[Pages H2683-H2685]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

REVISING EXISTING PROCEDURES ON REPORTING VIA TECHNOLOGY ACT

Ms. LEE of Florida. Mr. Speaker, I move to suspend the rules and pass
the bill (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.
The Clerk read the title of the bill.
The text of the bill is as follows:

S. 474

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Revising Existing Procedures
On Reporting via Technology Act'' or the ``REPORT Act''.

SEC. 2. LIMITED LIABILITY MODERNIZATION.

(a) Amendments.--Section 2258B of title 18, United States
Code, is amended--
(1) in the section heading, by striking ``providers or
domain name registrars'' and inserting ``the reporting,
storage, and handling of certain visual depictions of
apparent child pornography to the National Center for Missing
& Exploited Children'';
(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 paragraph (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
Delinquency Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)).
``(2) Intentional, reckless, or other misconduct.--
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 substantial risk of
causing injury without legal justification; or
``(iii) for a purpose unrelated to the performance of any
responsibility or function--

``(I) set forth in paragraph (1); or
``(II) pursuant to sections 2258A, 2258C, 2702, or 2703.

``(3) Vendor cybersecurity requirements.--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 and designated by NCMEC to support such duties of
NCMEC, a vendor shall--
``(A) secure such visual depiction in a manner that is
consistent with the most recent version of the Cybersecurity
Framework developed by the National Institute of Standards
and Technology, or any successor thereto;
``(B) minimize the number of employees that may be able to
obtain access to such visual depiction;
``(C) employ end-to-end encryption for data storage and
transfer functions, or an equivalent technological standard;
``(D) undergo an independent annual cybersecurity audit to
determine whether such visual depiction is secured as
required under subparagraph (A); and
``(E) promptly address all issues identified by an audit
described in subparagraph (D).
``(e) Limited Liability for Reporting Apparent Child
Pornography by an Individual Depicted in the Child
Pornography as a Minor, or a Representative of Such
Individual.--
``(1) In general.--Except as provided in paragraph (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 individual, or the representative of such individual,
of information that relates to the child pornography in which
the individual is depicted as a minor, including a copy of
the child pornography.
``(2) Intentional, reckless, or other misconduct.--
Paragraph (1) shall not apply to a claim 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 substantial 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
deletion of the child pornography, as set forth in section
2258D.
``(4) Definition.--For purposes of this subsection, the
term `representative', with respect to an individual depicted
in child pornography--
``(A) means--
``(i) the parent or legal guardian of the individual, if
the individual is under 18 years of age;
``(ii) the legal guardian or other person 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 reporter under section
226(a)(1) of the Victims of Child Abuse Act of 1990 (34
U.S.C. 20341(a)(1)); and
``(B) does not include a person who engaged in any activity
which constitutes a violation of section 2251.''.
(b) Applicability.--The amendments made by subsection (a)
shall apply with respect to a civil claim or criminal charge
that is filed on or after the date of enactment 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:

``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.''.

SEC. 3. PRESERVATION OF REPORTS TO CYBERTIPLINE RELATED 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 provider of a report to
the CyberTipline under

[[Page H2684]]

subsection (a)(1) may voluntarily preserve the contents
provided in the report (including any comingled content
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 paragraph, 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 Standards
and Technology, or any successor thereto.''.

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 Missing &
Exploited Children may issue guidelines, as appropriate, to
providers required or permitted to take actions 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.

The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Florida (Ms. Lee) and the gentlewoman from Pennsylvania (Ms. Dean) each
will control 20 minutes.
The Chair recognizes the gentlewoman from Florida.

General Leave

Ms. LEE of Florida. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous material on S. 474, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida.
There was no objection.
Ms. LEE of Florida. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the bill we are here to discuss today is the Revising
Existing Procedures on Reporting via Technology Act, or REPORT Act.
This is a strong bipartisan bill that provides additional tools to
investigate and catch criminal purveyors of child sex abuse material,
or CSAM.
The exploitation of children through CSAM remains a serious problem
both within the United States and abroad. We have heard extensive
testimony about these issues in our two victims' focused hearings in
the Subcommittee on Crime and Federal Government Surveillance of the
Judiciary Committee, one in September and one earlier this month.
Reports of CSAM continue to grow exponentially, with 3,000 reports in
1998 growing to more than 1 million in 2014 and 36.2 million in 2023.
We have gaps in Federal law that prevent the National Center For
Missing and Exploited Children, or NCMEC, from preserving reports of
CSAM, which hinders law enforcement from holding these predators
accountable.
With the growing proliferation of CSAM on the internet, NCMEC,
Homeland Security investigations, and other entities that protect
children need additional support and investigative tools to bring these
predators to justice.
The REPORT Act will extend the duration for which evidence submitted
to the CyberTipline is preserved from 90 days to 1 year.
This will allow law enforcement agencies the much-needed time to
conduct comprehensive investigations and strengthen the legal framework
against online predators.
This bill will strengthen existing law that requires providers to
report to law enforcement as soon as reasonably possible after
obtaining information about CSAM.
Currently, many providers maintain an adequate reporting system.
However, the REPORT Act will increase fines for companies that fail to
meet these standards and will further penalize companies that
repeatedly fail to report exploitative contact.
I thank all of the advocates who helped us get where we are today
with this bill, including the American Conservative Union, the National
Center for Missing and Exploited Children, the National Center on
Sexual Exploitation, International Justice Mission, Rights4Girls, PACT-
USA, Raven, the Tim Tebow Foundation, and so many more.
I cannot thank them enough for all that each of them does to protect
and advocate on behalf of child victims in both the United States and
abroad.

