SEC. 2. PROTECTING CHILD VICTIMS AND WITNESSES IN 
FEDERAL COURT. 
(a) IN GENERAL.—Section 3509 of title 18, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)(A), by striking ‘‘or 
exploitation’’ and inserting ‘‘exploitation, or 
kidnapping, including international parental 
kidnapping’’; 
(B) in paragraph (3), by striking ‘‘physical 
or mental injury’’ and inserting ‘‘physical in-
jury, psychological abuse’’; 
(C) by striking paragraph (5) and insert-
ing 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 
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‘‘(iv) the confinement of the child 
without the child’s consent and in degrad-
ing conditions;’’; 
(D) in paragraph (6), by striking ‘‘child 
prostitution’’ and inserting ‘‘child sex traf-
ficking’’; 
(E) by striking paragraph (7) and insert-
ing the following: 
‘‘(7) the term ‘multidisciplinary child abuse 
team’ means a professional unit of individuals work-
ing 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 serv-
ice agencies that represent the child; 
‘‘(B) law enforcement agencies and pros-
ecutorial offices; and 
‘‘(C) children’s advocacy centers;’’; 
(F) in paragraph (9)(D)— 
(i) by striking ‘‘genitals’’ and insert-
ing ‘‘anus, genitals,’’; and 
(ii) by striking ‘‘or animal’’; 
(G) in paragraph (11), by striking ‘‘and’’ 
at the end; 
(H) in paragraph (12)— 
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(i) by striking ‘‘the term ‘child abuse’ 
does not’’ and inserting ‘‘the terms ‘phys-
ical injury’ and ‘psychological abuse’ do 
not’’; and 
(ii) by striking the period and insert-
ing 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 kid-
napping, 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 com-
mitted; 
‘‘(14) the term ‘protected information’, with re-
spect to a covered person, includes— 
‘‘(A) personally identifiable information of 
the covered person, including— 
‘‘(i) the name of the covered person; 
‘‘(ii) an address; 
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‘‘(iii) a phone number; 
‘‘(iv) a user name or identifying infor-
mation 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 com-
bined with other information that is linked 
or linkable to the covered person; 
‘‘(B) medical, dental, behavioral, psy-
chiatric, or psychological information of the cov-
ered person; 
‘‘(C) educational or juvenile justice records 
of the covered person; and 
‘‘(D) any other information concerning the 
covered person that is deemed ‘protected infor-
mation’ by order of the court under subsection 
(d)(5); and 
‘‘(15) the term ‘child pornography’ has the 
meaning given the term in section 2256(8).’’; 
(2) in subsection (b)— 
(A) in paragraph (1)(C), by striking 
‘‘minor’’ and inserting ‘‘child’’; and 
(B) in paragraph (2)— 
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(i) 
in 
the 
heading, 
by 
striking 
‘‘VIDEOTAPED’’ 
and 
inserting 
‘‘RE-
CORDED’’; 
(ii) in subparagraph (A), by striking 
‘‘that the deposition be recorded and pre-
served 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 in-
serting ‘‘that a video recording of the 
child’s deposition be made and pre-
served’’; 
(II) in clause (iii)— 
(aa) in the matter preceding 
subclause (I), by striking ‘‘video-
tape’’ and inserting ‘‘recorded’’; 
and 
(bb) in subclause (IV), by 
striking ‘‘videotape’’ and insert-
ing ‘‘recording’’; and 
(III) in clause (v)— 
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(aa) in the heading, by 
striking ‘‘VIDEOTAPE’’ and in-
serting ‘‘VIDEO RECORDING’’; 
(bb) in the first sentence, by 
striking ‘‘made and preserved on 
video tape’’ and inserting ‘‘re-
corded and preserved’’; and 
(cc) in the second sentence, 
by striking ‘‘videotape’’ and in-
serting ‘‘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)— 
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(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 de-
scribed in clause (i) or the informa-
tion in them that concerns a child’’ 
and inserting ‘‘a covered person’s pro-
tected information’’; and 
(II) by striking ‘‘, have reason to 
know such information’’ and inserting 
‘‘(including witnesses or potential wit-
nesses), 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), respec-
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tively, and adjusting the margins accord-
ingly; 
(iii) by striking ‘‘All papers’’ and in-
serting the following: 
‘‘(A) IN GENERAL.—All papers’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(B) ENFORCEMENT
OF
VIOLATIONS.— 
The court may address a violation of subpara-
graph (A) in the same manner as disobedience 
or resistance to a lawful court order under sec-
tion 401(3).’’; 
(C) in paragraph (3)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘a child from pub-
lic disclosure of the name of or any 
other 
information 
concerning 
the 
child’’ and inserting ‘‘a covered per-
son’s protected information from pub-
lic disclosure’’; and 
(II) by striking ‘‘, if the court de-
termines that there is a significant 
possibility that such disclosure would 
be detrimental to the child’’; 
(ii) in subparagraph (B)— 
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(I) in clause (i)— 
(aa) by striking ‘‘a child wit-
ness, and the testimony of any 
other 
witness’’ 
and 
inserting 
‘‘any witness’’; and 
(bb) by striking ‘‘the name 
of or any other information con-
cerning a child’’ and inserting ‘‘a 
covered person’s protected infor-
mation’’; and 
(II) in clause (ii), by striking 
‘‘child’’ and inserting ‘‘covered per-
son’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C)(i) For purposes of this paragraph, there 
shall be a presumption that public disclosure of a 
covered person’s protected information would be det-
rimental to the covered person. 
‘‘(ii) The court shall deny a motion for a pro-
tective 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)— 
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(i) by striking ‘‘This subsection’’ and 
inserting the following: 
‘‘(A) DISCLOSURE TO CERTAIN PARTIES.— 
This subsection’’; 
(ii) in subparagraph (A), as so des-
ignated— 
(I) by striking ‘‘the name of or 
other information concerning a child’’ 
and inserting ‘‘a covered person’s pro-
tected information’’; and 
(II) by striking ‘‘or an adult at-
tendant, or to’’ and inserting ‘‘an 
adult attendant, a law enforcement 
agency for any intelligence or inves-
tigative purpose, or’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) REQUEST
FOR
PUBLIC
DISCLO-
SURE.—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 pub-
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lic interest in publicly disclosing the cov-
ered 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 presump-
tions under this subsection.’’; 
(4) by striking subsection (f) and inserting the 
following: 
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‘‘(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 multidisci-
plinary child abuse team, if applicable, or other ap-
propriate sources to determine the impact of the of-
fense 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 re-
port 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 per-
sonal 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.— 
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‘‘(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.—Pay-
ments from appropriations authorized under 
subparagraph (A) shall be made under the su-
pervision of the Director of the Administrative 
Office of the United States Courts.’’; 
(6) in subsection (i)— 
(A) by striking ‘‘A child testifying at or at-
tending a judicial proceeding’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—A child testifying at a judi-
cial 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— 
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‘‘(A) at a judicial proceeding, a video re-
cording 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 depo-
sition. 
‘‘(3) COVERED
PERSONS
ATTENDING
PRO-
CEEDING.—A covered person shall have the right to 
be accompanied by an adult attendant when attend-
ing 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 defend-
ant’s rights’’; 
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(8) in subsection (k), by striking ‘‘child’’ each 
place the term appears and inserting ‘‘covered per-
son’’; 
(9) in subsection (l), by striking ‘‘child’’ each 
place the term appears and inserting ‘‘covered per-
son’’; and 
(10) in subsection (m)— 
(A) by striking ‘‘(as defined by section 
2256 of this title)’’ each place it appears; 
(B) in paragraph (1), by inserting ‘‘and 
any civil action brought under section 2255 or 
2255A’’ after ‘‘any criminal proceeding’’; 
(C) in paragraph (2), by adding at the end 
the following: 
‘‘(C)(i) Notwithstanding Rule 26 of the Federal 
Rules of Civil Procedure, a court shall deny, in any 
civil action brought under section 2255 or 2255A, 
any request by any party to copy, photograph, dupli-
cate, or otherwise reproduce any property or mate-
rial that constitutes child pornography. 
‘‘(ii) In a civil action brought under section 
2255 or 2255A, for purposes of paragraph (1), the 
court may— 
‘‘(I) order the plaintiff or defendant to 
provide to the court or the Government, as ap-
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plicable, any equipment necessary to maintain 
care, custody, and control of such property or 
material; and 
‘‘(II) take reasonable measures, and may 
order the Government (if such property or ma-
terial is in the care, custody, and control of the 
Government) to take reasonable measures, to 
provide each party to the action, the attorney of 
each party, and any individual a party may seek 
to qualify as an expert, with ample opportunity 
to inspect, view, and examine such property or 
material at the court or a Government facility, 
as applicable.’’; and 
(D) in paragraph (3)— 
(i) by inserting ‘‘and during the 1- 
year period following the date on which the 
criminal proceeding becomes final or is ter-
minated’’ after ‘‘any criminal proceeding’’; 
and 
(ii) by striking ‘‘, as defined under 
section 2256(8),’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to conduct that occurs before, on, 
or after the date of enactment of this Act. 
