II 

Calendar No. 70 

118TH CONGRESS 

1ST SESSION S. 1207 

To establish a National Commission on Online Child Sexual Exploitation 

Prevention, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 19, 2023 

Mr. GRAHAM (for himself, Mr. BLUMENTHAL, Mr. GRASSLEY, Mr. DURBIN, 

Mrs. HYDE-SMITH, Mrs. FEINSTEIN, Mr. HAWLEY, Ms. CORTEZ MASTO, 

Mr. TILLIS, Ms. HASSAN, Ms. ERNST, Mr. WARNER, Ms. MURKOWSKI, 

Mr. WHITEHOUSE, Ms. COLLINS, Ms. HIRONO, Mr. CRUZ, Mr. RUBIO, 

Mr. CORNYN, Mr. KENNEDY, Mrs. BLACKBURN, and Mr. RICKETTS) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

MAY 15, 2023 

Reported by Mr. DURBIN, with amendments 

[Insert the part printed in italic] 

A BILL 

To establish a National Commission on Online Child Sexual 

Exploitation Prevention, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Eliminating Abusive 

3 and Rampant Neglect of Interactive Technologies Act of 

4 2023’’ or the ‘‘EARN IT Act of 2023’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) COMMISSION.—The term ‘‘Commission’’ 

8 means the National Commission on Online Child 

9 Sexual Exploitation Prevention. 

10 (2) INTERACTIVE COMPUTER SERVICE.—The 

11 term ‘‘interactive computer service’’ has the meaning 

12 given the term in section 230(f)(2) of the Commu13 nications Act of 1934 (47 U.S.C. 230(f)(2)). 

14 SEC. 3. NATIONAL COMMISSION ON ONLINE CHILD SEXUAL 

15 EXPLOITATION PREVENTION. 

16 (a) ESTABLISHMENT.—There is established a Na17 tional Commission on Online Child Sexual Exploitation 

18 Prevention. 

19 (b) PURPOSE.—The purpose of the Commission is to 

20 develop recommended best practices that providers of 

21 interactive computer services may choose to implement to 

22 prevent, reduce, and respond to the online sexual exploi23 tation of children, including the enticement, sex traf24 ficking, and sexual abuse of children and the proliferation 

25 of online child sexual abuse material. 

26 (c) MEMBERSHIP.— 


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1 (1) COMPOSITION.— 

2 (A) IN GENERAL.—The Commission shall 

3 be composed of 19 members. 

4 (B) AGENCY HEADS.—The following Fed5 eral officials shall serve as members of the 

6 Commission: 

7 (i) The Attorney General or his or her 

8 representative. 

9 (ii) The Secretary of Homeland Secu10 rity or his or her representative. 

11 (iii) The Chairman of the Federal 

12 Trade Commission or his or her represent13 ative. 

14 (C) OTHER MEMBERS.—Of the remaining 

15 16 members of the Commission— 

16 (i) 4 shall be appointed by the major17 ity leader of the Senate, of whom— 

18 (I) 1 shall have the qualifications 

19 required under clause (i) or (ii) of 

20 paragraph (2)(A); 

21 (II) 1 shall have the qualifica22 tions required under paragraph 

23 (2)(B); 


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1 (III) 1 shall have the qualifica2 tions required under clause (i) or (ii) 

3 of paragraph (2)(C); and 

4 (IV) 1 shall have the qualifica5 tions required under clause (i) or (ii) 

6 of paragraph (2)(D); 

7 (ii) 4 shall be appointed by the minor8 ity leader of the Senate, of whom— 

9 (I) 1 shall have the qualifications 

10 required under clause (i) or (ii) of 

11 paragraph (2)(A); 

12 (II) 1 shall have the qualifica13 tions required under paragraph 

14 (2)(B); 

15 (III) 1 shall have the qualifica16 tions required under clause (i) or (ii) 

17 of paragraph (2)(C); and 

18 (IV) 1 shall have the qualifica19 tions required under clause (i) or (ii) 

20 of paragraph (2)(D); 

21 (iii) 4 shall be appointed by the 

22 Speaker of the House of Representatives, 

23 of whom— 


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1 (I) 1 shall have the qualifications 

2 required under clause (i) or (ii) of 

3 paragraph (2)(A); 

4 (II) 1 shall have the qualifica5 tions required under paragraph 

6 (2)(B); 

7 (III) 1 shall have the qualifica8 tions required under clause (i) or (ii) 

9 of paragraph (2)(C); and 

10 (IV) 1 shall have the qualifica11 tions required under clause (i) or (ii) 

12 of paragraph (2)(D); and 

13 (iv) 4 shall be appointed by the minor14 ity leader of the House of Representatives, 

15 of whom— 

16 (I) 1 shall have the qualifications 

17 required under clause (i) or (ii) of 

18 paragraph (2)(A); 

19 (II) 1 shall have the qualifica20 tions required under paragraph 

21 (2)(B); 

22 (III) 1 shall have the qualifica23 tions required under clause (i) or (ii) 

24 of paragraph (2)(C); and 


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1 (IV) 1 shall have the qualifica2 tions required under clause (i) or (ii) 

3 of paragraph (2)(D). 

4 (2) QUALIFICATIONS.—Of the 16 members of 

5 the Commission appointed under paragraph 

6 (1)(C)— 

7 (A) 4 shall have current experience in in8 vestigating online child sexual exploitation 

9 crimes, of whom— 

10 (i) 2 shall have such experience in a 

11 law enforcement capacity; and 

12 (ii) 2 shall have such experience in a 

13 prosecutorial capacity; 

14 (B) 4 shall be survivors of online child sex15 ual exploitation, or have current experience in 

16 providing services for victims of online child 

17 sexual exploitation in a non-governmental ca18 pacity; 

19 (C)(i) 2 shall have current experience in 

20 matters related to consumer protection, civil lib21 erties, civil rights, or privacy; and 

22 (ii) 2 shall have current experience in com23 puter science or software engineering related to 

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1 ficial intelligence in a non-governmental capac2 ity; and 

3 (D) 4 shall be individuals who each cur4 rently work for an interactive computer service 

5 that is unrelated to each other interactive com6 puter service represented under this subpara7 graph, representing diverse types of businesses 

8 and areas of professional expertise, of whom— 

9 (i) 2 shall have current experience in 

10 addressing online child sexual exploitation 

11 and promoting child safety at an inter12 active computer service with not less than 

13 30,000,000 monthly users in the United 

14 States; and 

15 (ii) 2 shall have current experience in 

16 addressing online child sexual exploitation 

17 and promoting child safety at an inter18 active computer service with less than 

19 10,000,000 monthly users in the United 

20 States. 

21 (3) DATE.—The initial appointments of mem22 bers to the Commission under paragraph (1)(C) 

23 shall be made not later than 90 days after the date 

24 of enactment of this Act. 

25 (d) PERIOD OF APPOINTMENT; VACANCIES.— 


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1 (1) PERIOD OF APPOINTMENT.—A member of 

2 the Commission shall be appointed for a term of 5 

3 years. 

4 (2) VACANCIES.— 

5 (A) EFFECT ON COMMISSION.—Any va6 cancy in the Commission shall not affect the 

7 powers of the Commission. 

8 (B) FILLING OF VACANCIES.—A vacancy 

9 in the Commission shall be filled in the same 

10 manner as the original appointment under sub11 section (c)(1). 

