H.R. 5182 — Introduced in House

I 118th CONGRESS 1st Session H. R. 5182 IN THE HOUSE OF REPRESENTATIVES August 8, 2023Mrs. Wagner (for herself, Ms. Garcia of Texas, Mr. Nunn of Iowa, Mr. Hunt, Mr. Donalds, Ms. Salazar, Mr. Moore of Utah, Mr. Bacon, and Mr. Alford) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To modernize online child protection laws. 1. Short title This Act may be cited as the Child Online Safety Modernization Act of 2023. 2. Modernizing the Cybertipline (a) In general Chapter 110 of title 18, United States Code, is amended— (1) in section 2258A, as amended by section 6(b) of this Act— (A) in subsection (a)— (i) in paragraph (1)(B)(ii), by inserting after facts or circumstances the following: , including any available facts or circumstances sufficient to identify and locate each minor and each involved individual,; and (ii) in paragraph (2)(A)— (I) by inserting 1591 (if the violation involves a minor), before 2251,; and (II) by striking or 2260 and inserting 2260, or 2422(b); (B) in subsection (b)— (i) in paragraph (1)— (I) by inserting or location after identity; and (II) by striking other identifying information, and inserting other information which may identify or locate the involved individual,; (ii) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; (iii) by inserting after paragraph (1) the following: (2) Information about the involved minor Information relating to the identity or location of any involved minor, which may, to the extent reasonably practicable, include the electronic mail address, Internet Protocol address, uniform resource locator, or any other information which may identify or locate any involved minor, including self-reported identifying information. ; and (iv) by adding at the end the following: (7) Formatting of reports When in its discretion a provider voluntarily includes any content described in this subsection in a report to the CyberTipline, the provider shall use best efforts to ensure that the report conforms with the structure of the CyberTipline. ; and (C) in subsection (d)(5)(B)— (i) in clause (i), by striking forwarded and inserting made available; and (ii) in clause (ii), by striking forwarded and inserting made available; (2) in section 2258B— (A) in subsection (a)— (i) by striking arising from the performance and inserting the following: , may not be brought in any Federal or State court if the claim or charge is directly attributable to— (1) the performance ; (ii) in paragraph (1), as so designated, by striking may not be brought in any Federal or State court. and inserting a semicolon; and (iii) by adding at the end the following: (2) transmitting, distributing, or mailing child sexual abuse material to any Federal, State, or local law enforcement agency, or giving such agency access to child sexual abuse material, in response to a search warrant, court order, or other legal process issued by such agency; or (3) research voluntarily undertaken by the provider or domain name registrar using any material being preserved under section 2258A(h), if the research is only for the purpose of— (A) improving or facilitating reporting under this section, section 2258A, or section 2258C; or (B) stopping the online sexual exploitation of children. ; and (B) in subsection (b)(2)(C)— (i) by striking the performance of; (ii) by inserting described in or performed after function; and (iii) by striking this section, sections and inserting this section or section; and (3) in section 2258C, as amended by section 6(b) of this Act— (A) in the section heading, by striking the CyberTipline and inserting NCMEC; (B) in subsection (a)— (i) in paragraph (1)— (I) by striking NCMEC and inserting the following: (A) Provision to providers NCMEC ; (II) in subparagraph (A), as so designated, by inserting or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)(ii)) after CyberTipline report; and (III) by adding at the end the following: (B) Provision to non-profit entities NCMEC may provide hash values or similar technical identifiers associated with visual depictions provided in a CyberTipline report or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)(ii)) to a non-profit entity for the sole and exclusive purpose of preventing and curtailing the online sexual exploitation of children. ; and (ii) in paragraph (2)— (I) by inserting (A) after (1); (II) by inserting or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)(ii)) after CyberTipline report; and (III) by adding at the end the following: The elements authorized under paragraph (1)(B) shall be limited to hash values or similar technical identifiers associated with visual depictions provided in a CyberTipline report or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)(ii)).; and (C) in subsection (d), by inserting or to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)(ii)) after CyberTipline. (b) Technical and conforming amendment The table of sections for chapter 110 of title 18, United States Code, is amended by striking the item relating to section 2258C (as amended by section 6(c)(1)(B) of this Act) and inserting the following: “2258C. Use of technical elements from reports made to NCMEC to combat child sexual abuse material.”. 