S 1829
· 119th Congress
· Crime and Law Enforcement
STOP CSAM Act of 2025
Sponsor
Latest action
Placed on Senate Legislative Calendar under General Orders. Calendar No. 106.
Action timeline
Every recorded action on this bill, newest first. Stage badges color-code the legislative path.
Jun 26, 2025
committee
Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
Judiciary Committee
Jun 26, 2025
other
Placed on Senate Legislative Calendar under General Orders. Calendar No. 106.
Jun 12, 2025
committee
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Judiciary Committee
May 21, 2025
introduced
Introduced in Senate
May 21, 2025
introduced
Read twice and referred to the Committee on the Judiciary.
Judiciary Committee
Text versions
Each stage of the bill — official text published by GPO. Click any format to read on congress.gov / govinfo.
CRS summaries
Plain-English summaries written by the Congressional Research Service — neutral, nonpartisan staff who summarize bills as they advance through stages. The authoritative description of what each version of the bill does.
25
Reported to Senate
Jun 26, 2025
Strengthening Transparency and Obligations to Protect Children Suffering from Abuse and Mistreatment Act of 2025 or the STOP CSAM Act of 2025
This bill revises the federal framework governing the prevention of online child sexual exploitation to expand protections for victims, expand requirements for electronic communication service providers and remote computing service providers (providers), and expand related penalties and remedies.
The bill extends protections for child victims and witnesses who testify in federal court (e.g., privacy protections) to child victims and witnesses of kidnapping offenses and to child victims and witnesses who were under 18 years of age at the time of the crime, even if they are 18 or older at the time of court proceedings.
Additionally, the bill establishes statutory procedures for courts to appoint a trustee to hold restitution payments for certain victims (e.g., minor victims) of offenses involving human trafficking, sexual abuse, child sexual abuse material, illegal sexual activity and related crimes, or crimes of violence.
The bill requires providers to report online child sexual exploitation to the CyberTipline (i.e., the national reporting system for online child sexual exploitation) within 60 days. Reports must include specified information, such as information about repeat offenders. The bill establishes criminal and civil penalties for providers who fail to comply with the requirements.
Finally, the bill prohibits providers from hosting or storing child pornography or knowingly facilitating the sexual exploitation of children and allows victims to pursue civil remedies.
via Congressional Research Service · published through congress.gov
Changelog
ⓘ
How a bill moves through Congress. Each stage produces a new official text. The diff between them shows what changed at that step.
ih / is — Introduced in House / Senate. First filed version.rfh / rfs — Referred to a committee for review.rh / rs — Reported back by the committee to the floor (often with amendments — this is where most language changes happen).pcs / pch — Placed on Calendar for floor consideration.eh / es — Engrossed. Passed by the originating chamber. Text is now what was actually voted on.rdh / rds — Received by the other chamber.eah / eas — Engrossed Amendment. The other chamber passed an amended version.ath / ats — Agreed to. Both chambers settled on the same text.enr — Enrolled. Final reconciled text, sent to the President.pl — Public Law. Signed by the President. It's now law.pp — Public Print. Official printing post-enactment.
Most bills die before eh/es. Going from pcs → enr is the full path through both chambers.
ⓘ
How a bill moves through Congress. Each stage produces a new official text. The diff between them shows what changed at that step.
ih/is— Introduced in House / Senate. First filed version.rfh/rfs— Referred to a committee for review.rh/rs— Reported back by the committee to the floor (often with amendments — this is where most language changes happen).pcs/pch— Placed on Calendar for floor consideration.eh/es— Engrossed. Passed by the originating chamber. Text is now what was actually voted on.rdh/rds— Received by the other chamber.eah/eas— Engrossed Amendment. The other chamber passed an amended version.ath/ats— Agreed to. Both chambers settled on the same text.enr— Enrolled. Final reconciled text, sent to the President.pl— Public Law. Signed by the President. It's now law.pp— Public Print. Official printing post-enactment.
Most bills die before eh/es. Going from pcs → enr is the full path through both chambers.
Line-level diff between text versions of this bill — what actually changed at each legislative stage.
+1951
−11
52 unchanged
--- Introduced (Senate)
+++ Reported (Senate)
@@ -1,8 +1,9 @@
[From the U.S. Government Publishing Office]
-[S. 1829 Introduced in Senate (IS)]
+[S. 1829 Reported in Senate (RS)]
<DOC>
+Calendar No. 106
119th CONGRESS
1st Session
S. 1829
@@ -16,9 +17,16 @@
May 21, 2025
-Mr. Hawley (for himself, Mr. Durbin, Ms. Klobuchar, Mr. Grassley, and
-Mr. Kelly) introduced the following bill; which was read twice and
-referred to the Committee on the Judiciary
+Mr. Hawley (for himself, Mr. Durbin, Ms. Klobuchar, Mr. Grassley, Mr.
+Kelly, Mrs. Britt, Mrs. Moody, Mrs. Hyde-Smith, and Mr. Blumenthal)
+introduced the following bill; which was read twice and referred to the
+Committee on the Judiciary
+
+June 26 (legislative day, June 24), 2025
+
+Reported by Mr. Grassley, with an amendment
+[Strike out all after the enacting clause and insert the part printed
+in italic]
_______________________________________________________________________
@@ -29,6 +37,1911 @@
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
+
+<DELETED>SECTION 1. SHORT TITLE.</DELETED>
+
+<DELETED> This Act may be cited as the ``Strengthening Transparency
+and Obligations to Protect Children Suffering from Abuse and
+Mistreatment Act of 2025'' or the ``STOP CSAM Act of 2025''.</DELETED>
+
+<DELETED>SEC. 2. PROTECTING CHILD VICTIMS AND WITNESSES IN FEDERAL
+COURT.</DELETED>
+
+<DELETED> (a) In General.--Section 3509 of title 18, United States
+Code, is amended--</DELETED>
+<DELETED> (1) in subsection (a)--</DELETED>
+<DELETED> (A) in paragraph (2)(A), by striking ``or
+exploitation'' and inserting ``exploitation, or
+kidnapping, including international parental
+kidnapping'';</DELETED>
+<DELETED> (B) in paragraph (3), by striking
+``physical or mental injury'' and inserting ``physical
+injury, psychological abuse'';</DELETED>
+<DELETED> (C) by striking paragraphs (5), (6), and
+(7) and inserting the following:</DELETED>
+<DELETED> ``(5) the term `psychological abuse' includes--
+</DELETED>
+<DELETED> ``(A) a pattern of acts, threats of acts,
+or coercive tactics intended to degrade, humiliate,
+intimidate, or terrorize a child; and</DELETED>
+<DELETED> ``(B) the infliction of trauma on a child
+through--</DELETED>
+<DELETED> ``(i) isolation;</DELETED>
+<DELETED> ``(ii) the withholding of food or
+other necessities in order to control
+behavior;</DELETED>
+<DELETED> ``(iii) physical restraint;
+or</DELETED>
+<DELETED> ``(iv) the confinement of the
+child without the child's consent and in
+degrading conditions;</DELETED>
+<DELETED> ``(6) the term `exploitation' means--</DELETED>
+<DELETED> ``(A) child pornography;</DELETED>
+<DELETED> ``(B) child sex trafficking; or</DELETED>
+<DELETED> ``(C) an obscene visual depiction of a
+child;</DELETED>
+<DELETED> ``(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--
+</DELETED>
+<DELETED> ``(A) health, social service, and legal
+service agencies that represent the child;</DELETED>
+<DELETED> ``(B) law enforcement agencies and
+prosecutorial offices; and</DELETED>
+<DELETED> ``(C) children's advocacy
+centers;'';</DELETED>
+<DELETED> (D) in paragraph (9)(D)--</DELETED>
+<DELETED> (i) by striking ``genitals'' and
+inserting ``anus, genitals,''; and</DELETED>
+<DELETED> (ii) by striking ``or
+animal'';</DELETED>
+<DELETED> (E) in paragraph (11), by striking ``and''
+at the end;</DELETED>
+<DELETED> (F) in paragraph (12)--</DELETED>
+<DELETED> (i) by striking ``the term `child
+abuse' does not'' and inserting ``the terms
+`physical injury' and `psychological abuse' do
+not''; and</DELETED>
+<DELETED> (ii) by striking the period and
+inserting a semicolon; and</DELETED>
+<DELETED> (G) by adding at the end the
+following:</DELETED>
+<DELETED> ``(13) the term `covered person' means a person of
+any age who--</DELETED>
+<DELETED> ``(A) is or is alleged to be--</DELETED>
+<DELETED> ``(i) a victim of a crime of
+physical abuse, sexual abuse, exploitation, or
+kidnapping, including international parental
+kidnapping; or</DELETED>
+<DELETED> ``(ii) a witness to a crime
+committed against another person; and</DELETED>
+<DELETED> ``(B) was under the age of 18 when the
+crime described in subparagraph (A) was
+committed;</DELETED>
