II 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Revising Existing Pro3 cedures On Reporting via Technology Act’’ or the ‘‘RE4 PORT Act’’. 

5 SEC. 2. LIMITED LIABILITY MODERNIZATION. 

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

7 United States Code, is amended— 

8 (1) in the section heading, by striking ‘‘pro9 viders or domain name registrars’’ and in10 serting ‘‘the reporting, storage, and han11 dling of certain visual depictions of ap12 parent child pornography to the National 

13 Center for Missing and Exploited Chil14 dren’’; 

15 (2) in subsection (b)— 

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

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

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

19 section,’’; and 

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

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

22 VENDORS.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), a civil claim or criminal charge may not 

25 be brought in any Federal or State court against a 

26 vendor contractually retained and designated by 


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1 NCMEC to support the clearinghouse role of 

2 NCMEC, as set forth in section 404(b) of the Juve3 nile Justice and Delinquency Prevention Act of 1974 

4 (34 U.S.C. 11293(b)). 

5 ‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS6 CONDUCT.—Paragraph (1) shall not apply to a claim 

7 or charge if the vendor— 

8 ‘‘(A) engaged in— 

9 ‘‘(i) intentional misconduct; 

10 ‘‘(ii) negligent conduct; or 

11 ‘‘(iii) conduct not authorized under 

12 the contract of the vendor with NCMEC to 

13 support the clearinghouse role of NCMEC, 

14 as set forth in section 404(b) of the Juve15 nile Justice and Delinquency Prevention 

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

17 ‘‘(B) acted, or failed to act— 

18 ‘‘(i) with actual malice; 

19 ‘‘(ii) with reckless disregard to a sub20 stantial risk of causing physical injury 

21 without legal justification; or 

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

23 performance of any responsibility or func24 tion— 


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1 ‘‘(I) set forth in paragraph (1); 

2 or 

3 ‘‘(II) under sections 2258A, 

4 2258C, 2702, or 2703. 

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

6 respect to any visual depiction of child pornography 

7 stored or transferred by a vendor contractually re8 tained and designated by NCMEC to support the 

9 clearing house role of NCMEC, as set forth in sec10 tion 404(b) of the Juvenile Justice and Delinquency 

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

12 vendor shall minimize the number of employees that 

13 may be able to obtain access to such visual depic14 tion. 

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

16 ACTING ON BEHALF OF A MINOR, REPORTING VISUAL

17 DEPICTIONS OF APPARENT CHILD PORNOGRAPHY IN

18 WHICH THE MINOR IS DEPICTED.— 

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 minor, or a person acting on behalf of a minor, aris23 ing from a report to the CyberTipline of NCMEC by 

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

25 of information that relates to a visual depiction of 


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1 apparent child pornography in which the minor is 

2 depicted, including a copy of the visual depiction of 

3 the minor. 

4 ‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS5 CONDUCT.—Paragraph (1) shall not apply to a claim 

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

7 of the minor— 

8 ‘‘(A) engaged in— 

9 ‘‘(i) intentional misconduct in submit10 ting the report to the CyberTipline of 

11 NCMEC of information that relates to a 

12 visual depiction of apparent child pornog13 raphy in which the minor is depicted, in14 cluding a copy of the visual depiction of 

15 the minor; or 

16 ‘‘(ii) negligent conduct; or 

17 ‘‘(B) acted, or failed to act— 

18 ‘‘(i) with actual malice; or 

19 ‘‘(ii) with reckless disregard to a sub20 stantial risk of causing physical injury 

21 without legal justification. 

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

23 visual depiction of child pornography reported to the 

24 CyberTipline of NCMEC by a minor, or a person 

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


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1 depicted, NCMEC shall minimize access to the vis2 ual depiction and ensure the appropriate deletion of 

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

4 (b) APPLICABILITY.—The amendment made by sub5 section (a) shall apply with respect to a civil claim or 

6 criminal charge that is filed on or after the date of enact7 ment of this Act. 

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

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

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

11 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.’’. 

12 SEC. 3. PRESERVATION OF REPORTS TO CYBERTIPLINE RE13 LATED TO ONLINE SEXUAL EXPLOITATION OF 

14 CHILDREN. 

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

16 amended— 

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

18 inserting ‘‘1 year’’; and 

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

20 ‘‘(5) EXTENSION OF PRESERVATION.—A pro21 vider of a report to the CyberTipline under sub22 section (a)(1) may voluntarily preserve the contents 

23 provided in the report (including any comingled con24 tent described in paragraph (2)) for longer than 1 


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1 year after the submission to the CyberTipline for the 

2 purpose of reducing the proliferation of online child 

3 sexual exploitation or preventing the online sexual 

4 exploitation of children. 

