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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“``(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.”
“``(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.”
“``(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.”
“``(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.”
“``(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) 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.”
“``(2) Assumption of crime victim's rights.--In''; and (C) in paragraph (2), as so designated, by inserting ``may assume the rights of the victim under this section'' after ``suitable by the court''; (3) in section 2259-- (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 (C) in subsection (c)-- (i) by striking paragraph (1) and inserting the following: ``(1) Child pornography production.--For purposes of this section and section 2259A, the term `child pornography production' means-- ``(A) a violation of, 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 [[Page S3988]] 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.”
“(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. 6069. FACILITATING PAYMENT OF RESTITUTION; TECHNICAL AMENDMENTS TO RESTITUTION STATUTES. Title 18, United States Code, is amended-- (1) in section 1593(c)-- (A) by inserting ``(1)'' after ``(c)''; (B) by striking ``chapter, including, in'' and inserting the following: ``chapter. ``(2) In''; and (C) in paragraph (2), as so designated, by inserting ``may assume the rights of the 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.”
“``(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''.”
“``(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); (C) in paragraph (1), by inserting ``and any civil action 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.”
“``(B) Supervision of payments.--Payments from appropriations authorized under subparagraph (A) shall be made under the supervision of the Director of the Administrative Office of the United States Courts.''; (6) in subsection (i)-- (A) by striking ``A child testifying at or attending a judicial proceeding'' and inserting the following: ``(1) In general.--A child testifying at a judicial proceeding, including in a manner described in subsection (b),''; (B) in paragraph (1), as so designated-- (i) in the third sentence, by striking ``proceeding'' and inserting ``testimony''; and (ii) by striking the fifth sentence; and (C) by adding at the end the following: ``(2) Recording.--If the adult attendant is in close physical proximity to or in contact with the child while the child testifies-- ``(A) at a judicial proceeding, a video recording of the adult attendant shall be made and shall become part of the court record; or ``(B) in a manner described in subsection (b), the adult attendant shall be visible on the closed-circuit television or in the recorded deposition.”
“``(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.”
“``(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, [[Page S3987]] 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.”
“(a) In General.--Section 3509 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (2)(A), by striking ``or exploitation'' and inserting ``exploitation, or kidnapping, including international parental kidnapping''; (B) in paragraph (3), by striking ``physical or mental injury'' and inserting ``physical injury, psychological abuse''; (C) by striking paragraphs (5), (6), and (7) and inserting the following: ``(5) the term `psychological abuse' includes-- ``(A) a pattern of acts, threats of acts, or coercive tactics intended to degrade, humiliate, intimidate, or terrorize a child; and ``(B) the infliction of trauma on a child through-- ``(i) isolation; ``(ii) the withholding of food or other necessities in order to control behavior; ``(iii) physical restraint; or ``(iv) the confinement of the child without the child's consent and in degrading conditions; ``(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).''; (C) in paragraph (3)-- (i) in subparagraph (A)-- (I) by striking ``a child from public disclosure of the name of or any other information concerning the child'' and inserting ``a covered person's protected information from public disclosure''; and (II) by striking ``, if the court determines that there is a significant possibility that such disclosure would be detrimental to the child''; (ii) in subparagraph (B)-- (I) in clause (i)-- (aa) by striking ``a child witness, and the testimony of any other witness'' and inserting ``any witness''; and (bb) by striking ``the name of or any other information concerning a child'' and inserting ``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.”
“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''. [[Page S3986]] SEC. 6068. PROTECTING CHILD VICTIMS AND WITNESSES IN FEDERAL COURT.”
“3003)), the head of each such agency shall also report to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives, on the number of identified cases of potential conflict of interest related to royalty payments and the steps taken to mitigate those cases. SEC. 6065. 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 the amendment to any other person or circumstance, shall not be affected. Subtitle I--STOP CSAM Act of 2026 SEC. 6067. SHORT TITLE.”