12 (e) INITIAL MEETING.—The Commission shall hold 

13 the first meeting of the Commission not later than 60 days 

14 after the date on which a majority of the members of the 

15 Commission have been appointed. 

16 (f) CHAIRPERSON.—The Attorney General or his or 

17 her representative shall serve as the Chairperson of the 

18 Commission. 

19 (g) QUORUM.—A majority of the members of the 

20 Commission shall constitute a quorum, but a lesser num21 ber of members may hold a meeting. 

22 (h) MEETINGS.—The Commission shall meet at the 

23 call of the Chairperson. 

24 (i) AUTHORITY OF COMMISSION.—The Commission 

25 may, for the purpose of carrying out this section and secVerDate Sep 11 2014 23:30 May 15, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1207.RS S1207

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1 tion 4, hold such hearings, sit and act at such times and 

2 places, take such testimony, and receive such evidence as 

3 the Commission considers appropriate. 

4 (j) INFORMATION FROM FEDERAL AGENCIES.— 

5 (1) IN GENERAL.—The Commission may secure 

6 directly from any Federal department or agency 

7 such information as the Commission considers nec8 essary to carry out this section and section 4. 

9 (2) FURNISHING INFORMATION.—Upon request 

10 of the Chairperson of the Commission for informa11 tion under paragraph (1), the head of a Federal de12 partment or agency shall furnish the information to 

13 the Commission, unless the information is subject to 

14 an active investigation or otherwise privileged or 

15 confidential. 

16 (k) TRAVEL EXPENSES.—A member of the Commis17 sion shall serve without compensation, but shall be allowed 

18 travel expenses, including per diem in lieu of subsistence, 

19 at rates authorized for employees of agencies under sub20 chapter I of chapter 57 of title 5, United States Code, 

21 while away from the home or regular places of business 

22 of the member in the performance of services for the Com23 mission. 

24 (l) DURATION.—Section 1013 of title 5, United 

25 States Code, shall not apply to the Commission. 


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1 SEC. 4. DUTIES OF THE COMMISSION. 

2 (a) RECOMMENDED BEST PRACTICES.— 

3 (1) INITIAL RECOMMENDATIONS.— 

4 (A) IN GENERAL.—Not later than 18 

5 months after the date on which a majority of 

6 the members of the Commission required to be 

7 appointed under section 3(c)(1)(C) have been so 

8 appointed, the Commission shall develop and 

9 submit to the Attorney General recommended 

10 best practices that providers of interactive com11 puter services may choose to engage in to pre12 vent, reduce, and respond to the online sexual 

13 exploitation of children, including the entice14 ment, sex trafficking, and sexual abuse of chil15 dren and the proliferation of online child sexual 

16 abuse material. 

17 (B) REQUIREMENTS.— 

18 (i) ALTERNATIVE BEST PRACTICES.— 

19 The best practices required to be developed 

20 and submitted under subparagraph (A) 

21 shall include alternatives that take into 

22 consideration— 

23 (I) the size, type of product, and 

24 business model of a provider of an 

25 interactive computer service; 


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1 (II) whether an interactive com2 puter service— 

3 (aa) is made available to the 

4 public; 

5 (bb) is primarily responsible 

6 for hosting, storage, display, and 

7 retrieval of information on behalf 

8 of third parties, including pro9 viders of other interactive com10 puter services; or 

11 (cc) provides the capability 

12 to transmit data to and receive 

13 data from all or substantially all 

14 internet endpoints on behalf of a 

15 consumer; and 

16 (III) whether a type of product, 

17 business model, product design, or 

18 other factors related to the provision 

19 of an interactive computer service 

20 could make a product or service sus21 ceptible to the use and facilitation of 

22 online child sexual exploitation. 

23 (ii) SCOPE.—Notwithstanding para24 graph (3), the alternatives described in 

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1 clude certain matters required to be ad2 dressed under paragraph (3), as the Com3 mission determines appropriate based on 

4 the nature of particular products or serv5 ices, the factors described in such clause 

6 (i), or other factors relevant to the pur7 poses of this Act. 

8 (2) SUPPORT REQUIREMENT.—The Commission 

9 may only recommend the best practices under para10 graph (1) if not fewer than 14 members of the Com11 mission support the best practices. 

12 (3) MATTERS ADDRESSED.—The matters ad13 dressed by the recommended best practices devel14 oped and submitted by the Commission under para15 graph (1) shall include— 

16 (A) preventing, identifying, disrupting, and 

17 reporting online child sexual exploitation; 

18 (B) coordinating with non-profit organiza19 tions and other providers of interactive com20 puter services to preserve, remove from view, 

21 and report online child sexual exploitation; 

22 (C) retaining child sexual exploitation con23 tent and related user identification and location 

24 data; 


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1 (D) receiving and triaging reports of online 

2 child sexual exploitation by users of interactive 

3 computer services, including self-reporting; 

4 (E) implementing a standard rating and 

5 categorization system to identify the type and 

6 severity of child sexual abuse material; 

7 (F) training and supporting content mod8 erators who review child sexual exploitation con9 tent for the purposes of preventing and dis10 rupting online child sexual exploitation; 

11 (G) preparing and issuing transparency re12 ports, including disclosures in terms of service, 

13 relating to identifying, categorizing, and report14 ing online child sexual exploitation and efforts 

15 to prevent and disrupt online child sexual ex16 ploitation; 

17 (H) coordinating with voluntary initiatives 

18 offered among and to providers of interactive 

19 computer services relating to identifying, cat20 egorizing, and reporting online child sexual ex21 ploitation; 

22 (I) employing age rating and age gating 

23 systems to reduce online child sexual exploi24 tation; 


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1 (J) offering parental control products that 

2 enable customers to limit the types of websites, 

3 social media platforms, and internet content 

4 that are accessible to children; and 

5 (K) contractual and operational practices 

6 to ensure third parties, contractors, and affili7 ates comply with the best practices. 

8 (4) RELEVANT CONSIDERATIONS.—In devel9 oping best practices under paragraph (1), the Com10 mission shall consider— 

11 (A) the cost and technical limitations of 

12 implementing the best practices; 

13 (B) the impact on competition, product 

14 and service quality, data security, and privacy; 

15 (C) the impact on the ability of law en16 forcement agencies to investigate and prosecute 

17 child sexual exploitation and rescue victims; and 

18 (D) the current state of technology. 

19 (5) PERIODIC UPDATES.—Not less frequently 

20 than once every 5 years, the Commission shall up21 date and resubmit to the Attorney General rec22 ommended best practices under paragraph (1). 

23 (b) PUBLICATION OF BEST PRACTICES.—Not later 

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1 cluding updated recommended best practices under para2 graph (5) of that subsection, the Attorney General shall 

3 publish the recommended best practices on the website of 

4 the Department of Justice and in the Federal Register. 

