II 

117TH CONGRESS 

2D SESSION S. 3538 

To establish a National Commission on Online Child Sexual Exploitation 

Prevention, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 31, 2022 

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

Mrs. FEINSTEIN, Mr. CORNYN, Mr. WHITEHOUSE, Mr. HAWLEY, Ms. 

HIRONO, Mr. KENNEDY, Mr. CASEY, Mrs. BLACKBURN, Ms. CORTEZ

MASTO, Ms. COLLINS, Ms. HASSAN, Ms. ERNST, Mr. WARNER, Mrs. 

HYDE-SMITH, Ms. MURKOWSKI, and Mr. PORTMAN) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To establish a National Commission on Online Child Sexual 

Exploitation Prevention, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 and Rampant Neglect of Interactive Technologies Act of 

6 2022’’ or the ‘‘EARN IT Act of 2022’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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

2 means the National Commission on Online Child 

3 Sexual Exploitation Prevention. 

4 (2) INTERACTIVE COMPUTER SERVICE.—The 

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

6 given the term in section 230(f)(2) of the Commu7 nications Act of 1934 (47 U.S.C. 230(f)(2)). 

8 SEC. 3. NATIONAL COMMISSION ON ONLINE CHILD SEXUAL 

9 EXPLOITATION PREVENTION. 

10 (a) ESTABLISHMENT.—There is established a Na11 tional Commission on Online Child Sexual Exploitation 

12 Prevention. 

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

14 develop recommended best practices that providers of 

15 interactive computer services may choose to implement to 

16 prevent, reduce, and respond to the online sexual exploi17 tation of children, including the enticement, grooming, sex 

18 trafficking, and sexual abuse of children and the prolifera19 tion of online child sexual abuse material. 

20 (c) MEMBERSHIP.— 

21 (1) COMPOSITION.— 

22 (A) IN GENERAL.—The Commission shall 

23 be composed of 19 members. 


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1 (B) AGENCY HEADS.—The following Fed2 eral officials shall serve as members of the 

3 Commission: 

4 (i) The Attorney General or his or her 

5 representative. 

6 (ii) The Secretary of Homeland Secu7 rity or his or her representative. 

8 (iii) The Chairman of the Federal 

9 Trade Commission or his or her represent10 ative. 

11 (C) OTHER MEMBERS.—Of the remaining 

12 16 members of the Commission— 

13 (i) 4 shall be appointed by the major14 ity leader of the Senate, of whom— 

15 (I) 1 shall have the qualifications 

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

17 paragraph (2)(A); 

18 (II) 1 shall have the qualifica19 tions required under paragraph 

20 (2)(B); 

21 (III) 1 shall have the qualifica22 tions required under clause (i) or (ii) 

23 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 (ii) 4 shall be appointed by the minor5 ity leader of the Senate, of whom— 

6 (I) 1 shall have the qualifications 

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

8 paragraph (2)(A); 

9 (II) 1 shall have the qualifica10 tions required under paragraph 

11 (2)(B); 

12 (III) 1 shall have the qualifica13 tions required under clause (i) or (ii) 

14 of paragraph (2)(C); and 

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

17 of paragraph (2)(D); 

18 (iii) 4 shall be appointed by the 

19 Speaker of the House of Representatives, 

20 of whom— 

21 (I) 1 shall have the qualifications 

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

23 paragraph (2)(A); 


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1 (II) 1 shall have the qualifica2 tions required under paragraph 

3 (2)(B); 

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

6 of paragraph (2)(C); and 

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

9 of paragraph (2)(D); and 

10 (iv) 4 shall be appointed by the minor11 ity leader of the House of Representatives, 

12 of whom— 

13 (I) 1 shall have the qualifications 

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

15 paragraph (2)(A); 

16 (II) 1 shall have the qualifica17 tions required under paragraph 

18 (2)(B); 

19 (III) 1 shall have the qualifica20 tions required under clause (i) or (ii) 

21 of paragraph (2)(C); and 

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

24 of paragraph (2)(D). 


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

2 the Commission appointed under paragraph 

3 (1)(C)— 

4 (A) 4 shall have current experience in in5 vestigating online child sexual exploitation 

6 crimes, of whom— 

7 (i) 2 shall have such experience in a 

8 law enforcement capacity; and 

9 (ii) 2 shall have such experience in a 

10 prosecutorial capacity; 

11 (B) 4 shall be survivors of online child sex12 ual exploitation, or have current experience in 

13 providing services for victims of online child 

14 sexual exploitation in a non-governmental ca15 pacity; 

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

17 matters related to consumer protection, civil lib18 erties, civil rights, or privacy; and 

19 (ii) 2 shall have current experience in com20 puter science or software engineering related to 

21 matters of cryptography, data security, or arti22 ficial intelligence in a non-governmental capac23 ity; and 

24 (D) 4 shall be individuals who each cur25 rently work for an interactive computer service 


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1 that is unrelated to each other interactive com2 puter service represented under this subpara3 graph, representing diverse types of businesses 

4 and areas of professional expertise, of whom— 

5 (i) 2 shall have current experience in 

6 addressing online child sexual exploitation 

7 and promoting child safety at an inter8 active computer service with not less than 

9 30,000,000 monthly users in the United 

10 States; and 

11 (ii) 2 shall have current experience in 

12 addressing online child sexual exploitation 

13 and promoting child safety at an inter14 active computer service with less than 

15 10,000,000 monthly users in the United 

16 States. 

17 (3) DATE.—The initial appointments of mem18 bers to the Commission under paragraph (1)(C) 

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

20 of enactment of this Act. 

21 (d) PERIOD OF APPOINTMENT; VACANCIES.— 

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

23 the Commission shall be appointed for a term of 5 

24 years. 

25 (2) VACANCIES.— 


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1 (A) EFFECT ON COMMISSION.—Any va2 cancy in the Commission shall not affect the 

3 powers of the Commission. 

4 (B) FILLING OF VACANCIES.—A vacancy 

5 in the Commission shall be filled in the same 

6 manner as the original appointment under sub7 section (c)(1). 

