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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“(C) Exclusion.--The term ``covered integrated circuit'' does not include-- (i) covered integrated circuits or products containing a covered integrated circuit that are not designed or marketed for use in a data center; (ii) microprocessor microcircuits, such as central processing units, that are not graphics processing units or similar products; or (iii) network switch integrated circuits whose dominant function is routing traffic over a computing network. (4) Destination of concern.--The term ``destination of concern'' means-- (A) a country subject to a United States arms embargo as described in section 126.1 of title 22, Code of Federal Regulations; or (B) any other country determined by the Under Secretary.”
“(3) Covered integrated circuit product.-- (A) In general.--The term ``covered integrated circuit product'' means a certain integrated circuit, computer, or other product classified under Export Control Classification Number 3A090, 4A090, 5A002.z, related .z Export Control Classification Numbers, or other functionally equivalent or substantially similar items. (B) Modification.--The Under Secretary shall routinely modify the definition of the term ``covered integrated circuit product'' under subparagraph (A) for the purposes of this subtitle to ensure only integrated circuits, computers, electronic assembly, or components designed or marketed for datacenter use are subject to the requirements of this subtitle.”
“(2) Chip security mechanism.--The term ``chip security mechanism'' means, with respect to a covered integrated circuit product, a software-, firmware-, or hardware-enabled security mechanism or a physical security mechanism, including-- (A) periodic on-site audits or inventories at the end- user's approved destination for the covered integrated circuit product; (B) periodic attestations by a U.S.-headquartered entity, or its subsidiaries, confirming that all covered integrated circuit products are accounted for, provided the Under Secretary approves the attestations; (C) except in the case of a covered integrated circuit product whose sole or principal function is memory or storage, ping-based location verification through a trusted landmark server utilizing secure software- or firmware- enabled mechanisms; or (D) various other mechanisms, or combinations of mechanisms, that the Under Secretary determines can verifiably demonstrate with significant confidence that the covered integrated circuit product has not been illegally diverted to a destination of concern.”
“SEC. 6083. DEFINITIONS. In this subtitle: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs of the House of Representatives.”
“It is the sense of Congress that-- (1) technology developed in the United States should serve as the foundation for the global ecosystem of artificial intelligence to advance the foreign policy and national security objectives of the United States and allies and partners of the United States; (2) the United States can foster goodwill, strengthen relationships, and support innovative research around the world by providing allies and partners of the United States with advanced computing capabilities; (3) advanced integrated circuits and computing hardware that are exported from the United States must be protected from diversion, theft, and other unauthorized use or exploitation in order to bolster the competitiveness of the United States and protect the national security of the United States; (4) illegal diversion of advanced integrated circuits and computing hardware, particularly illegal diversion to the People's Republic of China and the Russian Federation, is a significant and growing issue that undermines the United States' export controls and threatens the United States' national security; (5) implementing chip security mechanisms will improve enforcement of export control laws of the United States, assist allies and partners with guarding computing hardware, and enhance protections from bad actors looking to access, divert, or tamper with advanced integrated circuits and computing hardware; and (6) implementing chip security mechanisms may help with the detection of smuggling or exploitation of advanced integrated circuits and computing hardware, thereby allowing for increased flexibility in export controls and opening the door for more international partners to receive streamlined and larger shipments of advanced computing hardware.”
“(6) Prohibition on new budget authority.--Nothing in this subtitle may be construed to provide new budget authority to incur obligations in advance of appropriations. [[Page S3994]] Subtitle K--Chip Security Act SEC. 6081. SHORT TITLE. This subtitle may be cited as the ``Chip Security Act''. SEC. 6082. SENSE OF CONGRESS.”
“(4) Updates.--Not less frequently than every 2 years, the Administrator, in collaboration with commercial entities, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives interim milestone updates relating to the pilot program under this section. (5) Termination.-- (A) In general.--The authority to collect voluntary contributions under paragraph (1)(A) shall terminate on December 31, 2031. (B) Rule of construction.--The termination under subparagraph (A) of the authority to collect voluntary contributions may not be construed to otherwise affect the validity or terms of agreements under section 20113(e) of title 51, United States Code, or the retention or use by the Administration of proceeds from such agreements.”
“(3) Annual report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on projects conducted under this section that includes the following: (A) For the preceding calendar year, the total amount of expenditures on projects by NASA and industry. (B) The proposed uses of amounts contributed by NASA and industry for the operating plans of the Administration. (C) Additional recommendations for efforts to streamline or reduce costs for each agreed upon project described in this section.”
“(D) Unexpended contributions.--For any voluntary contributions from a commercial entity designated to a specific project that are not fully expended on that project within 90 days of the project becoming operational, the Administrator shall, at the election of the contributing commercial entity-- (i) refund the unexpended portion to the entity; or (ii) allow the commercial entity to redesignate the funds to another eligible project under this subsection.”
“(B) Consultation.--The Administrator shall consult and partner with other Federal, State, and local public entities-- (i) to ensure that such projects are not duplicative; and (ii) to identify opportunities for projects to provide increased capability or capacity to users. (C) Treatment of improvements.--Improvements made to NASA- owned infrastructure at a NASA Center with amounts made available under a voluntary agreements under this section shall be property of the United States, unless the Administrator determines that transferring ownership of such improvements would be in the best interests of the United States.”