5 SEC. 5. PROTECTING VICTIMS OF ONLINE CHILD SEXUAL 

6 ABUSE. 

7 Section 230(e) of the Communications Act of 1934 

8 (47 U.S.C. 230(e)) is amended by adding at the end the 

9 following: 

10 ‘‘(6) NO EFFECT ON CHILD SEXUAL EXPLOI11 TATION LAW.—Nothing in this section (other than 

12 subsection (c)(2)(A)) shall be construed to impair or 

13 limit— 

14 ‘‘(A) any claim in a civil action brought 

15 against a provider of an interactive computer 

16 service under section 2255 of title 18, United 

17 States Code, if the conduct underlying the 

18 claim constitutes a violation of section 2252 or 

19 section 2252A of that title; 

20 ‘‘(B) any charge in a criminal prosecution 

21 brought against a provider of an interactive 

22 computer service under State law regarding the 

23 intentional, knowing, or reckless advertisement, 

24 promotion, presentation, distribution, or solici25 tation of child sexual abuse material, as defined 


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1 in section 2256(8) of title 18, United States 

2 Code; or 

3 ‘‘(C) any claim in a civil action brought 

4 against a provider of an interactive computer 

5 service under State law regarding the inten6 tional, knowing, or reckless advertisement, pro7 motion, presentation, distribution, or solicita8 tion of child sexual abuse material, as defined 

9 in section 2256(8) of title 18, United States 

10 Code. 

11 ‘‘(7) ENCRYPTION TECHNOLOGIES.— 

12 ‘‘(A) IN GENERAL.—Notwithstanding para13 graph (6), none of the following actions or cir14 cumstances shall serve as an independent basis 

15 for liability of a provider of an interactive com16 puter service for a claim or charge described in 

17 that paragraph: 

18 ‘‘(i) The provider utilizes full end-to19 end encrypted messaging services, device 

20 encryption, or other encryption services. 

21 ‘‘(ii) The provider does not possess 

22 the information necessary to decrypt a 

23 communication. 

24 ‘‘(iii) The provider fails to take an ac25 tion that would otherwise undermine the 


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1 ability of the provider to offer full end-to2 end encrypted messaging services, device 

3 encryption, or other encryption services. 

4 ‘‘(B) CONSIDERATION OF EVIDENCE.— 

5 Nothing in subparagraph (A) shall be construed 

6 to prohibit a court from considering evidence of 

7 actions or circumstances described in that sub8 paragraph if the evidence is otherwise admis9 sible.’’. 

10 SEC. 6. USE OF TERM ‘‘CHILD SEXUAL ABUSE MATERIAL’’. 

11 (a) SENSE OF CONGRESS.—It is the sense of Con12 gress that the term ‘‘child sexual abuse material’’ has the 

13 same legal meaning as the term ‘‘child pornography’’, as 

14 that term was used in Federal statutes and case law before 

15 the date of enactment of this Act. 

16 (b) AMENDMENTS.— 

17 (1) TITLE 5, UNITED STATES CODE.—Chapter 

18 65 of title 5, United States Code, is amended— 

19 (A) in section 6502(a)(2)(B), by striking 

20 ‘‘child pornography’’ and inserting ‘‘child sexual 

21 abuse material’’; and 

22 (B) in section 6504(c)(2)(F), by striking 

23 ‘‘child pornography’’ and inserting ‘‘child sexual 

24 abuse material’’. 


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1 (2) HOMELAND SECURITY ACT OF 2002.—The 

2 Homeland Security Act of 2002 (6 U.S.C. 101 et 

3 seq.) is amended— 

4 (A) in section 307(b)(3)(D) (6 U.S.C. 

5 187(b)(3)(D)), by striking ‘‘child pornography’’ 

6 and inserting ‘‘child sexual abuse material’’; 

7 and 

8 (B) in section 890A (6 U.S.C. 473)— 

9 (i) in subsection (b)(2)(A)(ii), by 

10 striking ‘‘child pornography’’ and inserting 

11 ‘‘child sexual abuse material’’; and 

12 (ii) in subsection (e)(3)(B)(ii), by 

13 striking ‘‘child pornography’’ and inserting 

14 ‘‘child sexual abuse material’’. 

15 (3) IMMIGRATION AND NATIONALITY ACT.—Sec16 tion 101(a)(43)(I) of the Immigration and Nation17 ality Act (8 U.S.C. 1101(a)(43)(I)) is amended by 

18 striking ‘‘child pornography’’ and inserting ‘‘child 

19 sexual abuse material’’. 

20 (4) SMALL BUSINESS JOBS ACT OF 2010.—Sec21 tion 3011(c) of the Small Business Jobs Act of 2010 

22 (12 U.S.C. 5710(c)) is amended by striking ‘‘child 

23 pornography’’ and inserting ‘‘child sexual abuse ma24 terial’’. 


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1 (5) BROADBAND DATA IMPROVEMENT ACT.— 

2 Section 214(a)(2) of the Broadband Data Improve3 ment Act (15 U.S.C. 6554(a)(2)) is amended by 

4 striking ‘‘child pornography’’ and inserting ‘‘child 

5 sexual abuse material’’. 

6 (6) CAN-SPAM ACT OF 2003.—Section 

7 4(b)(2)(B) of the CAN-SPAM Act of 2003 (15 

8 U.S.C. 7703(b)(2)(B)) is amended by striking ‘‘child 

9 pornography’’ and inserting ‘‘child sexual abuse ma10 terial’’. 

11 (7) TITLE 18, UNITED STATES CODE.—Title 18, 

12 United States Code, is amended— 

13 (A) in section 1956(c)(7)(D), by striking 

14 ‘‘child pornography’’ each place the term ap15 pears and inserting ‘‘child sexual abuse mate16 rial’’; 

17 (B) in chapter 110— 

18 (i) in section 2251(e), by striking 

19 ‘‘child pornography’’ and inserting ‘‘child 

20 sexual abuse material’’; 

21 (ii) in section 2252(b)— 

22 (I) in paragraph (1), by striking 

23 ‘‘child pornography’’ and inserting 

24 ‘‘child sexual abuse material’’; and 


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1 (II) in paragraph (2), by striking 

2 ‘‘child pornography’’ and inserting 

3 ‘‘child sexual abuse material’’; 

4 (iii) in section 2252A— 

5 (I) in the section heading, by 

6 striking ‘‘material constituting 

7 or containing child pornog8 raphy’’ and inserting ‘‘child sex9 ual abuse material’’; 

10 (II) in subsection (a)— 

11 (aa) in paragraph (1), by 

12 striking ‘‘child pornography’’ and 

13 inserting ‘‘child sexual abuse ma14 terial’’; 

15 (bb) in paragraph (2)— 

16 (AA) in subparagraph 

17 (A), by striking ‘‘child por18 nography’’ and inserting 

19 ‘‘child sexual abuse mate20 rial’’; and 

21 (BB) in subparagraph 

22 (B), by striking ‘‘material 

23 that contains child pornog24 raphy’’ and inserting ‘‘child 

25 sexual abuse material’’; 


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1 (cc) in paragraph (3)(A), by 

2 striking ‘‘child pornography’’ and 

3 inserting ‘‘child sexual abuse ma4 terial’’; 

5 (dd) in paragraph (4)— 

6 (AA) in subparagraph 

7 (A), by striking ‘‘child por8 nography’’ and inserting 

9 ‘‘child sexual abuse mate10 rial’’; and 

11 (BB) in subparagraph 

12 (B), by striking ‘‘child por13 nography’’ and inserting 

14 ‘‘child sexual abuse mate15 rial’’; 