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

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

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

11 Commission have been appointed. 

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

13 her representative shall serve as the Chairperson of the 

14 Commission. 

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

16 Commission shall constitute a quorum, but a lesser num17 ber of members may hold a meeting. 

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

19 call of the Chairperson. 

20 (i) AUTHORITY OF COMMISSION.—The Commission 

21 may, for the purpose of carrying out this section and sec22 tion 4, hold such hearings, sit and act at such times and 

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

24 the Commission considers appropriate. 

25 (j) INFORMATION FROM FEDERAL AGENCIES.— 


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

2 directly from any Federal department or agency 

3 such information as the Commission considers nec4 essary to carry out this section and section 4. 

5 (2) FURNISHING INFORMATION.—Upon request 

6 of the Chairperson of the Commission for informa7 tion under paragraph (1), the head of a Federal de8 partment or agency shall furnish the information to 

9 the Commission, unless the information is subject to 

10 an active investigation or otherwise privileged or 

11 confidential. 

12 (k) TRAVEL EXPENSES.—A member of the Commis13 sion shall serve without compensation, but shall be allowed 

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

15 at rates authorized for employees of agencies under sub16 chapter I of chapter 57 of title 5, United States Code, 

17 while away from the home or regular places of business 

18 of the member in the performance of services for the Com19 mission. 

20 (l) DURATION.—Section 14 of the Federal Advisory 

21 Committee Act (5 U.S.C. App.) shall not apply to the 

22 Commission. 

23 SEC. 4. DUTIES OF THE COMMISSION. 

24 (a) RECOMMENDED BEST PRACTICES.— 

25 (1) INITIAL RECOMMENDATIONS.— 


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1 (A) IN GENERAL.—Not later than 18 

2 months after the date on which a majority of 

3 the members of the Commission required to be 

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

5 appointed, the Commission shall develop and 

6 submit to the Attorney General recommended 

7 best practices that providers of interactive com8 puter services may choose to engage in to pre9 vent, reduce, and respond to the online sexual 

10 exploitation of children, including the entice11 ment, grooming, sex trafficking, and sexual 

12 abuse of children and the proliferation of online 

13 child sexual abuse material. 

14 (B) REQUIREMENTS.— 

15 (i) ALTERNATIVE BEST PRACTICES.— 

16 The best practices required to be developed 

17 and submitted under subparagraph (A) 

18 shall include alternatives that take into 

19 consideration— 

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

21 business model of a provider of an 

22 interactive computer service; 

23 (II) whether an interactive com24 puter service— 


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1 (aa) is made available to the 

2 public; 

3 (bb) is primarily responsible 

4 for hosting, storage, display, and 

5 retrieval of information on behalf 

6 of third parties, including pro7 viders of other interactive com8 puter services; or 

9 (cc) provides the capability 

10 to transmit data to and receive 

11 data from all or substantially all 

12 internet endpoints on behalf of a 

13 consumer; and 

14 (III) whether a type of product, 

15 business model, product design, or 

16 other factors related to the provision 

17 of an interactive computer service 

18 could make a product or service sus19 ceptible to the use and facilitation of 

20 online child sexual exploitation. 

21 (ii) SCOPE.—Notwithstanding para22 graph (3), the alternatives described in 

23 clause (i) of this subparagraph may ex24 clude certain matters required to be ad25 dressed under paragraph (3), as the ComVerDate Sep 11 2014 03:52 Feb 01, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3538.IS S3538

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1 mission determines appropriate based on 

2 the nature of particular products or serv3 ices, the factors described in such clause 

4 (i), or other factors relevant to the pur5 poses of this Act. 

6 (2) SUPPORT REQUIREMENT.—The Commission 

7 may only recommend the best practices under para8 graph (1) if not fewer than 14 members of the Com9 mission support the best practices. 

10 (3) MATTERS ADDRESSED.—The matters ad11 dressed by the recommended best practices devel12 oped and submitted by the Commission under para13 graph (1) shall include— 

14 (A) preventing, identifying, disrupting, and 

15 reporting online child sexual exploitation; 

16 (B) coordinating with non-profit organiza17 tions and other providers of interactive com18 puter services to preserve, remove from view, 

19 and report online child sexual exploitation; 

20 (C) retaining child sexual exploitation con21 tent and related user identification and location 

22 data; 

23 (D) receiving and triaging reports of online 

24 child sexual exploitation by users of interactive 

25 computer services, including self-reporting; 


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1 (E) implementing a standard rating and 

2 categorization system to identify the type and 

3 severity of child sexual abuse material; 

4 (F) training and supporting content mod5 erators who review child sexual exploitation con6 tent for the purposes of preventing and dis7 rupting online child sexual exploitation; 

8 (G) preparing and issuing transparency re9 ports, including disclosures in terms of service, 

10 relating to identifying, categorizing, and report11 ing online child sexual exploitation and efforts 

12 to prevent and disrupt online child sexual ex13 ploitation; 

14 (H) coordinating with voluntary initiatives 

15 offered among and to providers of interactive 

16 computer services relating to identifying, cat17 egorizing, and reporting online child sexual ex18 ploitation; 

19 (I) employing age rating and age gating 

20 systems to reduce online child sexual exploi21 tation; 

22 (J) offering parental control products that 

23 enable customers to limit the types of websites, 

24 social media platforms, and internet content 

25 that are accessible to children; and 


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1 (K) contractual and operational practices 

2 to ensure third parties, contractors, and affili3 ates comply with the best practices. 

4 (4) RELEVANT CONSIDERATIONS.—In devel5 oping best practices under paragraph (1), the Com6 mission shall consider— 

7 (A) the cost and technical limitations of 

8 implementing the best practices; 

9 (B) the impact on competition, product 

10 and service quality, data security, and privacy; 

11 (C) the impact on the ability of law en12 forcement agencies to investigate and prosecute 

13 child sexual exploitation and rescue victims; and 

14 (D) the current state of technology. 

15 (5) PERIODIC UPDATES.—Not less frequently 

16 than once every 5 years, the Commission shall up17 date and resubmit to the Attorney General rec18 ommended best practices under paragraph (1). 

