,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hded ,,in ,,the ,,house ,,of ,,representatives ,september #cj1 #bjbj ,ms4 ,garcia of ,texas 7for herself and ,mrs4 ,wagner7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on the ,judiciary1 and ,education and ,labor1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish a ,national ,commission on ,online ,child ,sexual ,exploitation ,prevention1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,eliminating ,abusive and ,rampant ,neglect of ,interactive ,technologies ,act of #bjbj or the ,,earn ,,it ,act of #bjbj4 #b4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,national ,commission on ,online ,child ,sexual ,exploitation ,prevention4 7#b7 ,interactive computer service ,the term interactive computer service has the meaning given the term in section #bcj7;f77#b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f77#b774 #c4 ,national commission on online child sexual exploitation prevention 7a7 ,establishment ,there is established a ,national ,commission on ,online ,child ,sexual ,exploitation ,prevention4 7b7 ,purpose ,the purpose of the ,commission is to develop recommended best practices that providers of interactive computer services may choose to implement to prevent1 reduce1 and respond to the online sexual exploitation of children1 including the enticement1 grooming1 sex trafficking1 and sexual abuse of children and the proliferation of online child sexual abuse material4 7c7 ,membership 7#a7 ,composition 7,a7 ,in general ,the ,commission shall be composed of #ai members4 7,b7 ,agency heads ,the following ,federal officials shall serve as members of the ,commission3 7i7 ,the ,attorney ,general or his or her representative4 7ii7 ,the ,secretary of ,homeland ,security or his or her representative4 7iii7 ,the ,chairman of the ,federal ,trade ,commission or his or her representative4 7,c7 ,other members ,of the remaining #af members of the ,commission-- 7i7 #d shall be appointed by the majority leader of the ,senate1 of whom-- 7,i7 #a shall have the qualifications required under clause 7i7 or 7ii7 of paragraph 7#b77;,a72 7,,ii7 #a shall have the qualifications required under paragraph 7#b77;,b72 7,,iii7 #a shall have the qualifications required under clause 7i7 or 7ii7 of paragraph 7#b77;,c72 and 7,,iv7 #a shall have the qualifications required under clause 7i7 or 7ii7 of paragraph 7#b77;,d72 7ii7 #d shall be appointed by the minority leader of the ,senate1 of whom-- 7,i7 #a shall have the qualifications required under clause 7i7 or 7ii7 of paragraph 7#b77;,a72 7,,ii7 #a shall have the qualifications required under paragraph 7#b77;,b72 7,,iii7 #a shall have the qualifications required under clause 7i7 or 7ii7 of paragraph 7#b77;,c72 and 7,,iv7 #a shall have the qualifications required under clause 7i7 or 7ii7 of paragraph 7#b77;,d72 7iii7 #d shall be appointed by the ,speaker of the ,house of ,representatives1 of whom-- 7,i7 #a shall have the qualifications required under clause 7i7 or 7ii7 of paragraph 7#b77;,a72 7,,ii7 #a shall have the qualifications required under paragraph 7#b77;,b72 7,,iii7 #a shall have the qualifications required under clause 7i7 or 7ii7 of paragraph 7#b77;,c72 and 7,,iv7 #a shall have the qualifications required under clause 7i7 or 7ii7 of paragraph 7#b77;,d72 and 7iv7 #d shall be appointed by the minority leader of the ,house of ,representatives1 of whom-- 7,i7 #a shall have the qualifications required under clause 7i7 or 7ii7 of paragraph 7#b77;,a72 7,,ii7 #a shall have the qualifications required under paragraph 7#b77;,b72 7,,iii7 #a shall have the qualifications required under clause 7i7 or 7ii7 of paragraph 7#b77;,c72 and 7,,iv7 #a shall have the qualifications required under clause 7i7 or 7ii7 of paragraph 7#b77;,d74 7#b7 ,qualifications ,of the #af members of the ,commission appointed under paragraph 7#a77;,c7-- 7,a7 #d shall have current experience in investigating online child sexual exploitation crimes1 of whom-- 7i7 #b shall have such experience in a law enforcement capacity2 and 7ii7 #b shall have such experience in a prosecutorial capacity2 7,b7 #d shall be survivors of online child sexual exploitation1 or have current experience in providing services for victims of online child sexual exploitation in a non-governmental capacity2 7,c7 7i7 #b shall have current experience in matters related to consumer protection1 civil liberties1 civil rights1 or privacy2 and 7ii7 #b shall have current experience in computer science or software engineering related to matters of cryptography1 data security1 or artificial intelligence in a non-governmental capacity2 and 7,d7 #d shall be individuals who each currently work for an interactive computer service that is unrelated to each other interactive computer service represented under this subparagraph1 representing diverse types of businesses and areas of professional expertise1 of whom-- 7i7 #b shall have current experience in addressing online child sexual exploitation and promoting child safety