Text of Senate Amendment 5864

Quick facts

Record: Senate Floor
Section type: Amendments
Chamber: Senate
Date: June 18, 2026
Congress: 119th Congress
Why this source matters: This section came from the Senate floor portion of the record.

Readable version of the official text

SA 5864. Mr. HAWLEY (for himself and Mr. Durbin) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

Subtitle H—STOP CSAM Act of 2026

SEC. 1094. SHORT TITLE.

This subtitle may be cited as the “Strengthening

Transparency and Obligations to Protect Children Suffering

from Abuse and Mistreatment Act of 2026” or the “STOP CSAM

Act of 2026”.

SEC. 1095. 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”;

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;

“(6) the term `exploitation' means—

“(A) child pornography;

“(B) child sex trafficking; or

“(C) an obscene visual depiction of a child;

“(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;”;

(D) in paragraph (9)(D)—

(i) by striking “genitals” and inserting “anus,

genitals,”; and

(ii) by striking “or animal”;

(E) in paragraph (11), by striking “and” at the end;

(F) 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

(G) by adding at the end the following:

“(13) the term `covered person' means a person of any age

who—

“(A) is or is alleged to be—

“(i) a victim of a crime of physical abuse, sexual abuse,

exploitation, or kidnapping, including international parental

kidnapping; or

“(ii) a witness to a crime committed against another

person; and

“(B) was under the age of 18 when the crime described in

subparagraph (A) was committed;

“(14) the term `protected information', with respect to a

covered person, includes—

“(A) personally identifiable information of the covered

person, including—

“(i) the name of the covered person;

“(ii) an address;

“(iii) a phone number;

“(iv) a user name or identifying information for an

online, social media, or email account; and

“(v) any information that can be used to distinguish or

trace the identity of the covered person, either alone or

when combined with other information that is linked or

linkable to the covered person;

“(B) medical, dental, behavioral, psychiatric, or

psychological information of the covered person;

“(C) educational or juvenile justice records of the

covered person; and

“(D) any other information concerning the covered person

that is deemed `protected information' by order of the court

under subsection (d)(5);

“(15) the term `child pornography' has the meaning given

the term in section 2256(8); and

“(16) the term `obscene visual depiction of a child' means

any visual depiction prohibited by section 1466A involving an

identifiable minor, as that term is defined in section

2256(9).”;

(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 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).”;

(i) in subparagraph (A)—

(I) by striking “a child from public disclosure of the

name of or any other information concerning the child” and

inserting “a covered person's protected information from

public disclosure”; and

(II) by striking “, if the court determines that there is

a significant possibility that such disclosure would be

detrimental to the child”;

(ii) in subparagraph (B)—

(I) in clause (i)—

(aa) by striking “a child witness, and the testimony of

any other witness” and inserting “any witness”; and

(bb) by striking “the name of or any other information

concerning a child” and inserting “a covered person's

protected information”; and

(II) in clause (ii), by striking “child” and inserting

“covered person”; and

(iii) by adding at the end the following:

“(C)(i) For purposes of this paragraph, there shall be a

presumption that public disclosure of a covered person's

protected information would be detrimental to the covered

person.

“(ii) The court shall deny a motion for a protective order

under subparagraph (A) only if the court finds that the party

opposing the motion has rebutted the presumption under clause

(i) of this subparagraph.”;

(D) in paragraph (4)—

(i) by striking “This subsection” and inserting the

following:

“(A) Disclosure to certain parties.—This subsection”;

(ii) in subparagraph (A), as so designated—

(I) by striking “the name of or other information

concerning a child” and inserting “a covered person's

protected information”; and

(II) by striking “or an adult attendant, or to” and

inserting “an adult attendant, a law enforcement agency for

any intelligence or investigative purpose, or”; and

(iii) by adding at the end the following:

“(B) Request for public disclosure.—If any party requests

public disclosure of a covered person's protected information

to further a public interest, the court shall deny the

request unless the court finds that—

“(i) the party seeking disclosure has established that

there is a compelling public interest in publicly disclosing

the covered person's protected information;

“(ii) there is a substantial probability that the public

interest would be harmed if the covered person's protected

information is not disclosed;

“(iii) the substantial probability of harm to the public

interest outweighs the harm to the covered person from public

disclosure of the covered person's protected information; and

“(iv) there is no alternative to public disclosure of the

covered person's protected information that would adequately

protect the public interest.”; and

(E) by adding at the end the following:

“(5) Other protected information.—The court may order

that information shall be considered to be `protected

information' for purposes of this subsection if the court

finds that the information is sufficiently personal,

sensitive, or identifying that it should be subject to the

protections and presumptions under this subsection.”;

(4) by striking subsection (f) and inserting the following:

“(f) Victim Impact Statement.—

“(1) Probation officer.—In preparing the presentence

report pursuant to rule 32(c) of the Federal Rules of

Criminal Procedure, the probation officer shall request

information from the multidisciplinary child abuse team, if

applicable, or other appropriate sources to determine the

impact of the offense on a child victim and any other

children who may have been affected by the offense.

“(2) Guardian ad litem.—A guardian ad litem appointed

under subsection (h) shall—

“(A) make every effort to obtain and report information

that accurately expresses the views of a child victim, and

the views of family members as appropriate, concerning the

impact of the offense; and

“(B) use forms that permit a child victim to express the

child's views concerning the personal consequences of the

offense, at a level and in a form of communication

commensurate with the child's age and ability.”;

(5) in subsection (h), by adding at the end the following:

“(4) Authorization of appropriations.—

“(A) In general.—There is authorized to be appropriated

to the United States courts to carry out this subsection

$25,000,000 for each fiscal year.

“(B) Supervision of payments.—Payments from

appropriations authorized under subparagraph (A) shall be

made under the supervision of the Director of the

Administrative Office of the United States Courts.”;

(6) in subsection (i)—

(A) by striking “A child testifying at or attending a

judicial proceeding” and inserting the following:

“(1) In general.—A child testifying at a judicial

proceeding, including in a manner described in subsection

(b),”;

(B) in paragraph (1), as so designated—

(i) in the third sentence, by striking “proceeding” and

inserting “testimony”; and

(ii) by striking the fifth sentence; and

“(2) Recording.—If the adult attendant is in close

physical proximity to or in contact with the child while the

child testifies—

“(A) at a judicial proceeding, a video recording of the

adult attendant shall be made and shall become part of the

court record; or

“(B) in a manner described in subsection (b), the adult

attendant shall be visible on the closed-circuit television

or in the recorded deposition.

