Text: S.3398 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in Senate (03/05/2020)

 
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[S. 3398 Introduced in Senate (IS)]

<DOC>






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, and Ms. 
Ernst) introduced the following bill; which was read twice and referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eliminating Abusive and Rampant 
Neglect of Interactive Technologies Act of 2020'' or the ``EARN IT Act 
of 2020''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the National 
        Commission on Online Child Sexual Exploitation Prevention.
            (2) Interactive computer service.--The term ``interactive 
        computer service'' has the meaning given the term in section 
        230(f)(2) of the Communications Act of 1934 (47 U.S.C. 
        230(f)(2)).

SEC. 3. NATIONAL COMMISSION ON ONLINE CHILD SEXUAL EXPLOITATION 
              PREVENTION.

    (a) Establishment.--There is established a National Commission on 
Online Child Sexual Exploitation Prevention.
    (b) Purpose.--The purpose of the Commission is to develop 
recommended best practices that providers of interactive computer 
services may choose to implement to prevent, reduce, and respond to the 
online sexual exploitation of children, including the enticement, 
grooming, sex trafficking, and sexual abuse of children and the 
proliferation of online child sexual abuse material.
    (c) Membership.--
            (1) Composition.--
                    (A) In general.--The Commission shall be composed 
                of 19 members.
                    (B) Agency heads.--The following Federal officials 
                shall serve as members of the Commission:
                            (i) The Attorney General or his or her 
                        representative.
                            (ii) The Secretary of Homeland Security or 
                        his or her representative.
                            (iii) The Chairman of the Federal Trade 
                        Commission or his or her representative.
                    (C) Other members.--Of the remaining 16 members of 
                the Commission--
                            (i) 4 shall be appointed by the majority 
                        leader of the Senate, of whom--
                                    (I) 1 shall have the qualifications 
                                required under clause (i) or (ii) of 
                                paragraph (2)(A);
                                    (II) 1 shall have the 
                                qualifications required under paragraph 
                                (2)(B);
                                    (III) 1 shall have the 
                                qualifications required under clause 
                                (i) or (ii) of paragraph (2)(C); and
                                    (IV) 1 shall have the 
                                qualifications required under clause 
                                (i) or (ii) of paragraph (2)(D);
                            (ii) 4 shall be appointed by the minority 
                        leader of the Senate, of whom--
                                    (I) 1 shall have the qualifications 
                                required under clause (i) or (ii) of 
                                paragraph (2)(A);
                                    (II) 1 shall have the 
                                qualifications required under paragraph 
                                (2)(B);
                                    (III) 1 shall have the 
                                qualifications required under clause 
                                (i) or (ii) of paragraph (2)(C); and
                                    (IV) 1 shall have the 
                                qualifications required under clause 
                                (i) or (ii) of paragraph (2)(D);
                            (iii) 4 shall be appointed by the Speaker 
                        of the House of Representatives, of whom--
                                    (I) 1 shall have the qualifications 
                                required under clause (i) or (ii) of 
                                paragraph (2)(A);
                                    (II) 1 shall have the 
                                qualifications required under paragraph 
                                (2)(B);
                                    (III) 1 shall have the 
                                qualifications required under clause 
                                (i) or (ii) of paragraph (2)(C); and
                                    (IV) 1 shall have the 
                                qualifications required under clause 
                                (i) or (ii) of paragraph (2)(D); and
                            (iv) 4 shall be appointed by the minority 
                        leader of the House of Representatives, of 
                        whom--
                                    (I) 1 shall have the qualifications 
                                required under clause (i) or (ii) of 
                                paragraph (2)(A);
                                    (II) 1 shall have the 
                                qualifications required under paragraph 
                                (2)(B);
                                    (III) 1 shall have the 
                                qualifications required under clause 
                                (i) or (ii) of paragraph (2)(C); and
                                    (IV) 1 shall have the 
                                qualifications required under clause 
                                (i) or (ii) of paragraph (2)(D).
            (2) Qualifications.--Of the 16 members of the Commission 
        appointed under paragraph (1)(C)--
                    (A) 4 shall have current experience in 
                investigating online child sexual exploitation crimes, 
                of whom--
                            (i) 2 shall have such experience in a law 
                        enforcement capacity; and
                            (ii) 2 shall have such experience in a 
                        prosecutorial capacity;
                    (B) 4 shall be survivors of online child sexual 
                exploitation, or have current experience in providing 
                services for victims of online child sexual 
                exploitation in a non-governmental capacity;
                    (C)(i) 2 shall have current experience in matters 
                related to constitutional law, consumer protection, 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 
                        registered 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 
                        registered 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 the 
                                        transmission and storage of 
                                        information on behalf 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 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 child sexual exploitation;
                    (B) coordinating with non-profit organizations and 
                other providers of interactive computer services to 
                preserve, remove from view, and report child sexual 
                exploitation;
                    (C) retaining child sexual exploitation content and 
                related user identification and location data;
                    (D) receiving and triaging reports of 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 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 
                child sexual exploitation;
                    (I) employing age rating and age gating systems to 
                reduce 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).
            (6) Resubmission after denial or failure to approve.--
                    (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.
                    (B) Applicable deadline.--
                            (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--
                                    (I) the deadline described in 
                                paragraph (1)(A) of this subsection; or
                                    (II) the date that is 60 days 
                                after, as applicable--
                                            (aa) the date of the 
                                        denial; or
                                            (bb) the last day on which 
                                        a bill containing the best 
                                        practices could have been 
                                        enacted under the expedited 
                                        procedures under subsection 
                                        (c).
                            (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--
                                    (I) the deadline described in 
                                paragraph (5); or
                                    (II) the date that is 60 days 
                                after, as applicable--
                                            (aa) the date of the 
                                        denial; or
                                            (bb) the last day on which 
                                        a bill containing the best 
                                        practices could have been 
                                        enacted under the expedited 
                                        procedures under subsection 
                                        (c).
    (b) Publication of Best Practices.--
            (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--
