Mariana Islands, and any other territory or 
     possession of the United States.
       ``(15) Sustainable funding mechanism.--The term 
     `sustainable funding mechanism' means a funding mechanism 
     that provides adequate revenues to cover ongoing expenses, 
     including operations, maintenance, and upgrades.
       ``(16) Tribe.--The term `Tribe' has the meaning given to 
     the term `Indian Tribe' in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5304(e)).

     ``SEC. 160. ESTABLISHMENT OF NATIONWIDE NEXT GENERATION 9-1-1 
                   CYBERSECURITY CENTER.

       ``The Under Secretary, after consulting with the 
     Administrator and the Director of the Cybersecurity and 
     Infrastructure Security Agency of the Department of Homeland 
     Security, shall establish a Next Generation 9-1-1 
     Cybersecurity Center to coordinate with State, local, and 
     regional governments on the sharing of cybersecurity 
     information about, the analysis of cybersecurity threats to, 
     and guidelines for strategies to detect and prevent 
     cybersecurity intrusions relating to Next Generation 9-1-1.

     ``SEC. 161. NEXT GENERATION 9-1-1 ADVISORY BOARD.

       ``(a) Next Generation 9-1-1 Advisory Board.--
       ``(1) Establishment.--The Under Secretary shall establish a 
     Public Safety Next Generation 9-1-1 Advisory Board (in this 
     section referred to as the `Board') to provide 
     recommendations to the Under Secretary--
       ``(A) with respect to carrying out the duties and 
     responsibilities of the Under Secretary in issuing the rules 
     required under section 159(c)(4);
       ``(B) as required by paragraph (7) of this subsection; and
       ``(C) upon request under paragraph (8) of this subsection.
       ``(2) Membership.--
       ``(A) Appointment.--Not later than 150 days after the date 
     of enactment of this section, the Under Secretary shall 
     appoint 16 members to the Board, of which--
       ``(i) 4 members shall represent local law enforcement 
     officials;
       ``(ii) 4 members shall represent fire and rescue officials;
       ``(iii) 4 members shall represent emergency medical service 
     officials; and
       ``(iv) 4 members shall represent 9-1-1 professionals.
       ``(B) Diversity of membership.--Members of the Board shall 
     be representatives of States or Tribes and local governments, 
     chosen to reflect geographic and population density 
     differences, as well as public safety organizations at the 
     national level across the United States.
       ``(C) Expertise.--Each member of the Board shall have 
     specific expertise necessary for developing technical 
     requirements under this section, such as technical expertise, 
     and expertise related to public safety communications and 9-
     1-1 services.
       ``(D) Rank and file members.--In making the appointments 
     under subparagraph (A), the Under Secretary shall appoint a 
     rank and file member from each of the public safety 
     disciplines listed in clauses (i) through (iv) of that 
     subparagraph as a member of the Board and shall select the 
     member from an organization that represents its public safety 
     discipline at the national level.
       ``(3) Period of appointment.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a member of the Board shall serve for a 3-year term.
       ``(B) Removal for cause.--A member of the Board may be 
     removed for cause upon the determination of the Under 
     Secretary.
       ``(4) Vacancies.--A vacancy in the Board shall be filled in 
     the same manner as the original appointment.
       ``(5) Quorum.--A majority of the members of the Board shall 
     constitute a quorum.
       ``(6) Chairperson and vice chairperson.--The Board shall 
     select a Chairperson and Vice Chairperson from among the 
     members of the Board.
       ``(7) Duty of board to submit recommendations.--Not later 
     than 120 days after all members of the Board are appointed 
     under paragraph (2), the Board shall submit to the Under 
     Secretary recommendations for--
       ``(A) deploying Next Generation 9-1-1 in rural and urban 
     areas;
       ``(B) ensuring flexibility in guidance, rules, and grant 
     funding to allow for technology improvements;
       ``(C) creating efficiencies related to Next Generation 9-1-
     1, including cybersecurity and the virtualization and sharing 
     of core infrastructure;
       ``(D) enabling effective coordination among State, local, 
     Tribal, and territorial government entities to ensure that 
     the needs of emergency communications centers in both rural 
     and urban areas are taken into account in each implementation 
     plan required under section 159(c)(3)(A)(iii); and
       ``(E) incorporating existing cybersecurity resources into 
     Next Generation 9-1-1 procurement and deployment.
       ``(8) Authority to provide additional recommendations.--
     Except as provided in paragraphs (1) and (7), the Board may 
     provide recommendations to the Under Secretary only upon 
     request of the Under Secretary.
       ``(9) Duration of authority.--The Board shall terminate on 
     the date on which funds made available to make grants under 
     section 159(c) are no longer available to be expended.
       ``(b) Rule of Construction.--Nothing in this section may be 
     construed as limiting the authority of the Under Secretary to 
     seek comment from stakeholders and the public.''.

           Subtitle I--Minority Serving Institutions Program

     SEC. __91. DEFINITIONS.

       In this subtitle:
       (1) Broadband.--The term ``broadband'' means broadband--
       (A) having--
       (i) a speed of not less than--

       (I) 100 megabits per second for downloads; and
       (II) 20 megabits per second for uploads; and

       (ii) a latency sufficient to support reasonably 
     foreseeable, real-time, interactive applications; and

[[Page S3549]]

       (B) with respect to an eligible community, offered with a 
     low-cost option that is affordable to low- and middle-income 
     residents of the eligible community, including through the 
     Affordable Connectivity Program established under section 
     904(b) of division N of the Consolidated Appropriations Act, 
     2021 (47 U.S.C. 1752(b)) or any successor program, and a low-
     cost program available through a provider.
       (2) Covered planning grant.--The term ``covered planning 
     grant'' means funding made available to an eligible applicant 
     for the purpose of developing or carrying out a local 
     broadband plan from--
       (A) an administering entity through a subgrant under 
     section 60304(c)(3)(E) of the Infrastructure Investment and 
     Jobs Act (47 U.S.C. 1723); or
       (B) an eligible entity--
       (i) carrying out pre-deployment planning activities under 
     subparagraph (A) of section 60102(d)(2) of the Infrastructure 
     Investment and Jobs Act (47 U.S.C. 1702(d)(2)) or carrying 
     out the administration of the grant under subparagraph (B) of 
     that Act; or
       (ii) carrying out planning activities under section 
     60102(e)(1)(C)(iii) of the Infrastructure Investment and Jobs 
     Act (47 U.S.C. 1702(e)(1)(C)(iii)).
       (3) Digital equity.--The term ``digital equity'' has the 
     meaning given the term in section 60302 of the Infrastructure 
     Investment and Jobs Act (47 U.S.C. 1721).
       (4) Eligible applicant.--The term ``eligible applicant'' 
     means an organization that does not receive a covered 
     planning grant and--
       (A) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and is exempt from taxation under 
     section 501(a) of that Code;
       (B) has a mission that is aligned with advancing digital 
     equity;
       (C) has relevant experience and expertise supporting 
     eligible community anchor institutions to engage in the 
     planning for the expansion and adoption of reliable and 
     affordable broadband and deployment of broadband, and the 
     advancement of digital equity--
       (i) on campus at those institutions; and
       (ii) to low-income residents in eligible communities with 
     respect to those institutions; and
       (D) employs staff with expertise in the development of 
     broadband plans, the construction of internet infrastructure, 
     or the design and delivery of digital equity programs, 
     including through the use of contractors and consultants, 
     except that the employment of the staff does not rely solely 
     on outsourced contracts.
       (5) Eligible community.--The term ``eligible community'' 
     means a community that--
       (A) is located--
       (i) within a census tract any portion of which is not more 
     than 15 miles from an eligible community anchor institution; 
     and
       (ii) with respect to a Tribal College or University located 
     on land held in trust by the United States--

       (I) not more than 15 miles from the Tribal College or 
     University; or
       (II) within a maximum distance established by the Under 
     Secretary, in consultation with the Secretary of the 
     Interior, to ensure that the area is statistically comparable 
     to other areas described in clause (i); and

       (B) has an estimated median annual household income of not 
     more than 250 percent of the poverty line, as defined in 
     section 673 of the Community Services Block Grant Act (42 
     U.S.C. 9902).
       (6) Eligible community anchor institution.--The term 
     ``eligible community anchor institution'' means a 
     historically Black college or university, a Tribal College or 
     University, or a Minority-serving institution.
       (7) Eligible entity.--The term ``eligible entity'' has the 
     meaning given the term in section 60102 of the Infrastructure 
     Investment and Jobs Act (47 U.S.C. 1702).
       (8) Historically black college or university; tribal 
     college or university; minority-serving institution.--The 
     terms ``historically Black college or university'', ``Tribal 
     College or University'', and ``Minority-serving institution'' 
     have the meanings given those terms in section 902(a) of 
     title IX of division N of the Consolidated Appropriations 
     Act, 2021 (47 U.S.C. 1306(a)), and include an established 
     fiduciary of such educational institution, such as an 
     affiliated foundation, or a district or State system 
     affiliated with such educational institution.
       (9) Improper payments.--The term ``improper payments'' has 
     the meaning given the term in section 3351 of title 31, 
     United States Code.
       (10) Local broadband plan.--The term ``local broadband 
     plan'' means a plan developed pursuant to section __92(c).
       (11) Program.--The term ``Program'' means the pilot program 
     established under section __92(a).

     SEC. __92. PROGRAM.

       (a) Establishment.--The Under Secretary, acting through the 
     head of the Office of Minority Broadband Initiatives, shall 
     use the amounts borrowed under section __62(f) to establish 
     within the National Telecommunications and Information 
     Administration a pilot program for the purposes described in 
     subsection (c) of this section, provided that not more than 6 
     percent of the amounts used to establish the pilot program 
     may be used for salary, expenses, administration, and 
     oversight with respect to the pilot program.
       (b) Authority.--The Under Secretary may use funding 
     mechanisms, including grants, cooperative agreements, and 
     contracts, for the effective implementation of the Program.
       (c) Purposes.--Funding made available under the Program 
     shall enable an eligible applicant to work with an eligible 
     community anchor institution, and each eligible community 
     with respect to the eligible community anchor institution, to 
     develop a local broadband plan to--
       (1) identify barriers to broadband deployment and adoption 
     in order to expand the availability and adoption of broadband 
     at the eligible community anchor institution and within each 
     such eligible community;
       (2) advance digital equity at the eligible community anchor 
     institution and within each such eligible community; and
       (3) help each such eligible community to prepare 
     applications for funding from multiple sources, including 
     from--
       (A) the various programs authorized under the 
     Infrastructure Investment and Jobs Act (Public Law 117-58; 
     135 Stat. 429); and
       (B) other Federal, State, and Tribal sources of funding for 
     broadband deployment, affordable broadband internet service, 
     or digital equity.
       (d) Contents of Local Broadband Plan.--A local broadband 
     plan shall--
       (1) be developed in coordination with stakeholder 
     representatives; and
       (2) with respect to support for infrastructure funding--
       (A) reflect an approach that is performance-based and does 
     not favor any particular technology, provider, or type of 
     provider; and
       (B) include--
       (i) a description of the demographic profile of each 
     applicable eligible community;
       (ii) an assessment of the needs of each applicable eligible 
     community, including with respect to digital literacy, 
     workforce development, and device access needs;
       (iii) a summary of current (as of the date of the most 
     current data published by the Commission) service providers 
     operating in each applicable eligible community and the 
     broadband offerings and related services in each applicable 
     eligible community;
       (iv) an estimate of capital and operational expenditures 
     for the course of action recommended in the local broadband 
     plan;
       (v) a preliminary implementation schedule for the 
     deployment of broadband required under the local broadband 
     plan; and
       (vi) a summary of the potential employment, development, 
     and revenue creation opportunities for the eligible community 
     anchor institution and each applicable eligible community.
       (e) Application.--
       (1) In general.--To be eligible to receive funding under 
     the Program, an applicant that is an eligible applicant shall 
     submit to the Under Secretary, acting through the head of the 
     Office of Minority Broadband Initiatives, an application 
     containing--
       (A) the name and mailing address of the applicant;
       (B) the name and email address of the point of contact for 
     the applicant;
       (C) documentation providing evidence that the applicant is 
     an eligible applicant;
       (D) a summary description of the proposed approach that the 
     applicant will take to expand the availability and adoption 
     of broadband;
       (E) an outline or sample of the proposed local broadband 
     plan with respect to the funds;
       (F) a draft proposal for carrying out the local broadband 
     plan with respect to the funds, describing with specificity 
     how funds will be used;
       (G) a summary of past performance in which the applicant 
     created plans similar to the local broadband plan for 
     communities similar to each applicable eligible community;
       (H) a description of the approach the applicant will take 
     to engage each applicable eligible community and the 
     applicable eligible community anchor institution and report 
     outcomes relating to that engagement;
       (I) a description of how the applicant will meet the short-
     term and long-term goals described in subsection (h)(2)(A); 
     and
       (J) a certification that the applicant is not a recipient 
     of a covered planning grant.
       (2) Deadlines.--The Under Secretary, acting through the 
     head of the Office of Minority Broadband Initiatives, shall 
     publish a notice for the Program not later than 60 days after 
     the date of enactment of this Act.
       (f) Selection Criteria.--When selecting an eligible 
     applicant to receive funding under the Program, the Under 
     Secretary may give preference or priority to an eligible 
     applicant, the application of which, if awarded, would enable 
     a greater number of eligible communities to be served.
       (g) Report.--
       (1) In general.--Not later than 540 days after the date of 
     enactment of this Act, the Under Secretary, acting through 
     the head of the Office of Minority Broadband Initiatives, 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report, which the 
     Under Secretary, acting through the head of the Office of 
     Minority Broadband Initiatives, shall make available to the 
     public.
       (2) Contents.--The report described in paragraph (1) shall 
     include, for the period covered by the report--
       (A) the number of eligible applicants that submitted 
     applications under the Program;

[[Page S3550]]

