[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3398 Reported in Senate (RS)]
<DOC>
Calendar No. 491
116th CONGRESS
2d Session
S. 3398
To establish a National Commission on Online Child Sexual Exploitation
Prevention, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2020
Mr. Graham (for himself, Mr. Blumenthal, Mr. Cramer, Mrs. Feinstein,
Mr. Hawley, Mr. Jones, Mr. Casey, Mr. Whitehouse, Mr. Durbin, Ms.
Ernst, Mr. Kennedy, Mr. Cruz, and Mr. Grassley) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
July 20, 2020
Reported by Mr. Graham, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish a National Commission on Online Child Sexual Exploitation
Prevention, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Eliminating Abusive and
Rampant Neglect of Interactive Technologies Act of 2020'' or the ``EARN
IT Act of 2020''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Commission.--The term ``Commission'' means the
National Commission on Online Child Sexual Exploitation
Prevention.</DELETED>
<DELETED> (2) Interactive computer service.--The term
``interactive computer service'' has the meaning given the term
in section 230(f)(2) of the Communications Act of 1934 (47
U.S.C. 230(f)(2)).</DELETED>
<DELETED>SEC. 3. NATIONAL COMMISSION ON ONLINE CHILD SEXUAL
EXPLOITATION PREVENTION.</DELETED>
<DELETED> (a) Establishment.--There is established a National
Commission on Online Child Sexual Exploitation Prevention.</DELETED>
<DELETED> (b) Purpose.--The purpose of the Commission is to develop
recommended best practices that providers of interactive computer
services may choose to implement to prevent, reduce, and respond to the
online sexual exploitation of children, including the enticement,
grooming, sex trafficking, and sexual abuse of children and the
proliferation of online child sexual abuse material.</DELETED>
<DELETED> (c) Membership.--</DELETED>
<DELETED> (1) Composition.--</DELETED>
<DELETED> (A) In general.--The Commission shall be
composed of 19 members.</DELETED>
<DELETED> (B) Agency heads.--The following Federal
officials shall serve as members of the
Commission:</DELETED>
<DELETED> (i) The Attorney General or his or
her representative.</DELETED>
<DELETED> (ii) The Secretary of Homeland
Security or his or her
representative.</DELETED>
<DELETED> (iii) The Chairman of the Federal
Trade Commission or his or her
representative.</DELETED>
<DELETED> (C) Other members.--Of the remaining 16
members of the Commission--</DELETED>
<DELETED> (i) 4 shall be appointed by the
majority leader of the Senate, of whom--
</DELETED>
<DELETED> (I) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph
(2)(A);</DELETED>
<DELETED> (II) 1 shall have the
qualifications required under paragraph
(2)(B);</DELETED>
<DELETED> (III) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(C);
and</DELETED>
<DELETED> (IV) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph
(2)(D);</DELETED>
<DELETED> (ii) 4 shall be appointed by the
minority leader of the Senate, of whom--
</DELETED>
<DELETED> (I) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph
(2)(A);</DELETED>
<DELETED> (II) 1 shall have the
qualifications required under paragraph
(2)(B);</DELETED>
<DELETED> (III) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(C);
and</DELETED>
<DELETED> (IV) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph
(2)(D);</DELETED>
<DELETED> (iii) 4 shall be appointed by the
Speaker of the House of Representatives, of
whom--</DELETED>
<DELETED> (I) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph
(2)(A);</DELETED>
<DELETED> (II) 1 shall have the
qualifications required under paragraph
(2)(B);</DELETED>
<DELETED> (III) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(C);
and</DELETED>
<DELETED> (IV) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(D);
and</DELETED>
<DELETED> (iv) 4 shall be appointed by the
minority leader of the House of
Representatives, of whom--</DELETED>
<DELETED> (I) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph
(2)(A);</DELETED>
<DELETED> (II) 1 shall have the
qualifications required under paragraph
(2)(B);</DELETED>
<DELETED> (III) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(C);
and</DELETED>
<DELETED> (IV) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph
(2)(D).</DELETED>
<DELETED> (2) Qualifications.--Of the 16 members of the
Commission appointed under paragraph (1)(C)--</DELETED>
<DELETED> (A) 4 shall have current experience in
investigating online child sexual exploitation crimes,
of whom--</DELETED>
<DELETED> (i) 2 shall have such experience
in a law enforcement capacity; and</DELETED>
<DELETED> (ii) 2 shall have such experience
in a prosecutorial capacity;</DELETED>
<DELETED> (B) 4 shall be survivors of online child
sexual exploitation, or have current experience in
providing services for victims of online child sexual
exploitation in a non-governmental capacity;</DELETED>
<DELETED> (C)(i) 2 shall have current experience in
matters related to constitutional law, consumer
protection, or privacy; and</DELETED>
<DELETED> (ii) 2 shall have current experience in
computer science or software engineering related to
matters of cryptography, data security, or artificial
intelligence in a non-governmental capacity;
and</DELETED>
<DELETED> (D) 4 shall be individuals who each
currently work for an interactive computer service that
is unrelated to each other interactive computer service
represented under this subparagraph, representing
diverse types of businesses and areas of professional
expertise, of whom--</DELETED>
<DELETED> (i) 2 shall have current
experience in addressing online child sexual
exploitation and promoting child safety at an
interactive computer service with not less than
30,000,000 registered monthly users in the
United States; and</DELETED>
<DELETED> (ii) 2 shall have current
experience in addressing online child sexual
exploitation and promoting child safety at an
interactive computer service with less than
10,000,000 registered monthly users in the
United States.</DELETED>
<DELETED> (3) Date.--The initial appointments of members to
the Commission under paragraph (1)(C) shall be made not later
than 90 days after the date of enactment of this Act.</DELETED>
<DELETED> (d) Period of Appointment; Vacancies.--</DELETED>
<DELETED> (1) Period of appointment.--A member of the
Commission shall be appointed for a term of 5 years.</DELETED>
<DELETED> (2) Vacancies.--</DELETED>
<DELETED> (A) Effect on commission.--Any vacancy in
the Commission shall not affect the powers of the
Commission.</DELETED>
<DELETED> (B) Filling of vacancies.--A vacancy in
the Commission shall be filled in the same manner as
the original appointment under subsection
(c)(1).</DELETED>
<DELETED> (e) Initial Meeting.--The Commission shall hold the first
meeting of the Commission not later than 60 days after the date on
which a majority of the members of the Commission have been
appointed.</DELETED>
<DELETED> (f) Chairperson.--The Attorney General or his or her
representative shall serve as the Chairperson of the
Commission.</DELETED>
<DELETED> (g) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may hold a
meeting.</DELETED>
<DELETED> (h) Meetings.--The Commission shall meet at the call of
the Chairperson.</DELETED>
<DELETED> (i) Authority of Commission.--The Commission may, for the
purpose of carrying out this section and section 4, hold such hearings,
sit and act at such times and places, take such testimony, and receive
such evidence as the Commission considers appropriate.</DELETED>
<DELETED> (j) Information From Federal Agencies.--</DELETED>
<DELETED> (1) In general.--The Commission may secure
directly from any Federal department or agency such information
as the Commission considers necessary to carry out this section
and section 4.</DELETED>
<DELETED> (2) Furnishing information.--Upon request of the
Chairperson of the Commission for information under paragraph
(1), the head of a Federal department or agency shall furnish
the information to the Commission, unless the information is
subject to an active investigation or otherwise privileged or
confidential.</DELETED>
<DELETED> (k) Travel Expenses.--A member of the Commission shall
serve without compensation, but shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from the home or regular places of
business of the member in the performance of services for the
Commission.</DELETED>
<DELETED> (l) Duration.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Commission.</DELETED>
<DELETED>SEC. 4. DUTIES OF THE COMMISSION.</DELETED>
<DELETED> (a) Recommended Best Practices.--</DELETED>
<DELETED> (1) Initial recommendations.--</DELETED>
<DELETED> (A) In general.--Not later than 18 months
after the date on which a majority of the members of
the Commission required to be appointed under section
3(c)(1)(C) have been so appointed, the Commission shall
develop and submit to the Attorney General recommended
best practices that providers of interactive computer
services may choose to engage in to prevent, reduce,
and respond to the online sexual exploitation of
children, including the enticement, grooming, sex
trafficking, and sexual abuse of children and the
proliferation of online child sexual abuse
material.</DELETED>
<DELETED> (B) Requirements.--</DELETED>
<DELETED> (i) Alternative best practices.--
The best practices required to be developed and
submitted under subparagraph (A) shall include
alternatives that take into consideration--
</DELETED>
<DELETED> (I) the size, type of
product, and business model of a
provider of an interactive computer
service;</DELETED>
<DELETED> (II) whether an
interactive computer service--
</DELETED>
<DELETED> (aa) is made
available to the
public;</DELETED>
<DELETED> (bb) is primarily
responsible for the
transmission and storage of
information on behalf of other
interactive computer services;
or</DELETED>
<DELETED> (cc) provides the
capability to transmit data to
and receive data from all or
substantially all internet
endpoints on behalf of a
consumer; and</DELETED>
<DELETED> (III) whether a type of
product, business model, product
design, or other factors related to the
provision of an interactive computer
service could make a product or service
susceptible to the use and facilitation
of online child sexual
exploitation.</DELETED>
<DELETED> (ii) Scope.--Notwithstanding
paragraph (3), the alternatives described in
clause (i) of this subparagraph may exclude
certain matters required to be addressed under
paragraph (3), as the Commission determines
appropriate based on the nature of particular
products or services or other factors relevant
to the purposes of this Act.</DELETED>
<DELETED> (2) Support requirement.--The Commission may only
recommend the best practices under paragraph (1) if not fewer
than 14 members of the Commission support the best
practices.</DELETED>
<DELETED> (3) Matters addressed.--The matters addressed by
the recommended best practices developed and submitted by the
Commission under paragraph (1) shall include--</DELETED>
<DELETED> (A) preventing, identifying, disrupting,
and reporting child sexual exploitation;</DELETED>
<DELETED> (B) coordinating with non-profit
organizations and other providers of interactive
computer services to preserve, remove from view, and
report child sexual exploitation;</DELETED>
<DELETED> (C) retaining child sexual exploitation
content and related user identification and location
data;</DELETED>
<DELETED> (D) receiving and triaging reports of
child sexual exploitation by users of interactive
computer services, including self-reporting;</DELETED>