                    (A) approve or deny the recommended best practices; 
                and
                    (B) if approved--
                            (i) publish the recommended best practices 
                        on the website of the Department of Justice and 
                        in the Federal Register; and
                            (ii) submit the recommended best practices 
                        to Congress, including to--
                                    (I) the Committee on the Judiciary 
                                and the Committee on Commerce, Science, 
                                and Transportation of the Senate; and
                                    (II) the Committee on the Judiciary 
                                and the Committee on Energy and 
                                Commerce of the House of 
                                Representatives.
            (2) Considerations.--In determining whether to approve or 
        deny recommended best practices under paragraph (1), the 
        Attorney General shall consider--
                    (A) the purpose of the Commission, as set forth in 
                section 3(b); and
                    (B) the relevant considerations set forth in 
                subsection (a)(4) of this section.
            (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.
    (c) Congressional Approval.--
            (1) Definition.--In this subsection, the term ``covered 
        bill'' means a bill that--
                    (A) contains only the recommended best practices 
                that have been submitted to Congress under subsection 
                (b), in their entirety; and
                    (B) is introduced under paragraph (3) of this 
                subsection.
            (2) Rules of house of representatives and senate.--This 
        subsection is enacted by Congress--
                    (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
                    (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.
            (3) Introduction.--
                    (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--
                            (i) in the Senate by--
                                    (I) the majority leader of the 
                                Senate, for himself or herself and the 
                                minority leader of the Senate; or
                                    (II) Members of the Senate 
                                designated by the majority leader and 
                                minority leader of the Senate; and
                            (ii) in the House of Representatives by--
                                    (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
                                    (II) Members of the House of 
                                Representatives designated by the 
                                majority leader and minority leader of 
                                the House of the House of 
                                Representatives.
                    (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.
                    (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.
            (4) Fast track consideration in house of representatives.--
                    (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.
                    (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.
                    (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.
            (5) Fast track consideration in senate.--
                    (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.
                    (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.
                    (C) Floor consideration.--
                            (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.
                            (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.
                            (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.
                            (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.
            (6) Rules relating to senate and house of 
        representatives.--
                    (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:
                            (i) The covered bill of the other House 
                        shall not be referred to a committee.
                            (ii) With respect to a covered bill of the 
                        House receiving the bill--
                                    (I) the procedure in that House 
                                shall be the same as if no covered bill 
                                had been received from the other House; 
                                but
                                    (II) the vote on passage shall be 
                                on the covered bill of the other House.
                    (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.
                    (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.
    (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--
            (1) has conducted a thorough review of the implementation 
        and operation of the best practices; and
            (2) has a reasonable basis to conclude that review does not 
        reveal any material non-compliance with the requirements of the 
        best practices.
    (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).
    (f) Civil Investigative Demands.--
            (1) Issuance; service; production of material; testimony.--
                    (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--
                            (i) produce any documentary material 
                        relevant to such certification for inspection 
                        and copying;
                            (ii) answer in writing written 
                        interrogatories with respect to such 
                        documentary material;
                            (iii) give oral testimony concerning such 
                        documentary material; or
                            (iv) furnish any combination of such 
                        material, answers, or testimony.
                    (B) Service.--If a civil investigative demand 
                issued under subparagraph (A) is an express demand for 
                any product of discovery, the Attorney General shall--
                            (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
                            (ii) notify the person to whom the demand 
                        is issued of the date on which the copy was 
                        served.
            (2) Contents; return date for demand for product of 
        discovery.--
                    (A) In general.--Each civil investigative demand 
                issued under paragraph (1) shall--
                            (i) state the nature of the Attorney 
                        General's belief that a false certification has 
                        been filed under subsection (d);
                            (ii) if the demand is for production of 
                        documentary material--
                                    (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;
                                    (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
                                    (III) identify the custodian to 
                                whom the material shall be made 
                                available;
                            (iii) if the demand is for answers to 
                        written interrogatories--
                                    (I) propound with definiteness and 
                                certainty the written interrogatories 
                                to be answered;
                                    (II) prescribe a date or dates at 
                                which time answers to written 
                                interrogatories shall be submitted; and
                                    (III) identify the custodian to 
                                whom the answers shall be submitted; 
                                and
                            (iv) if the demand is for the giving of 
                        oral testimony--
                                    (I) prescribe a date, time, and 
                                place at which oral testimony shall be 
                                commenced; and
                                    (II) identify--
                                            (aa) an investigator who 
                                        shall conduct the examination; 
                                        and
                                            (bb) the custodian to whom 
                                        the transcript of the 
                                        examination shall be submitted.
                    (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.
            (3) Applicability of other provisions.--
                    (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.
                    (B) False claims references.--For purposes of 
                subparagraph (A), a reference in section 3733 of title 
                31, United States Code, to--
                            (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;
                            (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
                            (iii) a false claims law investigator shall 
                        be deemed to be a reference to--
                                    (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
                                    (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.