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SEC. 3. FACILITATING PAYMENT OF RESTITUTION; TECH-
NICAL AMENDMENTS TO RESTITUTION STAT-
UTES. 
Title 18, United States Code, is amended— 
(1) in section 1593(c)— 
(A) by inserting ‘‘(1)’’ after ‘‘(c)’’; 
(B) by striking ‘‘chapter, including, in’’ 
and inserting the following: ‘‘chapter. 
‘‘(2) In’’; and 
(C) in paragraph (2), as so designated, by 
inserting ‘‘may assume the rights of the victim 
under this section’’ after ‘‘suitable by the 
court’’; 
(2) in section 2248(c)— 
(A) by striking ‘‘For purposes’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—For purposes’’; 
(B) by striking ‘‘chapter, including, in’’ 
and inserting the following: ‘‘chapter. 
‘‘(2) 
ASSUMPTION
OF
CRIME
VICTIM’S 
RIGHTS.—In’’; and 
(C) in paragraph (2), as so designated, by 
inserting ‘‘may assume the rights of the victim 
under this section’’ after ‘‘suitable by the 
court’’; 
(3) in section 2259— 
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(A) by striking subsection (a) and insert-
ing the following: 
‘‘(a) IN GENERAL.—Notwithstanding section 3663 or 
3663A, and in addition to any other civil or criminal pen-
alty authorized by law, the court shall order restitution 
for any offense under— 
‘‘(1) section 1466A, to the extent the conduct 
involves a visual depiction of an identifiable minor; 
or 
‘‘(2) this chapter.’’; 
(B) in subsection (b)— 
(i) in paragraph (1), by striking ‘‘DI-
RECTIONS.—Except as provided in para-
graph (2), the’’ and inserting ‘‘RESTITU-
TION FOR CHILD PORNOGRAPHY PRODUC-
TION.—If the defendant was convicted of 
child pornography production, the’’; and 
(ii) in paragraph (2)(B), by striking 
‘‘$3,000.’’ and inserting the following: ‘‘— 
‘‘(i) $3,000; or 
‘‘(ii) 10 percent of the full amount of 
the victim’s losses, if the full amount of 
the victim’s losses is less than $3,000.’’; 
and 
(C) in subsection (c)— 
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(i) by striking paragraph (1) and in-
serting the following: 
‘‘(1) CHILD PORNOGRAPHY PRODUCTION.—For 
purposes of this section and section 2259A, the term 
‘child pornography production’ means— 
‘‘(A) a violation of, attempted violation of, 
or conspiracy to violate section 1466A(a) to the 
extent the conduct involves production of a vis-
ual depiction of an identifiable minor; 
‘‘(B) a violation of, attempted violation of, 
or conspiracy to violate section 1466A(a) involv-
ing possession with intent to distribute, or sec-
tion 1466A(b), to the extent the conduct in-
volves a visual depiction of an identifiable 
minor— 
‘‘(i) produced by the defendant; or 
‘‘(ii) that the defendant attempted or 
conspired to produce; 
‘‘(C) a violation of subsection (a), (b), or 
(c) of section 2251, or an attempt or conspiracy 
to violate any of those subsections under sub-
section (e) of that section; 
‘‘(D) a violation of section 2251A; 
‘‘(E) a violation of section 2252(a)(4) or 
2252A(a)(5), or an attempt or conspiracy to 
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‘‘(ii) that the defendant did not at-
tempt or conspire to produce; 
‘‘(C) a violation of subsection (d) of section 
2251 or an attempt or conspiracy to violate 
that subsection under subsection (e) of that sec-
tion; 
‘‘(D) a violation of paragraph (1), (2), or 
(3) of subsection (a) of section 2252, or an at-
tempt or conspiracy to violate any of those 
paragraphs under subsection (b)(1) of that sec-
tion; 
‘‘(E) a violation of section 2252(a)(4) or 
2252A(a)(5), or an attempt or conspiracy to 
violate either of those sections under section 
2252(b)(2) or 2252A(b)(2), to the extent such 
conduct involves child pornography— 
‘‘(i) not produced by the defendant; or 
‘‘(ii) that the defendant did not at-
tempt or conspire to produce; 
‘‘(F) a violation of paragraph (1), (2), (3), 
(4), or (6) of subsection (a) of section 2252A, 
or an attempt or conspiracy to violate any of 
those paragraphs under subsection (b)(1) of 
that section; 
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‘‘(G) a violation of subsection (a)(7) of sec-
tion 2252A, or an attempt or conspiracy to vio-
late that subsection under subsection (b)(3) of 
that section, to the extent the conduct involves 
distribution; 
‘‘(H) a violation of section 2252A(g) if the 
series of felony violations exclusively involves 
violations described in this paragraph (except 
subparagraphs (A) and (B)); 
‘‘(I) a violation of subsection (b) of section 
2260, or an attempt or conspiracy to violate 
that subsection under subsection (c)(2) of that 
section; and 
‘‘(J) a violation of subsection (a)(1) of sec-
tion 2260B, or a violation of subsection (a)(2) 
of that section for promoting or facilitating an 
offense described in this paragraph (except sub-
paragraphs (A) and (B)).’’; and 
(iii) in paragraph (4), in the first sen-
tence, by inserting ‘‘or an identifiable 
minor harmed as a result of the commis-
sion of a crime under section 1466A’’ after 
‘‘under this chapter’’; 
(4) in section 2259A(a)— 
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(A) in paragraph (1), by striking ‘‘under 
section 2252(a)(4) or 2252A(a)(5)’’ and insert-
ing ‘‘described in subparagraph (B) or (E) of 
section 2259(c)(3)’’; and 
(B) in paragraph (2), by striking ‘‘any 
other offense for trafficking in child pornog-
raphy’’ and inserting ‘‘any offense for traf-
ficking in child pornography other than an of-
fense described in subparagraph (B) or (E) of 
section 2259(c)(3)’’; 
(5) in section 2429— 
(A) in subsection (b)(3), by striking 
‘‘2259(b)(3)’’ and inserting ‘‘2259(c)(2)’’; and 
(B) in subsection (d)— 
(i) by inserting ‘‘(1)’’ after ‘‘(d)’’; 
(ii) by striking ‘‘chapter, including, 
in’’ and inserting the following: ‘‘chapter. 
‘‘(2) In’’; and 
(iii) in paragraph (2), as so des-
ignated, by inserting ‘‘may assume the 
rights of the victim under this section’’ 
after ‘‘suitable by the court’’; and 
(6) in section 3664, by adding at the end the 
following: 
‘‘(q) TRUSTEE OR OTHER FIDUCIARY.— 
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‘‘(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 de-
scribed 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 res-
titution in a trust or other official account for 
the benefit of the victim. 
‘‘(B) COVERED
VICTIMS.—A victim re-
ferred 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 for-
eign citizen or stateless person residing 
outside the United States. 
‘‘(2) ORDER.—When the court appoints a trust-
ee or other fiduciary under paragraph (1), the court 
shall issue an order specifying— 
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‘‘(A) the duties of the trustee or other fi-
duciary, 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 inter-
est; 
‘‘(ii) may not profit from the adminis-
tration of the trust or maintaining an offi-
cial 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 ac-
count 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 admin-
istering the trust or maintaining the official ac-
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count for the benefit of the victim, and the 
schedule for payment of those fees. 
‘‘(3) FACT-FINDING REGARDING FOREIGN CITI-
ZENS AND STATELESS PERSON.—In the case of a 
victim who is a foreign citizen or stateless person re-
siding outside the United States and is not under 
the age of 18 at the time of the proceeding or in-
competent 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 vic-
tim 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 fidu-
ciary— 
‘‘(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
PROVI-
SIONS.—With respect to a court order under 
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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.—Im-
position of payment under subparagraph (A)(ii) 
shall not relieve a defendant of, or entitle a de-
fendant to a reduction in the amount of, any 
special assessment, restitution, other fines, pen-
alties, 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 subpara-
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graph (A)(ii), the court may provide a payment 
schedule that is concurrent with the payment of 
any other financial obligation described in sub-
paragraph (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.—Pay-
ments from appropriations authorized under 
subparagraph (A) shall be made under the su-
pervision of the Director of the Administrative 
Office of the United States Courts.’’. 
