[Pages S3067-S3074]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2237. Mr. HAWLEY submitted an amendment intended to be proposed by 
him to the bill S. 1582, to provide for the regulation of payment 
stablecoins, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

                        TITLE II--STOP CSAM ACT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Strengthening Transparency 
     and Obligations to Protect Children Suffering from Abuse and 
     Mistreatment Act of 2025'' or the ``STOP CSAM Act of 2025''.

     SEC. 202. 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 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'';

[[Page S3068]]

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

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

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

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

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

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

       (ii) in subparagraph (B)--

       (I) in clause (i)--

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

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

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

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

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

[[Page S3069]]

  


     SEC. 203. 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 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.
       ``(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

[[Page S3070]]

       ``(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. 204. 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 pornography on the provider's service, and in any event 
     not later than 60 days after obtaining such knowledge, a 
     provider shall submit to the CyberTipline of NCMEC, or any 
     successor to the CyberTipline operated by NCMEC, a report 
     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 or material described in subsection 
     (b)(1)(A) concerning such facts or circumstances or apparent 
     child pornography; 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).
       ``(3) Complainant information.--For a report premised on a 
     complaint or notification submitted to a provider by a user 
     of the provider's product or service, or a parent, guardian, 
     or representative of such user, the provider shall take 
     reasonable measures to determine what information or material 
     in the user's account shall be included in the report as 
     provided in subsection (b)(1)(A)(vi).
       ``(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, port 
     number, 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 pornography or a 
     planned or imminent violation;

       ``(iii) a copy of any apparent child pornography that is 
     the subject of the report, or all accessible chats, messages, 
     or text exchanges that are related to the report, that were 
     identified in a publicly available location;
       ``(iv) for each item of apparent child pornography included 
     in the report under clause (iii) or paragraph (2)(E), 
     information indicating whether--

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

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

       ``(I) is created in whole or in part through the use of 
     software, machine learning, artificial intelligence, or any 
     other computer-generated or technological means, including by 
     adapting, modifying, manipulating, or altering an authentic 
     visual depiction;
       ``(II) has previously been the subject of a report under 
     subsection (a)(1); or
       ``(III) is the subject of multiple contemporaneous reports 
     due to rapid and widespread distribution; and

       ``(vi) any and all information or material (including 
     apparent child pornography, chats, messages, or text 
     exchanges) relating to the subject of the report in the 
     account of a user of the provider's product or service, if 
     the user, or the parent, guardian, or representative of such 
     user--

       ``(I) provided the information or material in a 
     notification or complaint to the provider;
       ``(II) indicates that such information or material should 
     be included in the report; or
       ``(III) consents to the inclusion of such information or 
     material in the report; 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 
     or financial 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, port number, uniform resource 
     locator, payment or financial information (excluding 
     personally identifiable information), 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, port number, or verified address, or, if 
     not reasonably available, at least one form of geographic 
     identifying information, including area code or zip code, 
     provided by the customer or subscriber, or stored or obtained 
     by the provider.
       ``(E) Apparent child pornography.--Any apparent child 
     pornography 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 pornography or other content, 
     including--
       ``(i) any data or information regarding the transmission of 
     the communication; and
       ``(ii) any visual depictions, data, or other digital files 
     contained in, or attached to, the communication.
       ``(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 
     pornography that is the subject of the report, an indication 
     of whether--
       ``(i) the depicted sexually explicit conduct involves--

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

       ``(ii) the depicted minor is--

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

       ``(I) Chats, messages, or text exchanges.--Chats, messages, 
     or text exchanges that fully provide the context for the 
     report.
       ``(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

[[Page S3071]]

     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 
     Child Pornography Victims Reserve as provided in section 
     2259B.'';
       (D) in subsection (f), by striking paragraph (3) and 
     inserting the following:
       ``(3) affirmatively search, screen, or scan for--
       ``(A) facts or circumstances described in subsection 
     (a)(2);
       ``(B) information described in subsection (b)(2); or
       ``(C) any apparent child pornography.'';
       (E) in subsection (g)--
       (i) in paragraph (2)(A)--

