[Congressional Record Volume 170, Number 79 (Tuesday, May 7, 2024)]
[Senate]
[Pages S3521-S3537]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2011. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms.
Duckworth, and Mr. Moran) to the bill H.R. 3935, to amend title 49,
United States Code, to reauthorize and improve the Federal Aviation
Administration and other civil aviation programs, and for other
purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
TITLE XIV--STOP CSAM ACT
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Strengthening Transparency
and Obligations to Protect Children Suffering from Abuse and
Mistreatment Act of 2024'' or the ``STOP CSAM Act of 2024''.
SEC. 1402. 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:
[[Page S3522]]
``(7) the term `multidisciplinary child abuse team' means a
professional unit of individuals working together to
investigate child abuse and provide assistance and support to
a victim of child abuse, composed of representatives from--
``(A) health, social service, and legal service agencies
that represent the child;
``(B) law enforcement agencies and prosecutorial offices;
and
``(C) children's advocacy centers;'';
(F) in paragraph (9)(D)--
(i) by striking ``genitals'' and inserting ``anus,
genitals,''; and
(ii) by striking ``or animal'';
(G) in paragraph (11), by striking ``and'' at the end;
(H) in paragraph (12)--
(i) by striking ``the term `child abuse' does not'' and
inserting ``the terms `physical injury' and `psychological
abuse' do not''; and
(ii) by striking the period and inserting a semicolon; and
(I) by adding at the end the following:
``(13) the term `covered person' means a person of any age
who--
``(A) is or is alleged to be--
``(i) a victim of a crime of physical abuse, sexual abuse,
exploitation, or kidnapping, including international parental
kidnapping; or
``(ii) a witness to a crime committed against another
person; and
``(B) was under the age of 18 when the crime described in
subparagraph (A) was committed;
``(14) the term `protected information', with respect to a
covered person, includes--
``(A) personally identifiable information of the covered
person, including--
``(i) the name of the covered person;
``(ii) an address;
``(iii) a phone number;
``(iv) a user name or identifying information for an
online, social media, or email account; and
``(v) any information that can be used to distinguish or
trace the identity of the covered person, either alone or
when combined with other information that is linked or
linkable to the covered person;
``(B) medical, dental, behavioral, psychiatric, or
psychological information of the covered person;
``(C) educational or juvenile justice records of the
covered person; and
``(D) any other information concerning the covered person
that is deemed `protected information' by order of the court
under subsection (d)(5); and
``(15) the term `child sexual abuse material' has the
meaning given the term in section 2256(8).'';
(2) in subsection (b)--
(A) in paragraph (1)(C), by striking ``minor'' and
inserting ``child''; and
(B) in paragraph (2)--
(i) in the heading, by striking ``Videotaped'' and
inserting ``Recorded'';
(ii) in subparagraph (A), by striking ``that the deposition
be recorded and preserved on videotape'' and inserting ``that
a video recording of the deposition be made and preserved'';
(iii) in subparagraph (B)--
(I) in clause (ii), by striking ``that the child's
deposition be taken and preserved by videotape'' and
inserting ``that a video recording of the child's deposition
be made and preserved'';
(II) in clause (iii)--
(aa) in the matter preceding subclause (I), by striking
``videotape'' and inserting ``recorded''; and
(bb) in subclause (IV), by striking ``videotape'' and
inserting ``recording''; and
(III) in clause (v)--
(aa) in the heading, by striking ``videotape'' and
inserting ``video recording'';
(bb) in the first sentence, by striking ``made and
preserved on video tape'' and inserting ``recorded and
preserved''; and
(cc) in the second sentence, by striking ``videotape'' and
inserting ``video recording'';
(iv) in subparagraph (C), by striking ``child's
videotaped'' and inserting ``video recording of the
child's'';
(v) in subparagraph (D)--
(I) by striking ``videotaping'' and inserting
``deposition''; and
(II) by striking ``videotaped'' and inserting ``recorded'';
(vi) in subparagraph (E), by striking ``videotaped'' and
inserting ``recorded''; and
(vii) in subparagraph (F), by striking ``videotape'' each
place the term appears and inserting ``video recording'';
(3) in subsection (d)--
(A) in paragraph (1)(A)--
(i) in clause (i), by striking ``the name of or any other
information concerning a child'' and inserting ``a covered
person's protected information''; and
(ii) in clause (ii)--
(I) by striking ``documents described in clause (i) or the
information in them that concerns a child'' and inserting ``a
covered person's protected information''; and
(II) by striking ``, have reason to know such information''
and inserting ``(including witnesses or potential witnesses),
have reason to know each item of protected information to be
disclosed'';
(B) in paragraph (2)--
(i) by striking ``the name of or any other information
concerning a child'' each place the term appears and
inserting ``a covered person's protected information'';
(ii) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins
accordingly;
(iii) by striking ``All papers'' and inserting the
following:
``(A) In general.--All papers''; and
(iv) by adding at the end the following:
``(B) Enforcement of violations.--The court may address a
violation of subparagraph (A) in the same manner as
disobedience or resistance to a lawful court order under
section 401(3).'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``a child from public disclosure of the
name of or any other information concerning the child'' and
inserting ``a covered person's protected information from
public disclosure''; and
(II) by striking ``, if the court determines that there is
a significant possibility that such disclosure would be
detrimental to the child'';
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking ``a child witness, and the testimony of
any other witness'' and inserting ``any witness''; and
(bb) by striking ``the name of or any other information
concerning a child'' and inserting ``a covered person's
protected information''; and
(II) in clause (ii), by striking ``child'' and inserting
``covered person''; and
(iii) by adding at the end the following:
``(C)(i) For purposes of this paragraph, there shall be a
presumption that public disclosure of a covered person's
protected information would be detrimental to the covered
person.
``(ii) The court shall deny a motion for a protective order
under subparagraph (A) only if the court finds that the party
opposing the motion has rebutted the presumption under clause
(i) of this subparagraph.'';
(D) in paragraph (4)--
(i) by striking ``This subsection'' and inserting the
following:
``(A) Disclosure to certain parties.--This subsection'';
(ii) in subparagraph (A), as so designated--
(I) by striking ``the name of or other information
concerning a child'' and inserting ``a covered person's
protected information''; and
(II) by striking ``or an adult attendant, or to'' and
inserting ``an adult attendant, a law enforcement agency for
any intelligence or investigative purpose, or''; and
(iii) by adding at the end the following:
``(B) Request for public disclosure.--If any party requests
public disclosure of a covered person's protected information
to further a public interest, the court shall deny the
request unless the court finds that--
``(i) the party seeking disclosure has established that
there is a compelling public interest in publicly disclosing
the covered person's protected information;
``(ii) there is a substantial probability that the public
interest would be harmed if the covered person's protected
information is not disclosed;
``(iii) the substantial probability of harm to the public
interest outweighs the harm to the covered person from public
disclosure of the covered person's protected information; and
``(iv) there is no alternative to public disclosure of the
covered person's protected information that would adequately
protect the public interest.''; and
(E) by adding at the end the following:
``(5) Other protected information.--The court may order
that information shall be considered to be `protected
information' for purposes of this subsection if the court
finds that the information is sufficiently personal,
sensitive, or identifying that it should be subject to the
protections and presumptions under this subsection.'';
(4) by striking subsection (f) and inserting the following:
``(f) Victim Impact Statement.--
``(1) Probation officer.--In preparing the presentence
report pursuant to rule 32(c) of the Federal Rules of
Criminal Procedure, the probation officer shall request
information from the multidisciplinary child abuse team, if
applicable, or other appropriate sources to determine the
impact of the offense on a child victim and any other
children who may have been affected by the offense.
``(2) Guardian ad litem.--A guardian ad litem appointed
under subsection (h) shall--
``(A) make every effort to obtain and report information
that accurately expresses the views of a child victim, and
the views of family members as appropriate, concerning the
impact of the offense; and
``(B) use forms that permit a child victim to express the
child's views concerning the personal consequences of the
offense, at a level and in a form of communication
commensurate with the child's age and ability.'';
(5) in subsection (h), by adding at the end the following:
``(4) Authorization of appropriations.--
``(A) In general.--There is authorized to be appropriated
to the United States courts to carry out this subsection
$25,000,000 for each fiscal year.
``(B) Supervision of payments.--Payments from
appropriations authorized under subparagraph (A) shall be
made under the supervision of the Director of the
Administrative Office of the United States Courts.'';
(6) in subsection (i)--
(A) by striking ``A child testifying at or attending a
judicial proceeding'' and inserting the following:
``(1) In general.--A child testifying at a judicial
proceeding, including in a manner described in subsection
(b),'';
(B) in paragraph (1), as so designated--
[[Page S3523]]
(i) in the third sentence, by striking ``proceeding'' and
inserting ``testimony''; and
(ii) by striking the fifth sentence; and
(C) by adding at the end the following:
``(2) Recording.--If the adult attendant is in close
physical proximity to or in contact with the child while the
child testifies--
``(A) at a judicial proceeding, a video recording of the
adult attendant shall be made and shall become part of the
court record; or
``(B) in a manner described in subsection (b), the adult
attendant shall be visible on the closed-circuit television
or in the recorded deposition.
``(3) Covered persons attending proceeding.--A covered
person shall have the right to be accompanied by an adult
attendant when attending any judicial proceeding.'';
(7) in subsection (j)--
(A) by striking ``child'' each place the term appears and
inserting ``covered person''; and
(B) in the fourth sentence--
(i) by striking ``and the potential'' and inserting ``, the
potential'';
(ii) by striking ``child's'' and inserting ``covered
person's''; and
(iii) by inserting before the period at the end the
following: ``, and the necessity of the continuance to
protect the defendant's rights'';
(8) in subsection (k), by striking ``child'' each place the
term appears and inserting ``covered person'';
(9) in subsection (l), by striking ``child'' each place the
term appears and inserting ``covered person''; and
(10) in subsection (m)--
(A) by striking ``(as defined by section 2256 of this
title)'' each place it appears;
(B) in paragraph (1), by inserting ``and any civil action
brought under section 2255 or 2255A'' after ``any criminal
proceeding'';
(C) in paragraph (2), by adding at the end the following:
``(C)(i) Notwithstanding Rule 26 of the Federal Rules of
Civil Procedure, a court shall deny, in any civil action
brought under section 2255 or 2255A, any request by any party
to copy, photograph, duplicate, or otherwise reproduce any
child sexual abuse material, or property or item containing
such material.
``(ii) In a civil action brought under section 2255 or
2255A, for purposes of paragraph (1), the court may--
``(I) order the plaintiff or defendant to provide to the
court or the Government, as applicable, any equipment
necessary to maintain care, custody, and control of such
child sexual abuse material, property, or item; and
``(II) take reasonable measures, and may order the
Government (if the child sexual abuse material, property, or
item is in the care, custody, and control of the Government)
to take reasonable measures, to provide each party to the
action, the attorney of each party, and any individual a
party may seek to qualify as an expert, with ample
opportunity to inspect, view, and examine such child sexual
abuse material, property, or item at the court or a
Government facility, as applicable.''; and
(D) in paragraph (3)--
(i) by inserting ``and during the 1-year period following
the date on which the criminal proceeding becomes final or is
terminated'' after ``any criminal proceeding''; and
(ii) by striking ``, as defined under section 2256(8),''.
(b) Effective Date.--The amendments made by this section
shall apply to conduct that occurs before, on, or after the
date of enactment of this Act.
SEC. 1403. FACILITATING PAYMENT OF RESTITUTION; TECHNICAL
AMENDMENTS TO RESTITUTION STATUTES.
Title 18, United States Code, is amended--
(1) in section 1593(c)--
(A) by inserting ``(1)'' after ``(c)'';
(B) by striking ``chapter, including, in'' and inserting
the following: ``chapter.
``(2) In''; and
(C) in paragraph (2), as so designated, by inserting ``may
assume the rights of the victim under this section'' after
``suitable by the court'';
(2) in section 2248(c)--
(A) by striking ``For purposes'' and inserting the
following:
``(1) In general.--For purposes'';
(B) by striking ``chapter, including, in'' and inserting
the following: ``chapter.
``(2) Assumption of crime victim's rights.--In''; and
(C) in paragraph (2), as so designated, by inserting ``may
assume the rights of the victim under this section'' after
``suitable by the court'';
(3) in section 2259--
(A) by striking subsection (a) and inserting the following:
``(a) In General.--Notwithstanding section 3663 or 3663A,
and in addition to any other civil or criminal penalty
authorized by law, the court shall order restitution for any
offense under--
``(1) section 1466A, to the extent the conduct involves a
visual depiction of an identifiable minor; or
``(2) this chapter.'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``Directions.--Except as
provided in paragraph (2), the'' and inserting ``Restitution
for production of child sexual abuse material.--If the
defendant was convicted of production of child sexual abuse
material, the''; and
(ii) in paragraph (2)(B), by striking ``$3,000.'' and
inserting the following: ``--
``(i) $3,000; or
``(ii) 10 percent of the full amount of the victim's
losses, if the full amount of the victim's losses is less
than $3,000.''; and
(C) in subsection (c)--
(i) by striking paragraph (1) and inserting the following:
``(1) Production of child sexual abuse material.--For
purposes of this section and section 2259A, the term
`production of child sexual abuse material' means--
``(A) a violation of, attempted violation of, or conspiracy
to violate section 1466A(a) to the extent the conduct
involves production of a visual depiction of an identifiable
minor;
``(B) a violation of, attempted violation of, or conspiracy
to violate section 1466A(a) involving possession with intent
to distribute, or section 1466A(b), to the extent the conduct
involves a visual depiction of an identifiable minor--
``(i) produced by the defendant; or
``(ii) that the defendant attempted or conspired to
produce;
``(C) a violation of subsection (a), (b), or (c) of section
2251, or an attempt or conspiracy to violate any of those
subsections under subsection (e) of that section;
``(D) a violation of section 2251A;
``(E) a violation of section 2252(a)(4) or 2252A(a)(5), or
an attempt or conspiracy to violate either of those sections
under section 2252(b)(2) or 2252A(b)(2), to the extent such
conduct involves child sexual abuse material--
``(i) produced by the defendant; or
``(ii) that the defendant attempted or conspired to
produce;
``(F) a violation of subsection (a)(7) of section 2252A, or
an attempt or conspiracy to violate that subsection under
subsection (b)(3) of that section, to the extent the conduct
involves production with intent to distribute;
``(G) a violation of section 2252A(g) if the series of
felony violations involves not fewer than 1 violation--
``(i) described in subparagraph (A), (B), (E), or (F) of
this paragraph;
``(ii) of section 1591; or
``(iii) of section 1201, chapter 109A, or chapter 117, if
the victim is a minor;
``(H) a violation of subsection (a) of section 2260, or an
attempt or conspiracy to violate that subsection under
subsection (c)(1) of that section;
``(I) a violation of section 2260B(a)(2) for promoting or
facilitating an offense--
``(i) described in subparagraph (A), (B), (D), or (E) of
this paragraph; or
``(ii) under section 2422(b); and
``(J) a violation of chapter 109A or chapter 117, if the
offense involves the production or attempted production of,
or conspiracy to produce, child sexual abuse material.'';
(ii) by striking paragraph (3) and inserting the following:
``(3) Trafficking in child sexual abuse material.--For
purposes of this section and section 2259A, the term
`trafficking in child sexual abuse material' means--
``(A) a violation of, attempted violation of, or conspiracy
to violate section 1466A(a) to the extent the conduct
involves distribution or receipt of a visual depiction of an
identifiable minor;
``(B) a violation of, attempted violation of, or conspiracy
to violate section 1466A(a) involving possession with intent
to distribute, or section 1466A(b), to the extent the conduct
involves a visual depiction of an identifiable minor--
``(i) not produced by the defendant; or
``(ii) that the defendant did not attempt or conspire to
produce;
``(C) a violation of subsection (d) of section 2251 or an
attempt or conspiracy to violate that subsection under
subsection (e) of that section;
``(D) a violation of paragraph (1), (2), or (3) of
subsection (a) of section 2252, or an attempt or conspiracy
to violate any of those paragraphs under subsection (b)(1) of
that section;
``(E) a violation of section 2252(a)(4) or 2252A(a)(5), or
an attempt or conspiracy to violate either of those sections
under section 2252(b)(2) or 2252A(b)(2), to the extent such
conduct involves child sexual abuse material--
``(i) not produced by the defendant; or
``(ii) that the defendant did not attempt or conspire to
produce;
``(F) a violation of paragraph (1), (2), (3), (4), or (6)
of subsection (a) of section 2252A, or an attempt or
conspiracy to violate any of those paragraphs under
subsection (b)(1) of that section;
``(G) a violation of subsection (a)(7) of section 2252A, or
an attempt or conspiracy to violate that subsection under
subsection (b)(3) of that section, to the extent the conduct
involves distribution;
``(H) a violation of section 2252A(g) if the series of
felony violations exclusively involves violations described
in this paragraph (except subparagraphs (A) and (B));
``(I) a violation of subsection (b) of section 2260, or an
attempt or conspiracy to violate that subsection under
subsection (c)(2) of that section; and
``(J) a violation of subsection (a)(1) of section 2260B, or
a violation of subsection (a)(2) of that section for
promoting or facilitating an offense described in this
paragraph (except subparagraphs (A) and (B)).''; and
(iii) in paragraph (4), in the first sentence, by inserting
``or an identifiable minor harmed as a result of the
commission of a crime under section 1466A'' after ``under
this chapter'';
(4) in section 2259A(a)--
[[Page S3524]]
(A) in paragraph (1), by striking ``under section
2252(a)(4) or 2252A(a)(5)'' and inserting ``described in
subparagraph (B) or (E) of section 2259(c)(3)''; and
(B) in paragraph (2), by striking ``any other offense for
trafficking in child pornography'' and inserting ``any
offense for trafficking in child sexual abuse material other
than an offense described in subparagraph (B) or (E) of
section 2259(c)(3)'';
(5) in section 2429--
(A) in subsection (b)(3), by striking ``2259(b)(3)'' and
inserting ``2259(c)(2)''; and
(B) in subsection (d)--
(i) by inserting ``(1)'' after ``(d)'';
(ii) by striking ``chapter, including, in'' and inserting
the following: ``chapter.