16 (ee) in paragraph (5)— 

17 (AA) in subparagraph 

18 (A), by striking ‘‘material 

19 that contains an image of 

20 child pornography’’ and in21 serting ‘‘item containing 

22 child sexual abuse material’’; 

23 and 

24 (BB) in subparagraph 

25 (B), by striking ‘‘material 


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1 that contains an image of 

2 child pornography’’ and in3 serting ‘‘item containing 

4 child sexual abuse material’’; 

5 and 

6 (ff) in paragraph (7)— 

7 (AA) by striking ‘‘child 

8 pornography’’ and inserting 

9 ‘‘child sexual abuse mate10 rial’’; and 

11 (BB) by striking the 

12 period at the end and insert13 ing a comma; 

14 (III) in subsection (b)— 

15 (aa) in paragraph (1), by 

16 striking ‘‘child pornography’’ and 

17 inserting ‘‘child sexual abuse ma18 terial’’; and 

19 (bb) in paragraph (2), by 

20 striking ‘‘child pornography’’ 

21 each place the term appears and 

22 inserting ‘‘child sexual abuse ma23 terial’’; 

24 (IV) in subsection (c)— 


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1 (aa) in paragraph (1)(A), by 

2 striking ‘‘child pornography’’ and 

3 inserting ‘‘child sexual abuse ma4 terial’’; 

5 (bb) in paragraph (2), by 

6 striking ‘‘child pornography’’ and 

7 inserting ‘‘child sexual abuse ma8 terial’’; and 

9 (cc) in the undesignated 

10 matter following paragraph (2), 

11 by striking ‘‘child pornography’’ 

12 and inserting ‘‘child sexual abuse 

13 material’’; 

14 (V) in subsection (d)(1), by strik15 ing ‘‘child pornography’’ and inserting 

16 ‘‘child sexual abuse material’’; and 

17 (VI) in subsection (e), by striking 

18 ‘‘child pornography’’ each place the 

19 term appears and inserting ‘‘child sex20 ual abuse material’’; 

21 (iv) in section 2256(8)— 

22 (I) by striking ‘‘child pornog23 raphy’’ and inserting ‘‘child sexual 

24 abuse material’’; and 


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1 (II) by striking the period at the 

2 end and inserting a semicolon; 

3 (v) in section 2257A(h)— 

4 (I) in paragraph (1)(A)(iii)— 

5 (aa) by inserting a comma 

6 after ‘‘marketed’’; 

7 (bb) by striking ‘‘such than’’ 

8 and inserting ‘‘such that’’; and 

9 (cc) by striking ‘‘a visual de10 piction that is child pornog11 raphy’’ and inserting ‘‘child sex12 ual abuse material’’; and 

13 (II) in paragraph (2), by striking 

14 ‘‘any visual depiction that is child por15 nography’’ and inserting ‘‘child sexual 

16 abuse material’’; 

17 (vi) in section 2258A— 

18 (I) in subsection (a)(2)— 

19 (aa) in subparagraph (A), 

20 by striking ‘‘child pornography’’ 

21 and inserting ‘‘child sexual abuse 

22 material’’; and 

23 (bb) in subparagraph (B), 

24 by striking ‘‘child pornography’’ 


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1 and inserting ‘‘child sexual abuse 

2 material’’; 

3 (II) in subsection (b)— 

4 (aa) in paragraph (4)— 

5 (AA) in the paragraph 

6 heading, by striking ‘‘VIS7 UAL DEPICTIONS OF APPAR8 ENT CHILD PORNOGRAPHY’’ 

9 and inserting ‘‘APPARENT

10 CHILD SEXUAL ABUSE MA11 TERIAL’’; and 

12 (BB) by striking ‘‘vis13 ual depiction of apparent 

14 child pornography’’ and in15 serting ‘‘apparent child sex16 ual abuse material’’; and 

17 (bb) in paragraph (5), by 

18 striking ‘‘visual depiction of ap19 parent child pornography’’ and 

20 inserting ‘‘apparent child sexual 

21 abuse material’’; and 

22 (III) in subsection (g)(2)(B), by 

23 striking ‘‘visual depictions of apparent 

24 child pornography’’ and inserting ‘‘ap25 parent child sexual abuse material’’; 


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1 (vii) in section 2258C— 

2 (I) in the section heading, by 

3 striking ‘‘Use to combat child 

4 pornography of technical ele5 ments relating to reports 

6 made to the CyberTipline’’ and 

7 inserting ‘‘Use of technical ele8 ments from reports made to 

9 the CyberTipline to combat 

10 child sexual abuse material’’; 

11 (II) in subsection (a)— 

12 (aa) in paragraph (2), by 

13 striking ‘‘child pornography’’ and 

14 inserting ‘‘child sexual abuse ma15 terial’’; and 

16 (bb) in paragraph (3), by 

17 striking ‘‘the actual visual depic18 tions of apparent child pornog19 raphy’’ and inserting ‘‘any appar20 ent child sexual abuse material’’; 

21 (III) in subsection (d), by strik22 ing ‘‘child pornography visual depic23 tion’’ and inserting ‘‘child sexual 

24 abuse material visual depiction’’; and 


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1 (IV) in subsection (e), by striking 

2 ‘‘child pornography visual depiction’’ 

3 and inserting ‘‘child sexual abuse ma4 terial visual depiction’’; 

5 (viii) in section 2259— 

6 (I) in paragraph (b)(2)— 

7 (aa) in the paragraph head8 ing, by striking ‘‘CHILD PORNOG9 RAPHY’’ and inserting ‘‘CHILD

10 SEXUAL ABUSE MATERIAL’’; 

11 (bb) in the matter preceding 

12 subparagraph (A), by striking 

13 ‘‘child pornography’’ and insert14 ing ‘‘child sexual abuse mate15 rial’’; and 

16 (cc) in subparagraph (A), by 

17 striking ‘‘child pornography’’ and 

18 inserting ‘‘child sexual abuse ma19 terial’’; 

20 (II) in subsection (c)— 

21 (aa) in paragraph (1)— 

22 (AA) in the paragraph 

23 heading, by striking ‘‘CHILD

24 PORNOGRAPHY PRODUC25 TION’’ and inserting ‘‘PROVerDate Sep 11 2014 23:30 May 15, 2023 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1207.RS S1207

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1 DUCTION OF CHILD SEXUAL

2 ABUSE MATERIAL’’; 

3 (BB) by striking ‘‘child 

4 pornography production’’ 

5 and inserting ‘‘production of 

6 child sexual abuse material’’; 

7 and 

8 (CC) by striking ‘‘pro9 duction of child pornog10 raphy’’ and inserting ‘‘pro11 duction of child sexual abuse 

12 material’’; 

13 (bb) in paragraph (2), in the 

14 matter preceding subparagraph 

15 (A), by striking ‘‘trafficking in 

16 child pornography offenses’’ each 

17 place the term appears and in18 serting ‘‘offenses for trafficking 

19 in child sexual abuse material’’; 

20 and 

21 (cc) in paragraph (3)— 

22 (AA) in the paragraph 

23 heading, by striking ‘‘CHILD

24 PORNOGRAPHY’’ and insertVerDate Sep 11 2014 23:30 May 15, 2023 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1207.RS S1207