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

6 than 1 year after the date of enactment of this para7 graph, a provider of a report to the CyberTipline 

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

9 under this subsection in a manner that is consistent 

10 with the most recent version of the Cybersecurity 

11 Framework developed by the National Institute of 

12 Standards and Technology, or any successor there13 to.’’. 

14 SEC. 4. STRENGTHENING OF DUTY TO REPORT APPARENT 

15 VIOLATIONS TO CYBERTIPLINE RELATED TO 

16 ONLINE EXPLOITATION OF CHILDREN. 

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

18 United States Code, is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1)(A)— 

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

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

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

24 and 


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

2 and 

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

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

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

6 (2) in subsection (e)— 

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

8 ‘‘$150,000’’ and inserting ‘‘$850,000 in the 

9 case of a provider with not less than 

10 100,000,000 monthly active users or $600,000 

11 in the case of a provider with less than 

12 100,000,000 monthly active users’’; and 

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

14 ‘‘$300,000’’ and inserting ‘‘$1,000,000 in the 

15 case of a provider with not less than 

16 100,000,000 monthly active users or $850,000 

17 in the case of a provider with less than 

18 100,000,000 monthly active users’’. 

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

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

21 Missing & Exploited Children shall issue guidance to pro22 viders required to take actions described in section 

23 2258A(a)(1)(B) of title 18, United States Code, on the 

24 facts or circumstances that constitute an apparent violaVerDate Sep 11 2014 23:42 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S474.RS S474

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1 tion of section 1591 of that title and of section 2422(b) 

2 of that title. 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Revising Existing Proce5 dures On Reporting via Technology Act’’ or the ‘‘REPORT 

6 Act’’. 

7 SEC. 2. LIMITED LIABILITY MODERNIZATION. 

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

9 States Code, is amended— 

10 (1) in the section heading, by striking ‘‘pro11 viders or domain name registrars’’ and in12 serting ‘‘the reporting, storage, and han13 dling of certain visual depictions of ap14 parent child pornography to the National 

15 Center for Missing & Exploited Children’’; 

16 (2) in subsection (b)— 

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

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

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

20 section,’’; and 

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

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

23 VENDORS.— 

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), a civil claim or criminal charge may not 


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1 be brought in any Federal or State court against a 

2 vendor contractually retained and designated by 

3 NCMEC to support the duties of NCMEC under sec4 tion 404(b)(1)(K) of the Juvenile Justice and Delin5 quency Prevention Act of 1974 (34 U.S.C. 

6 11293(b)(1)(K)). 

7 ‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS8 CONDUCT.—Paragraph (1) shall not apply to a claim 

9 or charge if the vendor— 

10 ‘‘(A) engaged in— 

11 ‘‘(i) intentional misconduct; or 

12 ‘‘(ii) negligent conduct; 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 injury without legal 

17 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); or 

22 ‘‘(II) pursuant to sections 2258A, 

23 2258C, 2702, or 2703. 

24 ‘‘(3) MINIMIZING ACCESS BY VENDOR.—With re25 spect to any visual depiction provided pursuant to 


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1 the duties of NCMEC under section 404(b)(1)(K) of 

2 the Juvenile Justice and Delinquency Prevention Act 

3 of 1974 (34 U.S.C. 11293(b)(1)(K)) that is stored or 

4 transferred by a vendor contractually retained and 

5 designated by NCMEC to support such duties of 

6 NCMEC, a vendor shall— 

7 ‘‘(A) minimize the number of employees 

8 that may be able to obtain access to such visual 

9 depiction; and 

10 ‘‘(B) employ end-to-end encryption for data 

11 storage and transfer functions, or an equivalent 

12 technological standard. 

13 ‘‘(e) LIMITED LIABILITY FOR REPORTING APPARENT

14 CHILD PORNOGRAPHY BY AN INDIVIDUAL DEPICTED IN THE

15 CHILD PORNOGRAPHY AS A MINOR, OR A REPRESENTATIVE

16 OF SUCH INDIVIDUAL.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), a civil claim or criminal charge may not 

19 be brought in any Federal or State court against an 

20 individual depicted in child pornography as a minor, 

21 or a representative of such individual, arising from a 

22 report to the NCMEC CyberTipline by the individual, 

23 or the representative of such individual, of informa24 tion that relates to the child pornography in which 


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1 the individual is depicted as a minor, including a 

2 copy of the child pornography. 

3 ‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS4 CONDUCT.—Paragraph (1) shall not apply to a claim 

5 or charge if the individual, or the representative of 

6 such individual— 

7 ‘‘(A) engaged in— 

8 ‘‘(i) intentional misconduct; 

9 ‘‘(ii) negligent conduct; or 

10 ‘‘(iii) any activity which constitutes a 

11 violation of section 2251; or 

12 ‘‘(B) acted, or failed to act— 

13 ‘‘(i) with actual malice; or 

14 ‘‘(ii) with reckless disregard to a sub15 stantial risk of causing injury without legal 

16 justification. 