at an interactive computer service with not less than #cj1jjj1jjj monthly users in the ,united ,states2 and 7ii7 #b shall have current experience in addressing online child sexual exploitation and promoting child safety at an interactive computer service with less than #aj1jjj1jjj monthly users in the ,united ,states4 7#c7 ,date ,the initial appointments of members to the ,commission under paragraph 7#a77;,c7 shall be made not later than #ij days after the date of enactment of this ,act4 7d7 ,period of appointment2 vacancies 7#a7 ,period of appointment ,a member of the ,commission shall be appointed for a term of #e years4 7#b7 ,vacancies 7,a7 ,effect on commission ,any vacancy in the ,commission shall not affect the powers of the ,commission4 7,b7 ,filling of vacancies ,a vacancy in the ,commission shall be filled in the same manner as the original appointment under subsection 7c77#a74 7e7 ,initial meeting ,the ,commission shall hold the first meeting of the ,commission not later than #fj days after the date on which a majority of the members of the ,commission have been appointed4 7f7 ,chairperson ,the ,attorney ,general or his or her representative shall serve as the ,chairperson of the ,commission4 7g7 ,quorum ,a majority of the members of the ,commission shall constitute a quorum1 but a lesser number of members may hold a meeting4 7h7 ,meetings ,the ,commission shall meet at the call of the ,chairperson4 7i7 ,authority of commission ,the ,commission may1 for the purpose of carrying out this section and section #d1 hold such hearings1 sit and act at such times and places1 take such testimony1 and receive such evidence as the ,commission considers appropriate4 7j7 ,information from federal agencies 7#a7 ,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 #d4 7#b7 ,furnishing information ,upon request of the ,chairperson of the ,commission for information under paragraph 7#a71 the head of a ,federal department or agency shall furnish the information to the ,commission1 unless the information is subject to an active investigation or otherwise privileged or confidential4 7k7 ,travel expenses ,a member of the ,commission shall serve without compensation1 but shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the home or regular places of business of the member in the performance of services for the ,commission4 7l7 ,duration ,section #ad of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,commission4 #d4 ,duties of the commission 7a7 ,recommended best practices 7#a7 ,initial recommendations 7,a7 ,in general ,not later than #ah months after the date on which a majority of the members of the ,commission required to be appointed under section #c7;c77#a77;,c7 have been so appointed1 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 prevent1 reduce1 and respond to the online sexual exploitation of children1 including the enticement1 grooming1 sex trafficking1 and sexual abuse of children and the proliferation of online child sexual abuse material4 7,b7 ,requirements 7i7 ,alternative best practices ,the best practices required to be developed and submitted under subparagraph 7,a7 shall include alternatives that take into consideration-- 7,i7 the size1 type of product1 and business model of a provider of an interactive computer service2 7,,ii7 whether an interactive computer service-- 7aa7 is made available to the public2 7bb7 is primarily responsible for hosting1 storage1 display1 and retrieval of information on behalf of third parties1 including providers of other interactive computer services2 or 7cc7 provides the capability to transmit data to and receive data from all or substantially all internet endpoints on behalf of a consumer2 and 7,,iii7 whether a type of product1 business model1 product design1 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 exploitation4 7ii7 ,scope ,notwithstanding paragraph 7#c71 the alternatives described in clause 7i7 of this subparagraph may exclude certain matters required to be addressed under paragraph 7#c71 as the ,commission determines appropriate based on the nature of particular products or services1 the factors described in such clause 7i71 or other factors relevant to the purposes of this ,act4 7#b7 ,support requirement ,the ,commission may only recommend the best practices under paragraph 7#a7 if not fewer than #ad members of the ,commission support the best practices4 7#c7 ,matters addressed ,the matters addressed by the recommended best practices developed and submitted by the ,commission under paragraph 7#a7 shall include-- 7,a7 preventing1 identifying1 disrupting1 and reporting online child sexual exploitation2 7,b7 coordinating with non-profit organizations and other providers of interactive computer services to preserve1 remove from view1 and report online child sexual exploitation2 7,c7 retaining child sexual exploitation content and related user identification and location data2 7,d7 receiving and triaging reports of online child sexual exploitation by users of interactive