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

20 than 30 days after the date on which the Commission sub21 mits recommended best practices under subsection (a), in22 cluding updated recommended best practices under para23 graph (5) of that subsection, the Attorney General shall 

24 publish the recommended best practices on the website of 

25 the Department of Justice and in the Federal Register. 


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1 SEC. 5. PROTECTING VICTIMS OF ONLINE CHILD SEXUAL 

2 ABUSE. 

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

4 (47 U.S.C. 230(e)) is amended by adding at the end the 

5 following: 

6 ‘‘(6) NO EFFECT ON CHILD SEXUAL EXPLOI7 TATION LAW.—Nothing in this section (other than 

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

9 limit— 

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

11 against a provider of an interactive computer 

12 service under section 2255 of title 18, United 

13 States Code, if the conduct underlying the 

14 claim constitutes a violation of section 2252 or 

15 section 2252A of that title; 

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

17 brought against a provider of an interactive 

18 computer service under State law regarding the 

19 advertisement, promotion, presentation, dis20 tribution, or solicitation of child sexual abuse 

21 material, as defined in section 2256(8) of title 

22 18, United States Code; or 

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

24 against a provider of an interactive computer 

25 service under State law regarding the advertise26 ment, promotion, presentation, distribution, or 


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1 solicitation of child sexual abuse material, as 

2 defined in section 2256(8) of title 18, United 

3 States Code. 

4 ‘‘(7) ENCRYPTION TECHNOLOGIES.— 

5 ‘‘(A) IN GENERAL.—Notwithstanding para6 graph (6), none of the following actions or cir7 cumstances shall serve as an independent basis 

8 for liability of a provider of an interactive com9 puter service for a claim or charge described in 

10 that paragraph: 

11 ‘‘(i) The provider utilizes full end-to12 end encrypted messaging services, device 

13 encryption, or other encryption services. 

14 ‘‘(ii) The provider does not possess 

15 the information necessary to decrypt a 

16 communication. 

17 ‘‘(iii) The provider fails to take an ac18 tion that would otherwise undermine the 

19 ability of the provider to offer full end-to20 end encrypted messaging services, device 

21 encryption, or other encryption services. 

22 ‘‘(B) CONSIDERATION OF EVIDENCE.— 

23 Nothing in subparagraph (A) shall be construed 

24 to prohibit a court from considering evidence of 

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1 paragraph if the evidence is otherwise admis2 sible.’’. 

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

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that the term ‘‘child sexual abuse material’’ has the 

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

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

8 the date of enactment of this Act. 

9 (b) AMENDMENTS.— 

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

11 65 of title 5, United States Code, is amended— 

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

13 ‘‘child pornography’’ and inserting ‘‘child sexual 

14 abuse material’’; and 

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

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

17 abuse material’’. 

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

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

20 seq.) is amended— 

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

22 187(b)(3)(D)), by striking ‘‘child pornography’’ 

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

24 and 

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


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

2 striking ‘‘child pornography’’ and inserting 

3 ‘‘child sexual abuse material’’; and 

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

5 striking ‘‘child pornography’’ and inserting 

6 ‘‘child sexual abuse material’’. 

7 (3) IMMIGRATION AND NATIONALITY ACT.—Sec8 tion 101(a)(43)(I) of the Immigration and Nation9 ality Act (8 U.S.C. 1101(a)(43)(I)) is amended by 

10 striking ‘‘child pornography’’ and inserting ‘‘child 

11 sexual abuse material’’. 

12 (4) SMALL BUSINESS JOBS ACT OF 2010.—Sec13 tion 3011(c) of the Small Business Jobs Act of 2010 

14 (12 U.S.C. 5710(c)) is amended by striking ‘‘child 

15 pornography’’ and inserting ‘‘child sexual abuse ma16 terial’’. 

17 (5) BROADBAND DATA IMPROVEMENT ACT.— 

18 Section 214(a)(2) of the Broadband Data Improve19 ment Act (15 U.S.C. 6554(a)(2)) is amended by 

20 striking ‘‘child pornography’’ and inserting ‘‘child 

21 sexual abuse material’’. 

22 (6) CAN-SPAM ACT OF 2003.—Section 

23 4(b)(2)(B) of the CAN-SPAM Act of 2003 (15 

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


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1 pornography’’ and inserting ‘‘child sexual abuse ma2 terial’’. 

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

4 United States Code, is amended— 

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

6 ‘‘child pornography’’ each place the term ap7 pears and inserting ‘‘child sexual abuse mate8 rial’’; 

9 (B) in chapter 110— 

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

11 ‘‘child pornography’’ and inserting ‘‘child 

12 sexual abuse material’’; 

13 (ii) in section 2252(b)— 

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

15 ‘‘child pornography’’ and inserting 

16 ‘‘child sexual abuse material’’; and 

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

18 ‘‘child pornography’’ and inserting 

19 ‘‘child sexual abuse material’’; 

20 (iii) in section 2252A— 

21 (I) in the section heading, by 

22 striking ‘‘material constituting 

23 or containing child pornog24 raphy’’ and inserting ‘‘child sex25 ual abuse material’’; 


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1 (II) in subsection (a)— 

2 (aa) in paragraph (1), by 

3 striking ‘‘child pornography’’ and 

4 inserting ‘‘child sexual abuse ma5 terial’’; 

6 (bb) in paragraph (2)— 

7 (AA) in subparagraph 

8 (A), by striking ‘‘child por9 nography’’ and inserting 

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

12 (BB) in subparagraph 

13 (B), by striking ‘‘material 

14 that contains child pornog15 raphy’’ and inserting ‘‘child 

16 sexual abuse material’’; 

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

18 striking ‘‘child pornography’’ and 

19 inserting ‘‘child sexual abuse ma20 terial’’; 

21 (dd) in paragraph (4)— 

22 (AA) in subparagraph 

23 (A), by striking ‘‘child por24 nography’’ and inserting 


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

3 (BB) in subparagraph 

4 (B), by striking ‘‘child por5 nography’’ and inserting 

6 ‘‘child sexual abuse mate7 rial’’; 

8 (ee) in paragraph (5)— 

9 (AA) in subparagraph 

10 (A), by striking ‘‘material 

11 that contains an image of 

12 child pornography’’ and in13 serting ‘‘item containing 

14 child sexual abuse material’’; 

