,,ii #aafth ,,congress #b;d ,session ,s4 #ccih ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #e1 #bjbj,mr4 ,graham 7for himself1 ,mr4 ,blumenthal1 ,mr4 ,cramer1 ,mrs4 ,feinstein1 ,mr4 ,hawley1 ,mr4 ,jones1 ,mr4 ,casey1 ,mr4 ,whitehouse1 ,mr4 ,durbin1 and ,ms4 ,ernst7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,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 constitutional law1 consumer protection1 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 registered 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 registered 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 the transmission and storage of information on behalf 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 services 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 child sexual exploitation2 7,b7 coordinating with non-profit organizations and other providers of interactive computer services to preserve1 remove from view1 and report child sexual exploitation2 7,c7 retaining child sexual exploitation content and related user identification and location data2 7,d7 receiving and triaging reports of 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 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 child sexual exploitation2 7,i7 employing age rating and age gating systems to reduce 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 7#f7 ,resubmission after denial or failure to approve 7,a7 ,in general ,if1 with respect to recommended best practices submitted under paragraph 7#a71 the best practices are denied under subsection 7b77#a77;,a7 or a bill that contains the best practices is not enacted under the expedited procedures under subsection 7c71 the ,commission may resubmit recommended best practices to the ,attorney ,general until the applicable deadline4 7,b7 ,applicable deadline 7i7 ,initial best practices ,for purposes of subparagraph 7,a71 in the case of resubmission of initial recommended best practices that were submitted under paragraph 7#a7 before any bill that contains best practices has been enacted under the expedited procedures under subsection 7c71 the applicable deadline is the later of-- 7,i7 the deadline described in paragraph 7#a77;,a7 of this subsection2 or 7,,ii7 the date that is #fj days after1 as applicable-- 7aa7 the date of the denial2 or 7bb7 the last day on which a bill containing the best practices could have been enacted under the expedited procedures under subsection 7c74 7ii7 ,updated best practices ,for purposes of subparagraph 7,a71 in the case of resubmission of updated recommended best practices that were submitted under paragraph 7#a7 in accordance with paragraph 7#e71 the applicable deadline is the later of-- 7,i7 the deadline described in paragraph 7#e72 or 7,,ii7 the date that is #fj days after1 as applicable-- 7aa7 the date of the denial2 or 7bb7 the last day on which a bill containing the best practices could have been enacted under the expedited procedures under subsection 7c74 7b7 ,publication of best practices 7#a7 ,in general ,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 ,general1 upon agreement with the ,secretary of ,homeland ,security and the ,chairman of the ,federal ,trade ,commission1 shall-- 7,a7 approve or deny the recommended best practices2 and 7,b7 if approved-- 7i7 publish the recommended best practices on the website of the ,department of ,justice and in the ,federal ,register2 and 7ii7 submit the recommended best practices to ,congress1 including to-- 7,i7 the ,committee on the ,judiciary and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,,ii7 the ,committee on the ,judiciary and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#b7 ,considerations ,in determining whether to approve or deny recommended best practices under paragraph 7#a71 the ,attorney ,general shall consider-- 7,a7 the purpose of the ,commission1 as set forth in section #c7;b72 and 7,b7 the relevant considerations set forth in subsection 7a77#d7 of this section4 7#c7 ,written findings ,any denial of the recommended best practices by the ,attorney ,general under paragraph 7#a7 shall be accompanied by public written findings setting forth the basis for1 and reasons supporting1 the denial4 7c7 ,congressional approval 7#a7 ,definition ,in this subsection1 the term covered bill means a bill that-- 7,a7 contains only the recommended best practices that have been submitted to ,congress under subsection 7b71 in their entirety2 and 7,b7 is introduced under paragraph 7#c7 of this subsection4 7#b7 ,rules of ,house of ,representatives and ,senate ,this subsection is enacted by ,congress-- 7,a7 as an exercise of the rulemaking power of the ,senate and the ,house of ,representatives1 respectively1 and as such is deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of a covered bill1 and it supersedes other rules only to the extent that it is inconsistent with such rules2 and 7,b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 in the same manner1 and to the same extent1 as in the case of any other rule of that ,house4 7#c7 ,introduction 7,a7 ,in general ,on the day on which recommended best practices are submitted to ,congress under subsection 7b71 a covered bill containing those best practices shall be introduced-- 7i7 