1163 
(1) IN GENERAL.—For the purposes of this sec-
tion, the notification to an electronic communication 
service provider or a remote computing service pro-
vider by the CyberTipline of receipt of a report 
under subsection (a)(1) shall be treated as a request 
to preserve, as if such request was made pursuant 
to section 3120A(f) of title 18, United States Code. 
(2) PRESERVATION OF REPORT.—Pursuant to 
paragraph (1), an electronic communication service 
provider or a remote computing service shall pre-
serve the contents of the report provided pursuant to 
subsection (b) for 90 days after such notification by 
the CyberTipline. 
(3) PRESERVATION OF COMMINGLED IMAGES.— 
Pursuant to paragraph (1), an electronic commu-
nication service provider or a remote computing 
service shall preserve any images, data, or other dig-
ital files that are commingled or interspersed among 
the images of apparent child pornography within a 
particular communication or user-created folder or 
directory. 
(4) PROTECTION OF PRESERVED MATERIALS.— 
An electronic communications service or remote com-
puting service preserving materials under this sec-
tion shall maintain the materials in a secure location 
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and take appropriate steps to limit access by agents 
or employees of the service to the materials to that 
access necessary to comply with the requirements of 
this subsection. 
(5) AUTHORITIES
AND
DUTIES
NOT
AF-
FECTED.—Nothing in this section shall be construed 
as replacing, amending, or otherwise interfering with 
the authorities and duties under section 3120A of 
title 18, United States Code. 
SEC. 7. REENACTMENT OUTSIDE TITLE 18 OF FORMER SEC-
TION 2258B (RELATING TO LIMITED LIABIL-
ITY 
FOR 
ELECTRONIC 
COMMUNICATION 
SERVICE PROVIDERS, REMOTE COMPUTING 
SERVICE PROVIDERS, OR DOMAIN NAME REG-
ISTRAR). 
(a) IN GENERAL.—Except as provided in subsection 
(b), a civil claim or criminal charge against an electronic 
communication service provider, a remote computing serv-
ice provider, or domain name registrar, including any di-
rector, officer, employee, or agent of such electronic com-
munication service provider, remote computing service 
provider, or domain name registrar arising from the per-
formance of the reporting or preservation responsibilities 
of such electronic communication service provider, remote 
computing service provider, or domain name registrar 
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under this section, section 6, or section 8 may not be 
brought in any Federal or State court. 
(b) INTENTIONAL, RECKLESS, OR
OTHER
MIS-
CONDUCT.—Subsection (a) does not apply to a claim if 
the electronic communication service provider, remote 
computing service provider, or domain name registrar, or 
a director, officer, employee, or agent of that electronic 
communication service provider, remote computing service 
provider, or domain name registrar— 
(1) engaged in intentional misconduct; or 
(2) acted, or failed to act— 
(A) with actual malice; 
(B) with reckless disregard to a substantial 
risk of causing physical injury without legal jus-
tification; or 
(C) for a purpose unrelated to the per-
formance of any responsibility or function 
under this section, section 6 or 8, or section 
3120 or 3120A of title 18, United States Code. 
(c) MINIMIZING ACCESS.—An electronic communica-
tion service provider, a remote computing service provider, 
and domain name registrar shall— 
(1) minimize the number of employees that are 
provided access to any image provided under section 
6 or 8; and 
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(2) ensure that any such image is permanently 
destroyed, upon a request from a law enforcement 
agency to destroy the image. 
SEC. 8. REENACTMENT OUTSIDE TITLE 18 OF FORMER SEC-
TION 2258C (RELATING TO USE TO COMBAT 
CHILD PORNOGRAPHY OF TECHNICAL ELE-
MENTS RELATING TO IMAGES REPORTED TO 
THE CYBERTIPLINE). 
(a) ELEMENTS.— 
(1) IN
GENERAL.—The National Center for 
Missing and Exploited Children may provide ele-
ments relating to any apparent child pornography 
image of an identified child to an electronic commu-
nication service provider or a remote computing 
service provider for the sole and exclusive purpose of 
permitting that electronic communication service 
provider or remote computing service provider to 
stop the further transmission of images. 