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1 ing ‘‘CHILD SEXUAL ABUSE

2 MATERIAL’’; and 

3 (BB) by striking ‘‘child 

4 pornography’’ and inserting 

5 ‘‘child sexual abuse mate6 rial’’; and 

7 (III) in subsection (d)(1)— 

8 (aa) in subparagraph (A)— 

9 (AA) by striking ‘‘child 

10 pornography’’ each place the 

11 term appears and inserting 

12 ‘‘child sexual abuse mate13 rial’’; and 

14 (BB) by striking ‘‘Child 

15 Pornography Victims Re16 serve’’ and inserting ‘‘Re17 serve for Victims of Child 

18 Sexual Abuse Material’’; 

19 (bb) in subparagraph (B), 

20 by striking ‘‘child pornography’’ 

21 and inserting ‘‘child sexual abuse 

22 material’’; and 

23 (cc) in subparagraph (C)— 

24 (AA) by striking ‘‘child 

25 pornography’’ and inserting 


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1 ‘‘child sexual abuse mate2 rial’’; and 

3 (BB) by striking ‘‘Child 

4 Pornography Victims Re5 serve’’ and inserting ‘‘Re6 serve for Victims of Child 

7 Sexual Abuse Material’’; 

8 (ix) in section 2259A— 

9 (I) in the section heading, by 

10 striking ‘‘child pornography 

11 cases’’ and inserting ‘‘cases in12 volving child sexual abuse 

13 material’’; 

14 (II) in subsection (a)— 

15 (aa) in paragraph (2), by 

16 striking ‘‘child pornography’’ and 

17 inserting ‘‘child sexual abuse ma18 terial’’; and 

19 (bb) in paragraph (3), by 

20 striking ‘‘a child pornography 

21 production offense’’ and inserting 

22 ‘‘an offense for production of 

23 child sexual abuse material’’; and 

24 (III) in subsection (d)(2)(B), by 

25 striking ‘‘child pornography producVerDate Sep 11 2014 23:30 May 15, 2023 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1207.RS S1207

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1 tion or trafficking offense that the de2 fendant committed’’ and inserting ‘‘of3 fense for production of child sexual 

4 abuse material or trafficking in child 

5 sexual abuse material committed by 

6 the defendant’’; and 

7 (x) in section 2259B— 

8 (I) in the section heading, by 

9 striking ‘‘Child pornography 

10 victims reserve’’ and inserting 

11 ‘‘Reserve for child sexual 

12 abuse material’’; 

13 (II) in subsection (a), by striking 

14 ‘‘Child Pornography Victims Reserve’’ 

15 each place the term appears and in16 serting ‘‘Reserve for Victims of Child 

17 Sexual Abuse Material’’; 

18 (III) in subsection (b), by strik19 ing ‘‘Child Pornography Victims Re20 serve’’ each place the term appears 

21 and inserting ‘‘Reserve for Victims of 

22 Child Sexual Abuse Material’’; and 

23 (IV) in subsection (c), by striking 

24 ‘‘Child Pornography Victims Reserve’’ 


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1 and inserting ‘‘Reserve for Victims of 

2 Child Sexual Abuse Material’’; 

3 (C) in chapter 117— 

4 (i) in section 2423(f)(3), by striking 

5 ‘‘child pornography’’ and inserting ‘‘child 

6 sexual abuse material’’; and 

7 (ii) in section 2427— 

8 (I) in the section heading, by 

9 striking ‘‘child pornography’’ 

10 and inserting ‘‘child sexual abuse 

11 material’’; and 

12 (II) by striking ‘‘child pornog13 raphy’’ and inserting ‘‘child sexual 

14 abuse material’’; 

15 (D) in section 2516— 

16 (i) in paragraph (1)(c), by striking 

17 ‘‘material constituting or containing child 

18 pornography’’ and inserting ‘‘child sexual 

19 abuse material’’; and 

20 (ii) in paragraph (2), by striking 

21 ‘‘child pornography production’’ and in22 serting ‘‘production of child sexual abuse 

23 material’’; 


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1 (E) in section 3014(h)(3), by striking 

2 ‘‘child pornography victims’’ and inserting ‘‘vic3 tims of child sexual abuse material’’; 

4 (F) in section 3509— 

5 (i) in subsection (a)(6), by striking 

6 ‘‘child pornography’’ and inserting ‘‘child 

7 sexual abuse material’’; and 

8 (ii) in subsection (m)— 

9 (I) in the subsection heading, by 

10 striking ‘‘CHILD PORNOGRAPHY’’ and 

11 inserting ‘‘CHILD SEXUAL ABUSE

12 MATERIAL’’; 

13 (II) in paragraph (1), by striking 

14 ‘‘property or material that constitutes 

15 child pornography (as defined by sec16 tion 2256 of this title)’’ and inserting 

17 ‘‘child sexual abuse material (as de18 fined by section 2256 of this title), or 

19 property or items containing such ma20 terial,’’; 

21 (III) in paragraph (2)— 

22 (aa) in subparagraph (A)— 

23 (AA) by striking ‘‘prop24 erty or material that con25 stitutes child pornography 


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1 (as defined by section 2256 

2 of this title)’’ and inserting 

3 ‘‘child sexual abuse material 

4 (as defined by section 2256 

5 of this title), or property or 

6 items containing such mate7 rial,’’; and 

8 (BB) by striking ‘‘the 

9 property or material’’ and 

10 inserting ‘‘the child sexual 

11 abuse material, property, or 

12 items’’; and 

13 (bb) in subparagraph (B), 

14 by striking ‘‘property or mate15 rial’’ each place the term appears 

16 and inserting ‘‘child sexual abuse 

17 material, property, or items’’; 

18 and 

19 (IV) in paragraph (3)— 

20 (aa) by striking ‘‘property or 

21 material that constitutes child 

22 pornography, as defined under 

23 section 2256(8)’’ and inserting 

24 ‘‘child sexual abuse material (as 


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1 defined by section 2256 of this 

2 title)’’; 

3 (bb) by striking ‘‘such child 

4 pornography’’ and inserting 

5 ‘‘such child sexual abuse mate6 rial’’; and 

7 (cc) by striking ‘‘Such prop8 erty or material’’ and inserting 

9 ‘‘Such child sexual abuse mate10 rial’’; and 

11 (G) in section 3632(d)(4)(D)(xlii), by 

12 striking ‘‘material constituting or containing 

13 child pornography’’ and inserting ‘‘child sexual 

14 abuse material’’. 

15 (8) TARIFF ACT OF 1930.—Section 

16 583(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 

17 1583(a)(2)(B)) is amended by striking ‘‘child por18 nography’’ and inserting ‘‘child sexual abuse mate19 rial’’. 

20 (9) ELEMENTARY AND SECONDARY EDUCATION

21 ACT OF 1965.—Section 4121 of the Elementary and 

22 Secondary Education Act of 1965 (20 U.S.C. 7131) 

23 is amended— 

24 (A) in subsection (a)— 


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1 (i) in paragraph (1)(A)(ii), by striking 

2 ‘‘child pornography’’ and inserting ‘‘child 

3 sexual abuse material’’; and 

4 (ii) in paragraph (2)(A)(ii), by strik5 ing ‘‘child pornography’’ and inserting 

6 ‘‘child sexual abuse material’’; and 

7 (B) in subsection (e)(5)— 

8 (i) in the paragraph heading, by strik9 ing ‘‘CHILD PORNOGRAPHY’’ and inserting 

10 ‘‘CHILD SEXUAL ABUSE MATERIAL’’; and 

11 (ii) by striking ‘‘child pornography’’ 

12 and inserting ‘‘child sexual abuse mate13 rial’’. 

