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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1199 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 1199

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 19, 2023

  Mr. Durbin introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. MANDATORY REPORTING OF CHILD ABUSE.

    (a) In General.--Section 226 of the Victims of Child Abuse Act of 
1990 (34 U.S.C. 20341) is amended--
            (1) in subsection (a)(2)--
                    (A) by striking ``A covered individual'' and 
                inserting the following:
                    ``(A) In general.--A covered individual''; and
                    (B) by adding at the end the following:
                    ``(B) Geographic applicability.--Subparagraph (A) 
                shall apply with respect to an incident of child abuse 
                that--
                            ``(i) occurred within the United States; or
                            ``(ii)(I) occurred outside the United 
                        States; and
                            ``(II) was committed by a United States 
                        citizen or an alien lawfully admitted for 
                        permanent residence.'';
            (2) in subsection (b)(8), by inserting ``and computer 
        repair technicians'' after ``photo processors'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``physical or 
                mental injury'' and inserting ``physical injury, 
                psychological abuse'';
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) 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) confinement of the child without the 
                        child's consent and in degrading conditions;'';
                    (C) in paragraph (5)(D)--
                            (i) by striking ``genitals'' and inserting 
                        ``anus, genitals,''; and
                            (ii) by striking ``or animal'';
                    (D) in paragraph (6), by striking ``child 
                prostitution'' and inserting ``child sex trafficking'';
                    (E) in paragraph (8), by striking ``the term `child 
                abuse''' and inserting ``the terms `physical injury' 
                and `psychological abuse''';
                    (F) in paragraph (9)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``minor'' and 
                                inserting ``child''; and
                                    (II) by striking ``or'' at the end;
                            (ii) in subparagraph (B), by adding ``or'' 
                        at the end; and
                            (iii) by adding at the end the following:
                    ``(C) is authorized to interact with a child by a 
                covered program that is providing any care, treatment, 
                education, training, instruction, religious guidance, 
                supervision, or recreational opportunities to that 
                child;'';
                    (G) in paragraph (11), by striking ``and'' at the 
                end;
                    (H) in paragraph (12), by striking the period and 
                inserting a semicolon; and
                    (I) by adding at the end the following:
            ``(13) the term `child' means a person who is under the age 
        of 18;
            ``(14) the term `computer' has the meaning given the term 
        in section 1030 of title 18, United States Code;
            ``(15) the term `covered program' means any program that 
        receives, in any 1-year period, benefits in excess of $10,000 
        under a Federal program involving a grant (not including a 
        formula grant to a State, territory, or Tribe), contract, 
        subsidy, loan, guarantee, insurance, or other form of Federal 
        assistance to provide any care, treatment, education, training, 
        instruction, religious guidance, supervision, or recreational 
        opportunities to a child; and
            ``(16) the term `privileged communication' means any 
        communication between 2 parties that, under any applicable law 
        where the communication takes place--
                    ``(A) is recognized as privileged;
                    ``(B) is not subject to any exception; and
                    ``(C) is not subject to a reporting requirement 
                regardless of any applicable privilege.'';
            (4) in subsection (d)--
                    (A) in the first sentence, by striking ``an 
                agency'' and inserting ``one or more agencies''; and
                    (B) by striking ``and law enforcement personnel'' 
                and inserting ``, law enforcement personnel, and 
                children's advocacy center personnel in a 
                multidisciplinary team setting'';
            (5) in subsection (i)--
                    (A) in the heading, by striking ``Rule'' and 
                inserting ``Rules'';
                    (B) by striking ``Nothing'' and inserting the 
                following:
            ``(1) Applicability to victims.--Nothing''; and
                    (C) by adding at the end the following:
            ``(2) Applicability to attorneys.--Nothing in this section 
        shall be construed to require a licensed attorney to take any 
        action that would violate any applicable rule of professional 
        conduct.
            ``(3) Privileged communications.--Nothing in this section 
        shall be construed to require a covered individual described in 
        subsection (c)(9)(C) who engages in privileged communication 
        through the covered individual's work for the covered program, 
        whether or not for compensation, to report any information 
        exclusively received in the context of a privileged 
        communication.''; and
            (6) by adding at the end the following:
    ``(j) Outreach to Covered Programs.--
            ``(1) In general.--Each Federal agency that has provided 
        Federal assistance to a program that may cause the program to 
        qualify as a covered program shall make reasonable efforts to 
        promote awareness of the reporting requirements under 
        subsection (a) among such programs.
            ``(2) Rule of construction.--Paragraph (1) shall not be 
        construed to require individual notice to each program to which 
        a Federal agency has provided Federal assistance as described 
        in that paragraph.''.
    (b) Conforming Amendment to Title 18, United States Code.--Section 
2258 of title 18, United States Code, is amended to read as follows:
``Sec. 2258. Failure to report child abuse
    ``(a) Definitions.--In this section, the terms `child abuse' and 
`covered individual' have the meanings given those terms in section 226 
of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341).
    ``(b) Offenses.--
            ``(1) Covered professionals.--It shall be unlawful for a 
        person who, while engaged in a professional capacity or 
        activity described in subsection (b) of section 226 of the 
        Victims of Child Abuse Act of 1990 (34 U.S.C. 20341) on Federal 
        land or in a federally operated (or contracted) facility, 
        learns of facts that give reason to suspect that a child has 
        suffered an incident of child abuse, to knowingly fail to make 
        a timely report as required by subsection (a)(1) of that 
        section.
            ``(2) Covered individuals.--It shall be unlawful for a 
        covered individual who learns of facts that give reason to 
        suspect that a child has suffered an incident of child abuse 
        described in subsection (c) to knowingly fail to make a timely 
        report as required by subsection (a)(2) of section 226 of the 
        Victims of Child Abuse Act of 1990 (34 U.S.C. 20341).
    ``(c) Incidents of Child Abuse That Covered Individuals Must 
Report.--An incident of child abuse referred to in subsection (b)(2) is 
an incident of child abuse that--
            ``(1) occurred within the United States; or
            ``(2)(A) occurred outside the United States; and
            ``(B) was committed by a United States citizen or an alien 
        lawfully admitted for permanent residence.
    ``(d) Penalty.--A person or individual who violates subsection (b) 
shall be fined under this title or imprisoned not more than 1 year or 
both.''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by subsections (a) and (b) shall take effect on 
        the date that is 120 days after the date of enactment of this 
        Act.
            (2) Outreach.--The amendment made by subsection (a)(5) 
        shall take effect on the date of enactment of this Act.
    (d) ICAC Task Force Supplemental Grant Program.--
            (1) Definitions.--In this subsection:
                    (A) Child.--The term ``child'' means an individual 
                who has not attained 18 years of age.
                    (B) Child abuse.--The term ``child abuse''--
                            (i) has the meaning given the term under 
                        any applicable State law requiring reporting of 
                        child abuse or neglect by individuals; or
                            (ii) in the case of a State in which a law 
                        described in clause (i) that defines ``child 
                        abuse'' is not in effect, has the meaning given 
                        the term in section 226(c) of the Victims of 
                        Child Abuse Act of 1990 (34 U.S.C. 20341(c)).
                    (C) Covered entity.--The term ``covered entity'' 
                means any institution, program, or organization that 
                provides any care, treatment, education, training, 
                instruction, religious guidance, supervision, or 
                recreational opportunities to a child.
                    (D) ICAC grant program.--The term ``ICAC Grant 
                Program'' means the grant program under section 106 of 
                the PROTECT Our Children Act of 2008 (34 U.S.C. 21116).
                    (E) ICAC task force.--The term ``ICAC Task Force'' 
                means a task force that is part of the National 
                Internet Crimes Against Children Task Force Program 
                established under section 102 of the PROTECT Our 
                Children Act of 2008 (34 U.S.C. 21112).
                    (F) Eligible icac task force.--The term ``Eligible 
                ICAC Task Force'' means an ICAC Task Force that--
                            (i) was established on or before the date 
                        of enactment of this Act; and
                            (ii) is located in a State that, as of the 
                        last day of the preceding fiscal year, had in 
                        effect a law that, at a minimum--
                                    (I) with respect to a mandatory 
                                reporter who learns of facts that give 
                                reason to suspect that a child has 
                                suffered an incident of child abuse, 
                                requires the mandatory reporter to 
                                report the suspected child abuse to a 
                                law enforcement agency, a child 
                                protective services agency, or both;
                                    (II) requires the report described 
                                in subclause (I) to be made as soon as 
                                possible, and in any event not later 
                                than 48 hours after the mandatory 
                                reporter learns of the facts that give 
                                reason to suspect that a child has 
                                suffered an incident of child abuse;
                                    (III) prohibits a covered entity 
                                from--
                                            (aa) taking any action to 
                                        prevent or discourage reporting 
                                        of child abuse; or
                                            (bb) retaliating against a 
                                        mandatory reporter for making a 
                                        report described in subclause 
                                        (I); and
                                    (IV) provides a criminal, civil, or 
                                administrative penalty for the knowing 
                                failure by a mandatory reporter to 
                                submit a report in accordance with the 
                                requirement described in subclause (I).
                    (G) Mandatory reporter.--The term ``mandatory 
                reporter'' means an individual who--
                            (i) has attained the age of 18 years; and
                            (ii) is authorized to interact with a child 
                        by a covered entity that is providing any care, 
                        treatment, education, training, instruction, 
                        religious guidance, supervision, or 
                        recreational opportunities to that child.
                    (H) Privileged communication.--The term 
                ``privileged communication'' means any communication 
                between 2 parties that, under any applicable law where 
                the communication takes place--
                            (i) is recognized as privileged;
                            (ii) is not subject to any exception; and
                            (iii) is not subject to a reporting 
                        requirement regardless of any applicable 
                        privilege.
            (2) Waiver of match for eligible icac task forces.--The 
        Attorney General shall waive the matching requirement for an 
        Eligible ICAC Task Force under section 106(a)(3)(B) of the 
        PROTECT Our Children Act of 2008 (34 U.S.C. 21116(a)(3)(B)) for 
        not more than 4 fiscal years in accordance with this 
        subsection.
            (3) Establishment of icac task force supplemental grant 
        program.--
                    (A) Supplemental grant program established.--There 
                is established an ICAC Task Force Supplemental Grant 
                Program within the Department of Justice, under which 
                the Attorney General shall award grants (referred to in 
                this subsection as ``supplemental grants'') to an 
                Eligible ICAC Task Force in addition to any grants 
                distributed to the Eligible ICAC Task Force under the 
                ICAC Grant Program.
                    (B) Grant amount.--The amount of a supplemental 
                grant awarded to an Eligible ICAC Task Force shall be 
                not less than 10 percent of the average amount of the 3 
                most recent awards to the Eligible ICAC Task Force 
                under the ICAC Grant Program.
                    (C) Remaining funds.--Any amounts appropriated to 
                carry out this subsection that are not used for 
                supplemental grants shall be distributed to any 
                Eligible ICAC Task Force in accordance with section 
                106(a)(3)(A) of the PROTECT Our Children Act of 2008 
                (34 U.S.C. 21116(a)(3)(A)).
                    (D) Number of supplemental grants.--The Attorney 
                General may provide a supplemental grant to an Eligible 
                ICAC Task Force for not more than 4 fiscal years.
            (4) Application.--An Eligible ICAC Task Force seeking the 
        waiver described in paragraph (2) or a supplemental grant shall 
        submit an application to the Attorney General at such time, in 
        such manner, and containing such information as the Attorney 
        General may reasonably require, including information about the 
        law described in paragraph (1)(F)(ii).
            (5) Rule of construction.--Nothing in paragraph (1)(F)(ii) 
        shall be construed to require a State to have in effect a law 
        that requires an individual who engages in privileged 
        communication through the individual's work for a covered 
        entity, whether or not for compensation, to report any 
        information exclusively received in the context of a privileged 
        communication.
            (6) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $25,000,000 for 
        each of fiscal years 2024 through 2029.