“(2) Use of funds.-- (A) In general.--Contributions proffered by entities under agreements in support of projects shall be used by the Administrator to conduct capital repairs, maintenance, and improvements to NASA-owned infrastructure at a NASA Center, as the Administrator considers necessary to support activities conducted under agreements entered into under section 20113(e) of title 51, United States Code, which may include renovation, rehabilitation, sustainment, demolition, construction, operation, maintenance, repair, enhancement, expansion, and modernization of NASA-owned infrastructure at a NASA Center.”
“(iii) Direct contributions.--The Administrator may make direct financial or in-kind contributions to projects undertaken by commercial entities under agreements entered into under clause (i), as the Administrator considers appropriate to support common use infrastructure at a NASA Center.”
“(H) Contributions from other entities.--The Administrator may enter into agreements for voluntary contributions from other entities, including Federal, State, or local authorities, for the purpose of funding projects. (I) Direct agreements.-- (i) Rule of construction.--Nothing in this subtitle may be construed to restrict the Administrator from entering into direct agreements under section 20113(e) of title 51, United States Code, with entities to perform work within a NASA Center separate from the activities funded through projects. (ii) Prioritization.--The Administrator shall prioritize such direct agreements in instances in which required work would be completed more expeditiously or at a lower cost than through the pilot program described in this section.”
“(G) CECR funds.-- (i) In general.--As provided in advance in appropriations Acts, the Administrator is authorized to use amounts otherwise made available within the Construction and Environmental Compliance and Restoration account to fulfill the obligations entered into by the Administrator under agreements pursuant to this section. (ii) Receipt of funds.--Contributions may be collected only as provided in subparagraph (A). Private contributions deposited into the Construction and Environmental Compliance and Restoration account shall be available only to the extent and in such amounts as provided in advance in appropriations Acts, and shall be subject to the same purposes, terms, and conditions as amounts otherwise appropriated to the account.”
“(F) Requirements with respect to agreements.--Each agreement entered into with a commercial entity under subparagraph (A) shall, on a case-by-case basis-- (i) address the terms of use, ownership, and disposition of the funds, services, or equipment contributed pursuant to the agreement; (ii) include a provision that the commercial entity will not recover the costs of its contribution through any other agreement with the United States; and (iii) include a provision that mutually determines which entity covers costs in the event of cost overruns or project delays.”
“(E) Nonconditioning of agreements.--The Administrator shall not withhold execution of any agreement under section 20113(e) of title 51, United States Code, or deny a lease or other authorization for commercial activities on the basis of a failure to reach agreement on the amount or terms of contributions described in this section.”
“(C) Project costs and timelines.--The Administrator shall-- (i) to the maximum extent practicable, ensure that the projects described in this section are completed within the cost estimates and timelines established under subparagraph (B)(i); and (ii) exercise streamlined acquisition procedures to the maximum extent allowed by law. (D) Cost-sharing.--The Administrator shall ensure that any agreement entered into with a commercial entity under subparagraph (A) provides that, at the conclusion of the project, any funds contributed by the commercial entity that remain unexpended shall be returned to such entity in proportion to the amount originally contributed by the partner.”
“Any contributions so collected shall be available only to the extent and in such amounts as provided in advance in appropriations Acts, and shall be subject to the same purposes, terms, and conditions as amounts otherwise appropriated to the account. (B) Transparency.-- (i) Cost and schedule estimates.--In any agreement that includes the means for voluntary contributions described in this section, the Administrator shall establish a reasonable cost and schedule baseline for each project. (ii) Project completion.--At the conclusion of each designated project, the Administrator shall provide each contributing commercial entity with a final project cost, including a breakdown of cost sharing between government and commercial entities.”
“(b) Agreements in Support of Common Use Infrastructure Projects.-- (1) Funding.-- (A) Voluntary infrastructure contributions.--The Administrator may enter into agreements under section 20113(e) of title 51, United States Code, involving transactions that support public and commercial activities at 1 or more NASA Centers, and such agreements may include the authority to collect voluntary infrastructure contributions to fund specific capital repair, maintenance, and improvement projects described in paragraph (2), but no contribution may be collected or accepted, and no agreement authorizing the collection of such contributions may be executed, except to the extent and in such amounts as provided in advance in an appropriations Act.”
“(5) Project.--The term ``project'' means any work performed in support of a common activity or infrastructure effort under 1 or more common use infrastructure agreements entered into pursuant to this subtitle, regardless of whether such work is conducted pursuant to a single agreement or multiple separate agreements with different commercial entities. SEC. 6073. PILOT PROGRAM FOR INFRASTRUCTURE INVESTMENTS AT NASA CENTERS. (a) Pilot Program.--The Administrator may conduct a pilot program for private and public investment in specific infrastructure projects at 1 or more NASA Centers.”
“In this subtitle: (1) Administration.--The term ``Administration'' means the National Aeronautics and Space Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration. (3) Common use infrastructure.--The term ``common use infrastructure''-- (A) means any infrastructure that benefits 1 or more NASA Center users; (B) includes roadways and commodities pipelines and portions of roadways and commodities pipelines; and (C) does not include any infrastructure that solely benefits the National Aeronautics and Space Administration. (4) NASA.--The term ``NASA'' means the National Aeronautics and Space Administration.”
“(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. [[Page S3993]] Subtitle J--Space Ready Act SEC. 6071. SHORT TITLE. This subtitle may be cited as the ``Space Ready Act''. SEC. 6072. DEFINITIONS.”
“(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.”