HR 119: Combating Online Child Exploitation Act

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HR 119: Combating Online Child Exploitation Act

Direct Link: https://www.govinfo.gov/app/details/BILLS-119hr3921ih

Section 1. Short title

This Act may be cited as the “Combating Online Child Exploitation Act”.

SEC. 2. Definitions

(a) In general.—In this section, the following definitions apply:

Child pornography, as defined in section 2256A of title 18, United States Code, means material that depicts a minor engaging in sexually explicit conduct.

The term “minor” has the meaning given by section 1117 of the Mann Act (41 U.S.C. App.).

SEC. 3. Effective date

(a) In general.—Subject to paragraph (b), this Act takes effect on the date that is 60 days after the date on which this Act is enacted.

(b) Applicability of certain provisions—

This section does not apply to a provision of subsection (a) of section 1595 of title 18, United States Code.
Section 6(a)(1) shall apply with respect to such a provision as if it were included in this Act at the time of its enactment.

SEC. 4. Intermediary service provider liability

(a) In general.—Any service provider that—

intermediates a communication
involves a minor in sexually explicit conduct

SEC. 5. Social media company liability

(a) In general.—Any social media company that—

knows, has reason to know, or should have known that a minor is involved in sexually explicit conduct
distributes or makes available material that depicts a minor engaging in sexually explicit conduct

SEC. 6. Application of the Communications Decency Act

(a) In general.—The provisions of this title shall be applied as if they had been included in, and were part of, the Communications Decency Act.

SEC. 7. Severability

If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected.

SEC. 8. Continued applicability

(a) Federal law.—Nothing in this Act or the amendments made by this Act, nor any rule or regulation issued pursuant to this Act or the amendments made by this Act, shall affect or diminish any right or remedy for a victim of child pornography or child sexual exploitation under any other Federal law.

(b) State or tribal law.—Nothing in this Act or the amendments made by this Act, nor any rule or regulation issued pursuant to this Act or the amendments made by this Act, shall—

preempt, diminish, or supplant any right or remedy for a victim of child pornography or child sexual exploitation under any State or Tribal common law or statutory law;
prohibit the enforcement of a law governing child pornography or child sexual exploitation that is at least as protective of the rights of a victim as this Act and the amendments made by this Act.