“(3) Covered persons attending proceeding.—A covered

person shall have the right to be accompanied by an adult

attendant when attending any judicial proceeding.”;

(7) in subsection (j)—

(A) by striking “child” each place the term appears and

inserting “covered person”; and

(B) in the fourth sentence—

(i) by striking “and the potential” and inserting “, the

potential”;

(ii) by striking “child's” and inserting “covered

person's”; and

(iii) by inserting before the period at the end the

following: “, and the necessity of the continuance to

protect the defendant's rights”;

(8) in subsection (k), by striking “child” each place the

term appears and inserting “covered person”;

(9) in subsection (l), by striking “child” each place the

term appears and inserting “covered person”; and

(10) in subsection (m)—

(A) by striking “(as defined by section 2256 of this

title)” each place it appears;

(B) by inserting “or an obscene visual depiction of a

child” after “child pornography” each place it appears

except the second instance in paragraph (3);

brought under section 2255 or 2255A” after “any criminal

proceeding”;

(D) in paragraph (2), by adding at the end the following:

“(C)(i) Notwithstanding rule 26 of the Federal Rules of

Civil Procedure, a court shall deny, in any civil action

brought under section 2255 or 2255A, any request by any party

to copy, photograph, duplicate, or otherwise reproduce any

property or material that constitutes child pornography or an

obscene visual depiction of a child.

“(ii) In a civil action brought under section 2255 or

2255A, for purposes of paragraph (1), the court may—

“(I) order the plaintiff or defendant to provide to the

court or the Government, as applicable, any equipment

necessary to maintain care, custody, and control of such

property or material; and

“(II) take reasonable measures, and may order the

Government (if such property or material is in the care,

custody, and control of the Government) to take reasonable

measures, to provide each party to the action, the attorney

of each party, and any individual a party may seek to qualify

as an expert, with ample opportunity to inspect, view, and

examine such property or material at the court or a

Government facility, as applicable.”; and

(E) in paragraph (3)—

(i) by inserting “and during the 1-year period following

the date on which the criminal proceeding becomes final or is

terminated” after “any criminal proceeding”;

(ii) by striking “, as defined under section 2256(8),”;

and

(iii) by inserting “or obscene visual depiction of a

child” after “such child pornography”.

(b) Effective Date.—The amendments made by this section

shall apply to conduct that occurs before, on, or after the

date of enactment of this Act.

SEC. 1096. 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

assume the rights of the victim under this section” after

“suitable by the court”;

(2) in section 2248(c)—

(A) by striking “For purposes” and inserting the

following:

“(1) In general.—For purposes”;

(B) by striking “chapter, including, in” and inserting

the following: “chapter.

“(2) Assumption of crime victim's rights.—In”; and

assume the rights of the victim under this section” after

“suitable by the court”;

(3) in section 2259—

(A) by striking subsection (a) and inserting the following:

“(a) In General.—Notwithstanding section 3663 or 3663A,

and in addition to any other civil or criminal penalty

authorized by law, the court shall order restitution for any

offense under—

“(1) section 1466A, to the extent the conduct involves a

visual depiction of an identifiable minor; or

“(2) this chapter.”;

(B) in subsection (b)—

(i) in paragraph (1), by striking “Directions.—Except as

provided in paragraph (2), the” and inserting “Restitution

for 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

(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, attempted violation of, or conspiracy

to violate section 1466A(a) to the extent the conduct

involves production of a visual depiction of an identifiable

minor;

“(B) a violation of, attempted violation of, or conspiracy

to violate section 1466A(a) involving possession with intent

to distribute, or section 1466A(b), to the extent the conduct

involves a visual depiction of an identifiable minor—

“(i) produced by the defendant; or

“(ii) that the defendant attempted or conspired to

produce;

“(C) a violation of subsection (a), (b), or (c) of section

2251, or an attempt or conspiracy to violate any of those

subsections under subsection (e) of that section;

“(D) a violation of section 2251A;

“(E) a violation of section 2252(a)(4) or 2252A(a)(5), or

an attempt or conspiracy to violate either of those sections

under section 2252(b)(2) or 2252A(b)(2), to the extent such

conduct involves child pornography—

“(i) produced by the defendant; or

“(ii) that the defendant attempted or conspired to

produce;

“(F) a violation of subsection (a)(7) of section 2252A, or

an attempt or conspiracy to violate that subsection under

subsection (b)(3) of that section, to the extent the conduct

involves production with intent to distribute;

“(G) a violation of section 2252A(g) if the series of

felony violations involves not fewer than 1 violation—

“(i) described in subparagraph (A), (B), (E), or (F) of

this paragraph;

“(ii) of section 1591; or

“(iii) of section 1201, chapter 109A, or chapter 117, if

the victim is a minor;

“(H) a violation of subsection (a) of section 2260, or an

attempt or conspiracy to violate that subsection under

subsection (c)(1) of that section;

“(I) a violation of section 2260B(a)(2) for promoting or

facilitating an offense—

“(i) described in subparagraph (A), (B), (D), or (E) of

this paragraph; or

“(ii) under section 2422(b); and

“(J) a violation of chapter 109A or chapter 117, if the

offense involves the production or attempted production of,

or conspiracy to produce, child pornography.”;

(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, attempted violation of, or conspiracy

to violate section 1466A(a) to the extent the conduct

involves distribution or receipt of a visual depiction of an

identifiable minor;

“(B) a violation of, attempted violation of, or conspiracy

to violate section 1466A(a) involving possession with intent

to distribute, or section 1466A(b), to the extent the conduct

involves a visual depiction of an identifiable minor—

“(i) not produced by the defendant; or

“(ii) that the defendant did not attempt or conspire to

produce;

“(C) a violation of subsection (d) of section 2251 or an

attempt or conspiracy to violate that subsection under

subsection (e) of that section;

“(D) a violation of paragraph (1), (2), or (3) of

subsection (a) of section 2252, or an attempt or conspiracy

to violate any of those paragraphs under subsection (b)(1) of

that section;

“(E) a violation of section 2252(a)(4) or 2252A(a)(5), or

an attempt or conspiracy to violate either of those sections

under section 2252(b)(2) or 2252A(b)(2), to the extent such

conduct involves child pornography—

“(i) not produced by the defendant; or

“(ii) that the defendant did not attempt or conspire to

produce;

“(F) a violation of paragraph (1), (2), (3), (4), or (6)

of subsection (a) of section 2252A, or an attempt or

conspiracy to violate any of those paragraphs under

subsection (b)(1) of that section;

“(G) a violation of subsection (a)(7) of section 2252A, or

an attempt or conspiracy to violate that subsection under

subsection (b)(3) of that section, to the extent the conduct

involves distribution;

