[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 474 Enrolled Bill (ENR)]
S.474
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty four
An Act
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.
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 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.