OLL20670

S.L.C.

AMENDMENT NO.llll

Calendar No.lll

Purpose: In the nature of a substitute.
IN THE SENATE OF THE UNITED STATES—116th Cong., 2d Sess.

S. 3398
To establish a National Commission on Online Child Sexual
Exploitation Prevention, and for other purposes.
Referred to the Committee on llllllllll and
ordered to be printed
Ordered to lie on the table and to be printed
AMENDMENT IN THE NATURE OF A SUBSTITUTE intended
to be proposed by Mr. GRAHAM (for himself and Mr.
BLUMENTHAL)
Viz:
1

Strike all after the enacting clause and insert the fol-

2 lowing:
3
4

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Eliminating Abusive

5 and Rampant Neglect of Interactive Technologies Act of
6 2020’’ or the ‘‘EARN IT Act of 2020’’.
7

SEC. 2. DEFINITIONS.

8

In this Act:

9

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

10

means the National Commission on Online Child

11

Sexual Exploitation Prevention.

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1

(2) INTERACTIVE

COMPUTER

SERVICE.—The

2

term ‘‘interactive computer service’’ has the meaning

3

given the term in section 230(f)(2) of the Commu-

4

nications Act of 1934 (47 U.S.C. 230(f)(2)).

5

SEC. 3. NATIONAL COMMISSION ON ONLINE CHILD SEXUAL

6
7

EXPLOITATION PREVENTION.

(a) ESTABLISHMENT.—There is established a Na-

8 tional Commission on Online Child Sexual Exploitation
9 Prevention.
10

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

11 develop recommended best practices that providers of
12 interactive computer services may choose to implement to
13 prevent, reduce, and respond to the online sexual exploi14 tation of children, including the enticement, grooming, sex
15 trafficking, and sexual abuse of children and the prolifera16 tion of online child sexual abuse material.
17
18
19
20
21

(c) MEMBERSHIP.—
(1) COMPOSITION.—
(A) IN

GENERAL.—The

Commission shall

be composed of 19 members.
(B) AGENCY

HEADS.—The

following Fed-

22

eral officials shall serve as members of the

23

Commission:

24
25

(i) The Attorney General or his or her
representative.

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1
2

(ii) The Secretary of Homeland Security or his or her representative.

3

(iii) The Chairman of the Federal

4

Trade Commission or his or her represent-

5

ative.

6

(C) OTHER

7
8
9

MEMBERS.—Of

the remaining

16 members of the Commission—
(i) 4 shall be appointed by the majority leader of the Senate, of whom—

10

(I) 1 shall have the qualifications

11

required under clause (i) or (ii) of

12

paragraph (2)(A);

13

(II) 1 shall have the qualifica-

14

tions

15

(2)(B);

required

under

paragraph

16

(III) 1 shall have the qualifica-

17

tions required under clause (i) or (ii)

18

of paragraph (2)(C); and

19

(IV) 1 shall have the qualifica-

20

tions required under clause (i) or (ii)

21

of paragraph (2)(D);

22

(ii) 4 shall be appointed by the minor-

23

ity leader of the Senate, of whom—

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(I) 1 shall have the qualifications

2

required under clause (i) or (ii) of

3

paragraph (2)(A);

4

(II) 1 shall have the qualifica-

5

tions

6

(2)(B);

required

under

paragraph

7

(III) 1 shall have the qualifica-

8

tions required under clause (i) or (ii)

9

of paragraph (2)(C); and

10

(IV) 1 shall have the qualifica-

11

tions required under clause (i) or (ii)

12

of paragraph (2)(D);

13

(iii) 4 shall be appointed by the

14

Speaker 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 qualifica-

20

tions

21

(2)(B);

required

under

paragraph

22

(III) 1 shall have the qualifica-

23

tions required under clause (i) or (ii)

24

of paragraph (2)(C); and

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1

(IV) 1 shall have the qualifica-

2

tions required under clause (i) or (ii)

3

of paragraph (2)(D); and

4

(iv) 4 shall be appointed by the minor-

5

ity leader of the House of Representatives,

6

of whom—

7

(I) 1 shall have the qualifications

8

required under clause (i) or (ii) of

9

paragraph (2)(A);

10

(II) 1 shall have the qualifica-

11

tions

12

(2)(B);

required

under

paragraph

13

(III) 1 shall have the qualifica-

14

tions required under clause (i) or (ii)

15

of paragraph (2)(C); and

16

(IV) 1 shall have the qualifica-

17

tions required under clause (i) or (ii)

18

of paragraph (2)(D).

19

(2) QUALIFICATIONS.—Of the 16 members of

20

the

21

(1)(C)—

Commission

appointed

under

paragraph

22

(A) 4 shall have current experience in in-

23

vestigating online child sexual exploitation

24

crimes, of whom—

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2

(i) 2 shall have such experience in a
law enforcement capacity; and

3

(ii) 2 shall have such experience in a

4

prosecutorial capacity;

5

(B) 4 shall be survivors of online child sex-

6

ual exploitation, or have current experience in

7

providing services for victims of online child

8

sexual exploitation in a non-governmental ca-

9

pacity;

10

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

11

matters related to consumer protection, civil lib-

12

erties, civil rights, or privacy; and

13

(ii) 2 shall have current experience in com-

14

puter science or software engineering related to

15

matters of cryptography, data security, or arti-

16

ficial intelligence in a non-governmental capac-

17

ity; and

18

(D) 4 shall be individuals who each cur-

19

rently work for an interactive computer service

20

that is unrelated to each other interactive com-

21

puter service represented under this subpara-

22

graph, representing diverse types of businesses

23

and areas of professional expertise, of whom—

24

(i) 2 shall have current experience in

25

addressing online child sexual exploitation

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1

and promoting child safety at an inter-

2

active computer service with not less than

3

30,000,000 monthly users in the United

4

States; and

5

(ii) 2 shall have current experience in

6

addressing online child sexual exploitation

7

and promoting child safety at an inter-

8

active computer service with less than

9

10,000,000 monthly users in the United

10

States.

