Josh Hawley
Senator for Missouri · Republican · United States
“``(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 property or material; and ``(II) take reasonable measures, and…”
“``(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 property or material; and ``(II) take reasonable measures, and…”
“``(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: ``…”
“``(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: ``…”
“``(b) Publication.--The supervising ethics committees shall publish each certification submitted under subsection (a) on a publicly available website. ``Sec. 13164.”
“``(b) Publication.--The supervising ethics committees shall publish each certification submitted under subsection (a) on a publicly available website. ``Sec. 13164.”
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“``(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). [[Page S2957]] ``(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) 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.”
“``(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.”
“``(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.”
“``(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) 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.”
“``(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)-- [[Page S2956]] (i) in paragraph (1), by striking ``Directions.--Except as provided in paragraph (2), the'' and inserting ``Restitution for child pornography production.--If the defendant was convicted of child pornography production, the''; and (ii) in paragraph (2)(B), by striking ``$3,000.'' and inserting the following: ``-- ``(i) $3,000; or ``(ii) 10 percent of the full amount of the victim's losses, if the full amount of the victim's losses is less than $3,000.''; and (C) in subsection (c)-- (i) by striking paragraph (1) and inserting the following: ``(1) Child pornography production.--For purposes of this section and section 2259A, the term `child pornography production' means-- ``(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 pornography-- ``(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 pornography.''; (ii) by striking paragraph (3) and inserting the following: ``(3) Trafficking in child pornography.--For purposes of this section and section 2259A, the term `trafficking in child pornography' means-- ``(A) a violation of, 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 pornography-- ``(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)-- (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 pornography 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.”
“(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. 1096. 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.”
“``(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 property or material; and ``(II) take reasonable measures, and may order the Government (if such property or material 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 property or material at the court or a Government facility, as applicable.''; and (E) 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''; (ii) by striking ``, as defined under section 2256(8),''; and (iii) by inserting ``or obscene visual depiction of a child'' after ``such child pornography''.”
“``(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) by inserting ``or an obscene visual depiction of a child'' after ``child pornography'' each place it appears except the second instance in paragraph (3); (C) in paragraph (1), by inserting ``and any civil action brought under section 2255 or 2255A'' after ``any criminal proceeding''; (D) 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 property or material that constitutes child pornography or an obscene visual depiction of a child.”
“``(B) Supervision of payments.--Payments from appropriations authorized under subparagraph (A) shall be made under the supervision of the Director of the Administrative Office of the United States Courts.''; (6) in subsection (i)-- (A) by striking ``A child testifying at or attending a judicial proceeding'' and inserting the following: ``(1) In general.--A child testifying at a judicial proceeding, including in a manner described in subsection (b),''; (B) in paragraph (1), as so designated-- (i) in the third sentence, by striking ``proceeding'' and inserting ``testimony''; and (ii) by striking the fifth sentence; and (C) by adding at the end the following: ``(2) Recording.--If the adult attendant is in close physical proximity to or in contact with the child while the child testifies-- ``(A) at a judicial proceeding, a video recording of the adult attendant shall be made and shall become part of the court record; or ``(B) in a manner described in subsection (b), the adult attendant shall be visible on the closed-circuit television or in the recorded deposition.”
“``(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.”
“``(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.”
“(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 paragraphs (5), (6), and (7) 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; ``(6) the term `exploitation' means-- ``(A) child pornography; ``(B) child sex trafficking; or ``(C) an obscene visual depiction of a child; ``(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;''; (D) in paragraph (9)(D)-- (i) by striking ``genitals'' and inserting ``anus, genitals,''; and (ii) by striking ``or animal''; (E) in paragraph (11), by striking ``and'' at the end; (F) 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 (G) 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); ``(15) the term `child pornography' has the meaning given the term in section 2256(8); and ``(16) the term `obscene visual depiction of a child' means any visual depiction prohibited by section 1466A involving an identifiable minor, as that term is defined in section 2256(9).''; (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 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 [[Page S2955]] 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.”
“This subtitle may be cited as the ``Strengthening Transparency and Obligations to Protect Children Suffering from Abuse and Mistreatment Act of 2026'' or the ``STOP CSAM Act of 2026''. SEC. 1095. PROTECTING CHILD VICTIMS AND WITNESSES IN FEDERAL COURT.”
“Congressional Record, Volume 172 Issue 103 (Thursday, June 18, 2026) [Congressional Record Volume 172, Number 103 (Thursday, June 18, 2026)] [Senate] [Pages S2954-S2961] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 5864. Mr. HAWLEY (for himself and Mr. Durbin) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of title X, add the following: Subtitle H--STOP CSAM Act of 2026 SEC. 1094. SHORT TITLE.”
“There is authorized to be appropriated to the Secretary of Defense $100,000,000 to be used for an equity investment in military family housing under subchapter IV of chapter 169 of title 10, United States Code, at Fort Leonard Wood, Missouri. ______”
“Congressional Record, Volume 172 Issue 103 (Thursday, June 18, 2026) [Congressional Record Volume 172, Number 103 (Thursday, June 18, 2026)] [Senate] [Page S2954] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 5863. Mr. HAWLEY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle B of title XXVIII, add the following: SEC. 2829. AUTHORIZATION OF AMOUNTS FOR PRIVATIZED MILITARY HOUSING AT FORT LEONARD WOOD, MISSOURI.”