+<DELETED> ``(14) the term `protected information', with
+respect to a covered person, includes--</DELETED>
+<DELETED> ``(A) personally identifiable information
+of the covered person, including--</DELETED>
+<DELETED> ``(i) the name of the covered
+person;</DELETED>
+<DELETED> ``(ii) an address;</DELETED>
+<DELETED> ``(iii) a phone number;</DELETED>
+<DELETED> ``(iv) a user name or identifying
+information for an online, social media, or
+email account; and</DELETED>
+<DELETED> ``(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;</DELETED>
+<DELETED> ``(B) medical, dental, behavioral,
+psychiatric, or psychological information of the
+covered person;</DELETED>
+<DELETED> ``(C) educational or juvenile justice
+records of the covered person; and</DELETED>
+<DELETED> ``(D) any other information concerning the
+covered person that is deemed `protected information'
+by order of the court under subsection
+(d)(5);</DELETED>
+<DELETED> ``(15) the term `child pornography' has the
+meaning given the term in section 2256(8); and</DELETED>
+<DELETED> ``(16) the term `obscene visual depiction of a
+child' means any visual depiction prohibited by section 1466A
+involving an identifiable minor, as that term is defined in
+section 2256(9).'';</DELETED>
+<DELETED> (2) in subsection (b)--</DELETED>
+<DELETED> (A) in paragraph (1)(C), by striking
+``minor'' and inserting ``child''; and</DELETED>
+<DELETED> (B) in paragraph (2)--</DELETED>
+<DELETED> (i) in the heading, by striking
+``Videotaped'' and inserting
+``Recorded'';</DELETED>
+<DELETED> (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'';</DELETED>
+<DELETED> (iii) in subparagraph (B)--
+</DELETED>
+<DELETED> (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'';</DELETED>
+<DELETED> (II) in clause (iii)--
+</DELETED>
+<DELETED> (aa) in the matter
+preceding subclause (I), by
+striking ``videotape'' and
+inserting ``recorded'';
+and</DELETED>
+<DELETED> (bb) in subclause
+(IV), by striking ``videotape''
+and inserting ``recording'';
+and</DELETED>
+<DELETED> (III) in clause (v)--
+</DELETED>
+<DELETED> (aa) in the
+heading, by striking
+``videotape'' and inserting
+``video recording'';</DELETED>
+<DELETED> (bb) in the first
+sentence, by striking ``made
+and preserved on video tape''
+and inserting ``recorded and
+preserved''; and</DELETED>
+<DELETED> (cc) in the second
+sentence, by striking
+``videotape'' and inserting
+``video recording'';</DELETED>
+<DELETED> (iv) in subparagraph (C), by
+striking ``child's videotaped'' and inserting
+``video recording of the child's'';</DELETED>
+<DELETED> (v) in subparagraph (D)--
+</DELETED>
+<DELETED> (I) by striking
+``videotaping'' and inserting
+``deposition''; and</DELETED>
+<DELETED> (II) by striking
+``videotaped'' and inserting
+``recorded'';</DELETED>
+<DELETED> (vi) in subparagraph (E), by
+striking ``videotaped'' and inserting
+``recorded''; and</DELETED>
+<DELETED> (vii) in subparagraph (F), by
+striking ``videotape'' each place the term
+appears and inserting ``video
+recording'';</DELETED>
+<DELETED> (3) in subsection (d)--</DELETED>
+<DELETED> (A) in paragraph (1)(A)--</DELETED>
+<DELETED> (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</DELETED>
+<DELETED> (ii) in clause (ii)--</DELETED>
+<DELETED> (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</DELETED>
+<DELETED> (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'';</DELETED>
+<DELETED> (B) in paragraph (2)--</DELETED>
+<DELETED> (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'';</DELETED>
+<DELETED> (ii) by redesignating
+subparagraphs (A) and (B) as clauses (i) and
+(ii), respectively, and adjusting the margins
+accordingly;</DELETED>
+<DELETED> (iii) by striking ``All papers''
+and inserting the following:</DELETED>
+<DELETED> ``(A) In general.--All papers'';
+and</DELETED>
+<DELETED> (iv) by adding at the end the
+following:</DELETED>
+<DELETED> ``(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).'';</DELETED>
+<DELETED> (C) in paragraph (3)--</DELETED>
+<DELETED> (i) in subparagraph (A)--
+</DELETED>
+<DELETED> (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</DELETED>
+<DELETED> (II) by striking ``, if
+the court determines that there is a
+significant possibility that such
+disclosure would be detrimental to the
+child'';</DELETED>
+<DELETED> (ii) in subparagraph (B)--
+</DELETED>
+<DELETED> (I) in clause (i)--
+</DELETED>
+<DELETED> (aa) by striking
+``a child witness, and the
+testimony of any other
+witness'' and inserting ``any
+witness''; and</DELETED>
+<DELETED> (bb) by striking
+``the name of or any other
+information concerning a
+child'' and inserting ``a
+covered person's protected
+information''; and</DELETED>
+<DELETED> (II) in clause (ii), by
+striking ``child'' and inserting
+``covered person''; and</DELETED>
+<DELETED> (iii) by adding at the end the
+following:</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(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.'';</DELETED>
+<DELETED> (D) in paragraph (4)--</DELETED>
+<DELETED> (i) by striking ``This
+subsection'' and inserting the
+following:</DELETED>
+<DELETED> ``(A) Disclosure to certain parties.--This
+subsection'';</DELETED>
+<DELETED> (ii) in subparagraph (A), as so
+designated--</DELETED>
+<DELETED> (I) by striking ``the name
+of or other information concerning a
+child'' and inserting ``a covered
+person's protected information'';
+and</DELETED>
+<DELETED> (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</DELETED>
+<DELETED> (iii) by adding at the end the
+following:</DELETED>
+<DELETED> ``(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--</DELETED>
+<DELETED> ``(i) the party seeking disclosure
+has established that there is a compelling
+public interest in publicly disclosing the
+covered person's protected
+information;</DELETED>
+<DELETED> ``(ii) there is a substantial
+probability that the public interest would be
+harmed if the covered person's protected
+information is not disclosed;</DELETED>
+<DELETED> ``(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</DELETED>
+<DELETED> ``(iv) there is no alternative to
+public disclosure of the covered person's
+protected information that would adequately
+protect the public interest.''; and</DELETED>
+<DELETED> (E) by adding at the end the
+following:</DELETED>
+<DELETED> ``(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.'';</DELETED>
+<DELETED> (4) by striking subsection (f) and inserting the
+following:</DELETED>
+<DELETED> ``(f) Victim Impact Statement.--</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(2) Guardian ad litem.--A guardian ad litem
+appointed under subsection (h) shall--</DELETED>
+<DELETED> ``(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</DELETED>
+<DELETED> ``(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.'';</DELETED>
+<DELETED> (5) in subsection (h), by adding at the end the
+following:</DELETED>
+<DELETED> ``(4) Authorization of appropriations.--</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(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.'';</DELETED>
+<DELETED> (6) in subsection (i)--</DELETED>
+<DELETED> (A) by striking ``A child testifying at or
+attending a judicial proceeding'' and inserting the
+following:</DELETED>
+<DELETED> ``(1) In general.--A child testifying at a
+judicial proceeding, including in a manner described in
+subsection (b),'';</DELETED>
+<DELETED> (B) in paragraph (1), as so designated--
+</DELETED>
+<DELETED> (i) in the third sentence, by
+striking ``proceeding'' and inserting
+``testimony''; and</DELETED>
+<DELETED> (ii) by striking the fifth
+sentence; and</DELETED>
+<DELETED> (C) by adding at the end the
+following:</DELETED>
+<DELETED> ``(2) Recording.--If the adult attendant is in
+close physical proximity to or in contact with the child while
+the child testifies--</DELETED>
+<DELETED> ``(A) at a judicial proceeding, a video
+recording of the adult attendant shall be made and
+shall become part of the court record; or</DELETED>
+<DELETED> ``(B) in a manner described in subsection
+(b), the adult attendant shall be visible on the
+closed-circuit television or in the recorded
+deposition.</DELETED>
+<DELETED> ``(3) Covered persons attending proceeding.--A
+covered person shall have the right to be accompanied by an
+adult attendant when attending any judicial
+proceeding.'';</DELETED>
+<DELETED> (7) in subsection (j)--</DELETED>
+<DELETED> (A) by striking ``child'' each place the
+term appears and inserting ``covered person'';
+and</DELETED>
+<DELETED> (B) in the fourth sentence--</DELETED>
+<DELETED> (i) by striking ``and the
+potential'' and inserting ``, the
+potential'';</DELETED>
+<DELETED> (ii) by striking ``child's'' and
+inserting ``covered person's''; and</DELETED>
+<DELETED> (iii) by inserting before the
+period at the end the following: ``, and the
+necessity of the continuance to protect the
+defendant's rights'';</DELETED>
+<DELETED> (8) in subsection (k), by striking ``child'' each
+place the term appears and inserting ``covered
+person'';</DELETED>
