II 

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 and Mr. OSSOFF) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Revising Existing Pro5 cedures On Reporting via Technology Act’’ or the ‘‘RE6 PORT Act’’. 


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1 SEC. 2. LIMITED LIABILITY MODERNIZATION. 

2 (a) AMENDMENTS.—Section 2258B of title 18, 

3 United States Code, is amended— 

4 (1) in the section heading, by striking ‘‘pro5 viders or domain name registrars’’ and in6 serting ‘‘the reporting, storage, and han7 dling of certain visual depictions of ap8 parent child pornography to the National 

9 Center for Missing and Exploited Chil10 dren’’; 

11 (2) in subsection (b)— 

12 (A) in the matter preceding paragraph (1), 

13 by inserting ‘‘or charge’’ after ‘‘a claim’’; and 

14 (B) in paragraph (2)(C), by striking ‘‘this 

15 section,’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(d) LIMITED LIABILITY FOR NCMEC-CONTRACTED

18 VENDORS.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), a civil claim or criminal charge may not 

21 be brought in any Federal or State court against a 

22 vendor contractually retained and designated by 

23 NCMEC to support the clearinghouse role of 

24 NCMEC, as set forth in section 404(b) of the Juve25 nile Justice and Delinquency Prevention Act of 1974 

26 (34 U.S.C. 11293(b)). 


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1 ‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS2 CONDUCT.—Paragraph (1) shall not apply to a claim 

3 or charge if the vendor— 

4 ‘‘(A) engaged in— 

5 ‘‘(i) intentional misconduct; 

6 ‘‘(ii) negligent conduct; or 

7 ‘‘(iii) conduct not authorized under 

8 the contract of the vendor with NCMEC to 

9 support the clearinghouse role of NCMEC, 

10 as set forth in section 404(b) of the Juve11 nile Justice and Delinquency Prevention 

12 Act of 1974 (34 U.S.C. 11293(b)); or 

13 ‘‘(B) acted, or failed to act— 

14 ‘‘(i) with actual malice; 

15 ‘‘(ii) with reckless disregard to a sub16 stantial risk of causing physical injury 

17 without legal justification; or 

18 ‘‘(iii) for a purpose unrelated to the 

19 performance of any responsibility or func20 tion— 

21 ‘‘(I) set forth in paragraph (1); 

22 or 

23 ‘‘(II) under sections 2258A, 

24 2258C, 2702, or 2703. 


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1 ‘‘(3) MINIMIZING ACCESS BY VENDOR.—With 

2 respect to any visual depiction of child pornography 

3 stored or transferred by a vendor contractually re4 tained and designated by NCMEC to support the 

5 clearing house role of NCMEC, as set forth in sec6 tion 404(b) of the Juvenile Justice and Delinquency 

7 Prevention Act of 1974 (34 U.S.C. 11293(b)), a 

8 vendor shall minimize the number of employees that 

9 may be able to obtain access to such visual depic10 tion. 

11 ‘‘(e) LIMITED LIABILITY FOR MINORS, AND PERSONS

12 ACTING ON BEHALF OF A MINOR, REPORTING VISUAL

13 DEPICTIONS OF APPARENT CHILD PORNOGRAPHY IN

14 WHICH THE MINOR IS DEPICTED.— 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), a civil claim or criminal charge may not 

17 be brought in any Federal or State court against a 

18 minor, or a person acting on behalf of a minor, aris19 ing from a report to the CyberTipline of NCMEC by 

20 the minor or the person acting on behalf of a minor 

21 of information that relates to a visual depiction of 

22 apparent child pornography in which the minor is 

23 depicted, including a copy of the visual depiction of 

24 the minor. 


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1 ‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS2 CONDUCT.—Paragraph (1) shall not apply to a claim 

3 or charge if the minor, or person acting on behalf 

4 of the minor— 

5 ‘‘(A) engaged in— 

6 ‘‘(i) intentional misconduct in submit7 ting the report to the CyberTipline of 

8 NCMEC of information that relates to a 

9 visual depiction of apparent child pornog10 raphy in which the minor is depicted, in11 cluding a copy of the visual depiction of 

12 the minor; or 

13 ‘‘(ii) negligent conduct; or 

14 ‘‘(B) acted, or failed to act— 

15 ‘‘(i) with actual malice; or 

16 ‘‘(ii) with reckless disregard to a sub17 stantial risk of causing physical injury 

18 without legal justification. 