“1602(4)(D)) is amended by striking ``legislative branch employee serving in a position described under section 13101(13) of title 5, United States Code'' and inserting ``officer or employee of Congress (as defined in section 13101 of title 5, United States Code)''. ______”
“Certification of compliance. ``13164. Authority of supervising ethics committees. ``13165. Audit by Government Accountability Office.''. (B) Persons required to file.--Section 13103(f) of title 5, United States Code, is amended-- (i) in paragraph (9), by striking ``as defined in section 13101 of this title''; (ii) in paragraph (10), by striking ``as defined in section 13101 of this title''; (iii) in paragraph (11), by striking ``as defined in section 13101 of this title''; and (iv) in paragraph (12), by striking ``as defined in section 13101 of this title''. (C) Lobbying disclosure act of 1995.--Section 3(4)(D) of the Lobbying Disclosure Act of 1995 (2 U.S.C.”
“Audit by Government Accountability Office ``Not later than 2 years after the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act, the Comptroller General of the United States shall-- ``(1) conduct an audit of the compliance by Members of Congress with the requirements of this subchapter; and ``(2) submit to the supervising ethics committees a report describing the results of the audit conducted under paragraph (1).''. (2) Conforming amendments.-- (A) Table of sections.--The table of sections for chapter 131 of title 5, United States Code, is amended by adding at the end the following: ``subchapter iv--banning insider trading in congress ``13161. Definitions. ``13162. Prohibition on certain transactions and holdings involving covered financial instruments. ``13163.”
“``(3) Publication.--Each supervising ethics committee shall publish on a publicly available website a description of-- ``(A) each fine assessed by the supervising ethics committee pursuant to this section; ``(B) the reasons why each such fine was assessed; and ``(C) the result of each assessment, including any hearing under paragraph (1)(B)(i) relating to the assessment. ``(4) Appeal.--A Member of Congress may appeal the assessment of a fine under this section to a vote on the floor of the Senate [[Page S2954]] or the House of Representatives, as applicable, as a privileged motion. ``Sec. 13165.”
“``(2) Enforcement.-- ``(A) In general.--In the event of continuing noncompliance after issuance of the notice described in paragraph (1), the applicable supervising ethics committee shall impose a civil penalty, in the amount described in subparagraph (B), on the Member of Congress to whom a notice was provided-- ``(i) on the date that is 30 days after the date of provision of the notice; and ``(ii) during the period in which such noncompliance continues, not less frequently than once every 30 days thereafter. ``(B) Amount.--The amount of each civil penalty imposed on a Member of Congress pursuant to subparagraph (A) shall be an amount equal to 10 percent of the value of each covered financial instrument that was not divested in violation of this subchapter during the period covered by the penalty.”
“``(b) Requirements for Civil Fines.-- ``(1) In general.--Before imposing a fine pursuant to this section, the applicable supervising ethics committee shall provide to the applicable Member of Congress-- ``(A) a written notice describing each covered financial instrument transaction for which a fine will be assessed; and ``(B) an opportunity, with respect to each such covered financial instrument transaction-- ``(i) for a hearing; and ``(ii) to achieve compliance with the requirements of this subchapter.”
“``(b) Publication.--The supervising ethics committees shall publish each certification submitted under subsection (a) on a publicly available website. ``Sec. 13164. Authority of supervising ethics committees ``(a) In General.--The supervising ethics committees may implement and enforce the requirements of this subchapter, including by-- ``(1) issuing-- ``(A) for Members of Congress-- ``(i) rules governing that implementation; and ``(ii) 1 or more reasonable extensions to achieve compliance with this subchapter, if the applicable supervising ethics committee determines that a Member of Congress is making a good faith effort to divest any covered financial instruments; and ``(B) guidance relating to covered financial instruments; ``(2) publishing on the internet certifications submitted by Members of Congress under section 13163(a); and ``(3) assessing civil fines against any Member of Congress who is in violation of this subchapter, subject to subsection (b).”
“``(c) Penalties.-- ``(1) Disgorgement.--A Member of Congress shall disgorge to the Treasury of the United States any profit from a transaction or holding involving a covered financial instrument that is conducted in violation of this section. ``(2) Fines.--A Member of Congress who holds or conducts a transaction involving, or whose spouse holds or conducts a transaction involving, a covered financial instrument in violation of this section may be subject to a civil fine assessed by the applicable supervising ethics committee under section 13164. ``Sec. 13163. Certification of compliance ``(a) In General.--Not less frequently than annually, each Member of Congress shall submit to the applicable supervising ethics committee a written certification that the Member of Congress has achieved compliance with the requirements of this subchapter.”
“``(b) Exceptions.--The prohibition under subsection (a) shall not apply to a sale by a Member of Congress, or a spouse of a Member of Congress, that is completed by the date that is-- ``(1) for a Member of Congress serving on the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act, 180 days after that date of enactment; and ``(2) for any Member of Congress who commences service as a Member of Congress after the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act, 180 days after the first date of the initial term of service.”
