[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7949 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 7949

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 11, 2024

 Ms. Garcia of Texas (for herself and Mr. Moore of Alabama) introduced 
    the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committee on Energy and Commerce, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 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 2024'' or the ``STOP CSAM Act of 2024''.

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 paragraph (5) and inserting the 
                following:
            ``(5) the term `psychological abuse' includes--
                    ``(A) a pattern of acts, threats of acts, or 
                coercive tactics intended to degrade, humiliate, 
                intimidate, or terrorize a child; and
                    ``(B) the infliction of trauma on a child through--
                            ``(i) isolation;
                            ``(ii) the withholding of food or other 
                        necessities in order to control behavior;
                            ``(iii) physical restraint; or
                            ``(iv) the confinement of the child without 
                        the child's consent and in degrading 
                        conditions;'';
                    (D) in paragraph (6), by striking ``child 
                prostitution'' and inserting ``child sex trafficking'';
                    (E) by striking paragraph (7) and inserting the 
                following:
            ``(7) the term `multidisciplinary child abuse team' means a 
        professional unit of individuals working together to 
        investigate child abuse and provide assistance and support to a 
        victim of child abuse, composed of representatives from--
                    ``(A) health, social service, and legal service 
                agencies that represent the child;
                    ``(B) law enforcement agencies and prosecutorial 
                offices; and
                    ``(C) children's advocacy centers;'';
                    (F) in paragraph (9)(D)--
                            (i) by striking ``genitals'' and inserting 
                        ``anus, genitals,''; and
                            (ii) by striking ``or animal'';
                    (G) in paragraph (11), by striking ``and'' at the 
                end;
                    (H) in paragraph (12)--
                            (i) by striking ``the term `child abuse' 
                        does not'' and inserting ``the terms `physical 
                        injury' and `psychological abuse' do not''; and
                            (ii) by striking the period and inserting a 
                        semicolon; and
                    (I) by adding at the end the following:
            ``(13) the term `covered person' means a person of any age 
        who--
                    ``(A) is or is alleged to be--
                            ``(i) a victim of a crime of physical 
                        abuse, sexual abuse, exploitation, or 
                        kidnapping, including international parental 
                        kidnapping; or
                            ``(ii) a witness to a crime committed 
                        against another person; and
                    ``(B) was under the age of 18 when the crime 
                described in subparagraph (A) was committed;
            ``(14) the term `protected information', with respect to a 
        covered person, includes--
                    ``(A) personally identifiable information of the 
                covered person, including--
                            ``(i) the name of the covered person;
                            ``(ii) an address;
                            ``(iii) a phone number;
                            ``(iv) a user name or identifying 
                        information for an online, social media, or 
                        email account; and
                            ``(v) any information that can be used to 
                        distinguish or trace the identity of the 
                        covered person, either alone or when combined 
                        with other information that is linked or 
                        linkable to the covered person;
                    ``(B) medical, dental, behavioral, psychiatric, or 
                psychological information of the covered person;
                    ``(C) educational or juvenile justice records of 
                the covered person; and
                    ``(D) any other information concerning the covered 
                person that is deemed `protected information' by order 
                of the court under subsection (d)(5); and
            ``(15) the term `child pornography' has the meaning given 
        the term in section 2256(8).'';
            (2) in subsection (b)--
                    (A) in paragraph (1)(C), by striking ``minor'' and 
                inserting ``child''; and
                    (B) in paragraph (2)--
                            (i) in the heading, by striking 
                        ``Videotaped'' and inserting ``Recorded'';
                            (ii) in subparagraph (A), by striking 
                        ``that the deposition be recorded and preserved 
                        on videotape'' and inserting ``that a video 
                        recording of the deposition be made and 
                        preserved'';
                            (iii) in subparagraph (B)--
                                    (I) in clause (ii), by striking 
                                ``that the child's deposition be taken 
                                and preserved by videotape'' and 
                                inserting ``that a video recording of 
                                the child's deposition be made and 
                                preserved'';
                                    (II) in clause (iii)--
                                            (aa) in the matter 
                                        preceding subclause (I), by 
                                        striking ``videotape'' and 
                                        inserting ``recorded''; and
                                            (bb) in subclause (IV), by 
                                        striking ``videotape'' and 
                                        inserting ``recording''; and
                                    (III) in clause (v)--
                                            (aa) in the heading, by 
                                        striking ``videotape'' and 
                                        inserting ``video recording'';
                                            (bb) in the first sentence, 
                                        by striking ``made and 
                                        preserved on video tape'' and 
                                        inserting ``recorded and 
                                        preserved''; and
                                            (cc) in the second 
                                        sentence, by striking 
                                        ``videotape'' and inserting 
                                        ``video recording'';
                            (iv) in subparagraph (C), by striking 
                        ``child's videotaped'' and inserting ``video 
                        recording of the child's'';
                            (v) in subparagraph (D)--
                                    (I) by striking ``videotaping'' and 
                                inserting ``deposition''; and
                                    (II) by striking ``videotaped'' and 
                                inserting ``recorded'';
                            (vi) in subparagraph (E), by striking 
                        ``videotaped'' and inserting ``recorded''; and
                            (vii) in subparagraph (F), by striking 
                        ``videotape'' each place the term appears and 
                        inserting ``video recording'';
            (3) in subsection (d)--
                    (A) in paragraph (1)(A)--
                            (i) in clause (i), by striking ``the name 
                        of or any other information concerning a 
                        child'' and inserting ``a covered person's 
                        protected information''; and
                            (ii) in clause (ii)--
                                    (I) by striking ``documents 
                                described in clause (i) or the 
                                information in them that concerns a 
                                child'' and inserting ``a covered 
                                person's protected information''; and
                                    (II) by striking ``, have reason to 
                                know such information'' and inserting 
                                ``(including witnesses or potential 
                                witnesses), have reason to know each 
                                item of protected information to be 
                                disclosed'';
                    (B) in paragraph (2)--
                            (i) by striking ``the name of or any other 
                        information concerning a child'' each place the 
                        term appears and inserting ``a covered person's 
                        protected information'';
                            (ii) by redesignating subparagraphs (A) and 
                        (B) as clauses (i) and (ii), respectively, and 
                        adjusting the margins accordingly;
                            (iii) by striking ``All papers'' and 
                        inserting the following:
                    ``(A) In general.--All papers''; and
                            (iv) by adding at the end the following:
                    ``(B) Enforcement of violations.--The court may 
                address a violation of subparagraph (A) in the same 
                manner as disobedience or resistance to a lawful court 
                order under section 401(3).'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``a child from 
                                public disclosure of the name of or any 
                                other information concerning the 
                                child'' and inserting ``a covered 
                                person's protected information from 
                                public disclosure''; and
                                    (II) by striking ``, if the court 
                                determines that there is a significant 
                                possibility that such disclosure would 
                                be detrimental to the child'';
                            (ii) in subparagraph (B)--
                                    (I) in clause (i)--
                                            (aa) by striking ``a child 
                                        witness, and the testimony of 
                                        any other witness'' and 
                                        inserting ``any witness''; and
                                            (bb) by striking ``the name 
                                        of or any other information 
                                        concerning a child'' and 
                                        inserting ``a covered person's 
                                        protected information''; and
                                    (II) in clause (ii), by striking 
                                ``child'' and inserting ``covered 
                                person''; and
                            (iii) by adding at the end the following:
            ``(C)(i) For purposes of this paragraph, there shall be a 
        presumption that public disclosure of a covered person's 
        protected information would be detrimental to the covered 
        person.
            ``(ii) The court shall deny a motion for a protective order 
        under subparagraph (A) only if the court finds that the party 
        opposing the motion has rebutted the presumption under clause 
        (i) of this subparagraph.'';
                    (D) in paragraph (4)--
                            (i) by striking ``This subsection'' and 
                        inserting the following:
                    ``(A) Disclosure to certain parties.--This 
                subsection'';
                            (ii) in subparagraph (A), as so 
                        designated--
                                    (I) by striking ``the name of or 
                                other information concerning a child'' 
                                and inserting ``a covered person's 
                                protected information''; and
                                    (II) by striking ``or an adult 
                                attendant, or to'' and inserting ``an 
                                adult attendant, a law enforcement 
                                agency for any intelligence or 
                                investigative purpose, or''; and
                            (iii) by adding at the end the following:
                    ``(B) Request for public disclosure.--If any party 
                requests public disclosure of a covered person's 
                protected information to further a public interest, the 
                court shall deny the request unless the court finds 
                that--
                            ``(i) the party seeking disclosure has 
                        established that there is a compelling public 
                        interest in publicly disclosing the covered 
                        person's protected information;
                            ``(ii) there is a substantial probability 
                        that the public interest would be harmed if the 
                        covered person's protected information is not 
                        disclosed;
                            ``(iii) the substantial probability of harm 
                        to the public interest outweighs the harm to 
                        the covered person from public disclosure of 
                        the covered person's protected information; and
                            ``(iv) there is no alternative to public 
                        disclosure of the covered person's protected 
                        information that would adequately protect the 
                        public interest.''; and
                    (E) by adding at the end the following:
            ``(5) Other protected information.--The court may order 
        that information shall be considered to be `protected 
        information' for purposes of this subsection if the court finds 
        that the information is sufficiently personal, sensitive, or 
        identifying that it should be subject to the protections and 
        presumptions under this subsection.'';
            (4) by striking subsection (f) and inserting the following:
    ``(f) Victim Impact Statement.--
            ``(1) Probation officer.--In preparing the presentence 
        report pursuant to rule 32(c) of the Federal Rules of Criminal 
        Procedure, the probation officer shall request information from 
        the multidisciplinary child abuse team, if applicable, or other 
        appropriate sources to determine the impact of the offense on a 
        child victim and any other children who may have been affected 
        by the offense.
            ``(2) Guardian ad litem.--A guardian ad litem appointed 
        under subsection (h) shall--
                    ``(A) make every effort to obtain and report 
                information that accurately expresses the views of a 
                child victim, and the views of family members as 
                appropriate, concerning the impact of the offense; and
                    ``(B) use forms that permit a child victim to 
                express the child's views concerning the personal 
                consequences of the offense, at a level and in a form 
                of communication commensurate with the child's age and 
                ability.'';
            (5) in subsection (h), by adding at the end the following:
            ``(4) Authorization of appropriations.--
                    ``(A) In general.--There is authorized to be 
                appropriated to the United States courts to carry out 
                this subsection $25,000,000 for each fiscal year.
                    ``(B) Supervision of payments.--Payments from 
                appropriations authorized under subparagraph (A) shall 
                be made under the supervision of the Director of the 
                Administrative Office of the United States Courts.'';
            (6) in subsection (i)--
                    (A) by striking ``A child testifying at or 
                attending a judicial proceeding'' and inserting the 
                following:
            ``(1) In general.--A child testifying at a judicial 
        proceeding, including in a manner described in subsection 
        (b),'';
                    (B) in paragraph (1), as so designated--
                            (i) in the third sentence, by striking 
                        ``proceeding'' and inserting ``testimony''; and
                            (ii) by striking the fifth sentence; and
                    (C) by adding at the end the following:
            ``(2) Recording.--If the adult attendant is in close 
        physical proximity to or in contact with the child while the 
        child testifies--
                    ``(A) at a judicial proceeding, a video recording 
                of the adult attendant shall be made and shall become 
                part of the court record; or
                    ``(B) in a manner described in subsection (b), the 
                adult attendant shall be visible on the closed-circuit 
                television or in the recorded deposition.