``(2) In''; and
(iii) in paragraph (2), as so designated, by inserting
``may assume the rights of the victim under this section''
after ``suitable by the court''; and
(6) in section 3664, by adding at the end the following:
``(q) Trustee or Other Fiduciary.--
``(1) In general.--
``(A) Appointment of trustee or other fiduciary.--When the
court issues an order of restitution under section 1593,
2248, 2259, 2429, or 3663, or subparagraphs (A)(i) and (B) of
section 3663A(c)(1), for a victim described in subparagraph
(B) of this paragraph, the court, at its own discretion or
upon motion by the Government, may appoint a trustee or other
fiduciary to hold any amount paid for restitution in a trust
or other official account for the benefit of the victim.
``(B) Covered victims.--A victim referred to in
subparagraph (A) is a victim who is--
``(i) under the age of 18 at the time of the proceeding;
``(ii) incompetent or incapacitated; or
``(iii) subject to paragraph (3), a foreign citizen or
stateless person residing outside the United States.
``(2) Order.--When the court appoints a trustee or other
fiduciary under paragraph (1), the court shall issue an order
specifying--
``(A) the duties of the trustee or other fiduciary, which
shall require--
``(i) the administration of the trust or maintaining an
official account in the best interests of the victim; and
``(ii) disbursing payments from the trust or account--
``(I) to the victim; or
``(II) to any individual or entity on behalf of the victim;
``(B) that the trustee or other fiduciary--
``(i) shall avoid any conflict of interest;
``(ii) may not profit from the administration of the trust
or maintaining an official account for the benefit of the
victim other than as specified in the order; and
``(iii) may not delegate administration of the trust or
maintaining the official account to any other person;
``(C) if and when the trust or the duties of the other
fiduciary will expire; and
``(D) the fees payable to the trustee or other fiduciary to
cover expenses of administering the trust or maintaining the
official account for the benefit of the victim, and the
schedule for payment of those fees.
``(3) Fact-finding regarding foreign citizens and stateless
person.--In the case of a victim who is a foreign citizen or
stateless person residing outside the United States and is
not under the age of 18 at the time of the proceeding or
incompetent or incapacitated, the court may appoint a trustee
or other fiduciary under paragraph (1) only if the court
finds it necessary to--
``(A) protect the safety or security of the victim; or
``(B) provide a reliable means for the victim to access or
benefit from the restitution payments.
``(4) Payment of fees.--
``(A) In general.--The court may, with respect to the fees
of the trustee or other fiduciary--
``(i) pay the fees in whole or in part; or
``(ii) order the defendant to pay the fees in whole or in
part.
``(B) Applicability of other provisions.--With respect to a
court order under subparagraph (A)(ii) requiring a defendant
to pay fees--
``(i) subsection (f)(3) shall apply to the court order in
the same manner as that subsection applies to a restitution
order;
``(ii) subchapter C of chapter 227 (other than section
3571) shall apply to the court order in the same manner as
that subchapter applies to a sentence of a fine; and
``(iii) subchapter B of chapter 229 shall apply to the
court order in the same manner as that subchapter applies to
the implementation of a sentence of a fine.
``(C) Effect on other penalties.--Imposition of payment
under subparagraph (A)(ii) shall not relieve a defendant of,
or entitle a defendant to a reduction in the amount of, any
special assessment, restitution, other fines, penalties, or
costs, or other payments required under the defendant's
sentence.
``(D) Schedule.--Notwithstanding any other provision of
law, if the court orders the defendant to make any payment
under subparagraph (A)(ii), the court may provide a payment
schedule that is concurrent with the payment of any other
financial obligation described in subparagraph (C).
``(5) Authorization of appropriations.--
``(A) In general.--There is authorized to be appropriated
to the United States courts to carry out this subsection
$15,000,000 for each fiscal year.
``(B) Supervision of payments.--Payments from
appropriations authorized under subparagraph (A) shall be
made under the supervision of the Director of the
Administrative Office of the United States Courts.''.
SEC. 1404. CYBERTIPLINE IMPROVEMENTS, AND ACCOUNTABILITY AND
TRANSPARENCY BY THE TECH INDUSTRY.
(a) In General.--Chapter 110 of title 18, United States
Code, is amended--
(1) in section 2258A--
(A) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) Duty to Report.--
``(1) Duty.--In order to reduce the proliferation of online
child sexual exploitation and to prevent the online sexual
exploitation of children, as soon as reasonably possible
after obtaining actual knowledge of any facts or
circumstances described in paragraph (2) or any apparent
child sexual abuse material on the provider's service, and in
any event not later than 60 days after obtaining such
knowledge, a provider shall submit to the CyberTipline of
NCMEC, or any successor to the CyberTipline operated by
NCMEC, a report that--
``(A) shall contain--
``(i) the mailing address, telephone number, facsimile
number, electronic mailing address of, and individual point
of contact for, such provider; and
``(ii) information described in subsection (b)(1)(A)
concerning such facts or circumstances or apparent child
sexual abuse material; and
``(B) may contain information described in subsection
(b)(2), including any available information to identify or
locate any involved minor.
``(2) Facts or circumstances.--The facts or circumstances
described in this paragraph are any facts or circumstances
indicating an apparent, planned, or imminent violation of
section 1591 (if the violation involves a minor), 2251,
2251A, 2252, 2252A, 2252B, 2260, or 2422(b).
``(b) Contents of Report.--
``(1) In general.--In an effort to prevent the future
sexual victimization of children, and to the extent the
information is within the custody or control of a provider,
each report provided under subsection (a)(1)--
``(A) shall include, to the extent that it is applicable
and reasonably available--
``(i) the name, address, electronic mail address, user or
account identification, Internet Protocol address, and
uniform resource locator of any individual who is a subject
of the report;
``(ii) the terms of service in effect at the time of--
``(I) the apparent violation; or
``(II) the detection of apparent child sexual abuse
material or a planned or imminent violation;
``(iii) a copy of any apparent child sexual abuse material
that is the subject of the report that was identified in a
publicly available location;
``(iv) for each item of apparent child sexual abuse
material included in the report under clause (iii) or
paragraph (2)(E), information indicating whether--
``(I) the apparent child sexual abuse material was publicly
available; or
``(II) the provider, in its sole discretion, viewed the
apparent child sexual abuse material, or any copy thereof, at
any point concurrent with or prior to the submission of the
report; and
``(v) for each item of apparent child sexual abuse material
that is the subject of the report, an indication as to
whether the apparent child sexual abuse material--
``(I) has previously been the subject of a report under
subsection (a)(1); or
``(II) is the subject of multiple contemporaneous reports
due to rapid and widespread distribution; and
``(B) may, at the sole discretion of the provider, include
the information described in paragraph (2) of this
subsection.
``(2) Other information.--The information referred to in
paragraph (1)(B) is the following:
``(A) Information about any involved individual.--Any
information relating to the identity or location of any
individual who is a subject of the report, including payment
information (excluding personally identifiable information)
and self-reported identifying or locating information.
``(B) Information about any involved minor.--Information
relating to the identity or location of any involved minor,
which may include an address, electronic mail address,
Internet Protocol address, uniform resource locator, or any
other information that may identify or locate any involved
minor, including self-reported identifying or locating
information.
``(C) Historical reference.--Information relating to when
and how a customer or subscriber of a provider uploaded,
transmitted, or received content relating to the report or
when and how content relating to the report was reported to,
or discovered by the provider, including a date and time
stamp and time zone.
``(D) Geographic location information.--Information
relating to the geographic location of the involved
individual or website, which may include the Internet
Protocol address or verified address, or, if not reasonably
available, at least one form of geographic identifying
information, including area code or zip code, provided by the
customer or subscriber, or stored or obtained by the
provider.
[[Page S3525]]
``(E) Apparent child sexual abuse material.--Any apparent
child sexual abuse material not described in paragraph
(1)(A)(iii), or other content related to the subject of the
report.
``(F) Complete communication.--The complete communication
containing any apparent child sexual abuse material or other
content, including--
``(i) any data or information regarding the transmission of
the communication; and
``(ii) any visual depictions, data, or other digital files
contained in, or attached to, the communication.
``(G) Technical identifier.--An industry-standard hash
value or other similar industry-standard technical identifier
for any reported visual depiction as it existed on the
provider's service.
``(H) Description.--For any item of apparent child sexual
abuse material that is the subject of the report, an
indication of whether--
``(i) the depicted sexually explicit conduct involves--
``(I) genital, oral, or anal sexual intercourse;
``(II) bestiality;
``(III) masturbation;
``(IV) sadistic or masochistic abuse; or
``(V) lascivious exhibition of the anus, genitals, or pubic
area of any person; and
``(ii) the depicted minor is--
``(I) an infant or toddler;
``(II) prepubescent;
``(III) pubescent;
``(IV) post-pubescent; or
``(V) of an indeterminate age or developmental stage
``(3) Formatting of reports.--When a provider includes any
information described in paragraph (1) or, at its sole
discretion, any information described in paragraph (2) in a
report to the CyberTipline of NCMEC, or any successor to the
CyberTipline operated by NCMEC, the provider shall use best
efforts to ensure that the report conforms with the structure
of the CyberTipline or the successor, as applicable.
``(c) Forwarding of Report and Other Information to Law
Enforcement.--
``(1) In general.--Pursuant to its clearinghouse role as a
private, nonprofit organization, and at the conclusion of its
review in furtherance of its nonprofit mission, NCMEC shall
make available each report submitted under subsection (a)(1)
to one or more of the following law enforcement agencies:
``(A) Any Federal law enforcement agency that is involved
in the investigation of child sexual exploitation,
kidnapping, or enticement crimes.
``(B) Any State or local law enforcement agency that is
involved in the investigation of child sexual exploitation.
``(C) A foreign law enforcement agency designated by the
Attorney General under subsection (d)(3) or a foreign law
enforcement agency that has an established relationship with
the Federal Bureau of Investigation, Immigration and Customs
Enforcement, or INTERPOL, and is involved in the
investigation of child sexual exploitation, kidnapping, or
enticement crimes.
``(2) Technical identifiers.--If a report submitted under
subsection (a)(1) contains an industry-standard hash value or
other similar industry-standard technical identifier--
``(A) NCMEC may compare that hash value or identifier with
any database or repository of visual depictions owned or
operated by NCMEC; and
``(B) if the comparison under subparagraph (A) results in a
match, NCMEC may include the matching visual depiction from
its database or repository when forwarding the report to an
agency described in subparagraph (A) or (B) of paragraph
(1).'';
(B) in subsection (d)--
(i) in paragraph (2), by striking ``subsection (c)(1)'' and
inserting ``subsection (c)(1)(A)'';
(ii) in paragraph (3)--
(I) in subparagraph (A), by striking ``subsection (c)(3)''
and inserting ``subsection (c)(1)(C)''; and
(II) in subparagraph (C), by striking ``subsection (c)(3)''
and inserting ``subsection (c)(1)(C)''; and
(iii) in paragraph (5)(B)--
(I) in clause (i), by striking ``forwarded'' and inserting
``made available''; and
(II) in clause (ii), by striking ``forwarded'' and
inserting ``made available'';
(C) by striking subsection (e) and inserting the following:
``(e) Failure to Comply With Requirements.--
``(1) Criminal penalty.--
``(A) Offense.--It shall be unlawful for a provider to
knowingly--
``(i) fail to submit a report under subsection (a)(1)
within the time period required by that subsection; or
``(ii) fail to preserve material as required under
subsection (h).
``(B) Penalty.--
``(i) In general.--A provider that violates subparagraph
(A) shall be fined--
``(I) in the case of an initial violation, not more than--
``(aa) $850,000 if the provider has not fewer than
100,000,000 monthly active users; or
``(bb) $600,000 if the provider has fewer than 100,000,000
monthly active users; and
``(II) in the case of any second or subsequent violation,
not more than--
``(aa) $1,000,000 if the provider has not fewer than
100,000,000 monthly active users; or
``(bb) $850,000 if the provider has fewer than 100,000,000
monthly active users.
``(ii) Harm to individuals.--The maximum fine under clause
(i) shall be doubled if an individual is harmed as a direct
and proximate result of the applicable violation.
``(2) Civil penalty.--
``(A) Violations relating to cybertipline reports and
material preservation.--A provider shall be liable to the
United States Government for a civil penalty in an amount of
not less than $50,000 and not more than $250,000 if the
provider knowingly--
``(i) fails to submit a report under subsection (a)(1)
within the time period required by that subsection;
``(ii) fails to preserve material as required under
subsection (h); or
``(iii) submits a report under subsection (a)(1) that--
``(I) contains materially false or fraudulent information;
or
``(II) omits information described in subsection (b)(1)(A)
that is reasonably available.
``(B) Annual report violations.--A provider shall be liable
to the United States Government for a civil penalty in an
amount of not less than $100,000 and not more than $1,000,000
if the provider knowingly--
``(i) fails to submit an annual report as required under
subsection (i); or
``(ii) submits an annual report under subsection (i) that--
``(I) contains a materially false, fraudulent, or
misleading statement; or
``(II) omits information described in subsection (i)(1)
that is reasonably available.
``(C) Harm to individuals.--The amount of a civil penalty
under subparagraph (A) or (B) shall be tripled if an
individual is harmed as a direct and proximate result of the
applicable violation.
``(D) Costs of civil actions.--A provider that commits a
violation described in subparagraph (A) or (B) shall be
liable to the United States Government for the costs of a
civil action brought to recover a civil penalty under that
subparagraph.
``(E) Enforcement.--This paragraph shall be enforced in
accordance with sections 3731, 3732, and 3733 of title 31,
except that a civil action to recover a civil penalty under
subparagraph (A) or (B) of this paragraph may only be brought
by the United States Government.
