[Congressional Record Volume 170, Number 73 (Monday, April 29, 2024)]
[House]
[Pages H2683-H2685]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      REVISING EXISTING PROCEDURES ON REPORTING VIA TECHNOLOGY ACT

  Ms. LEE of Florida. Mr. Speaker, I move to suspend the rules and pass 
the bill (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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 S. 474

       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 ``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) Vendor cybersecurity requirements.--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) secure such visual depiction 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;
       ``(B) minimize the number of employees that may be able to 
     obtain access to such visual depiction;
       ``(C) employ end-to-end encryption for data storage and 
     transfer functions, or an equivalent technological standard;
       ``(D) undergo an independent annual cybersecurity audit to 
     determine whether such visual depiction is secured as 
     required under subparagraph (A); and
       ``(E) promptly address all issues identified by an audit 
     described in subparagraph (D).
       ``(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

[[Page H2684]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Florida (Ms. Lee) and the gentlewoman from Pennsylvania (Ms. Dean) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Florida.


                             General Leave

  Ms. LEE of Florida. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on S. 474, the bill now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Florida.
  There was no objection.
  Ms. LEE of Florida. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the bill we are here to discuss today is the Revising 
Existing Procedures on Reporting via Technology Act, or REPORT Act.
  This is a strong bipartisan bill that provides additional tools to 
investigate and catch criminal purveyors of child sex abuse material, 
or CSAM.
  The exploitation of children through CSAM remains a serious problem 
both within the United States and abroad. We have heard extensive 
testimony about these issues in our two victims' focused hearings in 
the Subcommittee on Crime and Federal Government Surveillance of the 
Judiciary Committee, one in September and one earlier this month.
  Reports of CSAM continue to grow exponentially, with 3,000 reports in 
1998 growing to more than 1 million in 2014 and 36.2 million in 2023.
  We have gaps in Federal law that prevent the National Center For 
Missing and Exploited Children, or NCMEC, from preserving reports of 
CSAM, which hinders law enforcement from holding these predators 
accountable.
  With the growing proliferation of CSAM on the internet, NCMEC, 
Homeland Security investigations, and other entities that protect 
children need additional support and investigative tools to bring these 
predators to justice.
  The REPORT Act will extend the duration for which evidence submitted 
to the CyberTipline is preserved from 90 days to 1 year.
  This will allow law enforcement agencies the much-needed time to 
conduct comprehensive investigations and strengthen the legal framework 
against online predators.
  This bill will strengthen existing law that requires providers to 
report to law enforcement as soon as reasonably possible after 
obtaining information about CSAM.
  Currently, many providers maintain an adequate reporting system. 
However, the REPORT Act will increase fines for companies that fail to 
meet these standards and will further penalize companies that 
repeatedly fail to report exploitative contact.
  I thank all of the advocates who helped us get where we are today 
with this bill, including the American Conservative Union, the National 
Center for Missing and Exploited Children, the National Center on 
Sexual Exploitation, International Justice Mission, Rights4Girls, PACT-
USA, Raven, the Tim Tebow Foundation, and so many more.
  I cannot thank them enough for all that each of them does to protect 
and advocate on behalf of child victims in both the United States and 
abroad.