+<DELETED> (9) in subsection (l), by striking ``child'' each
+place the term appears and inserting ``covered person'';
+and</DELETED>
+<DELETED> (10) in subsection (m)--</DELETED>
+<DELETED> (A) by striking ``(as defined by section
+2256 of this title)'' each place it appears;</DELETED>
+<DELETED> (B) by inserting ``or an obscene visual
+depiction of a child'' after ``child pornography'' each
+place it appears except the second instance in
+paragraph (3);</DELETED>
+<DELETED> (C) in paragraph (1), by inserting ``and
+any civil action brought under section 2255 or 2255A''
+after ``any criminal proceeding'';</DELETED>
+<DELETED> (D) in paragraph (2), by adding at the end
+the following:</DELETED>
+<DELETED> ``(C)(i) Notwithstanding rule 26 of the Federal
+Rules of Civil Procedure, a court shall deny, in any civil
+action brought under section 2255 or 2255A, any request by any
+party to copy, photograph, duplicate, or otherwise reproduce
+any property or material that constitutes child pornography or
+an obscene visual depiction of a child.</DELETED>
+<DELETED> ``(ii) In a civil action brought under section
+2255 or 2255A, for purposes of paragraph (1), the court may--
+</DELETED>
+<DELETED> ``(I) order the plaintiff or defendant to
+provide to the court or the Government, as applicable,
+any equipment necessary to maintain care, custody, and
+control of such property or material; and</DELETED>
+<DELETED> ``(II) take reasonable measures, and may
+order the Government (if such property or material is
+in the care, custody, and control of the Government) to
+take reasonable measures, to provide each party to the
+action, the attorney of each party, and any individual
+a party may seek to qualify as an expert, with ample
+opportunity to inspect, view, and examine such property
+or material at the court or a Government facility, as
+applicable.''; and</DELETED>
+<DELETED> (E) in paragraph (3)--</DELETED>
+<DELETED> (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'';</DELETED>
+<DELETED> (ii) by striking ``, as defined
+under section 2256(8),''; and</DELETED>
+<DELETED> (iii) by inserting ``or obscene
+visual depiction of a child'' after ``such
+child pornography''.</DELETED>
+<DELETED> (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.</DELETED>
+
+<DELETED>SEC. 3. FACILITATING PAYMENT OF RESTITUTION; TECHNICAL
+AMENDMENTS TO RESTITUTION STATUTES.</DELETED>
+
+<DELETED> Title 18, United States Code, is amended--</DELETED>
+<DELETED> (1) in section 1593(c)--</DELETED>
+<DELETED> (A) by inserting ``(1)'' after
+``(c)'';</DELETED>
+<DELETED> (B) by striking ``chapter, including, in''
+and inserting the following: ``chapter.</DELETED>
+<DELETED> ``(2) In''; and</DELETED>
+<DELETED> (C) in paragraph (2), as so designated, by
+inserting ``may assume the rights of the victim under
+this section'' after ``suitable by the
+court'';</DELETED>
+<DELETED> (2) in section 2248(c)--</DELETED>
+<DELETED> (A) by striking ``For purposes'' and
+inserting the following:</DELETED>
+<DELETED> ``(1) In general.--For purposes'';</DELETED>
+<DELETED> (B) by striking ``chapter, including, in''
+and inserting the following: ``chapter.</DELETED>
+<DELETED> ``(2) Assumption of crime victim's rights.--In'';
+and</DELETED>
+<DELETED> (C) in paragraph (2), as so designated, by
+inserting ``may assume the rights of the victim under
+this section'' after ``suitable by the
+court'';</DELETED>
+<DELETED> (3) in section 2259--</DELETED>
+<DELETED> (A) by striking subsection (a) and
+inserting the following:</DELETED>
+<DELETED> ``(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--
+</DELETED>
+<DELETED> ``(1) section 1466A, to the extent the conduct
+involves a visual depiction of an identifiable minor;
+or</DELETED>
+<DELETED> ``(2) this chapter.'';</DELETED>
+<DELETED> (B) in subsection (b)--</DELETED>
+<DELETED> (i) in paragraph (1), by striking
+``Directions.--Except as provided in paragraph
+(2), the'' and inserting ``Restitution for
+child pornography production.--If the defendant
+was convicted of child pornography production,
+the''; and</DELETED>
+<DELETED> (ii) in paragraph (2)(B), by
+striking ``$3,000.'' and inserting the
+following: ``--</DELETED>
+<DELETED> ``(i) $3,000; or</DELETED>
+<DELETED> ``(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</DELETED>
+<DELETED> (C) in subsection (c)--</DELETED>
+<DELETED> (i) by striking paragraph (1) and
+inserting the following:</DELETED>
+<DELETED> ``(1) Child pornography production.--For purposes
+of this section and section 2259A, the term `child pornography
+production' means--</DELETED>
+<DELETED> ``(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;</DELETED>
+<DELETED> ``(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--</DELETED>
+<DELETED> ``(i) produced by the defendant;
+or</DELETED>
+<DELETED> ``(ii) that the defendant
+attempted or conspired to produce;</DELETED>
+<DELETED> ``(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;</DELETED>
+<DELETED> ``(D) a violation of section
+2251A;</DELETED>
+<DELETED> ``(E) a violation of section 2252(a)(4) or
+2252A(a)(5), or an attempt or conspiracy to violate
+either of those sections under section 2252(b)(2) or
+2252A(b)(2), to the extent such conduct involves child
+pornography--</DELETED>
+<DELETED> ``(i) produced by the defendant;
+or</DELETED>
+<DELETED> ``(ii) that the defendant
+attempted or conspired to produce;</DELETED>
+<DELETED> ``(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;</DELETED>
+<DELETED> ``(G) a violation of section 2252A(g) if
+the series of felony violations involves not fewer than
+1 violation--</DELETED>
+<DELETED> ``(i) described in subparagraph
+(A), (B), (E), or (F) of this
+paragraph;</DELETED>
+<DELETED> ``(ii) of section 1591;
+or</DELETED>
+<DELETED> ``(iii) of section 1201, chapter
+109A, or chapter 117, if the victim is a
+minor;</DELETED>
+<DELETED> ``(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;</DELETED>
+<DELETED> ``(I) a violation of section 2260B(a)(2)
+for promoting or facilitating an offense--</DELETED>
+<DELETED> ``(i) described in subparagraph
+(A), (B), (D), or (E) of this paragraph;
+or</DELETED>
+<DELETED> ``(ii) under section 2422(b);
+and</DELETED>
+<DELETED> ``(J) a violation of chapter 109A or
+chapter 117, if the offense involves the production or
+attempted production of, or conspiracy to produce,
+child pornography.'';</DELETED>
+<DELETED> (ii) by striking paragraph (3) and
+inserting the following:</DELETED>
+<DELETED> ``(3) Trafficking in child pornography.--For
+purposes of this section and section 2259A, the term
+`trafficking in child pornography' means--</DELETED>
+<DELETED> ``(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;</DELETED>
+<DELETED> ``(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--</DELETED>
+<DELETED> ``(i) not produced by the
+defendant; or</DELETED>
+<DELETED> ``(ii) that the defendant did not
+attempt or conspire to produce;</DELETED>
+<DELETED> ``(C) a violation of subsection (d) of
+section 2251 or an attempt or conspiracy to violate
+that subsection under subsection (e) of that
+section;</DELETED>
+<DELETED> ``(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;</DELETED>
+<DELETED> ``(E) a violation of section 2252(a)(4) or
+2252A(a)(5), or an attempt or conspiracy to violate
+either of those sections under section 2252(b)(2) or
+2252A(b)(2), to the extent such conduct involves child
+pornography--</DELETED>
+<DELETED> ``(i) not produced by the
+defendant; or</DELETED>
+<DELETED> ``(ii) that the defendant did not
+attempt or conspire to produce;</DELETED>
+<DELETED> ``(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;</DELETED>
+<DELETED> ``(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;</DELETED>
+<DELETED> ``(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));</DELETED>
+<DELETED> ``(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</DELETED>
+<DELETED> ``(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</DELETED>
+<DELETED> (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'';</DELETED>
+<DELETED> (4) in section 2259A(a)--</DELETED>
+<DELETED> (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</DELETED>
+<DELETED> (B) in paragraph (2), by striking ``any
+other offense for trafficking in child pornography''
+and inserting ``any offense for trafficking in child
+pornography other than an offense described in
+subparagraph (B) or (E) of section
+2259(c)(3)'';</DELETED>
+<DELETED> (5) in section 2429--</DELETED>
+<DELETED> (A) in subsection (b)(3), by striking
+``2259(b)(3)'' and inserting ``2259(c)(2)'';
+and</DELETED>
+<DELETED> (B) in subsection (d)--</DELETED>
+<DELETED> (i) by inserting ``(1)'' after
+``(d)'';</DELETED>
+<DELETED> (ii) by striking ``chapter,
+including, in'' and inserting the following:
+``chapter.</DELETED>
+<DELETED> ``(2) In''; and</DELETED>
+<DELETED> (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</DELETED>
+<DELETED> (6) in section 3664, by adding at the end the
+following:</DELETED>
