[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 474 Engrossed in Senate (ES)]

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118th CONGRESS
  1st Session
                                 S. 474

_______________________________________________________________________

                                 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.

            Passed the Senate December 14, 2023.

            Attest:

                                                             Secretary.
118th CONGRESS

  1st Session

                                 S. 474

_______________________________________________________________________

                                 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.