“(H) a violation of section 2252A(g) if the series of

felony violations exclusively involves violations described

in this paragraph (except subparagraphs (A) and (B));

“(I) a violation of subsection (b) of section 2260, or an

attempt or conspiracy to violate that subsection under

subsection (c)(2) of that section; and

“(J) a violation of subsection (a)(1) of section 2260B, or

a violation of subsection (a)(2) of that section for

promoting or facilitating an offense described in this

paragraph (except subparagraphs (A) and (B)).”; and

(iii) in paragraph (4), in the first sentence, by inserting

“or an identifiable minor harmed as a result of the

commission of a crime under section 1466A” after “under

this chapter”;

(4) in section 2259A(a)—

(A) in paragraph (1), by striking “under section

2252(a)(4) or 2252A(a)(5)” and inserting “described in

subparagraph (B) or (E) of section 2259(c)(3)”; and

(B) in paragraph (2), by striking “any other offense for

trafficking in child pornography” and inserting “any

offense for trafficking in child pornography other than an

offense described in subparagraph (B) or (E) of section

2259(c)(3)”;

(5) in section 2429—

(A) in subsection (b)(3), by striking “2259(b)(3)” and

inserting “2259(c)(2)”; and

(B) in subsection (d)—

(i) by inserting “(1)” after “(d)”;

(ii) by striking “chapter, including, in” and inserting

the following: “chapter.

“(2) In”; and

(iii) in paragraph (2), as so designated, by inserting

“may assume the rights of the victim under this section”

after “suitable by the court”; and

(6) in section 3664, by adding at the end the following:

“(q) Trustee or Other Fiduciary.—

“(1) In general.—

“(A) Appointment of trustee or other fiduciary.—When the

court issues an order of restitution under section 1593,

2248, 2259, 2429, or 3663, or subparagraphs (A)(i) and (B) of

section 3663A(c)(1), for a victim described in subparagraph

(B) of this paragraph, the court, at its own discretion or

upon motion by the Government, may appoint a trustee or other

fiduciary to hold any amount paid for restitution in a trust

or other official account for the benefit of the victim.

“(B) Covered victims.—A victim referred to in

subparagraph (A) is a victim who is—

“(i) under the age of 18 at the time of the proceeding;

“(ii) incompetent or incapacitated; or

“(iii) subject to paragraph (3), a foreign citizen or

stateless person residing outside the United States.

“(2) Order.—When the court appoints a trustee or other

fiduciary under paragraph (1), the court shall issue an order

specifying—

“(A) the duties of the trustee or other fiduciary, which

shall require—

“(i) the administration of the trust or maintaining an

official account in the best interests of the victim; and

“(ii) disbursing payments from the trust or account—

“(I) to the victim; or

“(II) to any individual or entity on behalf of the victim;

“(B) that the trustee or other fiduciary—

“(i) shall avoid any conflict of interest;

“(ii) may not profit from the administration of the trust

or maintaining an official account for the benefit of the

victim other than as specified in the order; and

“(iii) may not delegate administration of the trust or

maintaining the official account to any other person;

“(C) if and when the trust or the duties of the other

fiduciary will expire; and

“(D) the fees payable to the trustee or other fiduciary to

cover expenses of administering the trust or maintaining the

official account for the benefit of the victim, and the

schedule for payment of those fees.

“(3) Fact-finding regarding foreign citizens and stateless

person.—In the case of a victim who is a foreign citizen or

stateless person residing outside the United States and is

not under the age of 18 at the time of the proceeding or

incompetent or incapacitated, the court may appoint a trustee

or other fiduciary under paragraph (1) only if the court

finds it necessary to—

“(A) protect the safety or security of the victim; or

“(B) provide a reliable means for the victim to access or

benefit from the restitution payments.

“(4) Payment of fees.—

“(A) In general.—The court may, with respect to the fees

of the trustee or other fiduciary—

“(i) pay the fees in whole or in part; or

“(ii) order the defendant to pay the fees in whole or in

part.

“(B) Applicability of other provisions.—With respect to a

court order under subparagraph (A)(ii) requiring a defendant

to pay fees—

“(i) subsection (f)(3) shall apply to the court order in

the same manner as that subsection applies to a restitution

order;

“(ii) subchapter C of chapter 227 (other than section

3571) shall apply to the court order in the same manner as

that subchapter applies to a sentence of a fine; and

“(iii) subchapter B of chapter 229 shall apply to the

court order in the same manner as that subchapter applies to

the implementation of a sentence of a fine.

“(C) Effect on other penalties.—Imposition of payment

under subparagraph (A)(ii) shall not relieve a defendant of,

or entitle a defendant to a reduction in the amount of, any

special assessment, restitution, other fines, penalties, or

costs, or other payments required under the defendant's

sentence.

“(D) Schedule.—Notwithstanding any other provision of

law, if the court orders the defendant to make any payment

under subparagraph (A)(ii), the court may provide a payment

schedule that is concurrent with the payment of any other

financial obligation described in subparagraph (C).

“(5) Authorization of appropriations.—

“(A) In general.—There is authorized to be appropriated

to the United States courts to carry out this subsection

$15,000,000 for each fiscal year.

“(B) Supervision of payments.—Payments from

appropriations authorized under subparagraph (A) shall be

made under the supervision of the Director of the

Administrative Office of the United States Courts.”.

SEC. 1097. CYBERTIPLINE IMPROVEMENTS, AND ACCOUNTABILITY AND

TRANSPARENCY BY THE TECH INDUSTRY.

(a) In General.—Chapter 110 of title 18, United States

Code, is amended—

(1) in section 2258A—

(A) by striking subsections (a), (b), and (c) and inserting

the following:

“(a) Duty to Report.—

“(1) Duty.—In order to reduce the proliferation of online

child sexual exploitation and to prevent the online sexual

exploitation of children, as soon as reasonably possible

after obtaining actual knowledge of any facts or

circumstances described in paragraph (2) or any apparent

child pornography on the provider's service, and in any event

not later than 60 days after obtaining such knowledge, a

provider shall submit to the CyberTipline of NCMEC, or any

successor to the CyberTipline operated by NCMEC, a report

that—

“(A) shall contain—

“(i) the mailing address, telephone number, facsimile

number, electronic mailing address of, and individual point

of contact for, such provider; and

“(ii) information or material described in subsection

(b)(1)(A) concerning such facts or circumstances or apparent

child pornography; and

“(B) may contain information described in subsection

(b)(2), including any available information to identify or

locate any involved minor.

“(2) Facts or circumstances.—The facts or circumstances

described in this paragraph are any facts or circumstances

indicating an apparent, planned, or imminent violation of

section 1591 (if the violation involves a minor), 2251,

2251A, 2252, 2252A, 2252B, 2260, or 2422(b).