            ``(3) Covered persons attending proceeding.--A covered 
        person shall have the right to be accompanied by an adult 
        attendant when attending any judicial proceeding.'';
            (7) in subsection (j)--
                    (A) by striking ``child'' each place the term 
                appears and inserting ``covered person''; and
                    (B) in the fourth sentence--
                            (i) by striking ``and the potential'' and 
                        inserting ``, the potential'';
                            (ii) by striking ``child's'' and inserting 
                        ``covered person's''; and
                            (iii) by inserting before the period at the 
                        end the following: ``, and the necessity of the 
                        continuance to protect the defendant's 
                        rights'';
            (8) in subsection (k), by striking ``child'' each place the 
        term appears and inserting ``covered person'';
            (9) in subsection (l), by striking ``child'' each place the 
        term appears and inserting ``covered person''; and
            (10) in subsection (m)--
                    (A) by striking ``(as defined by section 2256 of 
                this title)'' each place it appears;
                    (B) in paragraph (1), by inserting ``and any civil 
                action brought under section 2255 or 2255A'' after 
                ``any criminal proceeding'';
                    (C) in paragraph (2), by adding at the end the 
                following:
            ``(C)(i) Notwithstanding Rule 26 of the Federal Rules of 
        Civil Procedure, a court shall deny, in any civil action 
        brought under section 2255 or 2255A, any request by any party 
        to copy, photograph, duplicate, or otherwise reproduce any 
        property or material that constitutes child pornography.
            ``(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
                    (D) in paragraph (3)--
                            (i) by inserting ``and during the 1-year 
                        period following the date on which the criminal 
                        proceeding becomes final or is terminated'' 
                        after ``any criminal proceeding''; and
                            (ii) by striking ``, as defined under 
                        section 2256(8),''.
    (b) Effective Date.--The amendments made by this section shall 
apply to conduct that occurs before, on, or after the date of enactment 
of this Act.

SEC. 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 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 containing--
                    ``(A) the mailing address, telephone number, 
                facsimile number, electronic mailing address of, and 
                individual point of contact for, such provider; and
                    ``(B) information described in subsection (b) 
                concerning such facts or circumstances or apparent 
                child pornography, including any available information 
                to identify or locate any involved minor.
            ``(2) Facts or circumstances.--The facts or circumstances 
        described in this paragraph are any facts or circumstances 
        indicating an apparent, planned, or imminent violation of 
        section 1591 (if the violation involves a minor), 2251, 2251A, 
        2252, 2252A, 2252B, 2260, or 2422(b).
    ``(b) Contents of Report.--
            ``(1) In general.--In an effort to prevent the future 
        sexual victimization of children, and to the extent the 
        information is within the custody or control of a provider, 
        each report provided under subsection (a)(1)--
                    ``(A) shall include, to the extent that it is 
                applicable and reasonably available--
                            ``(i) the name, address, electronic mail 
                        address, user or account identification, 
                        Internet Protocol address, and uniform resource 
                        locator of any individual who is a subject of 
                        the report;
                            ``(ii) the terms of service in effect at 
                        the time of--
                                    ``(I) the apparent violation; or
                                    ``(II) the detection of apparent 
                                child pornography or a planned or 
                                imminent violation;
                            ``(iii) a copy of any apparent child 
                        pornography that is the subject of the report 
                        that was 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; and
                            ``(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) has previously been the 
                                subject of a report under subsection 
                                (a)(1); or
                                    ``(II) is the subject of multiple 
                                contemporaneous reports due to rapid 
                                and widespread distribution; and
                    ``(B) may, at the sole discretion of the provider, 
                include the information described in paragraph (2) of 
                this subsection.
            ``(2) Other information.--The information referred to in 
        paragraph (1)(B) is the following:
                    ``(A) Information about any involved individual.--
                Any information relating to the identity or location of 
                any individual who is a subject of the report, 
                including payment information (excluding personally 
                identifiable information) and self-reported identifying 
                or locating information.
                    ``(B) Information about any involved minor.--
                Information relating to the identity or location of any 
                involved minor, which may include an address, 
                electronic mail address, Internet Protocol address, 
                uniform resource locator, or any other information that 
                may identify or locate any involved minor, including 
                self-reported identifying or locating information.
                    ``(C) Historical reference.--Information relating 
                to when and how a customer or subscriber of a provider 
                uploaded, transmitted, or received content relating to 
                the report or when and how content relating to the 
                report was reported to, or discovered by the provider, 
                including a date and time stamp and time zone.
                    ``(D) Geographic location information.--Information 
                relating to the geographic location of the involved 
                individual or website, which may include the Internet 
                Protocol address or verified address, or, if not 
                reasonably available, at least one form of geographic 
                identifying information, including area code or zip 
                code, provided by the customer or subscriber, or stored 
                or obtained by the provider.
                    ``(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.
            ``(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 adding at the end 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 2024, and of each year thereafter, a provider that had more 
        than 1,000,000 unique monthly visitors or users during each 
        month of the preceding year and accrued revenue of more than 
        $50,000,000 during the preceding year shall submit to the 
        Attorney General and the Chair of the Federal Trade Commission 
        a report, disaggregated by subsidiary, that provides the 
        following information for the preceding year to the extent such 
        information is applicable and reasonably available:
                    ``(A) Cybertipline data.--
                            ``(i) The total number of reports that the 
                        provider submitted under subsection (a)(1).
                            ``(ii) Which items of information described 
                        in subsection (b)(2) are routinely included in 
                        the reports submitted by the provider under 
                        subsection (a)(1).
                    ``(B) Report and remove data.--With respect to 
                section 6 of the STOP CSAM Act of 2024--
                            ``(i) a description of the provider's 
                        designated reporting system;
                            ``(ii) the number of complete notifications 
                        received;
                            ``(iii) the number of items of child sexual 
                        abuse material that were removed; and
                            ``(iv) the total amount of any fine ordered 
                        and paid.
                    ``(C) Other reporting to the provider.--
                            ``(i) The measures the provider has in 
                        place to receive other reports concerning child 
                        sexual exploitation and abuse using the 
                        provider's product or on the provider's 
                        service.
                            ``(ii) The average time for responding to 
                        reports described in clause (i).
                            ``(iii) The number of reports described in 
                        clause (i) that the provider received.
                            ``(iv) A summary description of the actions 
                        taken upon receipt of the reports described in 
                        clause (i).
                    ``(D) Policies.--
                            ``(i) A description of the policies of the 
                        provider with respect to the commission of 
                        child sexual exploitation and abuse using the 
                        provider's product or on the provider's 
                        service, including how child sexual 
                        exploitation and abuse is defined.
                            ``(ii) A description of possible 
                        consequences for violations of the policies 
                        described in clause (i).
                            ``(iii) The methods of informing users of 
                        the policies described in clause (i).
                            ``(iv) The process for adjudicating 
                        potential violations of the policies described 
                        in clause (i).
                    ``(E) Culture of safety.--
                            ``(i) The measures and technologies that 
                        the provider deploys to protect children from 
                        sexual exploitation and abuse using the 
                        provider's product or service.
                            ``(ii) The measures and technologies that 
                        the provider deploys to prevent the use of the 
                        provider's product or service by individuals 
                        seeking to commit child sexual exploitation and 
                        abuse.
                            ``(iii) Factors that interfere with the 
                        provider's ability to detect or evaluate 
                        instances of child sexual exploitation and 
                        abuse.
                            ``(iv) An assessment of the efficacy of the 
                        measures and technologies described in clauses 
                        (i) and (ii) and the impact of the factors 
                        described in clause (iii).
                    ``(F) Safety by design.--The measures that the 
                provider takes before launching a new product or 
                service to assess--
                            ``(i) the safety risks for children with 
                        respect to sexual exploitation and abuse; and
                            ``(ii) whether and how individuals could 
                        use the new product or service to commit child 
                        sexual exploitation and abuse.
                    ``(G) Trends and patterns.--Any information 
                concerning emerging trends and changing patterns with 
                respect to the commission of online child sexual 
                exploitation and abuse.
            ``(2) Avoiding duplication.--Notwithstanding the 
        requirement under the matter preceding paragraph (1) that 
        information be submitted annually, in the case of any report 
        submitted under that paragraph after the initial report, a 
        provider shall submit information described in subparagraphs 
        (D) through (G) of that paragraph not less frequently than once 
        every 3 years or when new information is available, whichever 
        is more frequent.
            ``(3) Limitation.--Nothing in paragraph (1) shall require 
        the disclosure of trade secrets or other proprietary 
        information.
            ``(4) Publication.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Attorney General and the Chair of the Federal Trade 
                Commission shall publish the reports received under 
                this subsection.
                    ``(B) Redaction.--
                            ``(i) In general.--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 that is law 
                                        enforcement sensitive or 
                                        otherwise not suitable for 
                                        public distribution, whether or 
                                        not requested.'';
            (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 
                conducted 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 ``this section, 
                                sections'' and inserting ``this section 
                                or section''; and
                                    (II) by striking the period and 
                                inserting ``; or''; and
                            (iii) by adding at the end the following:
            ``(3) for purposes of subsection (a)(2)(C), knowingly 
        distributed or transmitted the material, or made the material 
        available, except as required by law, to--
                    ``(A) any other entity;
                    ``(B) any person not employed by the provider or 
                domain name registrar; or
                    ``(C) any person employed by the provider or domain 
                name registrar who is not conducting any research 
                described in that subsection.'';
            (3) in section 2258C--
                    (A) in the section heading, by striking ``the 
                CyberTipline'' and inserting ``NCMEC'';
                    (B) in subsection (a)--
                            (i) in the subsection heading, by striking 
                        ``Elements'' and inserting ``Provision to 
                        Providers and Nonprofit Entities'';
                            (ii) in paragraph (1)--
                                    (I) by striking ``to a provider'' 
                                and inserting the following: ``or 
                                submission to the child victim 
                                identification program to--
                    ``(A) a provider'';
                                    (II) in subparagraph (A), as so 
                                designated--
                                            (aa) by inserting ``use of 
                                        the provider's products or 
                                        services to commit'' after 
                                        ``stop the''; and
                                            (bb) by striking the period 
                                        at the end and inserting ``; 
                                        or''; and
                                    (III) by adding at the end the 
                                following:
                    ``(B) a nonprofit entity for the sole and exclusive 
                purpose of preventing and curtailing the online sexual 
                exploitation of children.''; and
                            (iii) in paragraph (2)--
                                    (I) in the heading, by striking 
                                ``Inclusions'' and inserting 
                                ``Elements'';
                                    (II) by striking ``unique 
                                identifiers'' and inserting ``similar 
                                technical identifiers''; and
                                    (III) by inserting ``or submission 
                                to the child victim identification 
                                program'' after ``CyberTipline 
                                report'';
                    (C) in subsection (b)--
                            (i) in the heading, by inserting ``or 
                        Nonprofit Entities'' after ``Providers'';
                            (ii) by striking ``Any provider'' and 
                        inserting the following:
            ``(1) In general.--Any provider or nonprofit entity'';
                            (iii) in paragraph (1), as so designated--
                                    (I) by striking ``receives'' and 
                                inserting ``obtains''; and
                                    (II) by inserting ``or submission 
                                to the child victim identification 
                                program'' after ``CyberTipline 
                                report''; and
                            (iv) by adding at the end the following:
            ``(2) Limitation on sharing with other entities.--A 
        provider or nonprofit entity that obtains elements under 
        subsection (a)(1) may not distribute those elements, or make 
        those elements available, to any other entity, except for the 
        sole and exclusive purpose of stopping the online sexual 
        exploitation of children.'';
                    (D) in subsection (c)--
                            (i) by striking ``subsections'' and 
                        inserting ``subsection'';
                            (ii) by striking ``providers receiving'' 
                        and inserting ``a provider to obtain'';
                            (iii) by inserting ``or submission to the 
                        child victim identification program'' after 
                        ``CyberTipline report''; and
                            (iv) by striking ``to use the elements to 
                        stop the online sexual exploitation of 
                        children''; and
                    (E) in subsection (d), by inserting ``or to the 
                child victim identification program'' after 
                ``CyberTipline'';
            (4) in section 2258E--
                    (A) in paragraph (6), by striking ``electronic 
                communication service provider'' and inserting 
                ``electronic communication service'';
                    (B) in paragraph (7), by striking ``and'' at the 
                end;
                    (C) in paragraph (8), by striking the period at the 
                end and inserting a semicolon; and
                    (D) by adding at the end the following:
            ``(9) the term `publicly available', with respect to a 
        visual depiction on a provider's service, means the visual 
        depiction can be viewed by or is accessible to all users of the 
        service, regardless of the steps, if any, a user must take to 
        create an account or to gain access to the service in order to 
        access or view the visual depiction; and
            ``(10) the term `child victim identification program' means 
        the program described in section 404(b)(1)(K)(ii) of the 
        Juvenile Justice and Delinquency Prevention Act of 1974 (34 
        U.S.C. 11293(b)(1)(K)(ii)).'';
            (5) in section 2259B(a), by inserting ``, any fine or 
        penalty collected under section 2258A(e) or subparagraph (A) of 
        section 6(g)(24) of the STOP CSAM Act of 2024 (except as 
        provided in clauses (i) and (ii)(I) of subparagraph (B) of such 
        section 6(g)(24)),'' after ``2259A''; and
            (6) by adding at the end the following:
``Sec. 2260B. Liability for certain child 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 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. Civil remedy against online platforms and app stores
    ``(a) In General.--
            ``(1) Promotion or aiding and abetting of certain 
        violations.--Any person who is a victim of the intentional or 
        knowing promotion, or aiding and abetting, of a violation of 
        section 1591 or 1594(c) (involving a minor), or section 2251, 
        2251A, 2252, 2252A, or 2422(b), where such promotion, or aiding 
        and abetting, is by a provider of an interactive computer 
        service or an app store, and who suffers personal injury as a 
        result of such promotion or aiding and abetting, regardless of 
        when the injury occurred, may bring a civil action in any 
        appropriate United States District Court for relief set forth 
        in subsection (b).