15 and 

16 (BB) in subparagraph 

17 (B), by striking ‘‘material 

18 that contains an image of 

19 child pornography’’ and in20 serting ‘‘item containing 

21 child sexual abuse material’’; 

22 and 

23 (ff) in paragraph (7)— 

24 (AA) by striking ‘‘child 

25 pornography’’ and inserting 


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

3 (BB) by striking the 

4 period at the end and insert5 ing a comma; 

6 (III) in subsection (b)— 

7 (aa) in paragraph (1), by 

8 striking ‘‘child pornography’’ and 

9 inserting ‘‘child sexual abuse ma10 terial’’; and 

11 (bb) in paragraph (2), by 

12 striking ‘‘child pornography’’ 

13 each place the term appears and 

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

16 (IV) in subsection (c)— 

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

18 striking ‘‘child pornography’’ and 

19 inserting ‘‘child sexual abuse ma20 terial’’; 

21 (bb) in paragraph (2), by 

22 striking ‘‘child pornography’’ and 

23 inserting ‘‘child sexual abuse ma24 terial’’; and 


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1 (cc) in the undesignated 

2 matter following paragraph (2), 

3 by striking ‘‘child pornography’’ 

4 and inserting ‘‘child sexual abuse 

5 material’’; 

6 (V) in subsection (d)(1), by strik7 ing ‘‘child pornography’’ and inserting 

8 ‘‘child sexual abuse material’’; and 

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

10 ‘‘child pornography’’ each place the 

11 term appears and inserting ‘‘child sex12 ual abuse material’’; 

13 (iv) in section 2256(8)— 

14 (I) by striking ‘‘child pornog15 raphy’’ and inserting ‘‘child sexual 

16 abuse material’’; and 

17 (II) by striking the period at the 

18 end and inserting a semicolon; 

19 (v) in section 2257A(h)— 

20 (I) in paragraph (1)(A)(iii)— 

21 (aa) by inserting a comma 

22 after ‘‘marketed’’; 

23 (bb) by striking ‘‘such than’’ 

24 and inserting ‘‘such that’’; and 


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1 (cc) by striking ‘‘a visual de2 piction that is child pornog3 raphy’’ and inserting ‘‘child sex4 ual abuse material’’; and 

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

6 ‘‘any visual depiction that is child por7 nography’’ and inserting ‘‘child sexual 

8 abuse material’’; 

9 (vi) in section 2258A— 

10 (I) in subsection (a)(2)— 

11 (aa) in subparagraph (A), 

12 by striking ‘‘child pornography’’ 

13 and inserting ‘‘child sexual abuse 

14 material’’; and 

15 (bb) in subparagraph (B), 

16 by striking ‘‘child pornography’’ 

17 and inserting ‘‘child sexual abuse 

18 material’’; 

19 (II) in subsection (b)— 

20 (aa) in paragraph (4)— 

21 (AA) in the paragraph 

22 heading, by striking ‘‘VIS23 UAL DEPICTIONS OF APPAR24 ENT CHILD PORNOGRAPHY’’ 

25 and inserting ‘‘APPARENT


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1 CHILD SEXUAL ABUSE MA2 TERIAL’’; and 

3 (BB) by striking ‘‘vis4 ual depiction of apparent 

5 child pornography’’ and in6 serting ‘‘apparent child sex7 ual abuse material’’; and 

8 (bb) in paragraph (5), by 

9 striking ‘‘visual depiction of ap10 parent child pornography’’ and 

11 inserting ‘‘apparent child sexual 

12 abuse material’’; and 

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

14 striking ‘‘visual depictions of apparent 

15 child pornography’’ and inserting ‘‘ap16 parent child sexual abuse material’’; 

17 (vii) in section 2258C— 

18 (I) in the section heading, by 

19 striking ‘‘Use to combat child 

20 pornography of technical ele21 ments relating to reports 

22 made to the CyberTipline’’ and 

23 inserting ‘‘Use of technical ele24 ments from reports made to 


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1 the CyberTipline to combat 

2 child sexual abuse material’’; 

3 (II) in subsection (a)— 

4 (aa) in paragraph (2), by 

5 striking ‘‘child pornography’’ and 

6 inserting ‘‘child sexual abuse ma7 terial’’; and 

8 (bb) in paragraph (3), by 

9 striking ‘‘the actual visual depic10 tions of apparent child pornog11 raphy’’ and inserting ‘‘any appar12 ent child sexual abuse material’’; 

13 (III) in subsection (d), by strik14 ing ‘‘child pornography visual depic15 tion’’ and inserting ‘‘child sexual 

16 abuse material visual depiction’’; and 

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

18 ‘‘child pornography visual depiction’’ 

19 and inserting ‘‘child sexual abuse ma20 terial visual depiction’’; 

21 (viii) in section 2259— 

22 (I) in paragraph (b)(2)— 

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1 RAPHY’’ and inserting ‘‘CHILD

2 SEXUAL ABUSE MATERIAL’’; 

3 (bb) in the matter preceding 

4 subparagraph (A), by striking 

5 ‘‘child pornography’’ and insert6 ing ‘‘child sexual abuse mate7 rial’’; and 

8 (cc) in subparagraph (A), by 

9 striking ‘‘child pornography’’ and 

10 inserting ‘‘child sexual abuse ma11 terial’’; 

12 (II) in subsection (c)— 

13 (aa) in paragraph (1)— 

14 (AA) in the paragraph 

15 heading, by striking ‘‘CHILD

16 PORNOGRAPHY PRODUC17 TION’’ and inserting ‘‘PRO18 DUCTION OF CHILD SEXUAL

19 ABUSE MATERIAL’’; 

20 (BB) by striking ‘‘child 

21 pornography production’’ 

22 and inserting ‘‘production of 

23 child sexual abuse material’’; 

24 and 


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28 

•S 3538 IS

1 (CC) by striking ‘‘pro2 duction of child pornog3 raphy’’ and inserting ‘‘pro4 duction of child sexual abuse 

5 material’’; 