11

(3) DATE.—The initial appointments of mem-

12

bers to the Commission under paragraph (1)(C)

13

shall be made not later than 90 days after the date

14

of enactment of this Act.

15

(d) PERIOD OF APPOINTMENT; VACANCIES.—

16

(1) PERIOD

OF APPOINTMENT.—A

member of

17

the Commission shall be appointed for a term of 5

18

years.

19

(2) VACANCIES.—

20

(A) EFFECT

ON COMMISSION.—Any

va-

21

cancy in the Commission shall not affect the

22

powers of the Commission.

23
24

(B) FILLING

OF VACANCIES.—A

vacancy

in the Commission shall be filled in the same

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1

manner as the original appointment under sub-

2

section (c)(1).

3

(e) INITIAL MEETING.—The Commission shall hold

4 the first meeting of the Commission not later than 60 days
5 after the date on which a majority of the members of the
6 Commission have been appointed.
7

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

8 her representative shall serve as the Chairperson of the
9 Commission.
10

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

11 Commission shall constitute a quorum, but a lesser num12 ber of members may hold a meeting.
13

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

14 call of the Chairperson.
15

(i) AUTHORITY

OF

COMMISSION.—The Commission

16 may, for the purpose of carrying out this section and sec17 tion 4, hold such hearings, sit and act at such times and
18 places, take such testimony, and receive such evidence as
19 the Commission considers appropriate.
20
21

(j) INFORMATION FROM FEDERAL AGENCIES.—
(1) IN

GENERAL.—The

Commission may secure

22

directly from any Federal department or agency

23

such information as the Commission considers nec-

24

essary to carry out this section and section 4.

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(2) FURNISHING

INFORMATION.—Upon

request

2

of the Chairperson of the Commission for informa-

3

tion under paragraph (1), the head of a Federal de-

4

partment or agency shall furnish the information to

5

the Commission, unless the information is subject to

6

an active investigation or otherwise privileged or

7

confidential.

8

(k) TRAVEL EXPENSES.—A member of the Commis-

9 sion shall serve without compensation, but shall be allowed
10 travel expenses, including per diem in lieu of subsistence,
11 at rates authorized for employees of agencies under sub12 chapter I of chapter 57 of title 5, United States Code,
13 while away from the home or regular places of business
14 of the member in the performance of services for the Com15 mission.
16

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

17 Committee Act (5 U.S.C. App.) shall not apply to the
18 Commission.
19
20
21
22

SEC. 4. DUTIES OF THE COMMISSION.

(a) RECOMMENDED BEST PRACTICES.—
(1) INITIAL

RECOMMENDATIONS.—

(A) IN

GENERAL.—Not

later than 18

23

months after the date on which a majority of

24

the members of the Commission required to be

25

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

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1

appointed, the Commission shall develop and

2

submit to the Attorney General recommended

3

best practices that providers of interactive com-

4

puter services may choose to engage in to pre-

5

vent, reduce, and respond to the online sexual

6

exploitation of children, including the entice-

7

ment, grooming, sex trafficking, and sexual

8

abuse of children and the proliferation of online

9

child sexual abuse material.

10

(B) REQUIREMENTS.—

11

(i) ALTERNATIVE

BEST PRACTICES.—

12

The best practices required to be developed

13

and submitted under subparagraph (A)

14

shall include alternatives that take into

15

consideration—

16

(I) the size, type of product, and

17

business model of a provider of an

18

interactive computer service;

19
20
21
22

(II) whether an interactive computer service—
(aa) is made available to the
public;

23

(bb) is primarily responsible

24

for hosting, storage, display, and

25

retrieval of information on behalf

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1

of third parties, including pro-

2

viders of other interactive com-

3

puter services; or

4

(cc) provides the capability

5

to transmit data to and receive

6

data from all or substantially all

7

internet endpoints on behalf of a

8

consumer; and

9

(III) whether a type of product,

10

business model, product design, or

11

other factors related to the provision

12

of an interactive computer service

13

could make a product or service sus-

14

ceptible to the use and facilitation of

15

online child sexual exploitation.

16

(ii) SCOPE.—Notwithstanding para-

17

graph (3), the alternatives described in

18

clause (i) of this subparagraph may ex-

19

clude certain matters required to be ad-

20

dressed under paragraph (3), as the Com-

21

mission determines appropriate based on

22

the nature of particular products or serv-

23

ices, the factors described in such clause

24

(i), or other factors relevant to the pur-

25

poses of this Act.

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1

(2) SUPPORT

REQUIREMENT.—The

Commission

2

may only recommend the best practices under para-

3

graph (1) if not fewer than 14 members of the Com-

4

mission support the best practices.