SEC. 3. PROTECTING CHILD VICTIMS AND WITNESSES IN FEDERAL COURT.

    (a) In General.--Section 3509 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(A), by striking ``or 
                exploitation'' and inserting ``exploitation, or 
                kidnapping, including international parental 
                kidnapping'';
                    (B) in paragraph (3), by striking ``physical or 
                mental injury'' and inserting ``physical injury, 
                psychological abuse'';
                    (C) by striking paragraph (5) and inserting the 
                following:
            ``(5) the term `psychological abuse' includes--
                    ``(A) a pattern of acts, threats of acts, or 
                coercive tactics intended to degrade, humiliate, 
                intimidate, or terrorize a child; and
                    ``(B) the infliction of trauma on a child through--
                            ``(i) isolation;
                            ``(ii) the withholding of food or other 
                        necessities in order to control behavior;
                            ``(iii) physical restraint; or
                            ``(iv) the confinement of the child without 
                        the child's consent and in degrading 
                        conditions;'';
                    (D) in paragraph (6), by striking ``child 
                prostitution'' and inserting ``child sex trafficking'';
                    (E) by striking paragraph (7) and inserting the 
                following:
            ``(7) the term `multidisciplinary child abuse team' means a 
        professional unit of individuals working together to 
        investigate child abuse and provide assistance and support to a 
        victim of child abuse, composed of representatives from--
                    ``(A) health, social service, and legal service 
                agencies that represent the child;
                    ``(B) law enforcement agencies and prosecutorial 
                offices; and
                    ``(C) children's advocacy centers;'';
                    (F) in paragraph (9)(D)--
                            (i) by striking ``genitals'' and inserting 
                        ``anus, genitals,''; and
                            (ii) by striking ``or animal'';
                    (G) in paragraph (11), by striking ``and'' at the 
                end;
                    (H) in paragraph (12)--
                            (i) by striking ``the term `child abuse' 
                        does not'' and inserting ``the terms `physical 
                        injury' and `psychological abuse' do not''; and
                            (ii) by striking the period and inserting a 
                        semicolon; and
                    (I) by adding at the end the following:
            ``(13) the term `covered person' means a person of any age 
        who--
                    ``(A) is or is alleged to be--
                            ``(i) a victim of a crime of physical 
                        abuse, sexual abuse, exploitation, or 
                        kidnapping, including international parental 
                        kidnapping; or
                            ``(ii) a witness to a crime committed 
                        against another person; and
                    ``(B) was under the age of 18 when the crime 
                described in subparagraph (A) was committed; and
            ``(14) the term `protected information', with respect to a 
        covered person, includes--
                    ``(A) personally identifiable information of the 
                covered person, including--
                            ``(i) the name of the covered person;
                            ``(ii) an address;
                            ``(iii) a phone number;
                            ``(iv) a user name or identifying 
                        information for an online, social media, or 
                        email account; and
                            ``(v) any information that can be used to 
                        distinguish or trace the identity of the 
                        covered person, either alone or when combined 
                        with other information that is linked or 
                        linkable to the covered person;
                    ``(B) medical, dental, behavioral, psychiatric, or 
                psychological information of the covered person;
                    ``(C) educational or juvenile justice records of 
                the covered person; and
                    ``(D) any other information concerning the covered 
                person that is deemed `protected information' by order 
                of the court under subsection (d)(5).'';
            (2) in subsection (b)--
                    (A) in paragraph (1)(C), by striking ``minor'' and 
                inserting ``child''; and
                    (B) in paragraph (2)--
                            (i) in the heading, by striking 
                        ``Videotaped'' and inserting ``Recorded'';
                            (ii) in subparagraph (A), by striking 
                        ``that the deposition be recorded and preserved 
                        on videotape'' and inserting ``that a video 
                        recording of the deposition be made and 
                        preserved'';
                            (iii) in subparagraph (B)--
                                    (I) in clause (ii), by striking 
                                ``that the child's deposition be taken 
                                and preserved by videotape'' and 
                                inserting ``that a video recording of 
                                the child's deposition be made and 
                                preserved'';
                                    (II) in clause (iii)--
                                            (aa) in the matter 
                                        preceding subclause (I), by 
                                        striking ``videotape'' and 
                                        inserting ``recorded''; and
                                            (bb) in subclause (IV), by 
                                        striking ``videotape'' and 
                                        inserting ``recording''; and
                                    (III) in clause (v)--
                                            (aa) in the heading, by 
                                        striking ``videotape'' and 
                                        inserting ``video recording'';
                                            (bb) in the first sentence, 
                                        by striking ``made and 
                                        preserved on video tape'' and 
                                        inserting ``recorded and 
                                        preserved''; and
                                            (cc) in the second 
                                        sentence, by striking 
                                        ``videotape'' and inserting 
                                        ``video recording'';
                            (iv) in subparagraph (C), by striking 
                        ``child's videotaped'' and inserting ``video 
                        recording of the child's'';
                            (v) in subparagraph (D)--
                                    (I) by striking ``videotaping'' and 
                                inserting ``deposition''; and
                                    (II) by striking ``videotaped'' and 
                                inserting ``recorded'';
                            (vi) in subparagraph (E), by striking 
                        ``videotaped'' and inserting ``recorded''; and
                            (vii) in subparagraph (F), by striking 
                        ``videotape'' each place the term appears and 
                        inserting ``video recording'';
            (3) in subsection (d)--
                    (A) in paragraph (1)(A)--
                            (i) in clause (i), by striking ``the name 
                        of or any other information concerning a 
                        child'' and inserting ``a covered person's 
                        protected information''; and
                            (ii) in clause (ii)--
                                    (I) by striking ``documents 
                                described in clause (i) or the 
                                information in them that 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 ``the covered 
                                        person's protected 
                                        information''; and
                                    (II) in clause (ii), by striking 
                                ``child'' and inserting ``covered 
                                person''; and
                            (iii) by adding at the end the following:
            ``(C)(i) For purposes of this paragraph, there shall be a 
        presumption that public disclosure of a covered person's 
        protected information would be detrimental to the covered 
        person.
            ``(ii) The court shall deny a motion for a protective order 
        under subparagraph (A) only if the court finds that the party 
        opposing the motion has rebutted the presumption under clause 
        (i) of this subparagraph.'';
                    (D) in paragraph (4)--
                            (i) by striking ``This subsection'' and 
                        inserting the following:
                    ``(A) Disclosure to certain parties.--This 
                subsection'';
                            (ii) in subparagraph (A), as so 
                        designated--
                                    (I) by striking ``the name of or 
                                other information concerning a child'' 
                                and inserting ``a covered person's 
                                protected information''; and
                                    (II) by striking ``or an adult 
                                attendant, or to'' and inserting ``an 
                                adult attendant, a law enforcement 
                                agency for any intelligence or 
                                investigative purpose, or''; and
                            (iii) by adding at the end the following:
                    ``(B) Request for public disclosure.--If any party 
                requests public disclosure of a covered person's 
                protected information to further a public interest, the 
                court shall deny the request unless the court finds 
                that--
                            ``(i) the party seeking disclosure has 
                        established that there is a compelling public 
                        interest in publicly disclosing the covered 
                        person's protected information;
                            ``(ii) there is a substantial probability 
                        that the public interest would be harmed if the 
                        covered person's protected information is not 
                        disclosed;
                            ``(iii) the substantial probability of harm 
                        to the public interest outweighs the harm to 
                        the covered person from public disclosure of 
                        the covered person's protected information; and
                            ``(iv) there is no alternative to public 
                        disclosure of the covered person's protected 
                        information that would adequately protect the 
                        public interest.''; and
                    (E) by adding at the end the following:
            ``(5) Other protected information.--The court may order 
        that information shall be considered to be `protected 
        information' for purposes of this subsection if the court finds 
        that the information is sufficiently personal, sensitive, or 
        identifying that it should be subject to the protections and 
        presumptions under this subsection.'';
            (4) by striking subsection (f) and inserting the following:
    ``(f) Victim Impact Statement.--
            ``(1) Probation officer.--In preparing the presentence 
        report pursuant to rule 32(c) of the Federal Rules of Criminal 
        Procedure, the probation officer shall request information from 
        the multidisciplinary child abuse team, if applicable, or other 
        appropriate sources to determine the impact of the offense on a 
        child victim and any other children who may have been affected 
        by the offense.
            ``(2) Guardian ad litem.--A guardian ad litem appointed 
        under subsection (h) shall--
                    ``(A) make every effort to obtain and report 
                information that accurately expresses the views of a 
                child victim, and the views of family members as 
                appropriate, concerning the impact of the offense; and
                    ``(B) use forms that permit a child victim to 
                express the child's views concerning the personal 
                consequences of the offense, at a level and in a form 
                of communication commensurate with the child's age and 
                ability.'';
            (5) in subsection (h), by adding at the end the following:
            ``(4) Authorization of appropriations.--
                    ``(A) In general.--There is authorized to be 
                appropriated to the United States courts to carry out 
                this subsection $25,000,000 for each fiscal year.
                    ``(B) Supervision of payments.--Payments from 
                appropriations authorized under subparagraph (A) shall 
                be made under the supervision of the Director of the 
                Administrative Office of the United States Courts.'';
            (6) in subsection (i)--
                    (A) by striking ``A child testifying at or 
                attending a judicial proceeding'' and inserting the 
                following:
            ``(1) In general.--A child testifying at a judicial 
        proceeding, including in a manner described in subsection 
        (b),'';
                    (B) in paragraph (1), as so designated--
                            (i) in the third sentence, by striking 
                        ``proceeding'' and inserting ``testimony''; and
                            (ii) by striking the fifth sentence; and
                    (C) by adding at the end the following:
            ``(2) Recording.--If the adult attendant is in close 
        physical proximity to or in contact with the child while the 
        child testifies--
                    ``(A) at a judicial proceeding, a video recording 
                of the adult attendant shall be made and shall become 
                part of the court record; or
                    ``(B) in a manner described in subsection (b), the 
                adult attendant shall be visible on the closed-circuit 
                television or in the recorded deposition.
            ``(3) Covered persons attending proceeding.--A covered 
        person shall have the right to be accompanied by an adult 
        attendant when attending any judicial proceeding.'';
            (7) in subsection (j)--
                    (A) by striking ``child'' each place the term 
                appears and inserting ``covered person''; and
                    (B) in the fourth sentence--
                            (i) by striking ``and the potential'' and 
                        inserting ``the potential'';
                            (ii) by striking ``child's'' and inserting 
                        ``covered person's''; and
                            (iii) by inserting before the period at the 
                        end the following: ``, and the necessity of the 
                        continuance to protect the defendant's 
                        rights'';
            (8) in subsection (k), by striking ``child'' each place the 
        term appears and inserting ``covered person''; and
            (9) in subsection (l), by striking ``child'' each place the 
        term appears and inserting ``covered person''.
    (b) Effective Date.--The amendments made by this section shall 
apply to conduct that occurred before, on, or after the date of 
enactment of this Act.