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

7 matter preceding subparagraph 

8 (A), by striking ‘‘trafficking in 

9 child pornography offenses’’ each 

10 place the term appears and in11 serting ‘‘offenses for trafficking 

12 in child sexual abuse material’’; 

13 and 

14 (cc) in paragraph (3)— 

15 (AA) in the paragraph 

16 heading, by striking ‘‘CHILD

17 PORNOGRAPHY’’ and insert18 ing ‘‘CHILD SEXUAL ABUSE

19 MATERIAL’’; and 

20 (BB) by striking ‘‘child 

21 pornography’’ and inserting 

22 ‘‘child sexual abuse mate23 rial’’; and 

24 (III) in subsection (d)(1)— 

25 (aa) in subparagraph (A)— 


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•S 3538 IS

1 (AA) by striking ‘‘child 

2 pornography’’ each place the 

3 term appears and inserting 

4 ‘‘child sexual abuse mate5 rial’’; and 

6 (BB) by striking ‘‘Child 

7 Pornography Victims Re8 serve’’ and inserting ‘‘Re9 serve for Victims of Child 

10 Sexual Abuse Material’’; 

11 (bb) in subparagraph (B), 

12 by striking ‘‘child pornography’’ 

13 and inserting ‘‘child sexual abuse 

14 material’’; and 

15 (cc) in subparagraph (C)— 

16 (AA) by striking ‘‘child 

17 pornography’’ and inserting 

18 ‘‘child sexual abuse mate19 rial’’; and 

20 (BB) by striking ‘‘Child 

21 Pornography Victims Re22 serve’’ and inserting ‘‘Re23 serve for Victims of Child 

24 Sexual Abuse Material’’; 

25 (ix) in section 2259A— 


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•S 3538 IS

1 (I) in the section heading, by 

2 striking ‘‘child pornography 

3 cases’’ and inserting ‘‘cases in4 volving child sexual abuse 

5 material’’; 

6 (II) in subsection (a)— 

7 (aa) in paragraph (2), by 

8 striking ‘‘child pornography’’ and 

9 inserting ‘‘child sexual abuse ma10 terial’’; and 

11 (bb) in paragraph (3), by 

12 striking ‘‘a child pornography 

13 production offense’’ and inserting 

14 ‘‘an offense for production of 

15 child sexual abuse material’’; and 

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

17 striking ‘‘child pornography produc18 tion or trafficking offense that the de19 fendant committed’’ and inserting ‘‘of20 fense for production of child sexual 

21 abuse material or trafficking in child 

22 sexual abuse material committed by 

23 the defendant’’; and 

24 (x) in section 2259B— 


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•S 3538 IS

1 (I) in the section heading, by 

2 striking ‘‘Child pornography 

3 victims reserve’’ and inserting 

4 ‘‘Reserve for child sexual 

5 abuse material’’; 

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

7 ‘‘Child Pornography Victims Reserve’’ 

8 each place the term appears and in9 serting ‘‘Reserve for Victims of Child 

10 Sexual Abuse Material’’; 

11 (III) in subsection (b), by strik12 ing ‘‘Child Pornography Victims Re13 serve’’ each place the term appears 

14 and inserting ‘‘Reserve for Victims of 

15 Child Sexual Abuse Material’’; and 

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

17 ‘‘Child Pornography Victims Reserve’’ 

18 and inserting ‘‘Reserve for Victims of 

19 Child Sexual Abuse Material’’; 

20 (C) in chapter 117— 

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

22 ‘‘child pornography’’ and inserting ‘‘child 

23 sexual abuse material’’; and 

24 (ii) in section 2427— 


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•S 3538 IS

1 (I) in the section heading, by 

2 striking ‘‘child pornography’’ 

3 and inserting ‘‘child sexual abuse 

4 material’’; and 

5 (II) by striking ‘‘child pornog6 raphy’’ and inserting ‘‘child sexual 

7 abuse material’’; 

8 (D) in section 2516— 

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

10 ‘‘material constituting or containing child 

11 pornography’’ and inserting ‘‘child sexual 

12 abuse material’’; and 

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

14 ‘‘child pornography production’’ and in15 serting ‘‘production of child sexual abuse 

16 material’’; 

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

18 ‘‘child pornography victims’’ and inserting ‘‘vic19 tims of child sexual abuse material’’; 

20 (F) in section 3509— 

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

22 ‘‘child pornography’’ and inserting ‘‘child 

23 sexual abuse material’’; and 

24 (ii) in subsection (m)— 


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•S 3538 IS

1 (I) in the subsection heading, by 

2 striking ‘‘CHILD PORNOGRAPHY’’ and 

3 inserting ‘‘CHILD SEXUAL ABUSE

4 MATERIAL’’; 

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

6 ‘‘property or material that constitutes 

7 child pornography (as defined by sec8 tion 2256 of this title)’’ and inserting 

9 ‘‘child sexual abuse material (as de10 fined by section 2256 of this title), or 

11 property or items containing such ma12 terial,’’; 

13 (III) in paragraph (2)— 

14 (aa) in subparagraph (A)— 

15 (AA) by striking ‘‘prop16 erty or material that con17 stitutes child pornography 

18 (as defined by section 2256 

19 of this title)’’ and inserting 

20 ‘‘child sexual abuse material 

21 (as defined by section 2256 

22 of this title), or property or 

23 items containing such mate24 rial,’’; and 


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•S 3538 IS

1 (BB) by striking ‘‘the 

2 property or material’’ and 

3 inserting ‘‘the child sexual 

4 abuse material, property, or 

5 items’’; and 

6 (bb) in subparagraph (B), 

7 by striking ‘‘property or mate8 rial’’ each place the term appears 

9 and inserting ‘‘child sexual abuse 

10 material, property, or items’’; 

11 and 

12 (IV) in paragraph (3)— 

13 (aa) by striking ‘‘property or 

14 material that constitutes child 

15 pornography, as defined under 

16 section 2256(8)’’ and inserting 

17 ‘‘child sexual abuse material (as 

18 defined by section 2256 of this 

19 title)’’; 

20 (bb) by striking ‘‘such child 

21 pornography’’ and inserting 

22 ‘‘such child sexual abuse mate23 rial’’; and 

24 (cc) by striking ‘‘Such prop25 erty or material’’ and inserting 


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•S 3538 IS

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

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

4 striking ‘‘material constituting or containing 

5 child pornography’’ and inserting ‘‘child sexual 

6 abuse material’’. 