5

(3) MATTERS

ADDRESSED.—The

matters ad-

6

dressed by the recommended best practices devel-

7

oped and submitted by the Commission under para-

8

graph (1) shall include—

9
10

(A) preventing, identifying, disrupting, and
reporting online child sexual exploitation;

11

(B) coordinating with non-profit organiza-

12

tions and other providers of interactive com-

13

puter services to preserve, remove from view,

14

and report online child sexual exploitation;

15

(C) retaining child sexual exploitation con-

16

tent and related user identification and location

17

data;

18

(D) receiving and triaging reports of online

19

child sexual exploitation by users of interactive

20

computer services, including self-reporting;

21

(E) implementing a standard rating and

22

categorization system to identify the type and

23

severity of child sexual abuse material;

24

(F) training and supporting content mod-

25

erators who review child sexual exploitation con-

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1

tent for the purposes of preventing and dis-

2

rupting online child sexual exploitation;

3

(G) preparing and issuing transparency re-

4

ports, including disclosures in terms of service,

5

relating to identifying, categorizing, and report-

6

ing online child sexual exploitation and efforts

7

to prevent and disrupt online child sexual ex-

8

ploitation;

9

(H) coordinating with voluntary initiatives

10

offered among and to providers of interactive

11

computer services relating to identifying, cat-

12

egorizing, and reporting online child sexual ex-

13

ploitation;

14

(I) employing age rating and age gating

15

systems to reduce online child sexual exploi-

16

tation;

17

(J) offering parental control products that

18

enable customers to limit the types of websites,

19

social media platforms, and internet content

20

that are accessible to children; and

21

(K) contractual and operational practices

22

to ensure third parties, contractors, and affili-

23

ates comply with the best practices.

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(4) RELEVANT

CONSIDERATIONS.—In

devel-

2

oping best practices under paragraph (1), the Com-

3

mission shall consider—

4
5

(A) the cost and technical limitations of
implementing the best practices;

6

(B) the impact on competition, product

7

and service quality, data security, and privacy;

8

(C) the impact on the ability of law en-

9

forcement agencies to investigate and prosecute

10

child sexual exploitation and rescue victims; and

11
12

(D) the current state of technology.
(5) PERIODIC

UPDATES.—Not

less frequently

13

than once every 5 years, the Commission shall up-

14

date and resubmit to the Attorney General rec-

15

ommended best practices under paragraph (1).

16

(b) PUBLICATION

OF

BEST PRACTICES.—Not later

17 than 30 days after the date on which the Commission sub18 mits recommended best practices under subsection (a), in19 cluding updated recommended best practices under para20 graph (5) of that subsection, the Attorney General shall
21 publish the recommended best practices on the website of
22 the Department of Justice and in the Federal Register.

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1

SEC. 5. PROTECTING VICTIMS OF ONLINE CHILD SEXUAL

2
3

ABUSE.

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 EXPLOI-

7

TATION LAW.—Nothing

8

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

9

limit—

in this section (other than

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, dis-

20

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 advertise-

26

ment, promotion, presentation, distribution, or

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solicitation of child sexual abuse material, as

2

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

3

States Code.’’.

4
5

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

(a) SENSE

OF

CONGRESS.—It is the sense of Con-

6 gress that the term ‘‘child sexual abuse material’’ has the
7 same legal meaning as the term ‘‘child pornography’’, as
8 that term was used in Federal statutes and case law before
9 the date of enactment of this Act.
10
11
12

(b) AMENDMENTS.—
(1) TITLE 5,

UNITED STATES CODE.—Chapter

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

13

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

14

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

15

abuse material’’; and

16

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

17

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

18

abuse material’’.

19

(2) HOMELAND

SECURITY ACT OF 2002.—The

20

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

21

seq.) is amended—

22

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

23

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

24

and inserting ‘‘child sexual abuse material’’;

25

and

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(B) in section 890A (6 U.S.C. 473)—

2

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

3

striking ‘‘child pornography’’ and inserting

4

‘‘child sexual abuse material’’; and

5

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

6

striking ‘‘child pornography’’ and inserting

7

‘‘child sexual abuse material’’.

8

(3) IMMIGRATION

AND NATIONALITY ACT.—Sec-

9

tion 101(a)(43)(I) of the Immigration and Nation-

10

ality Act (8 U.S.C. 1101(a)(43)(I)) is amended by

11

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

12

sexual abuse material’’.

13

(4) SMALL

BUSINESS JOBS ACT OF 2010.—Sec-

14

tion 3011(c) of the Small Business Jobs Act of 2010

15

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

16

pornography’’ and inserting ‘‘child sexual abuse ma-

17

terial’’.

18

(5) BROADBAND

DATA IMPROVEMENT ACT.—

19

Section 214(a)(2) of the Broadband Data Improve-

20

ment Act (15 U.S.C. 6554(a)(2)) is amended by

21

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

22

sexual abuse material’’.

23

(6)

CAN-SPAM

ACT

OF

2003.—Section

24

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

25

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

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1

pornography’’ and inserting ‘‘child sexual abuse ma-

2

terial’’.

3
4

(7) TITLE

18, UNITED STATES CODE.—Title

18,

United States Code, is amended—

5

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

6

‘‘child pornography’’ each place the term ap-

7

pears and inserting ‘‘child sexual abuse mate-

8

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
pornography’’

22

striking

23

and inserting ‘‘child sexual abuse

24

material’’;

25

‘‘child

(II) in subsection (a)—

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(aa) in paragraph (1), by

2

striking ‘‘child pornography’’ and

3

inserting ‘‘child sexual abuse ma-

4

terial’’;

5

(bb) in paragraph (2)—

6

(AA) in subparagraph

7

(A), by striking ‘‘child por-

8

nography’’

9

‘‘child sexual abuse mate-

10

and

inserting

rial’’; and

11

(BB) in subparagraph

12

(B), by striking ‘‘child por-

13

nography’’

14

‘‘child sexual abuse mate-

15

rial’’;

16

(cc) in paragraph (3), by

17

striking ‘‘child pornography’’ and

18

inserting ‘‘child sexual abuse ma-

19

terial’’;

20

and

inserting

(dd) in paragraph (4)—

21

(AA) in subparagraph

22

(A), by striking ‘‘child por-

23

nography’’