SEC. 4. CYBERTIPLINE IMPROVEMENTS, AND ACCOUNT-
ABILITY 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 prolifera-
tion of online child exploitation and to prevent the 
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online sexual exploitation of children, as soon as rea-
sonably possible after obtaining actual knowledge of 
any facts or circumstances described in paragraph 
(2) or any apparent child pornography on the pro-
vider’s service, and in any event not later than 60 
days after obtaining such knowledge, a provider 
shall submit to the CyberTipline of NCMEC, or any 
successor to the CyberTipline operated by NCMEC, 
a report containing— 
‘‘(A) the mailing address, telephone num-
ber, facsimile number, electronic mailing ad-
dress of, and individual point of contact for, 
such provider; and 
‘‘(B) information described in subsection 
(b) concerning such facts or circumstances or 
apparent child pornography, including any 
available information to identify or locate any 
involved minor. 
‘‘(2) FACTS OR CIRCUMSTANCES.—The facts or 
circumstances described in this paragraph are any 
facts or circumstances indicating an apparent, 
planned, or imminent violation of section 1591 (if 
the violation involves a minor), 2251, 2251A, 2252, 
2252A, 2252B, 2260, or 2422(b). 
‘‘(b) CONTENTS OF REPORT.— 
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‘‘(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 con-
trol of a provider, each report provided under sub-
section (a)(1)— 
‘‘(A) shall include, to the extent that it is 
applicable and reasonably available— 
‘‘(i) the name, address, electronic mail 
address, user or account identification, 
Internet Protocol address, and uniform re-
source locator of any individual who is a 
subject of the report; 
‘‘(ii) the terms of service in effect at 
the time of— 
‘‘(I) the apparent violation; or 
‘‘(II) the detection of apparent 
child pornography or a planned or im-
minent violation; 
‘‘(iii) a copy of any apparent child 
pornography that is the subject of the re-
port that was identified in a publicly avail-
able location; 
‘‘(iv) for each item of apparent child 
pornography included in the report under 
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clause (iii) or paragraph (2)(E), informa-
tion indicating whether— 
‘‘(I) the apparent child pornog-
raphy was publicly available; or 
‘‘(II) the provider, in its sole dis-
cretion, viewed the apparent child por-
nography, 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 re-
port, an indication as to whether the ap-
parent child pornography— 
‘‘(I) has previously been the sub-
ject of a report under subsection 
(a)(1); or 
‘‘(II) is the subject of multiple 
contemporaneous reports due to rapid 
and widespread distribution; and 
‘‘(B) may, at the sole discretion of the pro-
vider, include the information described in para-
graph (2) of this subsection. 
‘‘(2) OTHER
INFORMATION.—The information 
referred to in paragraph (1)(B) is the following: 
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‘‘(A) INFORMATION ABOUT ANY INVOLVED 
INDIVIDUAL.—Any information relating to the 
identity or location of any individual who is a 
subject of the report, including payment infor-
mation (excluding personally identifiable infor-
mation) and self-reported identifying or locating 
information. 
‘‘(B) INFORMATION ABOUT ANY INVOLVED 
MINOR.—Information relating to the identity or 
location of any involved minor, which may in-
clude an address, electronic mail address, Inter-
net Protocol address, uniform resource locator, 
or any other information that may identify or 
locate any involved minor, including self-re-
ported identifying or locating information. 
‘‘(C) HISTORICAL REFERENCE.—Informa-
tion relating to when and how a customer or 
subscriber of a provider uploaded, transmitted, 
or received content relating to the report or 
when and how content relating to the report 
was reported to, or discovered by the provider, 
including a date and time stamp and time zone. 
‘‘(D) GEOGRAPHIC
LOCATION
INFORMA-
TION.—Information relating to the geographic 
location of the involved individual or website, 
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which may include the Internet Protocol ad-
dress or verified address, or, if not reasonably 
available, at least one form of geographic iden-
tifying information, including area code or zip 
code, provided by the customer or subscriber, or 
stored or obtained by the provider. 
‘‘(E) APPARENT CHILD PORNOGRAPHY.— 
Any apparent child pornography not described 
in paragraph (1)(A)(iii), or other content re-
lated to the subject of the report. 
‘‘(F) COMPLETE
COMMUNICATION.—The 
complete communication containing any appar-
ent child pornography or other content, includ-
ing— 
‘‘(i) any data or information regard-
ing the transmission of the communication; 
and 
‘‘(ii) any visual depictions, data, or 
other digital files contained in, or attached 
to, the communication. 
‘‘(G) TECHNICAL IDENTIFIER.—An indus-
try-standard hash value or other similar indus-
try-standard technical identifier for any re-
ported visual depiction as it existed on the pro-
vider’s service. 
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‘‘(H) DESCRIPTION.—For any item of ap-
parent child pornography that is the subject of 
the report, an indication of whether— 
‘‘(i) the depicted sexually explicit con-
duct involves— 
‘‘(I) genital, oral, or anal sexual 
intercourse; 
‘‘(II) bestiality; 
‘‘(III) masturbation; 
‘‘(IV) sadistic or masochistic 
abuse; or 
‘‘(V) lascivious exhibition of the 
anus, genitals, or pubic area of any 
person; and 
‘‘(ii) the depicted minor is— 
‘‘(I) an infant or toddler; 
‘‘(II) prepubescent; 
‘‘(III) pubescent; 
‘‘(IV) post-pubescent; or 
‘‘(V) of an indeterminate age or 
developmental stage. 
‘‘(3) FORMATTING OF REPORTS.—When a pro-
vider includes any information described in para-
graph (1) or, at its sole discretion, any information 
described in paragraph (2) in a report to the 
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CyberTipline of NCMEC, or any successor to the 
CyberTipline operated by NCMEC, the provider 
shall use best efforts to ensure that the report con-
forms with the structure of the CyberTipline or the 
successor, as applicable. 
‘‘(c) FORWARDING OF REPORT AND OTHER INFOR-
MATION TO LAW ENFORCEMENT.— 
‘‘(1) IN GENERAL.—Pursuant to its clearing-
house role as a private, nonprofit organization, and 
at the conclusion of its review in furtherance of its 
nonprofit mission, NCMEC shall make available 
each report submitted under subsection (a)(1) to one 
or more of the following law enforcement agencies: 
‘‘(A) Any Federal law enforcement agency 
that is involved in the investigation of child sex-
ual 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 sub-
section (d)(3) or a foreign law enforcement 
agency that has an established relationship with 
the Federal Bureau of Investigation, Immigra-
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tion 
and 
Customs 
Enforcement, 
or 
INTERPOL, and is involved in the investiga-
tion of child sexual exploitation, kidnapping, or 
enticement crimes. 
‘‘(2) TECHNICAL
IDENTIFIERS.—If a report 
submitted under subsection (a)(1) contains an in-
dustry-standard hash value or other similar indus-
try-standard technical identifier— 
‘‘(A) NCMEC may compare that hash 
value or identifier with any database or reposi-
tory of visual depictions owned or operated by 
NCMEC; and 
‘‘(B) if the comparison under subpara-
graph (A) results in a match, NCMEC may in-
clude the matching visual depiction from its 
database or repository when forwarding the re-
port to an agency described in subparagraph 
(A) or (B) of paragraph (1).’’; 
(B) in subsection (d)— 
(i) in paragraph (2), by striking ‘‘sub-
section (c)(1)’’ and inserting ‘‘subsection 
(c)(1)(A)’’; 
(ii) in paragraph (3)— 
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(I) in subparagraph (A), by strik-
ing ‘‘subsection (c)(3)’’ and inserting 
‘‘subsection (c)(1)(C)’’; and 
(II) in subparagraph (C), by 
striking ‘‘subsection (c)(3)’’ and in-
serting ‘‘subsection (c)(1)(C)’’; and 
(iii) in paragraph (5)(B)— 
(I) in clause (i), by striking ‘‘for-
warded’’ and inserting ‘‘made avail-
able’’; and 
(II) in clause (ii), by striking 
‘‘forwarded’’ and inserting ‘‘made 
available’’; 
(C) by striking subsection (e) and inserting 
the following: 
‘‘(e) FAILURE TO COMPLY WITH REQUIREMENTS.— 
‘‘(1) CRIMINAL PENALTY.— 
‘‘(A) OFFENSE.—It shall be unlawful for a 
provider to knowingly— 
‘‘(i) fail to submit a report under sub-
section (a)(1) within the time period re-
quired by that subsection; or 
‘‘(ii) fail to preserve material as re-
quired under subsection (h). 