“(b) Ongoing Reviews.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, each agency conducting any conflict of interest review described in subsection (a) shall report to the Committees on Homeland Security and Governmental Affairs and Commerce, Science, and Transportation of the Senate and the Committees on Oversight and Government Reform and Energy and Commerce of the House of Representatives, and as to each agency within the intelligence community (as that term is defined in section 3 of the National Security Act of 1947 (50 U.S.C.”
“SEC. 6064. PREVENTING ORGANIZATIONAL CONFLICTS OF INTEREST IN FEDERAL ACQUISITION. (a) In General.--The Federal Acquisition Regulatory Council and the Office of Management and Budget shall, as appropriate, enact or update any regulation necessary to ensure that conflict of interest reviews for prospective contractors or grantees include reviews of royalties paid to prospective contractors or grantees in the preceding calendar year.”
“(d) Access to Information.--The Director of the National Institutes of Health shall provide the Comptroller General with timely access to records, personnel, and other information the Comptroller General determines necessary to conduct each evaluation required under subsection (b). Nothing in this subsection shall be construed to authorize the National Institutes of Health to withhold information from the Comptroller General on the basis that the information is contained in, or relates to, a confidential grant application, peer-review record, or other nonpublic agency record. (e) Reports.--The Comptroller General shall submit each unredacted report required under subsection (b) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.”
“(c) Contents.--Each evaluation required under subsection (b) shall include-- (1) a description of the policies, procedures, guidance, training, and internal controls used by the National Institutes of Health to identify, evaluate, document, waive, and address actual or apparent conflicts of interest for members of covered peer review groups; (2) an assessment of the completeness, accuracy, and timeliness of the certifications made under section 13103(k)(2) of title 5, United States Code, including whether the National Institutes of Health maintains documentation sufficient to support such certifications; (3) the number of covered peer review groups and the approximate number of members of such groups covered by the certifications during the period reviewed; (4) a description of the categories of information reviewed by the National Institutes of Health to identify actual or apparent conflicts of interest, including financial interests, employment relationships, institutional affiliations, professional associations, close-relative interests, and involvement with applications, proposals, or contract projects under review; (5) an assessment of the process used by the National Institutes of Health to determine whether a member of a covered peer review group must recuse from review of a grant application, contract proposal, or contract project; (6) an assessment of the process used by the National Institutes of Health to grant, document, and retain any waiver of a conflict-of-interest requirement under section 52h.5 of title 42, Code of Federal Regulations, or any successor regulation; (7) a review of a representative sample of covered peer review groups, member certifications, recusal determinations, waiver determinations, and related records, as the Comptroller General determines appropriate; (8) an assessment of whether the certification process of the National Institutes of Health is sufficient to ensure compliance with section 52h.5 of title 42, Code of Federal Regulations, or any successor regulation, without requiring the Comptroller General to make individualized compliance determinations for each member of a covered peer review group; (9) a description of any material deficiencies, gaps, inconsistencies, or failures identified by the Comptroller General in the conflict-of-interest process, certification process, documentation, or internal controls of the National Institutes of Health; (10) a description of any corrective action taken or planned by the National Institutes of Health in response to deficiencies identified by the Comptroller General; and (11) any recommendations of the Comptroller General to improve the processes described in this section, including any recommendations for legislative or administrative action.”
“(b) Reviews Required.--The Comptroller General shall submit to the committees described in subsection (e) an initial report not later than 2 years after the date of enactment of this Act and a second report not later than 1 year after the date described in section 6062(a)(2) on the process used by the National Institutes of Health to apply the requirements relating to recusal for any actual or apparent conflict of interest under section 52h.5 of title 42, Code of Federal Regulations, or any successor regulation, with respect to members of covered peer review groups, including the process used to make certifications described in section 13103(k)(2) of title 5, United States Code, as added by section 6062(a)(1)(B) of this subtitle.”
“(f) Rule of Construction.--Nothing in this section, or any amendment made by this section, shall be construed to limit the ability of an advisory committee, as defined in section 1001 of title 5, United States Code, to conduct work related to the function of the advisory committee. SEC. 6063. GAO REVIEW OF NIH PEER REVIEW CONFLICT-OF-INTEREST COMPLIANCE. (a) Definitions.--In this section-- (1) the term ``Comptroller General'' means the Comptroller General of the United States; and (2) the term ``covered peer review group'' means a peer review group, as defined in section 52h.2(k) of title 42, Code of Federal Regulations, or any successor regulation, within the National Institutes of Health.”
