118 HR 5182 IH: Child Online Safety Modernization Act of 2023
U.S. House of Representatives
2023-08-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
1st Session
H. R. 5182
IN THE HOUSE OF REPRESENTATIVES
August 8, 2023
Mrs. Wagner (for herself, Ms. Garcia of Texas, Mr. Nunn of Iowa, Mr. Hunt, Mr. Donalds, Ms. Salazar, Mr. Moore of Utah, Mr. Bacon, and Mr. Alford) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To modernize online child protection laws.
1.

Short title
This Act may be cited as the “Child Online Safety Modernization Act of 2023”.
2.

Modernizing the Cybertipline
(a)

In general
Chapter 110 of title 18, United States Code, is amended—
(1)
in section 2258A, as amended by section 6(b) of this Act—
(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, as amended by section 6(b) of this Act—
(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 of technical elements from reports made to NCMEC to combat child sexual abuse material.”.
3.

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 “1 year”; 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 1 year 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.”.
4.

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 “material constituting or containing 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 “material that contains child pornography” and inserting “child sexual abuse material”;
- (cc)
in paragraph (3)(A), 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 “material that contains an image of child pornography” and inserting “item containing child sexual abuse material”; and
(BB)
in subparagraph (B), by striking “material that contains an image of child pornography” and inserting “item containing 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”;
(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)—
- (aa)
by inserting a comma after “marketed”;
- (bb)
by striking “such than” and inserting “such that”; and
- (cc)
by striking “a visual depiction that is child pornography” and inserting “child sexual abuse material”; and
(II)
in paragraph (2), by striking “any visual depiction that is 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 “Visual depictions of apparent child pornography” and inserting “Apparent child sexual abuse material”; and
(BB)
by striking “visual depiction of apparent child pornography” and inserting “apparent child sexual abuse material”; and
- (bb)
in paragraph (5), by striking “visual depiction of apparent child pornography” and inserting “apparent child sexual abuse material”; and
(III)
in subsection (g)(2)(B), by striking “visual depictions of apparent child pornography” and inserting “apparent child sexual abuse material”;
(vii)
in section 2258C—
(I)
in the section heading, by striking “Use to combat child pornography of technical elements relating to reports made to the CyberTipline” and inserting “Use of technical elements from reports made to the CyberTipline to combat 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 “the actual visual depictions of apparent child pornography” and inserting “any apparent 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 production” and inserting “Production of child sexual abuse material”;
(BB)
by striking “child pornography production” and inserting “production of child sexual abuse material”; and
(CC)
by striking “production of child pornography” and inserting “production of child sexual abuse material”;
- (bb)
in paragraph (2), in the matter preceding subparagraph (A), by striking “trafficking in child pornography offenses” each place the term appears and inserting “offenses for trafficking in 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 Victims Reserve” and inserting “Reserve for Victims of 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 Victims Reserve” and inserting “Reserve for Victims of Child Sexual Abuse Material”;
(ix)
in section 2259A—
(I)
in the section heading, by striking “child pornography cases” and inserting “cases involving 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 “a child pornography production offense” and inserting “an offense for production of child sexual abuse material”; and
(III)
in subsection (d)(2)(B), by striking “child pornography production or trafficking offense that the defendant committed” and inserting “offense for production of child sexual abuse material or trafficking in child sexual abuse material committed by the defendant”; and
(x)
in section 2259B—
(I)
in the section heading, by striking “Child pornography victims reserve” and inserting “Reserve for child sexual abuse material”;
(II)
in subsection (a), by striking “Child Pornography Victims Reserve” each place the term appears and inserting “Reserve for Victims of Child Sexual Abuse Material”;
(III)
in subsection (b), by striking “Child Pornography Victims Reserve” each place the term appears and inserting “Reserve for Victims of Child Sexual Abuse Material”; and
(IV)
in subsection (c), by striking “Child Pornography Victims Reserve” and inserting “Reserve for Victims of 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 “material constituting or containing child pornography” and inserting “child sexual abuse material”; and
(ii)
in paragraph (2), by striking “child pornography production” and inserting “production of child sexual abuse material”;
(E)
in section 3014(h)(3), by striking “child pornography victims” and inserting “victims of 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 “property or material that constitutes child pornography (as defined by section 2256 of this title)” and inserting “child sexual abuse material (as defined by section 2256 of this title), or property or items containing such material,”;
(III)
in paragraph (2)—
- (aa)
in subparagraph (A)—
(AA)
by striking “property or material that constitutes child pornography (as defined by section 2256 of this title)” and inserting “child sexual abuse material (as defined by section 2256 of this title), or property or items containing such material,”; and
(BB)
by striking “the property or material” and inserting “the child sexual abuse material, property, or items”; and
- (bb)
in subparagraph (B), by striking “property or material” each place the term appears and inserting “child sexual abuse material, property, or items”; and
(IV)
in paragraph (3)—
- (aa)
by striking “property or material that constitutes child pornography, as defined under section 2256(8)” and inserting “child sexual abuse material (as defined by section 2256 of this title)”;
- (bb)
by striking “such child pornography” and inserting “such child sexual abuse material”; and
- (cc)
by striking “Such property or material” and inserting “Such child sexual abuse material”; and
(G)
in section 3632(d)(4)(D)(xlii), by striking “material constituting or containing 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 Victims Reserve” and inserting “Reserve for Victims of 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 enticement cases” and inserting “cases involving child sexual abuse material and enticement of children”.
(17)

PROTECT Our Children Act of 2008
The PROTECT Our Children Act of 2008 (34 U.S.C. 21101 et seq.) is amended—
(A)
in section 101(c) (34 U.S.C. 21111(c))—
(i)
in paragraph (16)—
(I)
in the matter preceding subparagraph (A), by striking “child pornography trafficking” and inserting “trafficking in child sexual abuse material”;
(II)
in subparagraph (A), by striking “child pornography” and inserting “child sexual abuse material”;
(III)
in subparagraph (B), by striking “child pornography” and inserting “child sexual abuse material”;
(IV)
in subparagraph (C), by striking “child pornography” and inserting “child sexual abuse material”; and
(V)
in subparagraph (D), by striking “child pornography” and inserting “child sexual abuse material”; and
(ii)
in paragraph (17)(A), by striking “child pornography” and inserting “child sexual abuse material”; and
(B)
in section 105(e)(1)(C) (34 U.S.C. 21115(e)(1)(C)), by striking “child pornography trafficking” and inserting “trafficking in 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 child sexual abuse material.”;
(B)
by striking the item relating to section 2258C and inserting the following:
“2258C. Use of technical elements from reports made to the CyberTipline to combat child sexual abuse material.”;
(C)
by striking the item relating to section 2259A and inserting the following:
“2259A. Assessments in cases involving child sexual abuse material.”;
and
(D)
by striking the item relating to section 2259B and inserting the following:
“2259B. Reserve for victims of child sexual abuse material.”.
(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.”.
(d)

Amendment to the Federal sentencing guidelines
Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall amend the Federal sentencing guidelines, including application notes, to replace the terms child pornography and child pornographic material with “child sexual abuse material”.
(e)

Effective date
The amendments made by this section to title 18, United States Code, shall apply to conduct that occurred before, on, or after the date of enactment of this Act.