S. 474Senate118th Congress (2023-2025)Enacted

REPORT Act

Introduced February 16, 2023

AI-Generated Summary

Updated January 20, 2026 at 3:43 AM UTC

The REPORT Act updates federal law on reporting online child sexual exploitation to the National Center for Missing & Exploited Children’s CyberTipline. It expands liability protections for vendors and for victims who report, lengthens how long reports must be kept, raises civil penalties for providers, and adds cybersecurity standards for handling the material. The changes affect internet service providers, platforms, NCMEC‑contracted vendors, and individuals or their representatives who report child‑pornography material.

Key Provisions

  • Provides limited civil and criminal liability for vendors contracted by NCMEC to handle child‑pornography material, except when they act with intentional misconduct, negligence, actual malice, or reckless disregard.
  • Gives limited liability to a minor depicted in child pornography—or their legal representative—when they report the material, unless they engage in misconduct or violate child‑exploitation statutes.
  • Requires reports to the CyberTipline to be preserved for at least one year (with optional longer retention) and to be stored using NIST’s Cybersecurity Framework, including encryption and annual audits for vendors.
  • Increases civil penalties for providers that fail to report, setting higher fines for large platforms (up to $850,000) and smaller ones (up to $600,000), and raises penalties for repeat violations.
  • Mandates NCMEC to issue guidelines within 180 days on identifying content related to child sex trafficking and enticement, and to minimize access and ensure deletion of reported child‑pornography.

Legislative Activity

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19 earlier actions
Became Law Latest Action

Became Public Law No: 118-59.

May 7, 2024

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SenateIntro Referral

Introduced in Senate

February 16, 2023

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

February 16, 2023

SenateCommittee

Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

June 1, 2023

SenateCommittee

Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.

June 6, 2023

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 85.

June 6, 2023

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S6006-6008)

December 14, 2023

SenateFloor

The committee substitute withdrawn by Unanimous Consent. (CR S6007)

December 14, 2023

SenateFloor

Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S6007-6008)

December 14, 2023

SenateFloor

Message on Senate action sent to the House.

December 18, 2023

HouseFloor

Received in the House.

December 19, 2023 • 2:11 PM

HouseFloor

Held at the desk.

December 19, 2023 • 2:44 PM

HouseFloor

Ms. Lee (FL) moved to suspend the rules and pass the bill.

April 29, 2024 • 6:11 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H2683-2685)

April 29, 2024 • 6:11 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 474.

April 29, 2024 • 6:11 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H2683-2684)

April 29, 2024 • 6:22 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H2683-2684)

April 29, 2024 • 6:22 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

April 29, 2024 • 6:22 PM

President

Presented to President.

May 1, 2024

Became Law

Signed by President.

May 7, 2024

Became Law

Became Public Law No: 118-59.

May 7, 2024

Floor Debate

5 members

What members said about S. 474 on the floor

1 Republican4 Democrats
Madeleine Dean
Rep. Madeleine DeanD-PA-4 · Apr 29, 2024

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of S. 474, the REPORT Act. I am pleased to cosponsor the House version of this legislation with my colleague and…

Laurel M. Lee
Rep. Laurel M. LeeR-FL-15 · Apr 29, 2024

Mr. Speaker, I move to suspend the rules and pass the bill (S. 474) to amend title 18, United States Code, to strengthen reporting to the CyberTipline related to online sexual exploitation of…

Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · May 21, 2024

Mr. President, I submit to the Senate a budget scorekeeping report. The report, which covers fiscal year 2024, was prepared and submitted as a letter by the Congressional Budget Office pursuant to…

Ron Wyden
Sen. Ron WydenD-OR · Dec 14, 2023

Mr. President, I expect that the Senate will soon pass by unanimous consent the Blackburn-Ossoff REPORT Act. This bill will strengthen the Nation's centralized reporting system for the online…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Dec 14, 2023

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 85, S. 474. I ask unanimous consent that the committee-reported amendment be withdrawn;…

Bill Text

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One Hundred Eighteenth Congress of the United States of America

2d Session

Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and twenty four

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.

1.

Short title

This Act may be cited as the Revising Existing Procedures On Reporting via Technology Act or the REPORT Act.

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.

.

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.

.

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