in the ,senate by-- 7,i7 the majority leader of the ,senate1 for himself or herself and the minority leader of the ,senate2 or 7,,ii7 ,members of the ,senate designated by the majority leader and minority leader of the ,senate2 and 7ii7 in the ,house of ,representatives by-- 7,i7 the majority leader of the ,house of ,representatives1 for himself or herself and the minority leader of the ,house of the ,house of ,representatives2 or 7,,ii7 ,members of the ,house of ,representatives designated by the majority leader and minority leader of the ,house of the ,house of ,representatives4 7,b7 ,not in session ,if either ,house is not in session on the day on which recommended best practices are submitted to ,congress under subsection 7b71 a covered bill containing the best practices shall be introduced in that ,house1 as provided in subparagraph 7,a71 on the first day thereafter on which that ,house is in session4 7,c7 ,referral ,a covered bill introduced under this paragraph shall be referred by the ,presiding ,officers of the respective ,houses to the appropriate committee1 or1 in the case of a bill containing provisions within the jurisdiction of #b or more committees1 jointly to such committees for consideration of those provisions within their respective jurisdictions4 7#d7 ,fast track consideration in ,house of ,representatives 7,a7 ,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 #de calendar days after the date of introduction under paragraph 7#c74 ,if a committee fails to report the covered bill within that period1 the committee shall be discharged from further consideration of the covered bill and the covered bill shall be referred to the appropriate calendar4 7,b7 ,proceeding to consideration ,after each committee authorized to consider a covered bill reports it to the ,house or has been discharged from its consideration1 it shall be in order1 not later than #fj calendar days after the date of introduction under paragraph 7#c71 to move to proceed to consider the covered bill in the ,house4 ,all points of order against the motion are waived4 ,such a motion shall not be in order after the ,house has disposed of a motion to proceed on the covered bill4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion4 ,the motion shall not be debatable4 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7,c7 ,consideration ,the covered bill shall be considered as read4 ,all points of order against the covered bill and against its consideration are waived4 ,the previous question shall be considered as ordered on the covered bill to its passage without intervening motion except #aj hours of debate equally divided and controlled by the proponent and an opponent4 ,a motion to reconsider the vote on passage of the covered bill shall not be in order4 7#e7 ,fast track consideration in ,senate 7,a7 ,reporting and discharge ,any committee of the ,senate to which a covered bill is referred shall report it to the ,senate not later than #de calendar days after the date of introduction under paragraph 7#c74 ,if a committee fails to report the covered bill within that period1 the committee shall be discharged from further consideration of the covered bill and the covered bill shall be referred to the appropriate calendar4 7,b7 ,placement on calendar ,after each committee authorized to consider a covered bill reports it to the ,senate or has been discharged from its consideration1 it shall be in order1 not later than #fj calendar days after the date of introduction under paragraph 7#c7 of this subsection1 to place the covered bill on the calendar4 7,c7 ,floor consideration 7i7 ,in general ,notwithstanding ,rule ,,xxii of the ,standing ,rules of the ,senate1 it is in order at any time during the period beginning on the #fjth day after the date on which the covered bill was introduced under paragraph 7#c7 and ending on the #feth day after the date on which the covered bill was introduced under that paragraph 7even though a previous motion to the same effect has been disagreed to7 to move to proceed to the consideration of the covered bill1 and all points of order against the covered bill 7and against consideration of the covered bill7 are waived4 ,the motion to proceed is not debatable4 ,the motion is not subject to a motion to postpone4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the covered bill is agreed to1 the covered bill shall remain the unfinished business until disposed of4 7ii7 ,debate ,debate on the covered bill1 and on all debatable motions and appeals in connection therewith1 shall be limited to not more than #aj hours1 which shall be divided equally between the majority and minority leaders or their designees4 ,a motion further to limit debate is in order and not debatable4 ,an amendment to1 or a motion to postpone1 or a motion to proceed to the consideration of other business1 or a motion to recommit the covered bill is not in order4 7iii7 ,vote on passage ,the vote on passage shall occur immediately following the conclusion of the debate on a covered bill1 and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the ,senate4 7iv7 ,rulings of the chair on procedure ,appeals from the decisions of the ,chair relating to the application of the rules of the ,senate1 