       (I) in clause (iii), by inserting ``or personnel at a 
     children's advocacy center'' after ``State)''; and
       (II) in clause (iv), by striking ``State or subdivision of 
     a State'' and inserting ``State, subdivision of a State, or 
     children's advocacy center''; 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 striking paragraph (5) and 
     inserting the following:
       ``(5) 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 2025, 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) Other reporting to the provider.--
       ``(i) The measures the provider has in place to receive 
     other reports concerning child sexual exploitation and abuse 
     using the provider's product or on the provider's service.
       ``(ii) The average time for responding to reports described 
     in clause (i).
       ``(iii) The number of reports described in clause (i) that 
     the provider received.
       ``(iv) A summary description of the actions taken upon 
     receipt of the reports described in clause (i).
       ``(C) 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 user 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).
       ``(D) Culture of safety.--
       ``(i) The measures, tools, and technologies that the 
     provider deploys to--

       ``(I) protect children from sexual exploitation and abuse 
     using the provider's product or service;
       ``(II) prevent or interdict activity by children related to 
     sexual exploitation and abuse, including the posting or 
     sharing of intimate visual depictions; and
       ``(III) accurately identify adult and minor users.

       ``(ii) The measures, tools, and technologies that the 
     provider deploys to empower parents and guardians to protect 
     their children from sexual exploitation and abuse using the 
     provider's product or service.
       ``(iii) The measures, tools, 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.
       ``(iv) With respect to the measures, tools, and 
     technologies described in clauses (i), (ii), and (iii)--

       ``(I) an assessment of their efficacy, including any 
     relevant quantitative information indicating when and how 
     often they are used; and
       ``(II) information on any factors that limit their efficacy 
     or create gaps in their protection and efforts by the 
     provider to address those loopholes or gaps.

       ``(v) A description of factors that interfere with the 
     provider's ability to detect or evaluate instances of child 
     sexual exploitation and abuse and an analysis of the impact 
     of those factors.
       ``(vi) Information shared by the provider with users about 
     the risks to children on the provider's product or service 
     concerning sexual exploitation and abuse and an assessment of 
     the impact of the information on users, including any 
     relevant quantitative information indicating how often the 
     information is reviewed.
       ``(E) Safety by design.--The measures that the provider 
     takes before launching a new product or service--
       ``(i) to assess--

[[Page S3072]]

       ``(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; and

       ``(ii) to determine--

       ``(I) the appropriate age for users of the new product or 
     service; and
       ``(II) whether the new product or service will be adopted 
     to commit child sexual exploitation and abuse.

       ``(F) Prevalence, trends, and patterns.--Any information 
     concerning--
       ``(i) the prevalence of child sexual exploitation and abuse 
     on the provider's product or service, including the volume of 
     child pornography that is available and that is being 
     accessed, distributed, or received; and
       ``(ii) emerging trends, risks, and changing patterns with 
     respect to the commission of online child sexual exploitation 
     and abuse.
       ``(G) Other information.--Any other information relevant to 
     child sexual exploitation and abuse on the provider's product 
     or service.
       ``(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 
     (C) through (F) 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 
     pornography to any Federal, State, or local law enforcement 
     agency, or giving such agency access to child pornography, 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 ``Information Sharing With Providers and Entities 
     for the Purposes of Preventing and Curtailing the Online 
     Sexual Exploitation of Children'';
       (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) an 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'';
       (III) by inserting ``or content, elements, or reported 
     materials,'' after`` visual depiction,'';
       (IV) by inserting a comma after ``location'';
       (V) by striking ``and any other elements''; and
       (VI) by inserting ``or submission to the Child Victim 
     Identification Program'' after ``CyberTipline report'';

       (C) in subsection (b)--
       (i) in the heading, by inserting ``or Entities'' after 
     ``Providers'';
       (ii) by striking ``Any provider'' and inserting the 
     following:
       ``(1) In general.--Any provider or 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 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 curtailing, preventing, or 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 or entity 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),'' 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 or in or affecting 
     interstate or foreign commerce, through such service to--
       ``(1) intentionally host or store child pornography or make 
     child pornography 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

[[Page S3073]]

     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. 205. 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 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).''.
       (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).
       ``(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).
       ``(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) 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.
       ``(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.
       ``(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 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.
       ``(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.

       ``(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 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

[[Page S3074]]

     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) 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'.
       ``(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 
     against a provider of an interactive computer service or an 
     app store under section 1595 or 2255.''.
       (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. 206. 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. 207. 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 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.
       (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 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 title and the 
     amendments made by this title.
                                 ______