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