(2) INCLUSIONS.—The elements authorized 
under paragraph (1) may include hash values or 
other unique identifiers associated with a specific 
image, Internet location of images, and other tech-
nological elements that can be used to identify and 
stop the transmission of child pornography. 
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(3) 
EXCLUSION.—The 
elements 
authorized 
under paragraph (1) may not include the actual im-
ages. 
(b) USE BY ELECTRONIC COMMUNICATION SERVICE 
PROVIDERS
AND REMOTE COMPUTING SERVICE PRO-
VIDERS.—Any electronic communication service provider 
or remote computing service provider that receives ele-
ments relating to any apparent child pornography image 
of an identified child from the National Center for Missing 
and Exploited Children under this section may use such 
information only for the purposes described in this section, 
but such use does not relieve that electronic communica-
tion service provider or remote computing service provider 
from its reporting obligations under section 6. 
(c) LIMITATIONS.—Nothing in subsection (a) or (b) 
requires electronic communication service providers or re-
mote computing service providers receiving elements relat-
ing to any apparent child pornography image of an identi-
fied child from the National Center for Missing and Ex-
ploited Children to use the elements to stop the further 
transmission of the images. 
(d) PROVISION OF ELEMENTS TO LAW ENFORCE-
MENT.—The National Center for Missing and Exploited 
Children shall make available to Federal, State, and local 
law enforcement involved in the investigation of child por-
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nography crimes elements, including hash values, relating 
to any apparent child pornography image of an identified 
child reported to the National Center for Missing and Ex-
ploited Children. 
(e) USE
BY LAW ENFORCEMENT.—Any Federal, 
State, or local law enforcement agency that receives ele-
ments relating to any apparent child pornography image 
of an identified child from the National Center for Missing 
and Exploited Children under subsection (d) may use such 
elements only in the performance of the official duties of 
that agency to investigate child pornography crimes. 
SEC. 9. REENACTMENT OUTSIDE TITLE 18 OF FORMER SEC-
TION 2258D (RELATING TO LIMITED LIABIL-
ITY FOR THE NATIONAL CENTER FOR MISS-
ING AND EXPLOITED CHILDREN). 
(a) IN GENERAL.—Except as provided in subsections 
(b) and (c), a civil claim or criminal charge against the 
National Center for Missing and Exploited Children, in-
cluding any director, officer, employee, or agent of such 
center, arising from the performance of the CyberTipline 
responsibilities or functions of such center, as described 
in this section, section 6 or 8, or section 404 of the Miss-
ing Children’s Assistance Act, or from the effort of such 
center to identify child victims may not be brought in any 
Federal or State court. 
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(b) INTENTIONAL, RECKLESS, OR
OTHER
MIS-
CONDUCT.—Subsection (a) does not apply to a claim or 
charge if the National Center for Missing and Exploited 
Children, or a director, officer, employee, or agent of such 
center— 
(1) engaged in intentional misconduct; or 
(2) acted, or failed to act— 
(A) with actual malice; 
(B) with reckless disregard to a substantial 
risk of causing injury without legal justification; 
or 
(C) for a purpose unrelated to the per-
formance of any responsibility or function 
under this section, section 6 or 8, or section 
404 of the Missing Children’s Assistance Act. 
(c) ORDINARY BUSINESS ACTIVITIES.—Subsection 
(a) does not apply to an act or omission relating to an 
ordinary business activity, including general administra-
tion or operations, the use of motor vehicles, or personnel 
management. 
(d) MINIMIZING ACCESS.—The National Center for 
Missing and Exploited Children shall— 
(1) minimize the number of employees that are 
provided access to any image provided under section 
6; and 
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(2) ensure that any such image is permanently 
destroyed upon notification from a law enforcement 
agency. 
SEC. 10. REENACTMENT OUTSIDE TITLE 18 OF FORMER 
SECTION 2258E (RELATING TO DEFINITIONS). 