<DELETED> (E) implementing a standard rating and
categorization system to identify the type and severity
of child sexual abuse material;</DELETED>
<DELETED> (F) training and supporting content
moderators who review child sexual exploitation content
for the purposes of preventing and disrupting online
child sexual exploitation;</DELETED>
<DELETED> (G) preparing and issuing transparency
reports, including disclosures in terms of service,
relating to identifying, categorizing, and reporting
child sexual exploitation and efforts to prevent and
disrupt online child sexual exploitation;</DELETED>
<DELETED> (H) coordinating with voluntary
initiatives offered among and to providers of
interactive computer services relating to identifying,
categorizing, and reporting child sexual
exploitation;</DELETED>
<DELETED> (I) employing age rating and age gating
systems to reduce child sexual exploitation;</DELETED>
<DELETED> (J) offering parental control products
that enable customers to limit the types of websites,
social media platforms, and internet content that are
accessible to children; and</DELETED>
<DELETED> (K) contractual and operational practices
to ensure third parties, contractors, and affiliates
comply with the best practices.</DELETED>
<DELETED> (4) Relevant considerations.--In developing best
practices under paragraph (1), the Commission shall consider--
</DELETED>
<DELETED> (A) the cost and technical limitations of
implementing the best practices;</DELETED>
<DELETED> (B) the impact on competition, product and
service quality, data security, and privacy;</DELETED>
<DELETED> (C) the impact on the ability of law
enforcement agencies to investigate and prosecute child
sexual exploitation and rescue victims; and</DELETED>
<DELETED> (D) the current state of
technology.</DELETED>
<DELETED> (5) Periodic updates.--Not less frequently than
once every 5 years, the Commission shall update and resubmit to
the Attorney General recommended best practices under paragraph
(1).</DELETED>
<DELETED> (6) Resubmission after denial or failure to
approve.--</DELETED>
<DELETED> (A) In general.--If, with respect to
recommended best practices submitted under paragraph
(1), the best practices are denied under subsection
(b)(1)(A) or a bill that contains the best practices is
not enacted under the expedited procedures under
subsection (c), the Commission may resubmit recommended
best practices to the Attorney General until the
applicable deadline.</DELETED>
<DELETED> (B) Applicable deadline.--</DELETED>
<DELETED> (i) Initial best practices.--For
purposes of subparagraph (A), in the case of
resubmission of initial recommended best
practices that were submitted under paragraph
(1) before any bill that contains best
practices has been enacted under the expedited
procedures under subsection (c), the applicable
deadline is the later of--</DELETED>
<DELETED> (I) the deadline described
in paragraph (1)(A) of this subsection;
or</DELETED>
<DELETED> (II) the date that is 60
days after, as applicable--</DELETED>
<DELETED> (aa) the date of
the denial; or</DELETED>
<DELETED> (bb) the last day
on which a bill containing the
best practices could have been
enacted under the expedited
procedures under subsection
(c).</DELETED>
<DELETED> (ii) Updated best practices.--For
purposes of subparagraph (A), in the case of
resubmission of updated recommended best
practices that were submitted under paragraph
(1) in accordance with paragraph (5), the
applicable deadline is the later of--</DELETED>
<DELETED> (I) the deadline described
in paragraph (5); or</DELETED>
<DELETED> (II) the date that is 60
days after, as applicable--</DELETED>
<DELETED> (aa) the date of
the denial; or</DELETED>
<DELETED> (bb) the last day
on which a bill containing the
best practices could have been
enacted under the expedited
procedures under subsection
(c).</DELETED>
<DELETED> (b) Publication of Best Practices.--</DELETED>
<DELETED> (1) In general.--Not later than 30 days after the
date on which the Commission submits recommended best practices
under subsection (a), including updated recommended best
practices under paragraph (5) of that subsection, the Attorney
General, upon agreement with the Secretary of Homeland Security
and the Chairman of the Federal Trade Commission, shall--
</DELETED>
<DELETED> (A) approve or deny the recommended best
practices; and</DELETED>
<DELETED> (B) if approved--</DELETED>
<DELETED> (i) publish the recommended best
practices on the website of the Department of
Justice and in the Federal Register;
and</DELETED>
<DELETED> (ii) submit the recommended best
practices to Congress, including to--</DELETED>
<DELETED> (I) the Committee on the
Judiciary and the Committee on
Commerce, Science, and Transportation
of the Senate; and</DELETED>
<DELETED> (II) the Committee on the
Judiciary and the Committee on Energy
and Commerce of the House of
Representatives.</DELETED>
<DELETED> (2) Considerations.--In determining whether to
approve or deny recommended best practices under paragraph (1),
the Attorney General shall consider--</DELETED>
<DELETED> (A) the purpose of the Commission, as set
forth in section 3(b); and</DELETED>
<DELETED> (B) the relevant considerations set forth
in subsection (a)(4) of this section.</DELETED>
<DELETED> (3) Written findings.--Any denial of the
recommended best practices by the Attorney General under
paragraph (1) shall be accompanied by public written findings
setting forth the basis for, and reasons supporting, the
denial.</DELETED>
<DELETED> (c) Congressional Approval.--</DELETED>
<DELETED> (1) Definition.--In this subsection, the term
``covered bill'' means a bill that--</DELETED>
<DELETED> (A) contains only the recommended best
practices that have been submitted to Congress under
subsection (b), in their entirety; and</DELETED>
<DELETED> (B) is introduced under paragraph (3) of
this subsection.</DELETED>
<DELETED> (2) Rules of house of representatives and
senate.--This subsection is enacted by Congress--</DELETED>
<DELETED> (A) as an exercise of the rulemaking power
of the Senate and the House of Representatives,
respectively, and as such is deemed a part of the rules
of each House, respectively, but applicable only with
respect to the procedure to be followed in that House
in the case of a covered bill, and it supersedes other
rules only to the extent that it is inconsistent with
such rules; and</DELETED>
<DELETED> (B) with full recognition of the
constitutional right of either House to change the
rules (so far as relating to the procedure of that
House) in the same manner, and to the same extent, as
in the case of any other rule of that House.</DELETED>
<DELETED> (3) Introduction.--</DELETED>
<DELETED> (A) In general.--On the day on which
recommended best practices are submitted to Congress
under subsection (b), a covered bill containing those
best practices shall be introduced--</DELETED>
<DELETED> (i) in the Senate by--</DELETED>
<DELETED> (I) the majority leader of
the Senate, for himself or herself and
the minority leader of the Senate;
or</DELETED>
<DELETED> (II) Members of the Senate
designated by the majority leader and
minority leader of the Senate;
and</DELETED>
<DELETED> (ii) in the House of
Representatives by--</DELETED>
<DELETED> (I) the majority leader of
the House of Representatives, for
himself or herself and the minority
leader of the House of the House of
Representatives; or</DELETED>
<DELETED> (II) Members of the House
of Representatives designated by the
majority leader and minority leader of
the House of the House of
Representatives.</DELETED>
<DELETED> (B) Not in session.--If either House is
not in session on the day on which recommended best
practices are submitted to Congress under subsection
(b), a covered bill containing the best practices shall
be introduced in that House, as provided in
subparagraph (A), on the first day thereafter on which
that House is in session.</DELETED>
<DELETED> (C) Referral.--A covered bill introduced
under this paragraph shall be referred by the Presiding
Officers of the respective Houses to the appropriate
committee, or, in the case of a bill containing
provisions within the jurisdiction of 2 or more
committees, jointly to such committees for
consideration of those provisions within their
respective jurisdictions.</DELETED>
<DELETED> (4) Fast track consideration in house of
representatives.--</DELETED>
<DELETED> (A) Reporting and discharge.--Any
committee of the House of Representatives to which a
covered bill is referred shall report it to the House
not later than 45 calendar days after the date of
introduction under paragraph (3). If a committee fails
to report the covered bill within that period, the
committee shall be discharged from further
consideration of the covered bill and the covered bill
shall be referred to the appropriate
calendar.</DELETED>
<DELETED> (B) Proceeding to consideration.--After
each committee authorized to consider a covered bill
reports it to the House or has been discharged from its
consideration, it shall be in order, not later than 60
calendar days after the date of introduction under
paragraph (3), to move to proceed to consider the
covered bill in the House. All points of order against
the motion are waived. Such a motion shall not be in
order after the House has disposed of a motion to
proceed on the covered bill. The previous question
shall be considered as ordered on the motion to its
adoption without intervening motion. The motion shall
not be debatable. A motion to reconsider the vote by
which the motion is disposed of shall not be in
order.</DELETED>
<DELETED> (C) Consideration.--The covered bill shall
be considered as read. All points of order against the
covered bill and against its consideration are waived.
The previous question shall be considered as ordered on
the covered bill to its passage without intervening
motion except 10 hours of debate equally divided and
controlled by the proponent and an opponent. A motion
to reconsider the vote on passage of the covered bill
shall not be in order.</DELETED>
<DELETED> (5) Fast track consideration in senate.--
</DELETED>
<DELETED> (A) Reporting and discharge.--Any
committee of the Senate to which a covered bill is
referred shall report it to the Senate not later than
45 calendar days after the date of introduction under
paragraph (3). If a committee fails to report the
covered bill within that period, the committee shall be
discharged from further consideration of the covered
bill and the covered bill shall be referred to the
appropriate calendar.</DELETED>
<DELETED> (B) Placement on calendar.--After each
committee authorized to consider a covered bill reports
it to the Senate or has been discharged from its
consideration, it shall be in order, not later than 60
calendar days after the date of introduction under
paragraph (3) of this subsection, to place the covered
bill on the calendar.</DELETED>
<DELETED> (C) Floor consideration.--</DELETED>
<DELETED> (i) In general.--Notwithstanding
Rule XXII of the Standing Rules of the Senate,
it is in order at any time during the period
beginning on the 60th day after the date on
which the covered bill was introduced under
paragraph (3) and ending on the 65th day after
the date on which the covered bill was
introduced under that paragraph (even though a
previous motion to the same effect has been
disagreed to) to move to proceed to the
consideration of the covered bill, and all
points of order against the covered bill (and
against consideration of the covered bill) are
waived. The motion to proceed is not debatable.
