I 

118TH CONGRESS 

1ST SESSION H. R. 5082 

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 HOUSE OF REPRESENTATIVES 

JULY 28, 2023 

Ms. LEE of Florida (for herself, Mrs. MILLER-MEEKS, Ms. DEAN of Pennsylvania, and Ms. LEE of Nevada) introduced the following bill; which was 

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 & 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 duties of NCMEC under 

24 section 404(b)(1)(K) of the Juvenile Justice and De25 linquency Prevention Act of 1974 (34 U.S.C. 

26 11293(b)(1)(K)). 


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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; or 

6 ‘‘(ii) negligent conduct; or 

7 ‘‘(B) acted, or failed to act— 

8 ‘‘(i) with actual malice; 

9 ‘‘(ii) with reckless disregard to a sub10 stantial risk of causing injury without legal 

11 justification; or 

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

13 performance of any responsibility or func14 tion— 

15 ‘‘(I) set forth in paragraph (1); 

16 or 

17 ‘‘(II) pursuant to section 2258A, 

18 2258C, 2702, or 2703. 

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

20 respect to any visual depiction provided pursuant to 

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

22 the Juvenile Justice and Delinquency Prevention Act 

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

24 or transferred by a vendor contractually retained 


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1 and designated by NCMEC to support such duties 

2 of NCMEC, a vendor shall— 

3 ‘‘(A) minimize the number of employees 

4 that may be able to obtain access to such visual 

5 depiction; and 

6 ‘‘(B) employ end-to-end encryption for 

7 data storage and transfer functions, or an 

8 equivalent technological standard. 

9 ‘‘(e) LIMITED LIABILITY FOR REPORTING APPARENT

10 CHILD PORNOGRAPHY BY AN INDIVIDUAL DEPICTED IN

11 THE CHILD PORNOGRAPHY AS A MINOR, OR A REP12 RESENTATIVE OF SUCH INDIVIDUAL.— 

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), a civil claim or criminal charge may not 

15 be brought in any Federal or State court against an 

16 individual depicted in child pornography as a minor, 

17 or a representative of such individual, arising from 

18 a report to the NCMEC CyberTipline by the indi19 vidual, or the representative of such individual, of 

20 information that relates to the child pornography in 

21 which the individual is depicted as a minor, includ22 ing a copy of the child pornography. 

23 ‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS24 CONDUCT.—Paragraph (1) shall not apply to a claim 


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1 or charge if the individual, or the representative of 

2 such individual— 

3 ‘‘(A) engaged in— 

4 ‘‘(i) intentional misconduct; 

5 ‘‘(ii) negligent conduct; or 

6 ‘‘(iii) any activity which constitutes a 

7 violation of section 2251; or 

8 ‘‘(B) acted, or failed to act— 

9 ‘‘(i) with actual malice; or 

10 ‘‘(ii) with reckless disregard to a sub11 stantial risk of causing injury without legal 

12 justification. 

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

14 child pornography reported to the NCMEC 

15 CyberTipline by an individual depicted in the child 

16 pornography as a minor, or a representative of such 

17 individual, NCMEC shall minimize access to the 

18 child pornography and ensure the appropriate dele19 tion of the child pornography, as set forth in section 

20 2258D. 

21 ‘‘(4) DEFINITION.—For purposes of this sub22 section, the term ‘representative’, with respect to an 

23 individual depicted in child pornography— 

24 ‘‘(A) means— 


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

2 the individual, if the individual is under 18 

3 years of age; 

4 ‘‘(ii) the legal guardian or other per5 son appointed by a court to represent the 

6 individual; 

7 ‘‘(iii) a legal representative retained 

8 by the individual; 

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

10 the individual; or 

11 ‘‘(v) a person who is a mandated re12 porter under section 226(a)(1) of the Vic13 tims of Child Abuse Act of 1990 (34 

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

15 ‘‘(B) does not include a person who en16 gaged in any activity which constitutes a viola17 tion of section 2251.’’. 

18 (b) APPLICABILITY.—The amendments made by sub19 section (a) shall apply with respect to a civil claim or 

20 criminal charge that is filed on or after the date of enact21 ment of this Act. 

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

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

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

25 and inserting the following: 


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‘‘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.’’. 

1 SEC. 3. PRESERVATION OF REPORTS TO CYBERTIPLINE RE2 LATED TO ONLINE SEXUAL EXPLOITATION OF 

3 CHILDREN. 

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

5 amended— 

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

7 inserting ‘‘1 year’’; and 

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

9 ‘‘(5) EXTENSION OF PRESERVATION.—A pro10 vider of a report to the CyberTipline under sub11 section (a)(1) may voluntarily preserve the contents 

12 provided in the report (including any comingled con13 tent described in paragraph (2)) for longer than 1 

14 year after the submission to the CyberTipline for the 

15 purpose of reducing the proliferation of online child 

16 sexual exploitation or preventing the online sexual 

17 exploitation of children. 

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

19 than 1 year after the date of enactment of this para20 graph, a provider of a report to the CyberTipline 

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

22 under this subsection in a manner that is consistent 

23 with the most recent version of the Cybersecurity 

24 Framework developed by the National Institute of 


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1 Standards and Technology, or any successor there2 to.’’. 

3 SEC. 4. STRENGTHENING OF DUTY TO REPORT APPARENT 

4 VIOLATIONS TO CYBERTIPLINE RELATED TO 

5 ONLINE EXPLOITATION OF CHILDREN. 

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

7 United States Code, is amended— 

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

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

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

11 (2) in subsection (e)— 

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

13 ‘‘$150,000’’ and inserting ‘‘$850,000 in the 

14 case of a provider with not less than 

15 100,000,000 monthly active users or $600,000 

16 in the case of a provider with less than 

17 100,000,000 monthly active users’’; and 

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

19 ‘‘$300,000’’ and inserting ‘‘$1,000,000 in the 

20 case of a provider with not less than 

21 100,000,000 monthly active users or $850,000 

22 in the case of a provider with less than 

23 100,000,000 monthly active users’’. 

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

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


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1 Missing & Exploited Children may issue guidelines, as ap2 propriate, to providers required or permitted to take ac3 tions described in section 2258A(a)(1)(B) of title 18, 

4 United States Code, on the relevant identifiers for content 

5 that may indicate sex trafficking of children, as described 

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

7 in section 2422(b) of that title. 

Æ 


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