       (B) the number of eligible applicants that received funding 
     under the Program;
       (C) a summary of the funding amounts made available to 
     eligible applicants under the Program and the list of 
     eligible community anchor institutions the eligible 
     applicants propose to serve;
       (D) the number of eligible communities that ultimately 
     received funding or financing to promote broadband adoption 
     and to deploy broadband in the eligible community under the 
     Program;
       (E) information determined necessary by the Under Secretary 
     to measure progress toward the goals described in subsection 
     (h)(2)(A) and assess whether the goals described in that 
     subsection are being met; and
       (F) an identification of each eligible applicant that 
     received funds through the Program and a description of the 
     progress each eligible applicant has made toward 
     accomplishing the purpose of the Program, as described in 
     subsection (c).
       (h) Public Notice; Requirements.--
       (1) Public notice.--Not later than 90 days after the date 
     on which the Under Secretary provides public notice of the 
     Program, the Under Secretary, in consultation with the head 
     of the Office of Minority Broadband Initiatives, shall issue 
     the Notice of Funding Opportunity governing the Program.
       (2) Requirements.--In the notice required under paragraph 
     (1), the Under Secretary shall--
       (A) establish short-term and long-term goals for eligible 
     applicants that receive funds under the Program;
       (B) establish performance metrics by which to evaluate 
     whether an eligible applicant has met the goals described in 
     subparagraph (A); and
       (C) identify the selection criteria described in subsection 
     (f) that the Under Secretary will use to award funds under 
     the Program if demand for funds under the Program exceeds the 
     amount appropriated for carrying out the Program.
       (i) Oversight.--
       (1) Audits.--The Inspector General of the Department of 
     Commerce (referred to in this subsection as the ``Inspector 
     General'') shall conduct an audit of the Program in order 
     to--
       (A) ensure that eligible applicants use funds awarded under 
     the Program in accordance with--
       (i) the requirements of this subtitle; and
       (ii) the purposes of the Program, as described in 
     subsection (c); and
       (B) prevent waste, fraud, abuse, and improper payments.
       (2) Revocation of funds.--The Under Secretary shall revoke 
     funds awarded to an eligible applicant that is not in 
     compliance with the requirements of this section or the 
     purposes of the Program, as described in subsection (c).
       (3) Audit findings.--Each finding of waste, fraud, abuse, 
     or an improper payment by the Inspector General in an audit 
     under paragraph (1) shall include the following:
       (A) The name of the eligible applicant.
       (B) The amount of funding made available under the Program 
     to the eligible applicant.
       (C) The amount of funding determined to be an improper 
     payment made to an eligible applicant involved in the waste, 
     fraud, abuse, or improper payment.
       (4) Notification of audit findings.--Not later than 7 days 
     after the date of a finding described under paragraph (3), 
     the Inspector General shall concurrently notify the Under 
     Secretary, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on Energy and 
     Commerce of the House of Representatives of the information 
     described in that paragraph.
       (5) Fraud risk management.--In issuing rules under this 
     subsection, the Under Secretary shall--
       (A) designate an entity within the Program office to lead 
     fraud risk management activities;
       (B) ensure the entity designated under subparagraph (A) has 
     defined responsibilities and the necessary authority to serve 
     its role;
       (C) conduct risk-based monitoring and evaluation of fraud 
     risk management activities with a focus on outcome 
     measurement;
       (D) collect and analyze data from reporting mechanisms and 
     instances of detected fraud for real-time monitoring of fraud 
     trends;
       (E) use the results of the monitoring, evaluations, and 
     investigations to improve fraud prevention, detection, and 
     response;
       (F) plan regular fraud risk assessments and assess risks to 
     determine a fraud risk profile;
       (G) develop, document, and communicate an anti-fraud 
     strategy, focusing on preventative control activities;
       (H) consider the benefits and costs of controls to prevent 
     and detect potential fraud, and develop a fraud response 
     plan; and
       (I) establish collaborative relationships with stakeholders 
     and create incentives to help ensure effective implementation 
     of the anti-fraud strategy described in subparagraph (G).

      Subtitle J--Modernizing the Affordable Connectivity Program

     SEC. __01A. MODERNIZING THE AFFORDABLE CONNECTIVITY PROGRAM.

       (a) Eligibility.--
       (1) Limitation on eligibility through the community 
     eligibility provision of the free lunch program and the free 
     school breakfast program.--Section 904(a)(6) of division N of 
     the Consolidated Appropriations Act, 2021 (47 U.S.C. 
     1752(a)(6)) is amended by striking subparagraph (B) and 
     inserting the following:
       ``(B) at least one member of the household--
       ``(i) is eligible for and receives--

       ``(I) a free or reduced price lunch under the school lunch 
     program established under the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1751 et seq.); or
       ``(II) a free or reduced price breakfast under the school 
     breakfast program established under section 4 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1773); and

       ``(ii) attends a school the local educational agency of 
     which does not elect to receive special assistance payments 
     under section 11(a)(1)(F) of the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) with respect to 
     the school;''.
       (2) Effective date.--
       (A) In general.--The amendments made by this subsection 
     shall take effect on the date that is 180 days after the date 
     of enactment of this Act.
       (B) Updating rules.--Not later than 180 days after the date 
     of enactment of this Act, the Commission shall update the 
     rules of the Commission relating to the program carried out 
     under section 904 of division N of the Consolidated 
     Appropriations Act, 2021 (47 U.S.C. 1752) (referred to in 
     this paragraph as the ``Affordable Connectivity Program'') to 
     implement the amendments made by this subsection.
       (C) Re-verification.--Not later than 60 days after the date 
     of enactment of this Act, a participating provider, as 
     defined in section 904(a) of division N of the Consolidated 
     Appropriations Act, 2021 (47 U.S.C. 1752(a)), shall re-verify 
     the eligibility of a household with respect to the Affordable 
     Connectivity Program based on the amendments made by this 
     subsection.
       (b) Repeal of Affordable Connectivity Program Device 
     Subsidy.--Section 904 of division N of the Consolidated 
     Appropriations Act, 2021 (47 U.S.C. 1752) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (4); and
       (B) by redesignating paragraphs (5) through (11) as 
     paragraphs (4) through (10), respectively; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``, or an affordable 
     connectivity benefit and a connected device,'';
       (B) by striking paragraph (5);
       (C) by redesignating paragraphs (6) through (15) as 
     paragraphs (5) through (14), respectively;
       (D) in paragraph (5), as so redesignated--
       (i) in the matter preceding subparagraph (A), by striking 
     ``or (5)'';
       (ii) by striking subparagraph (B); and
       (iii) by redesignating subparagraph (C) as subparagraph 
     (B);
       (E) in paragraph (11), as so redesignated--
       (i) in subparagraph (D), by striking ``a connected device 
     or a reimbursement for'';
       (ii) by striking subparagraph (E); and
       (iii) by redesignating subparagraphs (F) and (G) as 
     subparagraphs (E) and (F), respectively; and
       (F) in paragraph (13), as so redesignated, by striking 
     ``paragraph (12)'' and inserting ``paragraph (11)''.
                                 ______
                                 
  SA 2018. Ms. HIRONO (for herself, Ms. Murkowski, and Mr. Casey) 
submitted an amendment intended to be proposed to amendment SA 1911 
proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. 
Moran) to the bill H.R. 3935, to amend title 49, United States Code, to 
reauthorize and improve the Federal Aviation Administration and other 
civil aviation programs, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EXEMPTION FROM EXCISE TAX ON ALTERNATIVE MOTORBOAT 
                   FUELS EXTENDED TO INCLUDE CERTAIN VESSELS 
                   SERVING ONLY ONE COAST.

       (a) In General.--Section 4041(g) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new sentence: ``For purposes of subsection (a)(2), the 
     exemption under paragraph (1) shall also apply to fuel sold 
     for use or used by a vessel which is both described in 
     section 4042(c)(1) and actually engaged in trade between the 
     Atlantic (including the Gulf of Mexico) or Pacific ports of 
     the United States (including any territory or possession of 
     the United States).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to fuel sold for use or used after December 31, 
     2021.
                                 ______
                                 
  SA 2019. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, 
Ms. Duckworth, and Mr. Moran) to the bill H.R. 3935, to amend title 49, 
United States Code, to reauthorize and improve the Federal Aviation 
Administration and other civil aviation programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S3551]]

  


     SEC. ___. STOPPING HARMFUL IMAGE EXPLOITATION AND LIMITING 
                   DISTRIBUTION.

       (a) In General.--Chapter 88 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1802. Certain activities relating to intimate visual 
       depictions

       ``(a) Definitions.--In this section:
       ``(1) Communications service.--The term `communications 
     service' means--
       ``(A) a service provided by a person that is a common 
     carrier, as that term is defined in section 3 of the 
     Communications Act of 1934 (47 U.S.C. 153), insofar as the 
     person is acting as a common carrier;
       ``(B) an electronic communication service, as that term is 
     defined in section 2510;
       ``(C) an information service, as that term is defined in 
     section 3 of the Communications Act of 1934 (47 U.S.C. 153); 
     and
       ``(D) an interactive computer service, as that term is 
     defined in section 230(f) of the Communications Act of 1934 
     (47 U.S.C. 230(f)).
       ``(2) Information content provider.--The term `information 
     content provider' has the meaning given that term in section 
     230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
       ``(3) Intimate visual depiction.--The term `intimate visual 
     depiction' means any visual depiction (as that term is 
     defined in section 2256(5)) of an individual--
       ``(A) who has attained 18 years of age at the time the 
     intimate visual depiction is created;
       ``(B) who is recognizable to a third party from the 
     intimate image itself or information or text displayed in 
     connection with the intimate image itself or information or 
     text displayed in connection with the intimate image; and
       ``(C)(i) who is depicted engaging in sexually explicit 
     conduct; or
       ``(ii) whose genitals, anus, pubic area, or female nipple 
     are unclothed and visible.
       ``(4) Minor.--The term `minor' has the meaning given that 
     term in section 2256.
       ``(5) Sexually explicit conduct.--The term `sexually 
     explicit conduct' has the meaning given that term in section 
     2256(2)(A).
       ``(6) Visual depiction of a nude minor.--The term `visual 
     depiction of a nude minor' means any visual depiction (as 
     that term is defined in section 2256(5)) of an individual who 
     is recognizable by an individual other than the depicted 
     individual from the intimate image itself or information or 
     text displayed in connection with the intimate image who was 
     under 18 years of age at the time the visual depiction was 
     created in which the actual anus, genitals, or pubic area, or 
     post-pubescent female nipple, of the minor are unclothed, 
     visible, and displayed in a manner that does not constitute 
     sexually explicit conduct.
       ``(b) Offenses.--
       ``(1) In general.--Except as provided in subsection (d), it 
     shall be unlawful to knowingly mail, or to knowingly 
     distribute using any means or facility of interstate or 
     foreign commerce or affecting interstate or foreign commerce, 
     an intimate visual depiction of an individual--
       ``(A) that was obtained or created under circumstances in 
     which the actor knew or reasonably should have known the 
     individual depicted had a reasonable expectation of privacy;
       ``(B) where what is depicted was not voluntarily exposed by 
     the individual in a public or commercial setting;
       ``(C) where what is depicted is not a matter of public 
     concern; and
       ``(D) if the distribution--
       ``(i) is intended to cause harm; or
       ``(ii) causes harm, including psychological, financial, or 
     reputational harm, to the individual depicted.

     For purposes of this paragraph, the fact that the subject of 
     the depiction consented to the creation of the depiction 
     shall not establish that that person consented to its 
     distribution.
       ``(2) Involving minors.--Except as provided in subsection 
     (d), it shall be unlawful to knowingly mail, or to knowingly 
     distribute using any means or facility of interstate or 
     foreign commerce or affecting interstate or foreign commerce, 
     a visual depiction of a nude minor with intent to abuse, 
     humiliate, harass, or degrade the minor, or to arouse or 
     gratify the sexual desire of any person.
       ``(c) Penalty.--
       ``(1) In general.--
       ``(A) Visual depiction of a nude minor.--Any person who 
     violates subsection (b)(2) shall be fined under this title, 
     imprisoned not more than 3 years, or both.
       ``(B) Intimate visual depiction.--Any person who violates 
     subsection (b)(1) shall be fined under this title, imprisoned 
     for not more than 2 years, or both.
       ``(2) Forfeiture.--
       ``(A) In general.--The court, in imposing a sentence on any 
     person convicted of a violation involving intimate visual 
     depictions or visual depictions of a nude minor under this 
     section, or convicted of a conspiracy of a violation 
     involving intimate visual depictions or visual depictions of 
     a nude minor under this section, shall order, in addition to 
     any other sentence imposed and irrespective of any provision 
     of State law, that such person forfeit to the United States--
       ``(i) any material distributed in violation of this 
     section;
       ``(ii) such person's interest in property, real or 
     personal, constituting or derived from any gross proceeds of 
     such violation, or any property traceable to such property, 
     obtained or retained directly or indirectly as a result of 
     such violation; and
       ``(iii) any personal property of the person used, or 
     intended to be used, in any manner or part, to commit or to 
     facilitate the commission of such violation.
       ``(B) Procedures.--Section 413 of the Controlled Substances 
     Act (21 U.S.C. 853), with the exception of subsections (a) 
     and (d), applies to the criminal forfeiture of property 
     pursuant to subparagraph (A).
       ``(3) Restitution.--Restitution shall be available as 
     provided in section 2264 of this title.
       ``(d) Exceptions.--
       ``(1) Law enforcement, lawful reporting, and other legal 
     proceedings.--This section--
       ``(A) does not prohibit any lawfully authorized 
     investigative, protective, or intelligence activity of a law 
     enforcement agency of the United States, a State, or a 
     political subdivision of a State, or of an intelligence 
     agency of the United States; and
       ``(B) shall not apply to distributions that are made 
     reasonably and in good faith--
       ``(i) to report unlawful or unsolicited activity or in 
     pursuance of a legal or professional or other lawful 
     obligation;
       ``(ii) to seek support or help with respect to the receipt 
     of an unsolicited intimate visual depiction;
       ``(iii) relating to an individual who possesses or 
     distributes a visual depiction of himself or herself engaged 
     in nudity or sexually explicit conduct;
       ``(iv) to assist the depicted individual;
       ``(v) for legitimate medical, scientific, or educational 
     purposes; or
       ``(vi) as part of a document production or filing 
     associated with a legal proceeding.
       ``(2) Service providers.--This section shall not apply to 
     any provider of a communications service with regard to 
     content provided by another information content provider 
     unless the provider of the communications service 
     intentionally solicits, or knowingly and predominantly 
     distributes, such content.
       ``(e) Threats.--Any person who intentionally threatens to 
     commit an offense under subsection (b) for the purpose of 
     intimidation, coercion, extortion, or to create mental 
     distress shall be punished as provided in subsection (c).
       ``(f) Extraterritoriality.--There is extraterritorial 
     Federal jurisdiction over an offense under this section if 
     the defendant or the depicted individual is a citizen or 
     permanent resident of the United States.
       ``(g) Rule of Construction.--Nothing in this section shall 
     be construed to limit the application of any other relevant 
     law, including section 2252 of this title.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     88 of title 18, United States Code, is amended by inserting 
     after the item relating to section 1801 the following:

``1802. Certain activities relating to intimate visual depictions.''.
       (c) Conforming Amendment.--Section 2264(a) of title 18, 
     United States Code, is amended by inserting ``, or under 
     section 1802 of this title'' before the period.
                                 ______
                                 
  SA 2020. Mr. KELLY (for himself and Ms. Lummis) submitted an 
amendment intended to be proposed to amendment SA 1911 proposed by Ms. 
Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) to the 
bill H.R. 3935, to amend title 49, United States Code, to reauthorize 
and improve the Federal Aviation Administration and other civil 
aviation programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       In section 360, strike subsection (b) and insert the 
     following:
       (b) Surplus Military Aircraft.--In issuing a rule under 
     subsection (a), the Administrator may not enable any aircraft 
     of a type that has been manufactured in accordance with the 
     requirements of, and accepted for use by, the armed forces 
     (as defined in section 101 of title 10, United States Code) 
     and later modified to be used for wildfire suppression 
     operations, unless--
       (1) such aircraft is later type-rated by the Administrator;
       (2) such aircraft was manufactured after 1970;
       (3) such aircraft is equipped with redundant hydraulic 
     systems (2 or more);
       (4) such aircraft is equipped with 2 engines; and
       (5) the engines are equipped with Full-Authority Digital 
     Engine Control (FADEC) technology.
                                 ______
                                 
  SA 2021. Mr. BENNET (for himself and Mrs. Blackburn) submitted an 
amendment intended to be proposed to amendment SA 1911 proposed by Ms. 
Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) to the 
bill H.R. 3935, to amend title 49, United States Code, to reauthorize 
and improve the Federal Aviation Administration and other civil 
aviation programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

[[Page S3552]]

  


     SEC. __. IMPROVEMENTS TO MEDICARE PAYMENT SYSTEM FOR AIR 
                   AMBULANCE SERVICES.

