H.R. 3921

[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.
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