REPORT Act

PUBLIC LAW 118–59—MAY 7, 2024 REVISING EXISTING PROCEDURES ON REPORTING VIA TECHNOLOGY ACT VerDate Sep 11 2014 12:14 May 08, 2024 Jkt 049139 PO 00059 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\PUBL059.118 PUBL059 jmbennett on LAPBW6H6L3PROD with PUBLAW 138 STAT. 1014 PUBLIC LAW 118–59—MAY 7, 2024 Public Law 118–59 118th Congress 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 Delin- quency 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 18 USC 1 note. Revising Existing Procedures On Reporting via Technology Act. May 7, 2024 [S. 474] VerDate Sep 11 2014 12:14 May 08, 2024 Jkt 049139 PO 00059 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL059.118 PUBL059 jmbennett on LAPBW6H6L3PROD with PUBLAW 138 STAT. 1015 PUBLIC LAW 118–59—MAY 7, 2024 ‘‘(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 Cybersecu- rity 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 PORNOG- RAPHY 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 indi- vidual, 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 pornog- raphy. ‘‘(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 pornog- raphy reported to the NCMEC CyberTipline by an individual depicted in the child pornography as a minor, or a representa- tive 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— VerDate Sep 11 2014 12:14 May 08, 2024 Jkt 049139 PO 00059 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL059.118 PUBL059 jmbennett on LAPBW6H6L3PROD with PUBLAW 138 STAT. 1016 PUBLIC LAW 118–59—MAY 7, 2024 ‘‘(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 indi- vidual; ‘‘(iv) a representative of the estate of the indi- vidual; 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 fol- lowing: ‘‘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 pre- serve 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 Deadline. Time period. 18 USC prec. 2251. 18 USC 2258B note. VerDate Sep 11 2014 12:14 May 08, 2024 Jkt 049139 PO 00059 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL059.118 PUBL059 jmbennett on LAPBW6H6L3PROD with PUBLAW 138 STAT. 1017 PUBLIC LAW 118–59—MAY 7, 2024 LEGISLATIVE HISTORY—S. 474: CONGRESSIONAL RECORD: Vol. 169 (2023): Dec. 14, considered and passed Senate. Vol. 170 (2024): Apr. 29, considered and passed House. Æ 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. Approved May 7, 2024. Deadline. 18 USC 2258A note. VerDate Sep 11 2014 12:14 May 08, 2024 Jkt 049139 PO 00059 Frm 00005 Fmt 6580 Sfmt 6580 E:\PUBLAW\PUBL059.118 PUBL059 jmbennett on LAPBW6H6L3PROD with PUBLAW