24

‘‘child sexual abuse mate-

25

rial’’; and

and

inserting

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(BB) in subparagraph

2

(B), by striking ‘‘child por-

3

nography’’

4

‘‘child sexual abuse mate-

5

rial’’;

6

(ee) in paragraph (5)—

and

inserting

7

(AA) in subparagraph

8

(A), by striking ‘‘an image

9

of child pornography’’ and

10

inserting ‘‘child sexual abuse

11

material’’; and

12

(BB) in subparagraph

13

(B), by striking ‘‘an image

14

of child pornography’’ and

15

inserting ‘‘child sexual abuse

16

material’’; and

17

(ff) in paragraph (7)—

18

(AA) by striking ‘‘child

19

pornography’’ and inserting

20

‘‘child sexual abuse mate-

21

rial’’; and

22

(BB) by striking the

23

period at the end and insert-

24

ing a comma;

25

(III) in subsection (b)—

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(aa) in paragraph (1), by

2

striking ‘‘child pornography’’ and

3

inserting ‘‘child sexual abuse ma-

4

terial’’; and

5

(bb) in paragraph (2), by

6

striking

7

each place the term appears and

8

inserting ‘‘child sexual abuse ma-

9

terial’’; and

10

‘‘child

pornography’’

(IV) in subsection (c)—

11

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

12

striking ‘‘child pornography’’ and

13

inserting ‘‘child sexual abuse ma-

14

terial’’;

15

(bb) in paragraph (2), by

16

striking ‘‘child pornography’’ and

17

inserting ‘‘child sexual abuse ma-

18

terial’’; and

19

(cc) in the undesignated

20

matter following paragraph (2),

21

by striking ‘‘child pornography’’

22

and inserting ‘‘child sexual abuse

23

material’’;

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(V) in subsection (d)(1), by strik-

2

ing ‘‘child pornography’’ and inserting

3

‘‘child sexual abuse material’’; and

4

(VI) in subsection (e), by striking

5

‘‘child pornography’’ each place the

6

term appears and inserting ‘‘child sex-

7

ual abuse material’’;

8

(iv) in section 2256(8)—

9

(I) by striking ‘‘child pornog-

10

raphy’’ and inserting ‘‘child sexual

11

abuse material’’; and

12

(II) by striking the period at the

13

end and inserting a semicolon;

14

(v) in section 2257A(h)—

15

(I) in paragraph (1), by striking

16

‘‘child pornography’’ and inserting

17

‘‘child sexual abuse material’’; and

18

(II) in paragraph (2), by striking

19

‘‘child pornography’’ and inserting

20

‘‘child sexual abuse material’’;

21

(vi) in section 2258A—

22

(I) in subsection (a)(2)—

23

(aa) in subparagraph (A),

24

by striking ‘‘child pornography’’

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1

and inserting ‘‘child sexual abuse

2

material’’; and

3

(bb) in subparagraph (B),

4

by striking ‘‘child pornography’’

5

and inserting ‘‘child sexual abuse

6

material’’;

7

(II) in subsection (b)—

8

(aa) in paragraph (4)—

9

(AA) in the paragraph

10

heading, by striking ‘‘CHILD

11

PORNOGRAPHY’’

12

ing ‘‘CHILD

SEXUAL ABUSE

13

MATERIAL’’;

and

and insert-

14

(BB) by striking ‘‘child

15

pornography’’ and inserting

16

‘‘child sexual abuse mate-

17

rial’’; and

18

(bb) in paragraph (5), by

19

striking ‘‘child pornography’’ and

20

inserting ‘‘child sexual abuse ma-

21

terial’’; and

22

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

23

striking ‘‘child pornography’’ and in-

24

serting ‘‘child sexual abuse material’’;

25

(vii) in section 2258C—

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24
1

(I) in the section heading, by
pornography’’

2

striking

3

and inserting ‘‘child sexual abuse

4

material’’;

5

‘‘child

(II) in subsection (a)—

6

(aa) in paragraph (2), by

7

striking ‘‘child pornography’’ and

8

inserting ‘‘child sexual abuse ma-

9

terial’’; and

10

(bb) in paragraph (3), by

11

striking ‘‘child pornography’’ and

12

inserting ‘‘child sexual abuse ma-

13

terial’’;

14

(III) in subsection (d), by strik-

15

ing ‘‘child pornography visual depic-

16

tion’’ and inserting ‘‘child sexual

17

abuse material visual depiction’’; and

18

(IV) in subsection (e), by striking

19

‘‘child pornography visual depiction’’

20

and inserting ‘‘child sexual abuse ma-

21

terial visual depiction’’;

22

(viii) in section 2259—

23
24
25

(I) in paragraph (b)(2)—
(aa) in the paragraph heading, by striking ‘‘CHILD

PORNOG-

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25
1

RAPHY’’

2

SEXUAL ABUSE MATERIAL’’;

and inserting ‘‘CHILD

3

(bb) in the matter preceding

4

subparagraph (A), by striking

5

‘‘child pornography’’ and insert-

6

ing ‘‘child sexual abuse mate-

7

rial’’; and

8

(cc) in subparagraph (A), by

9

striking ‘‘child pornography’’ and

10

inserting ‘‘child sexual abuse ma-

11

terial’’;

12

(II) in subsection (c)—

13

(aa) in paragraph (1)—

14

(AA) in the paragraph

15

heading, by striking ‘‘CHILD

16

PORNOGRAPHY’’