``(3) Deposit of fines and penalties.--Notwithstanding any
other provision of law, any criminal fine or civil penalty
collected under this subsection shall be deposited into the
Reserve for Victims of Child Sexual Abuse Material 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 sexual abuse material.'';
(E) in subsection (g)--
(i) in paragraph (2)(A)--
(I) in clause (iii), by inserting ``or personnel at a
children's advocacy center'' after ``State)''; and
(II) in clause (iv), by striking ``State or subdivision of
a State'' and inserting ``State, subdivision of a State, or
children's advocacy center''; and
(ii) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``subsection (a)'' and inserting
``subsection (a)(1)'';
(F) in subsection (h), by adding at the end the following:
``(7) Relation to reporting requirement.--Submission of a
report as described in subsection (a)(1) does not satisfy the
obligations under this subsection.''; and
(G) by adding at the end the following:
``(i) Annual Report.--
``(1) In general.--Not later than March 31 of the second
year beginning after the date of enactment of the STOP CSAM
Act of 2024, and of each year thereafter, a provider that had
more than 1,000,000 unique monthly visitors or users during
each month of the preceding year and accrued revenue of more
than $50,000,000 during the preceding year shall submit to
the Attorney General and the Chair of the Federal Trade
Commission a report, disaggregated by subsidiary, that
provides the following information for the preceding year to
the extent such information is applicable and reasonably
available:
``(A) Cybertipline data.--
``(i) The total number of reports that the provider
submitted under subsection (a)(1).
``(ii) Which items of information described in subsection
(b)(2) are routinely included in the reports submitted by the
provider under subsection (a)(1).
``(B) Report and remove data.--With respect to section 1406
of the STOP CSAM Act of 2024--
``(i) a description of the provider's designated reporting
system;
``(ii) the number of complete notifications received;
``(iii) the number of items of child sexual abuse material
that were removed; and
``(iv) the total amount of any fine ordered and paid.
``(C) Other reporting to the provider.--
``(i) The measures the provider has in place to receive
other reports concerning child sexual exploitation and abuse
using the provider's product or on the provider's service.
``(ii) The average time for responding to reports described
in clause (i).
[[Page S3526]]
``(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.--Whether or not such redaction is
requested by the provider, the Attorney General and Chair of
the Federal Trade Commission shall redact from a report
published under subparagraph (A) any information as necessary
to avoid--
``(I) undermining the efficacy of a safety measure
described in the report; or
``(II) revealing how a product or service of a provider may
be used to commit online child sexual exploitation and abuse.
``(ii) Additional redaction.--
``(I) Request.--In addition to information redacted under
clause (i), a provider may request the redaction, from a
report published under subparagraph (A), of any information
that is law enforcement sensitive or otherwise not suitable
for public distribution.
``(II) Agency discretion.--The Attorney General and Chair
of the Federal Trade Commission--
``(aa) shall consider a request made under subclause (I);
and
``(bb) may, in their discretion, redact from a report
published under subparagraph (A) any information pursuant to
the request.'';
(2) in section 2258B--
(A) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Limited liability.--Except as provided in subsection
(b), a civil claim or criminal charge described in paragraph
(2) may not be brought in any Federal or State court.
``(2) Covered claims and charges.--A civil claim or
criminal charge referred to in paragraph (1) is a civil claim
or criminal charge against a provider or domain name
registrar, including any director, officer, employee, or
agent of such provider or domain name registrar, that is
directly attributable to--
``(A) the performance of the reporting or preservation
responsibilities of such provider or domain name registrar
under this section, section 2258A, or section 2258C;
``(B) transmitting, distributing, or mailing child sexual
abuse material to any Federal, State, or local law
enforcement agency, or giving such agency access to child
sexual abuse material, in response to a search warrant, court
order, or other legal process issued or obtained by such
agency; or
``(C) the use by the provider or domain name registrar of
any material being preserved under section 2258A(h) by such
provider or registrar for research and the development and
training of tools, undertaken voluntarily and in good faith
for the sole and exclusive purpose of--
``(i) improving or facilitating reporting under this
section, section 2258A, or section 2258C; or
``(ii) stopping the online sexual exploitation of
children.''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``; or'' and inserting
``or knowingly failed to comply with a requirement under
section 2258A;'';
(ii) in paragraph (2)(C)--
(I) by striking ``sections'' and inserting ``this section
or section''; and
(II) by striking the period and inserting ``; or''; and
(iii) by adding at the end the following:
``(3) for purposes of subsection (a)(2)(C), knowingly
distributed or transmitted the material, or made the material
available, except as required by law, to--
``(A) any other entity;
``(B) any person not employed by the provider or domain
name registrar; or
``(C) any person employed by the provider or domain name
registrar who is not conducting any research described in
that subsection.'';
(3) in section 2258C--
(A) in the section heading, by striking ``the
CyberTipline'' and inserting ``NCMEC'';
(B) in subsection (a)--
(i) in the subsection heading, by striking ``Elements'' and
inserting ``Provision to Providers and Nonprofit Entities'';
(ii) in paragraph (1)--
(I) by striking ``to a provider'' and inserting the
following: ``or submission to the child victim identification
program to--
``(A) a provider'';
(II) in subparagraph (A), as so designated--
(aa) by inserting ``use of the provider's products or
services to commit'' after ``stop the''; and
(bb) by striking the period at the end and inserting ``;
or''; and
(III) by adding at the end the following:
``(B) a nonprofit entity for the sole and exclusive purpose
of preventing and curtailing the online sexual exploitation
of children.''; and
(iii) in paragraph (2)--
(I) in the heading, by striking ``Inclusions'' and
inserting ``Elements'';
(II) by striking ``unique identifiers'' and inserting
``similar technical identifiers''; and
(III) by inserting ``or submission to the child victim
identification program'' after ``CyberTipline report'';
(C) in subsection (b)--
(i) in the heading, by inserting ``or Nonprofit Entities''
after ``Providers'';
(ii) by striking ``Any provider'' and inserting the
following:
``(1) In general.--Any provider or nonprofit entity'';
(iii) in paragraph (1), as so designated--
(I) by striking ``receives'' and inserting ``obtains''; and
(II) by inserting ``or submission to the child victim
identification program'' after ``CyberTipline report''; and
(iv) by adding at the end the following:
``(2) Limitation on sharing with other entities.--A
provider or nonprofit entity that obtains elements under
subsection (a)(1) may not distribute those elements, or make
those elements available, to any other entity, except for the
sole and exclusive purpose of stopping the online sexual
exploitation of children.'';
(D) in subsection (c)--
(i) by striking ``subsections'' and inserting
``subsection'';
(ii) by striking ``providers receiving'' and inserting ``a
provider to obtain'';
(iii) by inserting ``or submission to the child victim
identification program'' after ``CyberTipline report''; and
(iv) by striking ``to use the elements to stop the online
sexual exploitation of children''; and
(E) in subsection (d), by inserting ``or to the child
victim identification program'' after ``CyberTipline'';
(4) in section 2258E--
(A) in paragraph (6), by striking ``electronic
communication service provider'' and inserting ``electronic
communication service'';
(B) in paragraph (7), by striking ``and'' at the end;
(C) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(9) the term `publicly available', with respect to a
visual depiction on a provider's service, means the visual
depiction can be viewed by or is accessible to all users of
the service, regardless of the steps, if any, a user must
take to create an account or to gain access to the service in
order to access or view the visual depiction; and
``(10) the term `child victim identification program' means
the program described in section 404(b)(1)(K)(ii) of the
Juvenile Justice and Delinquency Prevention Act of 1974 (34
U.S.C. 11293(b)(1)(K)(ii)).'';
(5) in section 2259B(a), by inserting ``, any fine or
penalty collected under section 2258A(e) or subparagraph (A)
of section 1406(g)(24) of the STOP CSAM Act of 2024 (except
as provided in clauses (i) and (ii)(I) of subparagraph (B) of
such section 1406(g)(24)),'' after ``2259A''; and
(6) by adding at the end the following:
``Sec. 2260B. Liability for certain child sexual exploitation
offenses
``(a) Offense.--It shall be unlawful for a provider of an
interactive computer service, as that term is defined in
section 230 of the Communications Act of 1934 (47 U.S.C.
230), that operates through the use of any facility or means
of interstate or foreign commerce
[[Page S3527]]
or in or affecting interstate or foreign commerce, through
such service to--
``(1) intentionally host or store child sexual abuse
material or make child sexual abuse material available to any
person; or
``(2) knowingly promote or facilitate a violation of
section 2251, 2251A, 2252, 2252A, or 2422(b).
``(b) Penalty.--A provider of an interactive computer
service that violates subsection (a)--
``(1) subject to paragraph (2), shall be fined not more
than $1,000,000; and
``(2) if the offense involves a conscious or reckless risk
of serious personal injury or an individual is harmed as a
direct and proximate result of the violation, shall be fined
not more than $5,000,000.
``(c) Rule of Construction.--Nothing in this section shall
be construed to apply to any good faith action by a provider
of an interactive computer service that is necessary to
comply with a valid court order, subpoena, search warrant,
statutory obligation, or preservation request from law
enforcement.''.
(b) Clerical Amendment.--The table of sections for chapter
110 of title 18, United States Code, is amended by adding at
the end the following:
``2260B. Liability for certain child sexual exploitation offenses.''.
(c) Effective Date for Amendments to Reporting Requirements
of Providers.--The amendments made by subsection (a)(1) of
this section shall take effect on the date that is 120 days
after the date of enactment of this Act.
SEC. 1405. EXPANDING CIVIL REMEDIES FOR VICTIMS OF ONLINE
CHILD SEXUAL EXPLOITATION.
(a) Statement of Intent.--Nothing in this section shall be
construed to abrogate or narrow any case law concerning
section 2255 of title 18, United States Code.
(b) Civil Remedy for Personal Injuries.--Section 2255(a) of
title 18, United States Code, is amended--
(1) by striking ``In General.--Any person who, while a
minor, was a victim of a violation of section 1589, 1590,
1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260,
2421, 2422, or 2423 of this title and who suffers personal
injury as a result of such violation, regardless of whether
the injury occurred while such person was a minor, may sue''
and inserting the following: ``Private Right of Action.--
``(1) In general.--Any person described in subparagraph
(A), (B), or (C) of paragraph (2) who suffers personal injury
as a result of a violation described in that subparagraph,
regardless of whether the injury occurred while such person
was a minor, may bring a civil action''; and
(2) by adding at the end the following:
``(2) Eligible persons.--Paragraph (1) shall apply to any
person--
``(A) who, while a minor, was a victim of--
``(i) a violation of section 1589, 1590, 1591, 2241, 2242,
2243, 2251, 2251A, 2260(a), 2421, 2422, or 2423;
``(ii) an attempt to violate section 1589, 1590, or 1591
under section 1594(a);
``(iii) a conspiracy to violate section 1589 or 1590 under
section 1594(b); or
``(iv) a conspiracy to violate section 1591 under section
1594(c);
``(B) who--
``(i) is depicted as a minor in child sexual abuse
material; and
``(ii) is a victim of a violation of 2252, 2252A, or
2260(b) (regardless of when the violation occurs); or
``(C) who--
``(i) is depicted as an identifiable minor in a visual
depiction described in section 1466A; and
``(ii) is a victim of a violation of that section
(regardless of when the violation occurs).''.
(c) Civil Remedy Against Online Platforms and App Stores.--
(1) In general.--Chapter 110 of title 18, United States
Code, is amended by inserting after section 2255 the
following:
``Sec. 2255A. Civil remedy for certain victims of child
sexual abuse material or child sexual exploitation
``(a) In General.--
``(1) Promotion or aiding and abetting of certain
violations.--Any person who is a victim of the intentional or
knowing promotion, or aiding and abetting, of a violation of
section 1591 or 1594(c) (involving a minor), or section 2251,
2251A, 2252, 2252A, or 2422(b), where such promotion, or
aiding and abetting, is by a provider of an interactive
computer service or an app store, and who suffers personal
injury as a result of such promotion or aiding and abetting,
regardless of when the injury occurred, may bring a civil
action in any appropriate United States District Court for
relief set forth in subsection (b).
``(2) Activities involving child sexual abuse material.--
Any person who is a victim of the intentional or knowing
hosting or storing of child sexual abuse material or making
child sexual abuse material available to any person by a
provider of an interactive computer service, and who suffers
personal injury as a result of such hosting, storing, or
making available, regardless of when the injury occurred, may
bring a civil action in any appropriate United States
District Court for relief set forth in subsection (b).
``(b) Relief.--In a civil action brought by a person under
subsection (a)--
``(1) the person shall recover the actual damages the
person sustains or liquidated damages in the amount of
$300,000, and the cost of the action, including reasonable
attorney fees and other litigation costs reasonably incurred;
and
``(2) the court may, in addition to any other relief
available at law, award punitive damages and such other
preliminary and equitable relief as the court determines to
be appropriate, including a temporary restraining order, a
preliminary injunction, or a permanent injunction ordering
the defendant to cease the offending conduct.
``(c) Statute of Limitations.--There shall be no time limit
for the filing of a complaint commencing an action under
subsection (a).
``(d) Venue; Service of Process.--
``(1) Venue.--Any action brought under subsection (a) may
be brought in the district court of the United States that
meets applicable requirements relating to venue under section
1391 of title 28.
``(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in
which the defendant--
``(A) is an inhabitant; or
``(B) may be found.
``(e) Relation to Section 230 of the Communications Act of
1934.--Nothing in section 230 of the Communications Act of
1934 (47 U.S.C. 230) shall be construed to impair or limit
any claim brought under subsection (a).
``(f) Rules of Construction.--
``(1) Applicability to legal process or obligation.--
Nothing in this section shall be construed to apply to any
good faith action that is necessary to comply with a valid
court order, subpoena, search warrant, statutory obligation,
or preservation request from law enforcement.
``(2) Knowledge with respect to subsection (a)(2).--For
purposes of a civil action brought under subsection (a)(2),
the term `knowing' shall be construed to mean knowledge of
the instance when, or the course of conduct during which, the
provider--
``(A) hosted or stored the child sexual abuse material at
issue in the civil action; or
``(B) made available the child sexual abuse material at
issue in the civil action.
``(g) Encryption Technologies.--
``(1) In general.--None of the following actions or
circumstances shall serve as an independent basis for
liability under subsection (a):
``(A) Utilizing full end-to-end encrypted messaging
services, device encryption, or other encryption services.
``(B) Not possessing the information necessary to decrypt a
communication.
``(C) Failing to take an action that would otherwise
undermine the ability to offer full end-to-end encrypted
messaging services, device encryption, or other encryption
services.
``(2) Consideration of evidence.--
``(A) Permitted use.--Evidence of actions or circumstances
described in paragraph (1) shall be admissible in a civil
action brought under subsection (a) only if--
``(i) the actions or circumstances are relevant under rules
401 and 402 of the Federal Rules of Evidence to--
``(I) prove motive, intent, preparation, plan, absence of
mistake, or lack of accident; or
``(II) rebut any evidence or factual or legal claim; and
``(ii) the actions or circumstances--
``(I) are otherwise admissible under the Federal Rules of
Evidence; and
``(II) are not subject to exclusion under rule 403 or any
other rule of the Federal Rules of Evidence.
``(B) Notice.--In a civil action brought under subsection
(a), a plaintiff seeking to introduce evidence of actions or
circumstances under subparagraph (A) of this paragraph
shall--
``(i) provide reasonable notice--
``(I) in writing before trial; or
``(II) in any form during trial if the court, for good
cause, excuses lack of pretrial notice; and
``(ii) articulate in the notice described in clause (i) the
permitted purpose for which the plaintiff intends to offer
the evidence and the reasoning that supports the purpose.
``(3) No effect on discovery.--Nothing in paragraph (1) or
(2) shall be construed to create a defense to a discovery
request or otherwise limit or affect discovery in any civil
action brought under subsection (a).