{time} 1815

I also thank my colleagues across the aisle for their support of this
bill, including Representative Madeleine Dean, Representative Lucy
McBath, and Representative Glenn Ivey.
Lastly, I thank law enforcement for their tireless efforts to protect
children, including Homeland Security Investigations and the Internet
Crimes Against Children task forces across the country.
This legislation will make a significant impact on our ability to
investigate and prosecute child predators. I am thrilled this bill
passed out of the Judiciary Committee 23-0, and I am thrilled to see it
brought before this Chamber for a vote today.
Simply put, the legislation is crucial. It is supported by law
enforcement, advocacy groups, and tech companies alike. It is
bipartisan, it is common sense, and it will save lives.
I urge all my colleagues to pass the REPORT Act and take this
important step to protect children.
Mr. Speaker, I reserve the balance of my time.
Ms. DEAN of Pennsylvania. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise in support of S. 474, the REPORT Act. I am
pleased to cosponsor the House version of this legislation with my
colleague and friend from Florida. I thank Representative Lee for her
leadership on this bill. The REPORT Act would strengthen the ongoing
collaboration between law enforcement and technology providers to
combat sexual exploitation of children.
The exploitation of children through the proliferation of child sex
abuse material, frequently referred to as CSAM, can be stopped only
with cooperation across many different sectors of American society,
from law enforcement to victims' groups to local leaders and technology
providers.
The REPORT Act would enable this cooperation and encourage much
greater reporting to the CyberTipline, operated by the National Center
for Missing and Exploited Children, or NCMEC.
This legislation would also modify how photos and videos of child sex
abuse are stored by providers, would change reporting requirements for
platforms, and would give law enforcement more time to investigate
these cases. By making updates to the law, the REPORT Act will help law
enforcement evolve with the threat, as consumption of child sexual
abuse content permeates new technology spaces.
Advancements in technology, from generative AI to social networking
platforms, clearly benefit society. Technology has brought us cutting-
edge medical and therapeutic breakthroughs, the ability to keep in
touch with loved ones far away, and opportunities for budding
entrepreneurs and artists who leverage technology to reach their
audiences without costly barriers to entry.
However, there is also a dark side. Law enforcement experts and
victims' advocates agree: Advancements in technology have led to an
explosion of images depicting child sexual abuse available and
distributed online.
Demand for new and more egregious photos and videos drives the market
for this material, resulting in the continued grotesque abuse and
exploitation of children.
Through their comprehensive efforts, the Internet Crimes Against
Children, or ICAC, task forces, which represent more than 5,400 local,
State, and Federal law enforcement and prosecutorial agencies, are
making progress in identifying and rescuing victims of child sex abuse
material.
However, the growth of the problem continues to outpace the resources

[[Page H2685]]

available to identify and locate victims, especially since law
enforcement, prosecutors, the tech industry, and other organization
must continually contend with the emergence of new technologies, like
AI, which further complicates their efforts.
Under the process for reporting child sexual abuse material today,
electronic service providers, or companies that offer a platform
through which users can communicate, are required to report instances
of CSAM to the CyberTipline. After a tip is reported, the company works
with NCMEC to share relevant information. NCMEC reviews the incoming
reports and then refers them out to the appropriate law enforcement
agency, typically a regional ICAC task force.
To date, NCMEC reports that the CyberTipline has received more than
92 million reports since it began in 1998, the majority of them from
electronic communication service providers.
NCMEC's Child Victim Identification Program has reviewed more than
331 million images and videos. That is more than 25 million images each
year. That is grotesque. While most children reflected in the images
remain unknown, more than 19,300 victims have been identified.
I commend the successes of NCMEC and other law enforcement agencies
in identifying and rescuing victims, but we cannot be satisfied while
so many CSAM victims remain unidentified. That is why the REPORT Act is
an important first step to increasing the effectiveness of CSAM reports
and better protecting victims from child sexual abuse.
The Senate passed this bill by unanimous consent, with the support of
law enforcement groups, the National Center For Missing and Exploited
Children, or NCMEC, and technology providers. With passage of the bill
today, the next stop will be President Biden's desk.
Mr. Speaker, I thank Representative Lee for her extraordinary
leadership to protect all of our children.
In conclusion, the REPORT Act takes an important step toward
combating the proliferation of child sexual abuse material online and
protecting victims from future abuse. I thank Representative Lee for
her leadership in introducing the House version of this bill. I am
proud to cosponsor it with her. I thank our Senate partners for
sponsoring this legislation. This is about our children.
Mr. Speaker, I urge all Members to support the bill, and I yield back
the balance of my time.
Ms. LEE of Florida. Mr. Speaker, I thank Representative Dean. It was
a privilege to cosponsor this important legislation with her.
I urge my colleagues to support this important bill, and I yield back
the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Florida (Ms. Lee) that the House suspend the rules and
pass the bill, S. 474.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.

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