[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