“(3) Complainant information.—For a report premised on a

complaint or notification submitted to a provider by a user

of the provider's product or service, or a parent, guardian,

or representative of such user, the provider shall take

reasonable measures to determine what information or material

in the user's account shall be included in the report as

provided in subsection (b)(1)(A)(vi).

“(b) Contents of Report.—

“(1) In general.—In an effort to prevent the future

sexual victimization of children, and to the extent the

information is within the custody or control of a provider,

each report provided under subsection (a)(1)—

“(A) shall include, to the extent that it is applicable

and reasonably available—

“(i) the name, address, electronic mail address, user or

account identification, Internet Protocol address, port

number, and uniform resource locator of any individual who is

a subject of the report;

“(ii) the terms of service in effect at the time of—

“(I) the apparent violation; or

“(II) the detection of apparent child pornography or a

planned or imminent violation;

“(iii) a copy of any apparent child pornography that is

the subject of the report, or all accessible chats, messages,

or text exchanges that are related to the report, that were

identified in a publicly available location;

“(iv) for each item of apparent child pornography included

in the report under clause (iii) or paragraph (2)(E),

information indicating whether—

“(I) the apparent child pornography was publicly

available; or

“(II) the provider, in its sole discretion, viewed the

apparent child pornography, or any copy thereof, at any point

concurrent with or prior to the submission of the report;

“(v) for each item of apparent child pornography that is

the subject of the report, an indication as to whether the

apparent child pornography—

“(I) is created in whole or in part through the use of

software, machine learning, artificial intelligence, or any

other computer-generated or technological means, including by

adapting, modifying, manipulating, or altering an authentic

visual depiction;

“(II) has previously been the subject of a report under

subsection (a)(1); or

“(III) is the subject of multiple contemporaneous reports

due to rapid and widespread distribution; and

“(vi) any and all information or material (including

apparent child pornography, chats, messages, or text

exchanges) relating to the subject of the report in the

account of a user of the provider's product or service, if

the user, or the parent, guardian, or representative of such

user—

“(I) provided the information or material in a

notification or complaint to the provider;

“(II) indicates that such information or material should

be included in the report; or

“(III) consents to the inclusion of such information or

material in the report; and

“(B) may, at the sole discretion of the provider, include

the information described in paragraph (2) of this

subsection.

“(2) Other information.—The information referred to in

paragraph (1)(B) is the following:

“(A) Information about any involved individual.—Any

information relating to the identity or location of any

individual who is a subject of the report, including payment

or financial information (excluding personally identifiable

information) and self-reported identifying or locating

information.

“(B) Information about any involved minor.—Information

relating to the identity or location of any involved minor,

which may include an address, electronic mail address,

Internet Protocol address, port number, uniform resource

locator, payment or financial information (excluding

personally identifiable information), or any other

information that may identify or locate any involved minor,

including self-reported identifying or locating information.

“(C) Historical reference.—Information relating to when

and how a customer or subscriber of a provider uploaded,

transmitted, or received content relating to the report or

when and how content relating to the report was reported to,

or discovered by the provider, including a date and time

stamp and time zone.

“(D) Geographic location information.—Information

relating to the geographic location of the involved

individual or website, which may include the Internet

Protocol address, port number, or verified address, or, if

not reasonably available, at least one form of geographic

identifying information, including area code or ZIP Code,

provided by the customer or subscriber, or stored or obtained

by the provider.

“(E) Apparent child pornography.—Any apparent child

pornography not described in paragraph (1)(A)(iii), or other

content related to the subject of the report.

“(F) 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.

“(G) Technical identifier.—An industry-standard hash

value or other similar industry-standard technical identifier

for any reported visual depiction as it existed on the

provider's service.

“(H) Description.—For any item of apparent child

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.

“(I) Chats, messages, or text exchanges.—Chats, messages,

or text exchanges that fully provide the context for the

report.

“(3) Formatting of reports.—When a provider includes any

information described in paragraph (1) or, at its sole

discretion, any information described in paragraph (2) in a

report to the CyberTipline of NCMEC, or any successor to the

CyberTipline operated by NCMEC, the provider shall use best

efforts to ensure that the report conforms with the structure

of the CyberTipline or the successor, as applicable.

“(c) Forwarding of Report and Other Information to Law

Enforcement.—

“(1) In general.—Pursuant to its clearinghouse role as a

private, nonprofit organization, and at the conclusion of its

review in furtherance of its nonprofit mission, NCMEC shall

make available each report submitted under subsection (a)(1)

to one or more of the following law enforcement agencies:

“(A) Any Federal law enforcement agency that is involved

in the investigation of child sexual exploitation,

kidnapping, or enticement crimes.

“(B) Any State or local law enforcement agency that is

involved in the investigation of child sexual exploitation.

“(C) A foreign law enforcement agency designated by the

Attorney General under subsection (d)(3) or a foreign law

enforcement agency that has an established relationship with

the Federal Bureau of Investigation, Immigration and Customs

Enforcement, or INTERPOL, and is involved in the

investigation of child sexual exploitation, kidnapping, or

enticement crimes.

“(2) Technical identifiers.—If a report submitted under

subsection (a)(1) contains an industry-standard hash value or

other similar industry-standard technical identifier—

“(A) NCMEC may compare that hash value or identifier with

any database or repository of visual depictions owned or

operated by NCMEC; and

“(B) if the comparison under subparagraph (A) results in a

match, NCMEC may include the matching visual depiction from

its database or repository when forwarding the report to an

agency described in subparagraph (A) or (B) of paragraph

(1).”;

(B) in subsection (d)—

(i) in paragraph (2), by striking “subsection (c)(1)” and

inserting “subsection (c)(1)(A)”;

(ii) in paragraph (3)—

(I) in subparagraph (A), by striking “subsection (c)(3)”

and inserting “subsection (c)(1)(C)”; and

(II) in subparagraph (C), by striking “subsection (c)(3)”

and inserting “subsection (c)(1)(C)”; and

(iii) in paragraph (5)(B)—

(I) in clause (i), by striking “forwarded” and inserting

“made available”; and

(II) in clause (ii), by striking “forwarded” and

inserting “made available”;

“(e) Failure to Comply With Requirements.—

“(1) Criminal penalty.—

“(A) Offense.—It shall be unlawful for a provider to

knowingly—

“(i) fail to submit a report under subsection (a)(1)

within the time period required by that subsection; or

“(ii) fail to preserve material as required under

subsection (h).