‘‘(B) PENALTY.— 
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‘‘(i) IN
GENERAL.—A provider that 
violates subparagraph (A) shall be fined— 
‘‘(I) in the case of an initial vio-
lation, not more than— 
‘‘(aa) $850,000 if the pro-
vider 
has 
not 
fewer 
than 
100,000,000 
monthly 
active 
users; or 
‘‘(bb) $600,000 if the pro-
vider has fewer than 100,000,000 
monthly active users; and 
‘‘(II) in the case of any second or 
subsequent violation, not more than— 
‘‘(aa) $1,000,000 if the pro-
vider 
has 
not 
fewer 
than 
100,000,000 
monthly 
active 
users; or 
‘‘(bb) $850,000 if the pro-
vider has fewer than 100,000,000 
monthly active users. 
‘‘(ii) HARM
TO
INDIVIDUALS.—The 
maximum fine under clause (i) shall be 
doubled if an individual is harmed as a di-
rect and proximate result of the applicable 
violation. 
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‘‘(2) CIVIL PENALTY.— 
‘‘(A) 
VIOLATIONS
RELATING
TO 
CYBERTIPLINE REPORTS AND MATERIAL PRES-
ERVATION.—A provider shall be liable to the 
United States Government for a civil penalty in 
an amount of not less than $50,000 and not 
more than $250,000 if the provider know-
ingly— 
‘‘(i) fails to submit a report under 
subsection (a)(1) within the time period re-
quired by that subsection; 
‘‘(ii) fails to preserve material as re-
quired under subsection (h); or 
‘‘(iii) submits a report under sub-
section (a)(1) that— 
‘‘(I) contains materially false or 
fraudulent information; or 
‘‘(II) omits information described 
in subsection (b)(1)(A) that is reason-
ably 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— 
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‘‘(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 pro-
vider that commits a violation described in sub-
paragraph (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 
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subparagraph (A) or (B) of this paragraph may 
only be brought by the United States Govern-
ment. 
‘‘(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 Pornog-
raphy Victims Reserve as provided in section 
2259B.’’; 
(D) in subsection (f), by striking para-
graph (3) and inserting the following: 
‘‘(3) affirmatively search, screen, or scan for— 
‘‘(A) facts or circumstances described in 
subsection (a)(2); 
‘‘(B) information described in subsection 
(b)(2); or 
‘‘(C) any apparent child pornography.’’; 
(E) in subsection (g)— 
(i) in paragraph (2)(A)— 
(I) in clause (iii), by inserting 
‘‘or personnel at a children’s advocacy 
center’’ after ‘‘State)’’; and 
(II) in clause (iv), by striking 
‘‘State or subdivision of a State’’ and 
inserting ‘‘State, subdivision of a 
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State, or children’s advocacy center’’; 
and 
(ii) in paragraph (3), in the matter 
preceding subparagraph (A), by striking 
‘‘subsection (a)’’ and inserting ‘‘subsection 
(a)(1)’’; 
(F) in subsection (h), by adding at the end 
the following: 
‘‘(5) RELATION
TO
REPORTING
REQUIRE-
MENT.—Submission of a report as described in sub-
section (a)(1) does not satisfy the obligations under 
this subsection.’’; and 
(G) by adding at the end the following: 
‘‘(i) ANNUAL REPORT.— 
‘‘(1) IN GENERAL.—Not later than March 31 of 
the second year beginning after the date of enact-
ment of the STOP CSAM Act of 2024, and of each 
year thereafter, a provider that had more than 
1,000,000 unique monthly visitors or users during 
each month of the preceding year and accrued rev-
enue 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 fol-
lowing information for the preceding year to the ex-
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tent such information is applicable and reasonably 
available: 
‘‘(A) CYBERTIPLINE DATA.— 
‘‘(i) The total number of reports that 
the provider submitted under subsection 
(a)(1). 
‘‘(ii) Which items of information de-
scribed in subsection (b)(2) are routinely 
included in the reports submitted by the 
provider under subsection (a)(1). 
‘‘(B) REPORT AND REMOVE DATA.—With 
respect to section 6 of the STOP CSAM Act of 
2024— 
‘‘(i) a description of the provider’s 
designated reporting system; 
‘‘(ii) the number of complete notifica-
tions received; 
‘‘(iii) the number of items of child 
sexual abuse material that were removed; 
and 
‘‘(iv) the total amount of any fine or-
dered and paid. 
‘‘(C) OTHER
REPORTING
TO
THE
PRO-
VIDER.— 
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‘‘(i) The measures the provider has in 
place to receive other reports concerning 
child sexual exploitation and abuse using 
the provider’s product or on the provider’s 
service. 
‘‘(ii) The average time for responding 
to reports described in clause (i). 
‘‘(iii) The number of reports described 
in clause (i) that the provider received. 
‘‘(iv) A summary description of the 
actions taken upon receipt of the reports 
described in clause (i). 
‘‘(D) POLICIES.— 
‘‘(i) A description of the policies of 
the provider with respect to the commis-
sion of child sexual exploitation and abuse 
using the provider’s product or on the pro-
vider’s service, including how child sexual 
exploitation and abuse is defined. 
‘‘(ii) A description of possible con-
sequences for violations of the policies de-
scribed in clause (i). 
‘‘(iii) The methods of informing users 
of the policies described in clause (i). 
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‘‘(iv) The process for adjudicating po-
tential violations of the policies described 
in clause (i). 
‘‘(E) CULTURE OF SAFETY.— 
‘‘(i) The measures and technologies 
that the provider deploys to protect chil-
dren from sexual exploitation and abuse 
using the provider’s product or service. 
‘‘(ii) The measures and technologies 
that the provider deploys to prevent the 
use of the provider’s product or service by 
individuals seeking to commit child sexual 
exploitation and abuse. 
‘‘(iii) Factors that interfere with the 
provider’s ability to detect or evaluate in-
stances of child sexual exploitation and 
abuse. 
‘‘(iv) An assessment of the efficacy of 
the measures and technologies described in 
clauses (i) and (ii) and the impact of the 
factors described in clause (iii). 
‘‘(F) SAFETY BY DESIGN.—The measures 
that the provider takes before launching a new 
product or service to assess— 
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‘‘(i) the safety risks for children with 
respect to sexual exploitation and abuse; 
and 
‘‘(ii) whether and how individuals 
could use the new product or service to 
commit child sexual exploitation and abuse. 
‘‘(G) TRENDS AND PATTERNS.—Any infor-
mation concerning emerging trends and chang-
ing patterns with respect to the commission of 
online child sexual exploitation and abuse. 
‘‘(2) 
AVOIDING
DUPLICATION.—Notwith-
standing the requirement under the matter pre-
ceding paragraph (1) that information be submitted 
annually, in the case of any report submitted under 
that paragraph after the initial report, a provider 
shall submit information described in subparagraphs 
(D) through (G) of that paragraph not less fre-
quently than once every 3 years or when new infor-
mation is available, whichever is more frequent. 
‘‘(3) LIMITATION.—Nothing in paragraph (1) 
shall require the disclosure of trade secrets or other 
proprietary information. 
‘‘(4) PUBLICATION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Attorney General and the Chair 
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of the Federal Trade Commission shall publish 
the reports received under this subsection. 
‘‘(B) REDACTION.— 
‘‘(i) 
IN
GENERAL.—The 
Attorney 
General and Chair of the Federal Trade 
Commission shall redact from a report 
published under subparagraph (A) any in-
formation as necessary to avoid— 
‘‘(I) undermining the efficacy of 
a safety measure described in the re-
port; or 
‘‘(II) revealing how a product or 
service of a provider may be used to 
commit online child sexual exploi-
tation and abuse. 
‘‘(ii) ADDITIONAL REDACTION.— 
‘‘(I) REQUEST.—In addition to 
information redacted under clause (i), 
a provider may request the redaction, 
from a report published under sub-
paragraph (A), of any information 
that is law enforcement sensitive or 
otherwise not suitable for public dis-
tribution. 
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‘‘(II) AGENCY DISCRETION.—The 
Attorney General and Chair of the 
Federal Trade Commission— 
‘‘(aa) shall consider a re-
quest made under subclause (I); 
and 
‘‘(bb) may, in their discre-
tion, redact from a report pub-
lished under subparagraph (A) 
any information that is law en-
forcement sensitive or otherwise 
not suitable for public distribu-
tion, whether or not requested.’’; 
(2) in section 2258B— 
(A) by striking subsection (a) and insert-
ing the following: 
‘‘(a) IN GENERAL.— 
‘‘(1) LIMITED LIABILITY.—Except as provided 
in subsection (b), a civil claim or criminal charge de-
scribed in paragraph (2) may not be brought in any 
Federal or State court. 