       Section 1834(l) of the Social Security Act (42 U.S.C. 
     1395m(l)) is amended by adding at the end the following new 
     paragraph:
       ``(18) Improvements to medicare payment system for air 
     ambulance services.--
       ``(A) In general.--The Secretary may revise the fee 
     schedule otherwise established under this subsection for air 
     ambulance services based on data described in subparagraph 
     (B) and data collected under subparagraph (C).
       ``(B) Data described.--For purposes of subparagraph (A), 
     the data described in this subparagraph is data collected 
     pursuant to the provisions of, and amendments made by, 
     section 106 of division BB of the Consolidated Appropriations 
     Act, 2021 (Public Law 116-260).
       ``(C) Additional data collection.--The Secretary shall 
     require, once every 3 years, providers of services and 
     suppliers furnishing air ambulance services to submit to the 
     Secretary--
       ``(i) data relating to the fixed and operated costs per air 
     ambulance base attributable to furnishing air ambulance 
     services to individuals enrolled under this part and data 
     relating to the utilization of such services by such 
     individuals;
       ``(ii) data relating to the revenue obtained by such 
     providers and suppliers under this part attributable to the 
     furnishing of such services; and
       ``(iii) any other information determined appropriate by the 
     Secretary.
       ``(D) Consultation.--In the case that the Secretary elects 
     to revise the fee schedule for air ambulance services under 
     subparagraph (A), the Secretary shall consider stakeholder 
     input in a process that is transparent and appropriately 
     considers data described in subparagraph (B) and data 
     collected under subparagraph (C).''.

     SEC. __. GAO STUDY ON EMERGENCY AIR AMBULANCE COSTS.

       Not later than 1 year after the date on which data begins 
     to be collected pursuant to the provisions of, and amendments 
     made by, section 106 of division BB of the Consolidated 
     Appropriations Act, 2021 (Public Law 116-260), the 
     Comptroller General of the United States shall submit to the 
     Committee on Finance of the Senate and the Committee on Ways 
     and Means and the Committee on Energy and Commerce of the 
     House of Representatives, a report detailing--
       (1) the average annual operating costs per air ambulance 
     base;
       (2) the average cost per transport by air ambulance;
       (3) the payor mix for air ambulance services;
       (4) the adequacy of Medicare payments for such services;
       (5) geographic variations in the cost of furnishing such 
     services; and
       (6) recommendations on improving the fee schedule under 
     section 1834(l) of the Social Security Act (42 U.S.C. 
     1395m(l)) for air ambulance services.
                                 ______
                                 
  SA 2022. Ms. KLOBUCHAR (for herself, Mr. Moran, Mr. Coons, and Mr. 
Cassidy) submitted an amendment intended to be proposed to amendment SA 
1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms. Duckworth, 
and Mr. Moran) to the bill H.R. 3935, to amend title 49, United States 
Code, to reauthorize and improve the Federal Aviation Administration 
and other civil aviation programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

            TITLE XIV--FULFILLING PROMISES TO AFGHAN ALLIES

     SEC. 1401. DEFINITIONS.

       In this title:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Armed Services of the Senate;
       (D) the Committee on Appropriations of the Senate;
       (E) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (F) the Committee on the Judiciary of the House of 
     Representatives;
       (G) the Committee on Foreign Affairs of the House of 
     Representatives;
       (H) the Committee on Armed Services of the House of 
     Representatives;
       (I) the Committee on Appropriations of the House of 
     Representatives; and
       (J) the Committee on Homeland Security of the House of 
     Representatives.
       (2) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (4) Special immigrant status.--The term ``special immigrant 
     status'' means special immigrant status provided under--
       (A) the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 
     note; Public Law 111-8);
       (B) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
     163); or
       (C) subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), as 
     added by section 1406(a).
       (5) Specified application.--The term ``specified 
     application'' means--
       (A) a pending, documentarily complete application for 
     special immigrant status; and
       (B) a case in processing in the United States Refugee 
     Admissions Program for an individual who has received a 
     Priority 1 or Priority 2 referral to such program.
       (6) United states refugee admissions program.--The term 
     ``United States Refugee Admissions Program'' means the 
     program to resettle refugees in the United States pursuant to 
     the authorities provided in sections 101(a)(42), 207, and 412 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42), 
     1157, and 1522).

     SEC. 1402. SUPPORT FOR AFGHAN ALLIES OUTSIDE THE UNITED 
                   STATES.

       (a) Response to Congressional Inquiries.--The Secretary of 
     State shall respond to inquiries by Members of Congress 
     regarding the status of a specified application submitted by, 
     or on behalf of, a national of Afghanistan, including any 
     information that has been provided to the applicant, in 
     accordance with section 222(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1202(f)).
       (b) Office in Lieu of Embassy.--During the period in which 
     there is no operational United States embassy in Afghanistan, 
     the Secretary of State shall designate an appropriate office 
     within the Department of State--
       (1) to review specified applications submitted by nationals 
     of Afghanistan residing in Afghanistan, including by 
     conducting any required interviews;
       (2) to issue visas or other travel documents to such 
     nationals, in accordance with the immigration laws;
       (3) to provide services to such nationals, to the greatest 
     extent practicable, that would normally be provided by an 
     embassy; and
       (4) to carry out any other function the Secretary of State 
     considers necessary.

     SEC. 1403. CONDITIONAL PERMANENT RESIDENT STATUS FOR ELIGIBLE 
                   INDIVIDUALS.

       (a) Definitions.--In this section:
       (1) Conditional permanent resident status.--The term 
     ``conditional permanent resident status'' means conditional 
     permanent resident status under section 216 and 216A of the 
     Immigration and Nationality Act (8 U.S.C. 1186a, 1186b), 
     subject to the provisions of this section.
       (2) Eligible individual.--The term ``eligible individual'' 
     means an alien who--
       (A) is present in the United States;
       (B) is a citizen or national of Afghanistan or, in the case 
     of an alien having no nationality, is a person who last 
     habitually resided in Afghanistan;
       (C) has not been granted permanent resident status;
       (D)(i) was inspected and admitted to the United States on 
     or before the date of the enactment of this Act; or
       (ii) was paroled into the United States during the period 
     beginning on July 30, 2021, and ending on the date of the 
     enactment of this Act, provided that--
       (I) such parole has not been terminated by the Secretary 
     upon written notice; and
       (II) the alien did not enter the United States at a 
     location between ports of entry along the southwest land 
     border; and
       (E) is admissible to the United States as an immigrant 
     under the applicable immigration laws, including eligibility 
     for waivers of grounds of inadmissibility to the extent 
     provided by the immigration laws and the terms of this 
     section.
       (b) Conditional Permanent Resident Status for Eligible 
     Individuals.--
       (1) Adjustment of status to conditional permanent resident 
     status.--Beginning on the date of the enactment of this Act, 
     the Secretary--
       (A) may adjust the status of each eligible individual to 
     that of an alien lawfully admitted for permanent residence 
     status, subject to the procedures established by the 
     Secretary to determine eligibility for conditional permanent 
     resident status; and
       (B) shall create for each eligible individual who is 
     granted adjustment of status under this section a record of 
     admission to such status as of the date on which the eligible 
     individual was initially inspected and admitted or paroled 
     into the United States, or July 30, 2021, whichever is later,
       unless the Secretary determines, on a case-by-case basis, 
     that such individual is inadmissible under any ground of 
     inadmissibility under section 212 (other than subsection 
     (a)(4)) of the Immigration and Nationality Act (8 U.S.C. 
     1182) and is not eligible for a waiver of such grounds of 
     inadmissibility as provided by this title or by the 
     immigration laws.
       (2) Conditional basis.--An individual who obtains lawful 
     permanent resident status under this section shall be 
     considered, at the time of obtaining the status of an alien 
     lawfully admitted for permanent residence, to have obtained 
     such status on a conditional basis subject to the provisions 
     of this section.
       (c) Conditional Permanent Resident Status Described.--
       (1) Assessment.--
       (A) In general.--Before granting conditional permanent 
     resident status to an eligible individual under subsection 
     (b)(1), the Secretary shall conduct an assessment with 
     respect to the eligible individual, which shall

[[Page S3553]]

     be equivalent in rigor to the assessment conducted with 
     respect to refugees admitted to the United States through the 
     United States Refugee Admissions Program, for the purpose of 
     determining whether the eligible individual is inadmissible 
     under any ground of inadmissibility under section 212 (other 
     than subsection (a)(4)) of the Immigration and Nationality 
     Act (8 U.S.C. 1182) and is not eligible for a waiver of such 
     grounds of inadmissibility under paragraph (2)(C) or the 
     immigration laws.
       (B) Consultation.--In conducting an assessment under 
     subparagraph (A), the Secretary may consult with the head of 
     any other relevant agency and review the holdings of any such 
     agency.
       (2) Removal of conditions.--
       (A) In general.--Not earlier than the date described in 
     subparagraph (B), the Secretary may remove the conditional 
     basis of the status of an individual granted conditional 
     permanent resident status under this section unless the 
     Secretary determines, on a case-by-case basis, that such 
     individual is inadmissible under any ground of 
     inadmissibility under paragraph (2) or (3) of section 212(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)), 
     and is not eligible for a waiver of such grounds of 
     inadmissibility under subparagraph (C) or the immigration 
     laws.
       (B) Date described.--The date described in this 
     subparagraph is the earlier of--
       (i) the date that is 4 years after the date on which the 
     individual was admitted or paroled into the United States; or
       (ii) July 1, 2027.
       (C) Waiver.--
       (i) In general.--Except as provided in clause (ii), to 
     determine eligibility for conditional permanent resident 
     status under subsection (b) or removal of conditions under 
     this paragraph, the Secretary may waive the application of 
     the grounds of inadmissibility under 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)) for 
     humanitarian purposes or to ensure family unity.
       (ii) Exceptions.--The Secretary may not waive under clause 
     (i) the application of subparagraphs (C) through (E) and (G) 
     through (H) of paragraph (2), or paragraph (3), of section 
     212(a) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)).
       (iii) Rule of construction.--Nothing in this subparagraph 
     may be construed to expand or limit any other waiver 
     authority applicable under the immigration laws to an 
     individual who is otherwise eligible for adjustment of 
     status.
       (D) Timeline.--Not later than 180 days after the date 
     described in subparagraph (B), the Secretary shall, to the 
     greatest extent practicable, remove conditions as to all 
     individuals granted conditional permanent resident status 
     under this section who are eligible for removal of 
     conditions.
       (3) Treatment of conditional basis of status period for 
     purposes of naturalization.--An individual in conditional 
     permanent resident status under this section shall be 
     considered--
       (A) to have been admitted to the United States as an alien 
     lawfully admitted for permanent residence; and
       (B) to be present in the United States as an alien lawfully 
     admitted to the United States for permanent residence, 
     provided that, no alien granted conditional permanent 
     resident status shall be naturalized unless the alien's 
     conditions have been removed under this section.
       (d) Termination of Conditional Permanent Resident Status.--
     Conditional permanent resident status shall terminate on, as 
     applicable--
       (1) the date on which the Secretary removes the conditions 
     pursuant to subsection (c)(2), on which date the alien shall 
     be lawfully admitted for permanent residence without 
     conditions;
       (2) the date on which the Secretary determines that the 
     alien was not an eligible individual under subsection (a)(2) 
     as of the date that such conditional permanent resident 
     status was granted, on which date of the Secretary's 
     determination the alien shall no longer be an alien lawfully 
     admitted for permanent residence; or
       (3) the date on which the Secretary determines pursuant to 
     subsection (c)(2) that the alien is not eligible for removal 
     of conditions, on which date the alien shall no longer be an 
     alien lawfully admitted for permanent residence.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to limit the authority of the Secretary at any time 
     to place in removal proceedings under section 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1229a) any alien 
     who has conditional permanent resident status under this 
     section, if the alien is deportable under section 237 of such 
     Act (8 U.S.C. 1227) under a ground of deportability 
     applicable to an alien who has been lawfully admitted for 
     permanent residence.
       (f) Parole Expiration Tolled.--The expiration date of a 
     period of parole shall not apply to an individual under 
     consideration for conditional permanent resident status under 
     this section, until such time as the Secretary has determined 
     whether to issue conditional permanent resident status.
       (g) Periodic Nonadversarial Meetings.--
       (1) In general.--Not later than 180 days after the date on 
     which an individual is conferred conditional permanent 
     resident status under this section, and periodically 
     thereafter, the Office of Refugee Resettlement shall make 
     available opportunities for the individual to participate in 
     a nonadversarial meeting, during which an official of the 
     Office of Refugee Resettlement (or an agency funded by the 
     Office) shall--
       (A) on request by the individual, assist the individual in 
     a referral or application for applicable benefits 
     administered by the Department of Health and Human Services 
     and completing any applicable paperwork; and
       (B) answer any questions regarding eligibility for other 
     benefits administered by the United States Government.
       (2) Notification of requirements.--Not later than 7 days 
     before the date on which a meeting under paragraph (1) is 
     scheduled to occur, the Secretary of Health and Human 
     Services shall provide notice to the individual that includes 
     the date of the scheduled meeting and a description of the 
     process for rescheduling the meeting.
       (3) Conduct of meeting.--The Secretary of Health and Human 
     Services shall implement practices to ensure that--
       (A) meetings under paragraph (1) are conducted in a 
     nonadversarial manner; and
       (B) interpretation and translation services are provided to 
     individuals granted conditional permanent resident status 
     under this section who have limited English proficiency.
       (4) Rules of construction.--Nothing in this subsection 
     shall be construed--
       (A) to prevent an individual from electing to have counsel 
     present during a meeting under paragraph (1); or
       (B) in the event that an individual declines to participate 
     in such a meeting, to affect the individual's conditional 
     permanent resident status under this section or eligibility 
     to have conditions removed in accordance with this section.
       (h) Consideration.--Except with respect to an application 
     for naturalization and the benefits described in subsection 
     (p), an individual in conditional permanent resident status 
     under this section shall be considered to be an alien 
     lawfully admitted for permanent residence for purposes of the 
     adjudication of an application or petition for a benefit or 
     the receipt of a benefit.
       (i) Notification of Requirements.--Not later than 90 days 
     after the date on which the status of an individual is 
     adjusted to that of conditional permanent resident status 
     under this section, the Secretary shall provide notice to 
     such individual with respect to the provisions of this 
     section, including subsection (c)(1) (relating to the conduct 
     of assessments) and subsection (g) (relating to periodic 
     nonadversarial meetings).
       (j) Application for Naturalization.--The Secretary shall 
     establish procedures whereby an individual who would 
     otherwise be eligible to apply for naturalization but for 
     having conditional permanent resident status, may be 
     considered for naturalization coincident with removal of 
     conditions under subsection (c)(2).
       (k) Adjustment of Status Date.--
       (1) In general.--An alien described in paragraph (2) shall 
     be regarded as lawfully admitted for permanent residence as 
     of the date the alien was initially inspected and admitted or 
     paroled into the United States, or July 30, 2021, whichever 
     is later.
       (2) Alien described.--An alien described in this paragraph 
     is an alien who--
       (A) is described in subparagraphs (A), (B), and (D) of 
     subsection (a)(2), and whose status was adjusted to that of 
     an alien lawfully admitted for permanent residence on or 
     after July 30, 2021, but on or before the date of the 
     enactment of this Act; or
       (B) is an eligible individual whose status is then adjusted 
     to that of an alien lawfully admitted for permanent residence 
     after the date of the enactment of this Act under any 
     provision of the immigration laws other than this section.
       (l) Parents and Legal Guardians of Unaccompanied 
     Children.--A parent or legal guardian of an eligible 
     individual shall be eligible to obtain status as an alien 
     lawfully admitted for permanent residence on a conditional 
     basis if--
       (1) the eligible individual--
       (A) was under 18 years of age on the date on which the 
     eligible individual was granted conditional permanent 
     resident status under this section; and
       (B) was not accompanied by at least one parent or guardian 
     on the date the eligible individual was admitted or paroled 
     into the United States; and
       (2) such parent or legal guardian was admitted or paroled 
     into the United States after the date referred to in 
     paragraph (1)(B).
       (m) Guidance.--
       (1) Interim guidance.--
       (A) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall issue guidance 
     implementing this section.
       (B) Publication.--Notwithstanding section 553 of title 5, 
     United States Code, guidance issued pursuant to subparagraph 
     (A)--
       (i) may be published on the internet website of the 
     Department of Homeland Security; and
       (ii) shall be effective on an interim basis immediately 
     upon such publication but may be subject to change and 
     revision after notice and an opportunity for public comment.
       (2) Final guidance.--
       (A) In general.--Not later than 180 days after the date of 
     issuance of guidance under paragraph (1), the Secretary shall 
     finalize the guidance implementing this section.
       (B) Exemption from the administrative procedures act.--
     Chapter 5 of title 5, United States Code (commonly known as 
     the ``Administrative Procedures Act''), or any other law 
     relating to rulemaking or information collection, shall not 
     apply to the guidance issued under this paragraph.