+<DELETED> ``(q) Trustee or Other Fiduciary.--</DELETED>
+<DELETED> ``(1) In general.--</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(B) Covered victims.--A victim referred
+to in subparagraph (A) is a victim who is--</DELETED>
+<DELETED> ``(i) under the age of 18 at the
+time of the proceeding;</DELETED>
+<DELETED> ``(ii) incompetent or
+incapacitated; or</DELETED>
+<DELETED> ``(iii) subject to paragraph (3),
+a foreign citizen or stateless person residing
+outside the United States.</DELETED>
+<DELETED> ``(2) Order.--When the court appoints a trustee or
+other fiduciary under paragraph (1), the court shall issue an
+order specifying--</DELETED>
+<DELETED> ``(A) the duties of the trustee or other
+fiduciary, which shall require--</DELETED>
+<DELETED> ``(i) the administration of the
+trust or maintaining an official account in the
+best interests of the victim; and</DELETED>
+<DELETED> ``(ii) disbursing payments from
+the trust or account--</DELETED>
+<DELETED> ``(I) to the victim;
+or</DELETED>
+<DELETED> ``(II) to any individual
+or entity on behalf of the
+victim;</DELETED>
+<DELETED> ``(B) that the trustee or other
+fiduciary--</DELETED>
+<DELETED> ``(i) shall avoid any conflict of
+interest;</DELETED>
+<DELETED> ``(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</DELETED>
+<DELETED> ``(iii) may not delegate
+administration of the trust or maintaining the
+official account to any other person;</DELETED>
+<DELETED> ``(C) if and when the trust or the duties
+of the other fiduciary will expire; and</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(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--</DELETED>
+<DELETED> ``(A) protect the safety or security of
+the victim; or</DELETED>
+<DELETED> ``(B) provide a reliable means for the
+victim to access or benefit from the restitution
+payments.</DELETED>
+<DELETED> ``(4) Payment of fees.--</DELETED>
+<DELETED> ``(A) In general.--The court may, with
+respect to the fees of the trustee or other fiduciary--
+</DELETED>
+<DELETED> ``(i) pay the fees in whole or in
+part; or</DELETED>
+<DELETED> ``(ii) order the defendant to pay
+the fees in whole or in part.</DELETED>
+<DELETED> ``(B) Applicability of other provisions.--
+With respect to a court order under subparagraph
+(A)(ii) requiring a defendant to pay fees--</DELETED>
+<DELETED> ``(i) subsection (f)(3) shall
+apply to the court order in the same manner as
+that subsection applies to a restitution
+order;</DELETED>
+<DELETED> ``(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</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(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).</DELETED>
+<DELETED> ``(5) Authorization of appropriations.--</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(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.''.</DELETED>
+
+<DELETED>SEC. 4. CYBERTIPLINE IMPROVEMENTS, AND ACCOUNTABILITY AND
+TRANSPARENCY BY THE TECH INDUSTRY.</DELETED>
+
+<DELETED> (a) In General.--Chapter 110 of title 18, United States
+Code, is amended--</DELETED>
+<DELETED> (1) in section 2258A--</DELETED>
+<DELETED> (A) by striking subsections (a), (b), and
+(c) and inserting the following:</DELETED>
+<DELETED> ``(a) Duty To Report.--</DELETED>
+<DELETED> ``(1) Duty.--In order to reduce the proliferation
+of online child sexual exploitation and to prevent the online
+sexual exploitation of children, as soon as reasonably possible
+after obtaining actual knowledge of any facts or circumstances
+described in paragraph (2) or any apparent child pornography on
+the provider's service, and in any event not later than 60 days
+after obtaining such knowledge, a provider shall submit to the
+CyberTipline of NCMEC, or any successor to the CyberTipline
+operated by NCMEC, a report that--</DELETED>
+<DELETED> ``(A) shall contain--</DELETED>
+<DELETED> ``(i) the mailing address,
+telephone number, facsimile number, electronic
+mailing address of, and individual point of
+contact for, such provider; and</DELETED>
+<DELETED> ``(ii) information or material
+described in subsection (b)(1)(A) concerning
+such facts or circumstances or apparent child
+pornography; and</DELETED>
+<DELETED> ``(B) may contain information described in
+subsection (b)(2), including any available information
+to identify or locate any involved minor.</DELETED>
+<DELETED> ``(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).</DELETED>
+<DELETED> ``(3) Complainant information.--For a report
+premised on a complaint or notification submitted to a provider
+by a user of the provider's product or service, or a parent,
+guardian, or representative of such user, the provider shall
+take reasonable measures to determine what information or
+material in the user's account shall be included in the report
+as provided in subsection (b)(1)(A)(vi).</DELETED>
+<DELETED> ``(b) Contents of Report.--</DELETED>
+<DELETED> ``(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)--</DELETED>
+<DELETED> ``(A) shall include, to the extent that it
+is applicable and reasonably available--</DELETED>
+<DELETED> ``(i) the name, address,
+electronic mail address, user or account
+identification, Internet Protocol address, port
+number, and uniform resource locator of any
+individual who is a subject of the
+report;</DELETED>
+<DELETED> ``(ii) the terms of service in
+effect at the time of--</DELETED>
+<DELETED> ``(I) the apparent
+violation; or</DELETED>
+<DELETED> ``(II) the detection of
+apparent child pornography or a planned
+or imminent violation;</DELETED>
+<DELETED> ``(iii) a copy of any apparent
+child pornography that is the subject of the
+report, or all accessible chats, messages, or
+text exchanges that are related to the report,
+that were identified in a publicly available
+location;</DELETED>
+<DELETED> ``(iv) for each item of apparent
+child pornography included in the report under
+clause (iii) or paragraph (2)(E), information
+indicating whether--</DELETED>
+<DELETED> ``(I) the apparent child
+pornography was publicly available;
+or</DELETED>
+<DELETED> ``(II) the provider, in
+its sole discretion, viewed the
+apparent child pornography, or any copy
+thereof, at any point concurrent with
+or prior to the submission of the
+report;</DELETED>
+<DELETED> ``(v) for each item of apparent
+child pornography that is the subject of the
+report, an indication as to whether the
+apparent child pornography--</DELETED>
+<DELETED> ``(I) is created in whole
+or in part through the use of software,
+machine learning, artificial
+intelligence, or any other computer-
+generated or technological means,
+including by adapting, modifying,
+manipulating, or altering an authentic
+visual depiction;</DELETED>
+<DELETED> ``(II) has previously been
+the subject of a report under
+subsection (a)(1); or</DELETED>
+<DELETED> ``(III) is the subject of
+multiple contemporaneous reports due to
+rapid and widespread distribution;
+and</DELETED>
+<DELETED> ``(vi) any and all information or
+material (including apparent child pornography,
+chats, messages, or text exchanges) relating to
+the subject of the report in the account of a
+user of the provider's product or service, if
+the user, or the parent, guardian, or
+representative of such user--</DELETED>
+<DELETED> ``(I) provided the
+information or material in a
+notification or complaint to the
+provider;</DELETED>
+<DELETED> ``(II) indicates that such
+information or material should be
+included in the report; or</DELETED>
+<DELETED> ``(III) consents to the
+inclusion of such information or
+material in the report; and</DELETED>
+<DELETED> ``(B) may, at the sole discretion of the
+provider, include the information described in
+paragraph (2) of this subsection.</DELETED>
+<DELETED> ``(2) Other information.--The information referred
+to in paragraph (1)(B) is the following:</DELETED>
+<DELETED> ``(A) Information about any involved
+individual.--Any information relating to the identity
+or location of any individual who is a subject of the
+report, including payment or financial information
+(excluding personally identifiable information) and
+self-reported identifying or locating
+information.</DELETED>
+<DELETED> ``(B) Information about any involved
+minor.--Information relating to the identity or
+location of any involved minor, which may include an
+address, electronic mail address, Internet Protocol
+address, port number, uniform resource locator, payment
+or financial information (excluding personally
+identifiable information), or any other information
+that may identify or locate any involved minor,
+including self-reported identifying or locating
+information.</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(D) Geographic location information.--
+Information relating to the geographic location of the
+involved individual or website, which may include the
+Internet Protocol address, port number, or verified
+address, or, if not reasonably available, at least one
+form of geographic identifying information, including
+area code or ZIP Code, provided by the customer or