The motion is not subject to a motion to
postpone. A motion to reconsider the vote by
which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed
to the consideration of the covered bill is
agreed to, the covered bill shall remain the
unfinished business until disposed
of.</DELETED>
<DELETED> (ii) Debate.--Debate on the
covered bill, and on all debatable motions and
appeals in connection therewith, shall be
limited to not more than 10 hours, which shall
be divided equally between the majority and
minority leaders or their designees. A motion
further to limit debate is in order and not
debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the
consideration of other business, or a motion to
recommit the covered bill is not in
order.</DELETED>
<DELETED> (iii) Vote on passage.--The vote
on passage shall occur immediately following
the conclusion of the debate on a covered bill,
and a single quorum call at the conclusion of
the debate if requested in accordance with the
rules of the Senate.</DELETED>
<DELETED> (iv) Rulings of the chair on
procedure.--Appeals from the decisions of the
Chair relating to the application of the rules
of the Senate, as the case may be, to the
procedure relating to a covered bill shall be
decided without debate.</DELETED>
<DELETED> (6) Rules relating to senate and house of
representatives.--</DELETED>
<DELETED> (A) Coordination with action by other
house.--If, before the passage by one House of a
covered bill of that House, that House receives from
the other House a covered bill, then the following
procedures shall apply:</DELETED>
<DELETED> (i) The covered bill of the other
House shall not be referred to a
committee.</DELETED>
<DELETED> (ii) With respect to a covered
bill of the House receiving the bill--
</DELETED>
<DELETED> (I) the procedure in that
House shall be the same as if no
covered bill had been received from the
other House; but</DELETED>
<DELETED> (II) the vote on passage
shall be on the covered bill of the
other House.</DELETED>
<DELETED> (B) Treatment of covered bill of other
house.--If one House fails to introduce or consider a
covered bill under this section, the covered bill of
the other House shall be entitled to expedited floor
procedures under this section.</DELETED>
<DELETED> (C) Treatment of companion measures.--If,
following passage of the covered bill in the Senate,
the Senate then receives the companion measure from the
House of Representatives, the companion measure shall
not be debatable.</DELETED>
<DELETED> (d) Certification of Best Practices.--Not later than 1
year after the date on which a bill that contains recommended best
practices submitted to Congress under subsection (b) is enacted under
the expedited procedures under subsection (c), and annually thereafter,
an officer of a provider of an interactive computer service may submit
a written certification to the Attorney General stating that the
provider--</DELETED>
<DELETED> (1) has conducted a thorough review of the
implementation and operation of the best practices;
and</DELETED>
<DELETED> (2) has a reasonable basis to conclude that review
does not reveal any material non-compliance with the
requirements of the best practices.</DELETED>
<DELETED> (e) Publication of Certified Interactive Computer Service
Providers.--The Attorney General shall maintain on the website of the
Department of Justice a public list of each provider of an interactive
computer service for which a certification has been submitted under
subsection (d).</DELETED>
<DELETED> (f) Civil Investigative Demands.--</DELETED>
<DELETED> (1) Issuance; service; production of material;
testimony.--</DELETED>
<DELETED> (A) In general.--Whenever the Attorney
General has reason to believe that an officer of a
provider of an interactive computer service has filed a
false certification under subsection (d), the Attorney
General may issue in writing, and cause to be served
upon the provider, a civil investigative demand
requiring the provider to--</DELETED>
<DELETED> (i) produce any documentary
material relevant to such certification for
inspection and copying;</DELETED>
<DELETED> (ii) answer in writing written
interrogatories with respect to such
documentary material;</DELETED>
<DELETED> (iii) give oral testimony
concerning such documentary material;
or</DELETED>
<DELETED> (iv) furnish any combination of
such material, answers, or testimony.</DELETED>
<DELETED> (B) Service.--If a civil investigative
demand issued under subparagraph (A) is an express
demand for any product of discovery, the Attorney
General shall--</DELETED>
<DELETED> (i) cause to be served, in any
manner authorized under section 3733 of title
31, United States Code, a copy of the demand
upon the person from whom the discovery was
obtained; and</DELETED>
<DELETED> (ii) notify the person to whom the
demand is issued of the date on which the copy
was served.</DELETED>
<DELETED> (2) Contents; return date for demand for product
of discovery.--</DELETED>
<DELETED> (A) In general.--Each civil investigative
demand issued under paragraph (1) shall--</DELETED>
<DELETED> (i) state the nature of the
Attorney General's belief that a false
certification has been filed under subsection
(d);</DELETED>
<DELETED> (ii) if the demand is for
production of documentary material--</DELETED>
<DELETED> (I) describe the class or
classes of documentary material to be
produced thereunder with such
definiteness and certainty as to permit
such material to be fairly
identified;</DELETED>
<DELETED> (II) prescribe a return
date or dates that will provide a
reasonable period of time within which
the material so demanded may be
assembled and made available for
inspection and copying; and</DELETED>
<DELETED> (III) identify the
custodian to whom the material shall be
made available;</DELETED>
<DELETED> (iii) if the demand is for answers
to written interrogatories--</DELETED>
<DELETED> (I) propound with
definiteness and certainty the written
interrogatories to be
answered;</DELETED>
<DELETED> (II) prescribe a date or
dates at which time answers to written
interrogatories shall be submitted;
and</DELETED>
<DELETED> (III) identify the
custodian to whom the answers shall be
submitted; and</DELETED>
<DELETED> (iv) if the demand is for the
giving of oral testimony--</DELETED>
<DELETED> (I) prescribe a date,
time, and place at which oral testimony
shall be commenced; and</DELETED>
<DELETED> (II) identify--</DELETED>
<DELETED> (aa) an
investigator who shall conduct
the examination; and</DELETED>
<DELETED> (bb) the custodian
to whom the transcript of the
examination shall be
submitted.</DELETED>
<DELETED> (B) Return date for product of
discovery.--Any civil investigative demand issued under
paragraph (1) that is an express demand for any product
of discovery shall not be returned or returnable until
20 days after a copy of the demand has been served upon
the person from whom the discovery was
obtained.</DELETED>
<DELETED> (3) Applicability of other provisions.--</DELETED>
<DELETED> (A) In general.--Subject to subparagraph
(B), subsections (b) through (l) of section 3733 of
title 31, United States Code, shall apply with respect
to a civil investigative demand issued under paragraph
(1) of this subsection in the same manner as those
subsections apply to a civil investigative demand
issued under subsection (a) of such section
3733.</DELETED>
<DELETED> (B) False claims references.--For purposes
of subparagraph (A), a reference in section 3733 of
title 31, United States Code, to--</DELETED>
<DELETED> (i) a violation of a false claims
law shall be deemed to be a reference to the
filing of a false certification under
subsection (d) of this section;</DELETED>
<DELETED> (ii) a false claims law
investigation shall be deemed to be a reference
to an inquiry into whether any person is or has
been engaged in filing a false certification
under subsection (d) of this section;
and</DELETED>
<DELETED> (iii) a false claims law
investigator shall be deemed to be a reference
to--</DELETED>
<DELETED> (I) any attorney or
investigator employed by the Department
of Justice who is charged with the duty
of enforcing or carrying into effect
this section; or</DELETED>
<DELETED> (II) any officer or
employee of the United States acting
under the direction and supervision of
an attorney or investigator described
in subclause (I) in connection with an
inquiry into whether any person is or
has been engaged in filing a false
certification under subsection (d) of
this section.</DELETED>
<DELETED>SEC. 5. ENFORCEMENT.</DELETED>
<DELETED> (a) Offense.--It shall be unlawful for an officer of a
provider of an interactive computer service to knowingly submit a
written certification under section 4(d) that contains a false
statement.</DELETED>
<DELETED> (b) Criminal Penalties.--Any person who violates
subsection (a) shall be fined in accordance with title 18, United
States Code, imprisoned for not more than 2 years, or both.</DELETED>
<DELETED>SEC. 6. EARNING IMMUNITY.</DELETED>
<DELETED> (a) In General.--Section 230(e) of the Communications Act
of 1934 (47 U.S.C. 230(e)) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(6) No effect on child sexual exploitation
law.--</DELETED>
<DELETED> ``(A) Liability of providers of
interactive computer service.--Nothing in this section
(other than subsection (c)(2)(A)) shall be construed to
impair or limit--</DELETED>
<DELETED> ``(i) any claim in a civil action
brought against a provider of an interactive
computer service under section 2255 of title
18, United States Code, if the conduct
underlying the claim--</DELETED>
<DELETED> ``(I) constitutes a
violation of section 2252 or section
2252A of that title; or</DELETED>
<DELETED> ``(II) is considered a
violation of section 2252 or section
2252A of that title by operation of
subsection (a)(2) of such section
2255;</DELETED>
<DELETED> ``(ii) any charge in a criminal
prosecution brought against a provider of an
interactive computer service under State law if
the conduct underlying the charge would
constitute a violation of section 2252 or
section 2252A of title 18, United States Code;
or</DELETED>
<DELETED> ``(iii) any claim in a civil
action brought against a provider of an
interactive computer service under State law if
the conduct underlying the claim--</DELETED>
<DELETED> ``(I) would constitute a
violation of section 2252 or section
2252A of title 18, United States Code;
or</DELETED>
<DELETED> ``(II) would be considered
a violation of section 2252 or section
2252A of title 18, United States Code,
for purposes of subsection (a)(1) of
section 2255 of that title, by
operation of subsection (a)(2) of such
section 2255.</DELETED>
<DELETED> ``(B) Safe harbor.--Subparagraph (A) shall
not apply to a claim in a civil action or charge in a
State criminal prosecution brought against a provider
of an interactive computer service if--</DELETED>
<DELETED> ``(i) an officer of the provider
has elected to certify to the Attorney General
under section 4(d) of the Eliminating Abusive
and Rampant Neglect of Interactive Technologies
Act of 2020 that the provider has implemented,
and is in compliance with, the child sexual
exploitation prevention best practices
contained in a law enacted under the expedited
procedures under section 4(c) of such Act and
such certification was in force at the time of
any alleged acts or omissions that are the
subject of a claim in a civil action or charge
in a State criminal prosecution brought against
such provider; or</DELETED>
<DELETED> ``(ii) the provider has
implemented reasonable measures relating to the
matters described in section 4(a)(3) of the
Eliminating Abusive and Rampant Neglect of
Interactive Technologies Act of 2020, subject
to the exceptions authorized under section
4(a)(1)(B)(ii) of that Act, to prevent the use
of the interactive computer service for the
exploitation of minors.''.</DELETED>
<DELETED> (b) Mens Rea for Civil Suits.--Section 2255 of title 18,
United States Code, is amended--</DELETED>
<DELETED> (1) by redesignating subsection (a) as paragraph
(1) and adjusting the margin accordingly;</DELETED>
<DELETED> (2) by inserting before paragraph (1), as so
designated, the following:</DELETED>
<DELETED> ``(a) Right of Action.--''; and</DELETED>
<DELETED> (3) in subsection (a), as so designated, by adding
at the end the following:</DELETED>
<DELETED> ``(2) Civil remedy for certain activities relating
to material involving the sexual exploitation of minors.--
Conduct by a provider of an interactive computer service (as
defined in section 230 of the Communications Act of 1934 (47
U.S.C. 230)) that would violate section 2252 or section 2252A
if that section were applied by substituting `recklessly' for
`knowingly' each place that term appears shall be considered a
violation of section 2252 or section 2252A for purposes of
paragraph (1) of this subsection.''.</DELETED>
<DELETED> (c) Effective Date.--The amendments made by this section
shall--</DELETED>
<DELETED> (1) take effect on the earlier of--</DELETED>
<DELETED> (A) the date that is 1 year after the date
on which a bill that contains best practices submitted
under section 4(b) is enacted under the expedited
procedures under section 4(c); or</DELETED>
<DELETED> (B) the date that is 4 years after the
date of enactment of this Act; and</DELETED>
<DELETED> (2) only apply to a claim in a civil action or
charge in a criminal prosecution brought against a provider of
an interactive computer service if the alleged acts or
omissions occurred after the effective date described in
paragraph (1).</DELETED>
<DELETED>SEC. 7. USE OF TERM ``CHILD SEXUAL ABUSE MATERIAL''.</DELETED>
<DELETED> (a) Sense of Congress.--It is the sense of Congress that
the term ``child sexual abuse material'' has the same legal meaning as
the term ``child pornography'', as that term was used in Federal
statutes and case law before the date of enactment of this
Act.</DELETED>
<DELETED> (b) Amendments.--</DELETED>
<DELETED> (1) Title 5, united states code.--Chapter 65 of
title 5, United States Code, is amended--</DELETED>
<DELETED> (A) in section 6502(a)(2)(B), by striking
``child pornography'' and inserting ``child sexual
abuse material''; and</DELETED>
<DELETED> (B) in section 6504(c)(2)(F), by striking
``child pornography'' and inserting ``child sexual
abuse material''.</DELETED>
<DELETED> (2) Homeland security act of 2002.--The Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
</DELETED>
<DELETED> (A) in section 307(b)(3)(D) (6 U.S.C.
187(b)(3)(D)), by striking ``child pornography'' and
inserting ``child sexual abuse material'';
and</DELETED>
<DELETED> (B) in section 890A (6 U.S.C. 473)--
</DELETED>
<DELETED> (i) in subsection (b)(2)(A)(ii),
by striking ``child pornography'' and inserting
``child sexual abuse material''; and</DELETED>
<DELETED> (ii) in subsection (e)(3)(B)(ii),
by striking ``child pornography'' and inserting
``child sexual abuse material''.</DELETED>
<DELETED> (3) Immigration and nationality act.--Section
101(a)(43)(I) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)(I)) is amended by striking ``child pornography''
and inserting ``child sexual abuse material''.</DELETED>
<DELETED> (4) Small business jobs act of 2010.--Section
3011(c) of the Small Business Jobs Act of 2010 (12 U.S.C.
5710(c)) is amended by striking ``child pornography'' and
inserting ``child sexual abuse material''.</DELETED>
<DELETED> (5) Broadband data improvement act.--Section
214(a)(2) of the Broadband Data Improvement Act (15 U.S.C.
