[Congressional Record Volume 169, Number 119 (Wednesday, July 12, 2023)]
[Senate]
[Pages S2407-S2419]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 251. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

                   Subtitle H--STOP CSAM Act of 2023

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Strengthening 
     Transparency and Obligations to Protect Children Suffering 
     from Abuse and Mistreatment Act of 2023'' or the ``STOP CSAM 
     Act of 2023''.

     SEC. 1092. 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; and
       ``(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).'';
       (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

[[Page S2408]]

     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''; and
       (9) in subsection (l), by striking ``child'' each place the 
     term appears and inserting ``covered person''.
       (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. 1093. 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) 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
       (B) 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 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;
       ``(B) a violation of section 2251A;
       ``(C) 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;
       ``(D) 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;
       ``(E) a violation of subsection (a) of section 2260, or an 
     attempt or conspiracy to violate that subsection under 
     subsection (c)(1) of that section;
       ``(F) 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

[[Page S2409]]

       ``(G) a violation of chapter 109A or chapter 117, if the 
     offense involves the production or attempted production of, 
     or conspiracy to produce, child pornography.''; and
       (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 subsection (d) of section 2251 or an 
     attempt or conspiracy to violate that subsection under 
     subsection (e) of that section;
       ``(B) 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;
       ``(C) 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;
       ``(D) 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;
       ``(E) 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;
       ``(F) a violation of section 2252A(g) if the series of 
     felony violations exclusively involves violations described 
     in this paragraph;
       ``(G) 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
       ``(H) 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.'';
       (4) in section 2259A(a)--
       (A) in paragraph (1), by striking ``under section 
     2252(a)(4) or 2252A(a)(5)'' and inserting ``described in 
     section 2259(c)(3)(C)''; 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 section 2259(c)(3)(C)'';
       (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. 1094. 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.
       ``(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 2251, 2251A, 2252, 2252A, 2252B, or 2260.
       ``(3) Permitted actions based on reasonable belief.--In 
     order to reduce the proliferation of online child 
     exploitation and to prevent the online sexual exploitation of 
     children, if a provider has a reasonable belief that any 
     facts or circumstances described in paragraph (2) exist, the 
     provider may submit to the CyberTipline of NCMEC, or any 
     successor to the CyberTipline operated by NCMEC, a report 
     described in paragraph (1).
       ``(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 paragraph (1) or (3) of subsection 
     (a)--
       ``(A) shall include, to the extent that it is applicable 
     and reasonably available--
       ``(i) identifying information regarding any individual who 
     is the subject of the report, including name, address, 
     electronic mail address, user or account identification, 
     Internet Protocol address, and uniform resource locator;
       ``(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)(C), 
     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

[[Page S2410]]

       ``(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 
     paragraph (1) or (3) of subsection (a); 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) 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.
       ``(B) 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.
       ``(C) Apparent child pornography.--Any apparent child 
     pornography not described in paragraph (1)(A)(iii), or other 
     content related to the subject of the report.
       ``(D) 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.
       ``(E) 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.
       ``(F) 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.'';

       ``(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 paragraph (1) or 
     (3) of subsection (a) 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 
     paragraph (1) or (3) of subsection (a) 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)''; and
       (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)'';

       (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 
     $150,000; and
       ``(II) in the case of any second or subsequent violation, 
     not more than $300,000.

       ``(ii) Harm to individuals.--The maximum fine under clause 
     (i) shall be tripled 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 $100,000 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 paragraph (1) or (3) of 
     subsection (a) 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'';

       (ii) in paragraph (3), in the matter preceding subparagraph 
     (A), by inserting ``paragraph (1) or (3) of'' before 
     ``subsection (a)''; and
       (iii) in paragraph (4), by striking ``subsection (a)(1)'' 
     and inserting ``paragraph (1) or (3) of subsection (a)'';
       (F) in subsection (h)--
       (i) in paragraph (1), by striking ``subsection (a)(1)'' and 
     inserting ``paragraph (1) or (3) of subsection (a)''; and
       (ii) by adding at the end the following:
       ``(5) Relation to reporting requirement.--Submission of a 
     report as described in paragraph (1) or (3) of subsection (a) 
     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 2023, 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 paragraph (1) or (3) of subsection (a).
       ``(ii) Which items of information described in subsection 
     (b)(2) are routinely included in the reports submitted by the 
     provider under paragraph (1) or (3) of subsection (a).
       ``(B) Report and remove data.--With respect to section 1096 
     of the STOP CSAM Act of 2023--

[[Page S2411]]