In sections 6 through 9— 
(1) the terms ‘‘attorney for the government’’ 
and ‘‘State’’ have the meanings given those terms in 
rule 1 of the Federal Rules of Criminal Procedure; 
(2) the term ‘‘electronic communication service’’ 
has the meaning given that term in section 1491 of 
title 18, United States Code; 
(3) the term ‘‘electronic mail address’’ has the 
meaning given that term in section 3 of the CAN– 
SPAM Act of 2003; 
(4) the term ‘‘Internet’’ has the meaning given 
that term in section 1101 of the Internet Tax Free-
dom Act; 
(5) the term ‘‘remote computing service’’ has 
the meaning given that term in section 3120I of title 
18, United States Code; and 
(6) the term ‘‘website’’ means any collection of 
material placed in a computer server-based file ar-
chive so that it is publicly accessible, over the Inter-
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net, using hypertext transfer protocol or any suc-
cessor protocol. 
SEC. 11. REENACTMENT OUTSIDE TITLE 18 OF SUBSECTION 
(F) OF FORMER SECTION 1716E (RELATING TO 
USE OF PENALTIES). 
There is established a separate account in the Treas-
ury, to be known as the ‘‘PACT Postal Service Fund’’. 
Notwithstanding any other provision of law, an amount 
equal to 50 percent of any criminal fines, civil penalties, 
or other monetary penalties collected by the Federal Gov-
ernment in enforcing section 951 of title 18, United States 
Code, shall be transferred into the PACT Postal Service 
Fund and shall be available to the Postmaster General for 
the purpose of enforcing this section. 
SEC. 12. TRANSFER TO PART II OF TITLE 18, UNITED 
STATES CODE, OF CERTAIN PROCEDURAL 
AND RELATED PROVISIONS. 
Part II of title 18, United States Code, is amended— 
(1) by inserting after chapter 205 the following: 
‘‘CHAPTER 205A—PROCEDURAL AND RE-
LATED PROVISIONS PERTAINING TO 
INTERCEPTION OF COMMUNICATIONS 
‘‘Sec 
‘‘3119. Prohibition of use as evidence of intercepted wire or oral communications 
‘‘3119A. Authorization for interception of wire, oral, or electronic communica-
tions 
‘‘3119B. Authorization for disclosure and use of intercepted wire, oral, or elec-
tronic communications 
‘‘3119C. Procedure for interception of wire, oral, or electronic communications 
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‘‘3119D. Reports concerning intercepted wire, oral, or electronic communications 
‘‘3119E. Recovery of civil damages authorized 
‘‘3119F. Injunction against illegal interception 
‘‘3119G. Enforcement of the Communications Assistance for Law Enforcement 
Act 
‘‘3119H. Definitions 
‘‘§ 3119. Prohibition of use as evidence of intercepted 
wire or oral communications 
‘‘Whenever any wire or oral communication has been 
intercepted, no part of the contents of such communica-
tion and no evidence derived therefrom may be received 
in evidence in any trial, hearing, or other proceeding in 
or before any court, grand jury, department, officer, agen-
cy, regulatory body, legislative committee, or other author-
ity of the United States, a State, or a political subdivision 
thereof if the disclosure of that information would be in 
violation of this chapter. 