SEC. 4. 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 crime 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 crime victim 
                under this section'' after ``suitable by the court'';
            (3) in section 2259--
                    (A) in subsection (b)--
                            (i) in paragraph (1), by striking 
                        ``Directions.--Except as provided in paragraph 
                        (2), the'' and inserting ``Restitution for 
                        child pornography production.--If the defendant 
                        was convicted of child pornography production, 
                        the''; and
                            (ii) in paragraph (2)(B), by striking 
                        ``$3,000.'' and inserting the following: ``--
                            ``(i) $3,000; or
                            ``(ii) 10 percent of the full amount of the 
                        victim's losses, if the full amount of the 
                        victim's losses is less than $3,000.''; and
                    (B) in subsection (c)--
                            (i) by striking paragraph (1) and inserting 
                        the following:
            ``(1) Child pornography production.--For purposes of this 
        section and section 2259A, the term `child pornography 
        production' means--
                    ``(A) a violation of subsection (a), (b), or (c) of 
                section 2251, or an attempt or conspiracy to violate 
                any of those subsections under subsection (e) of that 
                section;
                    ``(B) a violation of section 2251A;
                    ``(C) a violation of section 2252(a)(4) or 
                2252A(a)(5), or an attempt or conspiracy to violate 
                either of those sections under section 2252(b)(2) or 
                2252A(b)(2), to the extent such conduct involves child 
                pornography--
                            ``(i) produced by the defendant; or
                            ``(ii) that the defendant attempted or 
                        conspired to produce;
                    ``(D) a violation of section 2252A(g) if the series 
                of felony violations involves not fewer than 1 
                violation--
                            ``(i) described in subparagraph (A), (B), 
                        (E), or (F) of this paragraph;
                            ``(ii) of section 1591; or
                            ``(iii) of section 1201, chapter 109A, or 
                        chapter 117, if the victim is a minor;
                    ``(E) a violation of subsection (a) of section 
                2260, or an attempt or conspiracy to violate that 
                subsection under subsection (c)(1) of that section;
                    ``(F)(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); or
                    ``(ii) attempting or conspiring to promote or 
                facilitate an offense described in clause (i) of this 
                subparagraph under section 2260B(b); and
                    ``(G) a violation of chapter 109A or chapter 117, 
                if the offense involves the production or attempted 
                production of, or conspiracy to produce, child 
                pornography.''; and
                            (ii) by striking paragraph (3) and 
                        inserting the following:
            ``(3) Trafficking in child pornography.--For purposes of 
        this section and section 2259A, the term `trafficking in child 
        pornography' means--
                    ``(A) a violation of subsection (d) of section 2251 
                or an attempt or conspiracy to violate that subsection 
                under subsection (e) of that section;
                    ``(B) a violation of paragraph (1), (2), or (3) of 
                subsection (a) of section 2252, or an attempt or 
                conspiracy to violate any of those paragraphs under 
                subsection (b)(1) of that section;
                    ``(C) a violation of section 2252(a)(4) or 
                2252A(a)(5), or an attempt or conspiracy to violate 
                either of those sections under section 2252(b)(2) or 
                2252A(b)(2), to the extent such conduct involves child 
                pornography--
                            ``(i) not produced by the defendant; or
                            ``(ii) that the defendant did not attempt 
                        or conspire to produce;
                    ``(D) a violation of paragraph (1), (2), (3), (4), 
                or (6) of subsection (a) of section 2252A, or an 
                attempt or conspiracy to violate any of those 
                paragraphs under subsection (b)(1) of that section;
                    ``(E) a violation of subsection (a)(7) of section 
                2252A, or an attempt or conspiracy to violate that 
                subsection under subsection (b)(3) of that section;
                    ``(F) a violation of section 2252A(g) if the series 
                of felony violations exclusively involves violations 
                described in this paragraph;
                    ``(G) a violation of subsection (b) of section 
                2260, or an attempt or conspiracy to violate that 
                subsection under subsection (c)(2) of that section;
                    ``(H)(i) 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; or
                    ``(ii) an attempt or conspiracy to commit the 
                conduct described in clause (i) of this subparagraph 
                under section 2260B(b).'';
            (4) in section 2259A(a)--
                    (A) in paragraph (1), by striking ``under section 
                2252(a)(4) or 2252A(a)(5)'' and inserting ``described 
                in section 2259(c)(3)(C)''; and
                    (B) in paragraph (2), by striking ``any other 
                offense for trafficking in child pornography'' and 
                inserting ``any offense for trafficking in child 
                pornography other than an offense described in section 
                2259(c)(3)(C)'';
            (5) in section 2429--
                    (A) in subsection (b)(3), by striking 
                ``2259(b)(3)'' and inserting ``2259(c)(2)''; and
                    (B) in subsection (d)--
                            (i) by inserting ``(1)'' after ``(d)'';
                            (ii) by striking ``chapter, including, in'' 
                        and inserting the following: ``chapter.
    ``(2) In''; and
                            (iii) in paragraph (2), as so designated, 
                        by inserting ``may assume the rights of the 
                        crime 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. 5. CYBERTIPLINE IMPROVEMENTS, AND ACCOUNTABILITY AND TRANSPARENCY 
              BY THE TECH INDUSTRY.