‘‘(2) COVERED CLAIMS AND CHARGES.—A civil 
claim or criminal charge referred to in paragraph 
(1) is a civil claim or criminal charge against a pro-
vider or domain name registrar, including any direc-
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tor, officer, employee, or agent of such provider or 
domain name registrar, that is directly attributable 
to— 
‘‘(A) the performance of the reporting or 
preservation responsibilities of such provider or 
domain name registrar under this section, sec-
tion 2258A, or section 2258C; 
‘‘(B) transmitting, distributing, or mailing 
child pornography to any Federal, State, or 
local law enforcement agency, or giving such 
agency access to child pornography, in response 
to a search warrant, court order, or other legal 
process issued or obtained by such agency; or 
‘‘(C) the use by the provider or domain 
name registrar of any material being preserved 
under section 2258A(h) by such provider or 
registrar for research conducted voluntarily and 
in good faith for the sole and exclusive purpose 
of— 
‘‘(i) improving or facilitating reporting 
under this section, section 2258A, or sec-
tion 2258C; or 
‘‘(ii) stopping the online sexual exploi-
tation of children.’’; and 
(B) in subsection (b)— 
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(i) in paragraph (1), by striking ‘‘; 
or’’ and inserting ‘‘or knowingly failed to 
comply with a requirement under section 
2258A;’’; 
(ii) in paragraph (2)(C)— 
(I) by striking ‘‘this section, sec-
tions’’ and inserting ‘‘this section or 
section’’; and 
(II) by striking the period and 
inserting ‘‘; or’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(3) for purposes of subsection (a)(2)(C), 
knowingly distributed or transmitted the material, or 
made the material available, except as required by 
law, to— 
‘‘(A) any other entity; 
‘‘(B) any person not employed by the pro-
vider or domain name registrar; or 
‘‘(C) any person employed by the provider 
or domain name registrar who is not conducting 
any research described in that subsection.’’; 
(3) in section 2258C— 
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(A) in the section heading, by striking 
‘‘the 
CyberTipline’’ 
and 
inserting 
‘‘NCMEC’’; 
(B) in subsection (a)— 
(i) in the subsection heading, by strik-
ing ‘‘ELEMENTS’’ and inserting ‘‘PROVI-
SION TO PROVIDERS AND NONPROFIT EN-
TITIES’’; 
(ii) in paragraph (1)— 
(I) by striking ‘‘to a provider’’ 
and inserting the following: ‘‘or sub-
mission to the child victim identifica-
tion program to— 
‘‘(A) a provider’’; 
(II) in subparagraph (A), as so 
designated— 
(aa) by inserting ‘‘use of the 
provider’s products or services to 
commit’’ after ‘‘stop the’’; and 
(bb) by striking the period 
at the end and inserting ‘‘; or’’; 
and 
(III) by adding at the end the 
following: 
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(II) by inserting ‘‘or submission 
to the child victim identification pro-
gram’’ after ‘‘CyberTipline report’’; 
and 
(iv) by adding at the end the fol-
lowing: 
‘‘(2) LIMITATION ON SHARING WITH OTHER EN-
TITIES.—A provider or nonprofit entity that obtains 
elements under subsection (a)(1) may not distribute 
those elements, or make those elements available, to 
any other entity, except for the sole and exclusive 
purpose of stopping the online sexual exploitation of 
children.’’; 
(D) in subsection (c)— 
(i) by striking ‘‘subsections’’ and in-
serting ‘‘subsection’’; 
(ii) by striking ‘‘providers receiving’’ 
and inserting ‘‘a provider to obtain’’; 
(iii) by inserting ‘‘or submission to the 
child victim identification program’’ after 
‘‘CyberTipline report’’; and 
(iv) by striking ‘‘to use the elements 
to stop the online sexual exploitation of 
children’’; and 
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(E) in subsection (d), by inserting ‘‘or to 
the child victim identification program’’ after 
‘‘CyberTipline’’; 
(4) in section 2258E— 
(A) in paragraph (6), by striking ‘‘elec-
tronic communication service provider’’ and in-
serting ‘‘electronic communication service’’; 
(B) in paragraph (7), by striking ‘‘and’’ at 
the end; 
(C) in paragraph (8), by striking the pe-
riod at the end and inserting a semicolon; and 
(D) by adding at the end the following: 
‘‘(9) the term ‘publicly available’, with respect 
to a visual depiction on a provider’s service, means 
the visual depiction can be viewed by or is accessible 
to all users of the service, regardless of the steps, if 
any, a user must take to create an account or to 
gain access to the service in order to access or view 
the visual depiction; and 
‘‘(10) the term ‘child victim identification pro-
gram’ means the program described in section 
404(b)(1)(K)(ii) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (34 U.S.C. 
11293(b)(1)(K)(ii)).’’; 
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(5) in section 2259B(a), by inserting ‘‘, any 
fine or penalty collected under section 2258A(e) or 
subparagraph (A) of section 6(g)(24) of the STOP 
CSAM Act of 2024 (except as provided in clauses (i) 
and (ii)(I) of subparagraph (B) of such section 
6(g)(24)),’’ after ‘‘2259A’’; and 
(6) by adding at the end the following: 
‘‘§ 2260B. Liability for certain child exploitation of-
fenses 
‘‘(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 affect-
ing interstate or foreign commerce, through such service 
to— 
‘‘(1) intentionally host or store child pornog-
raphy or make child pornography available to any 
person; or 
‘‘(2) knowingly promote or facilitate a violation 
of section 2251, 2251A, 2252, 2252A, or 2422(b). 
‘‘(b) PENALTY.—A provider of an interactive com-
puter service that violates subsection (a)— 
‘‘(1) subject to paragraph (2), shall be fined not 
more than $1,000,000; and 
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‘‘(2) if the offense involves a conscious or reck-
less 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 sec-
tion shall be construed to apply to any good faith action 
by a provider of an interactive computer service that is 
necessary to comply with a valid court order, subpoena, 
search warrant, statutory obligation, or preservation re-
quest from law enforcement.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 110 of title 18, United States Code, is amend-
ed by adding at the end the following: 
‘‘2260B. Liability for certain child exploitation offenses.’’. 
(c) EFFECTIVE DATE FOR AMENDMENTS TO RE-
PORTING REQUIREMENTS OF PROVIDERS.—The amend-
ments made by subsection (a)(1) of this section shall take 
effect on the date that is 120 days after the date of enact-
ment of this Act. 
SEC. 5. EXPANDING CIVIL REMEDIES FOR VICTIMS OF ON-
LINE CHILD SEXUAL EXPLOITATION. 
(a) STATEMENT OF INTENT.—Nothing in this section 
shall be construed to abrogate or narrow any case law con-
cerning section 2255 of title 18, United States Code. 
(b) CIVIL REMEDY FOR PERSONAL INJURIES.—Sec-
tion 2255(a) of title 18, United States Code, is amended— 
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(1) by striking ‘‘IN GENERAL.—Any person 
who, while a minor, was a victim of a violation of 
section 1589, 1590, 1591, 2241(c), 2242, 2243, 
2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 
2423 of this title and who suffers personal injury as 
a result of such violation, regardless of whether the 
injury occurred while such person was a minor, may 
sue’’ and inserting the following: ‘‘PRIVATE RIGHT 
OF ACTION.— 
‘‘(1) IN
GENERAL.—Any person described in 
subparagraph (A), (B), or (C) of paragraph (2) who 
suffers personal injury as a result of a violation de-
scribed in that subparagraph, regardless of whether 
the injury occurred while such person was a minor, 
may bring a civil action’’; and 
(2) by adding at the end the following: 
‘‘(2) ELIGIBLE PERSONS.—Paragraph (1) shall 
apply to any person— 
‘‘(A) who, while a minor, was a victim of— 
‘‘(i) a violation of section 1589, 1590, 
1591, 2241, 2242, 2243, 2251, 2251A, 
2260(a), 2421, 2422, or 2423; 
‘‘(ii) an attempt to violate section 
1589, 1590, or 1591 under section 
1594(a); 
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‘‘(iii) a conspiracy to violate section 
1589 or 1590 under section 1594(b); or 
‘‘(iv) a conspiracy to violate section 
1591 under section 1594(c); 
‘‘(B) who— 
‘‘(i) is depicted as a minor in child 
pornography; and 
‘‘(ii) is a victim of a violation of 2252, 
2252A, or 2260(b) (regardless of when the 
violation occurs); or 
‘‘(C) who— 
‘‘(i) is depicted as an identifiable 
minor in a visual depiction described in 
section 1466A; and 
‘‘(ii) is a victim of a violation of that 
section (regardless of when the violation 
occurs).’’. 