14 (10) MUSEUM AND LIBRARY SERVICES ACT.— 

15 Section 224(f) of the Museum and Library Services 

16 Act (20 U.S.C. 9134(f)) is amended— 

17 (A) in paragraph (1)— 

18 (i) in subparagraph (A)(i)(II), by 

19 striking ‘‘child pornography’’ and inserting 

20 ‘‘child sexual abuse material’’; and 

21 (ii) in subparagraph (B)(i)(II), by 

22 striking ‘‘child pornography’’ and inserting 

23 ‘‘child sexual abuse material’’; and 

24 (B) in paragraph (7)(A)— 


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1 (i) in the subparagraph heading, by 

2 striking ‘‘CHILD PORNOGRAPHY’’ and in3 serting ‘‘CHILD SEXUAL ABUSE MATE4 RIAL’’; and 

5 (ii) by striking ‘‘child pornography’’ 

6 and inserting ‘‘child sexual abuse mate7 rial’’. 

8 (11) OMNIBUS CRIME CONTROL AND SAFE

9 STREETS ACT OF 1968.—Section 3031(b)(3) of title 

10 I of the Omnibus Crime Control and Safe Streets 

11 Act of 1968 (34 U.S.C. 10721(b)(3)) is amended by 

12 striking ‘‘child pornography’’ and inserting ‘‘child 

13 sexual abuse material’’. 

14 (12) JUVENILE JUSTICE AND DELINQUENCY

15 PREVENTION ACT OF 1974.—Section 404(b)(1)(K) of 

16 the Juvenile Justice and Delinquency Prevention Act 

17 of 1974 (34 U.S.C. 11293(b)(1)(K)) is amended— 

18 (A) in clause (i)(I)(aa), by striking ‘‘child 

19 pornography’’ and inserting ‘‘child sexual abuse 

20 material’’; and 

21 (B) in clause (ii), by striking ‘‘child por22 nography’’ and inserting ‘‘child sexual abuse 

23 material’’. 

24 (13) VICTIMS OF CRIME ACT OF 1984.—Section 

25 1402(d)(6)(A) of the Victims of Crime Act of 1984 


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1 (34 U.S.C. 20101(d)(6)(A)) is amended by striking 

2 ‘‘Child Pornography Victims Reserve’’ and inserting 

3 ‘‘Reserve for Victims of Child Sexual Abuse Mate4 rial’’. 

5 (14) VICTIMS OF CHILD ABUSE ACT OF 1990.— 

6 The Victims of Child Abuse Act of 1990 (34 U.S.C. 

7 20301 et seq.) is amended— 

8 (A) in section 212(4) (34 U.S.C. 

9 20302(4)), by striking ‘‘child pornography’’ and 

10 inserting ‘‘child sexual abuse material’’; 

11 (B) in section 214(b) (34 U.S.C. 

12 20304(b))— 

13 (i) in the subsection heading, by strik14 ing ‘‘CHILD PORNOGRAPHY’’ and inserting 

15 ‘‘CHILD SEXUAL ABUSE MATERIAL’’; and 

16 (ii) by striking ‘‘child pornography’’ 

17 and inserting ‘‘child sexual abuse mate18 rial’’; and 

19 (C) in section 226(c)(6) (34 U.S.C. 

20 20341(c)(6)), by striking ‘‘child pornography’’ 

21 and inserting ‘‘child sexual abuse material’’. 

22 (15) SEX OFFENDER REGISTRATION AND NOTI23 FICATION ACT.—Section 111 of the Sex Offender 

24 Registration and Notification Act (34 U.S.C. 20911) 

25 is amended— 


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1 (A) in paragraph (3)(B)(iii), by striking 

2 ‘‘child pornography’’ and inserting ‘‘child sexual 

3 abuse material’’; and 

4 (B) in paragraph (7)(G), by striking ‘‘child 

5 pornography’’ and inserting ‘‘child sexual abuse 

6 material’’. 

7 (16) ADAM WALSH CHILD PROTECTION AND

8 SAFETY ACT OF 2006.—Section 143(b)(3) of the 

9 Adam Walsh Child Protection and Safety Act of 

10 2006 (34 U.S.C. 20942(b)(3)) is amended by strik11 ing ‘‘child pornography and enticement cases’’ and 

12 inserting ‘‘cases involving child sexual abuse mate13 rial and enticement of children’’. 

14 (17) PROTECT OUR CHILDREN ACT OF 2008.— 

15 The PROTECT Our Children Act of 2008 (34 

16 U.S.C. 21101 et seq.) is amended— 

17 (A) in section 101(c) (34 U.S.C. 

18 21111(c))— 

19 (i) in paragraph (16)— 

20 (I) in the matter preceding sub21 paragraph (A), by striking ‘‘child por22 nography trafficking’’ and inserting 

23 ‘‘trafficking in child sexual abuse ma24 terial’’; 


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1 (II) in subparagraph (A), by 

2 striking ‘‘child pornography’’ and in3 serting ‘‘child sexual abuse material’’; 

4 (III) in subparagraph (B), by 

5 striking ‘‘child pornography’’ and in6 serting ‘‘child sexual abuse material’’; 

7 (IV) in subparagraph (C), by 

8 striking ‘‘child pornography’’ and in9 serting ‘‘child sexual abuse material’’; 

10 and 

11 (V) in subparagraph (D), by 

12 striking ‘‘child pornography’’ and in13 serting ‘‘child sexual abuse material’’; 

14 and 

15 (ii) in paragraph (17)(A), by striking 

16 ‘‘child pornography’’ and inserting ‘‘child 

17 sexual abuse material’’; and 

18 (B) in section 105(e)(1)(C) (34 U.S.C. 

19 21115(e)(1)(C)), by striking ‘‘child pornog20 raphy trafficking’’ and inserting ‘‘trafficking in 

21 child sexual abuse material’’. 

22 (18) SOCIAL SECURITY ACT.—Section 

23 471(a)(20)(A)(i) of the Social Security Act (42 

24 U.S.C. 671(a)(20)(A)(i)) is amended by striking 


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1 ‘‘child pornography’’ and inserting ‘‘offenses involv2 ing child sexual abuse material’’. 

3 (19) PRIVACY PROTECTION ACT OF 1980.—Sec4 tion 101 of the Privacy Protection Act of 1980 (42 

5 U.S.C. 2000aa) is amended— 

6 (A) in subsection (a)(1), by striking ‘‘child 

7 pornography’’ and inserting ‘‘child sexual abuse 

8 material’’; and 

9 (B) in subsection (b)(1), by striking ‘‘child 

10 pornography’’ and inserting ‘‘child sexual abuse 

11 material’’. 

12 (20) CHILD CARE AND DEVELOPMENT BLOCK

13 GRANT ACT OF 1990.—Section 658H(c)(1) of the 

14 Child Care and Development Block Grant Act of 

15 1990 (42 U.S.C. 9858f(c)(1)) is amended— 

16 (A) in subparagraph (D)(iii), by striking 

17 ‘‘child pornography’’ and inserting ‘‘offenses re18 lating to child sexual abuse material’’; and 

19 (B) in subparagraph (E), by striking 

20 ‘‘child pornography’’ and inserting ‘‘child sexual 

21 abuse material’’. 

