[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2912-S2913]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 795. Mr. OSSOFF (for Mrs. Blackburn (for herself, Mr. Ossoff, and 
Mr. Lee)) submitted an amendment intended to be proposed by Mr. Ossoff 
to the bill S. 2226, to authorize appropriations for fiscal year 2024 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

  Subtitle H--Revising Existing Procedures on Reporting Via Technology

     SEC. 1091. SHORT TITLE.

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

     SEC. 1092. 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. 1093. 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

[[Page S2913]]

     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. 1094. 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.
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