17

ing ‘‘CHILD

18

MATERIAL’’;

and insert-

SEXUAL ABUSE

and

19

(BB) by striking ‘‘child

20

pornography’’ each place the

21

term appears and inserting

22

‘‘child sexual abuse mate-

23

rial’’;

24

(bb) in paragraph (2), in the

25

matter preceding subparagraph

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26
1

(A), by striking ‘‘child pornog-

2

raphy’’ each place the term ap-

3

pears and inserting ‘‘child sexual

4

abuse material’’; and

5

(cc) in paragraph (3)—

6

(AA) in the paragraph

7

heading, by striking ‘‘CHILD

8

PORNOGRAPHY’’

9

ing ‘‘CHILD

SEXUAL ABUSE

10

MATERIAL’’;

and

and insert-

11

(BB) by striking ‘‘child

12

pornography’’ and inserting

13

‘‘child sexual abuse mate-

14

rial’’; and

15
16

(III) in subsection (d)(1)—
(aa) in subparagraph (A)—

17

(AA) by striking ‘‘child

18

pornography’’ each place the

19

term appears and inserting

20

‘‘child sexual abuse mate-

21

rial’’; and

22

(BB) by striking ‘‘Child

23

Pornography’’ and inserting

24

‘‘Child Sexual Abuse Mate-

25

rial’’;

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27
1

(bb) in subparagraph (B),

2

by striking ‘‘child pornography’’

3

and inserting ‘‘child sexual abuse

4

material’’; and

5

(cc) in subparagraph (C)—

6

(AA) by striking ‘‘child

7

pornography’’ and inserting

8

‘‘child sexual abuse mate-

9

rial’’; and

10

(BB) by striking ‘‘Child

11

Pornography’’ and inserting

12

‘‘Child Sexual Abuse Mate-

13

rial’’;

14

(ix) in section 2259A—

15

(I) in the section heading, by
pornography’’

16

striking

17

and inserting ‘‘child sexual abuse

18

material’’;

19

‘‘child

(II) in subsection (a)—

20

(aa) in paragraph (2), by

21

striking ‘‘child pornography’’ and

22

inserting ‘‘child sexual abuse ma-

23

terial’’; and

24

(bb) in paragraph (3), by

25

striking ‘‘child pornography’’ and

 OLL20670

S.L.C.

28
1

inserting ‘‘child sexual abuse ma-

2

terial’’; and

3

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

4

striking ‘‘child pornography’’ and in-

5

serting ‘‘child sexual abuse material’’;

6

and

7

(x) in section 2259B—

8
9

(I) in the section heading, by
striking

pornography’’

‘‘Child

10

and

11

abuse material’’;

inserting

‘‘Child

sexual

12

(II) in subsection (a), by striking

13

‘‘Child Pornography’’ each place the

14

term appears and inserting ‘‘Child

15

Sexual Abuse Material’’;

16

(III) in subsection (b), by strik-

17

ing ‘‘Child Pornography’’ each place

18

the term appears and inserting ‘‘Child

19

Sexual Abuse Material’’;

20

(IV) in subsection (c), by striking

21

‘‘Child Pornography’’ and inserting

22

‘‘Child Sexual Abuse Material’’; and

23

(V) in subsection (d), by striking

24

‘‘Child Pornography’’ and inserting

25

‘‘Child Sexual Abuse Material’’;

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29
1

(C) in chapter 117—

2

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

3

‘‘child pornography’’ and inserting ‘‘child

4

sexual abuse material’’; and

5
6

(ii) in section 2427—
(I) in the section heading, by
pornography’’

7

striking

8

and inserting ‘‘child sexual abuse

9

material’’; and

‘‘child

10

(II) by striking ‘‘child pornog-

11

raphy’’ and inserting ‘‘child sexual

12

abuse material’’;

13

(D) in section 2516—

14

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

15

‘‘child pornography’’ and inserting ‘‘child

16

sexual abuse material’’; and

17

(ii) in paragraph (2), by striking

18

‘‘child pornography’’ and inserting ‘‘child

19

sexual abuse material’’;

20

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

21

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

22

abuse material’’;

23

(F) in section 3509—

 OLL20670

S.L.C.

30
1

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

2

‘‘child pornography’’ and inserting ‘‘child

3

sexual abuse material’’; and

4

(ii) in subsection (m)—

5

(I) in the subsection heading, by

6

striking ‘‘CHILD PORNOGRAPHY’’ and

7

inserting ‘‘CHILD SEXUAL ABUSE

8

MATERIAL’’;

9

(II) in paragraph (1), by striking

10

‘‘child pornography’’ and inserting

11

‘‘constitutes a child sexual abuse ma-

12

terial’’;

13

(III) in paragraph (2), by strik-

14

ing ‘‘child pornography’’ and inserting

15

‘‘constitutes a child sexual abuse ma-

16

terial’’; and

17

(IV) in paragraph (3), by strik-

18

ing ‘‘child pornography’’ each place

19

the term appears and inserting ‘‘child

20

sexual abuse material’’; and

21

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

22

striking ‘‘child pornography’’ and inserting

23

‘‘child sexual abuse material’’.

24

(8)

25

TARIFF

ACT

OF

1930.—Section

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

 OLL20670

S.L.C.

31
1

1583(a)(2)(B)) is amended by striking ‘‘child por-

2

nography’’ and inserting ‘‘child sexual abuse mate-

3

rial’’.

