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 mod-
ernize 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 Pennsyl-
vania, 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 report-
ing to the CyberTipline related to online sexual exploi-
tation of children, to modernize liabilities for such re-
ports, to preserve the contents of such reports for 1 
year, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Revising Existing Pro-
cedures On Reporting via Technology Act’’ or the ‘‘RE-
PORT Act’’. 
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SEC. 2. LIMITED LIABILITY MODERNIZATION. 
(a) AMENDMENTS.—Section 2258B of title 18, 
United States Code, is amended— 
(1) in the section heading, by striking ‘‘pro-
viders or domain name registrars’’ and in-
serting ‘‘the reporting, storage, and han-
dling of certain visual depictions of ap-
parent child pornography to the National 
Center for Missing & Exploited Chil-
dren’’; 
(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 para-
graph (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 De-
linquency Prevention Act of 1974 (34 U.S.C. 
11293(b)(1)(K)). 
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‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS-
CONDUCT.—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 sub-
stantial risk of causing injury without legal 
justification; or 
‘‘(iii) for a purpose unrelated to the 
performance of any responsibility or func-
tion— 
‘‘(I) set forth in paragraph (1); 
or 
‘‘(II) pursuant to section 2258A, 
2258C, 2702, or 2703. 
‘‘(3) MINIMIZING
ACCESS
BY
VENDOR.—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 
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and designated by NCMEC to support such duties 
of NCMEC, a vendor shall— 
‘‘(A) minimize the number of employees 
that may be able to obtain access to such visual 
depiction; and 
‘‘(B) employ end-to-end encryption for 
data storage and transfer functions, or an 
equivalent technological standard. 
‘‘(e) LIMITED LIABILITY FOR REPORTING APPARENT 
CHILD PORNOGRAPHY BY AN INDIVIDUAL DEPICTED IN 
THE CHILD PORNOGRAPHY
AS
A MINOR, OR
A REP-
RESENTATIVE OF SUCH INDIVIDUAL.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (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 indi-
vidual, or the representative of such individual, of 
information that relates to the child pornography in 
which the individual is depicted as a minor, includ-
ing a copy of the child pornography. 
‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS-
CONDUCT.—Paragraph (1) shall not apply to a claim 
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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 sub-
stantial 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 dele-
tion of the child pornography, as set forth in section 
2258D. 
‘‘(4) DEFINITION.—For purposes of this sub-
section, the term ‘representative’, with respect to an 
individual depicted in child pornography— 
‘‘(A) means— 
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‘‘(i) the parent or legal guardian of 
the individual, if the individual is under 18 
years of age; 
‘‘(ii) the legal guardian or other per-
son 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 re-
porter under section 226(a)(1) of the Vic-
tims of Child Abuse Act of 1990 (34 
U.S.C. 20341(a)(1)); and 
‘‘(B) does not include a person who en-
gaged in any activity which constitutes a viola-
tion of section 2251.’’. 
(b) APPLICABILITY.—The amendments made by sub-
section (a) shall apply with respect to a civil claim or 
criminal charge that is filed on or after the date of enact-
ment 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: 
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‘‘2258B. Limited liability for the reporting, storage, and handling of certain vis-
ual depictions of apparent child pornography to the National 
Center for Missing & Exploited Children.’’. 
SEC. 3. PRESERVATION OF REPORTS TO CYBERTIPLINE RE-
LATED 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 pro-
vider of a report to the CyberTipline under sub-
section (a)(1) may voluntarily preserve the contents 
provided in the report (including any comingled con-
tent 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 para-
graph, 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 
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Standards and Technology, or any successor there-
to.’’. 
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 
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Missing & Exploited Children may issue guidelines, as ap-
propriate, to providers required or permitted to take ac-
tions 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. 
Æ 
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