``(h) Defense.--In a civil action under subsection (a)(2)
involving knowing conduct, it shall be a defense at trial,
which the provider of an interactive computer service must
establish by a preponderance of the evidence as determined by
the finder of fact, that--
``(1) the provider disabled access to or removed the child
sexual abuse material within a reasonable timeframe, and in
any event not later than 48 hours after obtaining knowledge
that the child sexual abuse material was being hosted,
stored, or made available by the provider (or, in the case of
a provider that, for the most recent calendar year, averaged
fewer than 10,000,000 active users on a monthly basis in the
United States, within a reasonable timeframe, and in any
event not later than 2 business days after obtaining such
knowledge);
``(2) the provider exercised a reasonable, good faith
effort to disable access to or remove the child sexual abuse
material but was unable to do so for reasons outside the
provider's control; or
``(3) it is technologically impossible for the provider to
disable access to or remove the child sexual abuse material
without compromising encryption technologies.
[[Page S3528]]
``(i) Sanctions for Repeated Bad Faith Civil Actions or
Defenses.--
``(1) Definitions.--In this subsection:
``(A) Bad faith civil action.--The term `bad faith civil
action' means a civil action brought under subsection (a) in
bad faith where the finder of fact determines that at the
time the civil action was filed, the party, attorney, or law
firm described in paragraph (2) had actual knowledge that--
``(i) the alleged conduct did not involve any minor; or
``(ii) the alleged child sexual abuse material did not
depict--
``(I) any minor; or
``(II) sexually explicit conduct, sexual suggestiveness,
full or partial nudity, or implied sexual activity.
``(B) Bad faith defense.--The term `bad faith defense'
means a defense in a civil brought under subsection (a)
raised in bad faith where the finder of fact determines that
at the time the defense was raised, the party, attorney, or
law firm described in paragraph (3) had actual knowledge that
the defense--
``(i) was made solely for purpose of delaying the civil
action or increasing the costs of the civil action; or
``(ii) was objectively baseless in light of the applicable
law or facts at issue.
``(2) Bad faith civil action.--In the case of a civil
action brought under subsection (a), the court may impose
sanctions on--
``(A) the party bringing the civil action if the court
finds that the party has brought 2 or more bad faith civil
actions (which may include the instant civil action); or
``(B) an attorney or law firm representing the party
bringing the civil action if the court finds that the
attorney or law firm has represented--
``(i) a party who has brought 2 or more bad faith civil
actions (which may include the instant civil action); or
``(ii) 2 or more parties who have each brought a bad faith
civil action (which may include the instant civil action).
``(3) Bad faith defense.--In the case of a civil action
brought under subsection (a), the court may impose sanctions
on--
``(A) the party defending the civil action if the court
finds that the party has raised 2 or more bad faith defenses
(which may include 1 or more defenses raised in the instant
civil action); or
``(B) an attorney or law firm representing the party
defending the civil action if the court finds that the
attorney or law firm has represented--
``(i) a party who has raised 2 or more bad faith defenses
(which may include 1 or more defenses raised in the instant
civil action); or
``(ii) 2 or more parties who have each raised a bad faith
defense (which may include a defense raised in the instant
civil action).
``(4) Implementation.--Rule 11(c) of the Federal Rules of
Civil Procedure shall apply to sanctions imposed under this
subsection in the same manner as that Rule applies to
sanctions imposed for a violation of Rule 11(b) of those
Rules.
``(5) Rules of construction.--
``(A) Rule 11.--This subsection shall not be construed to
limit or expand the application of Rule 11 of the Federal
Rules of Civil Procedure.
``(B) CSAM definition.--Paragraph (1)(A)(ii) shall not be
construed to apply to a civil action affected by a
contemporaneous change in the law with respect to the
definition of `child sexual abuse material'.
``(j) Definitions.--In this section:
``(1) App.--The term `app' means a software application or
electronic service that may be run or directed by a user on a
computer, a mobile device, or any other general purpose
computing device.
``(2) App store.--The term `app store' means a publicly
available website, software application, or other electronic
service that--
``(A) distributes apps from third-party developers to users
of a computer, a mobile device, or any other general purpose
computing device; and
``(B) operates--
``(i) through the use of any means or facility of
interstate or foreign commerce; or
``(ii) in or affecting interstate or foreign commerce.
``(3) Interactive computer service.--The term `interactive
computer service' means an interactive computer service, as
defined in section 230(f) of the Communications Act of 1934
(47 U.S.C. 230(f)), that operates--
``(A) through the use of any means or facility of
interstate or foreign commerce; or
``(B) in or affecting interstate or foreign commerce.
``(k) Savings Clause.--Nothing in this section, including
the defenses under this section, shall be construed to apply
to any civil action brought under any other Federal law,
rule, or regulation, including any civil action brought under
section 2255.''.
(2) Conforming amendment.--The table of sections for
chapter 110 of title 18, United States Code, is amended by
inserting after the item relating to section 2255 the
following:
``2255A. Civil remedy for certain victims of child sexual abuse
material or child sexual exploitation.''.
SEC. 1406. REPORTING AND REMOVAL OF CHILD SEXUAL ABUSE
MATERIAL; ESTABLISHMENT OF CHILD ONLINE
PROTECTION BOARD.
(a) Findings.--Congress finds the following:
(1) Over 40 years ago, the Supreme Court of the United
States ruled in New York v. Ferber, 458 U.S. 747 (1982), that
child sexual abuse material (referred to in this subsection
as ``CSAM'') is a ``category of material outside the
protections of the First Amendment''. The Court emphasized
that children depicted in CSAM are harmed twice: first
through the abuse and exploitation inherent in the creation
of the materials, and then through the continued circulation
of the imagery, which inflicts its own emotional and
psychological injury.
(2) The Supreme Court reiterated this point 10 years ago in
Paroline v. United States, 572 U.S. 434 (2014), when it
explained that CSAM victims suffer ``continuing and grievous
harm as a result of [their] knowledge that a large,
indeterminate number of individuals have viewed and will in
the future view images of the sexual abuse [they] endured''.
(3) In these decisions, the Supreme Court noted that the
distribution of CSAM invades the privacy interests of the
victims.
(4) The co-mingling online of CSAM with other, non-explicit
depictions of the victims links the victim's identity with
the images of their abuse. This further invades a victim's
privacy and disrupts their sense of security, thwarting what
the Supreme Court has described as ``the individual interest
in avoiding disclosure of personal matters''.
(5) The internet is awash with child sexual abuse material.
In 2022, the CyberTipline, operated by the National Center
for Missing & Exploited Children to combat online child
sexual exploitation, received reports about 49,400,000 images
and 37,700,000 videos depicting child sexual abuse.
(6) Since 2017, Project Arachnid, operated by the Canadian
Centre for Child Protection, has sent over 38,000,000 notices
to online providers about CSAM and other exploitive material
found on their platforms. According to the Canadian Centre,
some providers are slow to remove the material, or take it
down only for it to be reposted again a short time later.
(7) This legislation is needed to create an easy-to-use and
effective procedure to get CSAM and harmful related imagery
quickly taken offline and kept offline to protect children,
stop the spread of illegal and harmful content, and thwart
the continued invasion of the victims' privacy.
(b) Implementation.--
(1) Implementation.--Except as provided in paragraph (2),
not later than 1 year after the date of enactment of this
Act, the Child Online Protection Board established under
subsection (d), shall begin operations, at which point
providers shall begin receiving notifications as set forth in
subsection (c)(2).
(2) Extension.--The Commission may extend the deadline
under paragraph (1) by not more than 180 days if the
Commission provides notice of the extension to the public and
to Congress.
(3) Public notice.--The Commission shall provide notice to
the public of the date that the Child Online Protection Board
established under subsection (d) is scheduled to begin
operations on--
(A) the date that is 60 days before such date that the
Board is scheduled to begin operations; and
(B) the date that is 30 days before such date that the
Board is scheduled to begin operations.
(c) Reporting and Removal of Child Sexual Abuse Material.--
(1) In general.--If a provider receives a complete
notification as set forth in paragraph (2)(A) that the
provider is hosting child sexual abuse material, as soon as
possible, but in any event not later than 48 hours after such
notification is received by the provider (or, in the case of
a small provider, not later than 2 business days after such
notification is received by the small provider), the provider
shall--
(A)(i) remove the child sexual abuse material; and
(ii) notify the complainant that it has done so; or
(B) notify the complainant that the provider--
(i) has determined that the visual depiction referenced in
the notification does not constitute child sexual abuse
material;
(ii) is unable to remove the child sexual abuse material
using reasonable means; or
(iii) has determined that the notification is duplicative
under paragraph (2)(C)(i).
(2) Notifications.--
(A) In general.--To be complete under this subsection, a
notification must be a written communication to the
designated reporting system of the provider (or, if the
provider does not have a designated reporting system, a
written communication that is served on the provider in
accordance with subparagraph (F)) that includes the
following:
(i) An identification of, and information reasonably
sufficient to permit the provider to locate, the child sexual
abuse material. Such information may include, at the option
of the complainant, a copy of the child sexual abuse material
or the uniform resource locator where such child sexual abuse
material is located.
(ii) The complainant's name and contact information, to
include a mailing address, telephone number, and an
electronic mail address, except that, if the complainant is
the victim depicted in the child sexual abuse material, the
complainant may elect to use an alias, including for purposes
of the signed statement described in clause (v), and omit a
mailing address.
[[Page S3529]]
(iii) If applicable, a statement indicating that the
complainant has previously notified the provider about the
child sexual abuse material which may, at the option of the
complainant, include a copy of the previous notification.
(iv) A statement indicating that the complainant has a good
faith belief that the information in the notification is
accurate.
(v) A signed statement under penalty of perjury indicating
that the notification is submitted by--
(I) the victim depicted in the child sexual abuse material;
(II) an authorized representative of the victim depicted in
the child sexual abuse material; or
(III) a qualified organization.
(B) Inclusion of additional visual depictions in a
notification.--
(i) Multiple items of child sexual abuse material in same
notification.--A notification may contain information about
more than one item of child sexual abuse material, but shall
only be effective with respect to each item of child sexual
abuse material included in the notification to the extent
that the notification includes sufficient information to
identify and locate such item of child sexual abuse material.
(ii) Related exploitive visual depictions.--
(I) In general.--A notification may contain information
about any related exploitive visual depictions associated
with the child sexual abuse material described in the
notification, along with the information described in
subparagraph (A)(i) for each related exploitive visual
depiction. Such notification shall clearly indicate which
visual depiction is a related exploitive visual depiction.
Such notification shall include a statement indicating that
the complainant acknowledges that the provider may, but is
not required to, remove the related exploitive visual
depiction, and that the complainant cannot file a petition
with the Child Online Protection Board concerning any alleged
failure to remove a related exploitive visual depiction.
(II) No obligation.--A provider shall not be required to
take any action under this section concerning a related
exploitive visual depiction. A provider may, in its sole
discretion, remove a related exploitive visual depiction. The
procedure set forth in subsection (g)(1) shall not apply to
related exploitive visual depictions.
(C) Limitation on duplicative notifications.--
(i) In general.--After a complainant has submitted a
notification to a provider, the complainant may submit
additional notifications at any time only if the subsequent
notifications involve--
(I) a different item of child sexual abuse material;
(II) the same item of child sexual abuse material relating
to a minor that is in a different location; or
(III) recidivist hosting.
(ii) No obligation.--A provider who receives any additional
notifications that do not comply with clause (i) shall not be
required to take any additional action except--
(I) as may be required with respect to the original
notification; and
(II) to notify the complainant as provided in paragraph
(1)(B)(iii).
(D) Incomplete or misdirected notification.--
(i) Requirement to contact complainant regarding
insufficient information.--
(I) Requirement to contact complainant.--If a notification
that is submitted to a provider under this subsection does
not contain sufficient information under subparagraph (A)(i)
to identify or locate the child sexual abuse material that is
the subject of the notification but does contain the
complainant contact information described in subparagraph
(A)(ii), the provider shall, not later than 48 hours after
receiving the notification (or, in the case of a small
provider, not later than 2 business days after such
notification is received by the small provider), contact the
complainant via electronic mail address to obtain such
information.
(II) Effect of complainant providing sufficient
information.--If the provider is able to contact the
complainant and obtain sufficient information to identify or
locate the child sexual abuse material that is the subject of
the notification, the provider shall then proceed as set
forth in paragraph (1), except that the applicable timeframes
described in such paragraph shall commence on the day the
provider receives the information needed to identify or
locate the child sexual abuse material.
(III) Effect of complainant inability to provide sufficient
information.--If the provider is able to contact the
complainant but does not obtain sufficient information to
identify or locate the child sexual abuse material that is
the subject of the notification, the provider shall so notify
the complainant not later than 48 hours after the provider
determines that it is unable to identify or locate the child
sexual abuse material (or, in the case of a small provider,
not later than 2 business days after the small provider makes
such determination), after which no further action by the
provider is required and receipt of the notification shall
not be considered in determining whether the provider has
actual knowledge of any information described in the
notification.
(IV) Effect of complainant failure to respond.--If the
complainant does not respond to the provider's attempt to
contact the complainant under this clause within 14 days of
such attempt, no further action by the provider is required
and receipt of the notification shall not be considered in
determining whether the provider has actual knowledge of any
information described in the notification.
(ii) Treatment of incomplete notification where complainant
cannot be contacted.--If a notification that is submitted to
a provider under this subsection does not contain sufficient
information under subparagraph (A)(i) to identify or locate
the child sexual abuse material that is the subject of the
notification and does not contain the complainant contact
information described in subparagraph (A)(ii) (or if the
provider is unable to contact the complainant using such
information), no further action by the provider is required
and receipt of the notification shall not be considered in
determining whether the provider has actual knowledge of any
information described in the notification.
(iii) Treatment of notification not submitted to designated
reporting system.--If a provider has a designated reporting
system, and a complainant submits a notification under this
subsection to the provider without using such system, the
provider shall not be considered to have received the
notification.
(E) Option to contact complainant regarding the child
sexual abuse material.--
(i) Contact with complainant.--If the provider believes
that the child sexual abuse material referenced in the
notification does not meet the definition of such term as
provided in subsection (q)(10), the provider may, not later
than 48 hours after receiving the notification (or, in the
case of a small provider, not later than 2 business days
after such notification is received by the small provider),
contact the complainant via electronic mail address to so
indicate.
(ii) Failure to respond.--If the complainant does not
respond to the provider within 14 days after receiving the
notification, no further action by the provider is required
and receipt of the notification shall not be considered in
determining whether the provider has actual knowledge of any
information described in the notification.
(iii) Complainant response.--If the complainant responds to
the provider within 14 days after receiving the notification,
the provider shall then proceed as set forth in paragraph
(1), except that the applicable timeframes described in such
paragraph shall commence on the day the provider receives the
complainant's response.
(F) Service of notification where provider has no
designated reporting system; process where complainant cannot
serve provider.--
(i) No designated reporting system.--If a provider does not
have a designated reporting system, a complainant may serve
the provider with a notification under this subsection to the
provider in the same manner that petitions are required to be
served under subsection (g)(4).
(ii) Complainant cannot serve provider.--If a provider does
not have a designated reporting system and a complainant
cannot reasonably serve the provider with a notification as
described in clause (i), the complainant may bring a petition
under subsection (g)(1) without serving the provider with the
notification.
(G) Recidivist hosting.--If a provider engages in
recidivist hosting of child sexual abuse material, in
addition to any action taken under this section, a
complainant may submit a report concerning such recidivist
hosting to the CyberTipline operated by the National Center
for Missing and Exploited Children, or any successor to the
CyberTipline operated by the National Center for Missing and
Exploited Children.
(H) Preservation.--A provider that receives a complete
notification under this subsection shall preserve the
information in such notification in accordance with the
requirements of sections 2713 and 2258A(h) of title 18,
United States Code. For purposes of this subparagraph, the
period for which providers shall be required to preserve
information in accordance with such section 2258A(h) may be
extended in 90-day increments on written request by the
complainant or order of the Board.
(I) Non-disclosure.--Except as otherwise provided in
subsection (g)(19)(C), for 120 days following receipt of a
notification under this subsection, a provider may not
disclose the existence of the notification to any person or
entity except to an attorney for purposes of obtaining legal
advice, the Board, the Commission, a law enforcement agency
described in subparagraph (A), (B), or (C) of section
2258A(g)(3) of title 18, United States Code, the National
Center for Missing and Exploited Children, or as necessary to
respond to legal process. Nothing in the preceding sentence
shall be construed to infringe on the provider's ability to
communicate general information about terms of service
violations.