6554(a)(2)) is amended by striking ``child pornography'' and
inserting ``child sexual abuse material''.</DELETED>
<DELETED> (6) CAN-SPAM act of 2003.--Section 4(b)(2)(B) of
the CAN-SPAM Act of 2003 (15 U.S.C. 7703(b)(2)(B)) is amended
by striking ``child pornography'' and inserting ``child sexual
abuse material''.</DELETED>
<DELETED> (7) Title 18, united states code.--Title 18,
United States Code, is amended--</DELETED>
<DELETED> (A) in section 1956(c)(7)(D), by striking
``child pornography'' each place the term appears and
inserting ``child sexual abuse material'';</DELETED>
<DELETED> (B) in chapter 110--</DELETED>
<DELETED> (i) in section 2251(e), by
striking ``child pornography'' and inserting
``child sexual abuse material'';</DELETED>
<DELETED> (ii) in section 2252(b)--
</DELETED>
<DELETED> (I) in paragraph (1), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and</DELETED>
<DELETED> (II) in paragraph (2), by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';</DELETED>
<DELETED> (iii) in section 2252A--</DELETED>
<DELETED> (I) in the section
heading, by striking ``child
pornography'' and inserting ``child
sexual abuse material'';</DELETED>
<DELETED> (II) in subsection (a)--
</DELETED>
<DELETED> (aa) in paragraph
(1), by striking ``child
pornography'' and inserting
``child sexual abuse
material'';</DELETED>
<DELETED> (bb) in paragraph
(2)--</DELETED>
<DELETED> (AA) in
subparagraph (A), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material'';
and</DELETED>
<DELETED> (BB) in
subparagraph (B), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material'';</DELETED>
<DELETED> (cc) in paragraph
(3), by striking ``child
pornography'' and inserting
``child sexual abuse
material'';</DELETED>
<DELETED> (dd) in paragraph
(4)--</DELETED>
<DELETED> (AA) in
subparagraph (A), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material'';
and</DELETED>
<DELETED> (BB) in
subparagraph (B), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material'';</DELETED>
<DELETED> (ee) in paragraph
(5)--</DELETED>
<DELETED> (AA) in
subparagraph (A), by
striking ``an image of
child pornography'' and
inserting ``child
sexual abuse
material'';
and</DELETED>
<DELETED> (BB) in
subparagraph (B), by
striking ``an image of
child pornography'' and
inserting ``child
sexual abuse
material'';
and</DELETED>
<DELETED> (ff) in paragraph
(7)--</DELETED>
<DELETED> (AA) by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material'';
and</DELETED>
<DELETED> (BB) by
striking the period at
the end and inserting a
comma;</DELETED>
<DELETED> (III) in subsection (b)--
</DELETED>
<DELETED> (aa) in paragraph
(1), by striking ``child
pornography'' and inserting
``child sexual abuse
material''; and</DELETED>
<DELETED> (bb) in paragraph
(2), by striking ``child
pornography'' each place the
term appears and inserting
``child sexual abuse
material''; and</DELETED>
<DELETED> (IV) in subsection (c)--
</DELETED>
<DELETED> (aa) in paragraph
(1)(A), by striking ``child
pornography'' and inserting
``child sexual abuse
material'';</DELETED>
<DELETED> (bb) in paragraph
(2), by striking ``child
pornography'' and inserting
``child sexual abuse
material''; and</DELETED>
<DELETED> (cc) in the
undesignated matter following
paragraph (2), by striking
``child pornography'' and
inserting ``child sexual abuse
material'';</DELETED>
<DELETED> (V) in subsection (d)(1),
by striking ``child pornography'' and
inserting ``child sexual abuse
material''; and</DELETED>
<DELETED> (VI) in subsection (e), by
striking ``child pornography'' each
place the term appears and inserting
``child sexual abuse
material'';</DELETED>
<DELETED> (iv) in section 2256(8)--
</DELETED>
<DELETED> (I) by striking ``child
pornography'' and inserting ``child
sexual abuse material''; and</DELETED>
<DELETED> (II) by striking the
period at the end and inserting a
semicolon;</DELETED>
<DELETED> (v) in section 2257A(h)--
</DELETED>
<DELETED> (I) in paragraph (1), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and</DELETED>
<DELETED> (II) in paragraph (2), by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';</DELETED>
<DELETED> (vi) in section 2258A--</DELETED>
<DELETED> (I) in subsection (a)(2)--
</DELETED>
<DELETED> (aa) in
subparagraph (A), by striking
``child pornography'' and
inserting ``child sexual abuse
material''; and</DELETED>
<DELETED> (bb) in
subparagraph (B), by striking
``child pornography'' and
inserting ``child sexual abuse
material'';</DELETED>
<DELETED> (II) in subsection (b)--
</DELETED>
<DELETED> (aa) in paragraph
(4)--</DELETED>
<DELETED> (AA) in
the paragraph heading,
by striking ``child
pornography'' and
inserting ``child
sexual abuse
material'';
and</DELETED>
<DELETED> (BB) by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material'';
and</DELETED>
<DELETED> (bb) in paragraph
(5), by striking ``child
pornography'' and inserting
``child sexual abuse
material''; and</DELETED>
<DELETED> (III) in subsection
(g)(2)(B), by striking ``child
pornography'' and inserting ``child
sexual abuse material'';</DELETED>
<DELETED> (vii) in section 2258C--</DELETED>
<DELETED> (I) in the section
heading, by striking ``child
pornography'' and inserting ``child
sexual abuse material'';</DELETED>
<DELETED> (II) in subsection (a)--
</DELETED>
<DELETED> (aa) in paragraph
(2), by striking ``child
pornography'' and inserting
``child sexual abuse
material''; and</DELETED>
<DELETED> (bb) in paragraph
(3), by striking ``child
pornography'' and inserting
``child sexual abuse
material'';</DELETED>
<DELETED> (III) in subsection (d),
by striking ``child pornography visual
depiction'' and inserting ``child
sexual abuse material visual
depiction''; and</DELETED>
<DELETED> (IV) in subsection (e), by
striking ``child pornography visual
depiction'' and inserting ``child
sexual abuse material visual
depiction'';</DELETED>
<DELETED> (viii) in section 2259--</DELETED>
<DELETED> (I) in paragraph (b)(2)--
</DELETED>
<DELETED> (aa) in the
paragraph heading, by striking
``child pornography'' and
inserting ``child sexual abuse
material'';</DELETED>
<DELETED> (bb) in the matter
preceding subparagraph (A), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and</DELETED>
<DELETED> (cc) in
subparagraph (A), by striking
``child pornography'' and
inserting ``child sexual abuse
material'';</DELETED>
<DELETED> (II) in subsection (c)--
</DELETED>
<DELETED> (aa) in paragraph
(1)--</DELETED>
<DELETED> (AA) in
the paragraph heading,
by striking ``Child
pornography'' and
inserting ``Child
sexual abuse
material'';
and</DELETED>
<DELETED> (BB) by
striking ``child
pornography'' each
place the term appears
and inserting ``child
sexual abuse
material'';</DELETED>
<DELETED> (bb) in paragraph
(2), in the matter preceding
subparagraph (A), by striking
``child pornography'' each
place the term appears and
inserting ``child sexual abuse
material''; and</DELETED>
<DELETED> (cc) in paragraph
(3)--</DELETED>
<DELETED> (AA) in
the paragraph heading,
by striking ``child
pornography'' and
inserting ``child
sexual abuse
material'';
and</DELETED>
<DELETED> (BB) by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material'';
and</DELETED>
<DELETED> (III) in subsection
(d)(1)--</DELETED>
<DELETED> (aa) in
subparagraph (A)--</DELETED>
<DELETED> (AA) by
striking ``child
pornography'' each
place the term appears
and inserting ``child
sexual abuse
material'';
and</DELETED>
<DELETED> (BB) by
striking ``Child
Pornography'' and
inserting ``Child
Sexual Abuse
Material'';</DELETED>
<DELETED> (bb) in
subparagraph (B), by striking
``child pornography'' and
inserting ``child sexual abuse
material''; and</DELETED>
<DELETED> (cc) in
subparagraph (C)--</DELETED>
<DELETED> (AA) by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material'';
and</DELETED>
<DELETED> (BB) by
striking ``Child
Pornography'' and
inserting ``Child
Sexual Abuse
Material'';</DELETED>
<DELETED> (ix) in section 2259A--</DELETED>
<DELETED> (I) in the section
heading, by striking ``child
pornography'' and inserting ``child
sexual abuse material'';</DELETED>
<DELETED> (II) in subsection (a)--
</DELETED>
<DELETED> (aa) in paragraph
(2), by striking ``child
pornography'' and inserting
``child sexual abuse
material''; and</DELETED>
<DELETED> (bb) in paragraph
(3), by striking ``child
pornography'' and inserting
``child sexual abuse
material''; and</DELETED>
<DELETED> (III) in subsection
(d)(2)(B), by striking ``child
pornography'' and inserting ``child
sexual abuse material''; and</DELETED>
<DELETED> (x) in section 2259B--</DELETED>
<DELETED> (I) in the section
heading, by striking ``Child
pornography'' and inserting ``Child
sexual abuse material'';</DELETED>
<DELETED> (II) in subsection (a), by
striking ``Child Pornography'' each
place the term appears and inserting
``Child Sexual Abuse
Material'';</DELETED>
<DELETED> (III) in subsection (b),
by striking ``Child Pornography'' each
place the term appears and inserting
``Child Sexual Abuse
Material'';</DELETED>
<DELETED> (IV) in subsection (c), by
striking ``Child Pornography'' and
inserting ``Child Sexual Abuse
Material''; and</DELETED>
<DELETED> (V) in subsection (d), by
striking ``Child Pornography'' and
inserting ``Child Sexual Abuse
Material'';</DELETED>
<DELETED> (C) in chapter 117--</DELETED>
<DELETED> (i) in section 2423(f)(3), by
striking ``child pornography'' and inserting
``child sexual abuse material''; and</DELETED>
<DELETED> (ii) in section 2427--</DELETED>
<DELETED> (I) in the section
heading, by striking ``child
pornography'' and inserting ``child
sexual abuse material''; and</DELETED>
<DELETED> (II) by striking ``child
pornography'' and inserting ``child
sexual abuse material'';</DELETED>
<DELETED> (D) in section 2516--</DELETED>
<DELETED> (i) in paragraph (1)(c), by
striking ``child pornography'' and inserting
``child sexual abuse material''; and</DELETED>
<DELETED> (ii) in paragraph (2), by striking
``child pornography'' and inserting ``child
sexual abuse material'';</DELETED>
<DELETED> (E) in section 3014(h)(3), by striking
``child pornography'' and inserting ``child sexual
abuse material'';</DELETED>
<DELETED> (F) in section 3509--</DELETED>
<DELETED> (i) in subsection (a)(6), by
striking ``child pornography'' and inserting
``child sexual abuse material''; and</DELETED>
<DELETED> (ii) in subsection (m)--</DELETED>
<DELETED> (I) in the subsection
heading, by striking ``Child
Pornography'' and inserting ``Child
Sexual Abuse Material'';</DELETED>
<DELETED> (II) in paragraph (1), by
striking ``child pornography'' and
inserting ``constitutes a child sexual
abuse material'';</DELETED>
<DELETED> (III) in paragraph (2), by
striking ``child pornography'' and
inserting ``constitutes a child sexual
abuse material''; and</DELETED>
<DELETED> (IV) in paragraph (3), by
striking ``child pornography'' each
place the term appears and inserting
``child sexual abuse material'';
and</DELETED>
<DELETED> (G) in section 3632(d)(4)(D)(xlii), by
striking ``child pornography'' and inserting ``child
sexual abuse material''.</DELETED>
<DELETED> (8) Tariff act of 1930.--Section 583(a)(2)(B) of
the Tariff Act of 1930 (19 U.S.C. 1583(a)(2)(B)) is amended by
striking ``child pornography'' and inserting ``child sexual
abuse material''.</DELETED>
<DELETED> (9) Elementary and secondary education act of
1965.--Section 4121 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7131) is amended--</DELETED>
<DELETED> (A) in subsection (a)--</DELETED>
<DELETED> (i) in paragraph (1)(A)(ii), by
striking ``child pornography'' and inserting
``child sexual abuse material''; and</DELETED>
<DELETED> (ii) in paragraph (2)(A)(ii), by
striking ``child pornography'' and inserting
``child sexual abuse material''; and</DELETED>
<DELETED> (B) in subsection (e)(5)--</DELETED>
<DELETED> (i) in the paragraph heading, by
striking ``Child pornography'' and inserting
``Child sexual abuse material''; and</DELETED>
<DELETED> (ii) by striking ``child
pornography'' and inserting ``child sexual
abuse material''.</DELETED>
<DELETED> (10) Museum and library services act.--Section
224(f) of the Museum and Library Services Act (20 U.S.C.