            ``(2) Activities involving child pornography.--Any person 
        who is a victim of the intentional or knowing 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) Knowledge with respect to each item required.--For 
        purposes of a claim brought under subsection (a)(2), the term 
        `knowing' shall be construed to mean knowledge of each item of 
        child pornography that the provider hosted, stored, or made 
        available.
    ``(g) Encryption Technologies.--
            ``(1) In general.--None of the following actions or 
        circumstances shall serve as an independent basis for liability 
        under subsection (a):
                    ``(A) Utilizing full end-to-end encrypted messaging 
                services, device encryption, or other encryption 
                services.
                    ``(B) Not possessing the information necessary to 
                decrypt a communication.
                    ``(C) Failing to take an action that would 
                otherwise undermine the ability to offer full end-to-
                end encrypted messaging services, device encryption, or 
                other encryption services.
            ``(2) Consideration of evidence.--
                    ``(A) Permitted use.--Evidence of actions or 
                circumstances described in paragraph (1) shall be 
                admissible in a civil action brought under subsection 
                (a) only if--
                            ``(i) the actions or circumstances are 
                        relevant under rules 401 and 402 of the Federal 
                        Rules of Evidence to--
                                    ``(I) prove motive, intent, 
                                preparation, plan, absence of mistake, 
                                or lack of accident; or
                                    ``(II) rebut any evidence or 
                                factual or legal claim; and
                            ``(ii) the actions or circumstances are not 
                        subject to exclusion under rule 403 of the 
                        Federal Rules of Evidence.
                    ``(B) Notice.--In a civil action brought under 
                subsection (a), a plaintiff seeking to introduce 
                evidence of actions or circumstances under subparagraph 
                (A) of this paragraph shall--
                            ``(i) provide reasonable notice--
                                    ``(I) in writing before trial; or
                                    ``(II) in any form during trial if 
                                the court, for good cause, excuses lack 
                                of pretrial notice; and
                            ``(ii) articulate in the notice described 
                        in clause (i) the permitted purpose for which 
                        the plaintiff intends to offer the evidence and 
                        the reasoning that supports the purpose.
    ``(h) Defense.--In a claim under subsection (a)(2) involving 
knowing conduct, it shall be a defense, which the provider of an 
interactive computer service must establish by a preponderance of the 
evidence, 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); or
            ``(2) the provider--
                    ``(A) 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; and
                    ``(B) determined 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.--
            ``(1) In general.--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).
            ``(2) Definition of bad faith civil action.--For purposes 
        of paragraph (1), the term `bad faith civil action' means a 
        civil action brought under subsection (a) in bad faith where 
        the finder of fact determined that at the time the civil action 
        was filed, the party, attorney, or law firm described in 
        paragraph (1) had actual knowledge that the alleged conduct--
                    ``(A) did not involve any minor; or
                    ``(B) did not involve any child pornography.
            ``(3) 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.
            ``(4) 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 (2)(B) 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.''.
            (2) Conforming amendment.--The table of sections for 
        chapter 110 of title 18, United States Code, is amended by 
        inserting after the item relating to section 2255 the 
        following:

``2255A. Civil remedy against online platforms and app stores.''.

SEC. 6. REPORTING AND REMOVAL OF CHILD SEXUAL ABUSE MATERIAL; 
              ESTABLISHMENT OF CHILD ONLINE PROTECTION BOARD.

    (a) Findings.--Congress finds the following:
            (1) Over 40 years ago, the Supreme Court of the United 
        States ruled in New York v. Ferber, 458 U.S. 747 (1982), that 
        child sexual abuse material (referred to in this subsection as 
        ``CSAM'') is a ``category of material outside the protections 
        of the First Amendment''. The Court emphasized that children 
        depicted in CSAM are harmed twice: first through the abuse and 
        exploitation inherent in the creation of the materials, and 
        then through the continued circulation of the imagery, which 
        inflicts its own emotional and psychological injury.
            (2) The Supreme Court reiterated this point 10 years ago in 
        Paroline v. United States, 572 U.S. 434 (2014), when it 
        explained that CSAM victims suffer ``continuing and grievous 
        harm as a result of [their] knowledge that a large, 
        indeterminate number of individuals have viewed and will in the 
        future view images of the sexual abuse they endured''.
            (3) In these decisions, the Supreme Court noted that the 
        distribution of CSAM invades the privacy interests of the 
        victims.
            (4) The co-mingling online of CSAM with other, non-explicit 
        depictions of the victims links the victim's identity with the 
        images of their abuse. This further invades a victim's privacy 
        and disrupts their sense of security, thwarting what the 
        Supreme Court has described as ``the individual interest in 
        avoiding disclosure of personal matters''.
            (5) The internet is awash with child sexual abuse material. 
        In 2022, the CyberTipline, operated by the National Center for 
        Missing & Exploited Children to combat online child sexual 
        exploitation, received reports about 49,400,000 images and 
        37,700,000 videos depicting child sexual abuse.
            (6) Since 2017, Project Arachnid, operated by the Canadian 
        Centre for Child Protection, has sent over 38,000,000 notices 
        to online providers about CSAM and other exploitive material 
        found on their platforms. According to the Canadian Centre, 
        some providers are slow to remove the material, or take it down 
        only for it to be reposted again a short time later.
            (7) This legislation is needed to create an easy-to-use and 
        effective procedure to get CSAM and harmful related imagery 
        quickly taken offline and kept offline to protect children, 
        stop the spread of illegal and harmful content, and thwart the 
        continued invasion of the victims' privacy.
    (b) Implementation.--
            (1) Implementation.--Except as provided in paragraph (2), 
        not later than 1 year after the date of enactment of this Act, 
        the Child Online Protection Board established under subsection 
        (d), shall begin operations, at which point providers shall 
        begin receiving notifications as set forth in subsection 
        (c)(2).
            (2) Extension.--The Commission may extend the deadline 
        under paragraph (1) by not more than 180 days if the Commission 
        provides notice of the extension to the public and to Congress.
            (3) Public notice.--The Commission shall provide notice to 
        the public of the date that the Child Online Protection Board 
        established under subsection (d) is scheduled to begin 
        operations on--
                    (A) the date that is 60 days before such date that 
                the Board is scheduled to begin operations; and
                    (B) the date that is 30 days before such date that 
                the Board is scheduled to begin operations.
    (c) Reporting and Removal of Child Sexual Abuse Material.--
            (1) In general.--If a provider receives a complete 
        notification as set forth in paragraph (2)(A) that the provider 
        is hosting child sexual abuse material, as soon as possible, 
        but in any event not later than 48 hours after such 
        notification is received by the provider (or, in the case of a 
        small provider, not later than 2 business days after such 
        notification is received by the small provider), the provider 
        shall--
                    (A)(i) remove the child sexual abuse material; and
                    (ii) notify the complainant that it has done so; or
                    (B) notify the complainant that the provider--
                            (i) has determined that the visual 
                        depiction referenced in the notification does 
                        not constitute child sexual abuse material;
                            (ii) is unable to remove the child sexual 
                        abuse material using reasonable means; or
                            (iii) has determined that the notification 
                        is duplicative under paragraph (2)(C)(i).
            (2) Notifications.--
                    (A) In general.--To be complete under this 
                subsection, a notification must be a written 
                communication to the designated reporting system of the 
                provider (or, if the provider does not have a 
                designated reporting system, a written communication 
                that is served on the provider in accordance with 
                subparagraph (F)) that includes the following:
                            (i) An identification of, and information 
                        reasonably sufficient to permit the provider to 
                        locate, the child sexual abuse material. Such 
                        information may include, at the option of the 
                        complainant, a copy of the child sexual abuse 
                        material or the uniform resource locator where 
                        such child sexual abuse material is located.
                            (ii) The complainant's name and contact 
                        information, to include a mailing address, 
                        telephone number, and an electronic mail 
                        address, except that, if the complainant is the 
                        victim depicted in the child sexual abuse 
                        material, the complainant may elect to use an 
                        alias, including for purposes of the signed 
                        statement described in clause (v), and omit a 
                        mailing address.
                            (iii) If applicable, a statement indicating 
                        that the complainant has previously notified 
                        the provider about the child sexual abuse 
                        material which may, at the option of the 
                        complainant, include a copy of the previous 
                        notification.
                            (iv) A statement indicating that the 
                        complainant has a good faith belief that the 
                        information in the notification is accurate.
                            (v) A signed statement under penalty of 
                        perjury indicating that the notification is 
                        submitted by--
                                    (I) the victim depicted in the 
                                child sexual abuse material;
                                    (II) an authorized representative 
                                of the victim depicted in the child 
                                sexual abuse material; or
                                    (III) a qualified organization.
                    (B) Inclusion of additional visual depictions in a 
                notification.--
                            (i) Multiple items of child sexual abuse 
                        material in same notification.--A notification 
                        may contain information about more than one 
                        item of child sexual abuse material, but shall 
                        only be effective with respect to each item of 
                        child sexual abuse material included in the 
                        notification to the extent that the 
                        notification includes sufficient information to 
                        identify and locate such item of child sexual 
                        abuse material.