SEC. 5. ENFORCEMENT.

    (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.
    (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.

SEC. 6. EARNING IMMUNITY.

    (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:
            ``(6) No effect on child sexual exploitation law.--
                    ``(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--
                            ``(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--
                                    ``(I) constitutes a violation of 
                                section 2252 or section 2252A of that 
                                title; or
                                    ``(II) is considered a violation of 
                                section 2252 or section 2252A of that 
                                title by operation of subsection (a)(2) 
                                of such section 2255;
                            ``(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
                            ``(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--
                                    ``(I) would constitute a violation 
                                of section 2252 or section 2252A of 
                                title 18, United States Code; or
                                    ``(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.
                    ``(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--
                            ``(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
                            ``(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.''.
    (b) Mens Rea for Civil Suits.--Section 2255 of title 18, United 
States Code, is amended--
            (1) by redesignating subsection (a) as paragraph (1) and 
        adjusting the margin accordingly;
            (2) by inserting before paragraph (1), as so designated, 
        the following:
    ``(a) Right of Action.--''; and
            (3) in subsection (a), as so designated, by adding at the 
        end the following:
            ``(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.''.
    (c) Effective Date.--The amendments made by this section shall--
            (1) take effect on the earlier of--
                    (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
                    (B) the date that is 4 years after the date of 
                enactment of this Act; and
            (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).

SEC. 7. 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), 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. 8. MODERNIZING THE CYBERTIPLINE.

    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)--
                    (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--
            ``(1) the performance'';
                    (B) in paragraph (1), as so designated, by striking 
                ``may not be brought in any Federal or State court.'' 
                and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(2) compliance with a search warrant, court order, or 
        other legal process; 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
            (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''.

SEC. 9. RULE OF CONSTRUCTION.

    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.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.

SEC. 11. SEVERABILITY.

     If any provision of this Act or any amendment made by this Act, or 
any application of such provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of the 
provisions of this Act and the amendments made by this Act, and the 
application of the provision or amendment to any other person or 
circumstance, shall not be affected.
                                 <all>

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