[[Page S3554]]

       (n) Asylum Claims.--
       (1) In general.--With respect to the adjudication of an 
     application for asylum submitted by an eligible individual, 
     section 2502(c) of the Extending Government Funding and 
     Delivering Emergency Assistance Act (8 U.S.C. 1101 note; 
     Public Law 117-43) shall not apply.
       (2) Rule of construction.--Nothing in this section may be 
     construed to prohibit an eligible individual from seeking or 
     receiving asylum under section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1158).
       (o) Prohibition on Fees.--The Secretary may not charge a 
     fee to any eligible individual in connection with the initial 
     issuance under this section of--
       (1) a document evidencing status as an alien lawfully 
     admitted for permanent residence or conditional permanent 
     resident status; or
       (2) an employment authorization document.
       (p) Eligibility for Benefits.--
       (1) In general.--Notwithstanding any other provision of 
     law--
       (A) an individual described in subsection (a) of section 
     2502 of the Afghanistan Supplemental Appropriations Act, 2022 
     (8 U.S.C. 1101 note; Public Law 117-43) shall retain his or 
     her eligibility for the benefits and services described in 
     subsection (b) of such section if the individual is under 
     consideration for, or is granted, adjustment of status under 
     this section; and
       (B) such benefits and services shall remain available to 
     the individual to the same extent and for the same periods of 
     time as such benefits and services are otherwise available to 
     refugees who acquire such status.
       (2) Exception from 5-year limited eligibility for means-
     tested public benefits.--Section 403(b)(1) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1613(b)(1)) is amended by adding at the end 
     the following:
       ``(F) An alien whose status is adjusted under section 1403 
     of the FAA Reauthorization Act of 2024 to that of an alien 
     lawfully admitted for permanent residence or to that of an 
     alien lawfully admitted for permanent residence on a 
     conditional basis.''.
       (q) Rule of Construction.--Nothing in this section may be 
     construed to preclude an eligible individual from applying 
     for or receiving any immigration benefit to which the 
     individual is otherwise entitled.
       (r) Exemption From Numerical Limitations.--
       (1) In general.--Aliens granted conditional permanent 
     resident status or lawful permanent resident status under 
     this section shall not be subject to the numerical 
     limitations under sections 201, 202, and 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153).
       (2) Spouse and children beneficiaries.--A spouse or child 
     who is the beneficiary of an immigrant petition under section 
     204 of the Immigration and Nationality Act (8 U.S.C. 1154) 
     filed by an alien who has been granted conditional permanent 
     resident status or lawful permanent resident status under 
     this section, seeking classification of the spouse or child 
     under section 203(a)(2)(A) of that Act (8 U.S.C. 
     1153(a)(2)(A)) shall not be subject to the numerical 
     limitations under sections 201, 202, and 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153).
       (s) Effect on Other Applications.--Notwithstanding any 
     other provision of law, in the interest of efficiency, the 
     Secretary may pause consideration of any application or 
     request for an immigration benefit pending adjudication so as 
     to prioritize consideration of adjustment of status to an 
     alien lawfully admitted for permanent residence on a 
     conditional basis under this section.
       (t) Authorization for Appropriations.--There is authorized 
     to be appropriated to the Attorney General, the Secretary of 
     Health and Human Services, the Secretary, and the Secretary 
     of State such sums as are necessary to carry out this 
     section.

     SEC. 1404. REFUGEE PROCESSES FOR CERTAIN AT-RISK AFGHAN 
                   ALLIES.

       (a) Definition of Afghan Ally.--
       (1) In general.--In this section, the term ``Afghan ally'' 
     means an alien who is a citizen or national of Afghanistan, 
     or in the case of an alien having no nationality, an alien 
     who last habitually resided in Afghanistan, who--
       (A) was--
       (i) a member of--

       (I) the special operations forces of the Afghanistan 
     National Defense and Security Forces;
       (II) the Afghanistan National Army Special Operations 
     Command;
       (III) the Afghan Air Force; or
       (IV) the Special Mission Wing of Afghanistan;

       (ii) a female member of any other entity of the Afghanistan 
     National Defense and Security Forces, including--

       (I) a cadet or instructor at the Afghanistan National 
     Defense University; and
       (II) a civilian employee of the Ministry of Defense or the 
     Ministry of Interior Affairs;

       (iii) an individual associated with former Afghan military 
     and police human intelligence activities, including operators 
     and Department of Defense sources;
       (iv) an individual associated with former Afghan military 
     counterintelligence, counterterrorism, or counternarcotics;
       (v) an individual associated with the former Afghan 
     Ministry of Defense, Ministry of Interior Affairs, or court 
     system, and who was involved in the investigation, 
     prosecution or detention of combatants or members of the 
     Taliban or criminal networks affiliated with the Taliban;
       (vi) an individual employed in the former justice sector in 
     Afghanistan as a judge, prosecutor, or investigator who was 
     engaged in rule of law activities for which the United States 
     provided funding or training; or
       (vii) a senior military officer, senior enlisted personnel, 
     or civilian official who served on the staff of the former 
     Ministry of Defense or the former Ministry of Interior 
     Affairs of Afghanistan; or
       (B) provided service to an entity or organization described 
     in subparagraph (A) for not less than 1 year during the 
     period beginning on December 22, 2001, and ending on 
     September 1, 2021, and did so in support of the United States 
     mission in Afghanistan.
       (2) Inclusions.--For purposes of this section, the 
     Afghanistan National Defense and Security Forces includes 
     members of the security forces under the Ministry of Defense 
     and the Ministry of Interior Affairs of the Islamic Republic 
     of Afghanistan, including the Afghanistan National Army, the 
     Afghan Air Force, the Afghanistan National Police, and any 
     other entity designated by the Secretary of Defense as part 
     of the Afghanistan National Defense and Security Forces 
     during the relevant period of service of the applicant 
     concerned.
       (b) Refugee Status for Afghan Allies.--
       (1) Designation as refugees of special humanitarian 
     concern.--Afghan allies shall be considered refugees of 
     special humanitarian concern under section 207 of the 
     Immigration and Nationality Act (8 U.S.C. 1157), until the 
     later of 10 years after the date of enactment of this Act or 
     upon determination by the Secretary of State, in consultation 
     with the Secretary of Defense and the Secretary, that such 
     designation is no longer in the interest of the United 
     States.
       (2) Third country presence not required.--Notwithstanding 
     section 101(a)(42) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(42)), the Secretary of State and the Secretary 
     shall, to the greatest extent possible, conduct remote 
     refugee processing for an Afghan ally located in Afghanistan.
       (c) Afghan Allies Referral Program.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act--
       (A) the Secretary of Defense, in consultation with the 
     Secretary of State, shall establish a process by which an 
     individual may apply to the Secretary of Defense for 
     classification as an Afghan ally and request a referral to 
     the United States Refugee Admissions Program; and
       (B) the head of any appropriate department or agency that 
     conducted operations in Afghanistan during the period 
     beginning on December 22, 2001, and ending on September 1, 
     2021, in consultation with the Secretary of State, may 
     establish a process by which an individual may apply to the 
     head of the appropriate department or agency for 
     classification as an Afghan ally and request a referral to 
     the United States Refugee Admissions Program.
       (2) Application system.--
       (A) In general.--The process established under paragraph 
     (1) shall--
       (i) include the development and maintenance of a secure 
     online portal through which applicants may provide 
     information verifying their status as Afghan allies and 
     upload supporting documentation; and
       (ii) allow--

       (I) an applicant to submit his or her own application;
       (II) a designee of an applicant to submit an application on 
     behalf of the applicant; and
       (III) in the case of an applicant who is outside the United 
     States, the submission of an application regardless of where 
     the applicant is located.

       (B) Use by other agencies.--The Secretary of Defense--
       (i) may enter into arrangements with the head of any other 
     appropriate department or agency so as to allow the 
     application system established under subparagraph (A) to be 
     used by such department or agency; and
       (ii) shall notify the Secretary of State of any such 
     arrangement.
       (3) Review process.--As soon as practicable after receiving 
     a request for classification and referral described in 
     paragraph (1), the head of the appropriate department or 
     agency shall--
       (A) review--
       (i) the service record of the applicant, if available;
       (ii) if the applicant provides a service record or other 
     supporting documentation, any information that helps verify 
     the service record concerned, including information or an 
     attestation provided by any current or former official of the 
     department or agency who has personal knowledge of the 
     eligibility of the applicant for such classification and 
     referral; and
       (iii) the data holdings of the department or agency and 
     other cooperating interagency partners, including as 
     applicable biographic and biometric records, iris scans, 
     fingerprints, voice biometric information, hand geometry 
     biometrics, other identifiable information, and any other 
     information related to the applicant, including relevant 
     derogatory information; and
       (B)(i) in a case in which the head of the department or 
     agency determines that the applicant is an Afghan ally 
     without significant derogatory information, refer the Afghan 
     ally to the United States Refugee Admissions Program as a 
     refugee; and
       (ii) include with such referral--

[[Page S3555]]

       (I) any service record concerned, if available;
       (II) if the applicant provides a service record, any 
     information that helps verify the service record concerned; 
     and
       (III) any biometrics for the applicant.

       (4) Review process for denial of request for referral.--
       (A) In general.--In the case of an applicant with respect 
     to whom the head of the appropriate department or agency 
     denies a request for classification and referral based on a 
     determination that the applicant is not an Afghan ally or 
     based on derogatory information--
       (i) the head of the department or agency shall provide the 
     applicant with a written notice of the denial that provides, 
     to the maximum extent practicable, a description of the basis 
     for the denial, including the facts and inferences, or 
     evidentiary gaps, underlying the individual determination; 
     and
       (ii) the applicant shall be provided an opportunity to 
     submit not more than 1 written appeal to the head of the 
     department or agency for each such denial.
       (B) Deadline for appeal.--An appeal under clause (ii) of 
     subparagraph (A) shall be submitted--
       (i) not more than 120 days after the date on which the 
     applicant concerned receives notice under clause (i) of that 
     subparagraph; or
       (ii) on any date thereafter, at the discretion of the head 
     of the appropriate department or agency.
       (C) Request to reopen.--
       (i) In general.--An applicant who receives a denial under 
     subparagraph (A) may submit a request to reopen a request for 
     classification and referral under the process established 
     under paragraph (1) so that the applicant may provide 
     additional information, clarify existing information, or 
     explain any unfavorable information.
       (ii) Limitation.--After considering 1 such request to 
     reopen from an applicant, the head of the appropriate 
     department or agency may deny subsequent requests to reopen 
     submitted by the same applicant.
       (5) Form and content of referral.--To the extent 
     practicable, the head of the appropriate department or agency 
     shall ensure that referrals made under this subsection--
       (A) conform to requirements established by the Secretary of 
     State for form and content; and
       (B) are complete and include sufficient contact 
     information, supporting documentation, and any other material 
     the Secretary of State or the Secretary consider necessary or 
     helpful in determining whether an applicant is entitled to 
     refugee status.
       (6) Termination.--The application process and referral 
     system under this subsection shall terminate upon the later 
     of 1 year before the termination of the designation under 
     subsection (b)(1) or on the date of a joint determination by 
     the Secretary of State and the Secretary of Defense, in 
     consultation with the Secretary, that such termination is in 
     the national interest of the United States.
       (d) General Provisions.--
       (1) Prohibition on fees.--The Secretary, the Secretary of 
     Defense, the Secretary of State, or the head of any 
     appropriate department or agency referring Afghan allies 
     under this section may not charge any fee in connection with 
     a request for a classification and referral as a refugee 
     under this section.
       (2) Defense personnel.--Any limitation in law with respect 
     to the number of personnel within the Office of the Secretary 
     of Defense, the military departments, or a Defense Agency (as 
     defined in section 101(a) of title 10, United States Code) 
     shall not apply to personnel employed for the primary purpose 
     of carrying out this section.
       (3) Representation.--An alien applying for admission to the 
     United States under this section may be represented during 
     the application process, including at relevant interviews and 
     examinations, by an attorney or other accredited 
     representative. Such representation shall not be at the 
     expense of the United States Government.
       (4) Protection of aliens.--The Secretary of State, in 
     consultation with the head of any other appropriate Federal 
     agency, shall make a reasonable effort to provide an alien 
     who has been classified as an Afghan ally and has been 
     referred as a refugee under this section protection or to 
     immediately remove such alien from Afghanistan, if possible.
       (5) Other eligibility for immigrant status.--No alien shall 
     be denied the opportunity to apply for admission under this 
     section solely because the alien qualifies as an immediate 
     relative or is eligible for any other immigrant 
     classification.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as necessary for each of fiscal 
     years 2024 through 2034 to carry out this section.
       (e) Rule of Construction.--Nothing in this section may be 
     construed to inhibit the Secretary of State from accepting 
     refugee referrals from any entity.