“``(e) Public Disclosure of Royalties Received by Certain Federal Employees.-- ``(1) Definition.--For the purposes of this subsection, the term `covered individual' means an individual who-- ``(A) is required to file a confidential financial disclosure report under this section; and ``(B) reports receiving a royalty interest under subsection (b). ``(2) Requirement.--Not later than 180 days after the date of enactment of the Royalty Transparency Act, and annually thereafter, each agency shall publish a report on the internet website of the agency, listing-- ``(A) the names of all covered individuals; and ``(B) the original source and amount or value of any royalties reported under this section by each covered individual.''.”
“3003)), the head of each such agency shall also submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives, a report relating to confidential financial disclosures of officers and employees under the jurisdiction of such agency for the preceding fiscal year, which shall include-- ``(1) the number of individuals who filed such disclosures with the agency under this section, including, if applicable, the subcomponent of the agency that has jurisdiction over the individual and the reason for filing confidentially; ``(2) the number of special Government employees, as defined in section 202 of title 18, that are required to file confidential financial disclosure reports with the agency under this section; and ``(3) any additional information determined to be relevant by the Director of the Office of Government Ethics after consultation with the Committees on Homeland Security and Governmental Affairs and Commerce, Science, and Transportation of the Senate and the Committees on Oversight and Government Reform and Energy and Commerce of the House of Representatives.”
“``(d) Reports.--Not later than 60 days after the date of enactment of the Royalty Transparency Act, and each year thereafter, the head of each agency shall submit to the Committees on Homeland Security and Governmental Affairs and Commerce, Science, and Transportation of the Senate and the Committees on Oversight and Government Reform and Energy and Commerce of the House of Representatives, and as to each agency within the intelligence community (as that term is defined in section 3 of the National Security Act of 1947 (50 U.S.C.”
“``(c) Procedure for Releasing Reports to Members of Congress.--Notwithstanding any other provision of law, not later than 30 days after receiving a request from a Member of Congress, any agency or supervising ethics office in the executive branch shall furnish to the Member of Congress a copy of any report submitted under subsection (a), which shall be unredacted, except with respect to social security numbers, dates of birth, home addresses, rental property addresses, phone numbers, email addresses, financial account numbers, signatures, and the personally identifiable information of dependent children.”
“3710a(c)) and section 209 of title 35, the information required to be reported under this section shall include the original source and amount or [[Page S3985]] value of any royalties received by the reporting individual, or the spouse or any dependent child of the reporting individual, that were received as a result of an invention, including any royalty interest payment made under the Federal Technology Transfer Act of 1986 (Public Law 99-502; 100 Stat. 1785), an amendment made by such Act, or any other applicable authority.”
“(e) Confidential Reports and Other Additional Requirements.--Section 13109 of title 5, United States Code, is amended-- (1) by redesignating subsections (b) and (c) as subsections (f) and (g), respectively; and (2) by inserting after subsection (a) the following: ``(b) Royalties Received by Confidential Filers.-- Notwithstanding section 12(c) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.”
“3710a) and section 209 of title 35,'' after ``such report shall''; and (ii) by inserting ``and, in the case of an agency or office, published on the internet website of the agency or office, as the case may be,'' after ``made available for public inspection''; (2) by striking paragraph (2) and the flush text following paragraph (2); (3) by redesignating paragraph (3) as paragraph (2); and (4) by adding at the end the following: ``(3) Procedure for releasing reports to members of congress.--Notwithstanding any other provision of law, not later than 30 days after receiving a request from a Member of Congress, any agency or supervising ethics office in the executive branch shall furnish to the Member of Congress a copy of any report submitted under this subchapter, which shall be unredacted, except with respect to social security numbers, dates of birth, home addresses, rental property addresses, phone numbers, email addresses, financial account numbers, signatures, and the personally identifiable information of dependent children.''.”