S 474 — REPORT Act

[Congressional[118th BillsCongress 118thPublic Congress]Law 59] [From the U.S.

Government Publishing Office] [S.[[Page 1013]] REVISING EXISTING PROCEDURES ON REPORTING VIA TECHNOLOGY ACT [[Page 138 STAT.

4741014]] EngrossedPublic inLaw Senate118-59 (ES)]118th <DOC>Congress 118thAn CONGRESSAct 1stTo Sessionamend S.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.

474<<NOTE: _______________________________________________________________________ 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.

BeMay it7, enacted2024 by- the[S. Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

474]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE:

Revising Existing Procedures On Reporting via Technology Act.>> SECTION <<NOTE:

18 USC 1 note.>> 1.

``(2) Intentional, reckless, or other misconduct.--misconduct.--Paragraph Paragraph (1) shall not apply to a claim or charge if the vendor-- ``(A) engaged in-- ``(i) intentional misconduct;

or ``(II)[[Page pursuant138 toSTAT. sections 2258A, 2258C, 2702, or 2703.

1015]] ``(II) pursuant to sections 2258A, 2258C, 2702, or 2703.

``(2) Intentional, reckless, or other misconduct.--misconduct.--Paragraph 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;

``(4) Definition.--For purposes of this subsection, the term `representative', with respect to an individual depicted in child pornography-- ``(A) means-- ``(i)[[Page the138 parentSTAT. or legal guardian of the individual, if the individual is under 18 years of age;

1016]] ``(i) the parent or legal guardian of the individual, if the individual is under 18 years of age;

(b) Applicability.--The<<NOTE: 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)18 TableUSC of2258B Sectionsnote.>> Amendment.--TheApplicability.--The tableamendments ofmade sectionsby forsubsection chapter(a) ofshall titleapply 18,with Unitedrespect Statesto Code,a iscivil amendedclaim byor strikingcriminal thecharge itemthat relatingis tofiled sectionon 2258Bor andafter inserting the following:date of enactment of this Act.

(c) Table of Sections Amendment.--The table of sections for chapter of title 18, United States Code, <<NOTE:

18 USC prec.

2251.>> is amended by striking the item relating to section 2258B and inserting the following:

``(5) Extension<<NOTE: 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)Time Methodperiod.>> ofExtension preservation.--Not later than 1 year after the date of enactmentpreservation.--A of this paragraph, a provider of a report to the CyberTipline under subsection (a)(1) shallmay voluntarily preserve materialsthe undercontents thisprovided subsection in athe mannerreport that(including isany consistentcomingled withcontent thedescribed mostin recentparagraph version(2)) offor longer than 1 year after the Cybersecuritysubmission Frameworkto developedthe byCyberTipline for the Nationalpurpose Instituteof reducing the proliferation of Standardsonline andchild Technology,sexual exploitation or anypreventing successorthe thereto.''.online sexual exploitation of children.

``(6) Method of preservation.

<<NOTE:

Deadline.>> --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.''.

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[[Page the138 caseSTAT. of a provider with less than 100,000,000 monthly active users'';

1017]] in the case of a provider with less than 100,000,000 monthly active users'';

(b) Guidelines.--Not<<NOTE: 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.

PassedDeadline. the Senate December 14, 2023.

Attest:18 USC 2258A note.>> 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.

Secretary.Approved May 7, 2024.

118thLEGISLATIVE CONGRESSHISTORY--S. 1st Session S.

474474: _______________________________________________________________________ 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.

--------------------------------------------------------------------------- CONGRESSIONAL RECORD:

Vol.

169 (2023):

Dec.

14, considered and passed Senate.

Vol.

170 (2024):

Apr.