                            (ii) Related exploitive visual 
                        depictions.--
                                    (I) In general.--A notification may 
                                contain information about any related 
                                exploitive visual depictions associated 
                                with the child sexual abuse material 
                                described in the notification, along 
                                with the information described in 
                                subparagraph (A)(i) for each related 
                                exploitive visual depiction. Such 
                                notification shall clearly indicate 
                                which visual depiction is a related 
                                exploitive visual depiction. Such 
                                notification shall include a statement 
                                indicating that the complainant 
                                acknowledges that the provider may, but 
                                is not required to, remove the related 
                                exploitive visual depiction, and that 
                                the complainant cannot file a petition 
                                with the Child Online Protection Board 
                                concerning any alleged failure to 
                                remove a related exploitive visual 
                                depiction.
                                    (II) No obligation.--A provider 
                                shall not be required to take any 
                                action under this section concerning a 
                                related exploitive visual depiction. A 
                                provider may, in its sole discretion, 
                                remove a related exploitive visual 
                                depiction. The procedure set forth in 
                                subsection (g)(1) shall not apply to 
                                related exploitive visual depictions.
                    (C) Limitation on duplicative notifications.--
                            (i) In general.--After a complainant has 
                        submitted a notification to a provider, the 
                        complainant may submit additional notifications 
                        at any time only if the subsequent 
                        notifications involve--
                                    (I) a different item of child 
                                sexual abuse material;
                                    (II) the same item of child sexual 
                                abuse material relating to a minor that 
                                is in a different location; or
                                    (III) recidivist hosting.
                            (ii) No obligation.--A provider who 
                        receives any additional notifications that do 
                        not comply with clause (i) shall not be 
                        required to take any additional action except--
                                    (I) as may be required with respect 
                                to the original notification; and
                                    (II) to notify the complainant as 
                                provided in paragraph (1)(B)(iii).
                    (D) Incomplete or misdirected notification.--
                            (i) Requirement to contact complainant 
                        regarding insufficient information.--
                                    (I) Requirement to contact 
                                complainant.--If a notification that is 
                                submitted to a provider under this 
                                subsection does not contain sufficient 
                                information under subparagraph (A)(i) 
                                to identify or locate the child sexual 
                                abuse material that is the subject of 
                                the notification but does contain the 
                                complainant contact information 
                                described in subparagraph (A)(ii), the 
                                provider shall, not later than 48 hours 
                                after receiving the notification (or, 
                                in the case of a small provider, not 
                                later than 2 business days after such 
                                notification is received by the small 
                                provider), contact the complainant via 
                                electronic mail address to obtain such 
                                information.
                                    (II) Effect of complainant 
                                providing sufficient information.--If 
                                the provider is able to contact the 
                                complainant and obtain sufficient 
                                information to identify or locate the 
                                child sexual abuse material that is the 
                                subject of the notification, the 
                                provider shall then proceed as set 
                                forth in paragraph (1), except that the 
                                applicable timeframes described in such 
                                paragraph shall commence on the day the 
                                provider receives the information 
                                needed to identify or locate the child 
                                sexual abuse material.
                                    (III) Effect of complainant 
                                inability to provide sufficient 
                                information.--If the provider is able 
                                to contact the complainant but does not 
                                obtain sufficient information to 
                                identify or locate the child sexual 
                                abuse material that is the subject of 
                                the notification, the provider shall so 
                                notify the complainant not later than 
                                48 hours after the provider determines 
                                that it is unable to identify or locate 
                                the child sexual abuse material (or, in 
                                the case of a small provider, not later 
                                than 2 business days after the small 
                                provider makes such determination), 
                                after which no further action by the 
                                provider is required and receipt of the 
                                notification shall not be considered in 
                                determining whether the provider has 
                                actual knowledge of any information 
                                described in the notification.
                                    (IV) Effect of complainant failure 
                                to respond.--If the complainant does 
                                not respond to the provider's attempt 
                                to contact the complainant under this 
                                clause within 14 days of such attempt, 
                                no further action by the provider is 
                                required and receipt of the 
                                notification shall not be considered in 
                                determining whether the provider has 
                                actual knowledge of any information 
                                described in the notification.
                            (ii) Treatment of incomplete notification 
                        where complainant cannot be contacted.--If a 
                        notification that is submitted to a provider 
                        under this subsection does not contain 
                        sufficient information under subparagraph 
                        (A)(i) to identify or locate the child sexual 
                        abuse material that is the subject of the 
                        notification and does not contain the 
                        complainant contact information described in 
                        subparagraph (A)(ii) (or if the provider is 
                        unable to contact the complainant using such 
                        information), no further action by the provider 
                        is required and receipt of the notification 
                        shall not be considered in determining whether 
                        the provider has actual knowledge of any 
                        information described in the notification.
                            (iii) Treatment of notification not 
                        submitted to designated reporting system.--If a 
                        provider has a designated reporting system, and 
                        a complainant submits a notification under this 
                        subsection to the provider without using such 
                        system, the provider shall not be considered to 
                        have received the notification.
                    (E) Option to contact complainant regarding the 
                child sexual abuse material.--
                            (i) Contact with complainant.--If the 
                        provider believes that the child sexual abuse 
                        material referenced in the notification does 
                        not meet the definition of such term as 
                        provided in subsection (r)(10), the provider 
                        may, not later than 48 hours after receiving 
                        the notification (or, in the case of a small 
                        provider, not later than 2 business days after 
                        such notification is received by the small 
                        provider), contact the complainant via 
                        electronic mail address to so indicate.
                            (ii) Failure to respond.--If the 
                        complainant does not respond to the provider 
                        within 14 days after receiving the 
                        notification, no further action by the provider 
                        is required and receipt of the notification 
                        shall not be considered in determining whether 
                        the provider has actual knowledge of any 
                        information described in the notification.
                            (iii) Complainant response.--If the 
                        complainant responds to the provider within 14 
                        days after receiving the notification, the 
                        provider shall then proceed as set forth in 
                        paragraph (1), except that the applicable 
                        timeframes described in such paragraph shall 
                        commence on the day the provider receives the 
                        complainant's response.
                    (F) Service of notification where provider has no 
                designated reporting system; process where complainant 
                cannot serve provider.--
                            (i) No designated reporting system.--If a 
                        provider does not have a designated reporting 
                        system, a complainant may serve the provider 
                        with a notification under this subsection to 
                        the provider in the same manner that petitions 
                        are required to be served under subsection 
                        (g)(4).
                            (ii) Complainant cannot serve provider.--If 
                        a provider does not have a designated reporting 
                        system and a complainant cannot reasonably 
                        serve the provider with a notification as 
                        described in clause (i), the complainant may 
                        bring a petition under subsection (g)(1) 
                        without serving the provider with the 
                        notification.
                    (G) Recidivist hosting.--If a provider engages in 
                recidivist hosting of child sexual abuse material, in 
                addition to any action taken under this section, a 
                complainant may submit a report concerning such 
                recidivist hosting to the CyberTipline operated by the 
                National Center for Missing and Exploited Children, or 
                any successor to the CyberTipline operated by the 
                National Center for Missing and Exploited Children.
                    (H) Preservation.--A provider that receives a 
                complete notification under this subsection shall 
                preserve the information in such notification in 
                accordance with the requirements of sections 2713 and 
                2258A(h) of title 18, United States Code. For purposes 
                of this subparagraph, the period for which providers 
                shall be required to preserve information in accordance 
                with such section 2258A(h) may be extended in 90-day 
                increments on written request by the complainant or 
                order of the Board.
                    (I) Non-disclosure.--Except as otherwise provided 
                in subsection (g)(19)(C), for 120 days following 
                receipt of a notification under this subsection, a 
                provider may not disclose the existence of the 
                notification to any person or entity except to an 
                attorney for purposes of obtaining legal advice, the 
                Board, the Commission, a law enforcement agency 
                described in subparagraph (A), (B), or (C) of section 
                2258A(g)(3) of title 18, United States Code, the 
                National Center for Missing and Exploited Children, or 
                as necessary to respond to legal process. Nothing in 
                the preceding sentence shall be construed to infringe 
                on the provider's ability to communicate general 
                information about terms of service violations.
    (d) Establishment of Child Online Protection Board.--
            (1) In general.--There is established in the Federal Trade 
        Commission a Child Online Protection Board, which shall 
        administer and enforce the requirements of subsection (e) in 
        accordance with this section.
            (2) Officers and staff.--The Board shall be composed of 3 
        full-time Child Online Protection Officers who shall be 
        appointed by the Commission in accordance with paragraph 
        (5)(A). A vacancy on the Board shall not impair the right of 
        the remaining Child Online Protection Officers to exercise the 
        functions and duties of the Board.
            (3) Child online protection attorneys.--Not fewer than 2 
        full-time Child Online Protection Attorneys shall be hired to 
        assist in the administration of the Board.
            (4) Technological adviser.--One or more technological 
        advisers may be hired to assist with the handling of digital 
        evidence and consult with the Child Online Protection Officers 
        on matters concerning digital evidence and technological 
        issues.
            (5) Qualifications.--
                    (A) Officers.--
                            (i) In general.--Each Child Online 
                        Protection Officer shall be an attorney duly 
                        licensed in at least 1 United States 
                        jurisdiction who has not fewer than 7 years of 
                        legal experience concerning child sexual abuse 
                        material and technology-facilitated crimes 
                        against children.
                            (ii) Experience.--Two of the Child Online 
                        Protection Officers shall have substantial 
                        experience in the evaluation, litigation, or 
                        adjudication of matters relating to child 
                        sexual abuse material or technology-facilitated 
                        crimes against children.
                    (B) Attorneys.--Each Child Online Protection 
                Attorney shall be an attorney duly licensed in at least 
                1 United States jurisdiction who has not fewer than 3 
                years of substantial legal experience concerning child 
                sexual abuse material and technology-facilitated crimes 
                against children.
                    (C) Technological adviser.--A technological adviser 
                shall have at least one year of specialized experience 
                with digital forensic analysis.
            (6) Compensation.--
                    (A) Child online protection officers.--
                            (i) Definition.--In this subparagraph, the 
                        term ``senior level employee of the Federal 
                        Government'' means an employee, other than an 
                        employee in the Senior Executive Service, the 
                        position of whom is classified above GS-15 of 
                        the General Schedule.
                            (ii) Pay range.--Each Child Online 
                        Protection Officer shall be compensated at a 
                        rate of pay that is not less than the minimum, 
                        and not more than the maximum, rate of pay 
                        payable for senior level employees of the 
                        Federal Government, including locality pay, as 
                        applicable.
                    (B) Child online protection attorneys.--Each Child 
                Online Protection Attorney shall be compensated at a 
                rate of pay that is not more than the maximum rate of 
                pay payable for level 10 of GS-15 of the General 
                Schedule, including locality pay, as applicable.
                    (C) Technological adviser.--A technological adviser 
                of the Board shall be compensated at a rate of pay that 
                is not more than the maximum rate of pay payable for 
                level 10 of GS-14 of the General Schedule, including 
                locality pay, as applicable.
            (7) Vacancy.--If a vacancy occurs in the position of Child 
        Online Protection Officer, the Commission shall act 
        expeditiously to appoint an Officer for that position.
            (8) Sanction or removal.--Subject to subsection (e)(2), the 
        Chair of the Commission or the Commission may sanction or 
        remove a Child Online Protection Officer.
            (9) Administrative support.--The Commission shall provide 
        the Child Online Protection Officers and Child Online 
        Protection Attorneys with necessary administrative support, 
        including technological facilities, to carry out the duties of 
        the Officers and Attorneys under this section. The Department 
        of Justice may provide equipment for and guidance on the 
        storage and handling of child sexual abuse material.
            (10) Location of board.--The offices and facilities of the 
        Child Online Protection Officers and Child Online Protection 
        Attorneys shall be located at the headquarters or other office 
        of the Commission.