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

18 child pornography reported to the NCMEC 

19 CyberTipline by an individual depicted in the child 

20 pornography as a minor, or a representative of such 

21 individual, NCMEC shall minimize access to the child 

22 pornography and ensure the appropriate deletion of 

23 the child pornography, as set forth in section 2258D. 


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1 ‘‘(4) DEFINITION.—For purposes of this sub2 section, the term ‘representative’, with respect to an 

3 individual depicted in child pornography— 

4 ‘‘(A) means— 

5 ‘‘(i) the parent or legal guardian of the 

6 individual, if the individual is under 18 

7 years of age; 

8 ‘‘(ii) the legal guardian or other person 

9 appointed by a court to represent the indi10 vidual; 

11 ‘‘(iii) a legal representative retained by 

12 the individual; 

13 ‘‘(iv) a representative of the estate of 

14 the individual; or 

15 ‘‘(v) a person who is a mandated re16 porter under section 226(a)(1) of the Vic17 tims of Child Abuse Act of 1990 (34 U.S.C. 

18 20341(a)(1)); and 

19 ‘‘(B) does not include a person who engaged 

20 in any activity which constitutes a violation of 

21 section 2251.’’. 

22 (b) APPLICABILITY.—The amendments made by sub23 section (a) shall apply with respect to a civil claim or 

24 criminal charge that is filed on or after the date of enact25 ment of this Act. 


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

2 sections for chapter 110 of title 18, United States Code, is 

3 amended by striking the item relating to section 2258B and 

4 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.’’. 

5 SEC. 3. PRESERVATION OF REPORTS TO CYBERTIPLINE RE6 LATED TO ONLINE SEXUAL EXPLOITATION OF 

7 CHILDREN. 

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

9 amended— 

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

11 inserting ‘‘1 year’’; and 

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

13 ‘‘(5) EXTENSION OF PRESERVATION.—A provider 

14 of a report to the CyberTipline under subsection 

15 (a)(1) may voluntarily preserve the contents provided 

16 in the report (including any comingled content de17 scribed in paragraph (2)) for longer than 1 year after 

18 the submission to the CyberTipline for the purpose of 

19 reducing the proliferation of online child sexual ex20 ploitation or preventing the online sexual exploitation 

21 of children. 

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

23 than 1 year after the date of enactment of this para24 graph, a provider of a report to the CyberTipline 


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

2 this subsection in a manner that is consistent with 

3 the most recent version of the Cybersecurity Frame4 work developed by the National Institute of Standards 

5 and Technology, or any successor thereto.’’. 

6 SEC. 4. STRENGTHENING OF DUTY TO REPORT APPARENT 

7 VIOLATIONS TO CYBERTIPLINE RELATED TO 

8 ONLINE EXPLOITATION OF CHILDREN. 

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

10 States Code, is amended— 

11 (1) in subsection (a)(2)(A), by inserting ‘‘, of sec12 tion 1591 (if the violation involves a minor), or of 

13 2422(b)’’ after ‘‘child pornography’’; and 

14 (2) in subsection (e)— 

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

16 ‘‘$150,000’’ and inserting ‘‘$850,000 in the case 

17 of a provider with not less than 100,000,000 

18 monthly active users or $600,000 in the case of 

19 a provider with less than 100,000,000 monthly 

20 active users’’; and 

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

22 ‘‘$300,000’’ and inserting ‘‘$1,000,000 in the 

23 case of a provider with not less than 100,000,000 

24 monthly active users or $850,000 in the case of 


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1 a provider with less than 100,000,000 monthly 

2 active users’’. 

3 (b) GUIDELINES.—Not later than 180 days after the 

4 date of enactment of this Act, the National Center for Miss5 ing & Exploited Children may issue guidelines, as appro6 priate, to providers required or permitted to take actions 

7 described in section 2258A(a)(1)(B) of title 18, United 

8 States Code, on the relevant identifiers for content that may 

9 indicate sex trafficking of children, as described in section 

10 1591 of that title, or enticement, as described in section 

11 2422(b) of that title. 


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Calendar No. 85 

118TH CONGRESS 

1ST SESSION S. 474 

A BILL 

To amend title 18, United States Code, to strengthposes. of such reports for 1 year, and for other pur- abilities for such reports, to preserve the contents sexual exploitation of children, to modernize li- en reporting to the CyberTipline related to online 

FEBRUARY 16, 2023 

Reported by Mr. Durbin, with an amendment 


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