3. Eliminating network distribution of child exploitation Section 2258A(h) of title 18, United States Code, is amended— (1) in paragraph (1), by striking 90 days and inserting 1 year; and (2) by adding at the end the following: (5) Extension of preservation A provider of a report to the CyberTipline may voluntarily preserve the contents provided in the report (including any comingled content described in paragraph (2)) for longer than 1 year after the submission to the CyberTipline for the purpose of reducing the proliferation of online child sexual exploitation or preventing the online sexual exploitation of children. . 4. Use of term child sexual abuse material (a) Sense of Congress It is the sense of Congress that the term child sexual abuse material has the same legal meaning as the term child pornography, as that term was used in Federal statutes and case law before the date of enactment of this Act. (b) Amendments (1) Title 5, United States Code Chapter 65 of title 5, United States Code, is amended— (A) in section 6502(a)(2)(B), by striking child pornography and inserting child sexual abuse material; and (B) in section 6504(c)(2)(F), by striking child pornography and inserting child sexual abuse material. (2) Homeland Security Act of 2002 The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended— (A) in section 307(b)(3)(D) (6 U.S.C. 187(b)(3)(D)), by striking child pornography and inserting child sexual abuse material; and (B) in section 890A (6 U.S.C. 473)— (i) in subsection (b)(2)(A)(ii), by striking child pornography and inserting child sexual abuse material; and (ii) in subsection (e)(3)(B)(ii), by striking child pornography and inserting child sexual abuse material. (3) Immigration and Nationality Act Section 101(a)(43)(I) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(I)) is amended by striking child pornography and inserting child sexual abuse material. (4) Small Business Jobs Act of 2010 Section 3011(c) of the Small Business Jobs Act of 2010 (12 U.S.C. 5710(c)) is amended by striking child pornography and inserting child sexual abuse material. (5) Broadband Data Improvement Act Section 214(a)(2) of the Broadband Data Improvement Act (15 U.S.C. 6554(a)(2)) is amended by striking child pornography and inserting child sexual abuse material. (6) CAN–SPAM Act of 2003 Section 4(b)(2)(B) of the CAN–SPAM Act of 2003 (15 U.S.C. 7703(b)(2)(B)) is amended by striking child pornography and inserting child sexual abuse material. (7) Title 18, United States Code Title 18, United States Code, is amended— (A) in section 1956(c)(7)(D), by striking child pornography each place the term appears and inserting child sexual abuse material; (B) in chapter 110— (i) in section 2251(e), by striking child pornography and inserting child sexual abuse material; (ii) in section 2252(b)— (I) in paragraph (1), by striking child pornography and inserting child sexual abuse material; and (II) in paragraph (2), by striking child pornography and inserting child sexual abuse material; (iii) in section 2252A— (I) in the section heading, by striking material constituting or containing child pornography and inserting child sexual abuse material; (II) in subsection (a)— (aa) in paragraph (1), by striking child pornography and inserting child sexual abuse material; (bb) in paragraph (2)— (AA) in subparagraph (A), by striking child pornography and inserting child sexual abuse material; and (BB) in subparagraph (B), by striking material that contains child pornography and inserting child sexual abuse material; (cc) in paragraph (3)(A), by striking child pornography and inserting child sexual abuse material; (dd) in paragraph (4)— (AA) in subparagraph (A), by striking child pornography and inserting child sexual abuse material; and (BB) in subparagraph (B), by striking child pornography and inserting child sexual abuse material; (ee) in paragraph (5)— (AA) in subparagraph (A), by striking material that contains an image of child pornography and inserting item containing child sexual abuse material; and (BB) in subparagraph (B), by striking material that contains an image of child pornography and inserting item containing child sexual abuse material; and (ff) in paragraph (7)— (AA) by striking child pornography and inserting child sexual abuse material; and (BB) by striking the period at the end and inserting a comma; (III) in subsection (b)— (aa) in paragraph (1), by striking child pornography and inserting child sexual abuse material; and (bb) in paragraph (2), by striking child pornography each place the term appears and inserting child sexual abuse material; (IV) in subsection (c)— (aa) in paragraph (1)(A), by striking child pornography and inserting child sexual abuse material; (bb) in paragraph (2), by striking child pornography and inserting child sexual abuse material; and (cc) in the undesignated matter following paragraph (2), by striking child pornography and inserting child sexual abuse material; (V) in subsection (d)(1), by striking child pornography and inserting child sexual abuse material; and (VI) in subsection (e), by striking child pornography each place the term appears and inserting child sexual abuse material; (iv) in section 2256(8)— (I) by striking child pornography and inserting child sexual abuse material; and (II) by striking the period