[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 474 Reported in Senate (RS)]

<DOC>





                                                        Calendar No. 85
118th CONGRESS
  1st Session
                                 S. 474

 To amend title 18, United States Code, to strengthen reporting to the 
  CyberTipline related to online sexual exploitation of children, to 
  modernize liabilities for such reports, to preserve the contents of 
            such reports for 1 year, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2023

 Mrs. Blackburn (for herself, Mr. Ossoff, and Mr. Lee) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

                              June 6, 2023

               Reported by Mr. Durbin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to strengthen reporting to the 
  CyberTipline related to online sexual exploitation of children, to 
  modernize liabilities for such reports, to preserve the contents of 
            such reports for 1 year, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Revising Existing 
Procedures On Reporting via Technology Act'' or the ``REPORT 
Act''.</DELETED>

<DELETED>SEC. 2. LIMITED LIABILITY MODERNIZATION.</DELETED>

<DELETED>    (a) Amendments.--Section 2258B of title 18, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in the section heading, by striking 
        ``providers or domain name registrars'' and inserting ``the 
        reporting, storage, and handling of certain visual depictions 
        of apparent child pornography to the National Center for 
        Missing and Exploited Children'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) in the matter preceding paragraph (1), 
                by inserting ``or charge'' after ``a claim''; 
                and</DELETED>
                <DELETED>    (B) in paragraph (2)(C), by striking 
                ``this section,''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(d) Limited Liability for NCMEC-Contracted Vendors.--
</DELETED>
        <DELETED>    ``(1) In general.--Except as provided in paragraph 
        (2), a civil claim or criminal charge may not be brought in any 
        Federal or State court against a vendor contractually retained 
        and designated by NCMEC to support the clearinghouse role of 
        NCMEC, as set forth in section 404(b) of the Juvenile Justice 
        and Delinquency Prevention Act of 1974 (34 U.S.C. 
        11293(b)).</DELETED>
        <DELETED>    ``(2) Intentional, reckless, or other 
        misconduct.--Paragraph (1) shall not apply to a claim or charge 
        if the vendor--</DELETED>
                <DELETED>    ``(A) engaged in--</DELETED>
                        <DELETED>    ``(i) intentional 
                        misconduct;</DELETED>
                        <DELETED>    ``(ii) negligent conduct; 
                        or</DELETED>
                        <DELETED>    ``(iii) conduct not authorized 
                        under the contract of the vendor with NCMEC to 
                        support the clearinghouse role of NCMEC, as set 
                        forth in section 404(b) of the Juvenile Justice 
                        and Delinquency Prevention Act of 1974 (34 
                        U.S.C. 11293(b)); or</DELETED>
                <DELETED>    ``(B) acted, or failed to act--</DELETED>
                        <DELETED>    ``(i) with actual 
                        malice;</DELETED>
                        <DELETED>    ``(ii) with reckless disregard to 
                        a substantial risk of causing physical injury 
                        without legal justification; or</DELETED>
                        <DELETED>    ``(iii) for a purpose unrelated to 
                        the performance of any responsibility or 
                        function--</DELETED>
                                <DELETED>    ``(I) set forth in 
                                paragraph (1); or</DELETED>
                                <DELETED>    ``(II) under sections 
                                2258A, 2258C, 2702, or 2703.</DELETED>
        <DELETED>    ``(3) Minimizing access by vendor.--With respect 
        to any visual depiction of child pornography stored or 
        transferred by a vendor contractually retained and designated 
        by NCMEC to support the clearing house role of NCMEC, as set 
        forth in section 404(b) of the Juvenile Justice and Delinquency 
        Prevention Act of 1974 (34 U.S.C. 11293(b)), a vendor shall 
        minimize the number of employees that may be able to obtain 
        access to such visual depiction.</DELETED>
<DELETED>    ``(e) Limited Liability for Minors, and Persons Acting on 
Behalf of a Minor, Reporting Visual Depictions of Apparent Child 
Pornography in Which the Minor Is Depicted.--</DELETED>
        <DELETED>    ``(1) In general.--Except as provided in paragraph 
        (2), a civil claim or criminal charge may not be brought in any 
        Federal or State court against a minor, or a person acting on 
        behalf of a minor, arising from a report to the CyberTipline of 
        NCMEC by the minor or the person acting on behalf of a minor of 
        information that relates to a visual depiction of apparent 
        child pornography in which the minor is depicted, including a 
        copy of the visual depiction of the minor.</DELETED>
        <DELETED>    ``(2) Intentional, reckless, or other 
        misconduct.--Paragraph (1) shall not apply to a claim or charge 
        if the minor, or person acting on behalf of the minor--
        </DELETED>
                <DELETED>    ``(A) engaged in--</DELETED>
                        <DELETED>    ``(i) intentional misconduct in 
                        submitting the report to the CyberTipline of 
                        NCMEC of information that relates to a visual 
                        depiction of apparent child pornography in 
                        which the minor is depicted, including a copy 
                        of the visual depiction of the minor; 
                        or</DELETED>
                        <DELETED>    ``(ii) negligent conduct; 
                        or</DELETED>
                <DELETED>    ``(B) acted, or failed to act--</DELETED>
                        <DELETED>    ``(i) with actual malice; 
                        or</DELETED>
                        <DELETED>    ``(ii) with reckless disregard to 
                        a substantial risk of causing physical injury 
                        without legal justification.</DELETED>
        <DELETED>    ``(3) Minimizing access.--With respect to any 
        visual depiction of child pornography reported to the 
        CyberTipline of NCMEC by a minor, or a person acting on behalf 
        of a minor, in which the minor is depicted, NCMEC shall 
        minimize access to the visual depiction and ensure the 
        appropriate deletion of the visual depiction, as set forth in 
        section 2258D.''.</DELETED>
<DELETED>    (b) Applicability.--The amendment made by subsection (a) 
shall apply with respect to a civil claim or criminal charge that is 
filed on or after the date of enactment of this Act.</DELETED>
<DELETED>    (c) Table of Sections Amendment.--The table of sections 
for chapter 110 of title 18, United States Code, is amended by striking 
the item relating to section 2258B and inserting the 
following:</DELETED>