     SEC. 1405. IMPROVING EFFICIENCY AND OVERSIGHT OF REFUGEE AND 
                   SPECIAL IMMIGRANT PROCESSING.

       (a) Acceptance of Fingerprint Cards and Submissions of 
     Biometrics.--In addition to the methods authorized under the 
     heading relating to the Immigration and Naturalization 
     Service under title I of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act of 1998 (Public Law 105-119, 111 Stat. 
     2448; 8 U.S.C. 1103 note), and other applicable law, and 
     subject to such safeguards as the Secretary, in consultation 
     with the Secretary of State or the Secretary of Defense, as 
     appropriate, shall prescribe to ensure the integrity of the 
     biometric collection (which shall include verification of 
     identity by comparison of such fingerprints with fingerprints 
     taken by or under the direct supervision of the Secretary 
     prior to or at the time of the individual's application for 
     admission to the United States), the Secretary may, in the 
     case of any application for any benefit under the Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.), accept 
     fingerprint cards or any other submission of biometrics--
       (1) prepared by international or nongovernmental 
     organizations under an appropriate agreement with the 
     Secretary or the Secretary of State;
       (2) prepared by employees or contractors of the Department 
     of Homeland Security or the Department of State; or
       (3) provided by an agency (as defined under section 3502 of 
     title 44, United States Code).
       (b) Staffing.--
       (1) Vetting.--The Secretary of State, the Secretary, the 
     Secretary of Defense, and any other agency authorized to 
     carry out the vetting process under this title, shall each 
     ensure sufficient staffing, and request the resources 
     necessary, to efficiently and adequately carry out the 
     vetting of applicants for--
       (A) referral to the United States Refugee Admissions 
     Program, consistent with the determinations established under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157); and
       (B) special immigrant status.
       (2) Refugee resettlement.--The Secretary of Health and 
     Human Services shall ensure sufficient staffing to 
     efficiently provide assistance under chapter 2 of title IV of 
     the Immigration and Nationality Act (8 U.S.C. 1521 et seq.) 
     to refugees resettled in the United States.
       (c) Remote Processing.--Notwithstanding any other provision 
     of law, the Secretary of State and the Secretary shall employ 
     remote processing capabilities for refugee processing under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157), including secure digital file transfers, 
     videoconferencing and teleconferencing capabilities, remote 
     review of applications, remote interviews, remote collection 
     of signatures, waiver of the applicant's appearance or 
     signature (other than a final appearance and verification by 
     the oath of the applicant prior to or at the time of the 
     individual's application for admission to the United States), 
     waiver of signature for individuals under 5 years old, and 
     any other capability the Secretary of State and the Secretary 
     consider appropriate, secure, and likely to reduce processing 
     wait times at particular facilities.
       (d) Monthly Arrival Reports.--With respect to monthly 
     reports issued by the Secretary of State relating to United 
     States Refugee Admissions Program arrivals, the Secretary of 
     State shall report--
       (1) the number of monthly admissions of refugees, 
     disaggregated by priorities; and
       (2) the number of Afghan allies admitted as refugees.
       (e) Interagency Task Force on Afghan Ally Strategy.--
       (1) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the President shall establish 
     an Interagency Task Force on Afghan Ally Strategy (referred 
     to in this section as the ``Task Force'')--
       (A) to develop and oversee the implementation of the 
     strategy and contingency plan described in subparagraph 
     (A)(i) of paragraph (4); and
       (B) to submit the report, and provide a briefing on the 
     report, as described in subparagraphs (A) and (B) of 
     paragraph (4).
       (2) Membership.--
       (A) In general.--The Task Force shall include--
       (i) 1 or more representatives from each relevant Federal 
     agency, as designated by the head of the applicable relevant 
     Federal agency; and
       (ii) any other Federal Government official designated by 
     the President.
       (B) Relevant federal agency defined.--In this paragraph, 
     the term ``relevant Federal agency'' means--
       (i) the Department of State;
       (ii) the Department Homeland Security;
       (iii) the Department of Defense;
       (iv) the Department of Health and Human Services;
       (v) the Department of Justice; and
       (vi) the Office of the Director of National Intelligence.
       (3) Chair.--The Task Force shall be chaired by the 
     Secretary of State.
       (4) Duties.--
       (A) Report.--
       (i) In general.--Not later than 180 days after the date on 
     which the Task Force is established, the Task Force, acting 
     through the chair of the Task Force, shall submit a report to 
     the appropriate committees of Congress that includes--

       (I) a strategy for facilitating the resettlement of 
     nationals of Afghanistan outside the United States who, 
     during the period beginning on October 1, 2001, and ending on 
     September 1, 2021, directly and personally supported the 
     United States mission in Afghanistan, as determined by the 
     Secretary of State in consultation with the Secretary of 
     Defense; and
       (II) a contingency plan for future emergency operations in 
     foreign countries involving foreign nationals who have worked 
     directly with the United States Government, including the 
     Armed Forces of the United

[[Page S3556]]

     States and United States intelligence agencies.

       (ii) Elements.--The report required under clause (i) shall 
     include--

       (I) the total number of nationals of Afghanistan who have 
     pending specified applications, disaggregated by--

       (aa) such nationals in Afghanistan and such nationals in a 
     third country;
       (bb) type of specified application; and
       (cc) applications that are documentarily complete and 
     applications that are not documentarily complete;

       (II) an estimate of the number of nationals of Afghanistan 
     who may be eligible for special immigrant status or 
     classification as an Afghan ally;
       (III) with respect to the strategy required under 
     subparagraph (A)(i)(I)--

       (aa) the estimated number of nationals of Afghanistan 
     described in such subparagraph;
       (bb) a description of the process for safely resettling 
     such nationals of Afghanistan;
       (cc) a plan for processing such nationals of Afghanistan 
     for admission to the United States that--
       (AA) discusses the feasibility of remote processing for 
     such nationals of Afghanistan residing in Afghanistan;
       (BB) includes any strategy for facilitating refugee and 
     consular processing for such nationals of Afghanistan in 
     third countries, and the timelines for such processing;
       (CC) includes a plan for conducting rigorous and efficient 
     vetting of all such nationals of Afghanistan for processing;
       (DD) discusses the availability and capacity of sites in 
     third countries to process applications and conduct any 
     required vetting for such nationals of Afghanistan, including 
     the potential to establish additional sites; and
       (EE) includes a plan for providing updates and necessary 
     information to affected individuals and relevant 
     nongovernmental organizations;
       (dd) a description of considerations, including resource 
     constraints, security concerns, missing or inaccurate 
     information, and diplomatic considerations, that limit the 
     ability of the Secretary of State or the Secretary to 
     increase the number of such nationals of Afghanistan who can 
     be safely processed or resettled;
       (ee) an identification of any resource or additional 
     authority necessary to increase the number of such nationals 
     of Afghanistan who can be processed or resettled;
       (ff) an estimate of the cost to fully implement the 
     strategy; and
       (gg) any other matter the Task Force considers relevant to 
     the implementation of the strategy;

       (IV) with respect to the contingency plan required by 
     clause (i)(II)--

       (aa) a description of the standard practices for screening 
     and vetting foreign nationals considered to be eligible for 
     resettlement in the United States, including a strategy for 
     vetting, and maintaining the records of, such foreign 
     nationals who are unable to provide identification documents 
     or biographic details due to emergency circumstances;
       (bb) a strategy for facilitating refugee or consular 
     processing for such foreign nationals in third countries;
       (cc) clear guidance with respect to which Federal agency 
     has the authority and responsibility to coordinate Federal 
     resettlement efforts;
       (dd) a description of any resource or additional authority 
     necessary to coordinate Federal resettlement efforts, 
     including the need for a contingency fund;
       (ee) any other matter the Task Force considers relevant to 
     the implementation of the contingency plan; and

       (V) a strategy for the efficient processing of all Afghan 
     special immigrant visa applications and appeals, including--

       (aa) a review of current staffing levels and needs across 
     all interagency offices and officials engaged in the special 
     immigrant visa process;
       (bb) an analysis of the expected Chief of Mission approvals 
     and denials of applications in the pipeline in order to 
     project the expected number of visas necessary to provide 
     special immigrant status to all approved applicants under 
     this title during the several years after the date of the 
     enactment of this Act;
       (cc) an assessment as to whether adequate guidelines exist 
     for reconsidering or reopening applications for special 
     immigrant visas in appropriate circumstances and consistent 
     with applicable laws; and
       (dd) an assessment of the procedures throughout the special 
     immigrant visa application process, including at the 
     Portsmouth Consular Center, and the effectiveness of 
     communication between the Portsmouth Consular Center and 
     applicants, including an identification of any area in which 
     improvements to the efficiency of such procedures and 
     communication may be made.
       (iii) Form.--The report required under clause (i) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       (B) Briefing.--Not later than 60 days after submitting the 
     report required by clause (i), the Task Force shall brief the 
     appropriate committees of Congress on the contents of the 
     report.
       (5) Termination.--The Task Force shall remain in effect 
     until the later of--
       (A) the date on which the strategy required under paragraph 
     (4)(A)(i)(I) has been fully implemented;
       (B) the date of a determination by the Secretary of State, 
     in consultation with the Secretary of Defense and the 
     Secretary, that a task force is no longer necessary for the 
     implementation of subparagraphs (A) and (B) of paragraph (1); 
     or
       (C) the date that is 10 years after the date of the 
     enactment of this Act.
       (f) Improving Consultation With Congress.--Section 207 of 
     the Immigration and Nationality Act (8 U.S.C. 1157) is 
     amended--
       (1) in subsection (a), by amending paragraph (4) to read as 
     follows:
       ``(4)(A) In the determination made under this subsection 
     for each fiscal year (beginning with fiscal year 1992), the 
     President shall enumerate, with the respective number of 
     refugees so determined, the number of aliens who were granted 
     asylum in the previous year.
       ``(B) In making a determination under paragraph (1), the 
     President shall consider the information in the most recently 
     published projected global resettlement needs report 
     published by the United Nations High Commissioner for 
     Refugees.'';
       (2) in subsection (e), by amending paragraph (2) to read as 
     follows:
       ``(2) A description of the number and allocation of the 
     refugees to be admitted, including the expected allocation by 
     region, and an analysis of the conditions within the 
     countries from which they came.''; and
       (3) by adding at the end the following--
       ``(g) Quarterly Reports on Admissions.--Not later than 30 
     days after the last day of each quarter beginning the fourth 
     quarter of fiscal year 2024, the President shall submit to 
     the Committee on Homeland Security and Governmental Affairs, 
     the Committee on the Judiciary, and the Committee on Foreign 
     Relations of the Senate and the Committee on Homeland 
     Security, the Committee on the Judiciary, and the Committee 
     on Foreign Affairs of the House of Representatives a report 
     that includes the following:
       ``(1) Refugees admitted.--
       ``(A) The number of refugees admitted to the United States 
     during the preceding quarter.
       ``(B) The cumulative number of refugees admitted to the 
     United States during the applicable fiscal year, as of the 
     last day of the preceding quarter.
       ``(C) The number of refugees expected to be admitted to the 
     United States during the remainder of the applicable fiscal 
     year.
       ``(D) The number of refugees from each region admitted to 
     the United States during the preceding quarter.
       ``(2) Refugee applicants with pending security checks.--
       ``(A) The number of aliens, by nationality, security check, 
     and responsible vetting agency, for whom a National Vetting 
     Center or other security check has been requested during the 
     preceding quarter, and the number of aliens, by nationality, 
     for whom the check was pending beyond 30 days.
       ``(B) The number of aliens, by nationality, security check, 
     and responsible vetting agency, for whom a National Vetting 
     Center or other security check has been pending for more than 
     180 days.
       ``(3) Circuit rides.--
       ``(A) For the preceding quarter--
       ``(i) the number of Refugee Corps officers deployed on 
     circuit rides and the overall number of Refugee Corps 
     officers;
       ``(ii) the number of individuals interviewed--

       ``(I) on each circuit ride; and
       ``(II) at each circuit ride location;

       ``(iii) the number of circuit rides; and
       ``(iv) for each circuit ride, the duration of the circuit 
     ride.
       ``(B) For the subsequent 2 quarters--
       ``(i) the number of circuit rides planned; and
       ``(ii) the number of individuals planned to be interviewed.
       ``(4) Processing.--
       ``(A) For refugees admitted to the United States during the 
     preceding quarter, the average number of days between--
       ``(i) the date on which an individual referred to the 
     United States Government as a refugee applicant is 
     interviewed by the Secretary of Homeland Security; and
       ``(ii) the date on which such individual is admitted to the 
     United States.
       ``(B) For refugee applicants interviewed by the Secretary 
     of Homeland Security in the preceding quarter, the approval, 
     denial, recommended approval, recommended denial, and hold 
     rates for the applications for admission of such individuals, 
     disaggregated by nationality.''.

     SEC. 1406. SUPPORT FOR CERTAIN VULNERABLE AFGHANS RELATING TO 
                   EMPLOYMENT BY OR ON BEHALF OF THE UNITED 
                   STATES.