(c) CIVIL REMEDY AGAINST ONLINE PLATFORMS 
AND APP STORES.— 
(1) IN
GENERAL.—Chapter 110 of title 18, 
United States Code, is amended by inserting after 
section 2255 the following: 
‘‘§ 2255A. Civil remedy against online platforms and 
app stores 
‘‘(a) IN GENERAL.— 
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‘‘(1) PROMOTION OR AIDING AND ABETTING OF 
CERTAIN VIOLATIONS.—Any person who is a victim 
of the intentional or knowing promotion, or aiding 
and abetting, of a violation of section 1591 or 
1594(c) (involving a minor), or section 2251, 2251A, 
2252, 2252A, or 2422(b), where such promotion, or 
aiding and abetting, is by a provider of an inter-
active computer service or an app store, and who 
suffers personal injury as a result of such promotion 
or aiding and abetting, regardless of when the injury 
occurred, may bring a civil action in any appropriate 
United States District Court for relief set forth in 
subsection (b). 
‘‘(2) ACTIVITIES
INVOLVING
CHILD
PORNOG-
RAPHY.—Any person who is a victim of the inten-
tional or knowing hosting or storing of child pornog-
raphy or making child pornography available to any 
person by a provider of an interactive computer serv-
ice, and who suffers personal injury as a result of 
such hosting, storing, or making available, regard-
less of when the injury occurred, may bring a civil 
action in any appropriate United States District 
Court for relief set forth in subsection (b). 
‘‘(b) RELIEF.—In a civil action brought by a person 
under subsection (a)— 
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‘‘(1) the person shall recover the actual dam-
ages the person sustains or liquidated damages in 
the amount of $300,000, and the cost of the action, 
including reasonable attorney fees and other litiga-
tion costs reasonably incurred; and 
‘‘(2) the court may, in addition to any other re-
lief available at law, award punitive damages and 
such other preliminary and equitable relief as the 
court determines to be appropriate, including a tem-
porary restraining order, a preliminary injunction, or 
a permanent injunction ordering the defendant to 
cease the offending conduct. 
‘‘(c) STATUTE OF LIMITATIONS.—There shall be no 
time limit for the filing of a complaint commencing an 
action under subsection (a). 
‘‘(d) VENUE; SERVICE OF PROCESS.— 
‘‘(1) VENUE.—Any action brought under sub-
section (a) may be brought in the district court of 
the United States that meets applicable require-
ments relating to venue under section 1391 of title 
28. 
‘‘(2) SERVICE
OF
PROCESS.—In an action 
brought under subsection (a), process may be served 
in any district in which the defendant— 
‘‘(A) is an inhabitant; or 
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‘‘(B) may be found. 
‘‘(e) RELATION TO SECTION 230 OF THE COMMU-
NICATIONS 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 sub-
section (a). 
‘‘(f) RULES OF CONSTRUCTION.— 
‘‘(1) APPLICABILITY TO LEGAL PROCESS OR OB-
LIGATION.—Nothing in this section shall be con-
strued to apply to any good faith action that is nec-
essary to comply with a valid court order, subpoena, 
search warrant, statutory obligation, or preservation 
request from law enforcement. 
‘‘(2) KNOWLEDGE
WITH
RESPECT
TO
EACH 
ITEM REQUIRED.—For purposes of a claim brought 
under subsection (a)(2), the term ‘knowing’ shall be 
construed to mean knowledge of each item of child 
pornography that the provider hosted, stored, or 
made available. 
‘‘(g) ENCRYPTION TECHNOLOGIES.— 
‘‘(1) IN GENERAL.—None of the following ac-
tions or circumstances shall serve as an independent 
basis for liability under subsection (a): 
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‘‘(A) Utilizing full end-to-end encrypted 
messaging services, device encryption, or other 
encryption services. 
‘‘(B) Not possessing the information nec-
essary to decrypt a communication. 
‘‘(C) Failing to take an action that would 
otherwise undermine the ability to offer full 
end-to-end encrypted messaging services, device 
encryption, or other encryption services. 
‘‘(2) CONSIDERATION OF EVIDENCE.— 
‘‘(A) PERMITTED
USE.—Evidence of ac-
tions or circumstances described in paragraph 
(1) shall be admissible in a civil action brought 
under subsection (a) only if— 
‘‘(i) the actions or circumstances are 
relevant under rules 401 and 402 of the 
Federal Rules of Evidence to— 
‘‘(I) prove motive, intent, prepa-
ration, plan, absence of mistake, or 
lack of accident; or 
‘‘(II) rebut any evidence or fac-
tual or legal claim; and 
‘‘(ii) the actions or circumstances are 
not subject to exclusion under rule 403 of 
the Federal Rules of Evidence. 
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‘‘(B) NOTICE.—In a civil action brought 
under subsection (a), a plaintiff seeking to in-
troduce evidence of actions or circumstances 
under subparagraph (A) of this paragraph 
shall— 
‘‘(i) provide reasonable notice— 
‘‘(I) in writing before trial; or 
‘‘(II) in any form during trial if 
the court, for good cause, excuses lack 
of pretrial notice; and 
‘‘(ii) articulate in the notice described 
in clause (i) the permitted purpose for 
which the plaintiff intends to offer the evi-
dence and the reasoning that supports the 
purpose. 
‘‘(h) DEFENSE.—In a claim under subsection (a)(2) 
involving knowing conduct, it shall be a defense, which the 
provider of an interactive computer service must establish 
by a preponderance of the evidence, that— 
‘‘(1) the provider disabled access to or removed 
the child pornography within a reasonable time-
frame, and in any event not later than 48 hours 
after obtaining knowledge that the child pornog-
raphy was being hosted, stored, or made available by 
the provider (or, in the case of a provider that, for 
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the most recent calendar year, averaged fewer than 
10,000,000 active users on a monthly basis in the 
United States, within a reasonable timeframe, and 
in any event not later than 2 business days after ob-
taining such knowledge); or 
‘‘(2) the provider— 
‘‘(A) exercised a reasonable, good faith ef-
fort to disable access to or remove the child 
pornography but was unable to do so for rea-
sons outside the provider’s control; and 
‘‘(B) determined it is technologically im-
possible for the provider to disable access to or 
remove the child pornography without compro-
mising encryption technologies. 
‘‘(i) SANCTIONS FOR REPEATED BAD FAITH CIVIL 
ACTIONS.— 
‘‘(1) IN GENERAL.—In the case of a civil action 
brought under subsection (a), the court may impose 
sanctions on— 
‘‘(A) the party bringing the civil action if 
the court finds that the party has brought 2 or 
more bad faith civil actions (which may include 
the instant civil action); or 
‘‘(B) an attorney or law firm representing 
the party bringing the civil action if the court 
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finds that the attorney or law firm has rep-
resented— 
‘‘(i) a party who has brought 2 or 
more bad faith civil actions (which may in-
clude the instant civil action); or 
‘‘(ii) 2 or more parties who have each 
brought a bad faith civil action (which may 
include the instant civil action). 
‘‘(2) DEFINITION
OF
BAD
FAITH
CIVIL
AC-
TION.—For purposes of paragraph (1), the term 
‘bad faith civil action’ means a civil action brought 
under subsection (a) in bad faith where the finder 
of fact determined that at the time the civil action 
was filed, the party, attorney, or law firm described 
in paragraph (1) had actual knowledge that the al-
leged conduct— 
‘‘(A) did not involve any minor; or 
‘‘(B) did not involve any child pornog-
raphy. 
‘‘(3) IMPLEMENTATION.—Rule 11(c) of the 
Federal Rules of Civil Procedure shall apply to sanc-
tions imposed under this subsection in the same 
manner as that Rule applies to sanctions imposed 
for a violation of Rule 11(b) of those Rules. 
‘‘(4) RULES OF CONSTRUCTION.— 
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‘‘(A) RULE 11.—This subsection shall not 
be construed to limit or expand the application 
of Rule 11 of the Federal Rules of Civil Proce-
dure. 
‘‘(B) DEFINITION
CHANGE.—Paragraph 
(2)(B) shall not be construed to apply to a civil 
action affected by a contemporaneous change in 
the law with respect to the definition of ‘child 
pornography’. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) APP.—The term ‘app’ means a software 
application or electronic service that may be run or 
directed by a user on a computer, a mobile device, 
or any other general purpose computing device. 