‘‘§ 3119A. Authorization for interception of wire, oral, 
or electronic communications 
‘‘(a) FEDERAL PROSECUTORS.—The Attorney Gen-
eral, Deputy Attorney General, Associate Attorney Gen-
eral, or any Assistant Attorney General, any acting Assist-
ant Attorney General, or any Deputy Assistant Attorney 
General or acting Deputy Assistant Attorney General in 
the Criminal Division specially designated by the Attorney 
General, may authorize an application to a Federal judge 
of competent jurisdiction for, and such judge may grant 
in conformity with section 3119C an order authorizing or 
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approving the interception of wire or oral communications 
by the Federal Bureau of Investigation, or a Federal agen-
cy having responsibility for the investigation of the offense 
as to which the application is made, when such intercep-
tion may provide or has provided evidence of— 
‘‘(1) any felony offense under section 272 (re-
lating to atomic weapons), section 783 (relating to 
fraud and related activity in connection with identi-
fication documents, authentication features, and in-
formation), section 787 (relating to fraud and re-
lated activity in connection with computers), sub-
chapter C of chapter 10 (relating to kidnapping), 
subchapter A of chapter 15 (relating to treason), 
subchapter E of chapter 15 (relating to espionage), 
subchapter E of chapter 21 (relating to biological 
weapons), subchapter N of chapter 29 (relating to 
malicious mischief), subchapter A of chapter 31 (re-
lating to piracy), subchapter E of chapter 33, or 
subchapter C of chapter 35 (relating to protection of 
trade secrets) of this title, or section 236 of the 
Atomic Energy Act of 1954; 
‘‘(2) a violation of section 186 or section 501(c) 
of title 29, (dealing with restrictions on payments 
and loans to labor organizations), or any offense 
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which involves murder, kidnapping, robbery, or ex-
tortion, and which is punishable under this title; 
‘‘(3) any offense which is punishable under 
paragraph (2), (4), (6), or (7) of section 102 (relat-
ing to Federally punishable homicides), section 112 
(relating to individuals Federally protected from as-
sault) if the victim is an individual whose killing is 
an offense under paragraph (6) or (7) of section 
102, section 121 (relating to kidnapping) if the vic-
tim is an individual whose killing is an offense under 
paragraph (6) or (7) of section 102, section 123 (re-
lating to hostage taking), section 131 (relating to 
threats against officers or employees of the United 
States, and other specially protected persons), sub-
chapter B of chapter 13 (relating to transport for il-
legal sexual activity), section 221 (relating to sexual 
exploitation of children), section 222 (relating to 
selling or buying of children), section 223 (certain 
activities relating to materials involving the sexual 
exploitation of children and child pornography), sec-
tion 311 (relating to false statement in application 
and use of passport), section 312 (relating to forgery 
or false use of passport), section 313 (relating to 
misuse of passport), section 314 (relating to fraud 
and misuse of visas, permits, and other documents), 
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section 315 (relating to procurement of citizenship 
or nationalization unlawfully), section 316 (relating 
to the sale of naturalization or citizenship papers), 
section 501 (interference with commerce by threats 
or violence), section 502 (interstate and foreign trav-
el or transportation in aid of racketeering enter-
prises), 504 (offer, acceptance, or solicitation to in-
fluence operations of employee benefit plan), section 
505 (prohibition of illegal gambling businesses), sec-
tion 506 (relating to use of interstate commerce fa-
cilities in the commission of murder for hire), sec-
tion 507 (relating to violent crimes in aid of racket-
eering activity), section 513 (relating to criminal 
penalties with respect to racketeer influenced and 
corrupt organizations), section 571 (relating to 
arson within special maritime and territorial juris-
diction), section 593 (relating to possession of fire-
arms and dangerous weapons in Federal facilities), 
section 601 (relating to prohibited transactions in-
volving nuclear materials), subsection (d), (e), (f), 
(g), (h), or (i) of section 614 (relating to penalties 
with respect to unlawful use of explosives), section 
621 (relating to prohibitions with respect to biologi-
cal weapons), section 624 (relating to variola virus), 
section 647 (relating to interstate or foreign ship-
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ments by carrier; state prosecutions), section 651 
(theft or embezzlement from employee benefit plan), 
section 671 (relating to transportation of stolen ve-
hicles), section 672 (relating to sale or receipt of sto-