as the case may be1 to the procedure relating to a covered bill shall be decided without debate4 7#f7 ,rules relating to ,senate and ,house of ,representatives 7,a7 ,coordination with action by other ,house ,if1 before the passage by one ,house of a covered bill of that ,house1 that ,house receives from the other ,house a covered bill1 then the following procedures shall apply3 7i7 ,the covered bill of the other ,house shall not be referred to a committee4 7ii7 ,with respect to a covered bill of the ,house receiving the bill-- 7,i7 the procedure in that ,house shall be the same as if no covered bill had been received from the other ,house2 but 7,,ii7 the vote on passage shall be on the covered bill of the other ,house4 7,b7 ,treatment of covered bill of other ,house ,if one ,house fails to introduce or consider a covered bill under this section1 the covered bill of the other ,house shall be entitled to expedited floor procedures under this section4 7,c7 ,treatment of companion measures ,if1 following passage of the covered bill in the ,senate1 the ,senate then receives the companion measure from the ,house of ,representatives1 the companion measure shall not be debatable4 7d7 ,certification of best practices ,not later than #a year after the date on which a bill that contains recommended best practices submitted to ,congress under subsection 7b7 is enacted under the expedited procedures under subsection 7c71 and annually thereafter1 an officer of a provider of an interactive computer service may submit a written certification to the ,attorney ,general stating that the provider-- 7#a7 has conducted a thorough review of the implementation and operation of the best practices2 and 7#b7 has a reasonable basis to conclude that review does not reveal any material non-compliance with the requirements of the best practices4 7e7 ,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 7d74 7f7 ,civil investigative demands 7#a7 ,issuance2 service2 production of material2 testimony 7,a7 ,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 7d71 the ,attorney ,general may issue in writing1 and cause to be served upon the provider1 a civil investigative demand requiring the provider to-- 7i7 produce any documentary material relevant to such certification for inspection and copying2 7ii7 answer in writing written interrogatories with respect to such documentary material2 7iii7 give oral testimony concerning such documentary material2 or 7iv7 furnish any combination of such material1 answers1 or testimony4 7,b7 ,service ,if a civil investigative demand issued under subparagraph 7,a7 is an express demand for any product of discovery1 the ,attorney ,general shall-- 7i7 cause to be served1 in any manner authorized under section #cgcc of title #ca1 ,united ,states ,code1 a copy of the demand upon the person from whom the discovery was obtained2 and 7ii7 notify the person to whom the demand is issued of the date on which the copy was served4 7#b7 ,contents2 return date for demand for product of discovery 7,a7 ,in general ,each civil investigative demand issued under paragraph 7#a7 shall-- 7i7 state the nature of the ,attorney ,general's belief that a false certification has been filed under subsection 7d72 7ii7 if the demand is for production of documentary material-- 7,i7 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 identified2 7,,ii7 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 copying2 and 7,,iii7 identify the custodian to whom the material shall be made available2 7iii7 if the demand is for answers to written interrogatories-- 7,i7 propound with definiteness and certainty the written interrogatories to be answered2 7,,ii7 prescribe a date or dates at which time answers to written interrogatories shall be submitted2 and 7,,iii7 identify the custodian to whom the answers shall be submitted2 and 7iv7 if the demand is for the giving of oral testimony-- 7,i7 prescribe a date1 time1 and place at which oral testimony shall be commenced2 and 7,,ii7 identify-- 7aa7 an investigator who shall conduct the examination2 and 7bb7 the custodian to whom the transcript of the examination shall be submitted4 7,b7 ,return date for product of discovery ,any civil investigative demand issued under paragraph 7#a7 that is an express demand for any product of discovery shall not be returned or returnable until #bj days after a copy of the demand has been served upon the person from whom the discovery was obtained4 7#c7 ,applicability of other provisions 7,a7 ,in general ,subject to subparagraph 7,b71 subsections 7b7 through 7l7 of section #cgcc of title #ca1 ,united ,states ,code1 shall apply with respect to a civil investigative demand issued under paragraph 7#a7 of this subsection in the same manner as those subsections apply to a civil investigative demand issued under subsection 7a7 of such section #cgcc4 7,b7 ,false claims references ,for purposes of subparagraph 7,a71 a reference in section #cgcc of title #ca1 ,united ,states ,code1 to-- 7i7 a violation of a false claims law shall be deemed to be a reference to the filing of a false certification under subsection 7d7 of this section2 7ii7 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 7d7 of this section2 and 7iii7 a false