‘‘(2) APP STORE.—The term ‘app store’ means 
a publicly available website, software application, or 
other electronic service that— 
‘‘(A) distributes apps from third-party de-
velopers to users of a computer, a mobile de-
vice, or any other general purpose computing 
device; and 
‘‘(B) operates— 
‘‘(i) through the use of any means or 
facility of interstate or foreign commerce; 
or 
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‘‘(ii) in or affecting interstate or for-
eign commerce. 
‘‘(3) INTERACTIVE
COMPUTER
SERVICE.—The 
term ‘interactive computer service’ means an inter-
active computer service, as defined in section 230(f) 
of the Communications Act of 1934 (47 U.S.C. 
230(f)), that operates— 
‘‘(A) through the use of any means or fa-
cility of interstate or foreign commerce; or 
‘‘(B) in or affecting interstate or foreign 
commerce.’’. 
(2) CONFORMING AMENDMENT.—The table of 
sections for chapter 110 of title 18, United States 
Code, is amended by inserting after the item relating 
to section 2255 the following: 
‘‘2255A. Civil remedy against online platforms and app stores.’’. 
SEC. 6. REPORTING AND REMOVAL OF CHILD SEXUAL 
ABUSE 
MATERIAL; 
ESTABLISHMENT 
OF 
CHILD ONLINE PROTECTION BOARD. 
(a) FINDINGS.—Congress finds the following: 
(1) Over 40 years ago, the Supreme Court of 
the United States ruled in New York v. Ferber, 458 
U.S. 747 (1982), that child sexual abuse material 
(referred to in this subsection as ‘‘CSAM’’) is a 
‘‘category of material outside the protections of the 
First Amendment’’. The Court emphasized that chil-
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dren depicted in CSAM are harmed twice: first 
through the abuse and exploitation inherent in the 
creation of the materials, and then through the con-
tinued circulation of the imagery, which inflicts its 
own emotional and psychological injury. 
(2) The Supreme Court reiterated this point 10 
years ago in Paroline v. United States, 572 U.S. 
434 (2014), when it explained that CSAM victims 
suffer ‘‘continuing and grievous harm as a result of 
[their] knowledge that a large, indeterminate num-
ber of individuals have viewed and will in the future 
view images of the sexual abuse they endured’’. 
(3) In these decisions, the Supreme Court noted 
that the distribution of CSAM invades the privacy 
interests of the victims. 
(4) The co-mingling online of CSAM with other, 
non-explicit depictions of the victims links the vic-
tim’s identity with the images of their abuse. This 
further invades a victim’s privacy and disrupts their 
sense of security, thwarting what the Supreme Court 
has described as ‘‘the individual interest in avoiding 
disclosure of personal matters’’. 
(5) The internet is awash with child sexual 
abuse material. In 2022, the CyberTipline, operated 
by the National Center for Missing & Exploited Chil-
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dren to combat online child sexual exploitation, re-
ceived 
reports 
about 
49,400,000 
images 
and 
37,700,000 videos depicting child sexual abuse. 
(6) Since 2017, Project Arachnid, operated by 
the Canadian Centre for Child Protection, has sent 
over 38,000,000 notices to online providers about 
CSAM and other exploitive material found on their 
platforms. According to the Canadian Centre, some 
providers are slow to remove the material, or take it 
down only for it to be reposted again a short time 
later. 
(7) This legislation is needed to create an easy- 
to-use and effective procedure to get CSAM and 
harmful related imagery quickly taken offline and 
kept offline to protect children, stop the spread of il-
legal 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 Protec-
tion Board established under subsection (d), shall 
begin operations, at which point providers shall 
begin receiving notifications as set forth in sub-
section (c)(2). 
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(2) EXTENSION.—The Commission may extend 
the deadline under paragraph (1) by not more than 
180 days if the Commission provides notice of the 
extension to the public and to Congress. 
(3) PUBLIC
NOTICE.—The Commission shall 
provide notice to the public of the date that the 
Child Online Protection Board established under 
subsection (d) is scheduled to begin operations on— 
(A) the date that is 60 days before such 
date that the Board is scheduled to begin oper-
ations; and 
(B) the date that is 30 days before such 
date that the Board is scheduled to begin oper-
ations. 
(c) REPORTING AND REMOVAL OF CHILD SEXUAL 
ABUSE MATERIAL.— 
(1) IN GENERAL.—If a provider receives a com-
plete notification as set forth in paragraph (2)(A) 
that the provider is hosting child sexual abuse mate-
rial, as soon as possible, but in any event not later 
than 48 hours after such notification is received by 
the provider (or, in the case of a small provider, not 
later than 2 business days after such notification is 
received by the small provider), the provider shall— 
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(A)(i) remove the child sexual abuse mate-
rial; and 
(ii) notify the complainant that it has done 
so; or 
(B) notify the complainant that the pro-
vider— 
(i) has determined that the visual de-
piction referenced in the notification does 
not constitute child sexual abuse material; 
(ii) is unable to remove the child sex-
ual abuse material using reasonable means; 
or 
(iii) has determined that the notifica-
tion 
is 
duplicative 
under 
paragraph 
(2)(C)(i). 
(2) NOTIFICATIONS.— 
(A) IN GENERAL.—To be complete under 
this subsection, a notification must be a written 
communication to the designated reporting sys-
tem 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 in-
cludes the following: 
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(i) An identification of, and informa-
tion reasonably sufficient to permit the 
provider to locate, the child sexual abuse 
material. Such information may include, at 
the option of the complainant, a copy of 
the child sexual abuse material or the uni-
form resource locator where such child sex-
ual abuse material is located. 
(ii) The complainant’s name and con-
tact information, to include a mailing ad-
dress, telephone number, and an electronic 
mail address, except that, if the complain-
ant is the victim depicted in the child sex-
ual abuse material, the complainant may 
elect to use an alias, including for purposes 
of the signed statement described in clause 
(v), and omit a mailing address. 
(iii) If applicable, a statement indi-
cating that the complainant has previously 
notified the provider about the child sexual 
abuse material which may, at the option of 
the complainant, include a copy of the pre-
vious notification. 
(iv) A statement indicating that the 
complainant has a good faith belief that 
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the information in the notification is accu-
rate. 
(v) A signed statement under penalty 
of perjury indicating that the notification 
is submitted by— 
(I) the victim depicted in the 
child sexual abuse material; 
(II) an authorized representative 
of the victim depicted in the child sex-
ual abuse material; or 
(III) a qualified organization. 
(B) INCLUSION
OF
ADDITIONAL
VISUAL 
DEPICTIONS IN A NOTIFICATION.— 
(i) MULTIPLE ITEMS OF CHILD SEX-
UAL ABUSE MATERIAL IN SAME NOTIFICA-
TION.—A notification may contain infor-
mation about more than one item of child 
sexual abuse material, but shall only be ef-
fective with respect to each item of child 
sexual abuse material included in the noti-
fication to the extent that the notification 
includes sufficient information to identify 
and locate such item of child sexual abuse 
material. 
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(ii) RELATED EXPLOITIVE VISUAL DE-
PICTIONS.— 
(I) IN GENERAL.—A notification 
may contain information about any 
related exploitive visual depictions as-
sociated with the child sexual abuse 
material described in the notification, 
along with the information described 
in subparagraph (A)(i) for each re-
lated exploitive visual depiction. Such 
notification 
shall 
clearly 
indicate 
which visual depiction is a related 
exploitive visual depiction. Such notifi-
cation shall include a statement indi-
cating that the complainant acknowl-
edges that the provider may, but is 
not required to, remove the related 
exploitive visual depiction, and that 
the complainant cannot file a petition 
with the Child Online Protection 
Board concerning any alleged failure 
to remove a related exploitive visual 
depiction. 
(II) NO
OBLIGATION.—A pro-
vider shall not be required to take any 
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action under this section concerning a 
related exploitive visual depiction. A 
provider may, in its sole discretion, re-
move a related exploitive visual depic-
tion. The procedure set forth in sub-
section (g)(1) shall not apply to re-
lated exploitive visual depictions. 
(C) LIMITATION ON DUPLICATIVE NOTIFI-
CATIONS.— 
(i) IN GENERAL.—After a complain-
ant has submitted a notification to a pro-
vider, the complainant may submit addi-
tional notifications at any time only if the 
subsequent notifications involve— 
(I) a different item of child sex-
ual abuse material; 
(II) the same item of child sexual 
abuse material relating to a minor 
that is in a different location; or 
(III) recidivist hosting. 
(ii) NO OBLIGATION.—A provider who 
receives any additional notifications that 
do not comply with clause (i) shall not be 
required to take any additional action ex-
cept— 
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(I) as may be required with re-
spect to the original notification; and 
(II) to notify the complainant as 
provided in paragraph (1)(B)(iii). 