7 (8) TARIFF ACT OF 1930.—Section 

8 583(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 

9 1583(a)(2)(B)) is amended by striking ‘‘child por10 nography’’ and inserting ‘‘child sexual abuse mate11 rial’’. 

12 (9) ELEMENTARY AND SECONDARY EDUCATION

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

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

15 is amended— 

16 (A) in subsection (a)— 

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

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

19 sexual abuse material’’; and 

20 (ii) in paragraph (2)(A)(ii), by strik21 ing ‘‘child pornography’’ and inserting 

22 ‘‘child sexual abuse material’’; and 

23 (B) in subsection (e)(5)— 


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•S 3538 IS

1 (i) in the paragraph heading, by strik2 ing ‘‘CHILD PORNOGRAPHY’’ and inserting 

3 ‘‘CHILD SEXUAL ABUSE MATERIAL’’; and 

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

5 and inserting ‘‘child sexual abuse mate6 rial’’. 

7 (10) MUSEUM AND LIBRARY SERVICES ACT.— 

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

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

10 (A) in paragraph (1)— 

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

12 striking ‘‘child pornography’’ and inserting 

13 ‘‘child sexual abuse material’’; and 

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

15 striking ‘‘child pornography’’ and inserting 

16 ‘‘child sexual abuse material’’; and 

17 (B) in paragraph (7)(A)— 

18 (i) in the subparagraph heading, by 

19 striking ‘‘CHILD PORNOGRAPHY’’ and in20 serting ‘‘CHILD SEXUAL ABUSE MATE21 RIAL’’; and 

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

23 and inserting ‘‘child sexual abuse mate24 rial’’. 


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•S 3538 IS

1 (11) OMNIBUS CRIME CONTROL AND SAFE

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

3 I of the Omnibus Crime Control and Safe Streets 

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

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

6 sexual abuse material’’. 

7 (12) JUVENILE JUSTICE AND DELINQUENCY

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

9 the Juvenile Justice and Delinquency Prevention Act 

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

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

12 pornography’’ and inserting ‘‘child sexual abuse 

13 material’’; and 

14 (B) in clause (ii), by striking ‘‘child por15 nography’’ and inserting ‘‘child sexual abuse 

16 material’’. 

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

18 1402(d)(6)(A) of the Victims of Crime Act of 1984 

19 (34 U.S.C. 20101(d)(6)(A)) is amended by striking 

20 ‘‘Child Pornography Victims Reserve’’ and inserting 

21 ‘‘Reserve for Victims of Child Sexual Abuse Mate22 rial’’. 

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

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

25 20301 et seq.) is amended— 


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•S 3538 IS

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

2 20302(4)), by striking ‘‘child pornography’’ and 

3 inserting ‘‘child sexual abuse material’’; 

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

5 20304(b))— 

6 (i) in the subsection heading, by strik7 ing ‘‘CHILD PORNOGRAPHY’’ and inserting 

8 ‘‘CHILD SEXUAL ABUSE MATERIAL’’; and 

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

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

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

13 20341(c)(6)), by striking ‘‘child pornography’’ 

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

15 (15) SEX OFFENDER REGISTRATION AND NOTI16 FICATION ACT.—Section 111 of the Sex Offender 

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

18 is amended— 

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

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

21 abuse material’’; and 

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

23 pornography’’ and inserting ‘‘child sexual abuse 

24 material’’. 


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•S 3538 IS

1 (16) ADAM WALSH CHILD PROTECTION AND

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

3 Adam Walsh Child Protection and Safety Act of 

4 2006 (34 U.S.C. 20942(b)(3)) is amended by strik5 ing ‘‘child pornography and enticement cases’’ and 

6 inserting ‘‘cases involving child sexual abuse mate7 rial and enticement of children’’. 

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

9 The PROTECT Our Children Act of 2008 (34 

10 U.S.C. 21101 et seq.) is amended— 

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

12 21111(c))— 

13 (i) in paragraph (16)— 

14 (I) in the matter preceding sub15 paragraph (A), by striking ‘‘child por16 nography trafficking’’ and inserting 

17 ‘‘trafficking in child sexual abuse ma18 terial’’; 

19 (II) in subparagraph (A), by 

20 striking ‘‘child pornography’’ and in21 serting ‘‘child sexual abuse material’’; 

22 (III) in subparagraph (B), by 

23 striking ‘‘child pornography’’ and in24 serting ‘‘child sexual abuse material’’; 


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•S 3538 IS

1 (IV) in subparagraph (C), by 

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

4 and 

5 (V) in subparagraph (D), by 

6 striking ‘‘child pornography’’ and in7 serting ‘‘child sexual abuse material’’; 

8 and 

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

10 ‘‘child pornography’’ and inserting ‘‘child 

11 sexual abuse material’’; and 

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

13 21115(e)(1)(C)), by striking ‘‘child pornog14 raphy trafficking’’ and inserting ‘‘trafficking in 

15 child sexual abuse material’’. 

16 (18) SOCIAL SECURITY ACT.—Section 

17 471(a)(20)(A)(i) of the Social Security Act (42 

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

19 ‘‘child pornography’’ and inserting ‘‘offenses involv20 ing child sexual abuse material’’. 

21 (19) PRIVACY PROTECTION ACT OF 1980.—Sec22 tion 101 of the Privacy Protection Act of 1980 (42 

23 U.S.C. 2000aa) is amended— 


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•S 3538 IS

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

2 pornography’’ and inserting ‘‘child sexual abuse 

3 material’’; and 

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

5 pornography’’ and inserting ‘‘child sexual abuse 

6 material’’. 

7 (20) CHILD CARE AND DEVELOPMENT BLOCK

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

9 Child Care and Development Block Grant Act of 

10 1990 (42 U.S.C. 9858f(c)(1)) is amended— 

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

12 ‘‘child pornography’’ and inserting ‘‘offenses re13 lating to child sexual abuse material’’; and 

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

15 ‘‘child pornography’’ and inserting ‘‘child sexual 

16 abuse material’’. 