“(B) Penalty.—

“(i) In general.—A provider that violates subparagraph

(A) shall be fined—

“(I) in the case of an initial violation, not more than—

“(aa) $850,000 if the provider has not fewer than

100,000,000 monthly active users; or

“(bb) $600,000 if the provider has fewer than 100,000,000

monthly active users; and

“(II) in the case of any second or subsequent violation,

not more than—

“(aa) $1,000,000 if the provider has not fewer than

100,000,000 monthly active users; or

“(bb) $850,000 if the provider has fewer than 100,000,000

monthly active users.

“(ii) Harm to individuals.—The maximum fine under clause

(i) shall be doubled if an individual is harmed as a direct

and proximate result of the applicable violation.

“(2) Civil penalty.—

“(A) Violations relating to cybertipline reports and

material preservation.—A provider shall be liable to the

United States Government for a civil penalty in an amount of

not less than $50,000 and not more than $250,000 if the

provider knowingly—

“(i) fails to submit a report under subsection (a)(1)

within the time period required by that subsection;

“(ii) fails to preserve material as required under

subsection (h); or

“(iii) submits a report under subsection (a)(1) that—

“(I) contains materially false or fraudulent information;

“(II) omits information described in subsection (b)(1)(A)

that is reasonably available.

“(B) Annual report violations.—A provider shall be liable

to the United States Government for a civil penalty in an

amount of not less than $100,000 and not more than $1,000,000

if the provider knowingly—

“(i) fails to submit an annual report as required under

subsection (i); or

“(ii) submits an annual report under subsection (i) that—

“(I) contains a materially false, fraudulent, or

misleading statement; or

“(II) omits information described in subsection (i)(1)

that is reasonably available.

“(C) Harm to individuals.—The amount of a civil penalty

under subparagraph (A) or (B) shall be tripled if an

individual is harmed as a direct and proximate result of the

applicable violation.

“(D) Costs of civil actions.—A provider that commits a

violation described in subparagraph (A) or (B) shall be

liable to the United States Government for the costs of a

civil action brought to recover a civil penalty under that

subparagraph.

“(E) Enforcement.—This paragraph shall be enforced in

accordance with sections 3731, 3732, and 3733 of title 31,

except that a civil action to recover a civil penalty under

subparagraph (A) or (B) of this paragraph may only be brought

by the United States Government.

“(3) Deposit of fines and penalties.—Notwithstanding any

other provision of law, any criminal fine or civil penalty

collected under this subsection shall be deposited into the

Child Pornography Victims Reserve as provided in section

2259B.”;

(D) in subsection (f), by striking paragraph (3) and

inserting the following:

“(3) affirmatively search, screen, or scan for—

“(A) facts or circumstances described in subsection

(a)(2);

“(B) information described in subsection (b)(2); or

“(C) any apparent child pornography.”;

(E) in subsection (g)—

(i) in paragraph (2)(A)—

(I) in clause (iii), by inserting “or personnel at a

children's advocacy center” after “State)”; and

(II) in clause (iv), by striking “State or subdivision of

a State” and inserting “State, subdivision of a State, or

children's advocacy center”; 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 striking paragraph (5) and

inserting the following:

“(5) Relation to reporting requirement.—Submission of a

report as described in subsection (a)(1) does not satisfy the

obligations under this subsection.”; and

(G) by adding at the end the following:

“(i) Annual Report.—

“(1) In general.—Not later than March 31 of the second

year beginning after the date of enactment of the STOP CSAM

Act of 2026, and of each year thereafter, a provider that had

more than 1,000,000 unique monthly visitors or users during

each month of the preceding year and accrued revenue of more

than $50,000,000 during the preceding year shall submit to

the Attorney General and the Chair of the Federal Trade

Commission a report, disaggregated by subsidiary, that

provides the following information for the preceding year to

the extent such information is applicable and reasonably

available:

“(A) Cybertipline data.—

“(i) The total number of reports that the provider

submitted under subsection (a)(1).

“(ii) Which items of information described in subsection

(b)(2) are routinely included in the reports submitted by the

provider under subsection (a)(1).

“(B) Other reporting to the provider.—

“(i) The measures the provider has in place to receive

other reports concerning child sexual exploitation and abuse

using the provider's product or on the provider's service.

“(ii) The average time for responding to reports described

in clause (i).

“(iii) The number of reports described in clause (i) that

the provider received.

“(iv) A summary description of the actions taken upon

receipt of the reports described in clause (i).

“(C) Policies.—

“(i) A description of the policies of the provider with

respect to the commission of child sexual exploitation and

abuse using the provider's product or on the provider's

service, including how child sexual exploitation and abuse is

defined.

“(ii) A description of possible user 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).

“(D) Culture of safety.—

“(i) The measures, tools, and technologies that the

provider deploys to—

“(I) protect children from sexual exploitation and abuse

using the provider's product or service;

“(II) prevent or interdict activity by children related to

sexual exploitation and abuse, including the posting or

sharing of intimate visual depictions; and

“(III) accurately identify adult and minor users.

“(ii) The measures, tools, and technologies that the

provider deploys to empower parents and guardians to protect

their children from sexual exploitation and abuse using the

provider's product or service.

“(iii) The measures, tools, and technologies that the

provider deploys to prevent the use of the provider's product

or service by individuals seeking to commit child sexual

exploitation and abuse.

“(iv) With respect to the measures, tools, and

technologies described in clauses (i), (ii), and (iii)—

“(I) an assessment of their efficacy, including any

relevant quantitative information indicating when and how

often they are used; and

“(II) information on any factors that limit their efficacy

or create gaps in their protection and efforts by the

provider to address those loopholes or gaps.

“(v) A description of factors that interfere with the

provider's ability to detect or evaluate instances of child

sexual exploitation and abuse and an analysis of the impact

of those factors.

“(vi) Information shared by the provider with users about

the risks to children on the provider's product or service

concerning sexual exploitation and abuse and an assessment of

the impact of the information on users, including any

relevant quantitative information indicating how often the

information is reviewed.

“(vii) A description of efforts undertaken by the

provider, to the extent appropriate, to allow for independent

verification of the information provided pursuant to this

subparagraph and of the efficacy of the measures, tools, and

technologies described in clauses (i), (ii), and (iii),

including through the facilitation of independent research.

“(E) Safety by design.—The measures that the provider

takes before launching a new product or service—

“(i) to assess—

“(I) the safety risks for children with respect to sexual

exploitation and abuse; and

“(II) whether and how individuals could use the new

product or service to commit child sexual exploitation and

abuse; and

“(ii) to determine—

“(I) the appropriate age for users of the new product or

service; and

“(II) whether the new product or service will be adopted

to commit child sexual exploitation and abuse.