       (a) Special Immigrant Visas for Certain Relatives of 
     Certain Members of the Armed Forces.--
       (1) In general.--Section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)) is amended--
       (A) in subparagraph (L)(iii), by adding a semicolon at the 
     end;
       (B) in subparagraph (M), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(N) a citizen or national of Afghanistan who is the 
     parent or brother or sister of--
       ``(i) a member of the armed forces (as defined in section 
     101(a) of title 10, United States Code); or
       ``(ii) a veteran (as defined in section 101 of title 38, 
     United States Code).''.
       (2) Numerical limitations.--
       (A) In general.--Subject to subparagraph (C), the total 
     number of principal aliens who may be provided special 
     immigrant visas

[[Page S3557]]

     under subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), as 
     added by paragraph (1), may not exceed 2,500 each fiscal 
     year.
       (B) Carryover.--If the numerical limitation specified in 
     subparagraph (A) is not reached during a given fiscal year, 
     the numerical limitation specified in such subparagraph for 
     the following fiscal year shall be increased by a number 
     equal to the difference between--
       (i) the numerical limitation specified in subparagraph (A) 
     for the given fiscal year; and
       (ii) the number of principal aliens provided special 
     immigrant visas under subparagraph (N) of section 101(a)(27) 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) 
     during the given fiscal year.
       (C) Maximum number of visas.--The total number of aliens 
     who may be provided special immigrant visas under 
     subparagraph (N) of section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)) shall not exceed 
     10,000.
       (D) Duration of authority.--The authority to issue visas 
     under subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) 
     shall--
       (i) commence on the date of the enactment of this Act; and
       (ii) terminate on the date on which all such visas are 
     exhausted.
       (b) Certain Afghans Injured or Killed in the Course of 
     Employment.--Section 602(b) of the Afghan Allies Protection 
     Act of 2009 (8 U.S.C. 1101 note; Public Law 111-8) is 
     amended--
       (1) in paragraph (2)(A)--
       (A) by amending clause (ii) to read as follows:
       ``(ii)(I) was or is employed in Afghanistan on or after 
     October 7, 2001, for not less than 1 year--

       ``(aa) by, or on behalf of, the United States Government; 
     or
       ``(bb) by the International Security Assistance Force (or 
     any successor name for such Force) in a capacity that 
     required the alien--

       ``(AA) while traveling off-base with United States military 
     personnel stationed at the International Security Assistance 
     Force (or any successor name for such Force), to serve as an 
     interpreter or translator for such United States military 
     personnel; or
       ``(BB) to perform activities for the United States military 
     personnel stationed at International Security Assistance 
     Force (or any successor name for such Force); or
       ``(II) in the case of an alien who was wounded or seriously 
     injured in connection with employment described in subclause 
     (I), was employed for any period until the date on which such 
     wound or injury occurred, if the wound or injury prevented 
     the alien from continuing such employment;''; and
       (B) in clause (iii), by striking ``clause (ii)'' and 
     inserting ``clause (ii)(I)'';
       (2) in paragraph (13)(A)(i), by striking ``subclause (I) or 
     (II)(bb) of paragraph (2)(A)(ii)'' and inserting ``item (aa) 
     or (bb)(BB) of paragraph (2)(A)(ii)(I)'';
       (3) in paragraph (14)(C), by striking ``paragraph 
     (2)(A)(ii)'' and inserting ``paragraph (2)(A)(ii)(I)''; and
       (4) in paragraph (15), by striking ``paragraph (2)(A)(ii)'' 
     and inserting ``paragraph (2)(A)(ii)(I)''.
       (c) Extension of Special Immigrant Visa Program Under 
     Afghan Allies Protection Act of 2009.--Section 602(b) of the 
     Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
     Public Law 111-8) is amended--
       (1) in paragraph (3)(F)--
       (A) in the subparagraph heading, by striking ``Fiscal years 
     2015 through 2022'' and inserting ``Fiscal years 2015 through 
     2029''; and
       (B) in clause (i), by striking ``December 31, 2024'' and 
     inserting ``December 31, 2029''; and
       (C) in clause (ii), by striking ``December 31, 2024'' and 
     inserting ``December 31, 2029''; and
       (2) in paragraph (13), in the matter preceding subparagraph 
     (A), by striking ``January 31, 2024'' and inserting ``January 
     31, 2030''.
       (d) Authorization of Virtual Interviews.--Section 602(b)(4) 
     of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 
     note; Public Law 111-8;) is amended by adding at the end the 
     following:
       ``(D) Virtual interviews.--Notwithstanding section 222(e) 
     of the Immigration and Nationality Act (8 U.S.C. 1202(e)), an 
     application for an immigrant visa under this section may be 
     signed by the applicant through a virtual video meeting 
     before a consular officer and verified by the oath of the 
     applicant administered by the consular officer during a 
     virtual video meeting.''.
       (e) Quarterly Reports.--Paragraph (12) of section 602(b) of 
     the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
     Public Law 111-8) is amended is amended to read as follows:
       ``(12) Quarterly reports.--
       ``(A) Report to congress.--Not later than 120 days after 
     the date of enactment of the FAA Reauthorization Act of 2024 
     and every 90 days thereafter, the Secretary of State and the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of Defense, shall submit to the appropriate 
     committees of Congress a report that includes the following:
       ``(i) For the preceding quarter--

       ``(I) a description of improvements made to the processing 
     of special immigrant visas and refugee processing for 
     citizens and nationals of Afghanistan;
       ``(II) the number of new Afghan referrals to the United 
     States Refugee Admissions Program, disaggregated by referring 
     entity;
       ``(III) the number of interviews of Afghans conducted by 
     U.S. Citizenship and Immigration Services, disaggregated by 
     the country in which such interviews took place;
       ``(IV) the number of approvals and the number of denials of 
     refugee status requests for Afghans;
       ``(V) the number of total admissions to the United States 
     of Afghan refugees;
       ``(VI) number of such admissions, disaggregated by whether 
     the refugees come from within, or outside of, Afghanistan;
       ``(VII) the average processing time for citizens and 
     nationals of Afghanistan who are applicants;
       ``(VIII) the number of such cases processed within such 
     average processing time; and
       ``(IX) the number of denials issued with respect to 
     applications by citizens and nationals of Afghanistan.

       ``(ii) The number of applications by citizens and nationals 
     of Afghanistan for refugee referrals pending as of the date 
     of submission of the report.
       ``(iii) A description of the efficiency improvements made 
     in the process by which applications for special immigrant 
     visas under this subsection are processed, including 
     information described in clauses (iii) through (viii) of 
     paragraph (11)(B).
       ``(B) Form of report.--Each report required by subparagraph 
     (A) shall be submitted in unclassified form but may contain a 
     classified annex.
       ``(C) Public posting.--The Secretary of State shall publish 
     on the website of the Department of State the unclassified 
     portion of each report submitted under subparagraph (A).''.
       (f) General Provisions.--
       (1) Prohibition on fees.--The Secretary, the Secretary of 
     Defense, or the Secretary of State may not charge any fee in 
     connection with an application for, or issuance of, a special 
     immigrant visa or special immigrant status under--
       (A) section 602 of the Afghan Allies Protection Act of 2009 
     (8 U.S.C. 1101 note; Public Law 111-8);
       (B) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
     163); or
       (C) subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), as 
     added by subsection (a)(1).
       (2) Defense personnel.--Any limitation in law with respect 
     to the number of personnel within the Office of the Secretary 
     of Defense, the military departments, or a Defense Agency (as 
     defined in section 101(a) of title 10, United States Code) 
     shall not apply to personnel employed for the primary purpose 
     of carrying out this section.
       (3) Protection of aliens.--The Secretary of State, in 
     consultation with the head of any other appropriate Federal 
     agency, shall make a reasonable effort to provide an alien 
     who is seeking status as a special immigrant under 
     subparagraph (N) of section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)), as added by 
     subsection (a)(1), protection or to immediately remove such 
     alien from Afghanistan, if possible.
       (4) Resettlement support.--A citizen or national of 
     Afghanistan who is admitted to the United States under this 
     section or an amendment made by this section shall be 
     eligible for resettlement assistance, entitlement programs, 
     and other benefits available to refugees admitted under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157) to the same extent, and for the same periods of time, 
     as such refugees.

     SEC. 1407. SUPPORT FOR ALLIES SEEKING RESETTLEMENT IN THE 
                   UNITED STATES.

       Notwithstanding any other provision of law, during the 
     period beginning on the date of the enactment of this Act and 
     ending on the date that is 10 years thereafter, the Secretary 
     and the Secretary of State may waive any fee or surcharge or 
     exempt individuals from the payment of any fee or surcharge 
     collected by the Department of Homeland Security and the 
     Department of State, respectively, in connection with a 
     petition or application for, or issuance of, an immigrant 
     visa to a national of Afghanistan under section 
     201(b)(2)(A)(i) or 203(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(b)(2)(A)(i) and 1153(a)), respectively.

     SEC. 1408. REPORTING.

       (a) Quarterly Reports.--Beginning on January 1, 2028, not 
     less frequently than quarterly, the Secretary shall submit to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives a 
     report that includes, for the preceding quarter--
       (1) the number of individuals granted conditional permanent 
     resident status under section 1403, disaggregated by the 
     number of such individuals for whom conditions have been 
     removed;
       (2) the number of individuals granted conditional permanent 
     resident status under section 1403 who have been determined 
     to be ineligible for removal of conditions (and the reasons 
     for such determination); and
       (3) the number of individuals granted conditional permanent 
     resident status under section 1403 for whom no such 
     determination has been made (and the reasons for the lack of 
     such determination).
       (b) Annual Reports.--Not less frequently than annually, the 
     Secretary, in consultation with the Attorney General, shall 
     submit to the appropriate committees of Congress a report 
     that includes for the preceding year,

[[Page S3558]]

     with respect to individuals granted conditional permanent 
     resident status under section 1403--
       (1) the number of such individuals who are placed in 
     removal proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) charged with a ground of 
     deportability under subsection (a)(2) of section 237 of that 
     Act (8 U.S.C. 1227), disaggregated by each applicable ground 
     under that subsection;
       (2) the number of such individuals who are placed in 
     removal proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) charged with a ground of 
     deportability under subsection (a)(3) of section 237 of that 
     Act (8 U.S.C. 1227), disaggregated by each applicable ground 
     under that subsection;
       (3) the number of final orders of removal issued pursuant 
     to proceedings described in paragraphs (1) and (2), 
     disaggregated by each applicable ground of deportability;
       (4) the number of such individuals for whom such 
     proceedings are pending, disaggregated by each applicable 
     ground of deportability; and
       (5) a review of the available options for removal from the 
     United States, including any changes in the feasibility of 
     such options during the preceding year.

     SEC. 1409. RULE OF CONSTRUCTION.

       Except as expressly described in this title or an amendment 
     made by this title, nothing in this title or an amendment 
     made by this title may be construed to modify, expand, or 
     limit any law or authority to process or admit refugees under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157) or applicants for an immigrant visa under the 
     immigration laws.
                                 ______
                                 
  SA 2023. Mr. SCHATZ (for himself, Mr. Van Hollen, Mr. Welch, Mr. 
Padilla, Mr. Sanders, Ms. Hirono, Mr. Warnock, and Mr. Ossoff) 
submitted an amendment intended to be proposed to amendment SA 1911 
proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. 
Moran) to the bill H.R. 3935, to amend title 49, United States Code, to 
reauthorize and improve the Federal Aviation Administration and other 
civil aviation programs, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

            DIVISION B--SUPPLEMENTAL DISASTER APPROPRIATIONS

        The following sums are hereby are appropriated, out of any 
     money in the Treasury not otherwise appropriated, for the 
     fiscal year ending September 30, 2024, and for other 
     purposes, namely:

                                TITLE I

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development

                       community development fund

       For an additional amount for ``Community Development 
     Fund'', $3,500,000,000, to remain available until expended, 
     for the same purposes and under the same terms and conditions 
     as funds appropriated under such heading in title VIII of the 
     Disaster Relief Supplemental Appropriations Act, 2022 
     (division B of Public Law 117-43; 135 Stat. 369), except that 
     such amounts shall be for major disasters that occurred in 
     2023 or 2024 and the fourth, 20th, and 21st provisos under 
     such heading in such Act shall not apply:  Provided, That of 
     the amounts made available under this heading in this Act, 
     $5,000,000 shall be made available for capacity building and 
     technical assistance, including assistance on contracting and 
     procurement processes, to support States, units of general 
     local government, or Indian tribes, and subrecipients that 
     receive allocations related to major disasters under this 
     heading in this Act and allocations for disaster recovery in 
     any prior or future Acts:  Provided further, That of the 
     amounts made available under this heading in this Act, 
     $10,000,000 shall be transferred to ``Department of Housing 
     and Urban Development--Program Office Salaries and Expenses--
     Community Planning and Development'' for necessary costs, 
     including information technology costs, of administering and 
     overseeing the obligation and expenditure of amounts made 
     available under the heading ``Community Development Fund'' in 
     this Act or any prior or future Act that makes amounts 
     available for purposes related to major disasters under such 
     heading:  Provided further, That of the amounts made 
     available under this heading in this Act, $3,000,000 shall be 
     transferred to ``Department of Housing and Urban 
     Development--Office of Inspector General'' for necessary 
     costs of overseeing and auditing funds amounts made available 
     under the heading ``Community Development Fund'' in this Act 
     or any prior or future Act that makes amounts available for 
     purposes related to major disasters under such heading:  
     Provided further, That amounts made available under this 
     heading in this Act may be used by a grantee to assist 
     utilities as part of a disaster-related eligible activity 
     under section 105(a) of the Housing and Community Development 
     Act of 1974 (42 U.S.C. 5305(a)):  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                                TITLE II

                           BUDGETARY EFFECTS


                            budgetary effect

       Sec. 2001.  (a) Statutory PAYGO Scorecards.--The budgetary 
     effects of this division shall not be entered on either PAYGO 
     scorecard maintained pursuant to section 4(d) of the 
     Statutory Pay As-You-Go Act of 2010.
       (b) Senate PAYGO Scorecards.--The budgetary effects of this 
     division shall not be entered on any PAYGO scorecard 
     maintained for purposes of section 4106 of H. Con. Res. 71 
     (115th Congress).
       (c) Classification of Budgetary Effects.--Notwithstanding 
     Rule 3 of the Budget Scorekeeping Guidelines set forth in the 
     joint explanatory statement of the committee of conference 
     accompanying Conference Report 105-217 and section 250(c)(7) 
     and (c)(8) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, the budgetary effects of this division 
     shall be estimated for purposes of section 251 of such Act.
                                 ______
                                 
  SA 2024. Mr. LUJAN (for himself, Mr. Welch, Mr. Vance, Mr. Wicker, 
Mr. Daines, and Ms. Rosen) submitted an amendment intended to be 
proposed to amendment SA 1911 proposed by Ms. Cantwell (for herself, 
Mr. Cruz, Ms. Duckworth, and Mr. Moran) to the bill H.R. 3935, to amend 
title 49, United States Code, to reauthorize and improve the Federal 
Aviation Administration and other civil aviation programs, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                   TITLE XIV--COMMUNICATIONS MATTERS

     SEC. 1401. ADDITIONAL ``RIP AND REPLACE'' FUNDING.

       (a) Increase in Expenditure Limit.--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''.
       (b) 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).

     SEC. 1402. IMPROVING THE AFFORDABLE CONNECTIVITY PROGRAM.

       (a) Improving Verification of Eligibility.--
       (1) Required use of national verifier to determine 
     eligibility.--Section 904 of division N of the Consolidated 
     Appropriations Act, 2021 (47 U.S.C. 1752) is amended--
       (A) in subsection (a)(6)(C), by striking ``or the 
     participating provider verifies eligibility under subsection 
     (a)(2)(B)''; and
       (B) in subsection (b)(2), by striking ``shall'' and all 
     that follows and inserting the following: ``shall use the 
     National Verifier or National Lifeline Accountability 
     Database.''.
       (2) Repeal of eligibility through a provider's existing 
     low-income program.--Section 904(a)(6) of division N of the 
     Consolidated Appropriations Act, 2021 (47 U.S.C. 1752(a)(6)) 
     is amended--
       (A) in subparagraph (C), by adding ``or'' at the end;
       (B) by striking subparagraph (D); and
       (C) by redesignating subparagraph (E) as subparagraph (D).
       (3) Limitation on eligibility through the community 
     eligibility provision of the free lunch program and the free 
     school breakfast program.--Section 904(a)(6) of division N of 
     the Consolidated Appropriations Act, 2021 (47 U.S.C. 
     1752(a)(6)) is amended by striking subparagraph (B) and 
     inserting the following:
       ``(B) at least 1 member of the household--
       ``(i) is eligible for and receives--

       ``(I) free or reduced price lunch under the school lunch 
     program school established under the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.); or
       ``(II) free or reduced price breakfast under the school 
     breakfast program established under section 4 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1773); and

       ``(ii) attends a school the local educational agency of 
     which does not elect to receive special assistance payments 
     under section 11(a)(1)(F) of the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1759a(a)(1)(F)).''.
       (4) Reduction of eligible households.--Section 904(a)(6)(A) 
     of division N of the Consolidated Appropriations Act, 2021 
     (47 U.S.C. 1752(a)(6)(A)) is amended by striking ``except 
     that'' and all that follows and inserting a semicolon.
       (5) Effective date; rules.--
       (A) Definitions.--In this paragraph--
       (i) the terms ``affordable connectivity benefit'', 
     ``Commission'', ``eligible household'', and ``participating 
     provider'' have the meanings given those terms in section 
     904(a) of division N of the Consolidated Appropriations Act, 
     2021 (47 U.S.C. 1752(a)), as amended by this subsection; and
       (ii) the term ``Affordable Connectivity Program'' means the 
     program established under section 904(b)(1) of division N of 
     the Consolidated Appropriations Act, 2021 (47 U.S.C. 
     1752(b)(1)).
       (B) Effective date.--Except as provided in subparagraph 
     (C), the amendments made by this subsection shall take effect 
     on the date of enactment of this Act.