    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended--
            (1) in section 2258A--
                    (A) by striking subsections (a), (b), and (c) and 
                inserting the following:
    ``(a) Duty To Report.--
            ``(1) Duty.--In order to reduce the proliferation of online 
        child exploitation and to prevent the online sexual 
        exploitation of children, as soon as reasonably possible after 
        obtaining actual knowledge of any facts or circumstances 
        described in paragraph (2) or any apparent child pornography on 
        the provider's service, network, or platform, and in any event 
        not later than 60 days after obtaining such knowledge, a 
        provider shall--
                    ``(A) submit to the CyberTipline of NCMEC, or any 
                successor to the CyberTipline operated by NCMEC, a 
                report containing--
                            ``(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) concerning such facts or circumstances or 
                        apparent child pornography; and
                    ``(B) if applicable, remove the apparent child 
                pornography that is the subject of the report described 
                in subparagraph (A), if such child pornography is 
                publicly available.
            ``(2) Facts or circumstances.--The facts or circumstances 
        described in this paragraph are any facts or circumstances 
        indicating an apparent, planned, or imminent violation of 
        section 2251, 2251A, 2252, 2252A, 2252B, or 2260.
            ``(3) Permitted actions based on reasonable belief.--In 
        order to reduce the proliferation of online child exploitation 
        and to prevent the online sexual exploitation of children, if a 
        provider has a reasonable belief that any facts or 
        circumstances described in paragraph (2) exist, the provider 
        may submit to the CyberTipline of NCMEC, or any successor to 
        the CyberTipline operated by NCMEC, a report described in 
        paragraph (1)(A).
    ``(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)--
                    ``(A) shall include, to the extent that it is 
                applicable and reasonably available--
                            ``(i) identifying information regarding any 
                        individual who is the subject of the report, 
                        including name, address, electronic mail 
                        address, user or account identification, 
                        Internet Protocol address, and uniform resource 
                        locator;
                            ``(ii) the terms of service in effect at 
                        the time of--
                                    ``(I) the apparent violation; or
                                    ``(II) the detection of apparent 
                                child pornography or a planned or 
                                imminent violation;
                            ``(iii) a copy of any apparent child 
                        pornography that is the subject of the report 
                        that was identified in a publicly available 
                        location;
                            ``(iv) for each item of apparent child 
                        pornography included in the report under clause 
                        (iii) or paragraph (2)(C), information 
                        indicating whether--
                                    ``(I) the reported child 
                                pornography was publicly available; or
                                    ``(II) the provider, in its sole 
                                discretion, viewed the reported child 
                                pornography, or any copy thereof, at 
                                any point concurrent with or prior to 
                                the submission of the report; and
                            ``(v) for each item of apparent child 
                        pornography that is the subject of the report, 
                        an indication as to whether the child 
                        pornography--
                                    ``(I) has previously been the 
                                subject of a report under paragraph 
                                (1)(A) or (3) of subsection (a); or
                                    ``(II) is the subject of multiple 
                                contemporaneous reports due to rapid 
                                and widespread distribution; and
                    ``(B) may, at the sole discretion of the provider, 
                include the information described in paragraph (2) of 
                this subsection.
            ``(2) Other information.--The information referred to in 
        paragraph (1)(B) is the following:
                    ``(A) Historical reference.--Information relating 
                to when and how a customer or subscriber of a provider 
                uploaded, transmitted, or received content relating to 
                the report or when and how content relating to the 
                report was reported to, or discovered by the provider, 
                including a date and time stamp and time zone.
                    ``(B) Geographic location information.--Information 
                relating to the geographic location of the involved 
                individual or website, which may include the Internet 
                Protocol address or verified address, or, if not 
                reasonably available, at least one form of geographic 
                identifying information, including area code or zip 
                code, provided by the customer or subscriber, or stored 
                or obtained by the provider.
                    ``(C) Apparent child pornography.--Any apparent 
                child pornography not described in paragraph 
                (1)(A)(iii), or other content related to the subject of 
                the report.
                    ``(D) Complete communication.--The complete 
                communication containing any apparent child pornography 
                or other content, including--
                            ``(i) any data or information regarding the 
                        transmission of the communication; and
                            ``(ii) any visual depictions, data, or 
                        other digital files contained in, or attached 
                        to, the communication.
                    ``(E) Technical identifier.--An industry-standard 
                hash value or other similar industry-standard technical 
                identifier for any reported visual depiction as it 
                existed on the provider's service, network, or 
                platform.
                    ``(F) Description.--For any item of apparent child 
                pornography that is the subject of the report, an 
                indication of whether--
                            ``(i) the depicted sexually explicit 
                        conduct involves--
                                    ``(I) genital, oral, or anal sexual 
                                intercourse;
                                    ``(II) bestiality;
                                    ``(III) masturbation;
                                    ``(IV) sadistic or masochistic 
                                abuse; or
                                    ``(V) lascivious exhibition of the 
                                anus, genitals, or pubic area of any 
                                person; and
                            ``(ii) the depicted minor is--
                                    ``(I) an infant or toddler;
                                    ``(II) prepubescent;
                                    ``(III) pubescent;
                                    ``(IV) post-pubescent; or
                                    ``(V) of an indeterminate age or 
                                developmental stage.'';
    ``(c) Forwarding of Report and Other Information to Law 
Enforcement.--
            ``(1) In general.--Pursuant to its clearinghouse role as a 
        private, nonprofit organization, and at the conclusion of its 
        review in furtherance of its nonprofit mission, NCMEC shall 
        make available each report submitted under paragraph (1)(A) or 
        (3) of subsection (a) to one or more of the following law 
        enforcement agencies:
                    ``(A) Any Federal law enforcement agency that is 
                involved in the investigation of child sexual 
                exploitation, kidnapping, or enticement crimes.
                    ``(B) Any State or local law enforcement agency 
                that is involved in the investigation of child sexual 
                exploitation.
                    ``(C) A foreign law enforcement agency designated 
                by the Attorney General under subsection (d)(3) or a 
                foreign law enforcement agency that has an established 
                relationship with the Federal Bureau of Investigation, 
                Immigration and Customs Enforcement, or INTERPOL, and 
                is involved in the investigation of child sexual 
                exploitation, kidnapping, or enticement crimes.
            ``(2) Technical identifiers.--If a report submitted under 
        paragraph (1)(A) or (3) of subsection (a) contains an industry-
        standard hash value or other similar industry-standard 
        technical identifier--
                    ``(A) NCMEC may compare that hash value or 
                identifier with any database or repository of visual 
                depictions owned or operated by NCMEC; and
                    ``(B) if the comparison under subparagraph (A) 
                results in a match, NCMEC may include the matching 
                visual depiction from its database or repository when 
                forwarding the report to an agency described in 
                subparagraph (A) or (B) of paragraph (1).'';
                    (B) in subsection (d)--
                            (i) in paragraph (2), by striking 
                        ``subsection (c)(1)'' and inserting 
                        ``subsection (c)(1)(A)''; and
                            (ii) in paragraph (3)--
                                    (I) in subparagraph (A), by 
                                striking ``subsection (c)(3)'' and 
                                inserting ``subsection (c)(1)(C)''; and
                                    (II) in subparagraph (C), by 
                                striking ``subsection (c)(3)'' and 
                                inserting ``subsection (c)(1)(C)'';
                    (C) by striking subsection (e) and inserting the 
                following:
    ``(e) Failure To Comply With Requirements.--
            ``(1) Criminal penalty.--
                    ``(A) Offense.--It shall be unlawful for a provider 
                to knowingly--
                            ``(i) fail to submit a report under 
                        subsection (a)(1)(A) within the time period 
                        required by that subsection; or
                            ``(ii) fail to preserve material as 
                        required under subsection (h).
                    ``(B) Penalty.--
                            ``(i) In general.--A provider that violates 
                        subparagraph (A) shall be fined--
                                    ``(I) in the case of an initial 
                                violation, not more than $150,000; and
                                    ``(II) in the case of any second or 
                                subsequent violation, not more than 
                                $300,000.
                            ``(ii) Harm to individuals.--The maximum 
                        fine under clause (i) shall be tripled if an 
                        individual is harmed as a direct and proximate 
                        result of the applicable violation.
            ``(2) Civil penalty.--
                    ``(A) Violations relating to cybertipline reports, 
                content removal, and material preservation.--A provider 
                shall be liable to the United States Government for a 
                civil penalty in an amount of not less than $50,000 and 
                not more than $100,000 if the provider knowingly--
                            ``(i) fails to submit a report under 
                        subsection (a)(1)(A) within the time period 
                        required by that subsection;
                            ``(ii) fails to remove apparent child 
                        pornography as required under subsection 
                        (a)(1)(B);
                            ``(iii) fails to preserve material as 
                        required under subsection (h); or
                            ``(iv) submits a report under subsection 
                        (a)(1)(A) that--
                                    ``(I) contains materially false or 
                                fraudulent information; or
                                    ``(II) omits information described 
                                in subsection (b)(1)(A) that is 
                                reasonably available.
                    ``(B) Annual report violations.--A provider shall 
                be liable to the United States Government for a civil 
                penalty in an amount of not less than $100,000 and not 
                more than $1,000,000 if the provider knowingly--
                            ``(i) fails to submit an annual report as 
                        required under subsection (i); or
                            ``(ii) submits an annual report under 