“(F) Prevalence, trends, and patterns.—Any information

concerning—

“(i) the prevalence of child sexual exploitation and abuse

on the provider's product or service, including the volume of

child pornography that is available and that is being

accessed, distributed, or received; and

“(ii) emerging trends, risks, and changing patterns with

respect to the commission of online child sexual exploitation

and abuse.

“(G) Other information.—Any other information relevant to

child sexual exploitation and abuse on the provider's product

or service.

“(2) Avoiding duplication.—Notwithstanding the

requirement under the matter preceding paragraph (1) that

information be submitted annually, in the case of any report

submitted under that paragraph after the

initial report, a provider shall submit information described

in subparagraphs (C) through (F) of that paragraph not less

frequently than once every 3 years or when new information is

available, whichever is more frequent.

“(3) Limitation.—Nothing in paragraph (1) shall require

the disclosure of trade secrets or other proprietary

information.

“(4) Publication.—

“(A) In general.—Subject to subparagraph (B), the

Attorney General and the Chair of the Federal Trade

Commission shall publish the reports received under this

subsection.

“(B) Redaction.—

“(i) In general.—Whether or not such redaction is

requested by the provider, the Attorney General and Chair of

the Federal Trade Commission shall redact from a report

published under subparagraph (A) any information as necessary

to avoid—

“(I) undermining the efficacy of a safety measure

described in the report; or

“(II) revealing how a product or service of a provider may

be used to commit online child sexual exploitation and abuse.

“(ii) Additional redaction.—

“(I) Request.—In addition to information redacted under

clause (i), a provider may request the redaction, from a

report published under subparagraph (A), of any information

that is law enforcement sensitive or otherwise not suitable

for public distribution.

“(II) Agency discretion.—The Attorney General and Chair

of the Federal Trade Commission—

“(aa) shall consider a request made under subclause (I);

and

“(bb) may, in their discretion, redact from a report

published under subparagraph (A) any information pursuant to

the request.”;

(2) in section 2258B—

(A) by striking subsection (a) and inserting the following:

“(a) In General.—

“(1) Limited liability.—Except as provided in subsection

(b), a civil claim or criminal charge described in paragraph

(2) may not be brought in any Federal or State court.

“(2) Covered claims and charges.—A civil claim or

criminal charge referred to in paragraph (1) is a civil claim

or criminal charge against a provider or domain name

registrar, including any director, officer, employee, or

agent of such provider or domain name registrar, that is

directly attributable to—

“(A) the performance of the reporting or preservation

responsibilities of such provider or domain name registrar

under this section, section 2258A, or section 2258C;

“(B) transmitting, distributing, or mailing child

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 and the development and

training of tools, undertaken voluntarily and in good faith

for the sole and exclusive purpose of—

“(i) improving or facilitating reporting under this

section, section 2258A, or section 2258C; or

“(ii) stopping the online sexual exploitation of

children.”; and

(B) in subsection (b)—

(i) in paragraph (1), by striking “; or” and inserting

“or knowingly failed to comply with a requirement under

section 2258A;”;

(ii) in paragraph (2)(C)—

(I) by striking “sections” and inserting “this section

or section”; and

(II) by striking the period and inserting “; or”; and

(iii) by adding at the end the following:

“(3) for purposes of subsection (a)(2)(C), knowingly

distributed or transmitted the material, or made the material

available, except as required by law, to—

“(A) any other entity;

“(B) any person not employed by the provider or domain

name registrar; or

“(C) any person employed by the provider or domain name

registrar who is not conducting any research described in

that subsection.”;

(3) in section 2258C—

(A) in the section heading, by striking “the

CyberTipline” and inserting “NCMEC”;

(B) in subsection (a)—

(i) in the subsection heading, by striking “Elements” and

inserting “Information Sharing With Providers and Entities

for the Purposes of Preventing and Curtailing the Online

Sexual Exploitation of Children”;

(ii) in paragraph (1)—

(I) by striking “to a provider” and inserting the

following: “or submission to the Child Victim Identification

Program to—

“(A) a provider”;

(II) in subparagraph (A), as so designated—

(aa) by inserting “use of the provider's products or

services to commit” after “stop the”; and

(bb) by striking the period at the end and inserting “;

or”; and

(III) by adding at the end the following:

“(B) an entity for the sole and exclusive purpose of

preventing and curtailing the online sexual exploitation of

children.”; and

(iii) in paragraph (2)—

(I) in the heading, by striking “Inclusions” and

inserting “Elements”;

(II) by striking “unique identifiers” and inserting

“similar technical identifiers”;

(III) by inserting “or content, elements, or reported

materials,” after “visual depiction,”;

(IV) by inserting a comma after “location”;

(V) by striking “and any other elements”; and

(VI) by inserting “or submission to the Child Victim

Identification Program” after “CyberTipline report”;

(i) in the heading, by inserting “or Entities” after

“Providers”;

(ii) by striking “Any provider” and inserting the

following:

“(1) In general.—Any provider or entity”;

(iii) in paragraph (1), as so designated—

(I) by striking “receives” and inserting “obtains”; and

(II) by inserting “or submission to the Child Victim

Identification Program” after “CyberTipline report”; and

(iv) by adding at the end the following:

“(2) Limitation on sharing with other entities.—A

provider or entity that obtains elements under subsection

(a)(1) may not distribute those elements, or make those

elements available, to any other entity, except for the sole

and exclusive purpose of curtailing, preventing, or stopping

the online sexual exploitation of children.”;

(D) in subsection (c)—

(i) by striking “subsections” and inserting

“subsection”;

(ii) by striking “providers receiving” and inserting “a

provider or entity to obtain”;

(iii) by inserting “or submission to the Child Victim

Identification Program” after “CyberTipline report”; and

(iv) by striking “to use the elements to stop the online

sexual exploitation of children”; and

(E) in subsection (d), by inserting “or to the Child

Victim Identification Program” after “CyberTipline”;

(4) in section 2258E—

(A) in paragraph (6), by striking “electronic

communication service provider” and inserting “electronic

communication service”;

(B) in paragraph (7), by striking “and” at the end;

inserting a semicolon; and

(D) by adding at the end the following:

“(9) the term `publicly available', with respect to a

visual depiction on a provider's service, means the visual

depiction can be viewed by or is accessible to all users of

the service, regardless of the steps, if any, a user must

take to create an account or to gain access to the service in

order to access or view the visual depiction; and

“(10) the term `Child Victim Identification Program' means

the program described in section 404(b)(1)(K)(ii) of the

Juvenile Justice and Delinquency Prevention Act of 1974 (34

U.S.C. 11293(b)(1)(K)(ii)).”;

(5) in section 2259B(a), by inserting “, any fine or

penalty collected under section 2258A(e),” after “2259A”;

and

(6) by adding at the end the following:

“Sec. 2260B. Liability for certain child sexual exploitation

offenses

“(a) Offense.—It shall be unlawful for a provider of an

interactive computer service, as that term is defined in

section 230 of the Communications Act of 1934 (47 U.S.C.