(D) INCOMPLETE OR MISDIRECTED NOTI-
FICATION.— 
(i) REQUIREMENT TO CONTACT COM-
PLAINANT
REGARDING
INSUFFICIENT
IN-
FORMATION.— 
(I) REQUIREMENT
TO
CONTACT 
COMPLAINANT.—If a notification that 
is submitted to a provider under this 
subsection does not contain sufficient 
information 
under 
subparagraph 
(A)(i) to identify or locate the child 
sexual abuse material that is the sub-
ject of the notification but does con-
tain the complainant contact informa-
tion 
described 
in 
subparagraph 
(A)(ii), the provider shall, not later 
than 48 hours after receiving the noti-
fication (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 
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complainant via electronic mail ad-
dress to obtain such information. 
(II) EFFECT
OF
COMPLAINANT 
PROVIDING
SUFFICIENT
INFORMA-
TION.—If the provider is able to con-
tact the complainant and obtain suffi-
cient information to identify or locate 
the child sexual abuse material that is 
the subject of the notification, the 
provider shall then proceed as set 
forth in paragraph (1), except that 
the applicable timeframes described in 
such paragraph shall commence on 
the day the provider receives the in-
formation needed to identify or locate 
the child sexual abuse material. 
(III) EFFECT OF COMPLAINANT 
INABILITY
TO
PROVIDE
SUFFICIENT 
INFORMATION.—If the provider is able 
to contact the complainant but does 
not obtain sufficient information to 
identify or locate the child sexual 
abuse material that is the subject of 
the notification, the provider shall so 
notify the complainant not later than 
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(ii) TREATMENT OF INCOMPLETE NO-
TIFICATION WHERE COMPLAINANT CANNOT 
BE CONTACTED.—If a notification that is 
submitted to a provider under this sub-
section does not contain sufficient informa-
tion under subparagraph (A)(i) to identify 
or locate the child sexual abuse material 
that is the subject of the notification and 
does not contain the complainant contact 
information described in subparagraph 
(A)(ii) (or if the provider is unable to con-
tact the complainant using such informa-
tion), 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 notifi-
cation. 
(iii) TREATMENT
OF
NOTIFICATION 
NOT SUBMITTED TO DESIGNATED REPORT-
ING
SYSTEM.—If a provider has a des-
ignated reporting system, and a complain-
ant submits a notification under this sub-
section to the provider without using such 
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system, the provider shall not be consid-
ered to have received the notification. 
(E) OPTION
TO
CONTACT
COMPLAINANT 
REGARDING THE CHILD SEXUAL ABUSE MATE-
RIAL.— 
(i) CONTACT WITH COMPLAINANT.—If 
the provider believes that the child sexual 
abuse material referenced in the notifica-
tion 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 re-
ceived 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 pro-
vider within 14 days after receiving the no-
tification, 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 
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of any information described in the notifi-
cation. 
(iii) COMPLAINANT RESPONSE.—If the 
complainant responds to the provider with-
in 14 days after receiving the notification, 
the provider shall then proceed as set forth 
in paragraph (1), except that the applica-
ble timeframes described in such para-
graph shall commence on the day the pro-
vider receives the complainant’s response. 
(F) SERVICE
OF
NOTIFICATION
WHERE 
PROVIDER
HAS
NO
DESIGNATED
REPORTING 
SYSTEM; PROCESS WHERE COMPLAINANT CAN-
NOT SERVE PROVIDER.— 
(i) NO DESIGNATED REPORTING SYS-
TEM.—If a provider does not have a des-
ignated 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 com-
plainant cannot reasonably serve the pro-
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vider with a notification as described in 
clause (i), the complainant may bring a pe-
tition under subsection (g)(1) without serv-
ing the provider with the notification. 
(G) RECIDIVIST HOSTING.—If a provider 
engages in recidivist hosting of child sexual 
abuse material, in addition to any action taken 
under this section, a complainant may submit a 
report concerning such recidivist hosting to the 
CyberTipline operated by the National Center 
for Missing and Exploited Children, or any suc-
cessor to the CyberTipline operated by the Na-
tional Center for Missing and Exploited Chil-
dren. 
(H) PRESERVATION.—A provider that re-
ceives a complete notification under this sub-
section 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 sub-
paragraph, the period for which providers shall 
be required to preserve information in accord-
ance with such section 2258A(h) may be ex-
tended in 90-day increments on written request 
by the complainant or order of the Board. 
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(I) NON-DISCLOSURE.—Except as other-
wise provided in subsection (g)(19)(C), for 120 
days following receipt of a notification under 
this subsection, a provider may not disclose the 
existence of the notification to any person or 
entity except to an attorney for purposes of ob-
taining legal advice, the Board, the Commis-
sion, 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 abil-
ity to communicate general information about 
terms of service violations. 
(d) ESTABLISHMENT OF CHILD ONLINE PROTEC-
TION BOARD.— 
(1) IN GENERAL.—There is established in the 
Federal Trade Commission a Child Online Protec-
tion 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 Of-
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ficers 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 administra-
tion 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 con-
cerning 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 sub-
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stantial experience in the evaluation, litiga-
tion, or adjudication of matters relating to 
child sexual abuse material or technology- 
facilitated crimes against children. 
(B) ATTORNEYS.—Each Child Online Pro-
tection Attorney shall be an attorney duly li-
censed 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 techno-
logical adviser shall have at least one year of 
specialized experience with digital forensic anal-
ysis. 
(6) COMPENSATION.— 
(A) CHILD
ONLINE
PROTECTION
OFFI-
CERS.— 
(i) DEFINITION.—In this subpara-
graph, the term ‘‘senior level employee of 
the Federal Government’’ means an em-
ployee, other than an employee in the Sen-
ior Executive Service, the position of whom 
is classified above GS–15 of the General 
Schedule. 
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(ii) PAY RANGE.—Each Child Online 
Protection Officer shall be compensated at 
a rate of pay that is not less than the min-
imum, and not more than the maximum, 
rate of pay payable for senior level employ-
ees of the Federal Government, including 
locality pay, as applicable. 
(B) CHILD
ONLINE
PROTECTION
ATTOR-
NEYS.—Each Child Online Protection Attorney 
shall be compensated at a rate of pay that is 
not more than the maximum rate of pay pay-
able for level 10 of GS–15 of the General 
Schedule, including locality pay, as applicable. 
(C) TECHNOLOGICAL ADVISER.—A techno-
logical adviser of the Board shall be com-
pensated 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 lo-
cality pay, as applicable. 
(7) VACANCY.—If a vacancy occurs in the posi-
tion of Child Online Protection Officer, the Commis-
sion shall act expeditiously to appoint an Officer for 
that position. 
(8) SANCTION OR REMOVAL.—Subject to sub-
section (e)(2), the Chair of the Commission or the 
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Commission may sanction or remove a Child Online 
Protection Officer. 
(9) ADMINISTRATIVE SUPPORT.—The Commis-
sion shall provide the Child Online Protection Offi-
cers and Child Online Protection Attorneys with nec-
essary administrative support, including techno-
logical facilities, to carry out the duties of the Offi-
cers and Attorneys under this section. The Depart-
ment of Justice may provide equipment for and 
guidance on the storage and handling of child sexual 
abuse material. 
(10) LOCATION OF BOARD.—The offices and fa-
cilities 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 peti-
tions that may be brought before the Offi-
cers under this section. 
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(ii) To ensure that petitions and re-
sponses are properly asserted and other-
wise 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 pro-
duction of information and documents rel-
evant to the resolution of a petition or re-
sponse. 
(v) To conduct hearings and con-
ferences. 
(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 re-
quirements of the Board. 
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(ix) To maintain records of the pro-
ceedings 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 Com-
mission or the Commission. 
(B) ATTORNEYS.—Subject to the provi-
sions of this section and applicable regulations, 
the functions of the Attorneys of the Board 
shall be as follows: 
(i) To provide assistance to the Offi-
cers of the Board in the administration of 
the duties of those Officers under this sec-
tion. 
(ii) To provide assistance to complain-
ants, providers, and members of the public 
with respect to the procedures and require-
ments of the Board. 
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(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 direc-
tory of service agents designated to receive serv-
ice 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 ac-
cordance with the provisions of this section, ju-
dicial precedent, and applicable regulations of 
the Commission. 
(B) 
PERFORMANCE
APPRAISALS.—Not-
withstanding any other provision of law or any 
regulation or policy of the Commission, any per-
formance appraisal of an Officer or Attorney of 
the Board may not consider the substantive re-
sult 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 
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