at the end and inserting a semicolon; (v) in section 2257A(h)— (I) in paragraph (1)(A)(iii)— (aa) by inserting a comma after marketed; (bb) by striking such than and inserting such that; and (cc) by striking a visual depiction that is child pornography and inserting child sexual abuse material; and (II) in paragraph (2), by striking any visual depiction that is child pornography and inserting child sexual abuse material; (vi) in section 2258A— (I) in subsection (a)(2)— (aa) in subparagraph (A), by striking child pornography and inserting child sexual abuse material; and (bb) in subparagraph (B), by striking child pornography and inserting child sexual abuse material; (II) in subsection (b)— (aa) in paragraph (4)— (AA) in the paragraph heading, by striking Visual depictions of apparent child pornography and inserting Apparent child sexual abuse material; and (BB) by striking visual depiction of apparent child pornography and inserting apparent child sexual abuse material; and (bb) in paragraph (5), by striking visual depiction of apparent child pornography and inserting apparent child sexual abuse material; and (III) in subsection (g)(2)(B), by striking visual depictions of apparent child pornography and inserting apparent child sexual abuse material; (vii) in section 2258C— (I) in the section heading, by striking Use to combat child pornography of technical elements relating to reports made to the CyberTipline and inserting Use of technical elements from reports made to the CyberTipline to combat child sexual abuse material; (II) in subsection (a)— (aa) in paragraph (2), by striking child pornography and inserting child sexual abuse material; and (bb) in paragraph (3), by striking the actual visual depictions of apparent child pornography and inserting any apparent child sexual abuse material; (III) in subsection (d), by striking child pornography visual depiction and inserting child sexual abuse material visual depiction; and (IV) in subsection (e), by striking child pornography visual depiction and inserting child sexual abuse material visual depiction; (viii) in section 2259— (I) in paragraph (b)(2)— (aa) in the paragraph heading, by striking child pornography and inserting child sexual abuse material; (bb) in the matter preceding subparagraph (A), by striking child pornography and inserting child sexual abuse material; and (cc) in subparagraph (A), by striking child pornography and inserting child sexual abuse material; (II) in subsection (c)— (aa) in paragraph (1)— (AA) in the paragraph heading, by striking Child pornography production and inserting Production of child sexual abuse material; (BB) by striking child pornography production and inserting production of child sexual abuse material; and (CC) by striking production of child pornography and inserting production of child sexual abuse material; (bb) in paragraph (2), in the matter preceding subparagraph (A), by striking trafficking in child pornography offenses each place the term appears and inserting offenses for trafficking in child sexual abuse material; and (cc) in paragraph (3)— (AA) in the paragraph heading, by striking child pornography and inserting child sexual abuse material; and (BB) by striking child pornography and inserting child sexual abuse material; and (III) in subsection (d)(1)— (aa) in subparagraph (A)— (AA) by striking child pornography each place the term appears and inserting child sexual abuse material; and (BB) by striking Child Pornography Victims Reserve and inserting Reserve for Victims of Child Sexual Abuse Material; (bb) in subparagraph (B), by striking child pornography and inserting child sexual abuse material; and (cc) in subparagraph (C)— (AA) by striking child pornography and inserting child sexual abuse material; and (BB) by striking Child Pornography Victims Reserve and inserting Reserve for Victims of Child Sexual Abuse Material; (ix) in section 2259A— (I) in the section heading, by striking child pornography cases and inserting cases involving child sexual abuse material; (II) in subsection (a)— (aa) in paragraph (2), by striking child pornography and inserting child sexual abuse material; and (bb) in paragraph (3), by striking a child pornography production offense and inserting an offense for production of child sexual abuse material; and (III) in subsection (d)(2)(B), by striking child pornography production or trafficking offense that the defendant committed and inserting offense for production of child sexual abuse material or trafficking in child sexual abuse material committed by the defendant; and (x) in section 2259B— (I) in the section heading, by striking Child pornography victims reserve and inserting Reserve for child sexual abuse material; (II) in subsection (a), by striking Child Pornography Victims Reserve each place the term appears and inserting Reserve for Victims of Child Sexual Abuse Material; (III) in subsection (b), by striking Child Pornography Victims Reserve each place the term appears and inserting Reserve for Victims of Child Sexual Abuse Material; and (IV) in subsection (c), by striking Child Pornography Victims Reserve and inserting Reserve for Victims of Child Sexual Abuse Material; (C) in chapter 117— (i) in section 2423(f)(3), by striking child pornography