230), that operates through the use of any facility or means

of interstate or foreign commerce or in or affecting

interstate or foreign commerce, through such service to—

“(1) intentionally host or store child pornography 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 computer

service that violates subsection (a)—

“(1) subject to paragraph (2), shall be fined not more

than $1,000,000; and

“(2) if the offense involves a conscious or reckless risk

of serious personal injury or an individual is harmed as a

direct and proximate result of the violation, shall be fined

not more than $5,000,000.

“(c) Rule of Construction.—Nothing in this section shall

be construed to apply to any good faith action by a provider

of an interactive computer service that is necessary to

comply with a valid court order, subpoena, search warrant,

statutory obligation, or preservation request from law

enforcement.”.

(b) Clerical Amendment.—The table of sections for chapter

110 of title 18, United States Code, is amended by adding at

the end the following:

“2260B. Liability for certain child sexual exploitation offenses.”.

of Providers.—The amendments made by subsection (a)(1) of

this section shall take effect on the date that is 120 days

after the date of enactment of this Act.

SEC. 1098. EXPANDING CIVIL REMEDIES FOR VICTIMS OF ONLINE

CHILD SEXUAL EXPLOITATION.

(a) Statement of Intent.—Nothing in this section shall be

construed to abrogate or narrow any case law concerning

section 2255 of title 18, United States Code.

(b) Civil Remedy for Personal Injuries.—Section 2255(a) of

title 18, United States Code, is amended—

(1) by striking “In General.—Any person who, while a

minor, was a victim of a violation of section 1589, 1590,

1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260,

2421, 2422, or 2423 of this title and who suffers personal

injury as a result of such violation, regardless of whether

the injury occurred while such person was a minor, may sue”

and inserting the following: “Private Right of Action.—

“(1) In general.—Any person described in subparagraph

(A), (B), or (C) of paragraph (2) who suffers personal injury

as a result of a violation described in that subparagraph,

regardless of whether the injury occurred while such person

was a minor, may bring a civil action”; and

(2) by adding at the end the following:

“(2) Eligible persons.—Paragraph (1) shall apply to any

person—

“(A) who, while a minor, was a victim of—

“(i) a violation of section 1589, 1590, 1591, 2241, 2242,

2243, 2251, 2251A, 2260(a), 2421, 2422, or 2423;

“(ii) an attempt to violate section 1589, 1590, or 1591

under section 1594(a);

“(iii) a conspiracy to violate section 1589 or 1590 under

section 1594(b); or

“(iv) a conspiracy to violate section 1591 under section

1594(c);

“(B) who—

“(i) is depicted as a minor in child 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).”.

(1) In general.—Chapter 110 of title 18, United States

Code, is amended by inserting after section 2255 the

following:

“Sec. 2255A. Additional remedy for certain victims of child

pornography or child sexual exploitation

“(a) In General.—

“(1) Promotion or aiding and abetting of certain

violations.—Any person who is a victim of the intentional,

knowing, or reckless promotion, or aiding and abetting, of a

violation of section 1591 or 1594(c) (involving a minor), or

section 2251, 2251A, 2252, 2252A, or 2422(b), where such

promotion, or aiding and abetting, is by a provider of an

interactive computer service or an app store, and who suffers

personal injury as a result of such promotion or aiding and

abetting, regardless of when the injury occurred, may bring a

civil action in any appropriate United States District Court

for relief set forth in subsection (b).

“(2) Activities involving child pornography.—Any person

who is a victim of the intentional, knowing, or reckless

hosting or storing of child pornography or making child

pornography available to any person by a provider of an

interactive computer service, and who suffers personal injury

as a result of such hosting, storing, or making available,

regardless of when the injury occurred, may bring a civil

action in any appropriate United States District Court for

relief set forth in subsection (b).

“(b) Relief.—In a civil action brought by a person under

subsection (a)—

“(1) the person shall recover the actual damages the

person sustains or liquidated damages in the amount of

$300,000, and the cost of the action, including reasonable

attorney fees and other litigation costs reasonably incurred;

and

“(2) the court may, in addition to any other relief

available at law, award punitive damages and such other

preliminary and equitable relief as the court determines to

be appropriate, including a temporary restraining order, a

preliminary injunction, or a permanent injunction ordering

the defendant to cease the offending conduct.

“(c) Statute of Limitations.—There shall be no time limit

for the filing of a complaint commencing an action under

subsection (a).

“(d) Venue; Service of Process.—

“(1) Venue.—Any action brought under subsection (a) may

be brought in the district court of the United States that

meets applicable requirements relating to venue under section

1391 of title 28.

“(2) Service of process.—In an action brought under

subsection (a), process may be served in any district in

which the defendant—

“(A) is an inhabitant; or

“(B) may be found.

“(e) Relation to Section 230 of the Communications Act of

1934.—Nothing in section 230 of the Communications Act of

1934 (47 U.S.C. 230) shall be construed to impair or limit

any claim brought under subsection (a).

“(f) Rules of Construction.—

“(1) Applicability to legal process or obligation.—

Nothing in this section shall be construed to apply to any

good faith action that is necessary to comply with a valid

court order, subpoena, search warrant, statutory obligation,

or preservation request from law enforcement.

“(2) Application of section 2258b.—A civil action brought

under subsection (a) shall be subject to section 2258B.

“(g) Encryption Technologies.—

“(1) In general.—None of the following actions or

circumstances shall serve as an independent basis for

liability under subsection (a):

“(A) Utilizing full end-to-end encrypted messaging

services, device encryption, or other encryption services.

“(B) Not possessing the information necessary to decrypt a

communication.

“(C) Failing to take an action that would otherwise

undermine the ability to offer full end-to-end encrypted

messaging services, device encryption, or other encryption

services.

“(2) Consideration of evidence.—Evidence of actions or

circumstances described in paragraph (1) shall be admissible

in a civil action brought under subsection (a) if—

“(A) the actions or circumstances are relevant under rules

401 and 402 of the Federal Rules of Evidence to—

“(i) prove motive, intent, preparation, plan, absence of

mistake, or lack of accident; or

“(ii) rebut any evidence or factual or legal claim; and

“(B) the actions or circumstances—

“(i) are otherwise admissible under the Federal Rules of

Evidence; and

“(ii) are not subject to exclusion under rule 403 or any

other rule of the Federal Rules of Evidence.