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

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

19 et seq.) is amended— 

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

21 (i) in subsection (a)(1)— 

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

23 undesignated matter following clause 

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


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•S 3538 IS

1 and inserting ‘‘which constitutes child 

2 sexual abuse material’’; and 

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

4 undesignated matter following clause 

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

6 and inserting ‘‘which constitutes child 

7 sexual abuse material’’; and 

8 (ii) in subsection (d)(1), in the undes9 ignated matter following subparagraph 

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

11 inserting ‘‘that constitutes child sexual 

12 abuse material’’; and 

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

14 254(h))— 

15 (i) in paragraph (5)— 

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

17 striking ‘‘child pornography’’ and in18 serting ‘‘child sexual abuse material’’; 

19 and 

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

21 by striking ‘‘child pornography’’ and 

22 inserting ‘‘child sexual abuse mate23 rial’’; 

24 (ii) in paragraph (6)— 


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•S 3538 IS

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

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

4 and 

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

6 by striking ‘‘child pornography’’ and 

7 inserting ‘‘child sexual abuse mate8 rial’’; and 

9 (iii) in paragraph (7)(F)— 

10 (I) in the subparagraph heading, 

11 by striking ‘‘CHILD PORNOGRAPHY’’ 

12 and inserting ‘‘CHILD SEXUAL ABUSE

13 MATERIAL’’; and 

14 (II) by striking ‘‘child pornog15 raphy’’ and inserting ‘‘child sexual 

16 abuse material’’. 

17 (c) TABLE OF SECTIONS AMENDMENTS.— 

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

19 sections for chapter 110 of title 18, United States 

20 Code, is amended— 

21 (A) by striking the item relating to section 

22 2252A and inserting the following: 

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

23 (B) by striking the item relating to section 

24 2258C and inserting the following: 


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•S 3538 IS

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

combat child sexual abuse material.’’; 

1 (C) by striking the item relating to section 

2 2259A and inserting the following: 

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

3 and 

4 (D) by striking the item relating to section 

5 2259B and inserting the following: 

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

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

7 sections for chapter 117 of title 18, United States 

8 Code, is amended by striking the item relating to 

9 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.’’. 

10 (d) AMENDMENT TO THE FEDERAL SENTENCING

11 GUIDELINES.—Pursuant to its authority under section 

12 994(p) of title 28, United States Code, and in accordance 

13 with this section, the United States Sentencing Commis14 sion shall amend the Federal sentencing guidelines, in15 cluding application notes, to replace the terms ‘‘child por16 nography’’ and ‘‘child pornographic material’’ with ‘‘child 

17 sexual abuse material’’. 

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

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

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

21 of enactment of this Act. 


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•S 3538 IS

1 SEC. 7. MODERNIZING THE CYBERTIPLINE. 

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

3 States Code, is amended— 

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

5 6(b) of this Act— 

6 (A) in subsection (a)— 

7 (i) in paragraph (1)(B)(ii), by insert8 ing after ‘‘facts or circumstances’’ the fol9 lowing: ‘‘, including any available facts or 

10 circumstances sufficient to identify and lo11 cate each minor and each involved indi12 vidual,’’; and 

13 (ii) in paragraph (2)(A)— 

14 (I) by inserting ‘‘1591 (if the vio15 lation involves a minor),’’ before 

16 ‘‘2251,’’; and 

17 (II) by striking ‘‘or 2260’’ and 

18 inserting ‘‘2260, or 2422(b)’’; 

19 (B) in subsection (b)— 

20 (i) in paragraph (1)— 

21 (I) by inserting ‘‘or location’’ 

22 after ‘‘identity’’; and 

23 (II) by striking ‘‘other identifying 

24 information,’’ and inserting ‘‘other in25 formation which may identify or lo26 cate the involved individual,’’; 


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•S 3538 IS

1 (ii) by redesignating paragraphs (2) 

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

3 respectively; 

4 (iii) by inserting after paragraph (1) 

5 the following: 

6 ‘‘(2) INFORMATION ABOUT THE INVOLVED

7 MINOR.—Information relating to the identity or loca8 tion of any involved minor, which may, to the extent 

9 reasonably practicable, include the electronic mail 

10 address, Internet Protocol address, uniform resource 

11 locator, or any other information which may identify 

12 or locate any involved minor, including self-reported 

13 identifying information.’’; and 

14 (iv) by adding at the end the fol15 lowing: 

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

17 discretion a provider voluntarily includes any content 

18 described in this subsection in a report to the 

19 CyberTipline, the provider shall use best efforts to 

20 ensure that the report conforms with the structure 

21 of the CyberTipline.’’; and 

22 (C) in subsection (d)(5)(B)— 

23 (i) in clause (i), by striking ‘‘for24 warded’’ and inserting ‘‘made available’’; 

25 and 


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•S 3538 IS

1 (ii) in clause (ii), by striking ‘‘for2 warded’’ and inserting ‘‘made available’’; 

3 (2) in section 2258B— 

4 (A) in subsection (a)— 

5 (i) by striking ‘‘arising from the per6 formance’’ and inserting the following: ‘‘, 

7 may not be brought in any Federal or 

8 State court if the claim or charge is di9 rectly attributable to— 

10 ‘‘(1) the performance’’; 

11 (ii) in paragraph (1), as so des12 ignated, by striking ‘‘may not be brought 

13 in any Federal or State court.’’ and insert14 ing a semicolon; and 

15 (iii) by adding at the end the fol16 lowing: 

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

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

19 law enforcement agency, or giving such agency ac20 cess to child sexual abuse material, in response to a 

21 search warrant, court order, or other legal process 

22 issued by such agency; or 

23 ‘‘(3) research voluntarily undertaken by the 

24 provider or domain name registrar using any mateVerDate Sep 11 2014 03:52 Feb 01, 2022 Jkt 029200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S3538.IS S3538