    (e) Authority and Duties of the Board.--
            (1) Functions.--
                    (A) Officers.--Subject to the provisions of this 
                section and applicable regulations, the functions of 
                the Officers of the Board shall be as follows:
                            (i) To render determinations on petitions 
                        that may be brought before the Officers under 
                        this section.
                            (ii) To ensure that petitions and responses 
                        are properly asserted and otherwise appropriate 
                        for resolution by the Board.
                            (iii) To manage the proceedings before the 
                        Officers and render determinations pertaining 
                        to the consideration of petitions and 
                        responses, including with respect to 
                        scheduling, discovery, evidentiary, and other 
                        matters.
                            (iv) To request, from participants and 
                        nonparticipants in a proceeding, the production 
                        of information and documents relevant to the 
                        resolution of a petition or response.
                            (v) To conduct hearings and conferences.
                            (vi) To facilitate the settlement by the 
                        parties of petitions and responses.
                            (vii) To impose fines as set forth in 
                        subsection (g)(24).
                            (viii) To provide information to the public 
                        concerning the procedures and requirements of 
                        the Board.
                            (ix) To maintain records of the proceedings 
                        before the Officers, certify official records 
                        of such proceedings as needed, and, as provided 
                        in subsection (g)(19)(A), make the records in 
                        such proceedings available to the public.
                            (x) To carry out such other duties as are 
                        set forth in this section.
                            (xi) When not engaged in performing the 
                        duties of the Officers set forth in this 
                        section, to perform such other duties as may be 
                        assigned by the Chair of the Commission or the 
                        Commission.
                    (B) Attorneys.--Subject to the provisions of this 
                section and applicable regulations, the functions of 
                the Attorneys of the Board shall be as follows:
                            (i) To provide assistance to the Officers 
                        of the Board in the administration of the 
                        duties of those Officers under this section.
                            (ii) To provide assistance to complainants, 
                        providers, and members of the public with 
                        respect to the procedures and requirements of 
                        the Board.
                            (iii) When not engaged in performing the 
                        duties of the Attorneys set forth in this 
                        section, to perform such other duties as may be 
                        assigned by the Commission.
                    (C) Designated service agents.--The Board may 
                maintain a publicly available directory of service 
                agents designated to receive service of petitions filed 
                with the Board.
            (2) Independence in determinations.--
                    (A) In general.--The Board shall render the 
                determinations of the Board in individual proceedings 
                independently on the basis of the records in the 
                proceedings before it and in accordance with the 
                provisions of this section, judicial precedent, and 
                applicable regulations of the Commission.
                    (B) Performance appraisals.--Notwithstanding any 
                other provision of law or any regulation or policy of 
                the Commission, any performance appraisal of an Officer 
                or Attorney of the Board may not consider the 
                substantive result of any individual determination 
                reached by the Board as a basis for appraisal except to 
                the extent that result may relate to any actual or 
                alleged violation of an ethical standard of conduct.
            (3) Direction by commission.--Subject to paragraph (2), the 
        Officers and Attorneys shall, in the administration of their 
        duties, be under the supervision of the Chair of the 
        Commission.
            (4) Inconsistent duties barred.--An Officer or Attorney of 
        the Board may not undertake any duty that conflicts with the 
        duties of the Officer or Attorney in connection with the Board, 
        to include the obligation to render impartial determinations on 
        petitions considered by the Board under this section.
            (5) Recusal.--An Officer or Attorney of the Board shall 
        recuse himself or herself from participation in any proceeding 
        with respect to which the Officer or Attorney, as the case may 
        be, has reason to believe that he or she has a conflict of 
        interest.
            (6) Ex parte communications.--Except as may otherwise be 
        permitted by applicable law, any party or interested owner 
        involved in a proceeding before the Board shall refrain from ex 
        parte communications with the Officers of the Board and the 
        Commission relevant to the merits of such proceeding before the 
        Board.
            (7) Judicial review.--Actions of the Officers and the 
        Commission under this section in connection with the rendering 
        of any determination are subject to judicial review as provided 
        under subsection (g)(28).
    (f) Conduct of Proceedings of the Board.--
            (1) In general.--Proceedings of the Board shall be 
        conducted in accordance with this section and regulations 
        established by the Commission under this section, in addition 
        to relevant principles of law.
            (2) Record.--The Board shall maintain records documenting 
        the proceedings before the Board.
            (3) Centralized process.--Proceedings before the Board 
        shall--
                    (A) be conducted at the offices of the Board 
                without the requirement of in-person appearances by 
                parties or others;
                    (B) take place by means of written submissions, 
                hearings, and conferences carried out through internet-
                based applications and other telecommunications 
                facilities, except that, in cases in which physical or 
                other nontestimonial evidence material to a proceeding 
                cannot be furnished to the Board through available 
                telecommunications facilities, the Board may make 
                alternative arrangements for the submission of such 
                evidence that do not prejudice any party or interested 
                owner; and
                    (C) be conducted and concluded in an expeditious 
                manner without causing undue prejudice to any party or 
                interested owner.
            (4) Representation.--
                    (A) In general.--A party or interested owner 
                involved in a proceeding before the Board may be, but 
                is not required to be, represented by--
                            (i) an attorney; or
                            (ii) a law student who is qualified under 
                        applicable law governing representation by law 
                        students of parties in legal proceedings and 
                        who provides such representation on a pro bono 
                        basis.
                    (B) Representation of victims.--
                            (i) In general.--A petition involving a 
                        victim under the age of 16 at the time the 
                        petition is filed shall be filed by an 
                        authorized representative, qualified 
                        organization, or a person described in 
                        subparagraph (A).
                            (ii) No requirement for qualified 
                        organizations to have contact with, or 
                        knowledge of, victim.--A qualified organization 
                        may submit a notification to a provider or file 
                        a petition on behalf of a victim without regard 
                        to whether the qualified organization has 
                        contact with the victim or knows the identity, 
                        location, or contact information of the victim.
    (g) Procedures To Contest a Failure To Remove Child Sexual Abuse 
Material or a Notification Reporting Child Sexual Abuse Material.--
            (1) Procedure to contest a failure to remove.--
                    (A) Complainant petition.--A complainant may file a 
                petition to the Board claiming that, as applicable--
                            (i) the complainant submitted a complete 
                        notification to a provider concerning alleged 
                        child sexual abuse material, and that--
                                    (I) the provider--
                                            (aa) did not remove the 
                                        alleged child sexual abuse 
                                        material within the timeframe 
                                        required under subsection 
                                        (c)(1)(A)(i); or
                                            (bb) incorrectly claimed 
                                        that--

                                                    (AA) the alleged 
                                                child sexual abuse 
                                                material at issue could 
                                                not be located or 
                                                removed through 
                                                reasonable means;

                                                    (BB) the 
                                                notification was 
                                                incomplete; or

                                                    (CC) the 
                                                notification was 
                                                duplicative under 
                                                subsection 
                                                (c)(2)(C)(i); and

                                    (II) did not file a timely petition 
                                to contest the notification with the 
                                Board under paragraph (2); or
                            (ii) a provider is hosting alleged child 
                        sexual abuse material, does not have a 
                        designated reporting system, and the 
                        complainant was unable to serve a notification 
                        on the provider under this subsection despite 
                        reasonable efforts.
                    (B) Additional claim.--As applicable, a petition 
                filed under subparagraph (A) may also claim that the 
                alleged child sexual abuse material at issue in the 
                petition involves recidivist hosting.
                    (C) Timeframe.--
                            (i) In general.--A petition under this 
                        paragraph shall be considered timely if it is 
                        filed within 30 days of the applicable start 
                        date, as defined under clause (ii).
                            (ii) Applicable start date.--For purposes 
                        of clause (i), the term ``applicable start 
                        date'' means--
                                    (I) in the case of a petition under 
                                subparagraph (A)(i) claiming that the 
                                alleged child sexual abuse material was 
                                not removed or that the provider made 
                                an incorrect claim relating to the 
                                alleged child sexual abuse material or 
                                notification, the day that the 
                                provider's option to file a petition 
                                has expired under paragraph (2)(B); and
                                    (II) in the case of a petition 
                                under subparagraph (A)(ii) related to a 
                                notification that could not be served, 
                                the last day of the 2-week period that 
                                begins on the day on which the 
                                complainant first attempted to serve a 
                                notification on the provider involved.
                    (D) Identification of victim.--Any petition filed 
                to the Board by the victim or an authorized 
                representative of the victim shall include the victim's 
                legal name. A petition filed to the Board by a 
                qualified organization may, but is not required to, 
                include the victim's legal name. Any petition 
                containing the victim's legal name shall be filed under 
                seal. The victim's legal name shall be redacted from 
                any documents served on the provider and interested 
                owner or made publicly available.
                    (E) Failure to remove child sexual abuse material 
                in timely manner.--A complainant may file a petition 
                under subparagraph (A)(i) claiming that alleged child 
                sexual abuse material was not removed even if the 
                alleged child sexual abuse material was removed prior 
                to the petition being filed, so long as the petition 
                claims that the alleged child sexual abuse material was 
                not removed within the timeframe specified in 
                subsection (c)(1).
            (2) Procedure to contest a notification.--
                    (A) Provider petition.--If a provider receives a 
                complete notification as described in subsection (c)(2) 
                through its designated reporting system or in 
                accordance with subsection (c)(2)(F)(i), the provider 
                may file a petition to the Board claiming that the 
                provider has a good faith belief that, as applicable--
                            (i) the visual depiction that is the 
                        subject of the notification does not constitute 
                        child sexual abuse material;
                            (ii) the notification is frivolous or was 
                        submitted with an intent to harass the provider 
                        or any person;
                            (iii) the alleged child sexual abuse 
                        material cannot reasonably be located by the 
                        provider;
                            (iv) for reasons beyond the control of the 
                        provider, the provider cannot remove the 
                        alleged child sexual abuse material using 
                        reasonable means; or
                            (v) the notification was duplicative under 
                        subsection (c)(2)(C)(i).
                    (B) Timeframe.--
                            (i) In general.--Subject to clauses (ii) 
                        and (iii), a petition contesting a notification 
                        under this paragraph shall be considered timely 
                        if it is filed by a provider not later than 14 
                        days after the day on which the provider 
                        receives the notification or the notification 
                        is made complete under subsection (c)(2)(D)(i).
                            (ii) No designated reporting system.--
                        Subject to clause (iii), if a provider does not 
                        have a designated reporting system, a petition 
                        contesting a notification under this paragraph 
                        shall be considered timely if it is filed by a 
                        provider not later than 7 days after the day on 
                        which the provider receives the notification or 
                        the notification is made complete under 
                        subsection (c)(2)(D)(i).
                            (iii) Small providers.--In the case of a 
                        small provider, each of the timeframes 
                        applicable under clauses (i) and (ii) shall be 
                        increased by 48 hours.
            (3) Commencement of proceeding.--
                    (A) In general.--In order to commence a proceeding 
                under this section, a petitioning party shall, subject 
                to such additional requirements as may be prescribed in 
                regulations established by the Commission, file a 
                petition with the Board, that includes a statement of 
                claims and material facts in support of each claim in 
                the petition. A petition may set forth more than one 
                claim. A petition shall also include information 
                establishing that it has been filed within the 
                applicable timeframe.
                    (B) Review of petitions by child online protection 
                attorneys.--Child Online Protection Attorneys may 
                review petitions to assess whether they are complete. 
                The Board may permit a petitioning party to refile a 
                defective petition. The Attorney may assist the 
                petitioning party in making any corrections.
                    (C) Dismissal.--The Board may dismiss, with or 
                without prejudice, any petition that fails to comply 
                with subparagraph (A).