9134(f)) is amended--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in subparagraph (A)(i)(II), by
striking ``child pornography'' and inserting
``child sexual abuse material''; and</DELETED>
<DELETED> (ii) in subparagraph (B)(i)(II),
by striking ``child pornography'' and inserting
``child sexual abuse material''; and</DELETED>
<DELETED> (B) in paragraph (7)(A)--</DELETED>
<DELETED> (i) in the subparagraph heading,
by striking ``Child pornography'' and inserting
``Child sexual abuse material''; and</DELETED>
<DELETED> (ii) by striking ``child
pornography'' and inserting ``child sexual
abuse material''.</DELETED>
<DELETED> (11) Omnibus crime control and safe streets act of
1968.--Section 3031(b)(3) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10721(b)(3)) is
amended by striking ``child pornography'' and inserting ``child
sexual abuse material''.</DELETED>
<DELETED> (12) Juvenile justice and delinquency prevention
act of 1974.--Section 404(b)(1)(K) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K))
is amended--</DELETED>
<DELETED> (A) in clause (i)(I)(aa), by striking
``child pornography'' and inserting ``child sexual
abuse material''; and</DELETED>
<DELETED> (B) in clause (ii), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.</DELETED>
<DELETED> (13) Victims of crime act of 1984.--Section
1402(d)(6)(A) of the Victims of Crime Act of 1984 (34 U.S.C.
20101(d)(6)(A)) is amended by striking ``Child Pornography''
and inserting ``Child Sexual Abuse Material''.</DELETED>
<DELETED> (14) Victims of child abuse act of 1990.--The
Victims of Child Abuse Act of 1990 (34 U.S.C. 20301 et seq.) is
amended--</DELETED>
<DELETED> (A) in section 212(4) (34 U.S.C.
20302(4)), by striking ``child pornography'' and
inserting ``child sexual abuse material'';</DELETED>
<DELETED> (B) in section 214(b) (34 U.S.C.
20304(b))--</DELETED>
<DELETED> (i) in the subsection heading, by
striking ``Child Pornography'' and inserting
``Child Sexual Abuse Material''; and</DELETED>
<DELETED> (ii) by striking ``child
pornography'' and inserting ``child sexual
abuse material''; and</DELETED>
<DELETED> (C) in section 226(c)(6) (34 U.S.C.
20341(c)(6)), by striking ``child pornography'' and
inserting ``child sexual abuse material''.</DELETED>
<DELETED> (15) Sex offender registration and notification
act.--Section 111 of the Sex Offender Registration and
Notification Act (34 U.S.C. 20911) is amended--</DELETED>
<DELETED> (A) in paragraph (3)(B)(iii), by striking
``child pornography'' and inserting ``child sexual
abuse material''; and</DELETED>
<DELETED> (B) in paragraph (7)(G), by striking
``child pornography'' and inserting ``child sexual
abuse material''.</DELETED>
<DELETED> (16) Adam walsh child protection and safety act of
2006.--Section 143(b)(3) of the Adam Walsh Child Protection and
Safety Act of 2006 (34 U.S.C. 20942(b)(3)) is amended by
striking ``child pornography'' and inserting ``child sexual
abuse material''.</DELETED>
<DELETED> (17) PROTECT our children act of 2008.--Section
105(e)(1)(C) of the PROTECT Our Children Act of 2008 (34 U.S.C.
21115(e)(1)(C)) is amended by striking ``child pornography''
and inserting ``child sexual abuse material''.</DELETED>
<DELETED> (18) Social security act.--Section
471(a)(20)(A)(i) of the Social Security Act (42 U.S.C.
671(a)(20)(A)(i)) is amended by striking ``child pornography''
and inserting ``offenses involving child sexual abuse
material''.</DELETED>
<DELETED> (19) Privacy protection act of 1980.--Section 101
of the Privacy Protection Act of 1980 (42 U.S.C. 2000aa) is
amended--</DELETED>
<DELETED> (A) in subsection (a)(1), by striking
``child pornography'' and inserting ``child sexual
abuse material''; and</DELETED>
<DELETED> (B) in subsection (b)(1), by striking
``child pornography'' and inserting ``child sexual
abuse material''.</DELETED>
<DELETED> (20) Child care and development block grant act of
1990.--Section 658H(c)(1) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858f(c)(1)) is amended--
</DELETED>
<DELETED> (A) in subparagraph (D)(iii), by striking
``child pornography'' and inserting ``offenses relating
to child sexual abuse material''; and</DELETED>
<DELETED> (B) in subparagraph (E), by striking
``child pornography'' and inserting ``child sexual
abuse material''.</DELETED>
<DELETED> (21) Communications act of 1934.--Title II of the
Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended--
</DELETED>
<DELETED> (A) in section 223 (47 U.S.C. 223)--
</DELETED>
<DELETED> (i) in subsection (a)(1)--
</DELETED>
<DELETED> (I) in subparagraph (A),
in the undesignated matter following
clause (ii), by striking ``child
pornography'' and inserting ``which
constitutes child sexual abuse
material''; and</DELETED>
<DELETED> (II) in subparagraph (B),
in the undesignated matter following
clause (ii), by striking ``child
pornography'' and inserting ``which
constitutes child sexual abuse
material''; and</DELETED>
<DELETED> (ii) in subsection (d)(1), in the
undesignated matter following subparagraph (B),
by striking ``child pornography'' and inserting
``that constitutes child sexual abuse
material''; and</DELETED>
<DELETED> (B) in section 254(h) (47 U.S.C. 254(h))--
</DELETED>
<DELETED> (i) in paragraph (5)--</DELETED>
<DELETED> (I) in subparagraph
(B)(i)(II), by striking ``child
pornography'' and inserting ``child
sexual abuse material''; and</DELETED>
<DELETED> (II) in subparagraph
(C)(i)(II), by striking ``child
pornography'' and inserting ``child
sexual abuse material'';</DELETED>
<DELETED> (ii) in paragraph (6)--</DELETED>
<DELETED> (I) in subparagraph
(B)(i)(II), by striking ``child
pornography'' and inserting ``child
sexual abuse material''; and</DELETED>
<DELETED> (II) in subparagraph
(C)(i)(II) by striking ``child
pornography'' and inserting ``child
sexual abuse material''; and</DELETED>
<DELETED> (iii) in paragraph (7)(F)--
</DELETED>
<DELETED> (I) in the subparagraph
heading, by striking ``Child
pornography'' and inserting ``Child
sexual abuse material''; and</DELETED>
<DELETED> (II) by striking ``child
pornography'' and inserting ``child
sexual abuse material''.</DELETED>
<DELETED> (c) Table of Sections Amendments.--</DELETED>
<DELETED> (1) Chapter 110 of title 18.--The table of
sections for chapter 110 of title 18, United States Code, is
amended--</DELETED>
<DELETED> (A) by striking the item relating to
section 2252A and inserting the following:</DELETED>
<DELETED>``2252A. Certain activities relating to material constituting
or containing child sexual abuse
material.'';
<DELETED> (B) by striking the item relating to
section 2258C and inserting the following:</DELETED>
<DELETED>``2258C. Use to combat child sexual abuse material of
technical elements relating to reports made
to the CyberTipline.'';
<DELETED> (C) by striking the item relating to
section 2259A and inserting the following:</DELETED>
<DELETED>``2259A. Assessments in child sexual abuse material cases.'';
<DELETED>and</DELETED>
<DELETED> (D) by striking the item relating to
section 2259B and inserting the following:</DELETED>
<DELETED>``2259B. Child sexual abuse materials victims reserve''.
<DELETED> (2) Chapter 117 of title 18.--The table of
sections for chapter 117 of title 18, United States Code, is
amended by striking the item relating to section 2427 and
inserting the following:</DELETED>
<DELETED>``2427. Inclusion of offenses relating to child sexual abuse
material in definition of sexual activity
for which any person can be charged with a
criminal offense.''.
<DELETED>SEC. 8. MODERNIZING THE CYBERTIPLINE.</DELETED>
<DELETED> Chapter 110 of title 18, United States Code, is amended--
</DELETED>
<DELETED> (1) in section 2258A--</DELETED>
<DELETED> (A) in subsection (a)--</DELETED>
<DELETED> (i) in paragraph (1)(B)(ii), by
inserting after ``facts or circumstances'' the
following: ``, including any available facts or
circumstances sufficient to identify and locate
each minor and each involved individual,'';
and</DELETED>
<DELETED> (ii) in paragraph (2)(A)--
</DELETED>
<DELETED> (I) by inserting ``1591
(if the violation involves a minor),''
before ``2251,''; and</DELETED>
<DELETED> (II) by striking ``or
2260'' and inserting ``2260, or
2422(b)'';</DELETED>
<DELETED> (B) in subsection (b)--</DELETED>
<DELETED> (i) in paragraph (1)--</DELETED>
<DELETED> (I) by inserting ``or
location'' after ``identity'';
and</DELETED>
<DELETED> (II) by striking ``other
identifying information,'' and
inserting ``other information which may
identify or locate the involved
individual,'';</DELETED>
<DELETED> (ii) by redesignating paragraphs
(2) through (5) as paragraphs (3) through (6),
respectively;</DELETED>
<DELETED> (iii) by inserting after paragraph
(1) the following:</DELETED>
<DELETED> ``(2) Information about the involved minor.--
Information relating to the identity or location of any
involved minor, which may, to the extent reasonably
practicable, include the electronic mail address, Internet
Protocol address, uniform resource locator, or any other
information which may identify or locate any involved minor,
including self-reported identifying information.'';
and</DELETED>
<DELETED> (iv) by adding at the end the
following:</DELETED>
<DELETED> ``(7) Formatting of reports.--When in its
discretion a provider voluntarily includes any content
described in this subsection in a report to the CyberTipline,
the provider shall use best efforts to ensure that the report
conforms with the structure of the CyberTipline.'';
and</DELETED>
<DELETED> (C) in subsection (d)(5)(B)--</DELETED>
<DELETED> (i) in clause (i), by striking
``forwarded'' and inserting ``made available'';
and</DELETED>
<DELETED> (ii) in clause (ii), by striking
``forwarded'' and inserting ``made
available'';</DELETED>
<DELETED> (2) in section 2258B(a)--</DELETED>
<DELETED> (A) by striking ``arising from the
performance'' and inserting the following: ``, may not
be brought in any Federal or State court if the claim
or charge arises from--</DELETED>
<DELETED> ``(1) the performance'';</DELETED>
<DELETED> (B) in paragraph (1), as so designated, by
striking ``may not be brought in any Federal or State
court.'' and inserting a semicolon; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(2) compliance with a search warrant, court
order, or other legal process; or</DELETED>
<DELETED> ``(3) research voluntarily undertaken by the
provider or domain name registrar using any material being
preserved under section 2258A(h), if the research is only for
the purpose of--</DELETED>
<DELETED> ``(A) improving or facilitating reporting
under this section, section 2258A, or section 2258C;
or</DELETED>
<DELETED> ``(B) stopping the online sexual
exploitation of children.''; and</DELETED>
<DELETED> (3) in section 2258C--</DELETED>
<DELETED> (A) in the section heading, by striking
``the CyberTipline'' and inserting ``NCMEC'';</DELETED>
<DELETED> (B) in subsection (a)--</DELETED>
<DELETED> (i) in paragraph (1)--</DELETED>
<DELETED> (I) by striking ``NCMEC''
and inserting the following:</DELETED>
<DELETED> ``(A) Provision to providers.--
NCMEC'';</DELETED>
<DELETED> (II) in subparagraph (A),
as so designated, by inserting ``or
submission to the child victim
identification program described in
section 404(b)(1)(K)(ii) of the
Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after
``CyberTipline report''; and</DELETED>
<DELETED> (III) by adding at the end
the following:</DELETED>
<DELETED> ``(B) Provision to non-profit entities.--
NCMEC may provide hash values or similar technical
identifiers associated with visual depictions provided
in a CyberTipline report or submission to the child
victim identification program described in section
404(b)(1)(K)(ii) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii)) to a non-profit entity for the sole
and exclusive purpose of preventing and curtailing the
online sexual exploitation of children.'';
and</DELETED>
<DELETED> (ii) in paragraph (2)--</DELETED>
<DELETED> (I) by inserting ``(A)''
after ``(1)'';</DELETED>
<DELETED> (II) by inserting ``or
submission to the child victim
identification program described in
section 404(b)(1)(K)(ii) of the
Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after
``CyberTipline report''; and</DELETED>
<DELETED> (III) by adding at the end
the following: ``The elements
authorized under paragraph (1)(B) shall
be limited to hash values or similar
technical identifiers associated with
visual depictions provided in a
CyberTipline report or submission to
the child victim identification program
described in section 404(b)(1)(K)(ii)
of the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii)).''; and</DELETED>
<DELETED> (C) in subsection (d), by inserting ``or
to the child victim identification program described in
section 404(b)(1)(K)(ii) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after ``CyberTipline''.</DELETED>
<DELETED>SEC. 9. RULE OF CONSTRUCTION.</DELETED>
<DELETED> Nothing in this Act or the amendments made by this Act
shall be construed to require a provider of an interactive computer
service to search, screen, or scan for instances of online child sexual
exploitation.</DELETED>
<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There are authorized to be appropriated such sums as may
be necessary to carry out this Act.</DELETED>
<DELETED>SEC. 11. SEVERABILITY.</DELETED>
<DELETED> If any provision of this Act or any amendment made by
this Act, or any application of such provision or amendment to any
person or circumstance, is held to be unconstitutional, the remainder
of the provisions of this Act and the amendments made by this Act, and
the application of the provision or amendment to any other person or
circumstance, shall not be affected.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminating Abusive and Rampant
Neglect of Interactive Technologies Act of 2020'' or the ``EARN IT Act
of 2020''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the National
Commission on Online Child Sexual Exploitation Prevention.