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•S 3538 IS

1 rial being preserved under section 2258A(h), if the 

2 research is only for the purpose of— 

3 ‘‘(A) improving or facilitating reporting 

4 under this section, section 2258A, or section 

5 2258C; or 

6 ‘‘(B) stopping the online sexual exploi7 tation of children.’’; and 

8 (B) in subsection (b)(2)(C)— 

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

10 (ii) by inserting ‘‘described in or per11 formed’’ after ‘‘function’’; and 

12 (iii) by striking ‘‘this section, sec13 tions’’ and inserting ‘‘this section or sec14 tion’’; and 

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

16 6(b) of this Act— 

17 (A) in the section heading, by striking 

18 ‘‘the CyberTipline’’ and inserting 

19 ‘‘NCMEC’’; 

20 (B) in subsection (a)— 

21 (i) in paragraph (1)— 

22 (I) by striking ‘‘NCMEC’’ and 

23 inserting the following: 

24 ‘‘(A) PROVISION TO PROVIDERS.— 

25 NCMEC’’; 


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•S 3538 IS

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

2 designated, by inserting ‘‘or submis3 sion to the child victim identification 

4 program described in section 

5 404(b)(1)(K)(ii) of the Juvenile Jus6 tice and Delinquency Prevention Act 

7 of 1974 (34 U.S.C. 

8 11293(b)(1)(K)(ii))’’ after 

9 ‘‘CyberTipline report’’; and 

10 (III) by adding at the end the 

11 following: 

12 ‘‘(B) PROVISION TO NON-PROFIT ENTI13 TIES.—NCMEC may provide hash values or 

14 similar technical identifiers associated with vis15 ual depictions provided in a CyberTipline report 

16 or submission to the child victim identification 

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

18 of the Juvenile Justice and Delinquency Pre19 vention Act of 1974 (34 U.S.C. 

20 11293(b)(1)(K)(ii)) to a non-profit entity for 

21 the sole and exclusive purpose of preventing 

22 and curtailing the online sexual exploitation of 

23 children.’’; and 

24 (ii) in paragraph (2)— 


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•S 3538 IS

1 (I) by inserting ‘‘(A)’’ after 

2 ‘‘(1)’’; 

3 (II) by inserting ‘‘or submission 

4 to the child victim identification pro5 gram described in section 

6 404(b)(1)(K)(ii) of the Juvenile Jus7 tice and Delinquency Prevention Act 

8 of 1974 (34 U.S.C. 

9 11293(b)(1)(K)(ii))’’ after 

10 ‘‘CyberTipline report’’; and 

11 (III) by adding at the end the 

12 following: ‘‘The elements authorized 

13 under paragraph (1)(B) shall be lim14 ited to hash values or similar tech15 nical identifiers associated with visual 

16 depictions provided in a CyberTipline 

17 report or submission to the child vic18 tim identification program described 

19 in section 404(b)(1)(K)(ii) of the Ju20 venile Justice and Delinquency Pre21 vention Act of 1974 (34 U.S.C. 

22 11293(b)(1)(K)(ii)).’’; and 

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

24 the child victim identification program de25 scribed in section 404(b)(1)(K)(ii) of the JuveVerDate Sep 11 2014 03:52 Feb 01, 2022 Jkt 029200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S3538.IS S3538

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•S 3538 IS

1 nile Justice and Delinquency Prevention Act of 

2 1974 (34 U.S.C. 11293(b)(1)(K)(ii))’’ after 

3 ‘‘CyberTipline’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

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

8 Act) and inserting the following: 

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

child sexual abuse material.’’. 

9 SEC. 8. ELIMINATING NETWORK DISTRIBUTION OF CHILD 

10 EXPLOITATION. 

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

12 amended— 

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

14 inserting ‘‘180 days’’; and 

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

16 ‘‘(5) EXTENSION OF PRESERVATION.—A pro17 vider of a report to the CyberTipline may voluntarily 

18 preserve the contents provided in the report (includ19 ing any comingled content described in paragraph 

20 (2)) for longer than 180 days after the submission 

21 to the CyberTipline for the purpose of reducing the 

22 proliferation of online child sexual exploitation or 

23 preventing the online sexual exploitation of chil24 dren.’’. 


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1 SEC. 9. IT SOLUTIONS RELATING TO COMBATING ONLINE 

2 CHILD EXPLOITATION. 

3 Title IV of the Juvenile Justice and Delinquency Pre4 vention Act of 1974 (34 U.S.C. 11291 et seq.) is amend5 ed— 

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

7 11297) as section 410; and 

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

9 11296) the following: 

10 ‘‘SEC. 409. IT SOLUTIONS RELATING TO COMBATING ON11 LINE CHILD EXPLOITATION. 

12 ‘‘(a) DEVELOPMENT OF IT SOLUTIONS.—The Ad13 ministrator shall enable the development of information 

14 technology solutions and the creation and acquisition of 

15 innovative tools to implement updates, improvements, and 

16 modernization needed to enhance efforts to combat online 

17 child exploitation in order to ensure that consistent, ac18 tionable information is provided to law enforcement agen19 cies, including Internet Crimes Against Children (com20 monly known as ‘ICAC’) task forces. 

21 ‘‘(b) CONSULTATION WITH PARTNERS.—In devel22 oping the information technology solutions under sub23 section (a), the Administrator shall solicit input from all 

24 partners in the effort to combat online child exploitation, 

25 including the Center, ICAC task forces, the Federal Bu26 reau of Investigation, the Department of Homeland SecuVerDate Sep 11 2014 03:52 Feb 01, 2022 Jkt 029200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S3538.IS S3538

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1 rity, U.S. Immigration and Customs Enforcement, Home2 land Security Investigations, and the United States Mar3 shals Service. 

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

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

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

7 that fiscal year.’’. 

8 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated such sums 

10 as may be necessary to carry out this Act. 

11 SEC. 11. SEVERABILITY. 

12 If any provision of this Act or any amendment made 

13 by this Act, or any application of such provision or amend14 ment to any person or circumstance, is held to be uncon15 stitutional, the remainder of the provisions of this Act and 

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

17 the provision or amendment to any other person or cir18 cumstance, shall not be affected. 

Æ 


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