(d) Establishment of Child Online Protection Board.--
(1) In general.--There is established in the Federal Trade
Commission a Child Online Protection Board, which shall
administer and enforce the requirements of subsection (e) in
accordance with this section.
(2) Officers and staff.--The Board shall be composed of 3
full-time Child Online Protection Officers who shall be
appointed by the Commission in accordance with paragraph
(5)(A). A vacancy on the Board shall
[[Page S3530]]
not impair the right of the remaining Child Online Protection
Officers to exercise the functions and duties of the Board.
(3) Child online protection attorneys.--Not fewer than 2
full-time Child Online Protection Attorneys shall be hired to
assist in the administration of the Board.
(4) Technological adviser.--One or more technological
advisers may be hired to assist with the handling of digital
evidence and consult with the Child Online Protection
Officers on matters concerning digital evidence and
technological issues.
(5) Qualifications.--
(A) Officers.--
(i) In general.--Each Child Online Protection Officer shall
be an attorney duly licensed in at least 1 United States
jurisdiction who has not fewer than 7 years of legal
experience concerning child sexual abuse material and
technology-facilitated crimes against children.
(ii) Experience.--Two of the Child Online Protection
Officers shall have substantial experience in the evaluation,
litigation, or adjudication of matters relating to child
sexual abuse material or technology-facilitated crimes
against children.
(B) Attorneys.--Each Child Online Protection Attorney shall
be an attorney duly licensed in at least 1 United States
jurisdiction who has not fewer than 3 years of substantial
legal experience concerning child sexual abuse material and
technology-facilitated crimes against children.
(C) Technological adviser.--A technological adviser shall
have at least one year of specialized experience with digital
forensic analysis.
(6) Compensation.--
(A) Child online protection officers.--
(i) Definition.--In this subparagraph, the term ``senior
level employee of the Federal Government'' means an employee,
other than an employee in the Senior Executive Service, the
position of whom is classified above GS-15 of the General
Schedule.
(ii) Pay range.--Each Child Online Protection Officer shall
be compensated at a rate of pay that is not less than the
minimum, and not more than the maximum, rate of pay payable
for senior level employees of the Federal Government,
including locality pay, as applicable.
(B) Child online protection attorneys.--Each Child Online
Protection Attorney shall be compensated at a rate of pay
that is not more than the maximum rate of pay payable for
level 10 of GS-15 of the General Schedule, including locality
pay, as applicable.
(C) Technological adviser.--A technological adviser of the
Board shall be compensated at a rate of pay that is not more
than the maximum rate of pay payable for level 10 of GS-14 of
the General Schedule, including locality pay, as applicable.
(7) Vacancy.--If a vacancy occurs in the position of Child
Online Protection Officer, the Commission shall act
expeditiously to appoint an Officer for that position.
(8) Sanction or removal.--Subject to subsection (e)(2), the
Chair of the Commission or the Commission may sanction or
remove a Child Online Protection Officer.
(9) Administrative support.--The Commission shall provide
the Child Online Protection Officers and Child Online
Protection Attorneys with necessary administrative support,
including technological facilities, to carry out the duties
of the Officers and Attorneys under this section. The
Department of Justice may provide equipment for and guidance
on the storage and handling of child sexual abuse material.
(10) Location of board.--The offices and facilities of the
Child Online Protection Officers and Child Online Protection
Attorneys shall be located at the headquarters or other
office of the Commission.
(e) Authority and Duties of the Board.--
(1) Functions.--
(A) Officers.--Subject to the provisions of this section
and applicable regulations, the functions of the Officers of
the Board shall be as follows:
(i) To render determinations on petitions that may be
brought before the Officers under this section.
(ii) To ensure that petitions and responses are properly
asserted and otherwise appropriate for resolution by the
Board.
(iii) To manage the proceedings before the Officers and
render determinations pertaining to the consideration of
petitions and responses, including with respect to
scheduling, discovery, evidentiary, and other matters.
(iv) To request, from participants and nonparticipants in a
proceeding, the production of information and documents
relevant to the resolution of a petition or response.
(v) To conduct hearings and conferences.
(vi) To facilitate the settlement by the parties of
petitions and responses.
(vii) To impose fines as set forth in subsection (g)(24).
(viii) To provide information to the public concerning the
procedures and requirements of the Board.
(ix) To maintain records of the proceedings before the
Officers, certify official records of such proceedings as
needed, and, as provided in subsection (g)(19)(A), make the
records in such proceedings available to the public.
(x) To carry out such other duties as are set forth in this
section.
(xi) When not engaged in performing the duties of the
Officers set forth in this section, to perform such other
duties as may be assigned by the Chair of the Commission or
the Commission.
(B) Attorneys.--Subject to the provisions of this section
and applicable regulations, the functions of the Attorneys of
the Board shall be as follows:
(i) To provide assistance to the Officers of the Board in
the administration of the duties of those Officers under this
section.
(ii) To provide assistance to complainants, providers, and
members of the public with respect to the procedures and
requirements of the Board.
(iii) When not engaged in performing the duties of the
Attorneys set forth in this section, to perform such other
duties as may be assigned by the Commission.
(C) Designated service agents.--The Board may maintain a
publicly available directory of service agents designated to
receive service of petitions filed with the Board.
(2) Independence in determinations.--
(A) In general.--The Board shall render the determinations
of the Board in individual proceedings independently on the
basis of the records in the proceedings before it and in
accordance with the provisions of this section, judicial
precedent, and applicable regulations of the Commission.
(B) Performance appraisals.--Notwithstanding any other
provision of law or any regulation or policy of the
Commission, any performance appraisal of an Officer or
Attorney of the Board may not consider the substantive result
of any individual determination reached by the Board as a
basis for appraisal except to the extent that result may
relate to any actual or alleged violation of an ethical
standard of conduct.
(3) Direction by commission.--Subject to paragraph (2), the
Officers and Attorneys shall, in the administration of their
duties, be under the supervision of the Chair of the
Commission.
(4) Inconsistent duties barred.--An Officer or Attorney of
the Board may not undertake any duty that conflicts with the
duties of the Officer or Attorney in connection with the
Board, to include the obligation to render impartial
determinations on petitions considered by the Board under
this section.
(5) Recusal.--An Officer or Attorney of the Board shall
recuse himself or herself from participation in any
proceeding with respect to which the Officer or Attorney, as
the case may be, has reason to believe that he or she has a
conflict of interest.
(6) Ex parte communications.--Except as may otherwise be
permitted by applicable law, any party or interested owner
involved in a proceeding before the Board shall refrain from
ex parte communications with the Officers of the Board and
the Commission relevant to the merits of such proceeding
before the Board.
(7) Judicial review.--Actions of the Officers and the
Commission under this section in connection with the
rendering of any determination are subject to judicial review
as provided under subsection (g)(28).
(f) Conduct of Proceedings of the Board.--
(1) In general.--Proceedings of the Board shall be
conducted in accordance with this section and regulations
established by the Commission under this section, in addition
to relevant principles of law.
(2) Record.--The Board shall maintain records documenting
the proceedings before the Board.
(3) Centralized process.--Proceedings before the Board
shall--
(A) be conducted at the offices of the Board without the
requirement of in-person appearances by parties or others;
(B) take place by means of written submissions, hearings,
and conferences carried out through internet-based
applications and other telecommunications facilities, except
that, in cases in which physical or other nontestimonial
evidence material to a proceeding cannot be furnished to the
Board through available telecommunications facilities, the
Board may make alternative arrangements for the submission of
such evidence that do not prejudice any party or interested
owner; and
(C) be conducted and concluded in an expeditious manner
without causing undue prejudice to any party or interested
owner.
(4) Representation.--
(A) In general.--A party or interested owner involved in a
proceeding before the Board may be, but is not required to
be, represented by--
(i) an attorney; or
(ii) a law student who is qualified under applicable law
governing representation by law students of parties in legal
proceedings and who provides such representation on a pro
bono basis.
(B) Representation of victims.--
(i) In general.--A petition involving a victim under the
age of 16 at the time the petition is filed shall be filed by
an authorized representative, qualified organization, or a
person described in subparagraph (A).
(ii) No requirement for qualified organizations to have
contact with, or knowledge of, victim.--A qualified
organization may submit a notification to a provider or file
a petition on behalf of a victim without regard to whether
the qualified organization has contact with the victim or
knows the identity, location, or contact information of the
victim.
(g) Procedures to Contest a Failure to Remove Child Sexual
Abuse Material or a Notification Reporting Child Sexual Abuse
Material.--
(1) Procedure to contest a failure to remove.--
[[Page S3531]]
(A) Complainant petition.--A complainant may file a
petition to the Board claiming that, as applicable--
(i) the complainant submitted a complete notification to a
provider concerning alleged child sexual abuse material, and
that--
(I) the provider--
(aa) did not remove the alleged child sexual abuse material
within the timeframe required under subsection (c)(1)(A)(i);
or
(bb) incorrectly claimed that--
(AA) the alleged child sexual abuse material at issue could
not be located or removed through reasonable means;
(BB) the notification was incomplete; or
(CC) the notification was duplicative under subsection
(c)(2)(C)(i); and
(II) did not file a timely petition to contest the
notification with the Board under paragraph (2); or
(ii) a provider is hosting alleged child sexual abuse
material, does not have a designated reporting system, and
the complainant was unable to serve a notification on the
provider under this subsection despite reasonable efforts.
(B) Additional claim.--As applicable, a petition filed
under subparagraph (A) may also claim that the alleged child
sexual abuse material at issue in the petition involves
recidivist hosting.
(C) Timeframe.--
(i) In general.--A petition under this paragraph shall be
considered timely if it is filed within 30 days of the
applicable start date, as defined under clause (ii).
(ii) Applicable start date.--For purposes of clause (i),
the term ``applicable start date'' means--
(I) in the case of a petition under subparagraph (A)(i)
claiming that the alleged child sexual abuse material was not
removed or that the provider made an incorrect claim relating
to the alleged child sexual abuse material or notification,
the day that the provider's option to file a petition has
expired under paragraph (2)(B); and
(II) in the case of a petition under subparagraph (A)(ii)
related to a notification that could not be served, the last
day of the 2-week period that begins on the day on which the
complainant first attempted to serve a notification on the
provider involved.
(D) Identification of victim.--Any petition filed to the
Board by the victim or an authorized representative of the
victim shall include the victim's legal name. A petition
filed to the Board by a qualified organization may, but is
not required to, include the victim's legal name. Any
petition containing the victim's legal name shall be filed
under seal. The victim's legal name shall be redacted from
any documents served on the provider and interested owner or
made publicly available.
(E) Failure to remove child sexual abuse material in timely
manner.--A complainant may file a petition under subparagraph
(A)(i) claiming that alleged child sexual abuse material was
not removed even if the alleged child sexual abuse material
was removed prior to the petition being filed, so long as the
petition claims that the alleged child sexual abuse material
was not removed within the timeframe specified in subsection
(c)(1).
(2) Procedure to contest a notification.--
(A) Provider petition.--If a provider receives a complete
notification as described in subsection (c)(2) through its
designated reporting system or in accordance with subsection
(c)(2)(F)(i), the provider may file a petition to the Board
claiming that the provider has a good faith belief that, as
applicable--
(i) the visual depiction that is the subject of the
notification does not constitute child sexual abuse material;
(ii) the notification is frivolous or was submitted with an
intent to harass the provider or any person;
(iii) the alleged child sexual abuse material cannot
reasonably be located by the provider;
(iv) for reasons beyond the control of the provider, the
provider cannot remove the alleged child sexual abuse
material using reasonable means; or
(v) the notification was duplicative under subsection
(c)(2)(C)(i).
(B) Timeframe.--
(i) In general.--Subject to clauses (ii) and (iii), a
petition contesting a notification under this paragraph shall
be considered timely if it is filed by a provider not later
than 14 days after the day on which the provider receives the
notification or the notification is made complete under
subsection (c)(2)(D)(i).
(ii) No designated reporting system.--Subject to clause
(iii), if a provider does not have a designated reporting
system, a petition contesting a notification under this
paragraph shall be considered timely if it is filed by a
provider not later than 7 days after the day on which the
provider receives the notification or the notification is
made complete under subsection (c)(2)(D)(i).
(iii) Small providers.--In the case of a small provider,
each of the timeframes applicable under clauses (i) and (ii)
shall be increased by 48 hours.
(3) Commencement of proceeding.--
(A) In general.--In order to commence a proceeding under
this section, a petitioning party shall, subject to such
additional requirements as may be prescribed in regulations
established by the Commission, file a petition with the
Board, that includes a statement of claims and material facts
in support of each claim in the petition. A petition may set
forth more than one claim. A petition shall also include
information establishing that it has been filed within the
applicable timeframe.
(B) Review of petitions by child online protection
attorneys.--Child Online Protection Attorneys may review
petitions to assess whether they are complete. The Board may
permit a petitioning party to refile a defective petition.
The Attorney may assist the petitioning party in making any
corrections.
(C) Dismissal.--The Board may dismiss, with or without
prejudice, any petition that fails to comply with
subparagraph (A).
(4) Service of process requirements for petitions.--
(A) In general.--For purposes of petitions under paragraphs
(1) and (2), the petitioning party shall, at or before the
time of filing a petition, serve a copy on the other party. A
corporation, partnership, or unincorporated association that
is subject to suit in courts of general jurisdiction under a
common name shall be served by delivering a copy of the
petition to its service agent, if one has been so designated.
(B) Manner of service.--
(i) Service by nondigital means.--Service by nondigital
means may be any of the following:
(I) Personal, including delivery to a responsible person at
the office of counsel.
(II) By priority mail.
(III) By third-party commercial carrier for delivery within
3 days.
(ii) Service by digital means.--Service of a paper may be
made by sending it by any digital means, including through a
provider's designated reporting system.
(iii) When service is completed.--Service by mail or by
commercial carrier is complete 3 days after the mailing or
delivery to the carrier. Service by digital means is complete
on filing or sending, unless the party making service is
notified that the paper was not received by the party served.
(C) Proof of service.--A petition filed under paragraph (1)
or (2) shall contain--
(i) an acknowledgment of service by the person served;
(ii) proof of service consisting of a statement by the
person who made service certifying--
(I) the date and manner of service;
(II) the names of the persons served; and
(III) their mail or electronic addresses, facsimile
numbers, or the addresses of the places of delivery, as
appropriate for the manner of service; or
(iii) a statement indicating that service could not
reasonably be completed.
(D) Attorney fees and costs.--Except as otherwise provided
in this subsection, all parties to a petition shall bear
their own attorney fees and costs.
(5) Service of other documents.--Documents submitted or
relied upon in a proceeding, other than the petition, shall
be served in accordance with regulations established by the
Commission.
(6) Notification of right to opt out.--In order to
effectuate service on a responding party, the petition shall
notify the responding party of their right to opt out of the
proceeding before the Board, and the consequences of opting
out and not opting out, including a prominent statement that
by not opting out the respondent--
(A) loses the opportunity to have the dispute decided by a
court created under article III of the Constitution of the
United States; and
(B) waives the right to a jury trial regarding the dispute.
(7) Initial proceedings.--
(A) Conference.--Within 1 week of completion of service of
a petition under paragraph (4), 1 or more Officers of the
Board shall hold a conference to address the matters
described in subparagraphs (B) and (C).
(B) Opt-out procedure.--At the conference, an Officer of
the Board shall explain that the responding party has a right
to opt out of the proceeding before the Board, and describe
the consequences of opting out and not opting out as
described in paragraph (6). A responding party shall have a
period of 30 days, beginning on the date of the conference,
in which to provide written notice of such choice to the
petitioning party and the Board. If the responding party does
not submit an opt-out notice to the Board within that 30-day
period, the proceeding shall be deemed an active proceeding
and the responding party shall be bound by the determination
in the proceeding. If the responding party opts out of the
proceeding during that 30-day period, the proceeding shall be
dismissed without prejudice. For purposes of any subsequent
litigation or other legal proceeding, no adverse inference
shall be drawn from a responding party's decision to opt out
of a proceeding before the Board under this subparagraph.