[[Page S3559]]

       (C) Enrolled households.--A household that received the 
     affordable connectivity benefit as of April 30, 2024, but is 
     no longer an eligible household by reason of the amendments 
     made by this subsection shall nonetheless be treated an 
     eligible household until the date that is 180 days after the 
     date of enactment of this Act.
       (D) Updating rules.--Not later than 180 days after the date 
     of enactment of this Act, the Commission shall update the 
     rules of the Commission relating to the Affordable 
     Connectivity Program to implement the amendments made by this 
     subsection.
       (E) Re-certification.--During the period beginning on the 
     date on which the Commission updates the rules under 
     subparagraph (D) and ending on the date that is 240 days 
     after the date of enactment of this Act, a participating 
     provider or the Administrator of the Universal Service 
     Administrative Company, as applicable, shall re-certify the 
     eligibility of a household for the Affordable Connectivity 
     Program in accordance with section 54.1806(f) of title 47, 
     Code of Federal Regulations, or any successor regulation, 
     based on the amendments made by this subsection.
       (b) Repeal of Affordable Connectivity Program Device 
     Subsidy.--Section 904 of division N of the Consolidated 
     Appropriations Act, 2021 (47 U.S.C. 1752) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (4); and
       (B) by redesignating paragraphs (5) through (11) as 
     paragraphs (4) through (10), respectively; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``, or an affordable 
     connectivity benefit and a connected device,'';
       (B) in paragraph (2), by striking ``subsection (b)(6)(C)'' 
     and inserting ``subsection (b)(5)(C)'';
       (C) by striking paragraph (5);
       (D) by redesignating paragraphs (6) through (15) as 
     paragraphs (5) through (14), respectively;
       (E) by amending paragraph (5), as so redesignated, to read 
     as follows:
       ``(5) Certification required.--To receive a reimbursement 
     under paragraph (4), a participating provider shall certify 
     to the Commission that each eligible household for which the 
     participating provider is seeking reimbursement for providing 
     an internet service offering discounted by the affordable 
     connectivity benefit--
       ``(A) will not be required to pay an early termination fee 
     if such eligible household elects to enter into a contract to 
     receive such internet service offering if such household 
     later terminates such contract;
       ``(B) was not, after December 27, 2020, subject to a 
     mandatory waiting period for such internet service offering 
     based on having previously received broadband internet access 
     service from such participating provider; and
       ``(C) will otherwise be subject to the participating 
     provider's generally applicable terms and conditions as 
     applied to other customers.'';
       (F) in paragraph (11), as so redesignated--
       (i) in subparagraph (D), by striking ``a connected device 
     or a reimbursement for'';
       (ii) by striking subparagraph (E);
       (iii) by redesignating subparagraphs (F) and (G) as 
     subparagraphs (E) and (F), respectively; and
       (iv) in subparagraph (F), as so redesignated, by striking 
     ``subsection (a)(6)'' and inserting ``subsection (a)(5)''; 
     and
       (G) in paragraph (13), as so redesignated, by striking 
     ``paragraph (12)'' and inserting ``paragraph (11)''.
       (c) Antifraud Controls, Performance Goals, and Measures.--
     Section 904 of division N of the Consolidated Appropriations 
     Act, 2021 (47 U.S.C. 1752) is amended by adding at the end 
     the following:
       ``(k) Antifraud Controls, Performance Goals, and 
     Measures.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Commission shall develop 
     and implement antifraud controls, performance goals, and 
     performance measures for the Affordable Connectivity Program, 
     and in doing so, shall consider the recommendations submitted 
     by the Comptroller General of the United States to the 
     Commission in the report entitled `Affordable Broadband: FCC 
     Could Improve Performance Goals and Measures, Consumer 
     Outreach, and Fraud Risk Management', publicly released 
     January 25, 2023 (GAO-23-105399).''.
       (d) Report on Effectiveness.--Not later than 1 year after 
     the date of enactment of this Act, the Inspector General of 
     the Federal Communications Commission shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives a report analyzing the effects of this 
     section, including the amendments made by this section, with 
     respect to improving the efficiency and quality of the 
     Affordable Connectivity Program established under section 904 
     of division N of the Consolidated Appropriations Act, 2021 
     (47 U.S.C. 1752).
       (e) Appropriation of Funds.--Section 904(i)(2) of division 
     N of the Consolidated Appropriations Act, 2021 (47 U.S.C. 
     1752(i)(2)) is amended--
       (1) in the paragraph heading, by striking ``Appropriation'' 
     and inserting ``Appropriations'';
       (2) by striking ``There is'' and inserting the following:
       ``(A) Fiscal year 2021.--There is''; and
       (3) by adding at the end the following:
       ``(B) Fiscal year 2024.--There is appropriated to the 
     Affordable Connectivity Fund, out of any money in the 
     Treasury not otherwise appropriated, $6,000,000,000 for 
     fiscal year 2024, to remain available until expended.''.

     SEC. 1403. REAUCTION OF CERTAIN LICENSES.

       (a) FCC Reauction Authority.--Not later than 2 years after 
     the date of enactment of this Act, the Federal Communications 
     Commission, 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--
       (1) shall initiate 1 or more systems of competitive bidding 
     under that section to grant licenses for--
       (A) the bands referred to by the Commission as the ``AWS-3 
     bands''; and
       (B) any other unassigned spectrum bands with respect to 
     which the Commission previously offered licenses in 
     competitive bidding, as determined appropriate by the 
     Commission; and
       (2) shall initiate 1 or more systems of competitive bidding 
     under that section to grant licenses for any unassigned 
     spectrum bands, other than the bands auctioned under 
     paragraph (1), with respect to which the Commission--
       (A) previously offered licenses in competitive bidding; and
       (B) determines there is sufficient current demand.
       (b) Completion of Reauction.--The Federal Communications 
     Commission shall complete each 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 2025. Mr. YOUNG submitted an amendment intended to be proposed to 
amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms. 
Duckworth, and Mr. Moran) to the bill H.R. 3935, to amend title 49, 
United States Code, to reauthorize and improve the Federal Aviation 
Administration and other civil aviation programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. GPS MONITORING PILOT PROGRAM.

       (a) Establishment.--The Administrator shall conduct a pilot 
     program to evaluate technologies to detect, measure, and 
     locate disrupting sources of interference to the GPS Standard 
     Positioning Service in order to mitigate the impacts on air 
     commerce and other related government and civilian functions 
     within the air traffic management ecosystem.
       (b) Evaluation of Technologies.--
       (1) Types of technologies.--The pilot program shall 
     evaluate commercially available technologies, as well as 
     technologies under development by the FAA, the Department of 
     Transportation, the Department of Defense, the Department of 
     Homeland Security, and the National Aeronautics and Space 
     Administration.
       (2) Scope.--The pilot program shall consider technologies 
     that have both physical electronics equipment and software 
     components, as well as technologies with only software 
     components.
       (c) Number of Evaluation Sites.--The pilot program shall 
     evaluate technologies for the purposes described in 
     subsection (a) at not less than 5, and not more than 7, 
     airports unless the Administrator determines that additional 
     evaluation sites are needed to carry out the pilot program.
       (d) Location of Evaluation Sites.--
       (1) In general.--The pilot program shall be conducted at 
     each of the following types of airports:
       (A) A primary airport in Class B airspace.
       (B) A primary airport in Class C airspace.
       (C) A primary airport in Class D airspace.
       (D) An airport in Class E airspace.
       (E) A Joint-Use Airport.
       (2) Documented interference.--In determining whether an 
     airport should be an evaluation site for the pilot program, 
     the Administrator shall consider airports described in 
     paragraph (1) that have experienced documented instances of 
     interference to the GPS Standard Positioning Service during 
     the 5-year period ending with the date of enactment of this 
     section.
       (e) Private Sector Participation.--The Administrator shall 
     collaborate with the private sector, including providers of 
     technology that can cost-effectively implement a capability 
     to potentially mitigate the impacts of GPS Standard 
     Positioning Service interference on air commerce.
       (f) Congressional Briefings.--Beginning 12 months after the 
     date of enactment of this section, and annually thereafter 
     until the date on which the report required by subsection (g) 
     is submitted, the Administrator shall provide the appropriate 
     committees of Congress with a briefing summarizing the status 
     of, and findings from, the pilot program.
       (g) Report.--Not later than 180 days after the date on 
     which the pilot program is terminated, the Administrator 
     shall provide a report to the appropriate committees of 
     Congress on the results of the pilot program.

[[Page S3560]]

       (h) GPS Standard Positioning Service Defined.--In this 
     section, the term ``GPS Standard Positioning Service'' has 
     the meaning given such term in section 2281(d)(2) of title 
     10, United States Code.
                                 ______
                                 
  SA 2026. Mr. SCHUMER proposed an amendment to amendment SA 1911 
proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. 
Moran) to the bill H.R. 3935, to amend title 49, United States Code, to 
reauthorize and improve the Federal Aviation Administration and other 
civil aviation programs, and for other purposes; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 1 day after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 2027. Mr. SCHUMER proposed an amendment to the bill H.R. 3935, to 
amend title 49, United States Code, to reauthorize and improve the 
Federal Aviation Administration and other civil aviation programs, and 
for other purposes; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 3 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 2028. Mr. SCHUMER proposed an amendment to amendment SA 2027 
proposed by Mr. Schumer to the bill H.R. 3935, to amend title 49, 
United States Code, to reauthorize and improve the Federal Aviation 
Administration and other civil aviation programs, and for other 
purposes; as follows:

       On page 1, line 3, strike ``3 days'' and insert ``4 days''.
                                 ______
                                 
  SA 2029. Mr. SCHUMER proposed an amendment to amendment SA 2028 
proposed by Mr. Schumer to the amendment SA 2027 proposed by Mr. 
Schumer to the bill H.R. 3935, to amend title 49, United States Code, 
to reauthorize and improve the Federal Aviation Administration and 
other civil aviation programs, and for other purposes; as follows:

       On page 1, line 1, strike ``4 days'' and insert ``5 days''.

                                 ______
                                 
  SA 2030. Mr. VAN HOLLEN submitted an amendment intended to be 
proposed to amendment SA 1911 proposed by Ms. Cantwell (for herself, 
Mr. Cruz, Ms. Duckworth, and Mr. Moran) to the bill H.R. 3935, to amend 
title 49, United States Code, to reauthorize and improve the Federal 
Aviation Administration and other civil aviation programs, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC 
                   DEFENDER SERVICE.

       The matter preceding the first proviso under the heading 
     ``federal payment to the district of columbia public defender 
     service'' under the heading ``Federal Funds'' in title IV of 
     division B of the Further Consolidated Appropriations Act, 
     2024 (Public Law 118-47; 138 Stat. 460) is amended by 
     striking ``, of which $3,000,000 shall remain available until 
     September 30, 2026, for costs associated with relocation 
     under a replacement lease for headquarters offices, field 
     offices, and related facilities''.
                                 ______
                                 
  SA 2031. Mr. BENNET (for himself and Mr. Hickenlooper) submitted an 
amendment intended to be proposed by him to the bill H.R. 3935, to 
amend title 49, United States Code, to reauthorize and improve the 
Federal Aviation Administration and other civil aviation programs, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NATIONAL ACADEMIES STUDY AND REPORT ON EXTENT AND 
                   EFFECTS OF MEGATRENDS IN AVIATION.

       (a) Study.-- The Administrator of the Federal Aviation 
     Administration shall enter into an arrangement with the 
     National Academies of Sciences, Engineering, and Medicine to 
     conduct a study to identify megatrends in aviation and how 
     such megatrends impact aviation safety and freedom of 
     movement, including--
       (1) extreme weather;
       (2) rapid urbanization;
       (3) demographic shifts;
       (4) technological and aerospace innovations;
       (5) international geopolitical challenges;
       (6) infrastructure resiliency;
       (7) digital security;
       (8) increased passenger traffic;
       (9) fuel sources and types; and
       (10) rural access to aviation.
       (b) Report.--Not later than 12 months after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Commerce, Science, and Transportation and the 
     Committee on Appropriations of the Senate and the Committee 
     on Transportation and Infrastructure , the Committee on 
     Science, Space, and Technology, and the Committee on 
     Appropriations of the House of Representatives a report 
     containing the results of the study conducted under 
     subsection (a), together with a plan for responding to the 
     results and recommendations of the study.
                                 ______
                                 
  SA 2032. Mr. MARSHALL (for himself, Mrs. Shaheen, and Mr. Grassley) 
submitted an amendment intended to be proposed to amendment SA 1911 
proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. 
Moran) to the bill H.R. 3935, to amend title 49, United States Code, to 
reauthorize and improve the Federal Aviation Administration and other 
civil aviation programs, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the appropriate place, insert the following:

                       TITLE __--COOPER DAVIS ACT

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Cooper Davis Act''.

     SEC. __02. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION 
                   SERVICE PROVIDERS AND REMOTE COMPUTING SERVICES 
                   FOR CERTAIN CONTROLLED SUBSTANCES VIOLATIONS.