and inserting child sexual abuse material; and (ii) in section 2427— (I) in the section heading, by striking child pornography and inserting child sexual abuse material; and (II) by striking child pornography and inserting child sexual abuse material; (D) in section 2516— (i) in paragraph (1)(c), by striking material constituting or containing child pornography and inserting child sexual abuse material; and (ii) in paragraph (2), by striking child pornography production and inserting production of child sexual abuse material; (E) in section 3014(h)(3), by striking child pornography victims and inserting victims of child sexual abuse material; (F) in section 3509— (i) in subsection (a)(6), by striking child pornography and inserting child sexual abuse material; and (ii) in subsection (m)— (I) in the subsection heading, by striking Child Pornography and inserting Child Sexual Abuse Material; (II) in paragraph (1), by striking property or material that constitutes child pornography (as defined by section 2256 of this title) and inserting child sexual abuse material (as defined by section 2256 of this title), or property or items containing such material,; (III) in paragraph (2)— (aa) in subparagraph (A)— (AA) by striking property or material that constitutes child pornography (as defined by section 2256 of this title) and inserting child sexual abuse material (as defined by section 2256 of this title), or property or items containing such material,; and (BB) by striking the property or material and inserting the child sexual abuse material, property, or items; and (bb) in subparagraph (B), by striking property or material each place the term appears and inserting child sexual abuse material, property, or items; and (IV) in paragraph (3)— (aa) by striking property or material that constitutes child pornography, as defined under section 2256(8) and inserting child sexual abuse material (as defined by section 2256 of this title); (bb) by striking such child pornography and inserting such child sexual abuse material; and (cc) by striking Such property or material and inserting Such child sexual abuse material; and (G) in section 3632(d)(4)(D)(xlii), by striking material constituting or containing child pornography and inserting child sexual abuse material. (8) Tariff Act of 1930 Section 583(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 1583(a)(2)(B)) is amended by striking child pornography and inserting child sexual abuse material. (9) Elementary and Secondary Education Act of 1965 Section 4121 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7131) is amended— (A) in subsection (a)— (i) in paragraph (1)(A)(ii), by striking child pornography and inserting child sexual abuse material; and (ii) in paragraph (2)(A)(ii), by striking child pornography and inserting child sexual abuse material; and (B) in subsection (e)(5)— (i) in the paragraph heading, by striking Child pornography and inserting Child sexual abuse material; and (ii) by striking child pornography and inserting child sexual abuse material. (10) Museum and Library Services Act Section 224(f) of the Museum and Library Services Act (20 U.S.C. 9134(f)) is amended— (A) in paragraph (1)— (i) in subparagraph (A)(i)(II), by striking child pornography and inserting child sexual abuse material; and (ii) in subparagraph (B)(i)(II), by striking child pornography and inserting child sexual abuse material; and (B) in paragraph (7)(A)— (i) in the subparagraph heading, by striking Child pornography and inserting Child sexual abuse material; and (ii) by striking child pornography and inserting child sexual abuse material. (11) Omnibus Crime Control and Safe Streets Act of 1968 Section 3031(b)(3) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10721(b)(3)) is amended by striking child pornography and inserting child sexual abuse material. (12) Juvenile Justice and Delinquency Prevention Act of 1974 Section 404(b)(1)(K) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)) is amended— (A) in clause (i)(I)(aa), by striking child pornography and inserting child sexual abuse material; and (B) in clause (ii), by striking child pornography and inserting child sexual abuse material. (13) Victims of Crime Act of 1984 Section 1402(d)(6)(A) of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)(6)(A)) is amended by striking Child Pornography Victims Reserve and inserting Reserve for Victims of Child Sexual Abuse Material. (14) Victims of Child Abuse Act of 1990 The Victims of Child Abuse Act of 1990 (34 U.S.C. 20301 et seq.) is amended— (A) in section 212(4) (34 U.S.C. 20302(4)), by striking child pornography and inserting child sexual abuse material; (B) in section 214(b) (34 U.S.C. 20304(b))— (i) in the subsection heading, by striking Child Pornography and inserting Child Sexual Abuse Material; and (ii) by striking child pornography and inserting child sexual abuse material; and (C) in section 226(c)(6) (34 U.S.C. 20341(c)(6)), by striking child pornography and inserting child sexual abuse material. (15) Sex Offender Registration and Notification Act Section 111 of the Sex Offender Registration and Notification Act (34 U.S.C. 20911) is amended— (A) in paragraph (3)(B)(iii), by striking child pornography and inserting child sexual abuse