(C) Disabling access.--At the conference, except for
petitions setting forth claims described in clauses (iii) and
(iv) of paragraph (2)(A), an Officer of the Board shall order
the provider involved to disable public and user access to
the alleged child sexual abuse material at issue in the
petition for the pendency of the proceeding, including
judicial review as provided in subsection (g)(28), unless the
Officer of the Board finds that--
(i) it is likely that the Board will find that the petition
is frivolous or was filed with an intent to harass any
person;
(ii) there is a probability that disabling public and user
access to such alleged child
[[Page S3532]]
sexual abuse material will cause irreparable harm;
(iii) the balance of equities weighs in favor of preserving
public and user access to the alleged child sexual abuse
material; and
(iv) disabling public and user access to the alleged child
sexual abuse material is contrary to the public interest.
(D) Effect of failure to disable access.--
(i) Provider petition.--If the petition was filed by a
provider, and the provider fails to comply with an order
issued pursuant to subparagraph (B), the Board may--
(I) dismiss the petition with prejudice; and
(II) refer the matter to the Attorney General.
(ii) Effect of dismissal.--If a provider's petition is
dismissed under clause (i)(I), the complainant may bring a
petition under paragraph (1) as if the provider did not file
a petition within the timeframe specified in paragraph
(2)(B). For purposes of paragraph (1)(C)(ii), the applicable
start date shall be the date the provider's petition was
dismissed.
(iii) Complainant petition.--If the petition was filed by a
complainant, and the provider fails to comply with an order
issued pursuant to subparagraph (B), the Board--
(I) shall--
(aa) expedite resolution of the petition; and
(bb) refer the matter to the Attorney General; and
(II) may apply an adverse inference with respect to
disputed facts against such provider.
(8) Scheduling.--Upon receipt of a complete petition and at
the conclusion of the opt out procedure described in
paragraph (7), the Board shall issue a schedule for the
future conduct of the proceeding. A schedule issued by the
Board may be amended by the Board in the interests of
justice.
(9) Conferences.--One or more Officers of the Board may
hold a conference to address case management or discovery
issues in a proceeding, which shall be noted upon the record
of the proceeding and may be recorded or transcribed.
(10) Party submissions.--A proceeding of the Board may not
include any formal motion practice, except that, subject to
applicable regulations and procedures of the Board--
(A) the parties to the proceeding and an interested owner
may make requests to the Board to address case management and
discovery matters, and submit responses thereto; and
(B) the Board may request or permit parties and interested
owners to make submissions addressing relevant questions of
fact or law, or other matters, including matters raised sua
sponte by the Officers of the Board, and offer responses
thereto.
(11) Discovery.--
(A) In general.--Discovery in a proceeding shall be limited
to the production of relevant information and documents,
written interrogatories, and written requests for admission,
as provided in regulations established by the Commission,
except that--
(i) upon the request of a party, and for good cause shown,
the Board may approve additional relevant discovery, on a
limited basis, in particular matters, and may request
specific information and documents from parties in the
proceeding, consistent with the interests of justice;
(ii) upon the request of a party or interested owner, and
for good cause shown, the Board may issue a protective order
to limit the disclosure of documents or testimony that
contain confidential information;
(iii) after providing notice and an opportunity to respond,
and upon good cause shown, the Board may apply an adverse
inference with respect to disputed facts against a party or
interested owner who has failed to timely provide discovery
materials in response to a proper request for materials that
could be relevant to such facts; and
(iv) an interested owner shall only produce or receive
discovery to the extent it relates to whether the visual
depiction at issue constitutes child sexual abuse material.
(B) Privacy.--Any alleged child sexual abuse material
received by the Board or the Commission as part of a
proceeding shall be filed under seal and shall remain in the
care, custody, and control of the Board or the Commission.
For purposes of discovery, the Board or Commission shall make
the alleged child sexual abuse material reasonably available
to the parties and interested owner but shall not provide
copies. The privacy protections described in section 3509(d)
of title 18, United States Code, shall apply to the Board,
Commission, provider, complainant, and interested owner.
(12) Responses.--The responding party may refute any of the
claims or factual assertions made by the petitioning party,
and may also claim that the petition was not filed in the
applicable timeframe or is barred under subsection (h). If a
complainant is the petitioning party, a provider may
additionally claim in response that the notification was
incomplete and could not be made complete under subsection
(c)(2)(D)(i). The petitioning party may refute any responses
submitted by the responding party.
(13) Interested owner.--An individual notified under
paragraph (19)(C)(ii) may, within 14 days of being so
notified, file a motion to join the proceeding for the
limited purpose of claiming that the visual depiction at
issue does not constitute child sexual abuse material. The
Board shall serve the motion on both parties. Such motion
shall include a factual basis and a signed statement,
submitted under penalty of perjury, indicating that the
individual produced or created the visual depiction at issue.
The Board shall dismiss any motion that does not include the
signed statement or that was submitted by an individual who
did not produce or create the visual depiction at issue. If
the motion is granted, the interested owner may also claim
that the notification and petition were filed with an intent
to harass the interested owner. Any party may refute the
claims and factual assertions made by the interested owner.
(14) Evidence.--The Board may consider the following types
of evidence in a proceeding, and such evidence may be
admitted without application of formal rules of evidence:
(A) Documentary and other nontestimonial evidence that is
relevant to the petitions or responses in the proceeding.
(B) Testimonial evidence, submitted under penalty of
perjury in written form or in accordance with paragraph (15),
limited to statements of the parties and nonexpert witnesses,
that is relevant to the petitions or responses in a
proceeding, except that, in exceptional cases, expert witness
testimony or other types of testimony may be permitted by the
Board for good cause shown.
(15) Hearings.--Unless waived by all parties, the Board
shall conduct a hearing to receive oral presentations on
issues of fact or law from parties and witnesses to a
proceeding, including oral testimony, subject to the
following:
(A) Any such hearing shall be attended by not fewer than
two of the Officers of the Board.
(B) The hearing shall be noted upon the record of the
proceeding and, subject to subparagraph (C), may be recorded
or transcribed as deemed necessary by the Board.
(C) A recording or transcript of the hearing shall be made
available to any Officer of the Board who is not in
attendance.
(16) Voluntary dismissal.--
(A) By petitioning party.--Upon the written request of a
petitioning party, the Board shall dismiss the petition, with
or without prejudice.
(B) By responding party or interested owner.--Upon written
request of a responding party or interested owner, the Board
shall dismiss any responses to the petition, and shall
consider all claims and factual assertions in the petition to
be true.
(17) Factual findings.--Subject to paragraph (11)(A)(iii),
the Board shall make factual findings based upon a
preponderance of the evidence.
(18) Determinations.--
(A) Nature and contents.--A determination rendered by the
Board in a proceeding shall--
(i) be reached by a majority of the Board;
(ii) be in writing, and include an explanation of the
factual and legal basis of the determination; and
(iii) include a clear statement of all fines, costs, and
other relief awarded.
(B) Dissent.--An Officer of the Board who dissents from a
decision contained in a determination under subparagraph (A)
may append a statement setting forth the grounds for that
dissent.
(19) Publication and disclosure.--
(A) Publication.--Each final determination of the Board
shall be made available on a publicly accessible website,
except that the final determination shall be redacted to
protect confidential information that is the subject of a
protective order under paragraph (11)(A)(ii) or information
protected pursuant to paragraph (11)(B) and any other
information protected from public disclosure under the
Federal Trade Commission Act or any other applicable
provision of law.
(B) Freedom of information act.--All information relating
to proceedings of the Board under this section is exempt from
disclosure to the public under section 552(b)(3) of title 5,
except for determinations, records, and information published
under subparagraph (A). Any information that is disclosed
under this subparagraph shall have redacted any information
that is the subject of a protective order under paragraph
(11)(A)(ii) or protected pursuant to paragraph (11)(B).
(C) Effect of petition on non-disclosure period.--
(i) Submission of a petition extends the non-disclosure
period under subsection (c)(2)(I) for the pendency of the
proceeding. The provider may submit an objection to the Board
that nondisclosure is contrary to the interests of justice.
The complainant may, but is not required to, respond to the
objection. The Board should sustain the objection unless
there is reason to believe that the circumstances in section
3486(a)(6)(B) of title 18, United States Code, exist and
outweigh the interests of justice.
(ii) If the Board sustains an objection to the
nondisclosure period, the provider or the Board may notify
the apparent owner of the visual depiction at issue about the
proceeding, and include instructions on how the owner may
move to join the proceeding under paragraph (13).
(iii) If applicable, the nondisclosure period expires 120
days after the Board's determination becomes final, except it
shall expire immediately upon the Board's determination
becoming final if the Board finds that the visual depiction
at issue is not child sexual abuse material.
(iv) The interested owner of a visual depiction at issue
may not bring any legal action against any party related to
the alleged child sexual abuse material until the Board's
[[Page S3533]]
determination is final. Once the determination is final, the
interested owner of the visual depiction may pursue any legal
relief available under the law, subject to subsections (h),
(k), and (l).
(20) Responding party's default.--If the Board finds that
service of the petition on the responding party could not
reasonably be completed, or the responding party has failed
to appear or has ceased participating in a proceeding, as
demonstrated by the responding party's failure, without
justifiable cause, to meet one or more deadlines or
requirements set forth in the schedule adopted by the Board,
the Board may enter a default determination, including the
dismissal of any responses asserted by the responding party,
as follows and in accordance with such other requirements as
the Commission may establish by regulation:
(A) The Board shall require the petitioning party to submit
relevant evidence and other information in support of the
petitioning party's claims and, upon review of such evidence
and any other requested submissions from the petitioning
party, shall determine whether the materials so submitted are
sufficient to support a finding in favor of the petitioning
party under applicable law and, if so, the appropriate relief
and damages, if any, to be awarded.
(B) If the Board makes an affirmative determination under
subparagraph (A), the Board shall prepare a proposed default
determination, and shall provide written notice to the
responding party at all addresses, including electronic mail
addresses, reflected in the records of the proceeding before
the Board, of the pendency of a default determination by the
Board and of the legal significance of such determination.
Such notice shall be accompanied by the proposed default
determination and shall provide that the responding party has
a period of 30 days, beginning on the date of the notice, to
submit any evidence or other information in opposition to the
proposed default determination.
(C) If the responding party responds to the notice provided
under subparagraph (B) within the 30-day period provided in
such subparagraph, the Board shall consider responding
party's submissions and, after allowing the petitioning party
to address such submissions, maintain, or amend its proposed
determination as appropriate, and the resulting determination
shall not be a default determination.
(D) If the respondent fails to respond to the notice
provided under subparagraph (B), the Board shall proceed to
issue the default determination. Thereafter, the respondent
may only challenge such determination to the extent permitted
under paragraph (28).
(21) Petitioning party or interested owner's failure to
proceed.--If a petitioning party or interested owner who has
joined the proceeding fails to proceed, as demonstrated by
the failure, without justifiable cause, to meet one or more
deadlines or requirements set forth in the schedule adopted
by the Board, the Board may, upon providing written notice to
the petitioning party or interested owner and a period of 30
days, beginning on the date of the notice, to respond to the
notice, and after considering any such response, issue a
determination dismissing the claims made by the petitioning
party or interested owner. The Board may order the
petitioning party to pay attorney fees and costs under
paragraph (26)(B), if appropriate. Thereafter, the
petitioning party may only challenge such determination to
the extent permitted under paragraph (28).
(22) Request for reconsideration.--A party or interested
owner may, within 30 days after the date on which the Board
issues a determination under paragraph (18), submit to the
Board a written request for reconsideration of, or an
amendment to, such determination if the party or interested
owner identifies a clear error of law or fact material to the
outcome, or a technical mistake. After providing the other
parties an opportunity to address such request, the Board
shall either deny the request or issue an amended
determination.
(23) Review by commission.--If the Board denies a party or
interested owner a request for reconsideration of a
determination under paragraph (22), the party or interested
owner may, within 30 days after the date of such denial,
request review of the determination by the Commission in
accordance with regulations established by the Commission.
After providing the other party or interested owner an
opportunity to address the request, the Commission shall
either deny the request for review, or remand the proceeding
to the Board for reconsideration of issues specified in the
remand and for issuance of an amended determination. Such
amended determination shall not be subject to further
consideration or review, other than under paragraph (28).
(24) Favorable ruling on complainant petition.--
(A) In general.--If the Board grants a complainant's
petition filed under this section, notwithstanding any other
law, the Board shall--
(i) order the provider to immediately remove the child
sexual abuse material, and to permanently delete all copies
of the child sexual abuse material known to and under the
control of the provider unless the Board orders the provider
to preserve the child sexual abuse material;
(ii) impose a fine of $50,000 per item of child sexual
abuse material covered by the determination, but if the Board
finds that--
(I) the provider removed the child sexual abuse material
after the period set forth in subsection (c)(1)(A)(i), but
before the complainant filed a petition, such fine shall be
$25,000;
(II) the provider has engaged in recidivist hosting for the
first time with respect to the child sexual abuse material at
issue, such fine shall be $100,000 per item of child sexual
abuse material; or
(III) the provider has engaged in recidivist hosting of the
child sexual abuse material at issue 2 or more times, such
fine shall be $200,000 per item of child sexual abuse
material;
(iii) order the provider to pay reasonable costs to the
complainant; and
(iv) refer any matters involving intentional or willful
conduct by a provider with respect to child sexual abuse
material, or recidivist hosting, to the Attorney General for
prosecution under any applicable laws.
(B) Provider payment of fine and costs.--Notwithstanding
any other law, the Board shall direct a provider to promptly
pay fines and costs imposed under subparagraph (A) as
follows:
(i) If the petition was filed by a victim, such fine and
costs shall be paid to the victim.
(ii) If the petition was filed by an authorized
representative of a victim--
(I) 30 percent of such fine shall be paid to the authorized
representative and 70 percent of such fine paid to the
victim; and
(II) costs shall be paid to the authorized representative.
(iii) If the petition was filed by a qualified
organization--
(I) the fine shall be paid to the Reserve for Victims of
Child Sexual Abuse Material as provided in section 2259B of
title 18, United States Code (as amended by this title); and
(II) costs shall be paid to the qualified organization.
(25) Effect of denial of provider petition.--
(A) In general.--If the Board denies a provider's petition
to contest a notification filed under paragraph (2), it shall
order the provider to immediately remove the child sexual
abuse material, and to permanently delete all copies of the
child sexual abuse material known to and under the control of
the provider unless the Board orders the provider to preserve
the child sexual abuse material.
(B) Referral for failure to remove material.--If a provider
does not remove and, if applicable, permanently delete child
sexual abuse material within 48 hours of the Board issuing a
determination under subparagraph (A), or not later than 2
business days of the Board issuing a determination under
subparagraph (A) concerning a small provider, the Board shall
refer the matter to the Attorney General for prosecution
under any applicable laws.
(C) Costs for frivolous petition.--If the Board finds that
a provider filed a petition under paragraph (2) for a
harassing or improper purpose or without reasonable basis in
law or fact, the Board shall order the provider to pay the
reasonable costs of the complainant.
(26) Effect of denial of complainant's petition or
favorable ruling on provider's petition.--
(A) Restoration.--If the Board grants a provider's petition
filed under paragraph (2) or if the Board denies a petition
filed by the complainant under paragraph (1), the provider
may restore access to any visual depiction that was at issue
in the proceeding.
(B) Costs for incomplete or frivolous notification and
harassment.--If, in granting or denying a petition as
described in subparagraph (A), the Board finds that the
notification contested in the petition could not be made
complete under subsection (c)(2)(D), is frivolous, or is
duplicative under subsection (c)(2)(C)(i), the Board may
order the complainant to pay costs to the provider and any
interested owner, which shall not exceed a total of $10,000,
or, if the Board finds that the complainant filed the
notification with an intent to harass the provider or any
person, a total of $15,000.