“(3) No effect on discovery.—Nothing in paragraph (1) or

(2) shall be construed to create a defense to a discovery

request or otherwise limit or affect discovery in any civil

action brought under subsection (a).

“(h) Defense.—In a civil action under subsection (a)(2)

involving knowing or reckless conduct, it shall be a defense

at trial, which the provider of an interactive computer

service must establish by a preponderance of the evidence as

determined by the finder of fact, that—

“(1) the provider disabled access to or removed the child

pornography within a reasonable timeframe, and in any event

not later than 48 hours after obtaining knowledge that the

child pornography was being hosted, stored, or made available

by the provider (or, in the case of a provider that, for the

most recent calendar year, averaged fewer than 10,000,000

active users on a monthly basis in the United States, within

a reasonable timeframe, and in any event not later than 2

business days after obtaining such knowledge);

“(2) the provider exercised a reasonable, good faith

effort to disable access to or remove the child pornography

but was unable to do so for reasons outside the provider's

control; or

“(3) it is technologically impossible for the provider to

disable access to or remove the child pornography without

compromising encryption technologies.

“(i) Sanctions for Repeated Bad Faith Civil Actions or

Defenses.—

“(1) Definitions.—In this subsection:

“(A) Bad faith civil action.—The term `bad faith civil

action' means a civil action brought under subsection (a) in

bad faith where the finder of fact determines that at the

time the civil action was filed, the party, attorney, or law

firm described in paragraph (2) had actual knowledge that—

“(i) the alleged conduct did not involve any minor; or

“(ii) the alleged child pornography did not depict—

“(I) any minor; or

“(II) sexually explicit conduct, sexual suggestiveness,

full or partial nudity, or implied sexual activity.

“(B) Bad faith defense.—The term `bad faith defense'

means a defense in a civil action brought under subsection

(a) raised in bad faith where the finder of fact determines

that at the time the defense was raised, the party, attorney,

or law firm described in paragraph (3) had actual knowledge

that the defense—

“(i) was made solely for the purpose of delaying the civil

action or increasing the costs of the civil action; or

“(ii) was objectively baseless in light of the applicable

law or facts at issue.

“(2) Bad faith civil action.—In the case of a civil

action brought under subsection (a), the court may impose

sanctions on—

“(A) the party bringing the civil action if the court

finds that the party has brought 2 or more bad faith civil

actions (which may include the instant civil action); or

“(B) an attorney or law firm representing the party

bringing the civil action if the court finds that the

attorney or law firm has represented—

“(i) a party who has brought 2 or more bad faith civil

actions (which may include the instant civil action); or

“(ii) 2 or more parties who have each brought a bad faith

civil action (which may include the instant civil action).

“(3) Bad faith defense.—In the case of a civil action

brought under subsection (a), the court may impose sanctions

on—

“(A) the party defending the civil action if the court

finds that the party has raised 2 or more bad faith defenses

(which may include 1 or more defenses raised in the instant

civil action); or

“(B) an attorney or law firm representing the party

defending the civil action if the court finds that the

attorney or law firm has represented—

“(i) a party who has raised 2 or more bad faith defenses

(which may include 1 or more defenses raised in the instant

civil action); or

“(ii) 2 or more parties who have each raised a bad faith

defense (which may include a defense raised in the instant

civil action).

“(4) Implementation.—Rule 11(c) of the Federal Rules of

Civil Procedure shall apply to sanctions imposed under this

subsection in the same manner as that rule applies to

sanctions imposed for a violation of rule 11(b) of those

Rules.

“(5) Rules of construction.—

“(A) Rule 11.—This subsection shall not be construed to

limit or expand the application of rule 11 of the Federal

Rules of Civil Procedure.

“(B) Definition change.—Paragraph (1)(A)(ii) shall not be

construed to apply to a civil action affected by a

contemporaneous change in the law with respect to the

definition of `child pornography'.

“(j) Definitions.—In this section:

“(1) App.—The term `app' means a software application or

electronic service that may be run or directed by a user on a

computer, a mobile device, or any other general purpose

computing device.

“(2) App store.—The term `app store' means a publicly

available website, software application, or other electronic

service that—

“(A) distributes apps from third-party developers to users

of a computer, a mobile device, or any other general purpose

computing device; and

“(B) operates—

“(i) through the use of any means or facility of

interstate or foreign commerce; or

“(ii) in or affecting interstate or foreign commerce.

“(3) Interactive computer service.—The term `interactive

computer service' means an interactive computer service, as

defined in section 230(f) of the Communications Act of 1934

(47 U.S.C. 230(f)), that operates—

“(A) through the use of any means or facility of

interstate or foreign commerce; or

“(B) in or affecting interstate or foreign commerce.

“(k) Savings Clause.—Nothing in this section, including

the defenses under this section, shall be construed to apply

to any civil action brought under any other Federal law,

rule, or regulation, including any civil action brought

against a provider of an interactive computer service or an

app store under section 1595 or 2255.”.

(2) Clerical amendment.—The table of sections for chapter

110 of title 18, United States Code, is amended by inserting

after the item relating to section 2255 the following:

“2255A. Additional remedy for certain victims of child pornography or

child sexual exploitation.”.

SEC. 1099. SEVERABILITY.

If any provision of this subtitle, an amendment made by

this subtitle, or the application of such provision or

amendment to any person or circumstance is held to be

unconstitutional, the remainder of this subtitle and the

amendments made by this subtitle, and the application of the

provision or amendment to any other person or circumstance,

shall not be affected.

SEC. 1100. CONTINUED APPLICABILITY OF FEDERAL, STATE, AND

TRIBAL LAW.

(a) Federal Law.—Nothing in this subtitle or the

amendments made by this subtitle, nor any rule or regulation

issued pursuant to this subtitle or the amendments made by

this subtitle, shall affect or diminish any right or remedy

for a victim of child pornography or child sexual

exploitation under any other Federal law, rule, or

regulation, including any claim under section 2255 of title

18, United States Code, with respect to any individual or

entity.

(b) State or Tribal Law.—Nothing in this subtitle or the

amendments made by this subtitle, nor any rule or regulation

issued pursuant to this subtitle or the amendments made by

this subtitle, shall—

(1) preempt, diminish, or supplant any right or remedy for

a victim of child pornography or child sexual exploitation

under any State or Tribal common or statutory law; or

(2) prohibit the enforcement of a law governing child

pornography or child sexual exploitation that is at least as

protective of the rights of a victim as this subtitle and the

amendments made by this subtitle.

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