118TH CONGRESS 

1ST SESSION S. 474 

AN ACT 

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, 
2 

†S 474 ES

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 & 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 
3 

†S 474 ES

1 NCMEC to support the duties of NCMEC under 

2 section 404(b)(1)(K) of the Juvenile Justice and De3 linquency Prevention Act of 1974 (34 U.S.C. 

4 11293(b)(1)(K)). 

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; or 

10 ‘‘(ii) negligent conduct; or 

11 ‘‘(B) acted, or failed to act— 

12 ‘‘(i) with actual malice; 

13 ‘‘(ii) with reckless disregard to a sub14 stantial risk of causing injury without legal 

15 justification; or 

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

17 performance of any responsibility or func18 tion— 

19 ‘‘(I) set forth in paragraph (1); 

20 or 

21 ‘‘(II) pursuant to sections 

22 2258A, 2258C, 2702, or 2703. 

23 ‘‘(3) VENDOR CYBERSECURITY REQUIRE24 MENTS.—With respect to any visual depiction pro25 vided pursuant to the duties of NCMEC under sec-
4 

†S 474 ES

1 tion 404(b)(1)(K) of the Juvenile Justice and Delin2 quency Prevention Act of 1974 (34 U.S.C. 

3 11293(b)(1)(K)) that is stored or transferred by a 

4 vendor contractually retained and designated by 

5 NCMEC to support such duties of NCMEC, a ven6 dor shall— 

7 ‘‘(A) secure such visual depiction in a 

8 manner that is consistent with the most recent 

9 version of the Cybersecurity Framework devel10 oped by the National Institute of Standards 

11 and Technology, or any successor thereto; 

12 ‘‘(B) minimize the number of employees 

13 that may be able to obtain access to such visual 

14 depiction; 

15 ‘‘(C) employ end-to-end encryption for data 

16 storage and transfer functions, or an equivalent 

17 technological standard; 

18 ‘‘(D) undergo an independent annual cy19 bersecurity audit to determine whether such vis20 ual depiction is secured as required under sub21 paragraph (A); and 

22 ‘‘(E) promptly address all issues identified 

23 by an audit described in subparagraph (D). 

24 ‘‘(e) LIMITED LIABILITY FOR REPORTING APPARENT

25 CHILD PORNOGRAPHY BY AN INDIVIDUAL DEPICTED IN
5 

†S 474 ES

1 THE CHILD PORNOGRAPHY AS A MINOR, OR A REP2 RESENTATIVE OF SUCH INDIVIDUAL.— 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), a civil claim or criminal charge may not 

5 be brought in any Federal or State court against an 

6 individual depicted in child pornography as a minor, 

7 or a representative of such individual, arising from 

8 a report to the NCMEC CyberTipline by the indi9 vidual, or the representative of such individual, of 

10 information that relates to the child pornography in 

11 which the individual is depicted as a minor, includ12 ing a copy of the child pornography. 

13 ‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS14 CONDUCT.—Paragraph (1) shall not apply to a claim 

15 or charge if the individual, or the representative of 

16 such individual— 

17 ‘‘(A) engaged in— 

18 ‘‘(i) intentional misconduct; 

19 ‘‘(ii) negligent conduct; or 

20 ‘‘(iii) any activity which constitutes a 

21 violation of section 2251; or 

22 ‘‘(B) acted, or failed to act— 

23 ‘‘(i) with actual malice; or 
6 

†S 474 ES

1 ‘‘(ii) with reckless disregard to a sub2 stantial risk of causing injury without legal 

3 justification. 

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

5 child pornography reported to the NCMEC 

6 CyberTipline by an individual depicted in the child 

7 pornography as a minor, or a representative of such 

8 individual, NCMEC shall minimize access to the 

9 child pornography and ensure the appropriate dele10 tion of the child pornography, as set forth in section 

11 2258D. 

12 ‘‘(4) DEFINITION.—For purposes of this sub13 section, the term ‘representative’, with respect to an 

14 individual depicted in child pornography— 

15 ‘‘(A) means— 

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

17 the individual, if the individual is under 18 

18 years of age; 

19 ‘‘(ii) the legal guardian or other per20 son appointed by a court to represent the 

21 individual; 

22 ‘‘(iii) a legal representative retained 

23 by the individual; 

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

25 the individual; or 
7 

†S 474 ES

1 ‘‘(v) a person who is a mandated re2 porter under section 226(a)(1) of the Vic3 tims of Child Abuse Act of 1990 (34 

4 U.S.C. 20341(a)(1)); and 

5 ‘‘(B) does not include a person who en6 gaged in any activity which constitutes a viola7 tion of section 2251.’’. 

8 (b) APPLICABILITY.—The amendments made by sub9 section (a) shall apply with respect to a civil claim or 

10 criminal charge that is filed on or after the date of enact11 ment of this Act. 

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

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

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

15 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.’’. 

16 SEC. 3. PRESERVATION OF REPORTS TO CYBERTIPLINE RE17 LATED TO ONLINE SEXUAL EXPLOITATION OF 

18 CHILDREN. 

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

20 amended— 

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

22 inserting ‘‘1 year’’; and 

23 (2) by adding at the end the following: 
8 

†S 474 ES

1 ‘‘(5) EXTENSION OF PRESERVATION.—A pro2 vider of a report to the CyberTipline under sub3 section (a)(1) may voluntarily preserve the contents 

4 provided in the report (including any comingled con5 tent described in paragraph (2)) for longer than 1 

6 year after the submission to the CyberTipline for the 

7 purpose of reducing the proliferation of online child 

8 sexual exploitation or preventing the online sexual 

9 exploitation of children. 

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

11 than 1 year after the date of enactment of this para12 graph, a provider of a report to the CyberTipline 

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

14 under this subsection in a manner that is consistent 

15 with the most recent version of the Cybersecurity 

16 Framework developed by the National Institute of 

17 Standards and Technology, or any successor there18 to.’’. 

19 SEC. 4. STRENGTHENING OF DUTY TO REPORT APPARENT 

20 VIOLATIONS TO CYBERTIPLINE RELATED TO 

21 ONLINE EXPLOITATION OF CHILDREN. 

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

23 United States Code, is amended— 
9 

†S 474 ES

1 (1) in subsection (a)(2)(A), by inserting ‘‘, of 

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

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

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

19 Missing & Exploited Children may issue guidelines, as ap20 propriate, to providers required or permitted to take ac21 tions described in section 2258A(a)(1)(B) of title 18, 

22 United States Code, on the relevant identifiers for content 

23 that may indicate sex trafficking of children, as described 
10 

†S 474 ES

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

2 in section 2422(b) of that title. 

Passed the Senate December 14, 2023. 

Attest: 

Secretary. 

118TH CONGRESS 

1ST SESSION S. 474 

AN ACT 

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