+subscriber, or stored or obtained by the
+provider.</DELETED>
+<DELETED> ``(E) Apparent child pornography.--Any
+apparent child pornography not described in paragraph
+(1)(A)(iii), or other content related to the subject of
+the report.</DELETED>
+<DELETED> ``(F) Complete communication.--The
+complete communication containing any apparent child
+pornography or other content, including--</DELETED>
+<DELETED> ``(i) any data or information
+regarding the transmission of the
+communication; and</DELETED>
+<DELETED> ``(ii) any visual depictions,
+data, or other digital files contained in, or
+attached to, the communication.</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(H) Description.--For any item of
+apparent child pornography that is the subject of the
+report, an indication of whether--</DELETED>
+<DELETED> ``(i) the depicted sexually
+explicit conduct involves--</DELETED>
+<DELETED> ``(I) genital, oral, or
+anal sexual intercourse;</DELETED>
+<DELETED> ``(II)
+bestiality;</DELETED>
+<DELETED> ``(III)
+masturbation;</DELETED>
+<DELETED> ``(IV) sadistic or
+masochistic abuse; or</DELETED>
+<DELETED> ``(V) lascivious
+exhibition of the anus, genitals, or
+pubic area of any person; and</DELETED>
+<DELETED> ``(ii) the depicted minor is--
+</DELETED>
+<DELETED> ``(I) an infant or
+toddler;</DELETED>
+<DELETED> ``(II)
+prepubescent;</DELETED>
+<DELETED> ``(III)
+pubescent;</DELETED>
+<DELETED> ``(IV) post-pubescent;
+or</DELETED>
+<DELETED> ``(V) of an indeterminate
+age or developmental stage.</DELETED>
+<DELETED> ``(I) Chats, messages, or text
+exchanges.--Chats, messages, or text exchanges that
+fully provide the context for the report.</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(c) Forwarding of Report and Other Information to Law
+Enforcement.--</DELETED>
+<DELETED> ``(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:</DELETED>
+<DELETED> ``(A) Any Federal law enforcement agency
+that is involved in the investigation of child sexual
+exploitation, kidnapping, or enticement
+crimes.</DELETED>
+<DELETED> ``(B) Any State or local law enforcement
+agency that is involved in the investigation of child
+sexual exploitation.</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(2) Technical identifiers.--If a report
+submitted under subsection (a)(1) contains an industry-standard
+hash value or other similar industry-standard technical
+identifier--</DELETED>
+<DELETED> ``(A) NCMEC may compare that hash value or
+identifier with any database or repository of visual
+depictions owned or operated by NCMEC; and</DELETED>
+<DELETED> ``(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).'';</DELETED>
+<DELETED> (B) in subsection (d)--</DELETED>
+<DELETED> (i) in paragraph (2), by striking
+``subsection (c)(1)'' and inserting
+``subsection (c)(1)(A)'';</DELETED>
+<DELETED> (ii) in paragraph (3)--</DELETED>
+<DELETED> (I) in subparagraph (A),
+by striking ``subsection (c)(3)'' and
+inserting ``subsection (c)(1)(C)'';
+and</DELETED>
+<DELETED> (II) in subparagraph (C),
+by striking ``subsection (c)(3)'' and
+inserting ``subsection (c)(1)(C)'';
+and</DELETED>
+<DELETED> (iii) in paragraph (5)(B)--
+</DELETED>
+<DELETED> (I) in clause (i), by
+striking ``forwarded'' and inserting
+``made available''; and</DELETED>
+<DELETED> (II) in clause (ii), by
+striking ``forwarded'' and inserting
+``made available'';</DELETED>
+<DELETED> (C) by striking subsection (e) and
+inserting the following:</DELETED>
+<DELETED> ``(e) Failure To Comply With Requirements.--</DELETED>
+<DELETED> ``(1) Criminal penalty.--</DELETED>
+<DELETED> ``(A) Offense.--It shall be unlawful for a
+provider to knowingly--</DELETED>
+<DELETED> ``(i) fail to submit a report
+under subsection (a)(1) within the time period
+required by that subsection; or</DELETED>
+<DELETED> ``(ii) fail to preserve material
+as required under subsection (h).</DELETED>
+<DELETED> ``(B) Penalty.--</DELETED>
+<DELETED> ``(i) In general.--A provider that
+violates subparagraph (A) shall be fined--
+</DELETED>
+<DELETED> ``(I) in the case of an
+initial violation, not more than--
+</DELETED>
+<DELETED> ``(aa) $850,000 if
+the provider has not fewer than
+100,000,000 monthly active
+users; or</DELETED>
+<DELETED> ``(bb) $600,000 if
+the provider has fewer than
+100,000,000 monthly active
+users; and</DELETED>
+<DELETED> ``(II) in the case of any
+second or subsequent violation, not
+more than--</DELETED>
+<DELETED> ``(aa) $1,000,000
+if the provider has not fewer
+than 100,000,000 monthly active
+users; or</DELETED>
+<DELETED> ``(bb) $850,000 if
+the provider has fewer than
+100,000,000 monthly active
+users.</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(2) Civil penalty.--</DELETED>
+<DELETED> ``(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--
+</DELETED>
+<DELETED> ``(i) fails to submit a report
+under subsection (a)(1) within the time period
+required by that subsection;</DELETED>
+<DELETED> ``(ii) fails to preserve material
+as required under subsection (h); or</DELETED>
+<DELETED> ``(iii) submits a report under
+subsection (a)(1) that--</DELETED>
+<DELETED> ``(I) contains materially
+false or fraudulent information;
+or</DELETED>
+<DELETED> ``(II) omits information
+described in subsection (b)(1)(A) that
+is reasonably available.</DELETED>
+<DELETED> ``(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--</DELETED>
+<DELETED> ``(i) fails to submit an annual
+report as required under subsection (i);
+or</DELETED>
+<DELETED> ``(ii) submits an annual report
+under subsection (i) that--</DELETED>
+<DELETED> ``(I) contains a
+materially false, fraudulent, or
+misleading statement; or</DELETED>
+<DELETED> ``(II) omits information
+described in subsection (i)(1) that is
+reasonably available.</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(3) Deposit of fines and penalties.--
+Notwithstanding any other provision of law, any criminal fine
+or civil penalty collected under this subsection shall be
+deposited into the Child Pornography Victims Reserve as
+provided in section 2259B.'';</DELETED>
+<DELETED> (D) in subsection (f), by striking
+paragraph (3) and inserting the following:</DELETED>
+<DELETED> ``(3) affirmatively search, screen, or scan for--
+</DELETED>
+<DELETED> ``(A) facts or circumstances described in
+subsection (a)(2);</DELETED>
+<DELETED> ``(B) information described in subsection
+(b)(2); or</DELETED>
+<DELETED> ``(C) any apparent child
+pornography.'';</DELETED>
+<DELETED> (E) in subsection (g)--</DELETED>
+<DELETED> (i) in paragraph (2)(A)--
+</DELETED>
+<DELETED> (I) in clause (iii), by
+inserting ``or personnel at a
+children's advocacy center'' after
+``State)''; and</DELETED>
+<DELETED> (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</DELETED>
+<DELETED> (ii) in paragraph (3), in the
+matter preceding subparagraph (A), by striking
+``subsection (a)'' and inserting ``subsection
+(a)(1)'';</DELETED>
+<DELETED> (F) in subsection (h), by striking
+paragraph (5) and inserting the following:</DELETED>
+<DELETED> ``(5) Relation to reporting requirement.--
+Submission of a report as described in subsection (a)(1) does
+not satisfy the obligations under this subsection.'';
+and</DELETED>
+<DELETED> (G) by adding at the end the
+following:</DELETED>
+<DELETED> ``(i) Annual Report.--</DELETED>
+<DELETED> ``(1) In general.--Not later than March 31 of the
+second year beginning after the date of enactment of the STOP
+CSAM Act of 2025, and of each year thereafter, a provider that
+had more than 1,000,000 unique monthly visitors or users during
+each month of the preceding year and accrued revenue of more
+than $50,000,000 during the preceding year shall submit to the
+Attorney General and the Chair of the Federal Trade Commission
+a report, disaggregated by subsidiary, that provides the
+following information for the preceding year to the extent such
+information is applicable and reasonably available:</DELETED>
+<DELETED> ``(A) Cybertipline data.--</DELETED>
+<DELETED> ``(i) The total number of reports
+that the provider submitted under subsection
+(a)(1).</DELETED>
+<DELETED> ``(ii) Which items of information
+described in subsection (b)(2) are routinely
+included in the reports submitted by the
+provider under subsection (a)(1).</DELETED>
+<DELETED> ``(B) Other reporting to the provider.--
+</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(ii) The average time for
+responding to reports described in clause
+(i).</DELETED>
+<DELETED> ``(iii) The number of reports
+described in clause (i) that the provider
+received.</DELETED>
+<DELETED> ``(iv) A summary description of
+the actions taken upon receipt of the reports
+described in clause (i).</DELETED>
+<DELETED> ``(C) Policies.--</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(ii) A description of possible
+user consequences for violations of the
+policies described in clause (i).</DELETED>
+<DELETED> ``(iii) The methods of informing
+users of the policies described in clause
+(i).</DELETED>
+<DELETED> ``(iv) The process for