material; and (B) in paragraph (7)(G), by striking child pornography and inserting child sexual abuse material. (16) Adam Walsh Child Protection and Safety Act of 2006 Section 143(b)(3) of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20942(b)(3)) is amended by striking child pornography and enticement cases and inserting cases involving child sexual abuse material and enticement of children. (17) PROTECT Our Children Act of 2008 The PROTECT Our Children Act of 2008 (34 U.S.C. 21101 et seq.) is amended— (A) in section 101(c) (34 U.S.C. 21111(c))— (i) in paragraph (16)— (I) in the matter preceding subparagraph (A), by striking child pornography trafficking and inserting trafficking in child sexual abuse material; (II) in subparagraph (A), by striking child pornography and inserting child sexual abuse material; (III) in subparagraph (B), by striking child pornography and inserting child sexual abuse material; (IV) in subparagraph (C), by striking child pornography and inserting child sexual abuse material; and (V) in subparagraph (D), by striking child pornography and inserting child sexual abuse material; and (ii) in paragraph (17)(A), by striking child pornography and inserting child sexual abuse material; and (B) in section 105(e)(1)(C) (34 U.S.C. 21115(e)(1)(C)), by striking child pornography trafficking and inserting trafficking in child sexual abuse material. (18) Social Security Act Section 471(a)(20)(A)(i) of the Social Security Act (42 U.S.C. 671(a)(20)(A)(i)) is amended by striking child pornography and inserting offenses involving child sexual abuse material. (19) Privacy Protection Act of 1980 Section 101 of the Privacy Protection Act of 1980 (42 U.S.C. 2000aa) is amended— (A) in subsection (a)(1), by striking child pornography and inserting child sexual abuse material; and (B) in subsection (b)(1), by striking child pornography and inserting child sexual abuse material. (20) Child Care and Development Block Grant Act of 1990 Section 658H(c)(1) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858f(c)(1)) is amended— (A) in subparagraph (D)(iii), by striking child pornography and inserting offenses relating to child sexual abuse material; and (B) in subparagraph (E), by striking child pornography and inserting child sexual abuse material. (21) Communications Act of 1934 Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended— (A) in section 223 (47 U.S.C. 223)— (i) in subsection (a)(1)— (I) in subparagraph (A), in the undesignated matter following clause (ii), by striking child pornography and inserting which constitutes child sexual abuse material; and (II) in subparagraph (B), in the undesignated matter following clause (ii), by striking child pornography and inserting which constitutes child sexual abuse material; and (ii) in subsection (d)(1), in the undesignated matter following subparagraph (B), by striking child pornography and inserting that constitutes child sexual abuse material; and (B) in section 254(h) (47 U.S.C. 254(h))— (i) in paragraph (5)— (I) in subparagraph (B)(i)(II), by striking child pornography and inserting child sexual abuse material; and (II) in subparagraph (C)(i)(II), by striking child pornography and inserting child sexual abuse material; (ii) in paragraph (6)— (I) in subparagraph (B)(i)(II), by striking child pornography and inserting child sexual abuse material; and (II) in subparagraph (C)(i)(II), by striking child pornography and inserting child sexual abuse material; and (iii) in paragraph (7)(F)— (I) in the subparagraph heading, by striking Child pornography and inserting Child sexual abuse material; and (II) by striking child pornography and inserting child sexual abuse material. (c) Table of sections amendments (1) Chapter 110 of title 18 The table of sections for chapter 110 of title 18, United States Code, is amended— (A) by striking the item relating to section 2252A and inserting the following: 2252A. Certain activities relating to child sexual abuse material. ; (B) by striking the item relating to section 2258C and inserting the following: 2258C. Use of technical elements from reports made to the CyberTipline to combat child sexual abuse material. ; (C) by striking the item relating to section 2259A and inserting the following: 2259A. Assessments in cases involving child sexual abuse material. ; and (D) by striking the item relating to section 2259B and inserting the following: 2259B. Reserve for victims of child sexual abuse material. . (2) Chapter 117 of title 18 The table of sections for chapter 117 of title 18, United States Code, is amended by striking the item relating to section 2427 and inserting the following: 2427. Inclusion of offenses relating to child sexual abuse material in definition of sexual activity for which any person can be charged with a criminal offense. . (d) Amendment to the Federal sentencing guidelines Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall amend the Federal sentencing guidelines, including application notes, to replace the terms child pornography and child pornographic material with child sexual abuse material. (e) Effective date The amendments made by this section to title 18, United States Code, shall apply to conduct that occurred before, on, or after the date of enactment of this Act.