REPORT Act

Bill: 118-s-474
Sponsor: Sen. Blackburn, Marsha [R-TN]
Introduced: 2023-02-16 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Civil actions and liability
Crimes against children
Criminal justice information and records
Domestic violence and child abuse
Internet, web applications, social media
Pornography

Summary:
action_date: 2023-02-16
text: 

Revising Existing Procedures On Reporting via Technology Act or the REPORT Act

 
This bill makes changes to the federal framework governing the reporting of crimes involving the online sexual exploitation of children.
 
Specifically, the bill makes changes to the requirements for electronic communication service providers and remote computing service providers (providers) to submit reports to the National Center for Missing and Exploited Children (NCMEC) when they become aware of violations involving the online sexual exploitation of children. 
 
Among the changes, the bill
 
 
increases the amount of time&#8212;from 90 days to 1 year&#8212;that a provider must preserve the contents of a report, 
 
requires (currently, authorizes) providers to report on a violation that may be planned or imminent, and 
 
extends the requirement for providers to report apparent violations involving the sexual exploitation of children to instances involving child sex trafficking or coercion or enticement of a minor to engage in prostitution or any other illegal sexual activity. 
 
 
Additionally, the bill increases the maximum fines for providers who knowingly and willfully fail to submit reports. 
 
Finally, the bill limits the liability of vendors that contract with NCMEC for claims arising from storing and transferring visual depictions of child sexual abuse material (i.e., child pornography). It also limits the liability of minors, or persons acting on behalf of minors, for reporting to NCMEC's CyberTipline apparent violations involving child sexual abuse material in which the child is depicted, including a copy of the visual depiction of the minor. 

action_date: 2023-06-06
text: 

Revising Existing Procedures On Reporting via Technology Act or the REPORT Act

 
This bill makes changes to the federal framework governing the reporting of crimes involving the online sexual exploitation of children.
 
Specifically, the bill makes changes to the requirements for electronic communication service providers and remote computing service providers (providers) to submit reports to the National Center for Missing and Exploited Children (NCMEC) when they become aware of violations involving the online sexual exploitation of children. 
 
Among the changes, the bill
 
 
increases the amount of time&#8212;from 90 days to 1 year&#8212;that a provider must preserve the contents of a report, 
 
requires (currently, authorizes) providers to report on a violation that may be planned or imminent, and 
 
extends the requirement for providers to report apparent violations involving the sexual exploitation of children to instances involving child sex trafficking or coercion or enticement of a minor to engage in prostitution or any other illegal sexual activity. 
 
 
Additionally, the bill increases the maximum fines for providers who knowingly and willfully fail to submit reports. 
 
Finally, the bill limits the liability of vendors that contract with NCMEC for claims arising from storing and transferring visual depictions of child sexual abuse material (i.e., child pornography). It also limits the liability of minors, or persons acting on behalf of minors, for reporting to NCMEC's CyberTipline apparent violations involving child sexual abuse material in which the child is depicted, including a copy of the visual depiction of the minor. 

action_date: 2023-12-14
text:  

Revising Existing Procedures On Reporting via Technology Act or the REPORT Act

 
This bill makes changes to the federal framework governing the reporting of crimes involving the online sexual exploitation of children.
 
Specifically, the bill makes changes to the requirements for electronic communication service providers and remote computing service providers (providers) to submit reports to the National Center for Missing and Exploited Children (NCMEC) when they become aware of violations involving the online sexual exploitation of children. 
 
Among the changes, the bill
 
 
increases the amount of time—from 90 days to 1 year—that a provider must preserve the contents of a report, 
 
requires (currently, authorizes) providers to report on a violation that may be planned or imminent, and 
 
extends the requirement for providers to report apparent violations involving the sexual exploitation of children to instances involving child sex trafficking or coercion or enticement of a minor to engage in prostitution or any other illegal sexual activity. 
 
 
Additionally, the bill increases the maximum fines for providers who knowingly and willfully fail to submit reports. 
 
Finally, the bill limits the liability of vendors that contract with NCMEC for claims arising from storing and transferring visual depictions of child sexual abuse material (i.e., child pornography). It also limits the liability of minors, or persons acting on behalf of minors, for reporting to NCMEC's CyberTipline apparent violations involving child sexual abuse material in which the child is depicted, including a copy of the visual depiction of the minor. 

 
action_date: 2024-05-07
text: 

Revising Existing Procedures On Reporting via Technology Act or the REPORT Act

This act makes changes to the federal framework governing the reporting of crimes involving the online sexual exploitation of children.

Specifically, the act makes changes to the requirements for electronic communication service providers and remote computing service providers (providers) to submit reports to the National Center for Missing and Exploited Children (NCMEC) when they become aware of violations involving the online sexual exploitation of children.

Among the changes, the act (1) increases the amount of time—from 90 days to 1 year—that a provider must preserve the contents of a report, and (2) extends the requirement for providers to report apparent violations involving the sexual exploitation of children to instances involving child sex trafficking or coercion or enticement of a minor to engage in prostitution or any other illegal sexual activity.

Additionally, the act increases the maximum fines for providers who knowingly and willfully fail to submit reports.

The act also (1) limits the liability of vendors that contract with NCMEC for civil claims or criminal charges arising from storing and transferring visual depictions of child sexual abuse material (i.e., child pornography), and (2) requires the vendors to comply with certain cybersecurity requirements.

Finally, the act limits the liability of minors, or persons acting on behalf of minors, for civil claims or criminal charges arising from reporting to NCMEC's CyberTipline apparent violations involving child sexual abuse material in which the child is depicted, including a copy of the visual depiction of the minor. 


Legislative actions:
action_date: 2024-05-07
text: Became Public Law No: 118-59.
action_date: 2024-05-07
text: Became Public Law No: 118-59.
action_date: 2024-05-07
text: Signed by President.
action_date: 2024-05-07
text: Signed by President.
action_date: 2024-05-01
text: Presented to President.
action_date: 2024-05-01
text: Presented to President.
action_date: 2024-04-29
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2024-04-29
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H2683-2684)
action_date: 2024-04-29
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H2683-2684)
action_date: 2024-04-29
text: DEBATE - The House proceeded with forty minutes of debate on S. 474.
action_date: 2024-04-29
text: Considered under suspension of the rules. (consideration: CR H2683-2685)
action_date: 2024-04-29
text: Ms. Lee (FL) moved to suspend the rules and pass the bill.
action_date: 2023-12-19
text: Held at the desk.
action_date: 2023-12-19
text: Received in the House.
action_date: 2023-12-18
text: Message on Senate action sent to the House.
action_date: 2023-12-14
text: Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S6007-6008)
action_date: 2023-12-14
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text of amendment in the nature of a substitute: CR S6007-6008)
action_date: 2023-12-14
text: The committee substitute withdrawn by Unanimous Consent. (CR S6007)
action_date: 2023-12-14
text: Measure laid before Senate by unanimous consent. (consideration: CR S6006-6008)
action_date: 2023-06-06
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 85.
action_date: 2023-06-06
text: Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.
action_date: 2023-06-06
text: Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.
action_date: 2023-06-01
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2023-02-16
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2023-02-16
text: Introduced in Senate

Enacted as: number: 118-59