len vehicles), section 673 (relating to transportation 
of stolen goods, securities, moneys, fraudulent State 
tax stamps, or articles used in counterfeiting), sec-
tion 674 (relating to sale or receipt of stolen goods, 
securities, moneys, or fraudulent State tax stamps), 
section 681 (relating to trafficking in certain motor 
vehicles or motor vehicle parts), section 779 (relat-
ing to loan and credit applications generally; renew-
als and discounts; crop insurance), section 786 (re-
lating to fraud and related activity in connection 
with access devices), section 789 (relating to con-
cealment of assets from conservator, receiver, or liq-
uidating agent of financial institution), section 801 
(relating to mail fraud), section 803 (fraud by wire, 
radio, or television), section 804 (relating to bank 
fraud), section 924 (relating to conspiracy to kill, 
kidnap, maim, or injure persons or damage property 
in a foreign country), section 991 (relating to brib-
ery of public officials and witnesses), section 1003 
(relating to receipt of commissions or gifts for pro-
curing loans), section 1007 (bribery in sporting con-
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tests), section 1071 (relating to prisoners in custody 
of institution or officer), section 1132 (relating to 
influencing or injuring officer or juror generally), 
section 1135 (relating to obstruction of criminal in-
vestigations), section 1136 (relating to obstruction 
of State or local law enforcement with regard to ille-
gal gambling business), section 1137 (relating to 
tampering with a witness, victim, or an informant), 
section 1138 (relating to retaliating against a wit-
ness, victim, or an informant), section 1265 (sex 
trafficking of children by force, fraud, or coercion), 
section 1291 (relating to torture), section 1301 (re-
lating to destruction of aircraft or aircraft facilities), 
section 1302 (relating to destruction of motor vehi-
cles or motor vehicle facilities), section 1305 (relat-
ing to violence at international airports), section 
1306 (relating to fraud involving aircraft or space 
vehicle parts in interstate or foreign commerce), sec-
tion 1302 (relating to destruction of motor vehicles 
or motor vehicle facilities), section 1331 (relating to 
terrorist attacks and other violence against railroad 
carriers and against mass transportation systems on 
land, on water, or through the air), section 1373 (re-
lating to force, violence, and threats involving animal 
enterprises), section 1381 (relating to transmission 
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of wagering information; penalties), section 1445 
(relating to obscene visual representations of the 
sexual abuse of children), section 1451 (relating to 
laundering of monetary instruments), section 1452 
(relating to engaging in monetary transactions in 
property derived from specified unlawful activity), 
section 3146 (relating to penalty for failure to ap-
pear), subsection (b)(3) of section 3521 (relating to 
witness relocation and protection), or section 868 
(relating to border tunnels and passages); 
‘‘(4) any offense involving counterfeiting pun-
ishable under section 692, 693, or 694; 
‘‘(5) any offense involving fraud connected with 
a case under title 11 or the manufacture, importa-
tion, receiving, concealment, buying, selling, or oth-
erwise dealing in narcotic drugs, marihuana, or 
other dangerous drugs, punishable under any law of 
the United States; 
‘‘(6) any offense including extortionate credit 
transactions under section 155, 156, or 157; 
‘‘(7) a violation of section 1453 (relating to 
structuring transactions to evade reporting require-
ment prohibited) of this title or section 5322 (relat-
ing to the reporting of currency transactions) of title 
31; 
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‘‘(8) any felony violation of sections 1492 and 
1493 (relating to interception and disclosure of cer-
tain communications and to certain intercepting de-
vices); 
‘‘(9) any felony violation of subchapter F of 
chapter 35 (relating to obscenity); 
‘‘(10) any violation of section 1307 (relating to 
aircraft piracy), the second sentence of section 1308 
(relating to assault on a flight crew with dangerous 
weapon), or subsection (b)(3) or (c) of section 1309 
(relating to explosive or incendiary devices, or 
endangerment of human life, by means of weapons 
on aircraft) of this title, or section 60123(b) (relat-
ing to destruction of a natural gas pipeline) of title 
49; 
‘‘(11) any criminal violation of section 2778 of 
title 22 (relating to the Arms Export Control Act); 
‘‘(12) the location of any fugitive from justice 
from an offense described in this section; 
‘‘(13) a violation of section 318 (relating to 
bringing in and harboring certain aliens), section 
321 (relating to reentry of removed alien) of this 
title or section 278 of the Immigration and Nation-
ality Act; 
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