4

(9) ELEMENTARY

AND SECONDARY EDUCATION

5

ACT OF 1965.—Section

4121 of the Elementary and

6

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

7

is amended—

8

(A) in subsection (a)—

9

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

10

‘‘child pornography’’ and inserting ‘‘child

11

sexual abuse material’’; and

12

(ii) in paragraph (2)(A)(ii), by strik-

13

ing ‘‘child pornography’’ and inserting

14

‘‘child sexual abuse material’’; and

15

(B) in subsection (e)(5)—

16

(i) in the paragraph heading, by strik-

17

ing ‘‘CHILD

18

‘‘CHILD

PORNOGRAPHY’’

and inserting

SEXUAL ABUSE MATERIAL’’;

and

19

(ii) by striking ‘‘child pornography’’

20

and inserting ‘‘child sexual abuse mate-

21

rial’’.

22

(10) MUSEUM

AND LIBRARY SERVICES ACT.—

23

Section 224(f) of the Museum and Library Services

24

Act (20 U.S.C. 9134(f)) is amended—

25

(A) in paragraph (1)—

 OLL20670

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32
1

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

2

striking ‘‘child pornography’’ and inserting

3

‘‘child sexual abuse material’’; and

4

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

5

striking ‘‘child pornography’’ and inserting

6

‘‘child sexual abuse material’’; and

7

(B) in paragraph (7)(A)—

8

(i) in the subparagraph heading, by

9

striking ‘‘CHILD

PORNOGRAPHY’’

10

serting ‘‘CHILD

SEXUAL

11

RIAL’’;

and in-

ABUSE

MATE-

and

12

(ii) by striking ‘‘child pornography’’

13

and inserting ‘‘child sexual abuse mate-

14

rial’’.

15

(11) OMNIBUS

CRIME

CONTROL

AND

SAFE

16

STREETS ACT OF 1968.—Section

17

I of the Omnibus Crime Control and Safe Streets

18

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

19

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

20

sexual abuse material’’.

21

(12) JUVENILE

3031(b)(3) of title

JUSTICE AND DELINQUENCY

22

PREVENTION ACT OF 1974.—Section

23

the Juvenile Justice and Delinquency Prevention Act

24

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

404(b)(1)(K) of

 OLL20670

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33
1

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

2

pornography’’ and inserting ‘‘child sexual abuse

3

material’’; and

4

(B) in clause (ii), by striking ‘‘child por-

5

nography’’ and inserting ‘‘child sexual abuse

6

material’’.

7

(13) VICTIMS

OF CRIME ACT OF 1984.—Section

8

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

9

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

10

‘‘Child Pornography’’ and inserting ‘‘Child Sexual

11

Abuse Material’’.

12

(14) VICTIMS

OF CHILD ABUSE ACT OF 1990.—

13

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

14

20301 et seq.) is amended—

15

(A)

in

section

212(4)

(34

U.S.C.

16

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

17

inserting ‘‘child sexual abuse material’’;

18

(B)

19

20304(b))—

in

section

214(b)

(34

U.S.C.

20

(i) in the subsection heading, by strik-

21

ing ‘‘CHILD PORNOGRAPHY’’ and inserting

22

‘‘CHILD SEXUAL ABUSE MATERIAL’’; and

23

(ii) by striking ‘‘child pornography’’

24

and inserting ‘‘child sexual abuse mate-

25

rial’’; and

 OLL20670

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34
1

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

2

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

3

and inserting ‘‘child sexual abuse material’’.

4

(15) SEX

OFFENDER REGISTRATION AND NOTI-

5

FICATION ACT.—Section

6

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

7

is amended—

111 of the Sex Offender

8

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

9

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

10

abuse material’’; and

11

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

12

pornography’’ and inserting ‘‘child sexual abuse

13

material’’.

14

(16) ADAM

WALSH CHILD PROTECTION AND

15

SAFETY ACT OF 2006.—Section

16

Adam Walsh Child Protection and Safety Act of

17

2006 (34 U.S.C. 20942(b)(3)) is amended by strik-

18

ing ‘‘child pornography’’ and inserting ‘‘child sexual

19

abuse material’’.

20

(17) PROTECT

143(b)(3) of the

OUR CHILDREN ACT OF 2008.—

21

Section 105(e)(1)(C) of the PROTECT Our Chil-

22

dren Act of 2008 (34 U.S.C. 21115(e)(1)(C)) is

23

amended by striking ‘‘child pornography’’ and in-

24

serting ‘‘child sexual abuse material’’.

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35
1

(18)

SOCIAL

SECURITY

ACT.—Section

2

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

3

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

4

‘‘child pornography’’ and inserting ‘‘offenses involv-

5

ing child sexual abuse material’’.

6

(19) PRIVACY

PROTECTION ACT OF 1980.—Sec-

7

tion 101 of the Privacy Protection Act of 1980 (42

8

U.S.C. 2000aa) is amended—

9

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

10

pornography’’ and inserting ‘‘child sexual abuse

11

material’’; and

12

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

13

pornography’’ and inserting ‘‘child sexual abuse

14

material’’.

15

(20) CHILD

CARE AND DEVELOPMENT BLOCK

16

GRANT ACT OF 1990.—Section

17

Child Care and Development Block Grant Act of

18

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

658H(c)(1) of the

19

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

20

‘‘child pornography’’ and inserting ‘‘offenses re-

21

lating to child sexual abuse material’’; and

22

(B) in subparagraph (E), by striking

23

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

24

abuse material’’.

 OLL20670

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1

(21) COMMUNICATIONS

ACT OF 1934.—Title

II

2

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

3

et seq.) is amended—

4

(A) in section 223 (47 U.S.C. 223)—

5

(i) in subsection (a)(1)—

6

(I) in subparagraph (A), in the

7

undesignated matter following clause

8

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

9

and inserting ‘‘which constitutes child

10

sexual abuse material’’; and

11

(II) in subparagraph (B), in the

12

undesignated matter following clause

13

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

14

and inserting ‘‘which constitutes child

15

sexual abuse material’’; and

16

(ii) in subsection (d)(1), in the undes-

17

ignated matter following subparagraph

18

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

19

inserting ‘‘that constitutes child sexual

20

abuse material’’; and

21

(B)

22
23

in

section

254(h)

(47

U.S.C.