+adjudicating potential violations of the
+policies described in clause (i).</DELETED>
+<DELETED> ``(D) Culture of safety.--</DELETED>
+<DELETED> ``(i) The measures, tools, and
+technologies that the provider deploys to--
+</DELETED>
+<DELETED> ``(I) protect children
+from sexual exploitation and abuse
+using the provider's product or
+service;</DELETED>
+<DELETED> ``(II) prevent or
+interdict activity by children related
+to sexual exploitation and abuse,
+including the posting or sharing of
+intimate visual depictions;
+and</DELETED>
+<DELETED> ``(III) accurately
+identify adult and minor
+users.</DELETED>
+<DELETED> ``(ii) The measures, tools, and
+technologies that the provider deploys to
+empower parents and guardians to protect their
+children from sexual exploitation and abuse
+using the provider's product or
+service.</DELETED>
+<DELETED> ``(iii) The measures, tools, and
+technologies that the provider deploys to
+prevent the use of the provider's product or
+service by individuals seeking to commit child
+sexual exploitation and abuse.</DELETED>
+<DELETED> ``(iv) With respect to the
+measures, tools, and technologies described in
+clauses (i), (ii), and (iii)--</DELETED>
+<DELETED> ``(I) an assessment of
+their efficacy, including any relevant
+quantitative information indicating
+when and how often they are used;
+and</DELETED>
+<DELETED> ``(II) information on any
+factors that limit their efficacy or
+create gaps in their protection and
+efforts by the provider to address
+those loopholes or gaps.</DELETED>
+<DELETED> ``(v) A description of factors
+that interfere with the provider's ability to
+detect or evaluate instances of child sexual
+exploitation and abuse and an analysis of the
+impact of those factors.</DELETED>
+<DELETED> ``(vi) Information shared by the
+provider with users about the risks to children
+on the provider's product or service concerning
+sexual exploitation and abuse and an assessment
+of the impact of the information on users,
+including any relevant quantitative information
+indicating how often the information is
+reviewed.</DELETED>
+<DELETED> ``(E) Safety by design.--The measures that
+the provider takes before launching a new product or
+service--</DELETED>
+<DELETED> ``(i) to assess--</DELETED>
+<DELETED> ``(I) the safety risks for
+children with respect to sexual
+exploitation and abuse; and</DELETED>
+<DELETED> ``(II) whether and how
+individuals could use the new product
+or service to commit child sexual
+exploitation and abuse; and</DELETED>
+<DELETED> ``(ii) to determine--</DELETED>
+<DELETED> ``(I) the appropriate age
+for users of the new product or
+service; and</DELETED>
+<DELETED> ``(II) whether the new
+product or service will be adopted to
+commit child sexual exploitation and
+abuse.</DELETED>
+<DELETED> ``(F) Prevalence, trends, and patterns.--
+Any information concerning--</DELETED>
+<DELETED> ``(i) the prevalence of child
+sexual exploitation and abuse on the provider's
+product or service, including the volume of
+child pornography that is available and that is
+being accessed, distributed, or received;
+and</DELETED>
+<DELETED> ``(ii) emerging trends, risks, and
+changing patterns with respect to the
+commission of online child sexual exploitation
+and abuse.</DELETED>
+<DELETED> ``(G) Other information.--Any other
+information relevant to child sexual exploitation and
+abuse on the provider's product or service.</DELETED>
+<DELETED> ``(2) Avoiding duplication.--Notwithstanding the
+requirement under the matter preceding paragraph (1) that
+information be submitted annually, in the case of any report
+submitted under that paragraph after the initial report, a
+provider shall submit information described in subparagraphs
+(C) through (F) of that paragraph not less frequently than once
+every 3 years or when new information is available, whichever
+is more frequent.</DELETED>
+<DELETED> ``(3) Limitation.--Nothing in paragraph (1) shall
+require the disclosure of trade secrets or other proprietary
+information.</DELETED>
+<DELETED> ``(4) Publication.--</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(B) Redaction.--</DELETED>
+<DELETED> ``(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--</DELETED>
+<DELETED> ``(I) undermining the
+efficacy of a safety measure described
+in the report; or</DELETED>
+<DELETED> ``(II) revealing how a
+product or service of a provider may be
+used to commit online child sexual
+exploitation and abuse.</DELETED>
+<DELETED> ``(ii) Additional redaction.--
+</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(II) Agency
+discretion.--The Attorney General and
+Chair of the Federal Trade Commission--
+</DELETED>
+<DELETED> ``(aa) shall
+consider a request made under
+subclause (I); and</DELETED>
+<DELETED> ``(bb) may, in
+their discretion, redact from a
+report published under
+subparagraph (A) any
+information pursuant to the
+request.'';</DELETED>
+<DELETED> (2) in section 2258B--</DELETED>
+<DELETED> (A) by striking subsection (a) and
+inserting the following:</DELETED>
+<DELETED> ``(a) In General.--</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(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--</DELETED>
+<DELETED> ``(A) the performance of the reporting or
+preservation responsibilities of such provider or
+domain name registrar under this section, section
+2258A, or section 2258C;</DELETED>
+<DELETED> ``(B) transmitting, distributing, or
+mailing child pornography to any Federal, State, or
+local law enforcement agency, or giving such agency
+access to child pornography, in response to a search
+warrant, court order, or other legal process issued or
+obtained by such agency; or</DELETED>
+<DELETED> ``(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--</DELETED>
+<DELETED> ``(i) improving or facilitating
+reporting under this section, section 2258A, or
+section 2258C; or</DELETED>
+<DELETED> ``(ii) stopping the online sexual
+exploitation of children.''; and</DELETED>
+<DELETED> (B) in subsection (b)--</DELETED>
+<DELETED> (i) in paragraph (1), by striking
+``; or'' and inserting ``or knowingly failed to
+comply with a requirement under section
+2258A;'';</DELETED>
+<DELETED> (ii) in paragraph (2)(C)--
+</DELETED>
+<DELETED> (I) by striking
+``sections'' and inserting ``this
+section or section''; and</DELETED>
+<DELETED> (II) by striking the
+period and inserting ``; or'';
+and</DELETED>
+<DELETED> (iii) by adding at the end the
+following:</DELETED>
+<DELETED> ``(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--</DELETED>
+<DELETED> ``(A) any other entity;</DELETED>
+<DELETED> ``(B) any person not employed by the
+provider or domain name registrar; or</DELETED>
+<DELETED> ``(C) any person employed by the provider
+or domain name registrar who is not conducting any
+research described in that subsection.'';</DELETED>
+<DELETED> (3) in section 2258C--</DELETED>
+<DELETED> (A) in the section heading, by striking
+``the CyberTipline'' and inserting ``NCMEC'';</DELETED>
+<DELETED> (B) in subsection (a)--</DELETED>
+<DELETED> (i) in the subsection heading, by
+striking ``Elements'' and inserting
+``Information Sharing With Providers and
+Entities for the Purposes of Preventing and
+Curtailing the Online Sexual Exploitation of
+Children'';</DELETED>
+<DELETED> (ii) in paragraph (1)--</DELETED>
+<DELETED> (I) by striking ``to a
+provider'' and inserting the following:
+``or submission to the Child Victim
+Identification Program to--</DELETED>
+<DELETED> ``(A) a provider'';</DELETED>
+<DELETED> (II) in subparagraph (A),
+as so designated--</DELETED>
+<DELETED> (aa) by inserting
+``use of the provider's
+products or services to
+commit'' after ``stop the'';
+and</DELETED>
+<DELETED> (bb) by striking
+the period at the end and
+inserting ``; or'';
+and</DELETED>
+<DELETED> (III) by adding at the end
+the following:</DELETED>
+<DELETED> ``(B) an entity for the sole and exclusive
+purpose of preventing and curtailing the online sexual
+exploitation of children.''; and</DELETED>
+<DELETED> (iii) in paragraph (2)--</DELETED>
+<DELETED> (I) in the heading, by
+striking ``Inclusions'' and inserting
+``Elements'';</DELETED>
+<DELETED> (II) by striking ``unique
+identifiers'' and inserting ``similar
+technical identifiers'';</DELETED>
+<DELETED> (III) by inserting ``or
+content, elements, or reported
+materials,'' after`` visual
+depiction,'';</DELETED>
+<DELETED> (IV) by inserting a comma
+after ``location'';</DELETED>
+<DELETED> (V) by striking ``and any
+other elements''; and</DELETED>
+<DELETED> (VI) by inserting ``or
+submission to the Child Victim
+Identification Program'' after
+``CyberTipline report'';</DELETED>
+<DELETED> (C) in subsection (b)--</DELETED>
+<DELETED> (i) in the heading, by inserting
+``or Entities'' after ``Providers'';</DELETED>
+<DELETED> (ii) by striking ``Any provider''
+and inserting the following:</DELETED>
+<DELETED> ``(1) In general.--Any provider or
+entity'';</DELETED>
+<DELETED> (iii) in paragraph (1), as so
+designated--</DELETED>
+<DELETED> (I) by striking