computer services1 including self-reporting2 7,e7 implementing a standard rating and categorization system to identify the type and severity of child sexual abuse material2 7,f7 training and supporting content moderators who review child sexual exploitation content for the purposes of preventing and disrupting online child sexual exploitation2 7,g7 preparing and issuing transparency reports1 including disclosures in terms of service1 relating to identifying1 categorizing1 and reporting online child sexual exploitation and efforts to prevent and disrupt online child sexual exploitation2 7,h7 coordinating with voluntary initiatives offered among and to providers of interactive computer services relating to identifying1 categorizing1 and reporting online child sexual exploitation2 7,i7 employing age rating and age gating systems to reduce online child sexual exploitation2 7,j7 offering parental control products that enable customers to limit the types of websites1 social media platforms1 and internet content that are accessible to children2 and 7,k7 contractual and operational practices to ensure third parties1 contractors1 and affiliates comply with the best practices4 7#d7 ,relevant considerations ,in developing best practices under paragraph 7#a71 the ,commission shall consider-- 7,a7 the cost and technical limitations of implementing the best practices2 7,b7 the impact on competition1 product and service quality1 data security1 and privacy2 7,c7 the impact on the ability of law enforcement agencies to investigate and prosecute child sexual exploitation and rescue victims2 and 7,d7 the current state of technology4 7#e7 ,periodic updates ,not less frequently than once every #e years1 the ,commission shall update and resubmit to the ,attorney ,general recommended best practices under paragraph 7#a74 7b7 ,publication of best practices ,not later than #cj days after the date on which the ,commission submits recommended best practices under subsection 7a71 including updated recommended best practices under paragraph 7#e7 of that subsection1 the ,attorney ,general shall publish the recommended best practices on the website of the ,department of ,justice and in the ,federal ,register4 #e4 ,protecting victims of online child sexual abuse ,section #bcj7;e7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;e77 is amended by adding at the end the following3 7#f7 ,no effect on child sexual exploitation law ,nothing in this section 7other than subsection 7c77#b77;,a77 shall be construed to impair or limit-- 7,a7 any claim in a civil action brought against a provider of an interactive computer service under section #bbee of title #ah1 ,united ,states ,code1 if the conduct underlying the claim constitutes a violation of section #bbeb or section #bbeb;,a of that title2 7,b7 any charge in a criminal prosecution brought against a provider of an interactive computer service under ,state law regarding the advertisement1 promotion1 presentation1 distribution1 or solicitation of child sexual abuse material1 as defined in section #bbef7h7 of title #ah1 ,united ,states ,code2 or 7,c7 any claim in a civil action brought against a provider of an interactive computer service under ,state law regarding the advertisement1 promotion1 presentation1 distribution1 or solicitation of child sexual abuse material1 as defined in section #bbef7h7 of title #ah1 ,united ,states ,code4 7#g7 ,encryption technologies 7,a7 ,in general ,notwithstanding paragraph 7#f71 none of the following actions or circumstances shall serve as an independent basis for liability of a provider of an interactive computer service for a claim or charge described in that paragraph3 7i7 ,the provider utilizes full end-to-end encrypted messaging services1 device encryption1 or other encryption services4 7ii7 ,the provider does not possess the information necessary to decrypt a communication4 7iii7 ,the provider fails to take an action that would otherwise undermine the ability of the provider to offer full end-to-end encrypted messaging services1 device encryption1 or other encryption services4 7,b7 ,consideration of evidence ,nothing in subparagraph 7,a7 shall be construed to prohibit a court from considering evidence of actions or circumstances described in that subparagraph if the evidence is otherwise admissible4 4 #f4 ,use of term child sexual abuse material 7a7 ,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 pornography1 as that term was used in ,federal statutes and case law before the date of enactment of this ,act4 7b7 ,amendments 7#a7 ,title #e1 united states code ,chapter #fe of title #e1 ,united ,states ,code1 is amended-- 7,a7 in section #fejb7;a77#b77;,b71 by striking child pornography and inserting child sexual abuse material2 and 7,b7 in section #fejd7;c77#b77;,f71 by striking child pornography and inserting child sexual abuse material4 7#b7 ,homeland security act of #bjjb ,the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is amended-- 7,a7 in section #cjg7;b77#c77;,d7 7#f ,u4,s4,c4 #ahg7;b77#c77;,d771 by striking child pornography and inserting child sexual abuse material2 and 7,b7 in section #hij;,a 7#f ,u4,s4,c4 #dgc7-- 7i7 in subsection 7b77#b77;,a77ii71 by striking child pornography and inserting child sexual abuse material2 and 7ii7 in subsection 7e77#c77;,b77ii71 by striking child pornography and inserting child sexual abuse material4 7#c7 ,immigration and nationality act ,section #aja7;a77#dc77;,i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc77;,i77 is amended by striking child pornography and inserting child sexual abuse material4 7#d7 ,small business jobs act of #bjaj ,section #cjaa7;c7 of the ,small ,business ,jobs ,act of #bjaj 7#ab ,u4,s4,c4 #egaj7;c77 is amended by striking child pornography and inserting child sexual abuse material4 7#e7 ,broadband data improvement act ,section #bad7;a77#b7 of the ,broadband ,data ,improvement ,act 7#ae ,u4,s4,c4 #feed7;a77#b77 is amended by striking child pornography and inserting child sexual abuse material4 7#f7 ,,can-,,spam act of #bjjc ,section #d7;b77#b77;,b7 of the ,,can-,,spam ,act of #bjjc 7#ae ,u4,s4,c4 #ggjc7;b77#b77;,b77 is amended by striking child pornography and inserting child sexual abuse material4 7#g7 ,title #ah1 united states code ,title #ah1 ,united ,states ,code1 is amended-- 7,a7 in section #aief7;c77#g77;,d71 by striking child pornography each place the term appears and inserting child sexual abuse material2 7,b7 in chapter #aaj-- 7i7 in section #bbea7;e71 by striking child pornography and inserting child sexual abuse material2 7ii7 in section #bbeb7;b7-- 7,i7 in paragraph 7#a71 by striking child pornography and inserting child sexual abuse material2 and 7,,ii7 in paragraph 7#b71 by striking child pornography and inserting child sexual abuse material2 7iii7 in section #bbeb;,a-- 7,i7 in the section heading1 by striking child pornography and inserting child sexual abuse material2 7,,ii7 in subsection 7a7-- 7aa7 in paragraph 7#a71 by striking child pornography and inserting child sexual abuse material2 7bb7 in paragraph 7#b7-- 7,,aa7 in subparagraph 7,a71 by striking child pornography and inserting child sexual abuse material2 and 7,,bb7 in subparagraph 7,b71 by striking child pornography and inserting child sexual abuse material2 7cc7 in paragraph 7#c71 by striking child pornography and inserting child sexual abuse material2 7dd7 in paragraph 7#d7-- 7,,aa7 in subparagraph 7,a71 by striking child pornography and inserting child sexual abuse material2 and 7,,bb7 in subparagraph 7,b71 by striking child pornography and inserting child sexual abuse material2 7ee7 in paragraph 7#e7-- 7,,aa7 in subparagraph 7,a71 by striking an image of child pornography and inserting child sexual abuse material2 and 7,,bb7 in subparagraph 7,b71 by striking an image of child pornography and inserting child sexual abuse material2 and 7ff7 in paragraph 7#g7-- 7,,aa7 by striking child pornography and inserting child sexual abuse material2 and 7,,bb7 by striking the period at the end and inserting a comma2 7,,iii7 in subsection 7b7-- 7aa7 in paragraph 7#a71 by striking child pornography and inserting child sexual abuse material2 and 7bb7 in paragraph 7#b71 by striking child pornography each place the term appears and inserting child sexual abuse material2 and 7,,iv7 in subsection 7c7-- 7aa7 in paragraph 7#a77;,a71 by striking child pornography and inserting child sexual abuse material2 7bb7 in paragraph 7#b71 by striking child pornography and inserting child sexual abuse material2 and 7cc7 in the undesignated matter following paragraph 7#b71 by striking child pornography and inserting child sexual abuse material2 7,v7 in subsection 7d77#a71 by striking child pornography and inserting child sexual abuse material2 and 7,,vi7 in subsection 7e71 by striking child pornography each place the term appears and inserting child sexual abuse material2 7iv7 in section #bbef7h7-- 7,i7 by striking child pornography and inserting child sexual abuse material2 and 7,,ii7 by striking the period at the end and inserting a semicolon2 7v7 in section #bbeg;,a7h7-- 7,i7 in paragraph 7#a77;,a77iii71 by striking child pornography and inserting child sexual abuse material2 and 7,,ii7 in paragraph 7#b71 by striking child pornography and inserting child sexual abuse material2 7vi7 in section #bbeh;,a-- 7,i7 in subsection 7a77#b7-- 7aa7 in subparagraph 7,a71 by striking child pornography and inserting child sexual abuse material2 and 7bb7 in subparagraph 7,b71 by striking child pornography and inserting child sexual abuse material2 7,,ii7 in subsection 7b7-- 7aa7 in paragraph 7#d7-- 7,,aa7 in the paragraph heading1 by striking child pornography and inserting child sexual abuse material2 and 7,,bb7 by striking child pornography and inserting child sexual abuse material2 and 7bb7 in paragraph 7#e71 by striking child pornography and inserting child sexual abuse material2 and 7,,iii7 in subsection 7g77#b77;,b71 by striking child pornography and inserting child sexual abuse material2 7vii7 in section #bbeh;,c-- 7,i7 in the section heading1 by striking child pornography and inserting child sexual abuse material2 7,,ii7 in subsection 7a7-- 7aa7 in paragraph 7#b71 by striking child pornography and inserting child sexual abuse material2 and 7bb7 in paragraph 7#c71 by striking child pornography and inserting child sexual abuse material2 7,,iii7 in subsection 7d71 by striking child pornography visual depiction and inserting child sexual abuse material visual depiction2 and 7,,iv7 in subsection 7e71 by striking child pornography visual depiction and inserting child sexual abuse material visual depiction2 7viii7 in section #bbei-- 7,i7 in paragraph 7b77#b7-- 7aa7 in the paragraph heading1 by striking child pornography and inserting child sexual abuse material2 7bb7 in the matter preceding subparagraph 7,a71 by striking child pornography and inserting child sexual abuse material2 and 7cc7 in subparagraph 7,a71 by striking child pornography and inserting child sexual abuse material2 7,,ii7 in subsection 7c7-- 7aa7 in paragraph 7#a7-- 7,,aa7 in the paragraph heading1 by striking child pornography and inserting child sexual abuse material2 and 7,,bb7 by striking child pornography each place the term appears and inserting child sexual abuse material2 7bb7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking child pornography each place the term appears and inserting child sexual abuse material2 and 7cc7 in paragraph 7#c7-- 7,,aa7 in the paragraph heading1 by striking child pornography and inserting child sexual abuse material2 and 7,,bb7 by striking child pornography and inserting child sexual abuse material2 and 7,,iii7 in subsection 7d77#a7-- 7aa7 in subparagraph 7,a7-- 7,,aa7 by striking child pornography each place the term appears and inserting child sexual abuse material2 and 7,,bb7 by striking ,child ,pornography and inserting ,child ,sexual ,abuse ,material2 7bb7 in subparagraph 7,b71 by striking child pornography and inserting child sexual abuse material2 and 7cc7 in subparagraph 7,c7-- 7,,aa7 by striking child pornography and inserting child sexual abuse material2 and 7,,bb7 by striking ,child ,pornography and inserting ,child ,sexual ,abuse ,material2 7ix7 in section #bbei;,a-- 7,i7 in the section heading1 by striking child pornography and inserting child sexual abuse material2 7,,ii7 in subsection 7a7-- 7aa7 in paragraph 7#b71 by striking child pornography and inserting child sexual abuse material2 and 7bb7 in paragraph 7#c71 by striking child pornography and inserting child sexual abuse material2 and 7,,iii7 in subsection 7d77#b77;,b71 by striking child pornography and inserting child sexual abuse material2 and 7x7 in section #bbei;,b-- 7,i7 in the section heading1 by striking ,child pornography and inserting ,child sexual abuse material2 7,,ii7 in subsection 7a71 by striking ,child ,pornography each place the term appears and inserting ,child ,sexual ,abuse ,material2 7,,iii7 in subsection 7b71 by striking ,child ,pornography each place the term appears and inserting ,child ,sexual ,abuse ,material2 7,,iv7 in subsection 7c71 by striking ,child ,pornography and inserting ,child ,sexual ,abuse ,material2 and 7,v7 in subsection 7d71 by striking ,child ,pornography and inserting ,child ,sexual ,abuse ,material2 7,c7 in chapter #aag-- 7i7 in section #bdbc7;f77#c71 by striking child pornography and inserting child sexual abuse material2 and 7ii7 in section #bdbg-- 7,i7 in the section heading1 by striking child pornography and inserting child sexual abuse material2 and 7,,ii7 by striking child pornography and inserting child sexual abuse material2 7,d7 in section #beaf-- 7i7 in paragraph 7#a77;c71 by striking child pornography and inserting child sexual abuse material2 and 7ii7 in paragraph 7#b71 by striking child pornography and inserting child sexual abuse material2 7,e7 in section #cjad7;h77#c71 by striking child pornography and inserting child sexual abuse material2 7,f7 in section #ceji-- 7i7 in subsection 7a77#f71 by striking child pornography and inserting child sexual abuse material2 and 7ii7 in subsection 7m7-- 7,i7 in the subsection heading1 by striking ,child ,pornography and inserting ,child ,sexual ,abuse ,material2 7,,ii7 in paragraph 7#a71 by striking child pornography and inserting constitutes a child sexual abuse material2 7,,iii7 in paragraph 7#b71 by striking child pornography and inserting constitutes a child sexual abuse material2 and 7,,iv7 in paragraph 7#c71 by striking child pornography each place the term appears and inserting child sexual abuse material2 and 7,g7 in section #cfcb7;d77#d77;,d77xlii71 by striking child pornography and inserting child sexual abuse material4 7#h7 ,tariff act of #aicj ,section #ehc7;a77#b77;,b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aehc7;a77#b77;,b77 is amended by striking child pornography and inserting child sexual abuse material4 7#i7 ,elementary and secondary education act of #aife ,section #daba of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gaca7 