            (4) Service of process requirements for petitions.--
                    (A) In general.--For purposes of petitions under 
                paragraphs (1) and (2), the petitioning party shall, at 
                or before the time of filing a petition, serve a copy 
                on the other party. A corporation, partnership, or 
                unincorporated association that is subject to suit in 
                courts of general jurisdiction under a common name 
                shall be served by delivering a copy of the petition to 
                its service agent, if one has been so designated.
                    (B) Manner of service.--
                            (i) Service by nondigital means.--Service 
                        by nondigital means may be any of the 
                        following:
                                    (I) Personal, including delivery to 
                                a responsible person at the office of 
                                counsel.
                                    (II) By priority mail.
                                    (III) By third-party commercial 
                                carrier for delivery within 3 days.
                            (ii) Service by digital means.--Service of 
                        a paper may be made by sending it by any 
                        digital means, including through a provider's 
                        designated reporting system.
                            (iii) When service is completed.--Service 
                        by mail or by commercial carrier is complete 3 
                        days after the mailing or delivery to the 
                        carrier. Service by digital means is complete 
                        on filing or sending, unless the party making 
                        service is notified that the paper was not 
                        received by the party served.
                    (C) Proof of service.--A petition filed under 
                paragraph (1) or (2) shall contain--
                            (i) an acknowledgment of service by the 
                        person served;
                            (ii) proof of service consisting of a 
                        statement by the person who made service 
                        certifying--
                                    (I) the date and manner of service;
                                    (II) the names of the persons 
                                served; and
                                    (III) their mail or electronic 
                                addresses, facsimile numbers, or the 
                                addresses of the places of delivery, as 
                                appropriate for the manner of service; 
                                or
                            (iii) a statement indicating that service 
                        could not reasonably be completed.
                    (D) Attorney fees and costs.--Except as otherwise 
                provided in this subsection, all parties to a petition 
                shall bear their own attorney fees and costs.
            (5) Service of other documents.--Documents submitted or 
        relied upon in a proceeding, other than the petition, shall be 
        served in accordance with regulations established by the 
        Commission.
            (6) Notification of right to opt out.--In order to 
        effectuate service on a responding party, the petition shall 
        notify the responding party of their right to opt out of the 
        proceeding before the Board, and the consequences of opting out 
        and not opting out, including a prominent statement that by not 
        opting out the respondent--
                    (A) loses the opportunity to have the dispute 
                decided by a court created under article III of the 
                Constitution of the United States; and
                    (B) waives the right to a jury trial regarding the 
                dispute.
            (7) Initial proceedings.--
                    (A) Conference.--Within 1 week of completion of 
                service of a petition under paragraph (4), 1 or more 
                Officers of the Board shall hold a conference to 
                address the matters described in subparagraphs (B) and 
                (C).
                    (B) Opt-out procedure.--At the conference, an 
                Officer of the Board shall explain that the responding 
                party has a right to opt out of the proceeding before 
                the Board, and describe the consequences of opting out 
                and not opting out as described in paragraph (6). A 
                responding party shall have a period of 30 days, 
                beginning on the date of the conference, in which to 
                provide written notice of such choice to the 
                petitioning party and the Board. If the responding 
                party does not submit an opt-out notice to the Board 
                within that 30-day period, the proceeding shall be 
                deemed an active proceeding and the responding party 
                shall be bound by the determination in the proceeding. 
                If the responding party opts out of the proceeding 
                during that 30-day period, the proceeding shall be 
                dismissed without prejudice.
                    (C) Disabling access.--At the conference, except 
                for petitions setting forth claims described in clauses 
                (iii) and (iv) of paragraph (2)(A), an Officer of the 
                Board shall order the provider involved to disable 
                public and user access to the alleged child sexual 
                abuse material at issue in the petition for the 
                pendency of the proceeding, including judicial review 
                as provided in subsection (g)(28), unless the Officer 
                of the Board finds that--
                            (i) it is likely that the Board will find 
                        that the petition is frivolous or was filed 
                        with an intent to harass any person;
                            (ii) there is a probability that disabling 
                        public and user access to such alleged child 
                        sexual abuse material will cause irreparable 
                        harm;
                            (iii) the balance of equities weighs in 
                        favor of preserving public and user access to 
                        the alleged child sexual abuse material; and
                            (iv) disabling public and user access to 
                        the alleged child sexual abuse material is 
                        contrary to the public interest.
                    (D) Effect of failure to disable access.--
                            (i) Provider petition.--If the petition was 
                        filed by a provider, and the provider fails to 
                        comply with an order issued pursuant to 
                        subparagraph (B), the Board may--
                                    (I) dismiss the petition with 
                                prejudice; and
                                    (II) refer the matter to the 
                                Attorney General.
                            (ii) Effect of dismissal.--If a provider's 
                        petition is dismissed under clause (i)(I), the 
                        complainant may bring a petition under 
                        paragraph (1) as if the provider did not file a 
                        petition within the timeframe specified in 
                        paragraph (2)(B). For purposes of paragraph 
                        (1)(C)(ii), the applicable start date shall be 
                        the date the provider's petition was dismissed.
                            (iii) Complainant petition.--If the 
                        petition was filed by a complainant, and the 
                        provider fails to comply with an order issued 
                        pursuant to subparagraph (B), the Board--
                                    (I) shall--
                                            (aa) expedite resolution of 
                                        the petition; and
                                            (bb) refer the matter to 
                                        the Attorney General; and
                                    (II) may apply an adverse inference 
                                with respect to disputed facts against 
                                such provider.
            (8) Scheduling.--Upon receipt of a complete petition and at 
        the conclusion of the opt out procedure described in paragraph 
        (7), the Board shall issue a schedule for the future conduct of 
        the proceeding. A schedule issued by the Board may be amended 
        by the Board in the interests of justice.
            (9) Conferences.--One or more Officers of the Board may 
        hold a conference to address case management or discovery 
        issues in a proceeding, which shall be noted upon the record of 
        the proceeding and may be recorded or transcribed.
            (10) Party submissions.--A proceeding of the Board may not 
        include any formal motion practice, except that, subject to 
        applicable regulations and procedures of the Board--
                    (A) the parties to the proceeding and an interested 
                owner may make requests to the Board to address case 
                management and discovery matters, and submit responses 
                thereto; and
                    (B) the Board may request or permit parties and 
                interested owners to make submissions addressing 
                relevant questions of fact or law, or other matters, 
                including matters raised sua sponte by the Officers of 
                the Board, and offer responses thereto.
            (11) Discovery.--
                    (A) In general.--Discovery in a proceeding shall be 
                limited to the production of relevant information and 
                documents, written interrogatories, and written 
                requests for admission, as provided in regulations 
                established by the Commission, except that--
                            (i) upon the request of a party, and for 
                        good cause shown, the Board may approve 
                        additional relevant discovery, on a limited 
                        basis, in particular matters, and may request 
                        specific information and documents from parties 
                        in the proceeding, consistent with the 
                        interests of justice;
                            (ii) upon the request of a party or 
                        interested owner, and for good cause shown, the 
                        Board may issue a protective order to limit the 
                        disclosure of documents or testimony that 
                        contain confidential information;
                            (iii) after providing notice and an 
                        opportunity to respond, and upon good cause 
                        shown, the Board may apply an adverse inference 
                        with respect to disputed facts against a party 
                        or interested owner who has failed to timely 
                        provide discovery materials in response to a 
                        proper request for materials that could be 
                        relevant to such facts; and
                            (iv) an interested owner shall only produce 
                        or receive discovery to the extent it relates 
                        to whether the visual depiction at issue 
                        constitutes child sexual abuse material.
                    (B) Privacy.--Any alleged child sexual abuse 
                material received by the Board or the Commission as 
                part of a proceeding shall be filed under seal and 
                shall remain in the care, custody, and control of the 
                Board or the Commission. For purposes of discovery, the 
                Board or Commission shall make the alleged child sexual 
                abuse material reasonably available to the parties and 
                interested owner but shall not provide copies. The 
                privacy protections described in section 3509(d) of 
                title 18, United States Code, shall apply to the Board, 
                Commission, provider, complainant, and interested 
                owner.
            (12) Responses.--The responding party may refute any of the 
        claims or factual assertions made by the petitioning party, and 
        may also claim that the petition was not filed in the 
        applicable timeframe or is barred under subsection (h). If a 
        complainant is the petitioning party, a provider may 
        additionally claim in response that the notification was 
        incomplete and could not be made complete under subsection 
        (c)(2)(D)(i). The petitioning party may refute any responses 
        submitted by the responding party.
            (13) Interested owner.--An individual notified under 
        paragraph (19)(C)(ii) may, within 14 days of being so notified, 
        file a motion to join the proceeding for the limited purpose of 
        claiming that the visual depiction at issue does not constitute 
        child sexual abuse material. The Board shall serve the motion 
        on both parties. Such motion shall include a factual basis and 
        a signed statement, submitted under penalty of perjury, 
        indicating that the individual produced or created the visual 
        depiction at issue. The Board shall dismiss any motion that 
        does not include the signed statement or that was submitted by 
        an individual who did not produce or create the visual 
        depiction at issue. If the motion is granted, the interested 
        owner may also claim that the notification and petition were 
        filed with an intent to harass the interested owner. Any party 
        may refute the claims and factual assertions made by the 
        interested owner.
            (14) Evidence.--The Board may consider the following types 
        of evidence in a proceeding, and such evidence may be admitted 
        without application of formal rules of evidence:
                    (A) Documentary and other nontestimonial evidence 
                that is relevant to the petitions or responses in the 
                proceeding.
                    (B) Testimonial evidence, submitted under penalty 
                of perjury in written form or in accordance with 
                paragraph (15), limited to statements of the parties 
                and nonexpert witnesses, that is relevant to the 
                petitions or responses in a proceeding, except that, in 
                exceptional cases, expert witness testimony or other 
                types of testimony may be permitted by the Board for 
                good cause shown.
            (15) Hearings.--Unless waived by all parties, the Board 
        shall conduct a hearing to receive oral presentations on issues 
        of fact or law from parties and witnesses to a proceeding, 
        including oral testimony, subject to the following:
                    (A) Any such hearing shall be attended by not fewer 
                than two of the Officers of the Board.
                    (B) The hearing shall be noted upon the record of 
                the proceeding and, subject to subparagraph (C), may be 
                recorded or transcribed as deemed necessary by the 
                Board.
                    (C) A recording or transcript of the hearing shall 
                be made available to any Officer of the Board who is 
                not in attendance.
            (16) Voluntary dismissal.--
                    (A) By petitioning party.--Upon the written request 
                of a petitioning party, the Board shall dismiss the 
                petition, with or without prejudice.
                    (B) By responding party or interested owner.--Upon 
                written request of a responding party or interested 
                owner, the Board shall dismiss any responses to the 
                petition, and shall consider all claims and factual 
                assertions in the petition to be true.
            (17) Factual findings.--Subject to paragraph (11)(A)(iii), 
        the Board shall make factual findings based upon a 
        preponderance of the evidence.
            (18) Determinations.--
                    (A) Nature and contents.--A determination rendered 
                by the Board in a proceeding shall--
                            (i) be reached by a majority of the Board;
                            (ii) be in writing, and include an 
                        explanation of the factual and legal basis of 
                        the determination; and
                            (iii) include a clear statement of all 
                        fines, costs, and other relief awarded.
                    (B) Dissent.--An Officer of the Board who dissents 
                from a decision contained in a determination under 
                subparagraph (A) may append a statement setting forth 
                the grounds for that dissent.
            (19) Publication and disclosure.--
                    (A) Publication.--Each final determination of the 
                Board shall be made available on a publicly accessible 
                website, except that the final determination shall be 
                redacted to protect confidential information that is 
                the subject of a protective order under paragraph 
                (11)(A)(ii) or information protected pursuant to 
                paragraph (11)(B) and any other information protected 
                from public disclosure under the Federal Trade 
                Commission Act or any other applicable provision of 
                law.