(2) Interactive computer service.--The term ``interactive
computer service'' has the meaning given the term in section
230(f)(2) of the Communications Act of 1934 (47 U.S.C.
230(f)(2)).
SEC. 3. NATIONAL COMMISSION ON ONLINE CHILD SEXUAL EXPLOITATION
PREVENTION.
(a) Establishment.--There is established a National Commission on
Online Child Sexual Exploitation Prevention.
(b) Purpose.--The purpose of the Commission is to develop
recommended best practices that providers of interactive computer
services may choose to implement to prevent, reduce, and respond to the
online sexual exploitation of children, including the enticement,
grooming, sex trafficking, and sexual abuse of children and the
proliferation of online child sexual abuse material.
(c) Membership.--
(1) Composition.--
(A) In general.--The Commission shall be composed
of 19 members.
(B) Agency heads.--The following Federal officials
shall serve as members of the Commission:
(i) The Attorney General or his or her
representative.
(ii) The Secretary of Homeland Security or
his or her representative.
(iii) The Chairman of the Federal Trade
Commission or his or her representative.
(C) Other members.--Of the remaining 16 members of
the Commission--
(i) 4 shall be appointed by the majority
leader of the Senate, of whom--
(I) 1 shall have the qualifications
required under clause (i) or (ii) of
paragraph (2)(A);
(II) 1 shall have the
qualifications required under paragraph
(2)(B);
(III) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(C); and
(IV) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(D);
(ii) 4 shall be appointed by the minority
leader of the Senate, of whom--
(I) 1 shall have the qualifications
required under clause (i) or (ii) of
paragraph (2)(A);
(II) 1 shall have the
qualifications required under paragraph
(2)(B);
(III) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(C); and
(IV) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(D);
(iii) 4 shall be appointed by the Speaker
of the House of Representatives, of whom--
(I) 1 shall have the qualifications
required under clause (i) or (ii) of
paragraph (2)(A);
(II) 1 shall have the
qualifications required under paragraph
(2)(B);
(III) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(C); and
(IV) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(D); and
(iv) 4 shall be appointed by the minority
leader of the House of Representatives, of
whom--
(I) 1 shall have the qualifications
required under clause (i) or (ii) of
paragraph (2)(A);
(II) 1 shall have the
qualifications required under paragraph
(2)(B);
(III) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(C); and
(IV) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(D).
(2) Qualifications.--Of the 16 members of the Commission
appointed under paragraph (1)(C)--
(A) 4 shall have current experience in
investigating online child sexual exploitation crimes,
of whom--
(i) 2 shall have such experience in a law
enforcement capacity; and
(ii) 2 shall have such experience in a
prosecutorial capacity;
(B) 4 shall be survivors of online child sexual
exploitation, or have current experience in providing
services for victims of online child sexual
exploitation in a non-governmental capacity;
(C)(i) 2 shall have current experience in matters
related to consumer protection, civil liberties, civil
rights, or privacy; and
(ii) 2 shall have current experience in computer
science or software engineering related to matters of
cryptography, data security, or artificial intelligence
in a non-governmental capacity; and
(D) 4 shall be individuals who each currently work
for an interactive computer service that is unrelated
to each other interactive computer service represented
under this subparagraph, representing diverse types of
businesses and areas of professional expertise, of
whom--
(i) 2 shall have current experience in
addressing online child sexual exploitation and
promoting child safety at an interactive
computer service with not less than 30,000,000
monthly users in the United States; and
(ii) 2 shall have current experience in
addressing online child sexual exploitation and
promoting child safety at an interactive
computer service with less than 10,000,000
monthly users in the United States.
(3) Date.--The initial appointments of members to the
Commission under paragraph (1)(C) shall be made not later than
90 days after the date of enactment of this Act.
(d) Period of Appointment; Vacancies.--
(1) Period of appointment.--A member of the Commission
shall be appointed for a term of 5 years.
(2) Vacancies.--
(A) Effect on commission.--Any vacancy in the
Commission shall not affect the powers of the
Commission.
(B) Filling of vacancies.--A vacancy in the
Commission shall be filled in the same manner as the
original appointment under subsection (c)(1).
(e) Initial Meeting.--The Commission shall hold the first meeting
of the Commission not later than 60 days after the date on which a
majority of the members of the Commission have been appointed.
(f) Chairperson.--The Attorney General or his or her representative
shall serve as the Chairperson of the Commission.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold a meeting.
(h) Meetings.--The Commission shall meet at the call of the
Chairperson.
(i) Authority of Commission.--The Commission may, for the purpose
of carrying out this section and section 4, hold such hearings, sit and
act at such times and places, take such testimony, and receive such
evidence as the Commission considers appropriate.
(j) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from
any Federal department or agency such information as the
Commission considers necessary to carry out this section and
section 4.
(2) Furnishing information.--Upon request of the
Chairperson of the Commission for information under paragraph
(1), the head of a Federal department or agency shall furnish
the information to the Commission, unless the information is
subject to an active investigation or otherwise privileged or
confidential.
(k) Travel Expenses.--A member of the Commission shall serve
without compensation, but shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular places of business of the
member in the performance of services for the Commission.
(l) Duration.--Section 14 of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Recommended Best Practices.--
(1) Initial recommendations.--
(A) In general.--Not later than 18 months after the
date on which a majority of the members of the
Commission required to be appointed under section
3(c)(1)(C) have been so appointed, the Commission shall
develop and submit to the Attorney General recommended
best practices that providers of interactive computer
services may choose to engage in to prevent, reduce,
and respond to the online sexual exploitation of
children, including the enticement, grooming, sex
trafficking, and sexual abuse of children and the
proliferation of online child sexual abuse material.
(B) Requirements.--
(i) Alternative best practices.--The best
practices required to be developed and
submitted under subparagraph (A) shall include
alternatives that take into consideration--
(I) the size, type of product, and
business model of a provider of an
interactive computer service;
(II) whether an interactive
computer service--
(aa) is made available to
the public;
(bb) is primarily
responsible for hosting,
storage, display, and retrieval
of information on behalf of
third parties, including
providers of other interactive
computer services; or
(cc) provides the
capability to transmit data to
and receive data from all or
substantially all internet
endpoints on behalf of a
consumer; and
(III) whether a type of product,
business model, product design, or
other factors related to the provision
of an interactive computer service
could make a product or service
susceptible to the use and facilitation
of online child sexual exploitation.
(ii) Scope.--Notwithstanding paragraph (3),
the alternatives described in clause (i) of
this subparagraph may exclude certain matters
required to be addressed under paragraph (3),
as the Commission determines appropriate based
on the nature of particular products or
services, the factors described in such clause
(i), or other factors relevant to the purposes
of this Act.
(2) Support requirement.--The Commission may only recommend
the best practices under paragraph (1) if not fewer than 14
members of the Commission support the best practices.
(3) Matters addressed.--The matters addressed by the
recommended best practices developed and submitted by the
Commission under paragraph (1) shall include--
(A) preventing, identifying, disrupting, and
reporting online child sexual exploitation;
(B) coordinating with non-profit organizations and
other providers of interactive computer services to
preserve, remove from view, and report online child
sexual exploitation;
(C) retaining child sexual exploitation content and
related user identification and location data;
(D) receiving and triaging reports of online child
sexual exploitation by users of interactive computer
services, including self-reporting;
(E) implementing a standard rating and
categorization system to identify the type and severity
of child sexual abuse material;
(F) training and supporting content moderators who
review child sexual exploitation content for the
purposes of preventing and disrupting online child
sexual exploitation;
(G) preparing and issuing transparency reports,
including disclosures in terms of service, relating to
identifying, categorizing, and reporting online child
sexual exploitation and efforts to prevent and disrupt
online child sexual exploitation;
(H) coordinating with voluntary initiatives offered
among and to providers of interactive computer services
relating to identifying, categorizing, and reporting
online child sexual exploitation;
(I) employing age rating and age gating systems to
reduce online child sexual exploitation;
(J) offering parental control products that enable
customers to limit the types of websites, social media
platforms, and internet content that are accessible to
children; and
(K) contractual and operational practices to ensure
third parties, contractors, and affiliates comply with
the best practices.
(4) Relevant considerations.--In developing best practices
under paragraph (1), the Commission shall consider--
(A) the cost and technical limitations of
implementing the best practices;
(B) the impact on competition, product and service
quality, data security, and privacy;
(C) the impact on the ability of law enforcement
agencies to investigate and prosecute child sexual
exploitation and rescue victims; and
(D) the current state of technology.
(5) Periodic updates.--Not less frequently than once every
5 years, the Commission shall update and resubmit to the
Attorney General recommended best practices under paragraph
(1).
(b) Publication of Best Practices.--Not later than 30 days after
the date on which the Commission submits recommended best practices
under subsection (a), including updated recommended best practices
under paragraph (5) of that subsection, the Attorney General shall
publish the recommended best practices on the website of the Department
of Justice and in the Federal Register.
SEC. 5. PROTECTING VICTIMS OF ONLINE CHILD SEXUAL ABUSE.
Section 230(e) of the Communications Act of 1934 (47 U.S.C.