“``(3) Supervising ethics committee.--The term `supervising ethics committee' means, as applicable-- ``(A) the Select Committee on Ethics of the Senate; and ``(B) the Committee on Ethics of the House of Representatives. ``Sec. 13162. Prohibition on certain transactions and holdings involving covered financial instruments ``(a) Prohibition.--Except as provided in subsection (b), a Member of Congress, or any spouse of a Member of Congress, may not, during the term of service of the Member of Congress, hold, purchase, or sell any covered financial instrument.”
“1a)); and ``(ii) any economic interest comparable to an interest described in clause (i) that is acquired through synthetic means, such as the use of a derivative, including an option, a warrant, or other similar means. ``(B) Exclusions.--The term `covered financial instrument' does not include-- ``(i) a diversified mutual fund; ``(ii) a diversified exchange-traded fund; ``(iii) a United States Treasury bill, note, or bond; or ``(iv) compensation from the primary occupation of a spouse or dependent child of a Member of Congress. ``(2) Dependent child; member of congress.--The terms `dependent child' and `Member of Congress' have the meanings given those terms in section 13101.”
“(a) Short Title.--This section may be cited as the ``Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act''. (b) Banning Insider Trading in Congress.-- (1) In general.--Chapter 131 of title 5, United States Code, is amended by adding at the end the following: ``Subchapter IV--Banning Insider Trading in Congress ``Sec. 13161. Definitions ``In this subchapter: ``(1) Covered financial instrument.-- ``(A) In general.--The term `covered financial instrument' means-- ``(i) any investment in-- ``(I) a security (as defined in section 3(a) of Securities Exchange Act of 1934 (15 U.S.C. 78c(a))); ``(II) a security future (as defined in that section); or ``(III) a commodity (as defined in section 1a of the Commodity Exchange Act (7 U.S.C.”
“Congressional Record, Volume 172 Issue 103 (Thursday, June 18, 2026) [Congressional Record Volume 172, Number 103 (Thursday, June 18, 2026)] [Senate] [Pages S2953-S2954] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 5862. Mr. HAWLEY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. PREVENTING ELECTED LEADERS FROM OWNING SECURITIES AND INVESTMENTS (PELOSI) ACT.”
“(b) State or Tribal Law.--Nothing in this subtitle or the amendments made by this subtitle, nor any rule or regulation issued pursuant to this subtitle or the amendments made by this subtitle, shall-- (1) preempt, diminish, or supplant any right or remedy for a victim of child pornography or child sexual exploitation under any State or Tribal common or statutory law; or (2) prohibit the enforcement of a law governing child pornography or child sexual exploitation that is at least as protective of the rights of a victim as this subtitle and the amendments made by this subtitle. ______”
“(a) Federal Law.--Nothing in this subtitle or the amendments made by this subtitle, nor any rule or regulation issued pursuant to this subtitle or the amendments made by this subtitle, shall affect or diminish any right or remedy for a victim of child pornography 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.”
“(2) Clerical 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. Additional remedy for certain victims of child pornography or child sexual exploitation.''. SEC. 1099. SEVERABILITY. If any provision of this subtitle, an amendment made by this subtitle, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this subtitle and the amendments made by this subtitle, and the application of the provision or amendment to any other person or circumstance, shall not be affected. SEC. 1100. CONTINUED APPLICABILITY OF FEDERAL, STATE, AND TRIBAL LAW.”
“``(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 against a provider of an interactive computer service or an app store under section 1595 or 2255.''.”
“``(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.”
“[[Page S2961]] ``(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) Definition change.--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 pornography'.”
“``(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).”
“``(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).”
“``(B) Bad faith defense.--The term `bad faith defense' means a defense in a civil action 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 the 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.”
“``(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 pornography did not depict-- ``(I) any minor; or ``(II) sexually explicit conduct, sexual suggestiveness, full or partial nudity, or implied sexual activity.”
“``(h) Defense.--In a civil action under subsection (a)(2) involving knowing or reckless 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 pornography within a reasonable timeframe, and in any event not later than 48 hours after obtaining knowledge that the child pornography was being hosted, stored, or made available by the provider (or, in the case of a provider that, for the most recent calendar year, averaged fewer than 10,000,000 active users on a monthly basis in the United States, 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 pornography 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 pornography without compromising encryption technologies.”
“``(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).”
“``(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.--Evidence of actions or circumstances described in paragraph (1) shall be admissible in a civil action brought under subsection (a) if-- ``(A) 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 ``(B) 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.”
“``(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) Application of section 2258b.--A civil action brought under subsection (a) shall be subject to section 2258B. ``(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.”
“``(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).”
“``(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).”
“``(2) Activities involving child pornography.--Any person who is a victim of the intentional, knowing, or reckless hosting or storing of child pornography or making child pornography 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).”
“(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. Additional remedy for certain victims of child pornography 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, knowing, or reckless 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).”
“(b) Civil Remedy for Personal Injuries.--Section 2255(a) of title 18, United States Code, is amended-- [[Page S2960]] (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 pornography; 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).''.”