[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8454 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8454

To establish a National Commission on Online Child Sexual Exploitation 
                  Prevention, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 30, 2020

   Ms. Garcia of Texas (for herself and Mrs. Wagner) introduced the 
   following bill; which was referred to the Committee on Energy and 
   Commerce, and in addition to the Committees on the Judiciary, and 
Education and Labor, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 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,

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) Encryption technologies.--
                    ``(A) In general.--Notwithstanding paragraph (6), 
                none of the following actions or circumstances shall 
                serve as an independent basis for liability of a 
                provider of an interactive computer service for a claim 
                or charge described in that paragraph:
                            ``(i) The provider utilizes full end-to-end 
                        encrypted messaging services, device 
                        encryption, or other encryption services.
                            ``(ii) The provider does not possess the 
                        information necessary to decrypt a 
                        communication.
                            ``(iii) The provider 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.
                    ``(B) Consideration of evidence.--Nothing in 
                subparagraph (A) shall be construed to prohibit a court 
                from considering evidence of actions or circumstances 
                described in that subparagraph if the evidence is 
                otherwise admissible.''.

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.
                                 <all>