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a77;,a77ii71 by striking child pornography and inserting child sexual abuse material2 and 7ii7 in paragraph 7#b77;,a77ii71 by striking child pornography and inserting child sexual abuse material2 and 7,b7 in subsection 7e77#e7-- 7i7 in the paragraph heading1 by striking ,child pornography and inserting ,child sexual abuse material2 and 7ii7 by striking child pornography and inserting child sexual abuse material4 7#aj7 ,museum and library services act ,section #bbd7;f7 of the ,museum and ,library ,services ,act 7#bj ,u4,s4,c4 #iacd7;f77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a77i77,,ii71 by striking child pornography and inserting child sexual abuse material2 and 7ii7 in subparagraph 7,b77i77,,ii71 by striking child pornography and inserting child sexual abuse material2 and 7,b7 in paragraph 7#g77;,a7-- 7i7 in the subparagraph heading1 by striking ,child pornography and inserting ,child sexual abuse material2 and 7ii7 by striking child pornography and inserting child sexual abuse material4 7#aa7 ,omnibus crime control and safe streets act of #aifh ,section #cjca7;b77#c7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajgba7;b77#c77 is amended by striking child pornography and inserting child sexual abuse material4 7#ab7 ,juvenile justice and delinquency prevention act of #aigd ,section #djd7;b77#a77,k7 of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#cd ,u4,s4,c4 #aabic7;b77#a77,k77 is amended-- 7,a7 in clause 7i77,i77aa71 by striking child pornography and inserting child sexual abuse material2 and 7,b7 in clause 7ii71 by striking child pornography and inserting child sexual abuse material4 7#ac7 ,victims of crime act of #aihd ,section #adjb7;d77#f77;,a7 of the ,victims of ,crime ,act of #aihd 7#cd ,u4,s4,c4 #bjaja7;d77#f77;,a77 is amended by striking ,child ,pornography and inserting ,child ,sexual ,abuse ,material4 7#ad7 ,victims of child abuse act of #aiij ,the ,victims of ,child ,abuse ,act of #aiij 7#cd ,u4,s4,c4 #bjcja et seq47 is amended-- 7,a7 in section #bab7d7 7#cd ,u4,s4,c4 #bjcjb7d771 by striking child pornography and inserting child sexual abuse material2 7,b7 in section #bad7;b7 7#cd ,u4,s4,c4 #bjcjd7;b77-- 7i7 in the subsection heading1 by striking ,child ,pornography and inserting ,child ,sexual ,abuse ,material2 and 7ii7 by striking child pornography and inserting child sexual abuse material2 and 7,c7 in section #bbf7;c77#f7 7#cd ,u4,s4,c4 #bjcda7;c77#f771 by striking child pornography and inserting child sexual abuse material4 7#ae7 ,sex offender registration and notification act ,section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#cd ,u4,s4,c4 #bjiaa7 is amended-- 7,a7 in paragraph 7#c77;,b77iii71 by striking child pornography and inserting child sexual abuse material2 and 7,b7 in paragraph 7#g77;,g71 by striking child pornography and inserting child sexual abuse material4 7#af7 ,adam walsh child protection and safety act of #bjjf ,section #adc7;b77#c7 of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#cd ,u4,s4,c4 #bjidb7;b77#c77 is amended by striking child pornography and inserting child sexual abuse material4 7#ag7 ,protect our children act of #bjjh ,section #aje7;e77#a77;,c7 of the ,,protect ,our ,children ,act of #bjjh 7#cd ,u4,s4,c4 #baaae7;e77#a77;,c77 is amended by striking child pornography and inserting child sexual abuse material4 7#ah7 ,social security act ,section #dga7;a77#bj77;,a77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fga7;a77#bj77;,a77i77 is amended by striking child pornography and inserting offenses involving child sexual abuse material4 7#ai7 ,privacy protection act of #aihj ,section #aja of the ,privacy ,protection ,act of #aihj 7#db ,u4,s4,c4 #bjjj;aa7 is amended-- 7,a7 in subsection 7a77#a71 by striking child pornography and inserting child sexual abuse material2 and 7,b7 in subsection 7b77#a71 by striking child pornography and inserting child sexual abuse material4 7#bj7 ,child care and development block grant act of #aiij ,section #feh;,h7c77#a7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;f7c77#a77 is amended-- 7,a7 in subparagraph 7,d77iii71 by striking child pornography and inserting offenses relating to child sexual abuse material2 and 7,b7 in subparagraph 7,e71 by striking child pornography and inserting child sexual abuse material4 7#ba7 ,communications act of #aicd ,title ,,ii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bja et seq47 is amended-- 7,a7 in section #bbc 7#dg ,u4,s4,c4 #bbc7-- 7i7 in subsection 7a77#a7-- 7,i7 in subparagraph 7,a71 in the undesignated matter following clause 7ii71 by striking child pornography and inserting which constitutes child sexual abuse material2 and 7,,ii7 in subparagraph 7,b71 in the undesignated matter following clause 7ii71 by striking child pornography and inserting which constitutes child sexual abuse material2 and 7ii7 in subsection 7d77#a71 in the undesignated matter following subparagraph 7,b71 by striking child pornography and inserting that