1151 
amended by striking ‘‘or a court order pursuant to section 
704 of the Foreign Intelligence Surveillance Act of 1978’’. 
SEC. 6. REENACTMENT OUTSIDE TITLE 18 OF FORMER SEC-
TION 2258A (RELATING TO REPORTING RE-
QUIREMENTS OF ELECTRONIC COMMUNICA-
TION SERVICE PROVIDERS AND REMOTE 
COMPUTING SERVICE PROVIDERS). 
(a) DUTY TO REPORT.— 
(1) IN GENERAL.—Whoever, while engaged in 
providing an electronic communication service or a 
remote computing service to the public through a fa-
cility or means of interstate or foreign commerce, 
obtains actual knowledge of any facts or cir-
cumstances described in paragraph (2) shall, as soon 
as reasonably possible— 
(A) provide to the CyberTipline of the Na-
tional Center for Missing and Exploited Chil-
dren, or any successor to the CyberTipline oper-
ated by such center, the mailing address, tele-
phone number, facsimile number, electronic 
mail address of, and individual point of contact 
for, such electronic communication service pro-
vider or remote computing service provider; and 
(B) make a report of such facts or cir-
cumstances to the CyberTipline, or any suc-
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cessor to the CyberTipline operated by such 
center. 
(2) FACTS OR CIRCUMSTANCES.—The facts or 
circumstances described in this paragraph are any 
facts or circumstances from which there is an appar-
ent violation of— 
(A) section 221, 222, 223, or 224 of title 
18, United States Code, that involves child por-
nography; or 
(B) section 1445 of title 18, United States 
Code. 
(b) CONTENTS OF REPORT.—To the extent the infor-
mation is within the custody or control of an electronic 
communication service provider or a remote computing 
service provider, the facts and circumstances included in 
each report under subsection (a)(1) may include the fol-
lowing information: 
(1) INFORMATION ABOUT THE INVOLVED INDI-
VIDUAL.—Information relating to the identity of any 
individual who appears to have violated a Federal 
law described in subsection (a)(2), which may, to the 
extent reasonably practicable, include the electronic 
mail address, Internet Protocol address, uniform re-
source locator, or any other identifying information, 
including self-reported identifying information. 
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(2) HISTORICAL REFERENCE.—Information re-
lating to when and how a customer or subscriber of 
an electronic communication service or a remote 
computing service uploaded, transmitted, or received 
apparent child pornography or when and how appar-
ent child pornography was reported to, or discovered 
by the electronic communication service provider or 
remote computing service provider, including a date 
and time stamp and time zone. 
(3) GEOGRAPHIC LOCATION INFORMATION.— 
(A) IN GENERAL.—Information relating to 
the geographic location of the involved indi-
vidual or website, which may include the Inter-
net Protocol address or verified billing address, 
or, if not reasonably available, at least 1 form 
of geographic identifying information, including 
area code or zip code. 
(B) INCLUSION.—The information de-
scribed in subparagraph (A) may also include 
any geographic information provided to the 
electronic communication service or remote 
computing service by the customer or sub-
scriber. 
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(4) IMAGES
OF
APPARENT
CHILD
PORNOG-
RAPHY.—Any image of apparent child pornography 
relating to the incident such report is regarding. 
(5) COMPLETE
COMMUNICATION.—The com-
plete communication containing any image of appar-
ent child pornography, including— 
(A) any data or information regarding the 
transmission of the communication; and 
(B) any images, data, or other digital files 
contained in, or attached to, the communica-
tion. 
(c) FORWARDING OF REPORT TO LAW ENFORCE-
MENT.— 
(1) IN
GENERAL.—The National Center for 
Missing and Exploited Children shall forward each 
report made under subsection (a)(1) to any appro-
priate law enforcement agency designated by the At-
torney General under subsection (d)(2). 
(2) STATE AND LOCAL LAW ENFORCEMENT.— 
The National Center for Missing and Exploited Chil-
dren may forward any report made under subsection 
(a)(1) to an appropriate law enforcement official of 
a State or political subdivision of a State for the 
purpose of enforcing State criminal law. 
(3) FOREIGN LAW ENFORCEMENT.— 
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(A) IN
GENERAL.—The National Center 
for Missing and Exploited Children may for-
ward any report made under subsection (a)(1) 
to any appropriate foreign law enforcement 
agency designated by the Attorney General 
under subsection (d)(3), subject to the condi-
tions established by the Attorney General under 
subsection (d)(3). 
(B) TRANSMITTAL TO DESIGNATED FED-
ERAL AGENCIES.—If the National Center for 
Missing and Exploited Children forwards a re-
port to a foreign law enforcement agency under 
subparagraph (A), the National Center for 
Missing and Exploited Children shall concur-
rently provide a copy of the report and the 
identity of the foreign law enforcement agency 
to— 
(i) the Attorney General; or 
(ii) the Federal law enforcement agen-
cy or agencies designated by the Attorney 
General under subsection (d)(2). 
(d) ATTORNEY GENERAL RESPONSIBILITIES.— 
(1) IN GENERAL.—The Attorney General shall 
enforce this section. 
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(2) DESIGNATION
OF
FEDERAL
AGENCIES.— 
The Attorney General shall designate promptly the 
Federal law enforcement agency or agencies to 
which a report shall be forwarded under subsection 
(c)(1). 
(3) DESIGNATION
OF
FOREIGN
AGENCIES.— 
The Attorney General shall promptly— 
(A) in consultation with the Secretary of 
State, designate the foreign law enforcement 
agencies to which a report may be forwarded 
under subsection (c)(3); 
(B) establish the conditions under which 
such a report may be forwarded to such agen-
cies; and 
(C) develop a process for foreign law en-
forcement agencies to request assistance from 
Federal law enforcement agencies in obtaining 
evidence related to a report referred under sub-
section (c)(3). 