230(e)) is amended by adding at the end the following:
``(6) No effect on child sexual exploitation law.--Nothing
in this section (other than subsection (c)(2)(A)) shall be
construed to impair or limit--
``(A) any claim in a civil action brought against a
provider of an interactive computer service under
section 2255 of title 18, United States Code, if the
conduct underlying the claim constitutes a violation of
section 2252 or section 2252A of that title;
``(B) any charge in a criminal prosecution brought
against a provider of an interactive computer service
under State law regarding the advertisement, promotion,
presentation, distribution, or solicitation of child
sexual abuse material, as defined in section 2256(8) of
title 18, United States Code; or
``(C) any claim in a civil action brought against a
provider of an interactive computer service under State
law regarding the advertisement, promotion,
presentation, distribution, or solicitation of child
sexual abuse material, as defined in section 2256(8) of
title 18, United States Code.
``(7) Cybersecurity protections do not give rise to
liability.--Notwithstanding paragraph (6), a provider of an
interactive computer service shall not be deemed to be in
violation of section 2252 or 2252A of title 18, United States
Code, for the purposes of subparagraph (A) of such paragraph
(6), and shall not otherwise be subject to any charge in a
criminal prosecution under State law under subparagraph (B) of
such paragraph (6), or any claim in a civil action under State
law under subparagraph (C) of such paragraph (6), because the
provider--
``(A) utilizes full end-to-end encrypted messaging
services, device encryption, or other encryption
services;
``(B) does not possess the information necessary to
decrypt a communication; or
``(C) fails to take an action that would otherwise
undermine the ability of the provider to offer full
end-to-end encrypted messaging services, device
encryption, or other encryption services.''.
SEC. 6. USE OF TERM ``CHILD SEXUAL ABUSE MATERIAL''.
(a) Sense of Congress.--It is the sense of Congress that the term
``child sexual abuse material'' has the same legal meaning as the term
``child pornography'', as that term was used in Federal statutes and
case law before the date of enactment of this Act.
(b) Amendments.--
(1) Title 5, united states code.--Chapter 65 of title 5,
United States Code, is amended--
(A) in section 6502(a)(2)(B), by striking ``child
pornography'' and inserting ``child sexual abuse
material''; and
(B) in section 6504(c)(2)(F), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(2) Homeland security act of 2002.--The Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(A) in section 307(b)(3)(D) (6 U.S.C.
187(b)(3)(D)), by striking ``child pornography'' and
inserting ``child sexual abuse material''; and
(B) in section 890A (6 U.S.C. 473)--
(i) in subsection (b)(2)(A)(ii), by
striking ``child pornography'' and inserting
``child sexual abuse material''; and
(ii) in subsection (e)(3)(B)(ii), by
striking ``child pornography'' and inserting
``child sexual abuse material''.
(3) Immigration and nationality act.--Section 101(a)(43)(I)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)(I)) is amended by striking ``child pornography''
and inserting ``child sexual abuse material''.
(4) Small business jobs act of 2010.--Section 3011(c) of
the Small Business Jobs Act of 2010 (12 U.S.C. 5710(c)) is
amended by striking ``child pornography'' and inserting ``child
sexual abuse material''.
(5) Broadband data improvement act.--Section 214(a)(2) of
the Broadband Data Improvement Act (15 U.S.C. 6554(a)(2)) is
amended by striking ``child pornography'' and inserting ``child
sexual abuse material''.
(6) CAN-SPAM act of 2003.--Section 4(b)(2)(B) of the CAN-
SPAM Act of 2003 (15 U.S.C. 7703(b)(2)(B)) is amended by
striking ``child pornography'' and inserting ``child sexual
abuse material''.
(7) Title 18, united states code.--Title 18, United States
Code, is amended--
(A) in section 1956(c)(7)(D), by striking ``child
pornography'' each place the term appears and inserting
``child sexual abuse material'';
(B) in chapter 110--
(i) in section 2251(e), by striking ``child
pornography'' and inserting ``child sexual
abuse material'';
(ii) in section 2252(b)--
(I) in paragraph (1), by striking
``child pornography'' and inserting
``child sexual abuse material''; and
(II) in paragraph (2), by striking
``child pornography'' and inserting
``child sexual abuse material'';
(iii) in section 2252A--
(I) in the section heading, by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';
(II) in subsection (a)--
(aa) in paragraph (1), by
striking ``child pornography''
and inserting ``child sexual
abuse material'';
(bb) in paragraph (2)--
(AA) in
subparagraph (A), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material''; and
(BB) in
subparagraph (B), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material'';
(cc) in paragraph (3), by
striking ``child pornography''
and inserting ``child sexual
abuse material'';
(dd) in paragraph (4)--
(AA) in
subparagraph (A), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material''; and
(BB) in
subparagraph (B), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material'';
(ee) in paragraph (5)--
(AA) in
subparagraph (A), by
striking ``an image of
child pornography'' and
inserting ``child
sexual abuse
material''; and
(BB) in
subparagraph (B), by
striking ``an image of
child pornography'' and
inserting ``child
sexual abuse
material''; and
(ff) in paragraph (7)--
(AA) by striking
``child pornography''
and inserting ``child
sexual abuse
material''; and
(BB) by striking
the period at the end
and inserting a comma;
(III) in subsection (b)--
(aa) in paragraph (1), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(bb) in paragraph (2), by
striking ``child pornography''
each place the term appears and
inserting ``child sexual abuse
material''; and
(IV) in subsection (c)--
(aa) in paragraph (1)(A),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(bb) in paragraph (2), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(cc) in the undesignated
matter following paragraph (2),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(V) in subsection (d)(1), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(VI) in subsection (e), by striking
``child pornography'' each place the
term appears and inserting ``child
sexual abuse material'';
(iv) in section 2256(8)--
(I) by striking ``child
pornography'' and inserting ``child
sexual abuse material''; and
(II) by striking the period at the
end and inserting a semicolon;
(v) in section 2257A(h)--
(I) in paragraph (1)(A)(iii), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(II) in paragraph (2), by striking
``child pornography'' and inserting
``child sexual abuse material'';
(vi) in section 2258A--
(I) in subsection (a)(2)--
(aa) in subparagraph (A),
by striking ``child
pornography'' and inserting
``child sexual abuse
material''; and
(bb) in subparagraph (B),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(II) in subsection (b)--
(aa) in paragraph (4)--
(AA) in the
paragraph heading, by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material''; and
(BB) by striking
``child pornography''
and inserting ``child
sexual abuse
material''; and
(bb) in paragraph (5), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(III) in subsection (g)(2)(B), by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';
(vii) in section 2258C--
(I) in the section heading, by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';
(II) in subsection (a)--
(aa) in paragraph (2), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(bb) in paragraph (3), by
striking ``child pornography''
and inserting ``child sexual
abuse material'';
(III) in subsection (d), by
striking ``child pornography visual
depiction'' and inserting ``child
sexual abuse material visual
depiction''; and
(IV) in subsection (e), by striking
``child pornography visual depiction''
and inserting ``child sexual abuse
material visual depiction'';
(viii) in section 2259--
(I) in paragraph (b)(2)--
(aa) in the paragraph
heading, by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(bb) in the matter
preceding subparagraph (A), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(cc) in subparagraph (A),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(II) in subsection (c)--
(aa) in paragraph (1)--
(AA) in the
paragraph heading, by
striking ``Child
pornography'' and
inserting ``Child
sexual abuse
material''; and
(BB) by striking
``child pornography''
each place the term
appears and inserting
``child sexual abuse
material'';
(bb) in paragraph (2), in
the matter preceding
subparagraph (A), by striking
``child pornography'' each
place the term appears and
inserting ``child sexual abuse
material''; and
(cc) in paragraph (3)--
(AA) in the
paragraph heading, by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material''; and
(BB) by striking
``child pornography''
and inserting ``child
sexual abuse
material''; and
(III) in subsection (d)(1)--
(aa) in subparagraph (A)--
(AA) by striking
``child pornography''
each place the term
appears and inserting
``child sexual abuse
material''; and
(BB) by striking
``Child Pornography''
and inserting ``Child
Sexual Abuse
Material'';
(bb) in subparagraph (B),
by striking ``child
pornography'' and inserting
``child sexual abuse
material''; and
(cc) in subparagraph (C)--
(AA) by striking
``child pornography''
and inserting ``child
sexual abuse
material''; and
(BB) by striking
``Child Pornography''
and inserting ``Child
Sexual Abuse
Material'';
(ix) in section 2259A--
(I) in the section heading, by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';
(II) in subsection (a)--
(aa) in paragraph (2), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(bb) in paragraph (3), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(III) in subsection (d)(2)(B), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(x) in section 2259B--
(I) in the section heading, by
striking ``Child pornography'' and
inserting ``Child sexual abuse
material'';
(II) in subsection (a), by striking
``Child Pornography'' each place the
term appears and inserting ``Child
Sexual Abuse Material'';
(III) in subsection (b), by
striking ``Child Pornography'' each
place the term appears and inserting
``Child Sexual Abuse Material'';
(IV) in subsection (c), by striking
``Child Pornography'' and inserting
``Child Sexual Abuse Material''; and
(V) in subsection (d), by striking
``Child Pornography'' and inserting
``Child Sexual Abuse Material'';
(C) in chapter 117--
(i) in section 2423(f)(3), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in section 2427--
(I) in the section heading, by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(II) by striking ``child
pornography'' and inserting ``child
sexual abuse material'';
(D) in section 2516--
(i) in paragraph (1)(c), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in paragraph (2), by striking ``child
pornography'' and inserting ``child sexual
abuse material'';
(E) in section 3014(h)(3), by striking ``child
pornography'' and inserting ``child sexual abuse
material'';
(F) in section 3509--
(i) in subsection (a)(6), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in subsection (m)--
(I) in the subsection heading, by
striking ``Child Pornography'' and
inserting ``Child Sexual Abuse
Material'';
(II) in paragraph (1), by striking
``child pornography'' and inserting
``constitutes a child sexual abuse
material'';
(III) in paragraph (2), by striking
``child pornography'' and inserting
``constitutes a child sexual abuse
material''; and
(IV) in paragraph (3), by striking
``child pornography'' each place the
term appears and inserting ``child
sexual abuse material''; and
(G) in section 3632(d)(4)(D)(xlii), by striking
``child pornography'' and inserting ``child sexual
abuse material''.
(8) Tariff act of 1930.--Section 583(a)(2)(B) of the Tariff
Act of 1930 (19 U.S.C. 1583(a)(2)(B)) is amended by striking
``child pornography'' and inserting ``child sexual abuse
material''.
(9) Elementary and secondary education act of 1965.--
Section 4121 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7131) is amended--
(A) in subsection (a)--
(i) in paragraph (1)(A)(ii), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in paragraph (2)(A)(ii), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(B) in subsection (e)(5)--
(i) in the paragraph heading, by striking
``Child pornography'' and inserting ``Child
sexual abuse material''; and
(ii) by striking ``child pornography'' and
inserting ``child sexual abuse material''.
(10) Museum and library services act.--Section 224(f) of
the Museum and Library Services Act (20 U.S.C. 9134(f)) is
amended--
(A) in paragraph (1)--
(i) in subparagraph (A)(i)(II), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in subparagraph (B)(i)(II), by
striking ``child pornography'' and inserting
``child sexual abuse material''; and
(B) in paragraph (7)(A)--
(i) in the subparagraph heading, by
striking ``Child pornography'' and inserting
``Child sexual abuse material''; and
(ii) by striking ``child pornography'' and
inserting ``child sexual abuse material''.
(11) Omnibus crime control and safe streets act of 1968.--
Section 3031(b)(3) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10721(b)(3)) is amended by
striking ``child pornography'' and inserting ``child sexual
abuse material''.
(12) Juvenile justice and delinquency prevention act of
1974.--Section 404(b)(1)(K) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K))
is amended--
(A) in clause (i)(I)(aa), by striking ``child
pornography'' and inserting ``child sexual abuse
material''; and
(B) in clause (ii), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(13) Victims of crime act of 1984.--Section 1402(d)(6)(A)
of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)(6)(A))
is amended by striking ``Child Pornography'' and inserting
``Child Sexual Abuse Material''.