       ``(i) a description of the provider's designated reporting 
     system;
       ``(ii) the number of complete notifications received;
       ``(iii) the number of proscribed visual depictions 
     involving a minor 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) in subsection (a)--
       (i) by striking ``may not be brought in any Federal or 
     State court''; and
       (ii) by striking ``Except as provided in subsection (b), a 
     civil claim or criminal charge'' and inserting the following:
       ``(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''; and
       (B) in subsection (b)(1), by inserting ``or knowingly 
     failed to comply with a requirement under section 2258A'' 
     after ``misconduct'';
       (3) in section 2258C--
       (A) in subsection (a)(1), by inserting ``use of the 
     provider's products or services to commit'' after ``stop 
     the'';
       (B) in subsection (b)--
       (i) by striking ``Any provider'' and inserting the 
     following:
       ``(1) In general.--Any provider'';
       (ii) in paragraph (1), as so designated, by striking 
     ``receives'' and inserting ``, in its sole discretion, 
     obtains''; and
       (iii) by adding at the end the following:
       ``(2) Limitation on sharing with other entities.--A 
     provider 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.''; and
       (C) 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'' after ``NCMEC''; and
       (iv) by inserting ``use of the provider's products or 
     services to commit'' after ``stop the'';
       (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 ``; and''; 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.'';
       (5) in section 2259B(a), by inserting ``, any fine or 
     penalty collected under section 2258A(e) or subparagraph (A) 
     of section 1096(g)(24) of the STOP CSAM Act of 2023 (except 
     as provided in clauses (i) and (ii)(I) of subparagraph (B) of 
     such section 1096(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 
     knowingly--
       ``(1) host or store child pornography or make child 
     pornography available to any person; or
       ``(2) otherwise 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) Rules of Construction.--
       ``(1) Applicability to legal process.--Nothing in this 
     section shall be construed to apply to any 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.
       ``(2) Knowledge with respect to each item required.--For 
     purposes of subsection (a)(1), the term `knowingly' shall be 
     construed to mean knowledge of each item of child pornography 
     that the provider hosted, stored, or made available.
       ``(d) Defense.--In a prosecution under subsection (a)(1), 
     it shall be a defense, which the provider must establish by a 
     preponderance of the evidence, that--
       ``(1) the provider disabled access to or removed the child 
     pornography as soon as possible, 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, as soon 
     as possible, and in any event not later than 2 business days 
     after obtaining such knowledge); or
       ``(2) the provider--
       ``(A) exercised its best 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.''.
       (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.''.

     SEC. 1095. EXPANDING CIVIL REMEDIES FOR VICTIMS OF ONLINE 
                   CHILD SEXUAL EXPLOITATION.

       Section 2255 of title 18, United States Code, is amended--

[[Page S2412]]

       (1) in subsection (a)--
       (A) by striking ``a violation of section 1589, 1590, 1591, 
     2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 
     2422, or 2423 of this title'' and inserting ``a child 
     exploitation violation or conduct relating to child 
     exploitation'';
       (B) by inserting ``or conduct'' after ``as a result of such 
     violation''; and
       (C) by striking ``sue in any'' and inserting ``bring a 
     civil action in the''; and
       (2) by adding at the end the following:
       ``(d) Definitions.--In this section--
       ``(1) the term `child exploitation violation' means a 
     violation of section 1589, 1590, 1591, 1594(a) (involving a 
     violation of section 1589, 1590, or 1591), 1594(b) (involving 
     a violation of section 1589 or 1590), 1594(c), 2241, 2242, 
     2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of 
     this title;
       ``(2) the term `conduct relating to child exploitation' 
     means--
       ``(A) with respect to a provider of an interactive computer 
     service or a software distribution service operating through 
     the use of any means or facility of interstate or foreign 
     commerce, or in or affecting interstate or foreign commerce, 
     the intentional, knowing, or reckless promotion or 
     facilitation of a violation of section 1591, 1594(c), 2251, 
     2251A, 2252, 2252A, or 2422(b) of this title; and
       ``(B) with respect to a provider of an interactive computer 
     service operating through the use of any means or facility of 
     interstate or foreign commerce, or in or affecting interstate 
     or foreign commerce, the intentional, knowing, or reckless 
     hosting or storing of child pornography or making child 
     pornography available to any person;
       ``(3) the term `interactive computer service' has the 
     meaning given that term in section 230(f) of the 
     Communications Act of 1934 (47 U.S.C. 230(f)); and
       ``(4) the term `software distribution service' means an 
     online service, whether or not operated for pecuniary gain, 
     from which individuals can purchase, obtain, or download 
     software that--
       ``(A) can be used by an individual to communicate with 
     another individual, by any means, to store, access, 
     distribute, or receive any visual depiction, or to transmit 
     any live visual depiction; and
       ``(B) was not developed by the online service.
       ``(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 this section for conduct relating to 
     child exploitation.
       ``(f) Rules of Construction.--
       ``(1) Applicability to legal process.--Nothing in this 
     section shall be construed to apply to any 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.
       ``(2) Knowledge with respect to each item required.--For 
     purposes of conduct relating to child exploitation described 
     in subsection (d)(2)(B), 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.--Notwithstanding subsection (a), none of 
     the following actions or circumstances shall serve as an 
     independent basis for liability of a provider of an 
     interactive computer service for conduct relating to child 
     exploitation:
       ``(A) The provider utilizes full end-to-end encrypted 
     messaging services, device encryption, or other encryption 
     services.
       ``(B) The provider does not possess the information 
     necessary to decrypt a communication.
       ``(C) The provider fails to take an action that would 
     otherwise undermine the ability of the provider to offer full 
     end-to-end encrypted messaging services, device encryption, 
     or other encryption services.
       ``(2) Consideration of evidence.--Nothing in paragraph (1) 
     shall be construed to prohibit a court from considering 
     evidence of actions or circumstances described in that 
     paragraph if the evidence is otherwise admissible.
       ``(h) Defense.--In a claim under subsection (a) involving 
     knowing conduct relating to child exploitation described in 
     subsection (d)(2)(B), it shall be a defense, which the 
     provider must establish by a preponderance of the evidence, 
     that--
       ``(1) the provider disabled access to or removed the child 
     pornography as soon as possible, 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, as soon 
     as possible, and in any event not later than 2 business days 
     after obtaining such knowledge); or
       ``(2) the provider--
       ``(A) exercised its best 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.''.

