Tommy Tuberville
Senator for Alabama · Republican · United States
“(e) Report on Certain Drivers of Deforestation and Environmental Degradation in the Brazilian Amazon.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with relevant Federal agencies, shall submit a report to Congress regarding certain drivers of deforestation and environmental d…”
“(e) Report on Certain Drivers of Deforestation and Environmental Degradation in the Brazilian Amazon.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with relevant Federal agencies, shall submit a report to Congress regarding certain drivers of deforestation and environmental d…”
“(a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Attorney General, the Secretary of the Treasury, and the heads of other Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees a comprehensive strategy, with a classif…”
“(a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Attorney General, the Secretary of the Treasury, and the heads of other Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees a comprehensive strategy, with a classif…”
“``(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…”
“``(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…”
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“(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.”
“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. 6069D. CONTINUED APPLICABILITY OF FEDERAL, STATE, AND TRIBAL LAW.”
“``(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. 6069C. SEVERABILITY.”
“``(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.”
“``(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.”
“``(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).”
“``(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).”
“``(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.”
“``(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.”
“``(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.”
“``(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).”
“``(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.”
“``(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.”
“[[Page S3992]] ``(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).”
“``(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).”
“``(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).”
“(c) Civil Remedy Against Online Platforms and App Stores.-- (1) In general.--Chapter 110 of title 18, United States Code, is amended by inserting after section 2255 the following: ``Sec. 2255A. 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).”
“(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).''.”
“Liability for certain child sexual exploitation offenses.''. (c) Effective Date for Amendments to Reporting Requirements of Providers.--The amendments made by subsection (a)(1) of this section shall take effect on the date that is 120 days after the date of enactment of this Act. SEC. 6069B. 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) 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.”
“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).”
“``(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-- [[Page S3991]] ``(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''; (C) in subsection (b)-- (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; (C) in paragraph (8), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(9) the term `publicly available', with respect to a visual depiction on a provider's service, means the visual depiction can be viewed by or is accessible to all users of the service, regardless of the steps, if any, a user must take to create an account or to gain access to the service in order to access or view the visual depiction; and ``(10) the term `Child Victim Identification Program' means the program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C.”
“``(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.”
“``(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.”
“``(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.”
“``(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.”
“``(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.”
“``(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.”
“``(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.”
“``(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.”
“``(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).”
“``(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).”
“``(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 [[Page S3990]] 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 , 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).”
“``(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.”
“``(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.”
“``(2) Civil penalty.-- ``(A) Violations relating to cybertipline reports and material preservation.--A provider shall be liable to the United States Government for a civil penalty in an amount of not less than $50,000 and not more than $250,000 if the provider knowingly-- ``(i) fails to submit a report under subsection (a)(1) within the time period required by that subsection; ``(ii) fails to preserve material as required under subsection (h); or ``(iii) submits a report under subsection (a)(1) that-- ``(I) contains materially false or fraudulent information; or ``(II) omits information described in subsection (b)(1)(A) that is reasonably available.”
“``(B) 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) Technical identifiers.--If a report submitted under subsection (a)(1) contains an industry-standard hash value or other similar industry-standard technical identifier-- ``(A) NCMEC may compare that hash value or identifier with any database or repository of visual depictions owned or operated by NCMEC; and ``(B) if the comparison under subparagraph (A) results in a match, NCMEC may include the matching visual depiction from its database or repository when forwarding the report to an agency described in subparagraph (A) or (B) of paragraph (1).''; (B) in subsection (d)-- (i) in paragraph (2), by striking ``subsection (c)(1)'' and inserting ``subsection (c)(1)(A)''; (ii) in paragraph (3)-- (I) in subparagraph (A), by striking ``subsection (c)(3)'' and inserting ``subsection (c)(1)(C)''; and (II) in subparagraph (C), by striking ``subsection (c)(3)'' and inserting ``subsection (c)(1)(C)''; and (iii) in paragraph (5)(B)-- (I) in clause (i), by striking ``forwarded'' and inserting ``made available''; and (II) in clause (ii), by striking ``forwarded'' and inserting ``made available''; (C) by striking subsection (e) and inserting the following: ``(e) Failure to Comply With Requirements.-- ``(1) Criminal penalty.-- ``(A) Offense.--It shall be unlawful for a provider to knowingly-- ``(i) fail to submit a report under subsection (a)(1) within the time period required by that subsection; or ``(ii) fail to preserve material as required under subsection (h).”
“``(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.”
“``(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.”
“``(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.”
“``(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.”
“``(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.”
“``(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.”
“``(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.”
“``(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 [[Page S3989]] 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) 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).”
“(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.”
“``(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. 6069A. CYBERTIPLINE IMPROVEMENTS, AND ACCOUNTABILITY AND TRANSPARENCY BY THE TECH INDUSTRY.”
“``(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.”