119-hr3921

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3921 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3921

To combat the sexual exploitation of children by supporting victims and 
 promoting accountability and transparency by the tech industry.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 June 11, 2025

 Mr. Moore of Alabama (for himself and Ms. Garcia of Texas) introduced 
 the following bill; which was referred to the Committee on the 
 Judiciary

_______________________________________________________________________

 A BILL

To combat the sexual exploitation of children by supporting victims and 
 promoting accountability and transparency by the tech industry.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act 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. 2. 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'';

    (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.

SEC. 3. 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
 ``
        (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. 4. 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 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--
 ``
            (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 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. 5. 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 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.
 ``

    (2) Bad faith civil action.--In the case of a civil 
 action brought under subsection

    (a) , the court may impose 
 sanctions on--
 ``
        (A) the party bringing the civil action if the 
 court finds that the party has brought 2 or more bad 
 faith civil actions (which may include the instant 
 civil action); or
 ``
        (B) an attorney or law firm representing the 
 party bringing the civil action if the court finds that 
 the attorney or law firm has represented--
 ``
            (i) a party who has brought 2 or more bad 
 faith civil actions (which may include the 
 instant civil action); or
 ``
            (ii) 2 or more parties who have each 
 brought a bad faith civil action (which may 
 include the instant civil action).
 ``

    (3) Bad faith defense.--In the case of a civil action 
 brought under subsection

    (a) , the court may impose sanctions 
 on--
 ``
        (A) the party defending the civil action if the 
 court finds that the party has raised 2 or more bad 
 faith defenses (which may include 1 or more defenses 
 raised in the instant civil action); or
 ``
        (B) an attorney or law firm representing the 
 party defending the civil action if the court finds 
 that the attorney or law firm has represented--
 ``
            (i) a party who has raised 2 or more bad 
 faith defenses (which may include 1 or more 
 defenses raised in the instant civil action); 
 or
 ``
            (ii) 2 or more parties who have each 
 raised a bad faith defense (which may include a 
 defense raised in the instant civil action).
 ``

    (4) Implementation.--Rule 11
            (c) of the Federal Rules of 
 Civil Procedure shall apply to sanctions imposed under this 
 subsection in the same manner as that rule applies to sanctions 
 imposed for a violation of rule 11

    (b) of those Rules.
 ``

    (5) Rules of construction.--
 ``
        (A) Rule 11.--This subsection shall not be 
 construed to limit or expand the application of rule 11 
 of the Federal Rules of Civil Procedure.
 ``
        (B) 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. 6. SEVERABILITY.

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

SEC. 7. CONTINUED APPLICABILITY OF FEDERAL, STATE, AND TRIBAL LAW.

    (a) Federal Law.--Nothing in this Act or the amendments made by 
this Act, nor any rule or regulation issued pursuant to this Act or the 
amendments made by this Act, 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 Act or the amendments 
made by this Act, nor any rule or regulation issued pursuant to this 
Act or the amendments made by this Act, 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 Act and the 
 amendments made by this Act.
 <all>