+``receives'' and inserting ``obtains'';
+and</DELETED>
+<DELETED> (II) by inserting ``or
+submission to the Child Victim
+Identification Program'' after
+``CyberTipline report''; and</DELETED>
+<DELETED> (iv) by adding at the end the
+following:</DELETED>
+<DELETED> ``(2) Limitation on sharing with other entities.--
+A provider or entity that obtains elements under subsection
+(a)(1) may not distribute those elements, or make those
+elements available, to any other entity, except for the sole
+and exclusive purpose of curtailing, preventing, or stopping
+the online sexual exploitation of children.'';</DELETED>
+<DELETED> (D) in subsection (c)--</DELETED>
+<DELETED> (i) by striking ``subsections''
+and inserting ``subsection'';</DELETED>
+<DELETED> (ii) by striking ``providers
+receiving'' and inserting ``a provider or
+entity to obtain'';</DELETED>
+<DELETED> (iii) by inserting ``or submission
+to the Child Victim Identification Program''
+after ``CyberTipline report''; and</DELETED>
+<DELETED> (iv) by striking ``to use the
+elements to stop the online sexual exploitation
+of children''; and</DELETED>
+<DELETED> (E) in subsection (d), by inserting ``or
+to the Child Victim Identification Program'' after
+``CyberTipline'';</DELETED>
+<DELETED> (4) in section 2258E--</DELETED>
+<DELETED> (A) in paragraph (6), by striking
+``electronic communication service provider'' and
+inserting ``electronic communication
+service'';</DELETED>
+<DELETED> (B) in paragraph (7), by striking ``and''
+at the end;</DELETED>
+<DELETED> (C) in paragraph (8), by striking the
+period at the end and inserting a semicolon;
+and</DELETED>
+<DELETED> (D) by adding at the end the
+following:</DELETED>
+<DELETED> ``(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</DELETED>
+<DELETED> ``(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)).'';</DELETED>
+<DELETED> (5) in section 2259B(a), by inserting ``, any fine
+or penalty collected under section 2258A(e),'' after ``2259A'';
+and</DELETED>
+<DELETED> (6) by adding at the end the following:</DELETED>
+<DELETED>``Sec. 2260B. Liability for certain child sexual exploitation
+offenses</DELETED>
+<DELETED> ``(a) Offense.--It shall be unlawful for a provider of an
+interactive computer service, as that term is defined in section 230 of
+the Communications Act of 1934 (47 U.S.C. 230), that operates through
+the use of any facility or means of interstate or foreign commerce or
+in or affecting interstate or foreign commerce, through such service
+to--</DELETED>
+<DELETED> ``(1) intentionally host or store child
+pornography or make child pornography available to any person;
+or</DELETED>
+<DELETED> ``(2) knowingly promote or facilitate a violation
+of section 2251, 2251A, 2252, 2252A, or 2422(b).</DELETED>
+<DELETED> ``(b) Penalty.--A provider of an interactive computer
+service that violates subsection (a)--</DELETED>
+<DELETED> ``(1) subject to paragraph (2), shall be fined not
+more than $1,000,000; and</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(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.''.</DELETED>
+<DELETED> (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:</DELETED>
+
+<DELETED>``2260B. Liability for certain child sexual exploitation
+offenses.''.
+<DELETED> (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.</DELETED>
+
+<DELETED>SEC. 5. EXPANDING CIVIL REMEDIES FOR VICTIMS OF ONLINE CHILD
+SEXUAL EXPLOITATION.</DELETED>
+
+<DELETED> (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.</DELETED>
+<DELETED> (b) Civil Remedy for Personal Injuries.--Section 2255(a)
+of title 18, United States Code, is amended--</DELETED>
+<DELETED> (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.--
+</DELETED>
+<DELETED> ``(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</DELETED>
+<DELETED> (2) by adding at the end the following:</DELETED>
+<DELETED> ``(2) Eligible persons.--Paragraph (1) shall apply
+to any person--</DELETED>
+<DELETED> ``(A) who, while a minor, was a victim
+of--</DELETED>
+<DELETED> ``(i) a violation of section 1589,
+1590, 1591, 2241, 2242, 2243, 2251, 2251A,
+2260(a), 2421, 2422, or 2423;</DELETED>
+<DELETED> ``(ii) an attempt to violate
+section 1589, 1590, or 1591 under section
+1594(a);</DELETED>
+<DELETED> ``(iii) a conspiracy to violate
+section 1589 or 1590 under section 1594(b);
+or</DELETED>
+<DELETED> ``(iv) a conspiracy to violate
+section 1591 under section 1594(c);</DELETED>
+<DELETED> ``(B) who--</DELETED>
+<DELETED> ``(i) is depicted as a minor in
+child pornography; and</DELETED>
+<DELETED> ``(ii) is a victim of a violation
+of 2252, 2252A, or 2260(b) (regardless of when
+the violation occurs); or</DELETED>
+<DELETED> ``(C) who--</DELETED>
+<DELETED> ``(i) is depicted as an
+identifiable minor in a visual depiction
+described in section 1466A; and</DELETED>
+<DELETED> ``(ii) is a victim of a violation
+of that section (regardless of when the
+violation occurs).''.</DELETED>
+<DELETED> (c) Civil Remedy Against Online Platforms and App
+Stores.--</DELETED>
+<DELETED> (1) In general.--Chapter 110 of title 18, United
+States Code, is amended by inserting after section 2255 the
+following:</DELETED>
+<DELETED>``Sec. 2255A. Additional remedy for certain victims of child
+pornography or child sexual exploitation</DELETED>
+<DELETED> ``(a) In General.--</DELETED>
+<DELETED> ``(1) Promotion or aiding and abetting of certain
+violations.--Any person who is a victim of the intentional,
+knowing, or reckless promotion, or aiding and abetting, of a
+violation of section 1591 or 1594(c) (involving a minor), or
+section 2251, 2251A, 2252, 2252A, or 2422(b), where such
+promotion, or aiding and abetting, is by a provider of an
+interactive computer service or an app store, and who suffers
+personal injury as a result of such promotion or aiding and
+abetting, regardless of when the injury occurred, may bring a
+civil action in any appropriate United States District Court
+for relief set forth in subsection (b).</DELETED>
+<DELETED> ``(2) Activities involving child pornography.--Any
+person who is a victim of the intentional, knowing, or reckless
+hosting or storing of child pornography or making child
+pornography available to any person by a provider of an
+interactive computer service, and who suffers personal injury
+as a result of such hosting, storing, or making available,
+regardless of when the injury occurred, may bring a civil
+action in any appropriate United States District Court for
+relief set forth in subsection (b).</DELETED>
+<DELETED> ``(b) Relief.--In a civil action brought by a person under
+subsection (a)--</DELETED>
+<DELETED> ``(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</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(c) Statute of Limitations.--There shall be no time
+limit for the filing of a complaint commencing an action under
+subsection (a).</DELETED>
+<DELETED> ``(d) Venue; Service of Process.--</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(2) Service of process.--In an action brought
+under subsection (a), process may be served in any district in
+which the defendant--</DELETED>
+<DELETED> ``(A) is an inhabitant; or</DELETED>
+<DELETED> ``(B) may be found.</DELETED>
+<DELETED> ``(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).</DELETED>
+<DELETED> ``(f) Rules of Construction.--</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(2) Application of section 2258b.--A civil
+action brought under subsection (a) shall be subject to section
+2258B.</DELETED>
+<DELETED> ``(g) Encryption Technologies.--</DELETED>
+<DELETED> ``(1) In general.--None of the following actions
+or circumstances shall serve as an independent basis for
+liability under subsection (a):</DELETED>
+<DELETED> ``(A) Utilizing full end-to-end encrypted
+messaging services, device encryption, or other
+encryption services.</DELETED>
+<DELETED> ``(B) Not possessing the information
+necessary to decrypt a communication.</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(2) Consideration of evidence.--Evidence of
+actions or circumstances described in paragraph (1) shall be
+admissible in a civil action brought under subsection (a) if--
+</DELETED>
+<DELETED> ``(A) the actions or circumstances are
+relevant under rules 401 and 402 of the Federal Rules
+of Evidence to--</DELETED>
+<DELETED> ``(i) prove motive, intent,
+preparation, plan, absence of mistake, or lack
+of accident; or</DELETED>
+<DELETED> ``(ii) rebut any evidence or
+factual or legal claim; and</DELETED>
+<DELETED> ``(B) the actions or circumstances--
+</DELETED>
+<DELETED> ``(i) are otherwise admissible
+under the Federal Rules of Evidence;
+and</DELETED>
+<DELETED> ``(ii) are not subject to
+exclusion under rule 403 or any other rule of
+the Federal Rules of Evidence.</DELETED>
+<DELETED> ``(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).</DELETED>
+<DELETED> ``(h) Defense.--In a civil action under subsection (a)(2)
+involving knowing or reckless conduct, it shall be a defense at trial,