constitutes child sexual abuse material2 and 7,b7 in section #bed7;h7 7#dg ,u4,s4,c4 #bed7;h77-- 7i7 in paragraph 7#e7-- 7,i7 in subparagraph 7,b77i77,,ii71 by striking child pornography and inserting child sexual abuse material2 and 7,,ii7 in subparagraph 7,c77i77,,ii71 by striking child pornography and inserting child sexual abuse material2 7ii7 in paragraph 7#f7-- 7,i7 in subparagraph 7,b77i77,,ii71 by striking child pornography and inserting child sexual abuse material2 and 7,,ii7 in subparagraph 7,c77i77,,ii7 by striking child pornography and inserting child sexual abuse material2 and 7iii7 in paragraph 7#g77;,f7-- 7,i7 in the subparagraph heading1 by striking ,child pornography and inserting ,child sexual abuse material2 and 7,,ii7 by striking child pornography and inserting child sexual abuse material4 7c7 ,table of sections amendments 7#a7 ,chapter #aaj of title #ah ,the table of sections for chapter #aaj of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by striking the item relating to section #bbeb;,a and inserting the following3 #bbeb;,a4 ,certain activities relating to material constituting or containing child sexual abuse material4 2 7,b7 by striking the item relating to section #bbeh;,c and inserting the following3 #bbeh;,c4 ,use to combat child sexual abuse material of technical elements relating to reports made to the ,cyber,tipline4 2 7,c7 by striking the item relating to section #bbei;,a and inserting the following3 #bbei;,a4 ,assessments in child sexual abuse material cases4 2 and 7,d7 by striking the item relating to section #bbei;,b and inserting the following3 #bbei;,b4 ,child sexual abuse materials victims reserve4 4 7#b7 ,chapter #aag of title #ah ,the table of sections for chapter #aag of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #bdbg and inserting the following3 #bdbg4 ,inclusion of offenses relating to child sexual abuse material in definition of sexual activity for which any person can be charged with a criminal offense4 4 #g4 ,modernizing the cybertipline 7a7 ,in general ,chapter #aaj of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #bbeh;,a-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a77;,b77ii71 by inserting after facts or circumstances the following3 1 including any available facts or circumstances sufficient to identify and locate each minor and each involved individual12 and 7ii7 in paragraph 7#b77;,a7-- 7,i7 by inserting #aeia 7if the violation involves a minor71 before #bbea12 and 7,,ii7 by striking or #bbfj and inserting #bbfj1 or #bdbb7;b72 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a7-- 7,i7 by inserting or location after identity2 and 7,,ii7 by striking other identifying information1 and inserting other information which may identify or locate the involved individual12 7ii7 by redesignating paragraphs 7#b7 through 7#e7 as paragraphs 7#c7 through 7#f71 respectively2 7iii7 by inserting after paragraph 7#a7 the following3 7#b7 ,information about the involved minor ,information relating to the identity or location of any involved minor1 which may1 to the extent reasonably practicable1 include the electronic mail address1 ,internet ,protocol address1 uniform resource locator1 or any other information which may identify or locate any involved minor1 including self-reported identifying information4 2 and 7iv7 by adding at the end the following3 7#g7 ,formatting of reports ,when in its discretion a provider voluntarily includes any content described in this subsection in a report to the ,cyber,tipline1 the provider shall use best efforts to ensure that the report conforms with the structure of the ,cyber,tipline4 2 and 7,c7 in subsection 7d77#e77;,b7-- 7i7 in clause 7i71 by striking forwarded and inserting made available2 and 7ii7 in clause 7ii71 by striking forwarded and inserting made available2 7#b7 in section #bbeh;,b-- 7,a7 in subsection 7a7-- 7i7 by striking arising from the performance and inserting the following3 1 may not be brought in any ,federal or ,state court if the claim or charge is directly attributable to-- 7#a7 the performance 2 7ii7 in paragraph 7#a71 as so designated1 by striking may not be brought in any ,federal or ,state court4 and inserting a semicolon2 and 7iii7 by adding at the end the following3 7#b7 transmitting1 distributing1 or mailing child sexual abuse material to any ,federal1 ,state1 or local law enforcement agency1 or giving such agency access to child sexual abuse material1 in response to a search warrant1 court order1 or other legal process issued by such agency2 or 7#c7 research voluntarily undertaken by the provider or domain name registrar using any material being preserved under section #bbeh;,a7h71 if the research is only for the purpose of-- 7,a7 improving or facilitating reporting under this section1 section #bbeh;,a1 or section #bbeh;,c2 or 7,b7 stopping the online sexual exploitation of children4 2 and 7,b7 in subsection 7b77#b77;,c7-- 7i7 by striking the performance of2 7ii7 by inserting described in or performed after