                    (B) Freedom of information act.--All information 
                relating to proceedings of the Board under this section 
                is exempt from disclosure to the public under section 
                552(b)(3) of title 5, except for determinations, 
                records, and information published under subparagraph 
                (A). Any information that is disclosed under this 
                subparagraph shall have redacted any information that 
                is the subject of a protective order under paragraph 
                (11)(A)(ii) or protected pursuant to paragraph (11)(B).
                    (C) Effect of petition on non-disclosure period.--
                            (i) Submission of a petition extends the 
                        non-disclosure period under subsection 
                        (c)(2)(I) for the pendency of the proceeding. 
                        The provider may submit an objection to the 
                        Board that nondisclosure is contrary to the 
                        interests of justice. The complainant may, but 
                        is not required to, respond to the objection. 
                        The Board should sustain the objection unless 
                        there is reason to believe that the 
                        circumstances in section 3486(a)(6)(B) of title 
                        18, United States Code, exist and outweigh the 
                        interests of justice.
                            (ii) If the Board sustains an objection to 
                        the nondisclosure period, the provider or the 
                        Board may notify the apparent owner of the 
                        visual depiction at issue about the proceeding, 
                        and include instructions on how the owner may 
                        move to join the proceeding under paragraph 
                        (13).
                            (iii) If applicable, the nondisclosure 
                        period expires 120 days after the Board's 
                        determination becomes final, except it shall 
                        expire immediately upon the Board's 
                        determination becoming final if the Board finds 
                        that the visual depiction at issue is not child 
                        sexual abuse material.
                            (iv) The interested owner of a visual 
                        depiction at issue may not bring any legal 
                        action against any party related to the alleged 
                        child sexual abuse material until the Board's 
                        determination is final. Once the determination 
                        is final, the interested owner of the visual 
                        depiction may pursue any legal relief available 
                        under the law, subject to subsections (h), (k), 
                        and (l).
            (20) Responding party's default.--If the Board finds that 
        service of the petition on the responding party could not 
        reasonably be completed, or the responding party has failed to 
        appear or has ceased participating in a proceeding, as 
        demonstrated by the responding party's failure, without 
        justifiable cause, to meet one or more deadlines or 
        requirements set forth in the schedule adopted by the Board, 
        the Board may enter a default determination, including the 
        dismissal of any responses asserted by the responding party, as 
        follows and in accordance with such other requirements as the 
        Commission may establish by regulation:
                    (A) The Board shall require the petitioning party 
                to submit relevant evidence and other information in 
                support of the petitioning party's claims and, upon 
                review of such evidence and any other requested 
                submissions from the petitioning party, shall determine 
                whether the materials so submitted are sufficient to 
                support a finding in favor of the petitioning party 
                under applicable law and, if so, the appropriate relief 
                and damages, if any, to be awarded.
                    (B) If the Board makes an affirmative determination 
                under subparagraph (A), the Board shall prepare a 
                proposed default determination, and shall provide 
                written notice to the responding party at all 
                addresses, including electronic mail addresses, 
                reflected in the records of the proceeding before the 
                Board, of the pendency of a default determination by 
                the Board and of the legal significance of such 
                determination. Such notice shall be accompanied by the 
                proposed default determination and shall provide that 
                the responding party has a period of 30 days, beginning 
                on the date of the notice, to submit any evidence or 
                other information in opposition to the proposed default 
                determination.
                    (C) If the responding party responds to the notice 
                provided under subparagraph (B) within the 30-day 
                period provided in such subparagraph, the Board shall 
                consider responding party's submissions and, after 
                allowing the petitioning party to address such 
                submissions, maintain, or amend its proposed 
                determination as appropriate, and the resulting 
                determination shall not be a default determination.
                    (D) If the respondent fails to respond to the 
                notice provided under subparagraph (B), the Board shall 
                proceed to issue the default determination. Thereafter, 
                the respondent may only challenge such determination to 
                the extent permitted under paragraph (28).
            (21) Petitioning party or interested owner's failure to 
        proceed.--If a petitioning party or interested owner who has 
        joined the proceeding fails to proceed, as demonstrated by the 
        failure, without justifiable cause, to meet one or more 
        deadlines or requirements set forth in the schedule adopted by 
        the Board, the Board may, upon providing written notice to the 
        petitioning party or interested owner and a period of 30 days, 
        beginning on the date of the notice, to respond to the notice, 
        and after considering any such response, issue a determination 
        dismissing the claims made by the petitioning party or 
        interested owner. The Board may order the petitioning party to 
        pay attorney fees and costs under paragraph (26)(B), if 
        appropriate. Thereafter, the petitioning party may only 
        challenge such determination to the extent permitted under 
        paragraph (28).
            (22) Request for reconsideration.--A party or interested 
        owner may, within 30 days after the date on which the Board 
        issues a determination under paragraph (18), submit to the 
        Board a written request for reconsideration of, or an amendment 
        to, such determination if the party or interested owner 
        identifies a clear error of law or fact material to the 
        outcome, or a technical mistake. After providing the other 
        parties an opportunity to address such request, the Board shall 
        either deny the request or issue an amended determination.
            (23) Review by commission.--If the Board denies a party or 
        interested owner a request for reconsideration of a 
        determination under paragraph (22), the party or interested 
        owner may, within 30 days after the date of such denial, 
        request review of the determination by the Commission in 
        accordance with regulations established by the Commission. 
        After providing the other party or interested owner an 
        opportunity to address the request, the Commission shall either 
        deny the request for review, or remand the proceeding to the 
        Board for reconsideration of issues specified in the remand and 
        for issuance of an amended determination. Such amended 
        determination shall not be subject to further consideration or 
        review, other than under paragraph (28).
            (24) Favorable ruling on complainant petition.--
                    (A) In general.--If the Board grants a 
                complainant's petition filed under this section, 
                notwithstanding any other law, the Board shall--
                            (i) order the provider to immediately 
                        remove the child sexual abuse material, and to 
                        permanently delete all copies of the child 
                        sexual abuse material known to and under the 
                        control of the provider unless the Board orders 
                        the provider to preserve the child sexual abuse 
                        material;
                            (ii) impose a fine of $50,000 per item of 
                        child sexual abuse material covered by the 
                        determination, but if the Board finds that--
                                    (I) the provider removed the child 
                                sexual abuse material after the period 
                                set forth in subsection (c)(1)(A)(i), 
                                but before the complainant filed a 
                                petition, such fine shall be $25,000;
                                    (II) the provider has engaged in 
                                recidivist hosting for the first time 
                                with respect to the child sexual abuse 
                                material at issue, such fine shall be 
                                $100,000 per item of child sexual abuse 
                                material; or
                                    (III) the provider has engaged in 
                                recidivist hosting of the child sexual 
                                abuse material at issue 2 or more 
                                times, such fine shall be $200,000 per 
                                item of child sexual abuse material;
                            (iii) order the provider to pay reasonable 
                        costs to the complainant; and
                            (iv) refer any matters involving 
                        intentional or willful conduct by a provider 
                        with respect to child sexual abuse material, or 
                        recidivist hosting, to the Attorney General for 
                        prosecution under any applicable laws.
                    (B) Provider payment of fine and costs.--
                Notwithstanding any other law, the Board shall direct a 
                provider to promptly pay fines and costs imposed under 
                subparagraph (A) as follows:
                            (i) If the petition was filed by a victim, 
                        such fine and costs shall be paid to the 
                        victim.
                            (ii) If the petition was filed by an 
                        authorized representative of a victim--
                                    (I) 30 percent of such fine shall 
                                be paid to the authorized 
                                representative and 70 percent of such 
                                fine paid to the victim; and
                                    (II) costs shall be paid to the 
                                authorized representative.
                            (iii) If the petition was filed by a 
                        qualified organization--
                                    (I) the fine shall be paid to the 
                                Child Pornography Victims Reserve as 
                                provided in section 2259B of title 18, 
                                United States Code; and
                                    (II) costs shall be paid to the 
                                qualified organization.
            (25) Effect of denial of provider petition.--
                    (A) In general.--If the Board denies a provider's 
                petition to contest a notification filed under 
                paragraph (2), it shall order the provider to 
                immediately remove the child sexual abuse material, and 
                to permanently delete all copies of the child sexual 
                abuse material known to and under the control of the 
                provider unless the Board orders the provider to 
                preserve the child sexual abuse material.
                    (B) Referral for failure to remove material.--If a 
                provider does not remove and, if applicable, 
                permanently delete child sexual abuse material within 
                48 hours of the Board issuing a determination under 
                subparagraph (A), or not later than 2 business days of 
                the Board issuing a determination under subparagraph 
                (A) concerning a small provider, the Board shall refer 
                the matter to the Attorney General for prosecution 
                under any applicable laws.
                    (C) Costs for frivolous petition.--If the Board 
                finds that a provider filed a petition under paragraph 
                (2) for a harassing or improper purpose or without 
                reasonable basis in law or fact, the Board shall order 
                the provider to pay the reasonable costs of the 
                complainant.
            (26) Effect of denial of complainant's petition or 
        favorable ruling on provider's petition.--
                    (A) Restoration.--If the Board grants a provider's 
                petition filed under paragraph (2) or if the Board 
                denies a petition filed by the complainant under 
                paragraph (1), the provider may restore access to any 
                visual depiction that was at issue in the proceeding.
                    (B) Costs for incomplete or frivolous notification 
                and harassment.--If, in granting or denying a petition 
                as described in subparagraph (A), the Board finds that 
                the notification contested in the petition could not be 
                made complete under subsection (c)(2)(D), is frivolous, 
                or is duplicative under subsection (c)(2)(C)(i), the 
                Board may order the complainant to pay costs to the 
                provider and any interested owner, which shall not 
                exceed a total of $10,000, or, if the Board finds that 
                the complainant filed the notification with an intent 
                to harass the provider or any person, a total of 
                $15,000.
            (27) Civil action; other relief.--
                    (A) In general.--Whenever any provider or 
                complainant fails to comply with a final determination 
                of the Board issued under paragraph (18), the 
                Department of Justice may commence a civil action in a 
                district court of the United States to enforce 
                compliance with such determination.
                    (B) Savings clause.--Nothing in this section shall 
                be construed to limit the authority of the Commission 
                or Department of Justice under any other provision of 
                law.
            (28) Challenges to the determination.--
                    (A) Bases for challenge.--Not later than 45 days 
                after the date on which the Board issues a 
                determination or amended determination in a proceeding, 
                or not later than 45 days after the date on which the 
                Board completes any process of reconsideration or the 
                Commission completes a review of the determination, 
                whichever occurs later, a party may seek an order from 
                a district court, located where the provider or 
                complainant conducts business or resides, vacating, 
                modifying, or correcting the determination of the Board 
                in the following cases:
                            (i) If the determination was issued as a 
                        result of fraud, corruption, misrepresentation, 
                        or other misconduct.
                            (ii) If the Board exceeded its authority or 
                        failed to render a determination concerning the 
                        subject matter at issue.
                            (iii) In the case of a default 
                        determination or determination based on a 
                        failure to prosecute, if it is established that 
                        the default or failure was due to excusable 
                        neglect.
                    (B) Procedure to challenge.--
                            (i) Notice of application.--Notice of the 
                        application to challenge a determination of the 
                        Board shall be provided to all parties to the 
                        proceeding before the Board, in accordance with 
                        the procedures applicable to service of a 
                        motion in the court where the application is 
                        made.