                        subsection (i) that--
                                    ``(I) contains a materially false, 
                                fraudulent, or misleading statement; or
                                    ``(II) omits information described 
                                in subsection (i)(1) that is reasonably 
                                available.
                    ``(C) Harm to individuals.--The amount of a civil 
                penalty under subparagraph (A) or (B) shall be tripled 
                if an individual is harmed as a direct and proximate 
                result of the applicable violation.
                    ``(D) Costs of civil actions.--A provider that 
                commits a violation described in subparagraph (A) or 
                (B) shall be liable to the United States Government for 
                the costs of a civil action brought to recover a civil 
                penalty under that subparagraph.
                    ``(E) Enforcement.--This paragraph shall be 
                enforced in accordance with sections 3731, 3732, and 
                3733 of title 31, except that a civil action to recover 
                a civil penalty under subparagraph (A) or (B) of this 
                paragraph may only be brought by the United States 
                Government.
            ``(3) Deposit of fines and penalties.--Notwithstanding any 
        other provision of law, any criminal fine or civil penalty 
        collected under this subsection shall be deposited into the 
        Child Pornography Victims Reserve as provided in section 
        2259B.'';
                    (D) in subsection (f), by striking paragraph (3) 
                and inserting the following:
            ``(3) affirmatively search, screen, or scan for--
                    ``(A) facts or circumstances described in 
                subsection (a)(2);
                    ``(B) information described in subsection (b)(2); 
                or
                    ``(C) any apparent child pornography, including any 
                copy of apparent child pornography removed pursuant to 
                subsection (a)(1)(B).'';
                    (E) in subsection (g)--
                            (i) in paragraph (2)(A)--
                                    (I) in clause (iii), by inserting 
                                ``or personnel at a children's advocacy 
                                center'' after ``State)''; and
                                    (II) in clause (iv), by striking 
                                ``State or subdivision of a State'' and 
                                inserting ``State, subdivision of a 
                                State, or children's advocacy center'';
                            (ii) in paragraph (3), in the matter 
                        preceding subparagraph (A), by inserting 
                        ``paragraph (1)(A) or (3) of'' before 
                        ``subsection (a)''; and
                            (iii) in paragraph (4), by striking 
                        ``subsection (a)(1)'' and inserting ``paragraph 
                        (1)(A) or (3) of subsection (a)'';
                    (F) in subsection (h)--
                            (i) in paragraph (1), by striking 
                        ``subsection (a)(1)'' and inserting ``paragraph 
                        (1)(A) or (3) of subsection (a)''; and
                            (ii) by adding at the end the following:
            ``(5) Relation to reporting requirement.--Submission of a 
        report as required under paragraph (1)(A) or (3) of subsection 
        (a) does not satisfy the obligations under this subsection.''; 
        and
                    (G) by adding at the end the following:
    ``(i) Annual Report.--
            ``(1) In general.--Not later than March 31 of the second 
        year beginning after the date of enactment of the STOP CSAM Act 
        of 2023, and of each year thereafter, a provider that had more 
        than 1,000,000 unique monthly visitors or users during each 
        month of the preceding year and accrued revenue of more than 
        $50,000,000 during the preceding year shall submit to the 
        Attorney General and the Chair of the Federal Trade Commission 
        a report, disaggregated by subsidiary, that provides the 
        following information for the preceding year to the extent such 
        information is applicable and reasonably available:
                    ``(A) Cybertipline data.--
                            ``(i) The total number of reports that the 
                        provider submitted under paragraph (1)(A) or 
                        (3) of subsection (a).
                            ``(ii) The total number of publicly 
                        available items of apparent child pornography 
                        that the provider removed under subsection 
                        (a)(1)(B).
                            ``(iii) Which items of information 
                        described in subsection (b)(2) are routinely 
                        included in the reports submitted by the 
                        provider under paragraph (1)(A) or (3) of 
                        subsection (a).
                    ``(B) Report and remove data.--With respect to 
                section 7 of the STOP CSAM Act of 2023--
                            ``(i) a description of the provider's 
                        designated reporting system;
                            ``(ii) the number of notifications 
                        received;
                            ``(iii) the number of proscribed visual 
                        depictions involving a minor that were removed; 
                        and
                            ``(iv) the total amount of any fine ordered 
                        and paid.
                    ``(C) Other reporting to the provider.--
                            ``(i) The measures the provider has in 
                        place to receive other reports concerning child 
                        sexual exploitation and abuse using the 
                        provider's product or on the provider's 
                        service, platform, or network.
                            ``(ii) The average time for responding to 
                        reports described in clause (i).
                            ``(iii) The number of reports described in 
                        clause (i) that the provider received.
                            ``(iv) A summary description of the actions 
                        taken upon receipt of the reports described in 
                        clause (i).
                    ``(D) Policies.--
                            ``(i) A description of the policies of the 
                        provider with respect to the commission of 
                        child sexual exploitation and abuse using the 
                        provider's product or on the provider's 
                        service, platform, or network, 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 the safety of 
                        children using the provider's product, service, 
                        platform, or network.
                            ``(ii) The measures and technologies that 
                        the provider deploys to prevent the use of the 
                        provider's product, service, platform, or 
                        network 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, service, 
                platform, or network to assess--
                            ``(i) the safety risks for children; and
                            ``(ii) whether and how individuals could 
                        use the new product, service, platform, or 
                        network to commit child sexual exploitation and 
                        abuse.
                    ``(G) Trends and patterns.--Any information 
                concerning emerging trends and changing patterns with 
                respect to online child safety and the commission of 
                child sexual exploitation and abuse.
            ``(2) Avoiding duplication.--For purposes of subparagraphs 
        (D) through (G) of paragraph (1), in the case of any report 
        submitted under that paragraph after the initial report, a 
        provider shall only be required to submit new or updated 
        information described in those subparagraphs.
            ``(3) Limitation.--Nothing in paragraph (1) shall require 
        the disclosure of trade secrets or other proprietary 
        information.
            ``(4) Publication.--
                    ``(A) In general.--The Attorney General and the 
                Chair of the Federal Trade Commission shall publish the 
                reports received under this subsection.
                    ``(B) Redaction.--A provider may request the 
                redaction of any information that is law enforcement 
                sensitive or otherwise not suitable for public 
                distribution, and the Attorney General and Chair of the 
                Federal Trade Commission may, in their discretion, 
                redact any such information, whether or not 
                requested.'';
            (2) in section 2258B--
                    (A) in subsection (a)--
                            (i) by striking ``may not be brought in any 
                        Federal or State court''; and
                            (ii) by striking ``Except as provided in 
                        subsection (b), a civil claim or criminal 
                        charge'' and inserting the following:
            ``(1) Limited liability.--Except as provided in subsection 
        (b), a civil claim or criminal charge described in paragraph 
        (2) may not be brought in any Federal or State court.
            ``(2) Covered claims and charges.--A civil claim or 
        criminal charge referred to in paragraph (1) is a civil claim 
        or criminal charge''; and
                    (B) in subsection (b)(1), by inserting ``or 
                knowingly failed to comply with a requirement under 
                section 2258A'' after ``misconduct'';
            (3) in section 2258C--
                    (A) in subsection (a)(1), by inserting ``use of the 
                provider's products, services, platforms, or networks 
                to commit'' after ``stop the'';
                    (B) in subsection (b)--
                            (i) by striking ``Any provider'' and 
                        inserting the following:
            ``(1) In general.--Any provider'';
                            (ii) in paragraph (1), as so designated, by 
                        striking ``receives'' and inserting ``, in its 
                        sole discretion, obtains''; and
                            (iii) by adding at the end the following:
            ``(2) Limitation on sharing with other entities.--A 
        provider that obtains elements under subsection (a)(1) may not 
        distribute those elements, or make those elements available, to 
        any other entity, except for the sole and exclusive purpose of 
        stopping the online sexual exploitation of children.''; and
                    (C) in subsection (c)--
                            (i) by striking ``subsections'' and 
                        inserting ``subsection'';
                            (ii) by striking ``providers receiving'' 
                        and inserting ``a provider to obtain'';
                            (iii) by inserting ``, or'' after 
                        ``NCMEC''; and
                            (iv) by inserting ``use of the provider's 
                        products, services, platforms, or networks to 
                        commit'' after ``stop the'';
            (4) in section 2258E(6), by striking ``electronic 
        communication service provider'' and inserting ``electronic 
        communication service'';
            (5) in section 2259B(a), by inserting ``, any fine or 
        penalty collected under section 2258A(e) or subparagraph (A) of 
        section 7(g)(24) of the STOP CSAM Act of 2023 (except as 
        provided in clauses (i) and (ii)(I) of subparagraph (B) of such 
        section 7(g)(24)),'' after ``2259A''; and
            (6) by adding at the end the following:
``Sec. 2260B. Liability for certain child exploitation offenses
    ``(a) Offense.--It shall be unlawful for a provider of an 
interactive computer service, as that term is defined in section 230 of 
the Communications Act of 1934 (47 U.S.C. 230), that operates through 
the use of any facility or means of interstate or foreign commerce or 
in or affecting interstate or foreign commerce, through such service to 
knowingly--
            ``(1) host or store child pornography or make child 
        pornography available to any person; or
            ``(2) otherwise knowingly promote or facilitate a violation 
        of section 2251, 2251A, 2252, 2252A, or 2422(b).
    ``(b) Penalty.--A provider of an interactive computer service that 
violates subsection (a)--
            ``(1) subject to paragraph (2), shall be fined not more 
        than $1,000,000; and
            ``(2) if the offense involves a conscious or reckless risk 
        of serious personal injury or an individual is harmed as a 
        direct and proximate result of the violation, shall be fined 
        not more than $5,000,000.
    ``(c) Rule of Construction.--Nothing in this section shall be 
construed to apply to any action by a provider of an interactive 
computer service that is necessary to comply with a valid court order, 
subpoena, search warrant, statutory obligation, or preservation request 
from law enforcement.''.
    (b) Clerical Amendment.--The table of sections for chapter 110 of 
title 18, United States Code, is amended by adding at the end the 
following:

``2260B. Liability for certain child exploitation offenses.''.

SEC. 6. EXPANDING CIVIL REMEDIES FOR VICTIMS OF ONLINE CHILD SEXUAL 
              EXPLOITATION.

    Section 2255 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``a violation of section 1589, 
                1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 
                2252A, 2260, 2421, 2422, or 2423 of this title'' and 
                inserting ``a child exploitation violation or conduct 
                relating to child exploitation'';
                    (B) by inserting ``or conduct'' after ``as a result 
                of such violation''; and
                    (C) by striking ``sue in any'' and inserting 
                ``bring a civil action in the''; and
            (2) by adding at the end the following:
    ``(d) Definitions.--In this section--
            ``(1) the term `child exploitation violation' means a 
        violation of section 1589, 1590, 1591, 1594(a) (involving a 
        violation of section 1589, 1590, or 1591), 1594(b) (involving a 
        violation of section 1589 or 1590), 1594(c), 2241, 2242, 2243, 
        2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this 
        title;
            ``(2) the term `conduct relating to child exploitation' 
        means--
                    ``(A) with respect to a provider of an interactive 
                computer service or a software distribution service 
                operating through the use of any means or facility of 
                interstate or foreign commerce, or in or affecting 
                interstate or foreign commerce, the intentional, 
                knowing, reckless, or negligent promotion or 
                facilitation of conduct that violates section 1591, 
                1594(c), 2251, 2251A, 2252, 2252A, or 2422(b) of this 
                title; and
                    ``(B) with respect to a provider of an interactive 
                computer service operating through the use of any means 
                or facility of interstate or foreign commerce, or in or 
                affecting interstate or foreign commerce, the 
                intentional, knowing, reckless, or negligent hosting or 
                storing of child pornography or making child 
                pornography available to any person;
            ``(3) the term `interactive computer service' has the 
        meaning given that term in section 230(f) of the Communications 
        Act of 1934 (47 U.S.C. 230(f)); and
            ``(4) the term `software distribution service' means an 
        online service, whether or not operated for pecuniary gain, 
        from which individuals can purchase, obtain, or download 
        software that--
                    ``(A) can be used by an individual to communicate 
                with another individual, by any means, to store, 
                access, distribute, or receive any visual depiction, or 
                to transmit any live visual depiction; and
                    ``(B) was not developed by the software 
                distribution service.
    ``(e) Relation to Section 230 of the Communications Act of 1934.--
Nothing in section 230 of the Communications Act of 1934 (47 U.S.C. 
230) shall be construed to impair or limit any claim brought under this 
section for conduct relating to child exploitation.
    ``(f) Rule of Construction.--Nothing in this section shall be 
construed to apply to any action by a provider of an interactive 
computer service that is necessary to comply with a valid court order, 
subpoena, search warrant, statutory obligation, or preservation request 
from law enforcement.''.

SEC. 7. REPORTING AND REMOVAL OF PROSCRIBED VISUAL DEPICTIONS RELATING 
              TO CHILDREN; ESTABLISHMENT OF CHILD ONLINE PROTECTION 
              BOARD.