<DELETED>``2258B. Limited liability for the reporting, storage, and 
                            handling of certain visual depictions of 
                            apparent child pornography to the National 
                            Center for Missing and Exploited 
                            Children.''.

<DELETED>SEC. 3. PRESERVATION OF REPORTS TO CYBERTIPLINE RELATED TO 
              ONLINE SEXUAL EXPLOITATION OF CHILDREN.</DELETED>

<DELETED>    Section 2258A(h) of title 18, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``90 days'' and 
        inserting ``1 year''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(5) Extension of preservation.--A provider of a 
        report to the CyberTipline under subsection (a)(1) 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.</DELETED>
        <DELETED>    ``(6) Method of preservation.--Not later than 1 
        year after the date of enactment of this paragraph, a provider 
        of a report to the CyberTipline under subsection (a)(1) shall 
        preserve materials under this subsection in a manner that is 
        consistent with the most recent version of the Cybersecurity 
        Framework developed by the National Institute of Standards and 
        Technology, or any successor thereto.''.</DELETED>

<DELETED>SEC. 4. STRENGTHENING OF DUTY TO REPORT APPARENT VIOLATIONS TO 
              CYBERTIPLINE RELATED TO ONLINE EXPLOITATION OF 
              CHILDREN.</DELETED>

<DELETED>    (a) Amendments.--Section 2258A of title 18, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1)(A)--</DELETED>
                        <DELETED>    (i) in the matter preceding clause 
                        (i), by inserting ``shall'' after 
                        ``provider'';</DELETED>
                        <DELETED>    (ii) in clause (i), by striking 
                        ``shall,''; and</DELETED>
                        <DELETED>    (iii) in clause (ii), by striking 
                        ``may,''; and</DELETED>
                <DELETED>    (B) in paragraph (2)(A), by inserting ``, 
                of section 1591 (if the violation involves a minor), or 
                of 2422(b)'' after ``child pornography''; and</DELETED>
        <DELETED>    (2) in subsection (e)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                ``$150,000'' and inserting ``$850,000 in the case of a 
                provider with not less than 100,000,000 monthly active 
                users or $600,000 in the case of a provider with less 
                than 100,000,000 monthly active users''; and</DELETED>
                <DELETED>    (B) in paragraph (2), by striking 
                ``$300,000'' and inserting ``$1,000,000 in the case of 
                a provider with not less than 100,000,000 monthly 
                active users or $850,000 in the case of a provider with 
                less than 100,000,000 monthly active users''.</DELETED>
<DELETED>    (b) Guidance.--Not later than 180 days after the date of 
enactment of this Act, the National Center for Missing & Exploited 
Children shall issue guidance to providers required to take actions 
described in section 2258A(a)(1)(B) of title 18, United States Code, on 
the facts or circumstances that constitute an apparent violation of 
section 1591 of that title and of section 2422(b) of that 
title.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Revising Existing Procedures On 
Reporting via Technology Act'' or the ``REPORT Act''.

SEC. 2. LIMITED LIABILITY MODERNIZATION.

    (a) Amendments.--Section 2258B of title 18, United States Code, is 
amended--
            (1) in the section heading, by striking ``providers or 
        domain name registrars'' and inserting ``the reporting, 
        storage, and handling of certain visual depictions of apparent 
        child pornography to the National Center for Missing & 
        Exploited Children'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``or charge'' after ``a claim''; and
                    (B) in paragraph (2)(C), by striking ``this 
                section,''; and
            (3) by adding at the end the following:
    ``(d) Limited Liability for NCMEC-Contracted Vendors.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        civil claim or criminal charge may not be brought in any 
        Federal or State court against a vendor contractually retained 
        and designated by NCMEC to support the duties of NCMEC under 
        section 404(b)(1)(K) of the Juvenile Justice and Delinquency 
        Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)).
            ``(2) Intentional, reckless, or other misconduct.--
        Paragraph (1) shall not apply to a claim or charge if the 
        vendor--
                    ``(A) engaged in--
                            ``(i) intentional misconduct; or