                            (ii) Staying of proceedings.--For purposes 
                        of an application under this paragraph, any 
                        judge who is authorized to issue an order to 
                        stay the proceedings in an any other action 
                        brought in the same court may issue an order, 
                        to be served with the notice of application, 
                        staying proceedings to enforce the award while 
                        the challenge is pending.
            (29) Final determination.--A determination of the Board 
        shall be final on the date that all opportunities for a party 
        or interested owner to seek reconsideration or review of a 
        determination under paragraph (22) or (23), or for a party to 
        challenge the determination under paragraph (28), have expired 
        or are exhausted.
    (h) Effect of Proceeding.--
            (1) Subsequent proceedings.--The issuance of a final 
        determination by the Board shall preclude the filing by any 
        party of any subsequent petition that is based on the 
        notification at issue in the final determination. This 
        paragraph shall not limit the ability of any party to file a 
        subsequent petition based on any other notification.
            (2) Determination.--Except as provided in paragraph (1), 
        the issuance of a final determination by the Board, including a 
        default determination or determination based on a failure to 
        prosecute, shall preclude relitigation of any allegation, 
        factual claim, or response in any subsequent legal action or 
        proceeding before any court, tribunal, or the Board, and may be 
        relied upon for such purpose in a future action or proceeding 
        arising from the same specific activity, subject to the 
        following:
                    (A) No party or interested owner may relitigate any 
                allegation, factual claim, or response that was 
                properly asserted and considered by the Board in any 
                subsequent proceeding before the Board involving the 
                same parties or interested owner and the same child 
                sexual abuse material.
                    (B) A finding by the Board that a visual depiction 
                constitutes child sexual abuse material--
                            (i) may not be relitigated in any civil 
                        proceeding brought by an interested owner; and
                            (ii) may not be relied upon, and shall not 
                        have preclusive effect, in any other action or 
                        proceeding involving any party before any court 
                        or tribunal other than the Board.
                    (C) A determination by the Board shall not preclude 
                litigation or relitigation as between the same or 
                different parties before any court or tribunal other 
                than the Board of the same or similar issues of fact or 
                law in connection with allegations or responses not 
                asserted or not finally determined by the Board.
                    (D) Except to the extent permitted under this 
                subsection, any final determination of the Board may 
                not be cited or relied upon as legal precedent in any 
                other action or proceeding before any court or tribunal 
                other than the Board.
            (3) Other materials in proceeding.--A submission or 
        statement of a party, interested owner, or witness made in 
        connection with a proceeding before the Board, including a 
        proceeding that is dismissed, may not serve as the basis of any 
        action or proceeding before any court or tribunal except for 
        any legal action related to perjury or for conduct described in 
        subsection (k)(2). A statement of a party, interested owner, or 
        witness may be received as evidence, in accordance with 
        applicable rules, in any subsequent legal action or proceeding 
        before any court, tribunal, or the Board.
            (4) Failure to assert response.--Except as provided in 
        paragraph (1), the failure or inability to assert any 
        allegation, factual claim, or response in a proceeding before 
        the Board shall not preclude the assertion of that response in 
        any subsequent legal action or proceeding before any court, 
        tribunal, or the Board.
    (i) Administration.--The Commission may issue regulations in 
accordance with section 553 of title 5, United States Code, to 
implement this section.
    (j) Study.--
            (1) In general.--Not later than 3 years after the date on 
        which Child Online Protection Board issues the first 
        determination under this section, the Commission shall conduct, 
        and report to Congress on, a study that addresses the 
        following:
                    (A) The use and efficacy of the Child Online 
                Protection Board in expediting the removal of child 
                sexual abuse material and resolving disputes concerning 
                alleged child sexual abuse material, including the 
                number of proceedings the Child Online Protection Board 
                could reasonably administer with current allocated 
                resources.
                    (B) Whether adjustments to the authority of the 
                Child Online Protection Board are necessary or 
                advisable, including with respect to permissible 
                claims, responses, fines, costs, and joinder by 
                interested parties.
                    (C) Whether the Child Online Protection Board 
                should be permitted to expire, be extended, or be 
                expanded.
                    (D) Such other matters as the Commission believes 
                may be pertinent concerning the Child Online Protection 
                Board.
            (2) Consultation.--In conducting the study and completing 
        the report required under paragraph (1), the Commission shall, 
        to the extent feasible, consult with complainants, victims, and 
        providers to include their views on the matters addressed in 
        the study and report.
    (k) Limited Liability.--
            (1) In general.--Except as provided in paragraph (2), a 
        civil claim or criminal charge against the Board, a provider, a 
        complainant, interested owner, or representative under 
        subsection (f)(4), for distributing, receiving, accessing, or 
        possessing child sexual abuse material for the sole and 
        exclusive purpose of complying with the requirements of this 
        section, or for the sole and exclusive purpose of seeking or 
        providing legal advice in order to comply with this section, 
        may not be brought in any Federal or State court.
            (2) Intentional, reckless, or other misconduct.--Paragraph 
        (1) shall not apply to a claim against the Board, a provider, a 
        complainant, interested owner, or representative under 
        subsection (f)(4)--
                    (A) for any conduct unrelated to compliance with 
                the requirements of this section;
                    (B) if the Board, provider, complainant, interested 
                owner, or representative under subsection (f)(4) (as 
                applicable)--
                            (i) engaged in intentional misconduct; or
                            (ii) acted, or failed to act--
                                    (I) with actual malice; or
                                    (II) with reckless disregard to a 
                                substantial risk of causing physical 
                                injury without legal justification; or
                    (C) in the case of a claim against a complainant, 
                if the complainant falsely claims to be a victim, an 
                authorized representative of a victim, or a qualified 
                organization.
            (3) Minimizing access.--The Board, a provider, a 
        complainant, an interested owner, or a representative under 
        subsection (f)(4) shall--
                    (A) minimize the number of individuals that are 
                provided access to any alleged, contested, or actual 
                child sexual abuse material under this section;
                    (B) ensure that any alleged, contested, or actual 
                child sexual abuse material is transmitted and stored 
                in a secure manner and is not distributed to or 
                accessed by any individual other than as needed to 
                implement this section; and
                    (C) ensure that all copies of any child sexual 
                abuse material are permanently deleted upon a request 
                from the Board, Commission, or the Federal Bureau of 
                Investigation.
    (l) Provider Immunity From Claims Based on Removal of Visual 
Depiction.--A provider shall not be liable to any person for any claim 
based on the provider's good faith removal of any visual depiction that 
is alleged to be child sexual abuse material pursuant to a notification 
under this section, regardless of whether the visual depiction involved 
is found to be child sexual abuse material by the Board. A provider 
shall not be liable to any person for any claim based on the provider's 
good faith discretionary removal of any alleged related exploitive 
visual depictions pursuant to a notification under this section.
    (m) Continued Applicability of Federal, State, and Tribal Law.--
            (1) In general.--This section shall not be construed to 
        impair, supersede, or limit a provision of Federal, State, or 
        Tribal law.
            (2) No preemption.--Nothing in this section shall prohibit 
        a State or Tribal government from adopting and enforcing a 
        provision of law governing child sex abuse material that is at 
        least as protective of the rights of a victim as this section.
    (n) Discovery.--Nothing in this section affects discovery, a 
subpoena or any other court order, or any other judicial process 
otherwise in accordance with Federal or State law.
    (o) Rule of Construction.--Nothing in this section shall be 
construed to relieve a provider from any obligation imposed on the 
provider under section 2258A of title 18, United States Code.
    (p) Funding.--There are authorized to be appropriated to pay the 
costs incurred by the Commission under this section, including the 
costs of establishing and maintaining the Board and its facilities, 
$40,000,000 for each year during the period that begins with the year 
in which this Act is enacted and ends with the year in which certain 
subsections of this section expire under subsection (q).
    (q) Sunset.--Except for subsections (a), (h), (k), (l), (m), (n), 
(o), and (r), this section shall expire 5 years after the date on which 
the Child Online Protection Board issues its first determination under 
this section.
    (r) Definitions.--In this section:
            (1) Board.--The term ``Board'' means the Child Online 
        Protection Board established under subsection (d).
            (2) Child sexual abuse material.--The term ``child sexual 
        abuse material'' has the meaning provided in section 2256(8) of 
        title 18, United States Code.
            (3) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (4) Complainant.--The term ``complainant'' means--
                    (A) the victim appearing in the child sexual abuse 
                material;
                    (B) an authorized representative of the victim 
                appearing in the child sexual abuse material; or
                    (C) a qualified organization.
            (5) Designated reporting system.--The term ``designated 
        reporting system'' means a digital means of submitting a 
        notification to a provider under this subsection that is 
        publicly and prominently available, easily accessible, and easy 
        to use.
            (6) Host.--The term ``host'' means to store or make a 
        visual depiction available or accessible to the public or any 
        users through digital means or on a system or network 
        controlled or operated by or for a provider.
            (7) Identifiable person.--The term ``identifiable person'' 
        means a person who is recognizable as an actual person by the 
        person's face, likeness, or other distinguishing 
        characteristic, such as a unique birthmark or other 
        recognizable feature.
            (8) Interested owner.--The term ``interested owner'' means 
        an individual who has joined a proceeding before the Board 
        under subsection (g)(13).
            (9) Party.--The term ``party'' means the complainant or 
        provider.
            (10) Provider.--The term ``provider'' means a provider of 
        an interactive computer service, as that term is defined in 
        section 230 of the Communications Act of 1934 (47 U.S.C. 230), 
        and for purposes of subsections (k) and (l), includes any 
        director, officer, employee, or agent of such provider.
            (11) Qualified organization.--The term ``qualified 
        organization'' means an organization described in section 
        501(c)(3) of the Internal Revenue Code of 1986 that is exempt 
        from tax under section 501(a) of that Code that works to 
        address child sexual abuse material and to support victims of 
        child sexual abuse material.
            (12) Recidivist hosting.--The term ``recidivist hosting'' 
        means, with respect to a provider, that the provider removes 
        child sexual abuse material pursuant to a notification or 
        determination under this subsection, and then subsequently 
        hosts a visual depiction that has the same hash value or other 
        technical identifier as the child sexual abuse material that 
        had been so removed.
            (13) Related exploitive visual depiction.--The term 
        ``related exploitive visual depiction'' means a visual 
        depiction of an identifiable person of any age where--
                    (A) such visual depiction does not constitute child 
                sexual abuse material, but is published with child 
                sexual abuse material depicting that person while under 
                18 years of age; and
                    (B) there is a connection between such visual 
                depiction and the child sexual abuse material depicting 
                that person while under 18 years of age that is readily 
                apparent from--
                            (i) the content of such visual depiction 
                        and the child sexual abuse material; or
                            (ii) the context in which such visual 
                        depiction and the child sexual abuse material 
                        appear.
            (14) Small provider.--The term ``small provider'' means a 
        provider that, for the most recent calendar year, averaged less 
        than 10,000,000 active users on a monthly basis in the United 
        States.
            (15) Victim.--
                    (A) In general.--The term ``victim'' means an 
                individual of any age who is depicted in child sexual 
                abuse material while under 18 years of age.
                    (B) Assumption of rights.--In the case of a victim 
                who is under 18 years of age, incompetent, 
                incapacitated, or deceased, the legal guardian of the 
                victim or representative of the victim's estate, 
                another family member, or any other person appointed as 
                suitable by a court, may assume the victim's rights to 
                submit a notification or file a petition under this 
                section, but in no event shall an individual who 
                produced or conspired to produce the child sexual abuse 
                material depicting the victim be named as such 
                representative or guardian.
            (16) Visual depiction.--The term ``visual depiction'' has 
        the meaning provided in section 2256(5) of title 18, United 
        States Code.

SEC. 7. 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.
                                 <all>