                              {time}  1815

  I also thank my colleagues across the aisle for their support of this 
bill, including Representative Madeleine Dean, Representative Lucy 
McBath, and Representative Glenn Ivey.
  Lastly, I thank law enforcement for their tireless efforts to protect 
children, including Homeland Security Investigations and the Internet 
Crimes Against Children task forces across the country.
  This legislation will make a significant impact on our ability to 
investigate and prosecute child predators. I am thrilled this bill 
passed out of the Judiciary Committee 23-0, and I am thrilled to see it 
brought before this Chamber for a vote today.
  Simply put, the legislation is crucial. It is supported by law 
enforcement, advocacy groups, and tech companies alike. It is 
bipartisan, it is common sense, and it will save lives.
  I urge all my colleagues to pass the REPORT Act and take this 
important step to protect children.
  Mr. Speaker, I reserve the balance of my time.
  Ms. DEAN of Pennsylvania. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise in support of S. 474, the REPORT Act. I am 
pleased to cosponsor the House version of this legislation with my 
colleague and friend from Florida. I thank Representative Lee for her 
leadership on this bill. The REPORT Act would strengthen the ongoing 
collaboration between law enforcement and technology providers to 
combat sexual exploitation of children.
  The exploitation of children through the proliferation of child sex 
abuse material, frequently referred to as CSAM, can be stopped only 
with cooperation across many different sectors of American society, 
from law enforcement to victims' groups to local leaders and technology 
providers.
  The REPORT Act would enable this cooperation and encourage much 
greater reporting to the CyberTipline, operated by the National Center 
for Missing and Exploited Children, or NCMEC.
  This legislation would also modify how photos and videos of child sex 
abuse are stored by providers, would change reporting requirements for 
platforms, and would give law enforcement more time to investigate 
these cases. By making updates to the law, the REPORT Act will help law 
enforcement evolve with the threat, as consumption of child sexual 
abuse content permeates new technology spaces.
  Advancements in technology, from generative AI to social networking 
platforms, clearly benefit society. Technology has brought us cutting-
edge medical and therapeutic breakthroughs, the ability to keep in 
touch with loved ones far away, and opportunities for budding 
entrepreneurs and artists who leverage technology to reach their 
audiences without costly barriers to entry.
  However, there is also a dark side. Law enforcement experts and 
victims' advocates agree: Advancements in technology have led to an 
explosion of images depicting child sexual abuse available and 
distributed online.
  Demand for new and more egregious photos and videos drives the market 
for this material, resulting in the continued grotesque abuse and 
exploitation of children.
  Through their comprehensive efforts, the Internet Crimes Against 
Children, or ICAC, task forces, which represent more than 5,400 local, 
State, and Federal law enforcement and prosecutorial agencies, are 
making progress in identifying and rescuing victims of child sex abuse 
material.
  However, the growth of the problem continues to outpace the resources

[[Page H2685]]

available to identify and locate victims, especially since law 
enforcement, prosecutors, the tech industry, and other organization 
must continually contend with the emergence of new technologies, like 
AI, which further complicates their efforts.
  Under the process for reporting child sexual abuse material today, 
electronic service providers, or companies that offer a platform 
through which users can communicate, are required to report instances 
of CSAM to the CyberTipline. After a tip is reported, the company works 
with NCMEC to share relevant information. NCMEC reviews the incoming 
reports and then refers them out to the appropriate law enforcement 
agency, typically a regional ICAC task force.
  To date, NCMEC reports that the CyberTipline has received more than 
92 million reports since it began in 1998, the majority of them from 
electronic communication service providers.
  NCMEC's Child Victim Identification Program has reviewed more than 
331 million images and videos. That is more than 25 million images each 
year. That is grotesque. While most children reflected in the images 
remain unknown, more than 19,300 victims have been identified.
  I commend the successes of NCMEC and other law enforcement agencies 
in identifying and rescuing victims, but we cannot be satisfied while 
so many CSAM victims remain unidentified. That is why the REPORT Act is 
an important first step to increasing the effectiveness of CSAM reports 
and better protecting victims from child sexual abuse.
  The Senate passed this bill by unanimous consent, with the support of 
law enforcement groups, the National Center For Missing and Exploited 
Children, or NCMEC, and technology providers. With passage of the bill 
today, the next stop will be President Biden's desk.
  Mr. Speaker, I thank Representative Lee for her extraordinary 
leadership to protect all of our children.
  In conclusion, the REPORT Act takes an important step toward 
combating the proliferation of child sexual abuse material online and 
protecting victims from future abuse. I thank Representative Lee for 
her leadership in introducing the House version of this bill. I am 
proud to cosponsor it with her. I thank our Senate partners for 
sponsoring this legislation. This is about our children.
  Mr. Speaker, I urge all Members to support the bill, and I yield back 
the balance of my time.
  Ms. LEE of Florida. Mr. Speaker, I thank Representative Dean. It was 
a privilege to cosponsor this important legislation with her.
  I urge my colleagues to support this important bill, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Florida (Ms. Lee) that the House suspend the rules and 
pass the bill, S. 474.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________