22 (21) COMMUNICATIONS ACT OF 1934.—Title II 

23 of the Communications Act of 1934 (47 U.S.C. 201 

24 et seq.) is amended— 

25 (A) in section 223 (47 U.S.C. 223)— 


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1 (i) in subsection (a)(1)— 

2 (I) in subparagraph (A), in the 

3 undesignated matter following clause 

4 (ii), by striking ‘‘child pornography’’ 

5 and inserting ‘‘which constitutes child 

6 sexual abuse material’’; and 

7 (II) in subparagraph (B), in the 

8 undesignated matter following clause 

9 (ii), by striking ‘‘child pornography’’ 

10 and inserting ‘‘which constitutes child 

11 sexual abuse material’’; and 

12 (ii) in subsection (d)(1), in the undes13 ignated matter following subparagraph 

14 (B), by striking ‘‘child pornography’’ and 

15 inserting ‘‘that constitutes child sexual 

16 abuse material’’; and 

17 (B) in section 254(h) (47 U.S.C. 

18 254(h))— 

19 (i) in paragraph (5)— 

20 (I) in subparagraph (B)(i)(II), by 

21 striking ‘‘child pornography’’ and in22 serting ‘‘child sexual abuse material’’; 

23 and 

24 (II) in subparagraph (C)(i)(II), 

25 by striking ‘‘child pornography’’ and 


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1 inserting ‘‘child sexual abuse mate2 rial’’; 

3 (ii) in paragraph (6)— 

4 (I) in subparagraph (B)(i)(II), by 

5 striking ‘‘child pornography’’ and in6 serting ‘‘child sexual abuse material’’; 

7 and 

8 (II) in subparagraph (C)(i)(II), 

9 by striking ‘‘child pornography’’ and 

10 inserting ‘‘child sexual abuse mate11 rial’’; and 

12 (iii) in paragraph (7)(F)— 

13 (I) in the subparagraph heading, 

14 by striking ‘‘CHILD PORNOGRAPHY’’ 

15 and inserting ‘‘CHILD SEXUAL ABUSE

16 MATERIAL’’; and 

17 (II) by striking ‘‘child pornog18 raphy’’ and inserting ‘‘child sexual 

19 abuse material’’. 

20 (c) TABLE OF SECTIONS AMENDMENTS.— 

21 (1) CHAPTER 110 OF TITLE 18.—The table of 

22 sections for chapter 110 of title 18, United States 

23 Code, is amended— 

24 (A) by striking the item relating to section 

25 2252A and inserting the following: 

‘‘2252A. Certain activities relating to child sexual abuse material.’’; 


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1 (B) by striking the item relating to section 

2 2258C and inserting the following: 

‘‘2258C. Use of technical elements from reports made to the CyberTipline to 

combat child sexual abuse material.’’; 

3 (C) by striking the item relating to section 

4 2259A and inserting the following: 

‘‘2259A. Assessments in cases involving child sexual abuse material.’’; 

5 and 

6 (D) by striking the item relating to section 

7 2259B and inserting the following: 

‘‘2259B. Reserve for victims of child sexual abuse material.’’. 

8 (2) CHAPTER 117 OF TITLE 18.—The table of 

9 sections for chapter 117 of title 18, United States 

10 Code, is amended by striking the item relating to 

11 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.’’. 

12 (d) AMENDMENT TO THE FEDERAL SENTENCING

13 GUIDELINES.—Pursuant to its authority under section 

14 994(p) of title 28, United States Code, and in accordance 

15 with this section, the United States Sentencing Commis16 sion shall amend the Federal sentencing guidelines, in17 cluding application notes, to replace the terms ‘‘child por18 nography’’ and ‘‘child pornographic material’’ with ‘‘child 

19 sexual abuse material’’. 

20 (e) EFFECTIVE DATE.—The amendments made by 

21 this section to title 18 of the United States Code shall 


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1 apply to conduct that occurred before, on, or after the date 

2 of enactment of this Act. 

3 SEC. 7. MODERNIZING THE CYBERTIPLINE. 

4 (a) IN GENERAL.—Chapter 110 of title 18, United 

5 States Code, is amended— 

6 (1) in section 2258A, as amended by section 

7 6(b) of this Act— 

8 (A) in subsection (a)— 

9 (i) in paragraph (1)(B)(ii), by insert10 ing after ‘‘facts or circumstances’’ the fol11 lowing: ‘‘, including any available facts or 

12 circumstances sufficient to identify and lo13 cate each minor and each involved indi14 vidual,’’; and 

15 (ii) in paragraph (2)(A)— 

16 (I) by inserting ‘‘1591 (if the vio17 lation involves a minor),’’ before 

18 ‘‘2251,’’; and 

19 (II) by striking ‘‘or 2260’’ and 

20 inserting ‘‘2260, or 2422(b)’’; 

21 (B) in subsection (b)— 

22 (i) in paragraph (1)— 

23 (I) by inserting ‘‘or location’’ 

24 after ‘‘identity’’; and 


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1 (II) by striking ‘‘other identifying 

2 information,’’ and inserting ‘‘other in3 formation which may identify or lo4 cate the involved individual,’’; 

5 (ii) by redesignating paragraphs (2) 

6 through (5) as paragraphs (3) through (6), 

7 respectively; 

8 (iii) by inserting after paragraph (1) 

9 the following: 

10 ‘‘(2) INFORMATION ABOUT THE INVOLVED

11 MINOR.—Information relating to the identity or loca12 tion of any involved minor, which may, to the extent 

13 reasonably practicable, include the electronic mail 

14 address, Internet Protocol address, uniform resource 

15 locator, or any other information which may identify 

16 or locate any involved minor, including self-reported 

17 identifying information.’’; and 

18 (iv) by adding at the end the fol19 lowing: 

20 ‘‘(7) FORMATTING OF REPORTS.—When in its 

21 discretion a provider voluntarily includes any content 

22 described in this subsection in a report to the 

23 CyberTipline, the provider shall use best efforts to 

24 ensure that the report conforms with the structure 

25 of the CyberTipline.’’; and 


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1 (C) in subsection (d)(5)(B)— 

2 (i) in clause (i), by striking ‘‘for3 warded’’ and inserting ‘‘made available’’; 

4 and 

5 (ii) in clause (ii), by striking ‘‘for6 warded’’ and inserting ‘‘made available’’; 

7 (2) in section 2258B— 

8 (A) in subsection (a)— 

9 (i) by striking ‘‘arising from the per10 formance’’ and inserting the following: ‘‘, 

11 may not be brought in any Federal or 

12 State court if the claim or charge is di13 rectly attributable to— 

14 ‘‘(1) the performance’’; 

15 (ii) in paragraph (1), as so des16 ignated, by striking ‘‘may not be brought 

17 in any Federal or State court.’’ and insert18 ing a semicolon; and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(2) transmitting, distributing, or mailing child 

22 sexual abuse material to any Federal, State, or local 

23 law enforcement agency, or giving such agency ac24 cess to child sexual abuse material, in response to a 


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1 search warrant, court order, or other legal process 