    (a) Findings.--Congress finds the following:
            (1) Over 40 years ago, the Supreme Court of the United 
        States ruled in New York v. Ferber, 458 U.S. 747 (1982), that 
        child sexual abuse material (referred to in this subsection as 
        ``CSAM'') is a ``category of material outside the protections 
        of the First Amendment.'' The Court emphasized that children 
        depicted in CSAM are harmed twice: first through the abuse and 
        exploitation inherent in the creation of the materials, and 
        then through the continued circulation of the imagery, which 
        inflicts its own emotional and psychological injury.
            (2) The Supreme Court reiterated this point 9 years ago in 
        Paroline v. United States, 572 U.S. 434 (2014), when it 
        explained that CSAM victims suffer ``continuing and grievous 
        harm as a result of [their] knowledge that a large, 
        indeterminate number of individuals have viewed and will in the 
        future view images of the sexual abuse [they] endured.''
            (3) In these decisions, the Supreme Court noted that the 
        distribution of child sexual abuse material invades the privacy 
        interests of the victims.
            (4) The co-mingling online of CSAM with other, non-explicit 
        depictions of the victims links the victim's identity with the 
        images of their abuse. This further invades a victim's privacy 
        and disrupts their sense of security, thwarting what the 
        Supreme Court has described as ``the individual interest in 
        avoiding disclosure of personal matters.''
            (5) The internet is awash with child sexual abuse material. 
        In 2021, the CyberTipline, operated by the National Center for 
        Missing & Exploited Children to combat online child sexual 
        exploitation, received reports about 39,900,000 images and 
        44,800,000 videos depicting child sexual abuse.
            (6) Since 2017, Project Arachnid, operated by the Canadian 
        Centre for Child Protection, has sent over 26,000,000 notices 
        to online providers about CSAM and other exploitive material 
        found on their platforms. According to the Canadian Centre, 
        some providers are slow to remove the material, or take it down 
        only for it to be reposted again a short time later.
            (7) This legislation is needed to create an easy-to-use and 
        effective procedure to get CSAM and harmful related imagery 
        quickly taken offline and kept offline to protect children, 
        stop the spread of illegal and harmful content, and thwart the 
        continued invasion of the victims' privacy.
    (b) Implementation.--
            (1) Implementation.--Except as provided in paragraph (2), 
        not later than 1 year after the date of enactment of this Act, 
        the Child Online Protection Board established under subsection 
        (d), shall begin operations, at which point providers shall 
        begin receiving notifications as set forth in subsection 
        (c)(2).
            (2) Extension.--The Commission may extend the deadline 
        under paragraph (1) by not more than 180 days if the Commission 
        provides notice of the extension to the public and to Congress.
    (c) Reporting and Removal of Proscribed Visual Depictions Relating 
to Children.--
            (1) In general.--If a provider receives a complete 
        notification as set forth in paragraph (2)(A) that the provider 
        is hosting a proscribed visual depiction relating to a child, 
        not later than 48 hours after such notification is received by 
        the provider (or, in the case of a small provider, not later 
        than 2 business days after such notification is received by the 
        small provider) the provider shall--
                    (A)(i) remove the proscribed visual depiction 
                relating to a child; and
                    (ii) notify the complainant that it has done so; or
                    (B) notify the complainant that the provider--
                            (i) is unable to remove the proscribed 
                        visual depiction relating to a child using 
                        reasonable means; or
                            (ii) has determined that the notification 
                        is duplicative under paragraph (2)(C)(i).
            (2) Notification requirements.--
                    (A) In general.--To be complete under this 
                subsection, a notification must be a written 
                communication to the designated reporting system of the 
                provider (or, if the provider does not have a 
                designated reporting system, a written communication 
                that is served on the provider in accordance with 
                subparagraph (F)) that includes the following:
                            (i) An identification of, and information 
                        reasonably sufficient to permit the provider to 
                        locate, the alleged proscribed visual depiction 
                        relating to a child. Such information may 
                        include, at the option of the complainant, a 
                        copy of the alleged proscribed visual depiction 
                        relating to a child or the uniform resource 
                        locator where such proscribed visual depiction 
                        is located.
                            (ii) The complainant's name and contact 
                        information, to include a mailing address, 
                        telephone number, and an electronic mail 
                        address, except that, if the complainant is the 
                        victim depicted in the alleged proscribed 
                        visual depiction relating to a child, the 
                        complainant may elect to use an alias, 
                        including for purposes of the signed statement 
                        described in clause (v), and omit a mailing 
                        address.
                            (iii) If applicable, a statement indicating 
                        that the complainant has previously notified 
                        the provider about the alleged proscribed 
                        visual depiction relating to a child which may, 
                        at the option of the complainant, include a 
                        copy of the previous notification.
                            (iv) A statement indicating that the 
                        complainant has a good faith belief that the 
                        information in the notification is accurate.
                            (v) A signed statement under penalty of 
                        perjury indicating that the notification is 
                        submitted by--
                                    (I) the victim depicted in the 
                                alleged proscribed visual depiction 
                                relating to a child;
                                    (II) an authorized representative 
                                of the victim depicted in the alleged 
                                proscribed visual depiction relating to 
                                a child; or
                                    (III) a qualified organization.
                    (B) Inclusion of multiple visual depictions in same 
                notification.--A notification may contain information 
                about more than one proscribed visual depiction 
                relating to a child, but shall only be effective with 
                respect to each proscribed visual depiction relating to 
                a child included in the notification to the extent that 
                the notification includes sufficient information to 
                identify and locate such visual depiction.
                    (C) Limitation on duplicative notifications.--
                            (i) In general.--After a complainant has 
                        submitted a notification to a provider, the 
                        complainant may submit additional notifications 
                        at any time only if the subsequent 
                        notifications involve--
                                    (I) a different proscribed visual 
                                depiction relating to a minor;
                                    (II) the same proscribed visual 
                                depiction relating to a minor that is 
                                in a different location; or
                                    (III) recidivist hosting.
                            (ii) No obligation.--A provider who 
                        receives any additional notifications that do 
                        not comply with clause (i) shall not be 
                        required to take any additional action except--
                                    (I) as may be required with respect 
                                to the original notification; and
                                    (II) to notify the complainant as 
                                provided in paragraph (1)(B)(ii).
                    (D) Incomplete or misdirected notification.--
                            (i) Requirement to contact complainant 
                        regarding insufficient information.--
                                    (I) Requirement to contact 
                                complainant.--If a notification that is 
                                submitted to a provider under this 
                                subsection does not contain sufficient 
                                information under subparagraph (A)(i) 
                                to identify or locate the visual 
                                depiction that is the subject of the 
                                notification but does contain the 
                                complainant contact information 
                                described in subparagraph (A)(ii), the 
                                provider shall, not later than 48 hours 
                                after receiving the notification (or, 
                                in the case of a small provider, not 
                                later than 2 business days after such 
                                notification is received by the small 
                                provider), contact the complainant via 
                                electronic email address to obtain such 
                                information.
                                    (II) Effect of complainant 
                                providing sufficient information.--If 
                                the provider is able to contact the 
                                complainant and obtain sufficient 
                                information to identify or locate the 
                                visual depiction that is the subject of 
                                the notification, the provider shall 
                                then proceed as set forth in paragraph 
                                (1), except that the applicable 
                                timeframes described in such paragraph 
                                shall commence on the day the provider 
                                receives the information needed to 
                                identify or locate the visual 
                                depiction.
                                    (III) Effect of complainant 
                                inability to provide sufficient 
                                information.--If the provider is able 
                                to contact the complainant but does not 
                                obtain sufficient information to 
                                identify or locate the visual depiction 
                                that is the subject of the 
                                notification, the provider shall so 
                                notify the complainant not later than 
                                48 hours after the provider determines 
                                that it is unable to identify or locate 
                                the visual depiction (or, in the case 
                                of a small provider, not later than 2 
                                business days after the small provider 
                                makes such determination), after which 
                                no further action by the provider is 
                                required and receipt of the 
                                notification shall not be considered in 
                                determining whether the provider has 
                                actual knowledge of any information 
                                described in the notification.
                                    (IV) Effect of complainant failure 
                                to respond.--If the complainant does 
                                not respond to the provider's attempt 
                                to contact the complainant under this 
                                clause within 14 days of such attempt, 
                                no further action by the provider is 
                                required and receipt of the 
                                notification shall not be considered in 
                                determining whether the provider has 
                                actual knowledge of any information 
                                described in the notification.
                            (ii) Treatment of incomplete notification 
                        where complainant cannot be contacted.--If a 
                        notification that is submitted to a provider 
                        under this subsection does not contain 
                        sufficient information under subparagraph 
                        (A)(i) to identify or locate the visual 
                        depiction that is the subject of the 
                        notification and does not contain the 
                        complainant contact information described in 
                        subparagraph (A)(ii) (or if the provider is 
                        unable to contact the complainant using such 
                        information), no further action by the provider 
                        is required and receipt of the notification 
                        shall not be considered in determining whether 
                        the provider has actual knowledge of any 
                        information described in the notification.
                            (iii) Treatment of notification not 
                        submitted to designated reporting system.--If a 
                        provider has a designated reporting system, and 
                        a complainant submits a notification under this 
                        subsection to the provider without using such 
                        system, the provider shall not be considered to 
                        have received the notification.
                    (E) Option to contact complainant regarding the 
                proscribed visual depiction involving a minor.--
                            (i) Contact with complainant.--If the 
                        provider believes that the proscribed visual 
                        depiction involving a minor referenced in the 
                        notification does not meet the definition of 
                        such term as provided in subsection (r)(10), 
                        the provider may, not later than 48 hours after 
                        receiving the notification (or, in the case of 
                        a small provider, not later than 2 business 
                        days after such notification is received by the 
                        small provider), contact the complainant via 
                        electronic mail address to so indicate.
                            (ii) Failure to respond.--If the 
                        complainant does not respond to the provider 
                        within 14 days after receiving the 
                        notification, no further action by the provider 
                        is required and receipt of the notification 
                        shall not be considered in determining whether 
                        the provider has actual knowledge of any 
                        information described in the notification.
                            (iii) Complainant response.--If the 
                        complainant responds to the provider within 14 
                        days after receiving the notification, the 
                        provider shall then proceed as set forth in 
                        paragraph (1), except that the applicable 
                        timeframes described in such paragraph shall 
                        commence on the day the provider receives the 
                        complainant's response.
                    (F) Service of notification where provider has no 
                designated reporting system; process where complainant 
                cannot serve provider.--
                            (i) No designated reporting system.--If a 
                        provider does not have a designated reporting 
                        system, a complainant may serve the provider 
                        with a notification under this subsection to 
                        the provider in the same manner that petitions 
                        are required to be served under subsection 
                        (g)(4).
                            (ii) Complainant cannot serve provider.--If 
                        a provider does not have a designated reporting 
                        system and a complainant cannot reasonably 
                        serve the provider with a notification as 
                        described in clause (i), the complainant may 
                        bring a petition under subsection (g)(1) 
                        without serving the provider with the 