     SEC. 1096. REPORTING AND REMOVAL OF PROSCRIBED VISUAL 
                   DEPICTIONS RELATING TO CHILDREN; 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 9 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 2021, the CyberTipline, operated by the National Center 
     for Missing & Exploited Children to combat online child 
     sexual exploitation, received reports about 39,900,000 images 
     and 44,800,000 videos depicting child sexual abuse.
       (6) Since 2017, Project Arachnid, operated by the Canadian 
     Centre for Child Protection, has sent over 26,000,000 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 Proscribed Visual Depictions 
     Relating to Children.--
       (1) In general.--If a provider receives a complete 
     notification as set forth in paragraph (2)(A) that the 
     provider is hosting a proscribed visual depiction relating to 
     a child, 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 proscribed visual depiction relating to a 
     child; and
       (ii) notify the complainant that it has done so; or
       (B) notify the complainant that the provider--
       (i) has determined that visual depiction referenced in the 
     notification does not constitute a proscribed visual 
     depiction relating to a child;
       (ii) is unable to remove the proscribed visual depiction 
     relating to a child using reasonable means; or
       (iii) has determined that the notification is duplicative 
     under paragraph (2)(C)(i).
       (2) Notification requirements.--
       (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 alleged 
     proscribed visual depiction relating to a child. Such 
     information may include, at the option of the complainant, a 
     copy of the alleged proscribed visual depiction relating to a 
     child or the uniform resource locator where such alleged 
     proscribed visual depiction 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 alleged proscribed

[[Page S2413]]

     visual depiction relating to a child, 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 
     alleged proscribed visual depiction relating to a child 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 alleged proscribed visual 
     depiction relating to a child;
       (II) an authorized representative of the victim depicted in 
     the alleged proscribed visual depiction relating to a child; 
     or
       (III) a qualified organization.

       (B) Inclusion of multiple visual depictions in same 
     notification.--A notification may contain information about 
     more than one alleged proscribed visual depiction relating to 
     a child, but shall only be effective with respect to each 
     alleged proscribed visual depiction relating to a child 
     included in the notification to the extent that the 
     notification includes sufficient information to identify and 
     locate such visual depiction.
       (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 alleged proscribed visual depiction 
     relating to a minor;
       (II) the same alleged proscribed visual depiction 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 visual depiction 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 visual depiction 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 visual depiction.
       (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 visual depiction 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 visual 
     depiction (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 visual depiction 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 proscribed 
     visual depiction involving a minor.--
       (i) Contact with complainant.--If the provider believes 
     that the proscribed visual depiction involving a minor 
     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 a proscribed visual depiction relating 
     to a child, 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

[[Page S2414]]

     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 and guidance on 
     the storage and handling of proscribed visual depictions 
     relating to children.
       (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 a Proscribed 
     Visual Depiction Relating to a Child or a Notification 
     Reporting a Proscribed Visual Depiction Relating to a 
     Child.--
       (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 a proscribed visual depiction relating to 
     a child, and that--

       (I) the provider--

       (aa) did not remove the proscribed visual depiction 
     relating to a child within the timeframe required under 
     subsection (c)(1)(A)(i); or
       (bb) incorrectly claimed that--
       (AA) the visual depiction 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 a proscribed visual depiction 
     relating to a child, does not have a designated reporting 
     system, and the

[[Page S2415]]