claims law investigator shall be deemed to be a reference to-- 7,i7 any attorney or investigator employed by the ,department of ,justice who is charged with the duty of enforcing or carrying into effect this section2 or 7,,ii7 any officer or employee of the ,united ,states acting under the direction and supervision of an attorney or investigator described in subclause 7,i7 in connection with an inquiry into whether any person is or has been engaged in filing a false certification under subsection 7d7 of this section4 #e4 ,enforcement 7a7 ,offense ,it shall be unlawful for an officer of a provider of an interactive computer service to knowingly submit a written certification under section #d7;d7 that contains a false statement4 7b7 ,criminal penalties ,any person who violates subsection 7a7 shall be fined in accordance with title #ah1 ,united ,states ,code1 imprisoned for not more than #b years1 or both4 #f4 ,earning immunity 7a7 ,in general ,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 7,a7 ,liability of providers of interactive computer service ,nothing in this section 7other than subsection 7c77#b77;,a77 shall be construed to impair or limit-- 7i7 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-- 7,i7 constitutes a violation of section #bbeb or section #bbeb;,a of that title2 or 7,,ii7 is considered a violation of section #bbeb or section #bbeb;,a of that title by operation of subsection 7a77#b7 of such section #bbee2 7ii7 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 #bbeb or section #bbeb;,a of title #ah1 ,united ,states ,code2 or 7iii7 any claim in a civil action brought against a provider of an interactive computer service under ,state law if the conduct underlying the claim-- 7,i7 would constitute a violation of section #bbeb or section #bbeb;,a of title #ah1 ,united ,states ,code2 or 7,,ii7 would be considered a violation of section #bbeb or section #bbeb;,a of title #ah1 ,united ,states ,code1 for purposes of subsection 7a77#a7 of section #bbee of that title1 by operation of subsection 7a77#b7 of such section #bbee4 7,b7 ,safe harbor ,subparagraph 7,a7 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-- 7i7 an officer of the provider has elected to certify to the ,attorney ,general under section #d7;d7 of the ,eliminating ,abusive and ,rampant ,neglect of ,interactive ,technologies ,act of #bjbj that the provider has implemented1 and is in compliance with1 the child sexual exploitation prevention best practices contained in a law enacted under the expedited procedures under section #d7;c7 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 provider2 or 7ii7 the provider has implemented reasonable measures relating to the matters described in section #d7;a77#c7 of the ,eliminating ,abusive and ,rampant ,neglect of ,interactive ,technologies ,act of #bjbj1 subject to the exceptions authorized under section #d7;a77#a77;,b77ii7 of that ,act1 to prevent the use of the interactive computer service for the exploitation of minors4 4 7b7 ,mens rea for civil suits ,section #bbee of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7a7 as paragraph 7#a7 and adjusting the margin accordingly2 7#b7 by inserting before paragraph 7#a71 as so designated1 the following3 7a7 ,right of action 2 and 7#c7 in subsection 7a71 as so designated1 by adding at the end the following3 7#b7 ,civil remedy for certain activities relating to material involving the sexual exploitation of minors ,conduct by a provider of an interactive computer service 7as defined in section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj77 that would violate section #bbeb or section #bbeb;,a if that section were applied by substituting recklessly for knowingly each place that term appears shall be considered a violation of section #bbeb or section #bbeb;,a for purposes of paragraph 7#a7 of this subsection4 4 7c7 ,effective date ,the amendments made by this section shall-- 7#a7 take effect on the earlier of-- 7,a7 the date that is #a year after the date on which a bill that contains best practices submitted under section #d7;b7 is enacted under the expedited procedures under section #d7;c72 or 7,b7 the date that is #d years after the date of enactment of this ,act2 and 7#b7 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 7#a74 #g4 ,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#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 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 reserve 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 #h4 ,modernizing the ,cyber,tipline ,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;,b7a7-- 7,a7 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 arises from-- 7#a7 the performance 2 7,b7 in paragraph 7#a71 as so designated1 by striking may not be brought in any ,federal or ,state court4 and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#b7 compliance with a search warrant1 court order1 or other legal process2 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#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 #i4 ,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 search1 screen1 or scan for instances of online child sexual exploitation4 #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