                        notification.
                    (G) Recidivist hosting.--If a provider engages in 
                recidivist hosting of a proscribed visual depiction 
                relating to a child, in addition to any action taken 
                under this section, a complainant may submit a report 
                concerning such recidivist hosting to the CyberTipline 
                operated by the National Center for Missing and 
                Exploited Children, or any successor to the 
                CyberTipline operated by the National Center for 
                Missing and Exploited Children.
                    (H) Preservation.--A provider that receives a 
                complete notification under this subsection shall 
                preserve the information in such notification in 
                accordance with the requirements of sections 2713 and 
                2258A(h) of title 18, United States Code. For purposes 
                of this subparagraph, the period for which providers 
                shall be required to preserve information in accordance 
                with such section 2258A(h) may be extended in 90-day 
                increments on written request by the complainant or 
                order of the Board.
                    (I) Non-disclosure.--Except as otherwise provided 
                in subsection (g)(19)(C), for 180 days following 
                receipt of a notification under this subsection, a 
                provider may not disclose the existence of the 
                notification to any person or entity except to an 
                attorney for purposes of obtaining legal advice, the 
                Board, the Commission, a law enforcement agency 
                described in subparagraph (A), (B), or (C) of section 
                2258A(g)(3) of title 18, United States Code, the 
                National Center for Missing and Exploited Children, or 
                as necessary to respond to legal process. Nothing in 
                the preceding sentence shall be construed to infringe 
                on the provider's ability to communicate general 
                information about terms of service violations.
    (d) Establishment of Child Online Protection Board.--
            (1) In general.--There is established in the Federal Trade 
        Commission a Child Online Protection Board, which shall 
        administer and enforce the requirements of subsection (e) in 
        accordance with this section.
            (2) Officers and staff.--The Board shall be composed of 3 
        full-time Child Online Protection Officers who shall be 
        appointed by the Commission in accordance with paragraph 
        (5)(A). A vacancy on the Board shall not impair the right of 
        the remaining Child Online Protection Officers to exercise the 
        functions and duties of the Board.
            (3) Child online protection attorneys.--Not fewer than 2 
        full-time Child Online Protection Attorneys shall be hired to 
        assist in the administration of the Board.
            (4) Technological adviser.--One or more technological 
        advisers may be hired to assist with the handling of digital 
        evidence and consult with the Child Online Protection Officers 
        on matters concerning digital evidence and technological 
        issues.
            (5) Qualifications.--
                    (A) Officers.--
                            (i) In general.--Each Child Online 
                        Protection Officer shall be an attorney duly 
                        licensed in at least 1 United States 
                        jurisdiction who has not fewer than 7 years of 
                        legal experience concerning child sexual abuse 
                        material and technology-facilitated crimes 
                        against children.
                            (ii) Experience.--Two of the Child Online 
                        Protection Officers shall have substantial 
                        experience in the evaluation, litigation, or 
                        adjudication of matters relating to child 
                        sexual abuse material or technology-facilitated 
                        crimes against children.
                    (B) Attorneys.--Each Child Online Protection 
                Attorney shall be an attorney duly licensed in at least 
                1 United States jurisdiction who has not fewer than 3 
                years of substantial legal experience concerning child 
                sexual abuse material and technology-facilitated crimes 
                against children.
                    (C) Technological adviser.--A technological adviser 
                shall have at least one year of specialized experience 
                with digital forensic analysis.
            (6) Compensation.--
                    (A) Child online protection officers.--
                            (i) Definition.--In this subparagraph, the 
                        term ``senior level employee of the Federal 
                        Government'' means an employee, other than 
                        employee in the Senior Executive Service, the 
                        position of whom is classified above GS-15 of 
                        the General Schedule.
                            (ii) Pay range.--Each Child Online 
                        Protection Officer shall be compensated at a 
                        rate of pay that is not less than the minimum, 
                        and not more than the maximum, rate of pay 
                        payable for senior level employees of the 
                        Federal Government, including locality pay, as 
                        applicable.
                    (B) Child online protection attorneys.--Each Child 
                Online Protection Attorney shall be compensated at a 
                rate of pay that is not more than the maximum rate of 
                pay payable for level 10 of GS-15 of the General 
                Schedule, including locality pay, as applicable.
                    (C) Technological adviser.--A technological adviser 
                of the Board shall be compensated at a rate of pay that 
                is not more than the maximum rate of pay payable for 
                level 10 of GS-14 of the General Schedule, including 
                locality pay, as applicable.
            (7) Vacancy.--If a vacancy occurs in the position of Child 
        Online Protection Officer, the Commission shall act 
        expeditiously to appoint an Officer for that position.
            (8) Sanction or removal.--Subject to subsection (e)(2), the 
        Chair of the Commission or the Commission may sanction or 
        remove a Child Online Protection Officer.
            (9) Administrative support.--The Commission shall provide 
        the Child Online Protection Officers and Child Online 
        Protection Attorneys with necessary administrative support, 
        including technological facilities, to carry out the duties of 
        the Officers and Attorneys under this section. The Department 
        of Justice may provide equipment and guidance on the storage 
        and handling of proscribed visual depictions relating to 
        children.
            (10) Location of board.--The offices and facilities of the 
        Child Online Protection Officers and Child Online Protection 
        Attorneys shall be located at the headquarters or other office 
        of the Commission.
    (e) Authority and Duties of the Board.--
            (1) Functions.--
                    (A) Officers.--Subject to the provisions of this 
                section and applicable regulations, the functions of 
                the Officers of the Board shall be as follows:
                            (i) To render determinations on petitions 
                        that may be brought before the Officers under 
                        this section.
                            (ii) To ensure that petitions and responses 
                        are properly asserted and otherwise appropriate 
                        for resolution by the Board.
                            (iii) To manage the proceedings before the 
                        Officers and render determinations pertaining 
                        to the consideration of petitions and 
                        responses, including with respect to 
                        scheduling, discovery, evidentiary, and other 
                        matters.
                            (iv) To request, from participants and 
                        nonparticipants in a proceeding, the production 
                        of information and documents relevant to the 
                        resolution of a petition or response.
                            (v) To conduct hearings and conferences.
                            (vi) To facilitate the settlement by the 
                        parties of petitions and responses.
                            (vii) To impose fines as set forth in 
                        subsection (g)(24).
                            (viii) To provide information to the public 
                        concerning the procedures and requirements of 
                        the Board.
                            (ix) To maintain records of the proceedings 
                        before the Officers, certify official records 
                        of such proceedings as needed, and, as provided 
                        in subsection (g)(19)(A), make the records in 
                        such proceedings available to the public.
                            (x) To carry out such other duties as are 
                        set forth in this section.
                            (xi) When not engaged in performing the 
                        duties of the Officers set forth in this 
                        section, to perform such other duties as may be 
                        assigned by the Chair of the Commission or the 
                        Commission.
                    (B) Attorneys.--Subject to the provisions of this 
                section and applicable regulations, the functions of 
                the Attorneys of the Board shall be as follows:
                            (i) To provide assistance to the Officers 
                        of the Board in the administration of the 
                        duties of those Officers under this section.
                            (ii) To provide assistance to complainants, 
                        providers, and members of the public with 
                        respect to the procedures and requirements of 
                        the Board.
                            (iii) When not engaged in performing the 
                        duties of the Attorneys set forth in this 
                        section, to perform such other duties as may be 
                        assigned by the Commission.
                    (C) Designated service agents.--The Board may 
                maintain a publicly available directory of service 
                agents designated to receive service of petitions filed 
                with the Board.
            (2) Independence in determinations.--
                    (A) In general.--The Board shall render the 
                determinations of the Board in individual proceedings 
                independently on the basis of the records in the 
                proceedings before it and in accordance with the 
                provisions of this section, judicial precedent, and 
                applicable regulations of the Commission.
                    (B) Performance appraisals.--Notwithstanding any 
                other provision of law or any regulation or policy of 
                the Commission, any performance appraisal of an Officer 
                or Attorney of the Board may not consider the 
                substantive result of any individual determination 
                reached by the Board as a basis for appraisal except to 
                the extent that result may relate to any actual or 
                alleged violation of an ethical standard of conduct.
            (3) Direction by commission.--Subject to paragraph (2), the 
        Officers and Attorneys shall, in the administration of their 
        duties, be under the supervision of the Chair of the 
        Commission.
            (4) Inconsistent duties barred.--An Officer or Attorney of 
        the Board may not undertake any duty that conflicts with the 
        duties of the Officer or Attorney in connection with the Board.
            (5) Recusal.--An Officer or Attorney of the Board shall 
        recuse himself or herself from participation in any proceeding 
        with respect to which the Officer or Attorney, as the case may 
        be, has reason to believe that he or she has a conflict of 
        interest.
            (6) Ex parte communications.--Except as may otherwise be 
        permitted by applicable law, any party or interested owner 
        involved in a proceeding before the Board shall refrain from ex 
        parte communications with the Officers of the Board and the 
        Commission relevant to the merits of such proceeding before the 
        Board.
            (7) Judicial review.--Actions of the Officers and the 
        Commission under this section in connection with the rendering 
        of any determination are subject to judicial review as provided 
        under subsection (g)(28).
    (f) Conduct of Proceedings of the Board.--
            (1) In general.--Proceedings of the Board shall be 
        conducted in accordance with this section and regulations 
        established by the Commission under this section, in addition 
        to relevant principles of law.
            (2) Record.--The Board shall maintain records documenting 
        the proceedings before the Board.
            (3) Centralized process.--Proceedings before the Board 
        shall--
                    (A) be conducted at the offices of the Board 
                without the requirement of in-person appearances by 
                parties or others;
                    (B) take place by means of written submissions, 
                hearings, and conferences carried out through internet-
                based applications and other telecommunications 
                facilities, except that, in cases in which physical or 
                other nontestimonial evidence material to a proceeding 
                cannot be furnished to the Board through available 
                telecommunications facilities, the Board may make 
                alternative arrangements for the submission of such 
                evidence that do not prejudice any party or interested 
                owner; and
                    (C) be conducted and concluded in an expeditious 
                manner without causing undue prejudice to any party or 
                interested owner.
            (4) Representation.--
                    (A) In general.--A party or interested owner 
                involved in a proceeding before the Board may be, but 
                is not required to be, represented by--
                            (i) an attorney; or
                            (ii) a law student who is qualified under 
                        applicable law governing representation by law 
                        students of parties in legal proceedings and 
                        who provides such representation on a pro bono 
                        basis.
                    (B) Representation of victims.--
                            (i) In general.--A petition involving a 
                        victim under the age of 16 at the time the 
                        petition is filed shall be filed by an 
                        authorized representative, qualified 
                        organization, or a person described in 
                        subparagraph (A).
                            (ii) No requirement for qualified 
                        organizations to have contact with, or 
                        knowledge of, victim.--A qualified organization 
                        may submit a notification to a provider or file 
                        a petition on behalf of a victim without regard 
                        to whether the qualified organization has 
                        contact with the victim or knows the identity, 
                        location, or contact information of the victim.
    (g) Procedures To Contest a Failure To Remove a Proscribed Visual 
Depiction Relating to a Child or a Notification Reporting a Proscribed 
Visual Depiction Relating to a Child.--
            (1) Procedure to contest a failure to remove.--
                    (A) Complainant petition.--A complainant may file a 
                petition to the Board claiming that, as applicable--
                            (i) the complainant submitted a complete 
                        notification to a provider concerning a 
                        proscribed visual depiction relating to a 
                        child, and that--
                                    (I) the provider--
                                            (aa) did not remove the 
                                        proscribed visual depiction 
                                        relating to a child within the 
                                        timeframe required under 
                                        subsection (c)(1)(A)(i); or
                                            (bb) incorrectly claimed 
                                        that--

                                                    (AA) the visual 
                                                depiction at issue 
                                                could not be located or 
                                                removed through 
                                                reasonable means;

                                                    (BB) the 
                                                notification was 
                                                incomplete; or

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

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

SEC. 8. SEVERABILITY.

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