254(h))—
(i) in paragraph (5)—

24

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

25

striking ‘‘child pornography’’ and in-

 OLL20670

S.L.C.

37
1

serting ‘‘child sexual abuse material’’;

2

and

3

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

4

by striking ‘‘child pornography’’ and

5

inserting ‘‘child sexual abuse mate-

6

rial’’;

7

(ii) in paragraph (6)—

8

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

9

striking ‘‘child pornography’’ and in-

10

serting ‘‘child sexual abuse material’’;

11

and

12

(II) in subparagraph (C)(i)(II)

13

by striking ‘‘child pornography’’ and

14

inserting ‘‘child sexual abuse mate-

15

rial’’; and

16

(iii) in paragraph (7)(F)—

17

(I) in the subparagraph heading,

18

by striking ‘‘CHILD

19

and inserting ‘‘CHILD

20

MATERIAL’’;

PORNOGRAPHY’’
SEXUAL ABUSE

and

21

(II) by striking ‘‘child pornog-

22

raphy’’ and inserting ‘‘child sexual

23

abuse material’’.

24

(c) TABLE OF SECTIONS AMENDMENTS.—

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38
1

(1) CHAPTER

110 OF TITLE 18.—The

table of

2

sections for chapter 110 of title 18, United States

3

Code, is amended—

4
5

(A) by striking the item relating to section
2252A and inserting the following:
‘‘2252A. Certain activities relating to material constituting or containing child
sexual abuse material.’’;

6
7

(B) by striking the item relating to section
2258C and inserting the following:
‘‘2258C. Use to combat child sexual abuse material of technical elements relating to reports made to the CyberTipline.’’;

8
9

(C) by striking the item relating to section
2259A and inserting the following:
‘‘2259A. Assessments in child sexual abuse material cases.’’;

10

and

11
12

(D) by striking the item relating to section
2259B and inserting the following:
‘‘2259B. Child sexual abuse materials victims reserve’’.

13

(2) CHAPTER

117 OF TITLE 18.—The

table of

14

sections for chapter 117 of title 18, United States

15

Code, is amended by striking the item relating to

16

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.’’.

17
18

SEC. 7. MODERNIZING THE CYBERTIPLINE.

Chapter 110 of title 18, United States Code, is

19 amended—

 OLL20670

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39
1
2

(1) in section 2258A—
(A) in subsection (a)—

3

(i) in paragraph (1)(B)(ii), by insert-

4

ing after ‘‘facts or circumstances’’ the fol-

5

lowing: ‘‘, including any available facts or

6

circumstances sufficient to identify and lo-

7

cate each minor and each involved indi-

8

vidual,’’; and

9

(ii) in paragraph (2)(A)—

10

(I) by inserting ‘‘1591 (if the vio-

11

lation involves a minor),’’ before

12

‘‘2251,’’; and

13
14
15
16
17
18

(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

19

(II) by striking ‘‘other identifying

20

information,’’ and inserting ‘‘other in-

21

formation which may identify or lo-

22

cate the involved individual,’’;

23

(ii) by redesignating paragraphs (2)

24

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

25

respectively;

 OLL20670

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40
1
2
3

(iii) by inserting after paragraph (1)
the following:
‘‘(2) INFORMATION

ABOUT

THE

INVOLVED

4

MINOR.—Information

5

tion of any involved minor, which may, to the extent

6

reasonably practicable, include the electronic mail

7

address, Internet Protocol address, uniform resource

8

locator, or any other information which may identify

9

or locate any involved minor, including self-reported

10

identifying information.’’; and

11
12
13

relating to the identity or loca-

(iv) by adding at the end the following:
‘‘(7) FORMATTING

OF REPORTS.—When

in its

14

discretion a provider voluntarily includes any content

15

described in this subsection in a report to the

16

CyberTipline, the provider shall use best efforts to

17

ensure that the report conforms with the structure

18

of the CyberTipline.’’; and

19

(C) in subsection (d)(5)(B)—

20

(i) in clause (i), by striking ‘‘for-

21

warded’’ and inserting ‘‘made available’’;

22

and

23
24
25

(ii) in clause (ii), by striking ‘‘forwarded’’ and inserting ‘‘made available’’;
(2) in section 2258B—

 OLL20670

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41
1

(A) in subsection (a)—

2

(i) by striking ‘‘arising from the per-

3

formance’’ and inserting the following: ‘‘,

4

may not be brought in any Federal or

5

State court if the claim or charge is di-

6

rectly attributable to—

7

‘‘(1) the performance’’;

8

(ii) in paragraph (1), as so des-

9

ignated, by striking ‘‘may not be brought

10

in any Federal or State court.’’ and insert-

11

ing a semicolon; and

12
13

(iii) by adding at the end the following:

14

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

15

sexual abuse material to any Federal, State, or local

16

law enforcement agency, or giving such agency ac-

17

cess to child sexual abuse material, in response to a

18

search warrant, court order, or other legal process

19

issued by such agency; or

20

‘‘(3) research voluntarily undertaken by the

21

provider or domain name registrar using any mate-

22

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

23

research is only for the purpose of—

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42
1

‘‘(A) improving or facilitating reporting

2

under this section, section 2258A, or section

3

2258C; or

4
5
6

‘‘(B) stopping the online sexual exploitation of children.’’; and
(B) in subsection (b)(2)(C)—

7

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

8

(ii) by inserting ‘‘described in or per-

9

formed’’ after ‘‘function’’; and

10

(iii) by striking ‘‘this section, sec-

11

tions’’ and inserting ‘‘this section or sec-

12

tion’’; and

13
14

(3) in section 2258C—
(A) in the section heading, by striking
CyberTipline’’

15

‘‘the

16

‘‘NCMEC’’;

17

(i) in paragraph (1)—

19

(I) by striking ‘‘NCMEC’’ and

20

22

inserting

(B) in subsection (a)—

18

21

and

inserting the following:
‘‘(A)

PROVISION

TO

PROVIDERS.—

NCMEC’’;

23

(II) in subparagraph (A), as so

24

designated, by inserting ‘‘or submis-

25

sion to the child victim identification

 OLL20670

S.L.C.