function2 and 7iii7 by striking this section1 sections and inserting this section or section2 and 7#c7 in section #bbeh;,c-- 7,a7 in the section heading1 by striking the ,cyber,tipline and inserting ,,ncmec2 7,b7 in subsection 7a7-- 7i7 in paragraph 7#a7-- 7,i7 by striking ,,ncmec and inserting the following3 7,a7 ,provision to providers ,,ncmec 2 7,,ii7 in subparagraph 7,a71 as so designated1 by inserting or submission to the child victim identification program described in section #djd7;b77#a77,k77ii7 of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#cd ,u4,s4,c4 #aabic7;b77#a77,k77ii77 after ,cyber,tipline report2 and 7,,iii7 by adding at the end the following3 7,b7 ,provision to non-profit entities ,,ncmec may provide hash values or similar technical identifiers associated with visual depictions provided in a ,cyber,tipline report or submission to the child victim identification program described in section #djd7;b77#a77,k77ii7 of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#cd ,u4,s4,c4 #aabic7;b77#a77,k77ii77 to a non-profit entity for the sole and exclusive purpose of preventing and curtailing the online sexual exploitation of children4 2 and 7ii7 in paragraph 7#b7-- 7,i7 by inserting 7,a7 after 7#a72 7,,ii7 by inserting or submission to the child victim identification program described in section #djd7;b77#a77,k77ii7 of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#cd ,u4,s4,c4 #aabic7;b77#a77,k77ii77 after ,cyber,tipline report2 and 7,,iii7 by adding at the end the following3 ,the elements authorized under paragraph 7#a77;,b7 shall be limited to hash values or similar technical identifiers associated with visual depictions provided in a ,cyber,tipline report or submission to the child victim identification program described in section #djd7;b77#a77,k77ii7 of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#cd ,u4,s4,c4 #aabic7;b77#a77,k77ii7742 and 7,c7 in subsection 7d71 by inserting or to the child victim identification program described in section #djd7;b77#a77,k77ii7 of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#cd ,u4,s4,c4 #aabic7;b77#a77,k77ii77 after ,cyber,tipline4 7b7 ,technical and conforming amendment ,the table of sections for chapter #aaj of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #bbeh;,c 7as amended by section #f7;c77#a77;,b7 of this ,act7 and inserting the following3 #bbeh;,c4 ,use to combat child sexual abuse material of technical elements relating to reports made to ,,ncmec4 4 #h4 ,eliminating network distribution of child exploitation ,section #bbeh;,a7h7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking #ij days and inserting #ahj days2 and 7#b7 by adding at the end the following3 7#e7 ,extension of preservation ,a provider of a report to the ,cyber,tipline may voluntarily preserve the contents provided in the report 7including any comingled content described in paragraph 7#b77 for longer than #ahj days after the submission to the ,cyber,tipline for the purpose of reducing the proliferation of online child sexual exploitation or preventing the online sexual exploitation of children4 4 #i4 ,it solutions relating to combating online child exploitation ,title ,,iv of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#cd ,u4,s4,c4 #aabia et seq47 is amended-- 7#a7 by redesignating section #dji 7#cd ,u4,s4,c4 #aabig7 as section #daj2 and 7#b7 by inserting after section #djh 7#cd ,u4,s4,c4 #aabif7 the following3 #dji4 ,it solutions relating to combating online child exploitation 7a7 ,development of ,,it solutions ,the ,administrator shall enable the development of information technology solutions and the creation and acquisition of innovative tools to implement updates1 improvements1 and modernization needed to enhance efforts to combat online child exploitation in order to ensure that consistent1 actionable information is provided to law enforcement agencies1 including ,internet ,crimes ,against ,children 7commonly known as ,,icac7 task forces4 7b7 ,consultation with partners ,in developing the information technology solutions under subsection 7a71 the ,administrator shall solicit input from all partners in the effort to combat online child exploitation1 including the ,center1 ,,icac task forces1 the ,federal ,bureau of ,investigation1 the ,department of ,homeland ,security1 ,u4,s4 ,immigration and ,customs ,enforcement1 ,homeland ,security ,investigations1 and the ,united ,states ,marshals ,service4 7c7 ,funding ,each fiscal year1 the ,administrator shall carry out this section using not less than #a1jjj1jjj of the amounts made available to carry out this title for that fiscal year4 4 #aj4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this ,act4 #aa4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or any application of such provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of the provisions of this ,act and the amendments made by this ,act1 and the application of the provision or amendment to any other person or circumstance1 shall not be affected4