Senate Bill 3398 To establish a National Commission on Online Child Sexual Exploitation Prevention, and for other purposes.

Shown Here:
Reported to Senate (07/20/2020)

Calendar No. 491

116th CONGRESS
2d Session

S. 3398

To establish a National Commission on Online Child Sexual Exploitation Prevention, and for other purposes.


IN THE SENATE OF THE UNITED STATES March 5, 2020

Mr. Graham (for himself, Mr. Blumenthal, Mr. Cramer, Mrs. Feinstein, Mr. Hawley, Mr. Jones, Mr. Casey, Mr. Whitehouse, Mr. Durbin, Ms. Ernst, Mr. Kennedy, Mr. Cruz, and Mr. Grassley) introduced the following bill; which was read twice and referred to the Committee on the Judiciary July 20, 2020

Reported by Mr. Graham, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]


A BILL

To establish a National Commission on Online Child Sexual Exploitation Prevention, and for other purposes.

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 “Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2020” or the “EARN IT Act of 2020”.

SEC. 2. Definitions.

In this Act:

(1) COMMISSION.—The term “Commission” means the National Commission on Online Child Sexual Exploitation Prevention.

(2) INTERACTIVE COMPUTER SERVICE.—The term “interactive computer service” has the meaning given the term in section 230(f)(2) of the Communications Act of 1934 (47 U.S.C. 230(f)(2)).

SEC. 3. National Commission on Online Child Sexual Exploitation Prevention.

(a) Establishment.—There is established a National Commission on Online Child Sexual Exploitation Prevention.

(b) Purpose.—The purpose of the Commission is to develop recommended best practices that providers of interactive computer services may choose to implement to prevent, reduce, and respond to the online sexual exploitation of children, including the enticement, grooming, sex trafficking, and sexual abuse of children and the proliferation of online child sexual abuse material.

(c) Membership.—

(1) COMPOSITION.—

(A) IN GENERAL.—The Commission shall be composed of 19 members.

(B) AGENCY HEADS.—The following Federal officials shall serve as members of the Commission:

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

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

(iii) The Chairman of the Federal Trade Commission or his or her representative.

(C) OTHER MEMBERS.—Of the remaining 16 members of the Commission—

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

(I) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(A);

(II) 1 shall have the qualifications required under paragraph (2)(B);

(III) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(C); and

(IV) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(D);

(ii) 4 shall be appointed by the minority leader of the Senate, of whom—

(I) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(A);

(II) 1 shall have the qualifications required under paragraph (2)(B);

(III) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(C); and

(IV) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(D);

(iii) 4 shall be appointed by the Speaker of the House of Representatives, of whom—

(I) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(A);

(II) 1 shall have the qualifications required under paragraph (2)(B);

(III) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(C); and

(IV) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(D); and

(iv) 4 shall be appointed by the minority leader of the House of Representatives, of whom—

(I) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(A);

(II) 1 shall have the qualifications required under paragraph (2)(B);

(III) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(C); and

(IV) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(D).

https://www.congress.gov/bill/116th-congress/senate-bill/3398/text