                            ``(ii) negligent conduct; or
                    ``(B) acted, or failed to act--
                            ``(i) with actual malice;
                            ``(ii) with reckless disregard to a 
                        substantial risk of causing injury without 
                        legal justification; or
                            ``(iii) for a purpose unrelated to the 
                        performance of any responsibility or function--
                                    ``(I) set forth in paragraph (1); 
                                or
                                    ``(II) pursuant to sections 2258A, 
                                2258C, 2702, or 2703.
            ``(3) Minimizing access by vendor.--With respect to any 
        visual depiction provided pursuant to the duties of NCMEC under 
        section 404(b)(1)(K) of the Juvenile Justice and Delinquency 
        Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)) that is 
        stored or transferred by a vendor contractually retained and 
        designated by NCMEC to support such duties of NCMEC, a vendor 
        shall--
                    ``(A) minimize the number of employees that may be 
                able to obtain access to such visual depiction; and
                    ``(B) employ end-to-end encryption for data storage 
                and transfer functions, or an equivalent technological 
                standard.
    ``(e) Limited Liability for Reporting Apparent Child Pornography by 
an Individual Depicted in the Child Pornography as a Minor, or a 
Representative of Such Individual.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        civil claim or criminal charge may not be brought in any 
        Federal or State court against an individual depicted in child 
        pornography as a minor, or a representative of such individual, 
        arising from a report to the NCMEC CyberTipline by the 
        individual, or the representative of such individual, of 
        information that relates to the child pornography in which the 
        individual is depicted as a minor, including a copy of the 
        child pornography.
            ``(2) Intentional, reckless, or other misconduct.--
        Paragraph (1) shall not apply to a claim or charge if the 
        individual, or the representative of such individual--
                    ``(A) engaged in--
                            ``(i) intentional misconduct;
                            ``(ii) negligent conduct; or
                            ``(iii) any activity which constitutes a 
                        violation of section 2251; or
                    ``(B) acted, or failed to act--
                            ``(i) with actual malice; or
                            ``(ii) with reckless disregard to a 
                        substantial risk of causing injury without 
                        legal justification.
            ``(3) Minimizing access.--With respect to any child 
        pornography reported to the NCMEC CyberTipline by an individual 
        depicted in the child pornography as a minor, or a 
        representative of such individual, NCMEC shall minimize access 
        to the child pornography and ensure the appropriate deletion of 
        the child pornography, as set forth in section 2258D.
            ``(4) Definition.--For purposes of this subsection, the 
        term `representative', with respect to an individual depicted 
        in child pornography--
                    ``(A) means--
                            ``(i) the parent or legal guardian of the 
                        individual, if the individual is under 18 years 
                        of age;
                            ``(ii) the legal guardian or other person 
                        appointed by a court to represent the 
                        individual;
                            ``(iii) a legal representative retained by 
                        the individual;
                            ``(iv) a representative of the estate of 
                        the individual; or
                            ``(v) a person who is a mandated reporter 
                        under section 226(a)(1) of the Victims of Child 
                        Abuse Act of 1990 (34 U.S.C. 20341(a)(1)); and
                    ``(B) does not include a person who engaged in any 
                activity which constitutes a violation of section 
                2251.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply with respect to a civil claim or criminal charge that is filed on 
or after the date of enactment of this Act.
    (c) Table of Sections Amendment.--The table of sections for chapter 
110 of title 18, United States Code, is amended by striking the item 
relating to section 2258B and inserting the following:

``2258B. Limited liability for the reporting, storage, and handling of 
                            certain visual depictions of apparent child 
                            pornography to the National Center for 
                            Missing & Exploited Children.''.

SEC. 3. PRESERVATION OF REPORTS TO CYBERTIPLINE RELATED TO ONLINE 
              SEXUAL EXPLOITATION OF CHILDREN.

    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 under subsection (a)(1) 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.
            ``(6) Method of preservation.--Not later than 1 year after 
        the date of enactment of this paragraph, a provider of a report 
        to the CyberTipline under subsection (a)(1) shall preserve 
        materials under this subsection in a manner that is consistent 
        with the most recent version of the Cybersecurity Framework 
        developed by the National Institute of Standards and 
        Technology, or any successor thereto.''.

SEC. 4. STRENGTHENING OF DUTY TO REPORT APPARENT VIOLATIONS TO 
              CYBERTIPLINE RELATED TO ONLINE EXPLOITATION OF CHILDREN.

    (a) Amendments.--Section 2258A of title 18, United States Code, is 
amended--
            (1) in subsection (a)(2)(A), by inserting ``, of section 
        1591 (if the violation involves a minor), or of 2422(b)'' after 
        ``child pornography''; and
            (2) in subsection (e)--
                    (A) in paragraph (1), by striking ``$150,000'' and 
                inserting ``$850,000 in the case of a provider with not 
                less than 100,000,000 monthly active users or $600,000 
                in the case of a provider with less than 100,000,000 
                monthly active users''; and
                    (B) in paragraph (2), by striking ``$300,000'' and 
                inserting ``$1,000,000 in the case of a provider with 
                not less than 100,000,000 monthly active users or 
                $850,000 in the case of a provider with less than 
                100,000,000 monthly active users''.
    (b) Guidelines.--Not later than 180 days after the date of 
enactment of this Act, the National Center for Missing & Exploited 
Children may issue guidelines, as appropriate, to providers required or 
permitted to take actions described in section 2258A(a)(1)(B) of title 
18, United States Code, on the relevant identifiers for content that 
may indicate sex trafficking of children, as described in section 1591 
of that title, or enticement, as described in section 2422(b) of that 
title.
                                                        Calendar No. 85

118th CONGRESS

  1st Session

                                 S. 474

_______________________________________________________________________

                                 A BILL

 To amend title 18, United States Code, to strengthen reporting to the 
  CyberTipline related to online sexual exploitation of children, to 
  modernize liabilities for such reports, to preserve the contents of 
            such reports for 1 year, and for other purposes.

_______________________________________________________________________

                           February 16, 2023

               Reported by Mr. Durbin, with an amendment