#aahth ,,congress #ast ,session ,s4 #dgd ,,an ,,act ,to amend title #ah1 ,united ,states ,code1 to strengthen reporting to the ,cyber,tipline related to online sexual exploitation of children1 to modernize liabilities for such reports1 to preserve the contents of such reports for #a year1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,revising ,existing ,procedures ,on ,reporting via ,technology ,act or the ,,report ,act4 #b4 ,limited liability modernization 7a7 ,amendments ,section #bbeh;,b of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking providers or domain name registrars and inserting the reporting1 storage1 and handling of certain visual depictions of apparent child pornography to the ,national ,center for ,missing ,exploited ,children2 7#b7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by inserting or charge after a claim2 and 7,b7 in paragraph 7#b77;,c71 by striking this section12 and 7#c7 by adding at the end the following3 7d7 ,limited liability for ,,ncmec-,contracted vendors 7#a7 ,in general ,except as provided in paragraph 7#b71 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 #djd7;b77#a77,k7 of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#cd ,u4,s4,c4 #aabic7;b77#a77,k774 7#b7 ,intentional1 reckless1 or other misconduct ,paragraph 7#a7 shall not apply to a claim or charge if the vendor-- 7,a7 engaged in-- 7i7 intentional misconduct2 or 7ii7 negligent conduct2 or 7,b7 acted1 or failed to act-- 7i7 with actual malice2 7ii7 with reckless disregard to a substantial risk of causing injury without legal justification2 or 7iii7 for a purpose unrelated to the performance of any responsibility or function-- 7,i7 set forth in paragraph 7#a72 or 7,,ii7 pursuant to sections #bbeh;,a1 #bbeh;,c1 #bgjb1 or #bgjc4 7#c7 ,vendor cybersecurity requirements ,with respect to any visual depiction provided pursuant to the duties of ,,ncmec under section #djd7;b77#a77,k7 of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#cd ,u4,s4,c4 #aabic7;b77#a77,k77 that is stored or transferred by a vendor contractually retained and designated by ,,ncmec to support such duties of ,,ncmec1 a vendor shall-- 7,a7 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 ,technology1 or any successor thereto2 7,b7 minimize the number of employees that may be able to obtain access to such visual depiction2 7,c7 employ end-to-end encryption for data storage and transfer functions1 or an equivalent technological standard2 7,d7 undergo an independent annual cybersecurity audit to determine whether such visual depiction is secured as required under subparagraph 7,a72 and 7,e7 promptly address all issues identified by an audit described in subparagraph 7,d74 7e7 ,limited liability for reporting apparent child pornography by an individual depicted in the child pornography as a minor1 or a representative of such individual 7#a7 ,in general ,except as provided in paragraph 7#b71 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 minor1 or a representative of such individual1 arising from a report to the ,,ncmec ,cyber,tipline by the individual1 or the representative of such individual1 of information that relates to the child pornography in which the individual is depicted as a minor1 including a copy of the child pornography4 7#b7 ,intentional1 reckless1 or other misconduct ,paragraph 7#a7 shall not apply to a claim or charge if the individual1 or the representative of such individual-- 7,a7 engaged in-- 7i7 intentional misconduct2 7ii7 negligent conduct2 or 7iii7 any activity which constitutes a violation of section #bbea2 or 7,b7 acted1 or failed to act-- 7i7 with actual malice2 or 7ii7 with reckless disregard to a substantial risk of causing injury without legal justification4 7#c7 ,minimizing access ,with respect to any child pornography reported to the ,,ncmec ,cyber,tipline by an individual depicted in the child pornography as a minor1 or a representative of such individual1 ,,ncmec shall minimize access to the child pornography and ensure the appropriate deletion of the child pornography1 as set forth in section #bbeh;,d4 7#d7 ,definition ,for purposes of this subsection1 the term representative1 with respect to an individual depicted in child pornography-- 7,a7 means-- 7i7 the parent or legal guardian of the individual1 if the individual is under #ah years of age2 7ii7 the legal guardian or other person appointed by a court to represent the individual2 7iii7 a legal representative retained by the individual2 7iv7 a representative of the estate of the individual2 or 7v7 a person who is a mandated reporter under section #bbf7;a77#a7 of the ,victims of ,child ,abuse ,act of #aiij 7#cd ,u4,s4,c4 #bjcda7;a77#a772 and 7,b7 does not include a person who engaged in any activity which constitutes a violation of section #bbea4 4 7b7 ,applicability ,the amendments made by subsection 7a7 shall apply with respect to a civil claim or criminal charge that is filed on or after the date of enactment of this ,act4 7c7 ,table of sections amendment ,the table of sections for chapter #aaj of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #bbeh;,b and inserting the following3 #bbeh;,b4 ,limited liability for the reporting1 storage1 and handling of certain visual depictions of apparent child pornography to the ,national ,center for ,missing ,exploited ,children4 4 #c4 ,preservation of reports to ,cyber,tipline related to online sexual exploitation of children ,section #bbeh;,a7h7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking #ij days and inserting #a year2 and 7#b7 by adding at the end the following3 7#e7 ,extension of preservation ,a provider of a report to the ,cyber,tipline under subsection 7a77#a7 may voluntarily preserve the contents provided in the report 7including any comingled content described in paragraph 7#b77 for longer than #a year after the submission to the ,cyber,tipline for the purpose of reducing the proliferation of online child sexual exploitation or preventing the online sexual exploitation of children4 7#f7 ,method of preservation ,not later than #a year after the date of enactment of this paragraph1 a provider of a report to the ,cyber,tipline under subsection 7a77#a7 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 ,technology1 or any successor thereto4 4 #d4 ,strengthening of duty to report apparent violations to ,cyber,tipline related to online exploitation of children 7a7 ,amendments ,section #bbeh;,a of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b77;,a71 by inserting 1 of section #aeia 7if the violation involves a minor71 or of #bdbb7;b7 after child pornography2 and 7#b7 in subsection 7e7-- 7,a7 in paragraph 7#a71 by striking #aej1jjj and inserting #hej1jjj in the case of a provider with not less than #ajj1jjj1jjj monthly active users or #fjj1jjj in the case of a provider with less than #ajj1jjj1jjj monthly active users2 and 7,b7 in paragraph 7#b71 by striking #cjj1jjj and inserting #a1jjj1jjj in the case of a provider with not less than #ajj1jjj1jjj monthly active users or #hej1jjj in the case of a provider with less than #ajj1jjj1jjj monthly active users4 7b7 ,guidelines ,not later than #ahj days after the date of enactment of this ,act1 the ,national ,center for ,missing ,exploited ,children may issue guidelines1 as appropriate1 to providers required or permitted to take actions described in section #bbeh;,a7a77#a77;,b7 of title #ah1 ,united ,states ,code1 on the relevant identifiers for content that may indicate sex trafficking of children1 as described in section #aeia of that title1 or enticement1 as described in section #bdbb7;b7 of that title4 ,passed the ,senate ,december #ad1 #bjbc4,secretary