       (a) Amendments to Controlled Substances Act.--
       (1) In general.--Part E of the Controlled Substances Act 
     (21 U.S.C. 871 et seq.) is amended by adding at the end the 
     following:


``reporting requirements of electronic communication service providers 
    and remote computing services for certain controlled substances 
                               violations

       ``Sec. 521.  (a) Definitions.--In this section--
       ``(1) the term `electronic communication service' has the 
     meaning given that term in section 2510 of title 18, United 
     States Code;
       ``(2) the term `electronic mail address' has the meaning 
     given that term in section 3 of the CAN-SPAM Act of 2003 (15 
     U.S.C. 7702);
       ``(3) the term `Internet' has the meaning given that term 
     in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 
     151 note);
       ``(4) the term `provider' means an electronic communication 
     service provider or remote computing service;
       ``(5) the term `remote computing service' has the meaning 
     given that term in section 2711 of title 18, United States 
     Code; and
       ``(6) the term `website' means any collection of material 
     placed in a computer server-based file archive so that it is 
     publicly accessible, over the Internet, using hypertext 
     transfer protocol or any successor protocol.
       ``(b) Duty to Report.--
       ``(1) General duty.--In order to reduce the proliferation 
     of the unlawful sale, distribution, or manufacture (as 
     applicable) of counterfeit substances and certain controlled 
     substances, a provider shall, as soon as reasonably possible 
     after obtaining actual knowledge of any facts or 
     circumstances described in paragraph (2), and in any event 
     not later than 60 days after obtaining such knowledge, submit 
     to the Drug Enforcement Administration a report containing--
       ``(A) the mailing address, telephone number, facsimile 
     number, and electronic mailing address of, and individual 
     point of contact for, such provider;
       ``(B) information described in subsection (c) concerning 
     such facts or circumstances; and
       ``(C) for purposes of subsection (j), information 
     indicating whether the facts or circumstances were discovered 
     through content moderation conducted by a human or via a non-
     human method, including use of an algorithm, machine 
     learning, or other means.
       ``(2) Facts or circumstances.--The facts or circumstances 
     described in this paragraph are any facts or circumstances 
     establishing that a crime is being or has already been 
     committed involving--
       ``(A) creating, manufacturing, distributing, dispensing, or 
     possession with intent to manufacture, distribute, or 
     dispense--
       ``(i) fentanyl; or
       ``(ii) methamphetamine;
       ``(B) creating, manufacturing, distributing, dispensing, or 
     possession with intent to manufacture, distribute, or 
     dispense a counterfeit substance, including a counterfeit 
     substance purporting to be a prescription drug; or
       ``(C) offering, dispensing, or administering an actual or 
     purported prescription pain medication or prescription 
     stimulant by any individual or entity that is not a 
     practitioner or online pharmacy, including an individual or 
     entity that falsely claims to be a practitioner or online 
     pharmacy.
       ``(3) Permitted actions based on reasonable belief.--In 
     order to reduce the proliferation of the unlawful sale, 
     distribution, or manufacture (as applicable) of counterfeit 
     substances and certain controlled substances, if a provider 
     has a reasonable belief that facts or circumstances described 
     in paragraph (2) exist, the provider may submit to the Drug 
     Enforcement Administration a report described in paragraph 
     (1).

[[Page S3561]]

       ``(c) Contents of Report.--
       ``(1) In general.--To the extent the information is within 
     the custody or control of a provider, the facts or 
     circumstances included in each report under subsection 
     (b)(1)--
       ``(A) shall include, to the extent that it is applicable 
     and reasonably available, information relating to the account 
     involved in the commission of a crime described in subsection 
     (b)(2), such as the name, address, electronic mail address, 
     user or account identification, Internet Protocol address, 
     uniform resource locator, screen names or monikers for the 
     account used or any other accounts associated with the 
     account user, or any other identifying information, including 
     self-reported identifying information, but not including the 
     contents of a wire communication or electronic communication, 
     as those terms are defined in section 2510 of title 18, 
     United States Code, except as provided in subparagraph (B) of 
     this paragraph; 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 user, subscriber, or customer 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 
     user, subscriber, or customer, or stored or obtained by the 
     provider, and any information as to whether a virtual private 
     network was used.
       ``(C) Data relating to facts or circumstances.--Any data, 
     including symbols, photos, video, icons, or direct messages, 
     relating to activity involving the facts or circumstances 
     described in subsection (b)(2) or other content relating to 
     the crime.
       ``(D) Complete communication.--The complete communication 
     containing the information of the crime described in 
     subsection (b)(2), including--
       ``(i) any data or information regarding the transmission of 
     the communication; and
       ``(ii) any data or other digital files contained in, or 
     attached to, the communication.
       ``(3) User, subscriber, or customer submitted reports.--In 
     the case of a report under subsection (b)(3), the provider 
     may, at its sole discretion, include in the report 
     information submitted to the provider by a user, subscriber, 
     or customer alleging facts or circumstances described in 
     subsection (b)(2) if the provider, upon review, has a 
     reasonable belief that the alleged facts or circumstances 
     exist.
       ``(d) Handling of Reports.--Upon receipt of a report 
     submitted under subsection (b), the Drug Enforcement 
     Administration--
       ``(1) shall conduct a preliminary review of such report; 
     and
       ``(2) after completing the preliminary review, shall--
       ``(A) conduct further investigation of the report, which 
     may include making the report available to other Federal, 
     State, or local law enforcement agencies involved in the 
     investigation of crimes described in subsection (b)(2), if 
     the Drug Enforcement Administration determines that the 
     report facially contains sufficient information to warrant 
     and permit further investigation; or
       ``(B) conclude that no further investigative steps are 
     warranted or possible, or that insufficient evidence exists 
     to make a determination, and close the report.
       ``(e) Attorney General Responsibilities.--
       ``(1) In general.--The Attorney General shall enforce this 
     section.
       ``(2) Designation of federal agencies.--The Attorney 
     General may designate a Federal law enforcement agency or 
     agencies to which the Drug Enforcement Administration may 
     forward a report under subsection (d).
       ``(3) Data minimization requirements.--The Attorney General 
     shall take reasonable measures to--
       ``(A) limit the storage of a report submitted under 
     subsection (b) and its contents to the amount that is 
     necessary to carry out the investigation of crimes described 
     in subsection (b)(2); and
       ``(B) store a report submitted under subsection (b) and its 
     contents only as long as is reasonably necessary to carry out 
     an investigation of crimes described in subsection (b)(2) or 
     make the report available to other agencies under subsection 
     (d)(2)(A), after which time the report and its contents shall 
     be deleted unless the preservation of a report has future 
     evidentiary value.
       ``(f) Failure to Comply With Requirements.--
       ``(1) Criminal penalty.--
       ``(A) Offense.--It shall be unlawful for a provider to 
     knowingly fail to submit a report required under subsection 
     (b)(1).
       ``(B) Penalty.--A provider that violates subparagraph (A) 
     shall be fined--
       ``(i) in the case of an initial violation, not more than 
     $190,000; and
       ``(ii) in the case of any second or subsequent violation, 
     not more than $380,000.
       ``(2) Civil penalty.--In addition to any other available 
     civil or criminal penalty, a provider shall be liable to the 
     United States Government for a civil penalty in an amount not 
     less than $50,000 and not more than $100,000 if the provider 
     knowingly submits a report under subsection (b) that--
       ``(A) contains materially false or fraudulent information; 
     or
       ``(B) omits information described in subsection (c)(1)(A) 
     that is reasonably available.
       ``(g) Protection of Privacy.--Nothing in this section shall 
     be construed to--
       ``(1) require a provider to monitor any user, subscriber, 
     or customer of that provider;
       ``(2) require a provider to monitor the content of any 
     communication of any person described in paragraph (1);
       ``(3) require a provider to affirmatively search, screen, 
     or scan for facts or circumstances described in subsection 
     (b)(2); or
       ``(4) permit actual knowledge to be proven based solely on 
     a provider's decision not to engage in additional 
     verification or investigation to discover facts and 
     circumstances that are not readily apparent, so long as the 
     provider does not deliberately blind itself to those 
     violations.
       ``(h) Conditions of Disclosure of Information Contained 
     Within Report.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     law enforcement agency that receives a report under 
     subsection (d) shall not disclose any information contained 
     in that report.
       ``(2) Permitted disclosures by law enforcement.--A law 
     enforcement agency may disclose information in a report 
     received under subsection (d)--
       ``(A) to an attorney for the government for use in the 
     performance of the official duties of that attorney, 
     including providing discovery to a defendant;
       ``(B) to such officers and employees of that law 
     enforcement agency, as may be necessary in the performance of 
     their investigative and recordkeeping functions;
       ``(C) to such other government personnel (including 
     personnel of a State or subdivision of a State) as are 
     determined to be necessary by an attorney for the government 
     to assist the attorney in the performance of the official 
     duties of the attorney in enforcing Federal criminal law;
       ``(D) if the report discloses an apparent violation of 
     State criminal law, to an appropriate official of a State or 
     subdivision of a State for the purpose of enforcing such 
     State law;
       ``(E) to a defendant in a criminal case or the attorney for 
     that defendant to the extent the information relates to a 
     criminal charge pending against that defendant;
       ``(F) to a provider if necessary to facilitate response to 
     legal process issued in connection to a criminal 
     investigation, prosecution, or post-conviction remedy 
     relating to that report;
       ``(G) as ordered by a court upon a showing of good cause 
     and pursuant to any protective orders or other conditions 
     that the court may impose; and
       ``(H) in order to facilitate the enforcement of the 
     penalties authorized under subsection (f).
       ``(i) Preservation.--
       ``(1) In general.--
       ``(A) Request to preserve contents.--
       ``(i) In general.--Subject to clause (ii), for the purposes 
     of this section, a completed submission by a provider of a 
     report to the Drug Enforcement Administration under 
     subsection (b)(1) shall be treated as a request to preserve 
     the contents provided in the report, and any data or other 
     digital files that are reasonably accessible and may provide 
     context or additional information about the reported material 
     or person, for 90 days after the submission to the Drug 
     Enforcement Administration.
       ``(ii) Limitations on extension of preservation period.--

       ``(I) Stored communications act.--The Drug Enforcement 
     Administration may not submit a request to a provider to 
     continue preservation of the contents of a report or other 
     data described in clause (i) under section 2703(f) of title 
     18, United States Code, beyond the required period of 
     preservation under clause (i) of this subparagraph unless the 
     Drug Enforcement Administration has an active or pending 
     investigation involving the user, subscriber, or customer 
     account at issue in the report.
       ``(II) Rule of construction.--Nothing in subclause (I) 
     shall preclude another Federal, State, or local law 
     enforcement agency from seeking continued preservation of the 
     contents of a report or other data described in clause (i) 
     under section 2703(f) of title 18, United States Code.

       ``(B) Notification to user.--A provider may not notify a 
     user, subscriber, or customer of the provider of a 
     preservation request described in subparagraph (A) unless--
       ``(i) the provider has notified the Drug Enforcement 
     Administration of its intent to provide that notice; and
       ``(ii) 45 business days have elapsed since the notification 
     under clause (i).
       ``(2) Protection of preserved materials.--A provider 
     preserving materials under this section shall maintain the 
     materials in a secure location and take appropriate steps to 
     limit access to the materials by agents or employees of the 
     service to that access necessary to comply with the 
     requirements of this subsection.
       ``(3) Authorities and duties not affected.--Nothing in this 
     section shall be

[[Page S3562]]

     construed as replacing, amending, or otherwise interfering 
     with the authorities and duties under section 2703 of title 
     18, United States Code.
       ``(4) Relation to reporting requirement.--Submission of a 
     report as required by subsection (b)(1) does not satisfy the 
     obligations under this subsection.
       ``(j) Annual Report.--Not later than 1 year after the date 
     of enactment of the Cooper Davis Act, and annually 
     thereafter, the Drug Enforcement Administration shall publish 
     a report that includes, for the reporting period--
       ``(1) the total number of reports received from providers 
     under subsection (b)(1);
       ``(2) the number of reports received under subsection 
     (b)(1) disaggregated by--
       ``(A) the provider on whose electronic communication 
     service or remote computing service the crime for which there 
     are facts or circumstances occurred; and
       ``(B) the subsidiary of a provider, if any, on whose 
     electronic communication service or remote computing service 
     the crime for which there are facts or circumstances 
     occurred;
       ``(3) the number of reports received under subsection 
     (b)(1) that led to convictions in cases investigated by the 
     Drug Enforcement Administration;
       ``(4) the number of reports received under subsection 
     (b)(1) that lacked actionable information;
       ``(5) the number of reports received under subsection 
     (b)(1) where the facts or circumstances of a crime were 
     discovered through--
       ``(A) content moderation conducted by a human; or
       ``(B) a non-human method including use of an algorithm, 
     machine learning, or other means;
       ``(6) the number of reports received under subsection 
     (b)(1) that were made available to other law enforcement 
     agencies, disaggregated by--
       ``(A) the number of reports made available to Federal law 
     enforcement agencies;
       ``(B) the number of reports made available to State law 
     enforcement agencies; and
       ``(C) the number of reports made available to local law 
     enforcement agencies; and
       ``(7) the number of requests to providers to continue 
     preservation of the contents of a report or other data 
     described in subsection (i)(1)(A)(i) submitted by the Drug 
     Enforcement Administration under section 2703(f) of title 18, 
     United States Code.
       ``(k) Prohibition on Submission of User, Subscriber, 
     Customer, or Anonymous Reports by Law Enforcement.--
       ``(1) In general.--No Federal, Tribal, State, or local law 
     enforcement officer acting in an official capacity may submit 
     a report to a provider or arrange for another individual to 
     submit a report to a provider on behalf of the officer under 
     this section.
       ``(2) Remedy for violation.--No part of the contents of a 
     provider's report made under subsection (b)(1) or (b)(3) and 
     no evidence derived therefrom may be received in evidence in 
     any trial, hearing, or other proceeding in or before any 
     court, department, officer, agency, regulatory body, 
     legislative committee, or other authority of the United 
     States, a State, or a political subdivision thereof if that 
     provider report resulted from an action prohibited by 
     paragraph (1) of this subsection.
       ``(l) Exemptions.--Subsections (b) through (k) shall not 
     apply to a provider of broadband internet access service, as 
     that term is defined in section 8.1(b) of title 47, Code of 
     Federal Regulations (or any successor regulation), or a 
     provider of a text messaging service, as that term is defined 
     in section 227 of the Communications Act of 1934 (47 U.S.C. 
     227), insofar as the provider is acting as a provider of such 
     service.''.
       (2) Technical and conforming amendment.--The table of 
     contents for the Controlled Substances Act (21 U.S.C. 801 et 
     seq.) is amended by inserting after the item relating to 
     section 520 the following:

``Sec. 521. Reporting requirements of electronic communication service 
              providers and remote computing services for certain 
              controlled substances violations.''.
       (b) Conforming Amendments to Stored Communications Act.--
       (1) In general.--Section 2702 of title 18, United States 
     Code, is amended--
       (A) in subsection (b)--
       (i) in paragraph (8), by striking ``or'' at the end;
       (ii) in paragraph (9), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(10) to the Drug Enforcement Administration, in 
     connection with a report submitted thereto under section 521 
     of the Controlled Substances Act.''; and
       (B) in subsection (c)--
       (i) in paragraph (6), by striking ``or'' at the end;
       (ii) in paragraph (7), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(8) to the Drug Enforcement Administration, in connection 
     with a report submitted thereto under section 521 of the 
     Controlled Substances Act.''.
       (2) Technical amendment.--Paragraph (7) of section 2702(b) 
     of title 18, United States Code, is amended to read as 
     follows:
       ``(7) to a law enforcement agency if the contents--
       ``(A) were inadvertently obtained by the service provider; 
     and
       ``(B) appear to pertain to the commission of a crime;''.

     SEC. __03. SEVERABILITY.

       If any provision of this Act or amendment made by this Act, 
     or the application of such a provision or amendment to any 
     person or circumstance, is held to be unconstitutional, the 
     remaining provisions of this Act and amendments made by this 
     Act, and the application of such provision or amendment to 
     any other person or circumstance, shall not be affected 
     thereby.

                          ____________________