(27) Civil action; other relief.--
(A) In general.--Whenever any provider or complainant fails
to comply with a final determination of the Board issued
under paragraph (18), the Department of Justice may commence
a civil action in a district court of the United States to
enforce compliance with such determination.
(B) Savings clause.--Nothing in this section shall be
construed to limit the authority of the Commission or
Department of Justice under any other provision of law.
(28) Challenges to the determination.--
(A) Bases for challenge.--Not later than 45 days after the
date on which the Board issues a determination or amended
determination in a proceeding, or not later than 45 days
after the date on which the Board completes any process of
reconsideration or the Commission completes a review of the
determination, whichever occurs later, a party may seek an
order from a district court, located where the provider or
complainant conducts business or resides, vacating,
modifying, or correcting the determination of the Board in
the following cases:
(i) If the determination was issued as a result of fraud,
corruption, misrepresentation, or other misconduct.
(ii) If the Board exceeded its authority or failed to
render a determination concerning the subject matter at
issue.
[[Page S3534]]
(iii) In the case of a default determination or
determination based on a failure to prosecute, if it is
established that the default or failure was due to excusable
neglect.
(B) Procedure to challenge.--
(i) Notice of application.--Notice of the application to
challenge a determination of the Board shall be provided to
all parties to the proceeding before the Board, in accordance
with the procedures applicable to service of a motion in the
court where the application is made.
(ii) Staying of proceedings.--For purposes of an
application under this paragraph, any judge who is authorized
to issue an order to stay the proceedings in an any other
action brought in the same court may issue an order, to be
served with the notice of application, staying proceedings to
enforce the award while the challenge is pending.
(29) Final determination.--A determination of the Board
shall be final on the date that all opportunities for a party
or interested owner to seek reconsideration or review of a
determination under paragraph (22) or (23), or for a party to
challenge the determination under paragraph (28), have
expired or are exhausted.
(h) Effect of Proceeding.--
(1) Subsequent proceedings.--The issuance of a final
determination by the Board shall preclude the filing by any
party of any subsequent petition that is based on the
notification at issue in the final determination. This
paragraph shall not limit the ability of any party to file a
subsequent petition based on any other notification.
(2) Determination.--Except as provided in paragraph (1),
the issuance of a final determination by the Board, including
a default determination or determination based on a failure
to prosecute, shall, solely with respect to the parties to
such determination, preclude relitigation of any claim or
response asserted and finally determined by the Board 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 interested owner may relitigate any claim or
response that was properly asserted and considered by the
Board in any subsequent proceeding before the Board involving
the same interested owner and the same child sexual abuse
material.
(B) A finding by the Board that a visual depiction
constitutes child sexual abuse material--
(i) may not be relitigated in any civil proceeding brought
by an interested owner; and
(ii) may not be relied upon, and shall not have preclusive
effect, in any other action or proceeding involving any party
before any court or tribunal other than the Board.
(C) A determination by the Board shall not preclude
litigation or relitigation as between the same or different
parties before any court or tribunal other than the Board of
the same or similar issues of fact or law in connection with
allegations or responses not asserted or not finally
determined by the Board.
(D) Except to the extent permitted under this subsection,
any 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, including the Board.
(3) Other materials in proceeding.--A submission or
statement of a party, interested owner, or witness made in
connection with a proceeding before the Board, including a
proceeding that is dismissed, may not serve as the basis of
any action or proceeding before any court or tribunal except
for any legal action related to perjury or for conduct
described in subsection (k)(2). A statement of a party,
interested owner, or witness may be received as evidence, in
accordance with applicable rules, in any subsequent legal
action or proceeding before any court, tribunal, or the
Board.
(4) Failure to assert response.--Except as provided in
paragraph (1), the failure or inability to assert any
allegation, factual claim, or response in a proceeding before
the Board shall not preclude the assertion of that response
in any subsequent legal action or proceeding before any
court, tribunal, or the Board.
(i) Administration.--The Commission may issue regulations
in accordance with section 553 of title 5, United States
Code, to implement this section.
(j) Study.--
(1) In general.--Not later than 3 years after the date on
which Child Online Protection Board issues the first
determination under this section, the Commission shall
conduct, and report to Congress on, a study that addresses
the following:
(A) The use and efficacy of the Child Online Protection
Board in expediting the removal of child sexual abuse
material and resolving disputes concerning alleged child
sexual abuse material, including the number of proceedings
the Child Online Protection Board could reasonably administer
with current allocated resources.
(B) Whether adjustments to the authority of the Child
Online Protection Board are necessary or advisable, including
with respect to permissible claims, responses, fines, costs,
and joinder by interested parties.
(C) Whether the Child Online Protection Board should be
permitted to expire, be extended, or be expanded.
(D) Such other matters as the Commission believes may be
pertinent concerning the Child Online Protection Board.
(2) Consultation.--In conducting the study and completing
the report required under paragraph (1), the Commission
shall, to the extent feasible, consult with complainants,
victims, and providers to include their views on the matters
addressed in the study and report.
(k) Limited Liability.--
(1) In general.--Except as provided in paragraph (2), a
civil claim or criminal charge against the Board, a provider,
a complainant, interested owner, or representative under
subsection (f)(4), for distributing, receiving, accessing, or
possessing child sexual abuse material for the sole and
exclusive purpose of complying with the requirements of this
section, or for the sole and exclusive purpose of seeking or
providing legal advice in order to comply with this section,
may not be brought in any Federal or State court.
(2) Intentional, reckless, or other misconduct.--Paragraph
(1) shall not apply to a claim against the Board, a provider,
a complainant, interested owner, or representative under
subsection (f)(4)--
(A) for any conduct unrelated to compliance with the
requirements of this section;
(B) if the Board, provider, complainant, interested owner,
or representative under subsection (f)(4) (as applicable)--
(i) engaged in intentional misconduct; or
(ii) acted, or failed to act--
(I) with actual malice; or
(II) with reckless disregard to a substantial risk of
causing physical injury without legal justification; or
(C) in the case of a claim against a complainant, if the
complainant falsely claims to be a victim, an authorized
representative of a victim, or a qualified organization.
(3) Minimizing access.--The Board, a provider, a
complainant, an interested owner, or a representative under
subsection (f)(4) shall--
(A) minimize the number of individuals that are provided
access to any alleged, contested, or actual child sexual
abuse material under this section;
(B) ensure that any alleged, contested, or actual child
sexual abuse material is transmitted and stored in a secure
manner and is not distributed to or accessed by any
individual other than as needed to implement this section;
and
(C) ensure that all copies of any child sexual abuse
material are permanently deleted upon a request from the
Board, Commission, or the Federal Bureau of Investigation.
(l) Provider Immunity From Claims Based on Removal of
Visual Depiction.--A provider shall not be liable to any
person for any claim based on the provider's good faith
removal of any visual depiction that is alleged to be child
sexual abuse material pursuant to a notification under this
section, regardless of whether the visual depiction involved
is found to be child sexual abuse material by the Board. A
provider shall not be liable to any person for any claim
based on the provider's good faith discretionary removal of
any alleged related exploitive visual depictions pursuant to
a notification under this section.
(m) Discovery.--Nothing in this section affects discovery,
a subpoena or any other court order, or any other judicial
process otherwise in accordance with Federal or State law.
(n) 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.
(o) 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 (p).
(p) Sunset.--Except for subsections (a), (h), (k), (l),
(m), (n), and (q), this section shall expire 5 years after
the date on which the Child Online Protection Board issues
its first determination under this section.
(q) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Child Online
Protection Board established under subsection (d).
(2) Child sexual abuse material.--The term ``child sexual
abuse material'' has the meaning provided in section 2256(8)
of title 18, United States Code.
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Complainant.--The term ``complainant'' means--
(A) the victim appearing in the child sexual abuse
material;
(B) an authorized representative of the victim appearing in
the child sexual abuse material; or
(C) a qualified organization.
(5) Designated reporting system.--The term ``designated
reporting system'' means a digital means of submitting a
notification to a provider under this subsection that is
publicly and prominently available, easily accessible, and
easy to use.
(6) Host.--The term ``host'' means to store or make a
visual depiction available or accessible to the public or any
users through digital means or on a system or network
controlled or operated by or for a provider.
(7) Identifiable person.--The term ``identifiable person''
means a person who is recognizable as an actual person by the
person's
[[Page S3535]]
face, likeness, or other distinguishing characteristic, such
as a unique birthmark or other recognizable feature.
(8) Interested owner.--The term ``interested owner'' means
an individual who has joined a proceeding before the Board
under subsection (g)(13).
(9) Party.--The term ``party'' means the complainant or
provider.
(10) Provider.--The term ``provider'' means a provider of
an interactive computer service, as that term is defined in
section 230 of the Communications Act of 1934 (47 U.S.C.
230), and for purposes of subsections (k) and (l), includes
any director, officer, employee, or agent of such provider.
(11) Qualified organization.--The term ``qualified
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that is exempt
from tax under section 501(a) of that Code that works to
address child sexual abuse material and to support victims of
child sexual abuse material.
(12) Recidivist hosting.--The term ``recidivist hosting''
means, with respect to a provider, that the provider removes
child sexual abuse material pursuant to a notification or
determination under this subsection, and then subsequently
hosts a visual depiction that has the same hash value or
other technical identifier as the child sexual abuse material
that had been so removed.
(13) Related exploitive visual depiction.--The term
``related exploitive visual depiction'' means a visual
depiction of an identifiable person of any age where--
(A) such visual depiction does not constitute child sexual
abuse material, but is published with child sexual abuse
material depicting that person while under 18 years of age;
and
(B) there is a connection between such visual depiction and
the child sexual abuse material depicting that person while
under 18 years of age that is readily apparent from--
(i) the content of such visual depiction and the child
sexual abuse material; or
(ii) the context in which such visual depiction and the
child sexual abuse material appear.
(14) Small provider.--The term ``small provider'' means a
provider that, for the most recent calendar year, averaged
less than 10,000,000 active users on a monthly basis in the
United States.
(15) Victim.--
(A) In general.--The term ``victim'' means an individual of
any age who is depicted in child sexual abuse material while
under 18 years of age.
(B) Assumption of rights.--In the case of a victim who is
under 18 years of age, incompetent, incapacitated, or
deceased, the legal guardian of the victim or representative
of the victim's estate, another family member, or any other
person appointed as suitable by a court, may assume the
victim's rights to submit a notification or file a petition
under this section, but in no event shall an individual who
produced or conspired to produce the child sexual abuse
material depicting the victim be named as such representative
or guardian.
(16) Visual depiction.--The term ``visual depiction'' has
the meaning provided in section 2256(5) of title 18, United
States Code.
SEC. 1407. USE OF TERM ``CHILD SEXUAL ABUSE MATERIAL''.
(a) Sense of Congress.--It is the sense of Congress that
the term ``child sexual abuse material'' has the same legal
meaning as the term ``child pornography'', as that term was
used in Federal statutes and case law before the date of
enactment of this Act.
(b) Amendments.--
(1) Title 5, united states code.--Chapter 65 of title 5,
United States Code, is amended--
(A) in section 6502(a)(2)(B), by striking ``child
pornography'' and inserting ``child sexual abuse material'';
and
(B) in section 6504(c)(2)(F), by striking ``child
pornography'' and inserting ``child sexual abuse material''.
(2) Homeland security act of 2002.--The Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(A) in section 307(b)(3)(D) (6 U.S.C. 187(b)(3)(D)), by
striking ``child pornography'' and inserting ``child sexual
abuse material''; and
(B) in section 890A (6 U.S.C. 473)--
(i) in subsection (b)(2)(A)(ii), by striking ``child
pornography'' and inserting ``child sexual abuse material'';
and
(ii) in subsection (e)(3)(B)(ii), by striking ``child
pornography'' and inserting ``child sexual abuse material''.
(3) Immigration and nationality act.--Section 101(a)(43)(I)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)(I)) is amended by striking ``child pornography''
and inserting ``child sexual abuse material''.
(4) Small business jobs act of 2010.--Section 3011(c) of
the Small Business Jobs Act of 2010 (12 U.S.C. 5710(c)) is
amended by striking ``child pornography'' and inserting
``child sexual abuse material''.
(5) Broadband data improvement act.--Section 214(a)(2) of
the Broadband Data Improvement Act (15 U.S.C. 6554(a)(2)) is
amended by striking ``child pornography'' and inserting
``child sexual abuse material''.
(6) CAN-SPAM act of 2003.--Section 4(b)(2)(B) of the CAN-
SPAM Act of 2003 (15 U.S.C. 7703(b)(2)(B)) is amended by
striking ``child pornography'' and inserting ``child sexual
abuse material''.