19 ‘‘(3) MINIMIZING ACCESS.—With respect to any 

20 visual depiction of child pornography reported to the 

21 CyberTipline of NCMEC by a minor, or a person 

22 acting on behalf of a minor, in which the minor is 

23 depicted, NCMEC shall minimize access to the vis24 ual depiction and ensure the appropriate deletion of 

25 the visual depiction, as set forth in section 2258D.’’. 


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1 (b) APPLICABILITY.—The amendment made by sub2 section (a) shall apply with respect to a civil claim or 

3 criminal charge that is filed on or after the date of enact4 ment of this Act. 

5 (c) TABLE OF SECTIONS AMENDMENT.—The table of 

6 sections for chapter 110 of title 18, United States Code, 

7 is amended by striking the item relating to section 2258B 

8 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 and Exploited Children.’’. 

9 SEC. 3. PRESERVATION OF REPORTS TO CYBERTIPLINE RE10 LATED TO ONLINE SEXUAL EXPLOITATION OF 

11 CHILDREN. 

12 Section 2258A(h) of title 18, United States Code, is 

13 amended— 

14 (1) in paragraph (1), by striking ‘‘90 days’’ and 

15 inserting ‘‘1 year’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(5) EXTENSION OF PRESERVATION.—A pro18 vider of a report to the CyberTipline under sub19 section (a)(1) may voluntarily preserve the contents 

20 provided in the report (including any comingled con21 tent described in paragraph (2)) for longer than 1 

22 year after the submission to the CyberTipline for the 

23 purpose of reducing the proliferation of online child 


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1 sexual exploitation or preventing the online sexual 

2 exploitation of children. 

3 ‘‘(6) METHOD OF PRESERVATION.—Not later 

4 than 1 year after the date of enactment of this para5 graph, a provider of a report to the CyberTipline 

6 under subsection (a)(1) shall preserve materials 

7 under this subsection in a manner that is consistent 

8 with the most recent version of the Cybersecurity 

9 Framework developed by the National Institute of 

10 Standards and Technology, or any successor there11 to.’’. 

12 SEC. 4. STRENGTHENING OF DUTY TO REPORT APPARENT 

13 VIOLATIONS TO CYBERTIPLINE RELATED TO 

14 ONLINE EXPLOITATION OF CHILDREN. 

15 (a) AMENDMENTS.—Section 2258A of title 18, 

16 United States Code, is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1)(A)— 

19 (i) in the matter preceding clause (i), 

20 by inserting ‘‘shall’’ after ‘‘provider’’; 

21 (ii) in clause (i), by striking ‘‘shall,’’; 

22 and 

23 (iii) in clause (ii), by striking ‘‘may,’’; 

24 and 


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1 (B) in paragraph (2)(A), by inserting ‘‘, of 

2 section 1591 (if the violation involves a minor), 

3 or of 2422(b)’’ after ‘‘child pornography’’; and 

4 (2) in subsection (e)— 

5 (A) in paragraph (1), by striking 

6 ‘‘$150,000’’ and inserting ‘‘$850,000 in the 

7 case of a provider with not less than 

8 100,000,000 monthly active users or $600,000 

9 in the case of a provider with less than 

10 100,000,000 monthly active users’’; and 

11 (B) in paragraph (2), by striking 

12 ‘‘$300,000’’ and inserting ‘‘$1,000,000 in the 

13 case of a provider with not less than 

14 100,000,000 monthly active users or $850,000 

15 in the case of a provider with less than 

16 100,000,000 monthly active users’’. 

17 (b) GUIDANCE.—Not later than 180 days after the 

18 date of enactment of this Act, the National Center for 

19 Missing & Exploited Children shall issue guidance to pro20 viders required to take actions described in section 

21 2258A(a)(1)(B) of title 18, United States Code, on the 

22 facts or circumstances that constitute an apparent viola23 tion of section 1591 of that title and of section 2422(b) 

24 of that title. 

Æ 


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