     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 proscribed 
     visual depiction relating to a child 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 visual depiction was not removed or that 
     the provider made an incorrect claim relating to the visual 
     depiction 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 visual depictions in timely manner.--
     A complainant may file a petition under subparagraph (A)(i) 
     claiming that a visual depiction was not removed even if the 
     visual depiction was removed prior to the petition being 
     filed, so long as the petition claims that the visual 
     depiction 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 a proscribed visual 
     depiction relating to a child;
       (ii) the notification is frivolous or was submitted with an 
     intent to harass the provider or any person;
       (iii) the alleged proscribed visual depiction relating to a 
     child cannot reasonably be located by the provider;
       (iv) for reasons beyond the control of the provider, the 
     provider cannot remove the proscribed visual depiction 
     relating to a child 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 proscribed visual depiction relating to a child 
     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 visual depiction will cause irreparable harm;
       (iii) the balance of equities weighs in favor of preserving 
     public and user access to the visual depiction; and
       (iv) disabling public and user access to the visual 
     depiction 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--

[[Page S2416]]

       (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 a proscribed visual depiction 
     relating to a child.
       (B) Privacy.--Any alleged proscribed visual depiction 
     relating to a child 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 proscribed visual depiction 
     relating to a child 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 a proscribed visual depiction 
     relating to a child. 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 in question 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 
     is not a proscribed visual depiction relating to a minor.
       (iv) The interested owner of a visual depiction may not 
     bring any legal action against any party related to the 
     proscribed visual depiction relating to a child until the 
     Board's determination is final. Once the determination is 
     final, the 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

[[Page S2417]]

     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 proscribed 
     visual depiction relating to a child, and to permanently 
     delete all copies of the visual depiction known to and under 
     the control of the provider unless the Board orders the 
     provider to preserve the visual depiction;
       (ii) impose a fine of $50,000 per proscribed visual 
     depiction relating to a child covered by the determination, 
     but if the Board finds that--

       (I) the provider removed the proscribed visual depiction 
     relating to a child 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 proscribed visual depiction 
     relating to a child in question, such fine shall be $100,000 
     per proscribed visual depiction relating to a child; or
       (III) the provider has engaged in recidivist hosting of the 
     proscribed visual depiction relating to a child in question 2 
     or more times, such fine shall be $200,000 per proscribed 
     visual depiction relating to a child;

       (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 a proscribed visual 
     depiction relating to a child, 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 proscribed 
     visual depiction relating to a child, and to permanently 
     delete all copies of the visual depiction known to and under 
     the control of the provider unless the Board orders the 
     provider to preserve the visual depiction.
       (B) Referral for failure to remove material.--If a provider 
     does not remove and, if applicable, permanently delete a 
     proscribed visual depiction relating to a child 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)

[[Page S2418]]

     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 proscribed visual depiction 
     relating to a minor.
       (B) A finding by the Board that a visual depiction 
     constitutes a proscribed visual depiction relating to a 
     child--
       (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 proscribed visual 
     depictions relating to children and resolving disputes 
     concerning said visual depictions, 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 a proscribed visual depiction relating to a child 
     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 proscribed visual 
     depictions relating to a child under this section;
       (B) ensure that any alleged, contested, or actual 
     proscribed visual depictions relating to a child are 
     transmitted and stored in a secure manner and are not 
     distributed to or accessed by any individual other than as 
     needed to implement this section; and
       (C) ensure that all copies of any proscribed visual 
     depictions relating to a child 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 alleged proscribed visual depiction relating 
     to a child pursuant to a notification under this section, 
     regardless of whether the visual depiction is found to be a 
     proscribed visual depiction relating to a child by the Board.
       (m) Continued Applicability of Federal, State, and Tribal 
     Law.--
       (1) In general.--This subtitle shall not be construed to 
     impair, supersede, or limit a provision of Federal, State, or 
     Tribal law.
       (2) No preemption.--Nothing in this subtitle 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 subtitle 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 proscribed visual depiction 
     relating to a child;
       (B) an authorized representative of the victim appearing in 
     the proscribed visual depiction relating to a child; 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) Proscribed visual depiction relating to a child.--The 
     term ``proscribed visual depiction relating to a child'' 
     means child sexual abuse material or a related exploitive 
     visual depiction.
       (11) 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

[[Page S2419]]

     (l), includes any director, officer, employee, or agent of 
     such provider.
       (12) 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.
       (13) Recidivist hosting.--The term ``recidivist hosting'' 
     means, with respect to a provider, that the provider removes 
     a proscribed visual depiction relating to a child 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 visual 
     depiction that had been so removed.
       (14) 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; and
       (B) there is a connection between such visual depiction and 
     the child sexual abuse material depicting that person 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.
       (15) 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.
       (16) 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.
       (17) Visual depiction.--The term ``visual depiction'' has 
     the meaning provided in section 2256(5) of title 18, United 
     States Code.

     SEC. 1097. SEVERABILITY.

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