,,ii #aahth ,,congress #ast ,session ,s4 #dgd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #af1 #bjbc ,mrs4 ,blackburn 7for herself and ,mr4 ,ossoff7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,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 and ,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 clearinghouse role of ,,ncmec1 as set forth in section #djd7;b7 of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#cd ,u4,s4,c4 #aabic7;b774 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 7ii7 negligent conduct2 or 7iii7 conduct not authorized under the contract of the vendor with ,,ncmec to support the clearinghouse role of ,,ncmec1 as set forth in section #djd7;b7 of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#cd ,u4,s4,c4 #aabic7;b772 or 7,b7 acted1 or failed to act-- 7i7 with actual malice2 7ii7 with reckless disregard to a substantial risk of causing physical 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 under sections #bbeh;,a1 #bbeh;,c1 #bgjb1 or #bgjc4 7#c7 ,minimizing access by vendor ,with respect to any visual depiction of child pornography stored or transferred by a vendor contractually retained and designated by ,,ncmec to support the clearing house role of ,,ncmec1 as set forth in section #djd7;b7 of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#cd ,u4,s4,c4 #aabic7;b771 a vendor shall minimize the number of employees that may be able to obtain access to such visual depiction4 7e7 ,limited liability for minors1 and persons acting on behalf of a minor1 reporting visual depictions of apparent child pornography in which the minor is depicted 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 minor1 or a person acting on behalf of a minor1 arising from a report to the ,cyber,tipline of ,,ncmec by the minor or the person acting on behalf of a minor of information that relates to a visual depiction of apparent child pornography in which the minor is depicted1 including a copy of the visual depiction of the minor4 7#b7 ,intentional1 reckless1 or other misconduct ,paragraph 7#a7 shall not apply to a claim or charge if the minor1 or person acting on behalf of the minor-- 7,a7 engaged in-- 7i7 intentional misconduct in submitting the report to the ,cyber,tipline of ,,ncmec of information that relates to a visual depiction of apparent child pornography in which the minor is depicted1 including a copy of the visual depiction of the minor2 or 7ii7 negligent conduct2 or 7,b7 acted1 or failed to act-- 7i7 with actual malice2 or 7ii7 with reckless disregard to a substantial risk of causing physical injury without legal justification4 7#c7 ,minimizing access ,with respect to any visual depiction of child pornography reported to the ,cyber,tipline of ,,ncmec by a minor1 or a person acting on behalf of a minor1 in which the minor is depicted1 ,,ncmec shall minimize access to the visual depiction and ensure the appropriate deletion of the visual depiction1 as set forth in section #bbeh;,d4 4 7b7 ,applicability ,the amendment 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 and ,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 7a7-- 7,a7 in paragraph 7#a77;,a7-- 7i7 in the matter preceding clause 7i71 by inserting shall after provider2 7ii7 in clause 7i71 by striking shall12 and 7iii7 in clause 7ii71 by striking may12 and 7,b7 in paragraph 7#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 ,guidance ,not later than #ahj days after the date of enactment of this ,act1 the ,national ,center for ,missing ,exploited ,children shall issue guidance to providers required to take actions described in section #bbeh;,a7a77#a77;,b7 of title #ah1 ,united ,states ,code1 on the facts or circumstances that constitute an apparent violation of section #aeia of that title and of section #bdbb7;b7 of that title4