43
1

program

2

404(b)(1)(K)(ii) of the Juvenile Jus-

3

tice and Delinquency Prevention Act

4

of

5

11293(b)(1)(K)(ii))’’

6

‘‘CyberTipline report’’; and

7

1974

in

(34

section

U.S.C.
after

(III) by adding at the end the

8
9

described

following:
‘‘(B) PROVISION

TO

NON-PROFIT

ENTI-

10

TIES.—NCMEC

11

similar technical identifiers associated with vis-

12

ual depictions provided in a CyberTipline report

13

or submission to the child victim identification

14

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

15

of the Juvenile Justice and Delinquency Pre-

16

vention

17

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

18

the sole and exclusive purpose of preventing

19

and curtailing the online sexual exploitation of

20

children.’’; and

21
22
23

Act

may provide hash values or

of

1974

(34

U.S.C.

(ii) in paragraph (2)—
(I) by inserting ‘‘(A)’’ after
‘‘(1)’’;

24

(II) by inserting ‘‘or submission

25

to the child victim identification pro-

 OLL20670

S.L.C.

44
1

gram

2

404(b)(1)(K)(ii) of the Juvenile Jus-

3

tice and Delinquency Prevention Act

4

of

5

11293(b)(1)(K)(ii))’’

6

‘‘CyberTipline report’’; and

described

1974

in

(34

section

U.S.C.
after

7

(III) by adding at the end the

8

following: ‘‘The elements authorized

9

under paragraph (1)(B) shall be lim-

10

ited to hash values or similar tech-

11

nical identifiers associated with visual

12

depictions provided in a CyberTipline

13

report or submission to the child vic-

14

tim identification program described

15

in section 404(b)(1)(K)(ii) of the Ju-

16

venile Justice and Delinquency Pre-

17

vention Act of 1974 (34 U.S.C.

18

11293(b)(1)(K)(ii)).’’; and

19

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

20

the child victim identification program de-

21

scribed in section 404(b)(1)(K)(ii) of the Juve-

22

nile Justice and Delinquency Prevention Act of

23

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

24

‘‘CyberTipline’’.

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1

SEC. 8. ELIMINATING NETWORK DISTRIBUTION OF CHILD

2

EXPLOITATION.

3

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

4 amended—
5

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

6

inserting ‘‘180 days’’; and

7

(2) by adding at the end the following:

8

‘‘(5) EXTENSION

OF PRESERVATION.—A

pro-

9

vider of a report to the CyberTipline may voluntarily

10

preserve the contents provided in the report (includ-

11

ing any comingled content described in paragraph

12

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

13

to the CyberTipline for the purpose of reducing the

14

proliferation of online child sexual exploitation or

15

preventing the online sexual exploitation of chil-

16

dren.’’.

17

SEC. 9. IT SOLUTIONS RELATING TO COMBATING ONLINE

18
19

CHILD EXPLOITATION.

Title IV of the Juvenile Justice and Delinquency Pre-

20 vention Act of 1974 (34 U.S.C. 11291 et seq.) is amend21 ed—
22
23
24
25

(1) by redesignating section 409 (34 U.S.C.
11297) as section 410; and
(2) by inserting after section 408 (34 U.S.C.
11296) the following:

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1
2
3

‘‘SEC. 409. IT SOLUTIONS RELATING TO COMBATING ONLINE CHILD EXPLOITATION.

‘‘(a) DEVELOPMENT

OF

IT SOLUTIONS.—The Ad-

4 ministrator shall enable the development of information
5 technology solutions and the creation and acquisition of
6 innovative tools to implement updates, improvements, and
7 modernization needed to enhance efforts to combat online
8 child exploitation in order to ensure that consistent, ac9 tionable information is provided to law enforcement agen10 cies, including Internet Crimes Against Children (com11 monly known as ‘ICAC’) task forces.
12

‘‘(b) CONSULTATION WITH PARTNERS.—In devel-

13 oping the information technology solutions under sub14 section (a), the Administrator shall solicit input from all
15 partners in the effort to combat online child exploitation,
16 including the Center, ICAC task forces, the Federal Bu17 reau of Investigation, the Department of Homeland Secu18 rity, U.S. Immigration and Customs Enforcement, Home19 land Security Investigations, and the United States Mar20 shals Service.
21

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

22 shall carry out this section using not less than $1,000,000
23 of the amounts made available to carry out this title for
24 that fiscal year.’’.

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1
2

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums

3 as may be necessary to carry out this Act.
4
5

SEC. 11. SEVERABILITY.

If any provision of this Act or any amendment made

6 by this Act, or any application of such provision or amend7 ment to any person or circumstance, is held to be uncon8 stitutional, the remainder of the provisions of this Act and
9 the amendments made by this Act, and the application of
10 the provision or amendment to any other person or cir11 cumstance, shall not be affected.