+which the provider of an interactive computer service must establish by
+a preponderance of the evidence as determined by the finder of fact,
+that--</DELETED>
+<DELETED> ``(1) the provider disabled access to or removed
+the child pornography within a reasonable timeframe, and in any
+event not later than 48 hours after obtaining knowledge that
+the child pornography was being hosted, stored, or made
+available by the provider (or, in the case of a provider that,
+for the most recent calendar year, averaged fewer than
+10,000,000 active users on a monthly basis in the United
+States, within a reasonable timeframe, and in any event not
+later than 2 business days after obtaining such
+knowledge);</DELETED>
+<DELETED> ``(2) the provider exercised a reasonable, good
+faith effort to disable access to or remove the child
+pornography but was unable to do so for reasons outside the
+provider's control; or</DELETED>
+<DELETED> ``(3) it is technologically impossible for the
+provider to disable access to or remove the child pornography
+without compromising encryption technologies.</DELETED>
+<DELETED> ``(i) Sanctions for Repeated Bad Faith Civil Actions or
+Defenses.--</DELETED>
+<DELETED> ``(1) Definitions.--In this subsection:</DELETED>
+<DELETED> ``(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--</DELETED>
+<DELETED> ``(i) the alleged conduct did not
+involve any minor; or</DELETED>
+<DELETED> ``(ii) the alleged child
+pornography did not depict--</DELETED>
+<DELETED> ``(I) any minor;
+or</DELETED>
+<DELETED> ``(II) sexually explicit
+conduct, sexual suggestiveness, full or
+partial nudity, or implied sexual
+activity.</DELETED>
+<DELETED> ``(B) Bad faith defense.--The term `bad
+faith defense' means a defense in a civil action
+brought under subsection (a) raised in bad faith where
+the finder of fact determines that at the time the
+defense was raised, the party, attorney, or law firm
+described in paragraph (3) had actual knowledge that
+the defense--</DELETED>
+<DELETED> ``(i) was made solely for the
+purpose of delaying the civil action or
+increasing the costs of the civil action;
+or</DELETED>
+<DELETED> ``(ii) was objectively baseless in
+light of the applicable law or facts at
+issue.</DELETED>
+<DELETED> ``(2) Bad faith civil action.--In the case of a
+civil action brought under subsection (a), the court may impose
+sanctions on--</DELETED>
+<DELETED> ``(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</DELETED>
+<DELETED> ``(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--
+</DELETED>
+<DELETED> ``(i) a party who has brought 2 or
+more bad faith civil actions (which may include
+the instant civil action); or</DELETED>
+<DELETED> ``(ii) 2 or more parties who have
+each brought a bad faith civil action (which
+may include the instant civil
+action).</DELETED>
+<DELETED> ``(3) Bad faith defense.--In the case of a civil
+action brought under subsection (a), the court may impose
+sanctions on--</DELETED>
+<DELETED> ``(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</DELETED>
+<DELETED> ``(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--
+</DELETED>
+<DELETED> ``(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</DELETED>
+<DELETED> ``(ii) 2 or more parties who have
+each raised a bad faith defense (which may
+include a defense raised in the instant civil
+action).</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(5) Rules of construction.--</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(B) Definition change.--Paragraph
+(1)(A)(ii) shall not be construed to apply to a civil
+action affected by a contemporaneous change in the law
+with respect to the definition of `child
+pornography'.</DELETED>
+<DELETED> ``(j) Definitions.--In this section:</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(2) App store.--The term `app store' means a
+publicly available website, software application, or other
+electronic service that--</DELETED>
+<DELETED> ``(A) distributes apps from third-party
+developers to users of a computer, a mobile device, or
+any other general purpose computing device;
+and</DELETED>
+<DELETED> ``(B) operates--</DELETED>
+<DELETED> ``(i) through the use of any means
+or facility of interstate or foreign commerce;
+or</DELETED>
+<DELETED> ``(ii) in or affecting interstate
+or foreign commerce.</DELETED>
+<DELETED> ``(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--</DELETED>
+<DELETED> ``(A) through the use of any means or
+facility of interstate or foreign commerce;
+or</DELETED>
+<DELETED> ``(B) in or affecting interstate or
+foreign commerce.</DELETED>
+<DELETED> ``(k) Savings Clause.--Nothing in this section, including
+the defenses under this section, shall be construed to apply to any
+civil action brought under any other Federal law, rule, or regulation,
+including any civil action brought against a provider of an interactive
+computer service or an app store under section 1595 or
+2255.''.</DELETED>
+<DELETED> (2) Clerical amendment.--The table of sections for
+chapter 110 of title 18, United States Code, is amended by
+inserting after the item relating to section 2255 the
+following:</DELETED>
+
+<DELETED>``2255A. Additional remedy for certain victims of child
+pornography or child sexual
+exploitation.''.
+
+<DELETED>SEC. 6. SEVERABILITY.</DELETED>
+
+<DELETED> If any provision of this Act, an amendment made by this
+Act, or the application of such provision or amendment to any person or
+circumstance is held to be unconstitutional, the remainder of this Act
+and the amendments made by this Act, and the application of the
+provision or amendment to any other person or circumstance, shall not
+be affected.</DELETED>
+
+<DELETED>SEC. 7. CONTINUED APPLICABILITY OF FEDERAL, STATE, AND TRIBAL
+LAW.</DELETED>
+
+<DELETED> (a) Federal Law.--Nothing in this Act or the amendments
+made by this Act, nor any rule or regulation issued pursuant to this
+Act or the amendments made by this Act, shall affect or diminish any
+right or remedy for a victim of child pornography or child sexual
+exploitation under any other Federal law, rule, or regulation,
+including any claim under section 2255 of title 18, United States Code,
+with respect to any individual or entity.</DELETED>
+<DELETED> (b) State or Tribal Law.--Nothing in this Act or the
+amendments made by this Act, nor any rule or regulation issued pursuant
+to this Act or the amendments made by this Act, shall--</DELETED>
+<DELETED> (1) preempt, diminish, or supplant any right or
+remedy for a victim of child pornography or child sexual
+exploitation under any State or Tribal common or statutory law;
+or</DELETED>
+<DELETED> (2) prohibit the enforcement of a law governing
+child pornography or child sexual exploitation that is at least
+as protective of the rights of a victim as this Act and the
+amendments made by this Act.</DELETED>
SECTION 1. SHORT TITLE.
@@ -182,9 +2095,9 @@
(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
+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
@@ -695,7 +2608,7 @@
(1) in section 2258A--
(A) by striking subsections (a), (b), and (c) and
inserting the following:
-``(a) Duty To Report.--
+``(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
@@ -931,7 +2844,7 @@
available'';
(C) by striking subsection (e) and inserting the
following:
-``(e) Failure To Comply With Requirements.--
+``(e) Failure to Comply With Requirements.--
``(1) Criminal penalty.--
``(A) Offense.--It shall be unlawful for a provider
to knowingly--
@@ -1140,6 +3053,14 @@
any relevant quantitative information
indicating how often the information is
reviewed.
+``(vii) A description of efforts undertaken
+by the provider, to the extent appropriate, to
+allow for independent verification of the
+information provided pursuant to this
+subparagraph and of the efficacy of the
+measures, tools, and technologies described in
+clauses (i), (ii), and (iii), including through
+the facilitation of independent research.
``(E) Safety by design.--The measures that the
provider takes before launching a new product or
service--
@@ -1313,7 +3234,7 @@
technical identifiers'';
(III) by inserting ``or content,
elements, or reported materials,''
-after`` visual depiction,'';
+after ``visual depiction,'';
(IV) by inserting a comma after
``location'';
(V) by striking ``and any other
@@ -1715,4 +3636,23 @@
pornography or child sexual exploitation that is at least as
protective of the rights of a victim as this Act and the
amendments made by this Act.
-<all>
+Calendar No. 106
+
+119th CONGRESS
+
+1st Session
+
+S. 1829
+
+_______________________________________________________________________
+
+A BILL
+
+To combat the sexual exploitation of children by supporting victims and
+promoting accountability and transparency by the tech industry.
+
+_______________________________________________________________________
+
+June 26 (legislative day, June 24), 2025
+
+Reported with an amendment
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Cosponsors (12)
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