(7) Title 18, united states code.--Title 18, United States
Code, is amended--
(A) in section 1956(c)(7)(D), by striking ``child
pornography'' each place the term appears and inserting
``child sexual abuse material'';
(B) in chapter 110--
(i) in section 2251(e), by striking ``child pornography''
and inserting ``child sexual abuse material'';
(ii) in section 2252(b)--
(I) in paragraph (1), by striking ``child pornography'' and
inserting ``child sexual abuse material''; and
(II) in paragraph (2), by striking ``child pornography''
and inserting ``child sexual abuse material'';
(iii) in section 2252A--
(I) in the section heading, by striking ``material
constituting or containing child pornography'' and inserting
``child sexual abuse material'';
(II) in subsection (a)--
(aa) in paragraph (1), by striking ``child pornography''
and inserting ``child sexual abuse material'';
(bb) in paragraph (2)--
(AA) in subparagraph (A), by striking ``child pornography''
and inserting ``child sexual abuse material''; and
(BB) in subparagraph (B), by striking ``material that
contains child pornography'' and inserting ``child sexual
abuse material'';
(cc) in paragraph (3)(A), by striking ``child pornography''
and inserting ``child sexual abuse material'';
(dd) in paragraph (4)--
(AA) in subparagraph (A), by striking ``child pornography''
and inserting ``child sexual abuse material''; and
(BB) in subparagraph (B), by striking ``child pornography''
and inserting ``child sexual abuse material'';
(ee) in paragraph (5)--
(AA) in subparagraph (A), by striking ``material that
contains an image of child pornography'' and inserting ``item
containing child sexual abuse material''; and
(BB) in subparagraph (B), by striking ``material that
contains an image of child pornography'' and inserting ``item
containing child sexual abuse material''; and
(ff) in paragraph (7)--
(AA) by striking ``child pornography'' and inserting
``child sexual abuse material''; and
(BB) by striking the period at the end and inserting a
comma;
(III) in subsection (b)--
(aa) in paragraph (1), by striking ``child pornography''
and inserting ``child sexual abuse material''; and
(bb) in paragraph (2), by striking ``child pornography''
each place the term appears and inserting ``child sexual
abuse material'';
(IV) in subsection (c)--
(aa) in paragraph (1)(A), by striking ``child pornography''
and inserting ``child sexual abuse material'';
(bb) in paragraph (2), by striking ``child pornography''
and inserting ``child sexual abuse material''; and
(cc) in the undesignated matter following paragraph (2), by
striking ``child pornography'' and inserting ``child sexual
abuse material'';
(V) in subsection (d)(1), by striking ``child pornography''
and inserting ``child sexual abuse material''; and
(VI) in subsection (e), by striking ``child pornography''
each place the term appears and inserting ``child sexual
abuse material'';
(iv) in section 2256(8)--
(I) by striking ``child pornography'' and inserting ``child
sexual abuse material''; and
(II) by striking the period at the end and inserting a
semicolon;
(v) in section 2257A(h)--
(I) in paragraph (1)(A)(iii)--
(aa) by inserting a comma after ``marketed'';
(bb) by striking ``such than'' and inserting ``such that'';
and
(cc) by striking ``a visual depiction that is child
pornography'' and inserting ``child sexual abuse material'';
and
(II) in paragraph (2), by striking ``any visual depiction
that is child pornography'' and inserting ``child sexual
abuse material'';
(vi) in section 2258A(g)(2)(B), by striking ``visual
depictions of apparent child pornography'' and inserting
``apparent child sexual abuse material'';
(vii) in section 2258B--
(I) in the section heading, by striking ``certain visual
depictions of apparent child pornography'' and inserting
``apparent child sexual abuse material'';
(II) in subsection (e)--
(aa) in the subsection heading, by striking ``Child
Pornography'' each place it appears and inserting ``Child
Sexual Abuse Material'';
(bb) in paragraph (1), by striking ``child pornography''
each place it appears and inserting ``child sexual abuse
material'';
(cc) in paragraph (3), by striking ``child pornography''
each place it appears and inserting ``child sexual abuse
material''; and
(dd) in paragraph (4) in the matter preceding subparagraph
(A), by striking ``child pornography'' and inserting ``child
sexual abuse material'';
(viii) in section 2258C, as amended by section 1404 of this
title--
(I) in the section heading, by striking ``Use to combat
child pornography of technical elements relating to reports
made to NCMEC'' and inserting ``Use of technical elements
from reports made to NCMEC to combat child sexual abuse
material'';
(II) in subsection (a)--
[[Page S3536]]
(aa) in paragraph (2), by striking ``child pornography''
and inserting ``child sexual abuse material''; and
(bb) in paragraph (3), by striking ``the actual visual
depictions of apparent child pornography'' and inserting
``any apparent child sexual abuse material'';
(III) in subsection (d), by striking ``child pornography
visual depiction'' and inserting ``child sexual abuse
material''; and
(IV) in subsection (e), by striking ``child pornography
visual depiction'' and inserting ``child sexual abuse
material'';
(ix) in section 2259, as amended by section 1403 of this
title--
(I) in paragraph (b)(2)--
(aa) in the paragraph heading, by striking ``child
pornography'' and inserting ``child sexual abuse material'';
(bb) in the matter preceding subparagraph (A), by striking
``child pornography'' and inserting ``child sexual abuse
material''; and
(cc) in subparagraph (A), by striking ``child pornography''
and inserting ``child sexual abuse material'';
(II) in subsection (c)(2), in the matter preceding
subparagraph (A), by striking ``trafficking in child
pornography offenses'' each place the term appears and
inserting ``offenses for trafficking in child sexual abuse
material'' ; and
(III) in subsection (d)(1)--
(aa) in subparagraph (A)--
(AA) by striking ``child pornography'' each place the term
appears and inserting ``child sexual abuse material''; and
(BB) by striking ``Child Pornography Victims Reserve'' and
inserting ``Reserve for Victims of Child Sexual Abuse
Material'';
(bb) in subparagraph (B), by striking ``child pornography''
and inserting ``child sexual abuse material''; and
(cc) in subparagraph (C)--
(AA) by striking ``child pornography'' and inserting
``child sexual abuse material''; and
(BB) by striking ``Child Pornography Victims Reserve'' and
inserting ``Reserve for Victims of Child Sexual Abuse
Material'';
(x) in section 2259A--
(I) in the section heading, by striking ``child pornography
cases'' and inserting ``cases involving child sexual abuse
material'';
(II) in subsection (a)(3), by striking ``a child
pornography production offense'' and inserting ``an offense
for production of child sexual abuse material''; and
(III) in subsection (d)(2)(B), by striking ``child
pornography production or trafficking offense that the
defendant committed'' and inserting ``offense for production
of child sexual abuse material or trafficking in child sexual
abuse material committed by the defendant''; and
(xi) in section 2259B--
(I) in the section heading, by striking ``Child pornography
victims reserve'' and inserting ``Reserve for victims of
child sexual abuse material'';
(II) in subsection (a), by striking ``Child Pornography
Victims Reserve'' each place the term appears and inserting
``Reserve for Victims of Child Sexual Abuse Material'';
(III) in subsection (b), by striking ``Child Pornography
Victims Reserve'' each place the term appears and inserting
``Reserve for Victims of Child Sexual Abuse Material''; and
(IV) in subsection (c), by striking ``Child Pornography
Victims Reserve'' and inserting ``Reserve for Victims of
Child Sexual Abuse Material'';
(C) in chapter 117--
(i) in section 2423(f)(3), by striking ``child
pornography'' and inserting ``child sexual abuse material'';
and
(ii) in section 2427--
(I) in the section heading, by striking ``child
pornography'' and inserting ``child sexual abuse material'';
and
(II) by striking ``child pornography'' and inserting
``child sexual abuse material'';
(D) in section 2516--
(i) in paragraph (1)(c), by striking ``material
constituting or containing child pornography'' and inserting
``child sexual abuse material''; and
(ii) in paragraph (2), by striking ``child pornography
production'' and inserting ``production of child sexual abuse
material'';
(E) in section 3014(h)(3), by striking ``child pornography
victims'' and inserting ``victims of child sexual abuse
material'';
(F) in section 3509, as amended by section 1402(a) of this
title--
(i) in subsection (a)(6), by striking ``child pornography''
and inserting ``child sexual abuse material''; and
(ii) in subsection (m)--
(I) in the subsection heading, by striking ``Child
Pornography'' and inserting ``Child Sexual Abuse Material'';
(II) in paragraph (1), by striking ``property or material
that constitutes child pornography'' and inserting ``child
sexual abuse material, or property or item containing such
material,'';
(III) in paragraph (2)--
(aa) in subparagraph (A)--
(AA) by striking ``property or material that constitutes
child pornography'' and inserting ``child sexual abuse
material, or property or item containing such material,'';
and
(BB) by striking ``the property or material'' and inserting
``the child sexual abuse material, property, or item''; and
(bb) in subparagraph (B)--
(AA) by striking ``property or material'' the first place
the term appears and inserting ``the child sexual abuse
material, property, or item''; and
(BB) by striking ``the property or material'' and inserting
``the child sexual abuse material, property, or item'';
(IV) in paragraph (3)--
(aa) by striking ``property or material that constitutes
child pornography'' and inserting ``child sexual abuse
material'';
(bb) by striking ``such child pornography'' and inserting
``such child sexual abuse material''; and
(cc) by striking ``Such property or material'' and
inserting ``Such child sexual abuse material''; and
(G) in section 3632(d)(4)(D)(xlii), by striking ``material
constituting or containing child pornography'' and inserting
``child sexual abuse material''.
(8) Tariff act of 1930.--Section 583(a)(2)(B) of the Tariff
Act of 1930 (19 U.S.C. 1583(a)(2)(B)) is amended by striking
``child pornography'' and inserting ``child sexual abuse
material''.
(9) Elementary and secondary education act of 1965.--
Section 4121 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7131) is amended--
(A) in subsection (a)--
(i) in paragraph (1)(A)(ii), by striking ``child
pornography'' and inserting ``child sexual abuse material'';
and
(ii) in paragraph (2)(A)(ii), by striking ``child
pornography'' and inserting ``child sexual abuse material'';
and
(B) in subsection (e)(5)--
(i) in the paragraph heading, by striking ``Child
pornography'' and inserting ``Child sexual abuse material'';
and
(ii) by striking ``child pornography'' and inserting
``child sexual abuse material''.
(10) Museum and library services act.--Section 224(f) of
the Museum and Library Services Act (20 U.S.C. 9134(f)) is
amended--
(A) in paragraph (1)--
(i) in subparagraph (A)(i)(II), by striking ``child
pornography'' and inserting ``child sexual abuse material'';
and
(ii) in subparagraph (B)(i)(II), by striking ``child
pornography'' and inserting ``child sexual abuse material'';
and
(B) in paragraph (7)(A)--
(i) in the subparagraph heading, by striking ``Child
pornography'' and inserting ``Child sexual abuse material'';
and
(ii) by striking ``child pornography'' and inserting
``child sexual abuse material''.
(11) Omnibus crime control and safe streets act of 1968.--
Section 3031(b)(3) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10721(b)(3)) is
amended by striking ``child pornography'' and inserting
``child sexual abuse material''.
(12) Juvenile justice and delinquency prevention act of
1974.--Section 404(b)(1)(K) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K))
is amended--
(A) in clause (i)(I)(aa), by striking ``child pornography''
and inserting ``child sexual abuse material''; and
(B) in clause (ii), by striking ``child pornography'' and
inserting ``child sexual abuse material''.
(13) Victims of crime act of 1984.--Section 1402(d)(6)(A)
of the Victims of Crime Act of 1984 (34 U.S.C.
20101(d)(6)(A)) is amended by striking ``Child Pornography
Victims Reserve'' and inserting ``Reserve for Victims of
Child Sexual Abuse Material''.
(14) Victims of child abuse act of 1990.--The Victims of
Child Abuse Act of 1990 (34 U.S.C. 20301 et seq.) is
amended--
(A) in section 212(4) (34 U.S.C. 20302(4)), by striking
``child pornography'' and inserting ``child sexual abuse
material'';
(B) in section 214(b) (34 U.S.C. 20304(b))--
(i) in the subsection heading, by striking ``Child
Pornography'' and inserting ``Child Sexual Abuse Material'';
and
(ii) by striking ``child pornography'' and inserting
``child sexual abuse material''; and
(C) in section 226(c)(6) (34 U.S.C. 20341(c)(6)), by
striking ``child pornography'' and inserting ``child sexual
abuse material''.
(15) Sex offender registration and notification act.--
Section 111 of the Sex Offender Registration and Notification
Act (34 U.S.C. 20911) is amended--
(A) in paragraph (3)(B)(iii), by striking ``child
pornography'' and inserting ``child sexual abuse material'';
and
(B) in paragraph (7)(G), by striking ``child pornography''
and inserting ``child sexual abuse material''.
(16) Adam walsh child protection and safety act of 2006.--
Section 143(b)(3) of the Adam Walsh Child Protection and
Safety Act of 2006 (34 U.S.C. 20942(b)(3)) is amended by
striking ``child pornography and enticement cases'' and
inserting ``cases involving child sexual abuse material and
enticement of children''.
(17) Protect our children act of 2008.--The PROTECT Our
Children Act of 2008 (34 U.S.C. 21101 et seq.) is amended--
(A) in section 101(c) (34 U.S.C. 21111(c))--
(i) in paragraph (16)--
(I) in the matter preceding subparagraph (A), by striking
``child pornography trafficking'' and inserting ``trafficking
in child sexual abuse material'';
(II) in subparagraph (A), by striking ``child pornography''
and inserting ``child sexual abuse material'';
(III) in subparagraph (B), by striking ``child
pornography'' and inserting ``child sexual abuse material'';
(IV) in subparagraph (C), by striking ``child pornography''
and inserting ``child sexual abuse material''; and
[[Page S3537]]
(V) in subparagraph (D), by striking ``child pornography''
and inserting ``child sexual abuse material''; and
(ii) in paragraph (17)(A), by striking ``child
pornography'' and inserting ``child sexual abuse material'';
and
(B) in section 105(e)(1)(C) (34 U.S.C. 21115(e)(1)(C)), by
striking ``child pornography trafficking'' and inserting
``trafficking in child sexual abuse material''.
(18) Social security act.--Section 471(a)(20)(A)(i) of the
Social Security Act (42 U.S.C. 671(a)(20)(A)(i)) is amended
by striking ``child pornography'' and inserting ``offenses
involving child sexual abuse material''.
(19) Privacy protection act of 1980.--Section 101 of the
Privacy Protection Act of 1980 (42 U.S.C. 2000aa) is
amended--
(A) in subsection (a)(1), by striking ``child pornography''
and inserting ``child sexual abuse material''; and
(B) in subsection (b)(1), by striking ``child pornography''
and inserting ``child sexual abuse material''.
(20) Child care and development block grant act of 1990.--
Section 658H(c)(1) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858f(c)(1)) is amended--
(A) in subparagraph (D)(iii), by striking ``child
pornography'' and inserting ``offenses relating to child
sexual abuse material''; and
(B) in subparagraph (E), by striking ``child pornography''
and inserting ``child sexual abuse material''.
(21) Communications act of 1934.--Title II of the
Communications Act of 1934 (47 U.S.C. 201 et seq.) is
amended--
(A) in section 223 (47 U.S.C. 223)--
(i) in subsection (a)(1)--
(I) in subparagraph (A), in the undesignated matter
following clause (ii), by striking ``child pornography'' and
inserting ``which constitutes child sexual abuse material'';
and
(II) in subparagraph (B), in the undesignated matter
following clause (ii), by striking ``child pornography'' and
inserting ``which constitutes child sexual abuse material'';
and
(ii) in subsection (d)(1), in the undesignated matter
following subparagraph (B), by striking ``child pornography''
and inserting ``that constitutes child sexual abuse
material''; and
(B) in section 254(h) (47 U.S.C. 254(h))--
(i) in paragraph (5)--
(I) in subparagraph (B)(i)(II), by striking ``child
pornography'' and inserting ``child sexual abuse material'';
and
(II) in subparagraph (C)(i)(II), by striking ``child
pornography'' and inserting ``child sexual abuse material'';
(ii) in paragraph (6)--
(I) in subparagraph (B)(i)(II), by striking ``child
pornography'' and inserting ``child sexual abuse material'';
and
(II) in subparagraph (C)(i)(II), by striking ``child
pornography'' and inserting ``child sexual abuse material'';
and
(iii) in paragraph (7)(F)--
(I) in the subparagraph heading, by striking ``Child
pornography'' and inserting ``Child sexual abuse material'';
and
(II) by striking ``child pornography'' and inserting
``child sexual abuse material''.
(c) Table of Sections Amendments.--
(1) Chapter 110 of title 18.--The table of sections for
chapter 110 of title 18, United States Code, is amended--
(A) by striking the item relating to section 2252A and
inserting the following:
``2252A. Certain activities relating to child sexual abuse material.'';
(B) by striking the item relating to section 2258B and
inserting the following:
``2258B. Limited liability for the reporting, storage, and handling of
apparent child sexual abuse material to the National
Center for Missing & Exploited Children.'';
(C) by striking the item relating to section 2258C and
inserting the following:
``2258C. Use of technical elements from reports made to the
CyberTipline to combat child sexual abuse material.'';
(D) by striking the item relating to section 2259A and
inserting the following:
``2259A. Assessments in cases involving child sexual abuse material.'';
and
(E) by striking the item relating to section 2259B and
inserting the following:
``2259B. Reserve for victims of child sexual abuse material.''.
(2) Chapter 117 of title 18.--The table of sections for
chapter 117 of title 18, United States Code, is amended by
striking the item relating to section 2427 and inserting the
following:
``2427. Inclusion of offenses relating to child sexual abuse material
in definition of sexual activity for which any person can
be charged with a criminal offense.''.
(d) Amendment to the Federal Sentencing Guidelines.--
Pursuant to its authority under section 994(p) of title 28,
United States Code, and in accordance with this section, the
United States Sentencing Commission shall amend the Federal
sentencing guidelines, including application notes, to
replace the terms ``child pornography'' and ``child
pornographic material'' with ``child sexual abuse material''.
(e) Effective Date.--The amendments made by this section to
title 18 of the United States Code shall apply to conduct
that occurred before, on, or after the date of enactment of
this Act.
SEC. 1408. SEVERABILITY.
If any provision of this title, an amendment made by this
title, or the application of such provision or amendment to
any person or circumstance is held to be unconstitutional,
the remainder of this title and the amendments made by this
title, and the application of the provision or amendment to
any other person or circumstance, shall not be affected.
SEC. 1409. CONTINUED APPLICABILITY OF FEDERAL, STATE, AND
TRIBAL LAW.
(a) Federal Law.--Nothing in this title or the amendments
made by this title, nor any rule or regulation issued
pursuant to this title or the amendments made by this title,
shall affect or diminish any right or remedy for a victim of
child sexual abuse material or child sexual exploitation
under any other Federal law, rule, or regulation, including
any claim under section 2255 of title 18, United States Code,
with respect to any individual or entity.
(b) State or Tribal Law.--Nothing in this title or the
amendments made by this title, nor any rule or regulation
issued pursuant to this title or the amendments made by this
title, shall--
(1) preempt, diminish, or supplant any right or remedy for
a victim of child sexual abuse material or child sexual
exploitation under any State or Tribal common or statutory
law; or
(2) prohibit the enforcement of a law governing child
sexual abuse material or child sexual exploitation that is at
least as protective of the rights of a victim as this title
and the amendments made by this title.
______