2 issued by such agency; or 

3 ‘‘(3) research voluntarily undertaken by the 

4 provider or domain name registrar using any mate5 rial being preserved under section 2258A(h), if the 

6 research is only for the purpose of— 

7 ‘‘(A) improving or facilitating reporting 

8 under this section, section 2258A, or section 

9 2258C; or 

10 ‘‘(B) stopping the online sexual exploi11 tation of children.’’; and 

12 (B) in subsection (b)(2)(C)— 

13 (i) by striking ‘‘the performance of’’; 

14 (ii) by inserting ‘‘described in or per15 formed’’ after ‘‘function’’; and 

16 (iii) by striking ‘‘this section, sec17 tions’’ and inserting ‘‘this section or sec18 tion’’; and 

19 (3) in section 2258C, as amended by section 

20 6(b) of this Act— 

21 (A) in the section heading, by striking 

22 ‘‘the CyberTipline’’ and inserting 

23 ‘‘NCMEC’’; 

24 (B) in subsection (a)— 

25 (i) in paragraph (1)— 


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1 (I) by striking ‘‘NCMEC’’ and 

2 inserting the following: 

3 ‘‘(A) PROVISION TO PROVIDERS.— 

4 NCMEC’’; 

5 (II) in subparagraph (A), as so 

6 designated, by inserting ‘‘or submis7 sion to the child victim identification 

8 program described in section 

9 404(b)(1)(K)(ii) of the Juvenile Jus10 tice and Delinquency Prevention Act 

11 of 1974 (34 U.S.C. 

12 11293(b)(1)(K)(ii))’’ after 

13 ‘‘CyberTipline report’’; and 

14 (III) by adding at the end the 

15 following: 

16 ‘‘(B) PROVISION TO NON-PROFIT ENTI17 TIES.—NCMEC may provide hash values or 

18 similar technical identifiers associated with vis19 ual depictions provided in a CyberTipline report 

20 or submission to the child victim identification 

21 program described in section 404(b)(1)(K)(ii) 

22 of the Juvenile Justice and Delinquency Pre23 vention Act of 1974 (34 U.S.C. 

24 11293(b)(1)(K)(ii)) to a non-profit entity for 

25 the sole and exclusive purpose of preventing 


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1 and curtailing the online sexual exploitation of 

2 children.’’; and 

3 (ii) in paragraph (2)— 

4 (I) by inserting ‘‘(A)’’ after 

5 ‘‘(1)’’; 

6 (II) by inserting ‘‘or submission 

7 to the child victim identification pro8 gram described in section 

9 404(b)(1)(K)(ii) of the Juvenile Jus10 tice and Delinquency Prevention Act 

11 of 1974 (34 U.S.C. 

12 11293(b)(1)(K)(ii))’’ after 

13 ‘‘CyberTipline report’’; and 

14 (III) by adding at the end the 

15 following: ‘‘The elements authorized 

16 under paragraph (1)(B) shall be lim17 ited to hash values or similar tech18 nical identifiers associated with visual 

19 depictions provided in a CyberTipline 

20 report or submission to the child vic21 tim identification program described 

22 in section 404(b)(1)(K)(ii) of the Ju23 venile Justice and Delinquency Pre24 vention Act of 1974 (34 U.S.C. 

25 11293(b)(1)(K)(ii)).’’; and 


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1 (C) in subsection (d), by inserting ‘‘or to 

2 the child victim identification program de3 scribed in section 404(b)(1)(K)(ii) of the Juve4 nile Justice and Delinquency Prevention Act of 

5 1974 (34 U.S.C. 11293(b)(1)(K)(ii))’’ after 

6 ‘‘CyberTipline’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

8 The table of sections for chapter 110 of title 18, United 

9 States Code, is amended by striking the item relating to 

10 section 2258C (as amended by section 6(c)(1)(B) of this 

11 Act) and inserting the following: 

‘‘2258C. Use of technical elements from reports made to NCMEC to combat 

child sexual abuse material.’’. 

12 SEC. 8. ELIMINATING NETWORK DISTRIBUTION OF CHILD 

13 EXPLOITATION. 

14 Section 2258A(h) of title 18, United States Code, is 

15 amended— 

16 (1) in paragraph (1), by striking ‘‘90 days’’ and 

17 inserting ‘‘1 year’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(5) EXTENSION OF PRESERVATION.—A pro20 vider of a report to the CyberTipline may voluntarily 

21 preserve the contents provided in the report (includ22 ing any comingled content described in paragraph 

23 (2)) for longer than 1 year after the submission to 

24 the CyberTipline for the purpose of reducing the 


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•S 1207 RS

1 proliferation of online child sexual exploitation or 

2 preventing the online sexual exploitation of chil3 dren.’’. 

4 SEC. 9. IT SOLUTIONS RELATING TO COMBATING ONLINE 

5 CHILD EXPLOITATION. 

6 Title IV of the Juvenile Justice and Delinquency Pre7 vention Act of 1974 (34 U.S.C. 11291 et seq.) is amend8 ed— 

9 (1) by redesignating section 409 (34 U.S.C. 

10 11297) as section 410; and 

11 (2) by inserting after section 408 (34 U.S.C. 

12 11296) the following: 

13 ‘‘SEC. 409. IT SOLUTIONS RELATING TO COMBATING ON14 LINE CHILD EXPLOITATION. 

15 ‘‘(a) DEVELOPMENT OF IT SOLUTIONS.—The Ad16 ministrator shall enable the development of information 

17 technology solutions and the creation and acquisition of 

18 innovative tools to implement updates, improvements, and 

19 modernization needed to enhance efforts to combat online 

20 child exploitation in order to ensure that consistent, ac21 tionable information is provided to law enforcement agen22 cies, including Internet Crimes Against Children (com23 monly known as ‘ICAC’) task forces. 

24 ‘‘(b) CONSULTATION WITH PARTNERS.—In devel25 oping the information technology solutions under subVerDate Sep 11 2014 23:30 May 15, 2023 Jkt 039200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S1207.RS S1207

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•S 1207 RS

1 section (a), the Administrator shall solicit input from all 

2 partners in the effort to combat online child exploitation, 

3 including the Center, ICAC task forces, the Federal Bu4 reau of Investigation, the Department of Homeland Secu5 rity, U.S. Immigration and Customs Enforcement, Home6 land Security Investigations, and the United States Mar7 shals Service. 

8 ‘‘(c) FUNDING.—Each fiscal year, the Administrator 

9 shall carry out this section using not less than $1,000,000 

10 of the amounts made available to carry out this title for 

11 that fiscal year.’’. 

12 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated such sums 

14 as may be necessary to carry out this Act. 

15 SEC. 11. SEVERABILITY. 

16 If any provision of this Act or any amendment made 

17 by this Act, or any application of such provision or amend18 ment to any person or circumstance, is held to be uncon19 stitutional, the remainder of the provisions of this Act and 

20 the amendments made by this Act, and the application of 

21 the provision or amendment to any other person or cir22 cumstance, shall not be affected. 


kjohnson on DSK79L0C42PROD with BILLS
Calendar No. 70 

118TH CONGRESS 

1ST SESSION S. 1207 

A BILL 

To establish a National Commission on Online 

other purposes. Child Sexual Exploitation Prevention, and for 

MAY 15, 2023 

Reported with amendments 


kjohnson on DSK79L0C42PROD with BILLS