(14) Victims of child abuse act of 1990.--The Victims of
Child Abuse Act of 1990 (34 U.S.C. 20301 et seq.) is amended--
(A) in section 212(4) (34 U.S.C. 20302(4)), by
striking ``child pornography'' and inserting ``child
sexual abuse material'';
(B) in section 214(b) (34 U.S.C. 20304(b))--
(i) in the subsection heading, by striking
``Child Pornography'' and inserting ``Child
Sexual Abuse Material''; and
(ii) by striking ``child pornography'' and
inserting ``child sexual abuse material''; and
(C) in section 226(c)(6) (34 U.S.C. 20341(c)(6)),
by striking ``child pornography'' and inserting ``child
sexual abuse material''.
(15) Sex offender registration and notification act.--
Section 111 of the Sex Offender Registration and Notification
Act (34 U.S.C. 20911) is amended--
(A) in paragraph (3)(B)(iii), by striking ``child
pornography'' and inserting ``child sexual abuse
material''; and
(B) in paragraph (7)(G), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(16) Adam walsh child protection and safety act of 2006.--
Section 143(b)(3) of the Adam Walsh Child Protection and Safety
Act of 2006 (34 U.S.C. 20942(b)(3)) is amended by striking
``child pornography'' and inserting ``child sexual abuse
material''.
(17) PROTECT our children act of 2008.--Section
105(e)(1)(C) of the PROTECT Our Children Act of 2008 (34 U.S.C.
21115(e)(1)(C)) is amended by striking ``child pornography''
and inserting ``child sexual abuse material''.
(18) Social security act.--Section 471(a)(20)(A)(i) of the
Social Security Act (42 U.S.C. 671(a)(20)(A)(i)) is amended by
striking ``child pornography'' and inserting ``offenses
involving child sexual abuse material''.
(19) Privacy protection act of 1980.--Section 101 of the
Privacy Protection Act of 1980 (42 U.S.C. 2000aa) is amended--
(A) in subsection (a)(1), by striking ``child
pornography'' and inserting ``child sexual abuse
material''; and
(B) in subsection (b)(1), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(20) Child care and development block grant act of 1990.--
Section 658H(c)(1) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858f(c)(1)) is amended--
(A) in subparagraph (D)(iii), by striking ``child
pornography'' and inserting ``offenses relating to
child sexual abuse material''; and
(B) in subparagraph (E), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(21) Communications act of 1934.--Title II of the
Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended--
(A) in section 223 (47 U.S.C. 223)--
(i) in subsection (a)(1)--
(I) in subparagraph (A), in the
undesignated matter following clause
(ii), by striking ``child pornography''
and inserting ``which constitutes child
sexual abuse material''; and
(II) in subparagraph (B), in the
undesignated matter following clause
(ii), by striking ``child pornography''
and inserting ``which constitutes child
sexual abuse material''; and
(ii) in subsection (d)(1), in the
undesignated matter following subparagraph (B),
by striking ``child pornography'' and inserting
``that constitutes child sexual abuse
material''; and
(B) in section 254(h) (47 U.S.C. 254(h))--
(i) in paragraph (5)--
(I) in subparagraph (B)(i)(II), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(II) in subparagraph (C)(i)(II), by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';
(ii) in paragraph (6)--
(I) in subparagraph (B)(i)(II), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(II) in subparagraph (C)(i)(II) by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(iii) in paragraph (7)(F)--
(I) in the subparagraph heading, by
striking ``Child pornography'' and
inserting ``Child sexual abuse
material''; and
(II) by striking ``child
pornography'' and inserting ``child
sexual abuse material''.
(c) Table of Sections Amendments.--
(1) Chapter 110 of title 18.--The table of sections for
chapter 110 of title 18, United States Code, is amended--
(A) by striking the item relating to section 2252A
and inserting the following:
``2252A. Certain activities relating to material constituting or
containing child sexual abuse material.'';
(B) by striking the item relating to section 2258C
and inserting the following:
``2258C. Use to combat child sexual abuse material of technical
elements relating to reports made to the
CyberTipline.'';
(C) by striking the item relating to section 2259A
and inserting the following:
``2259A. Assessments in child sexual abuse material cases.'';
and
(D) by striking the item relating to section 2259B
and inserting the following:
``2259B. Child sexual abuse materials victims reserve''.
(2) Chapter 117 of title 18.--The table of sections for
chapter 117 of title 18, United States Code, is amended by
striking the item relating to section 2427 and inserting the
following:
``2427. Inclusion of offenses relating to child sexual abuse material
in definition of sexual activity for which
any person can be charged with a criminal
offense.''.
SEC. 7. MODERNIZING THE CYBERTIPLINE.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended--
(1) in section 2258A--
(A) in subsection (a)--
(i) in paragraph (1)(B)(ii), by inserting
after ``facts or circumstances'' the following:
``, including any available facts or
circumstances sufficient to identify and locate
each minor and each involved individual,''; and
(ii) in paragraph (2)(A)--
(I) by inserting ``1591 (if the
violation involves a minor),'' before
``2251,''; and
(II) by striking ``or 2260'' and
inserting ``2260, or 2422(b)'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by inserting ``or location''
after ``identity''; and
(II) by striking ``other
identifying information,'' and
inserting ``other information which may
identify or locate the involved
individual,'';
(ii) by redesignating paragraphs (2)
through (5) as paragraphs (3) through (6),
respectively;
(iii) by inserting after paragraph (1) the
following:
``(2) Information about the involved minor.--Information
relating to the identity or location of any involved minor,
which may, to the extent reasonably practicable, include the
electronic mail address, Internet Protocol address, uniform
resource locator, or any other information which may identify
or locate any involved minor, including self-reported
identifying information.''; and
(iv) by adding at the end the following:
``(7) Formatting of reports.--When in its discretion a
provider voluntarily includes any content described in this
subsection in a report to the CyberTipline, the provider shall
use best efforts to ensure that the report conforms with the
structure of the CyberTipline.''; and
(C) in subsection (d)(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'';
(2) in section 2258B--
(A) in subsection (a)--
(i) by striking ``arising from the
performance'' and inserting the following: ``,
may not be brought in any Federal or State
court if the claim or charge is directly
attributable to--
``(1) the performance'';
(ii) in paragraph (1), as so designated, by
striking ``may not be brought in any Federal or
State court.'' and inserting a semicolon; and
(iii) by adding at the end the following:
``(2) transmitting, distributing, or mailing child sexual
abuse material to any Federal, State, or local law enforcement
agency, or giving such agency access to child sexual abuse
material, in response to a search warrant, court order, or
other legal process issued by such agency; or
``(3) research voluntarily undertaken by the provider or
domain name registrar using any material being preserved under
section 2258A(h), if the research is only for the purpose of--
``(A) improving or facilitating reporting under
this section, section 2258A, or section 2258C; or
``(B) stopping the online sexual exploitation of
children.''; and
(B) in subsection (b)(2)(C)--
(i) by striking ``the performance of'';
(ii) by inserting ``described in or
performed'' after ``function''; and
(iii) by striking ``this section,
sections'' and inserting ``this section or
section''; and
(3) in section 2258C--
(A) in the section heading, by striking ``the
CyberTipline'' and inserting ``NCMEC'';
(B) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``NCMEC'' and
inserting the following:
``(A) Provision to providers.--NCMEC'';
(II) in subparagraph (A), as so
designated, by inserting ``or
submission to the child victim
identification program described in
section 404(b)(1)(K)(ii) of the
Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after
``CyberTipline report''; and
(III) by adding at the end the
following:
``(B) Provision to non-profit entities.--NCMEC may
provide hash values or similar technical identifiers
associated with visual depictions provided in a
CyberTipline report or submission to the child victim
identification program described in section
404(b)(1)(K)(ii) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii)) to a non-profit entity for the sole
and exclusive purpose of preventing and curtailing the
online sexual exploitation of children.''; and
(ii) in paragraph (2)--
(I) by inserting ``(A)'' after
``(1)'';
(II) by inserting ``or submission
to the child victim identification
program described in section
404(b)(1)(K)(ii) of the Juvenile
Justice and Delinquency Prevention Act
of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after
``CyberTipline report''; and
(III) by adding at the end the
following: ``The elements authorized
under paragraph (1)(B) shall be limited
to hash values or similar technical
identifiers associated with visual
depictions provided in a CyberTipline
report or submission to the child
victim identification program described
in section 404(b)(1)(K)(ii) of the
Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii)).''; and
(C) in subsection (d), by inserting ``or to the
child victim identification program described in
section 404(b)(1)(K)(ii) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after ``CyberTipline''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 110 of title 18, United States Code, is amended by striking the
item relating to section 2258C (as amended by section 6(c)(1)(B) of
this Act) and inserting the following:
``2258C. Use to combat child sexual abuse material of technical
elements relating to reports made to
NCMEC.''.
SEC. 8. ELIMINATING NETWORK DISTRIBUTION OF CHILD EXPLOITATION.
Section 2258A(h) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``90 days'' and inserting
``180 days''; and
(2) by adding at the end the following:
``(5) Extension of preservation.--A provider of a report to
the CyberTipline may voluntarily preserve the contents provided
in the report (including any comingled content described in
paragraph (2)) for longer than 180 days after the submission to
the CyberTipline for the purpose of reducing the proliferation
of online child sexual exploitation or preventing the online
sexual exploitation of children.''.
SEC. 9. IT SOLUTIONS RELATING TO COMBATING ONLINE CHILD EXPLOITATION.
Title IV of the Juvenile Justice and Delinquency Prevention Act of
1974 (34 U.S.C. 11291 et seq.) is amended--
(1) by redesignating section 409 (34 U.S.C. 11297) as
section 410; and
(2) by inserting after section 408 (34 U.S.C. 11296) the
following:
``SEC. 409. IT SOLUTIONS RELATING TO COMBATING ONLINE CHILD
EXPLOITATION.
``(a) Development of IT Solutions.--The Administrator shall enable
the development of information technology solutions and the creation
and acquisition of innovative tools to implement updates, improvements,
and modernization needed to enhance efforts to combat online child
exploitation in order to ensure that consistent, actionable information
is provided to law enforcement agencies, including Internet Crimes
Against Children (commonly known as `ICAC') task forces.
``(b) Consultation With Partners.--In developing the information
technology solutions under subsection (a), the Administrator shall
solicit input from all partners in the effort to combat online child
exploitation, including the Center, ICAC task forces, the Federal
Bureau of Investigation, the Department of Homeland Security, U.S.
Immigration and Customs Enforcement, Homeland Security Investigations,
and the United States Marshals Service.
``(c) Funding.--Each fiscal year, the Administrator shall carry out
this section using not less than $1,000,000 of the amounts made
available to carry out this title for that fiscal year.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
SEC. 11. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
any application of such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of the
provisions of this Act and the amendments made by this Act, and the
application of the provision or amendment to any other person or
circumstance, shall not be affected.
Calendar No. 491
116th CONGRESS
2d Session
S. 3398
_______________________________________________________________________
A BILL
To establish a National Commission on Online Child Sexual Exploitation
Prevention, and for other purposes.
_______________________________________________________________________
July 20, 2020
Reported with an amendment
EARN IT Act of 2020
#3398 | S Congress #116
Policy Area: Crime and Law Enforcement
Subjects: Advisory bodiesBusiness recordsChild safety and welfareCivil actions and liabilityCongressional oversightCrime preventionCrime victimsCrimes against childrenCriminal investigation, prosecution, interrogationCriminal justice information and recordsDomestic violence and child abuseFraud offenses and financial crimesHuman traffickingInternet and video servicesInternet, web applications, social mediaLegislative rules and procedurePornographySex offenses
Last Action: Placed on Senate Legislative Calendar under General Orders. Calendar No. 491. (7/20/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text