(4) REPORTING DESIGNATED FOREIGN AGEN-
CIES.—The Attorney General shall maintain and 
make available to the Department of State, the Na-
tional Center for Missing and Exploited Children, 
electronic communication service providers, remote 
computing service providers, the Committee on the 
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Judiciary of the Senate, and the Committee on the 
Judiciary of the House of Representatives a list of 
the foreign law enforcement agencies designated 
under paragraph (3). 
(5) SENSE OF CONGRESS REGARDING DESIGNA-
TION OF FOREIGN AGENCIES.—It is the sense of 
Congress that— 
(A) combating the international manufac-
turing, possession, and trade in online child 
pornography requires cooperation with com-
petent, qualified, and appropriately trained for-
eign law enforcement agencies; and 
(B) the Attorney General, in cooperation 
with the Secretary of State, should make a sub-
stantial effort to expand the list of foreign 
agencies designated under paragraph (3). 
(6) NOTIFICATION TO PROVIDERS.—If an elec-
tronic communication service provider or remote 
computing service provider notifies the National 
Center for Missing and Exploited Children that the 
electronic communication service provider or remote 
computing service provider is making a report under 
this section as the result of a request by a foreign 
law enforcement agency, the National Center for 
Missing and Exploited Children shall— 
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(A) if the Center forwards the report to 
the requesting foreign law enforcement agency 
or another agency in the same country des-
ignated by the Attorney General under para-
graph (3), notify the electronic communication 
service provider or remote computing service 
provider of— 
(i) the identity of the foreign law en-
forcement agency to which the report was 
forwarded; and 
(ii) the date on which the report was 
forwarded; or 
(B) notify the electronic communication 
service provider or remote computing service 
provider if the Center declines to forward the 
report because the Center, in consultation with 
the Attorney General, determines that no law 
enforcement agency in the foreign country has 
been designated by the Attorney General under 
paragraph (3). 
(e) FAILURE TO REPORT.—An electronic commu-
nication service provider or remote computing service pro-
vider that knowingly and willfully fails to make a report 
required under subsection (a)(1) shall be fined— 
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(1) in the case of an initial knowing and willful 
failure to make a report, not more than $150,000; 
and 
(2) in the case of any second or subsequent 
knowing and willful failure to make a report, not 
more than $300,000. 
(f) PROTECTION OF PRIVACY.—Nothing in this sec-
tion shall be construed to require an electronic commu-
nication service provider or a remote computing service 
provider to— 
(1) monitor any user, subscriber, or customer of 
that provider; 
(2) monitor the content of any communication 
of any person described in paragraph (1); or 
(3) affirmatively seek facts or circumstances de-
scribed in subsections (a) and (b). 
(g) CONDITIONS
OF
DISCLOSURE
INFORMATION 
CONTAINED WITHIN REPORT.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), a law enforcement agency that receives a 
report under subsection (c) shall not disclose any in-
formation contained in that report. 
(2) PERMITTED
DISCLOSURES
BY
LAW
EN-
FORCEMENT.— 
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(A) IN
GENERAL.—A law enforcement 
agency may disclose information in a report re-
ceived under subsection (c)— 
(i) to an attorney for the government 
for use in the performance of the official 
duties of that attorney; 
(ii) to such officers and employees of 
that law enforcement agency, as may be 
necessary in the performance of their in-
vestigative and recordkeeping functions; 
(iii) to such other government per-
sonnel (including personnel of a State or 
subdivision of a State) as are determined 
to be necessary by an attorney for the gov-
ernment to assist the attorney in the per-
formance of the official duties of the attor-
ney in enforcing Federal criminal law; 
(iv) if the report discloses a violation 
of State criminal law, to an appropriate of-
ficial of a State or subdivision of a State 
for the purpose of enforcing such State 
law; 
(v) to a defendant in a criminal case 
or the attorney for that defendant, subject 
to the terms and limitations under section 
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PWALKER on DSK7TPTVN1PROD with BILLS
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3509(m) of title 18, United States Code, 
or a similar State law, to the extent the in-
formation relates to a criminal charge 
pending against that defendant; 
(vi) subject to subparagraph (B), to 
an electronic communication service pro-
vider or remote computing provider if nec-
essary to facilitate response to legal proc-
ess issued in connection to a criminal in-
vestigation, prosecution, or post-conviction 
remedy relating to that report; and 
(vii) as ordered by a court upon a 
showing of good cause and pursuant to any 
protective orders or other conditions that 
the court may impose. 
(B) LIMITATIONS.— 
(i) LIMITATIONS
ON
FURTHER
DIS-
CLOSURE.—The electronic communication 
service provider or remote computing serv-
ice provider shall be prohibited from dis-
closing the contents of a report provided 
under subparagraph (A)(vi) to any person, 
except as necessary to respond to the legal 
process. 
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(ii) EFFECT.—Nothing in subpara-
graph (A)(vi) authorizes a law enforcement 
agency to provide child pornography im-
ages to an electronic communications serv-
ice provider or a remote computing service. 
(3) PERMITTED
DISCLOSURES
BY
THE
NA-
TIONAL
CENTER
FOR
MISSING
AND
EXPLOITED 
CHILDREN.—The National Center for Missing and 
Exploited Children may disclose information received 
in a report under subsection (a) only— 
(A) to any Federal law enforcement agency 
designated by the Attorney General under sub-
section (d)(2); 
(B) to any State, local, or tribal law en-
forcement agency involved in the investigation 
of child pornography, child exploitation, kidnap-
ping, or enticement crimes; 
(C) to any foreign law enforcement agency 
designated by the Attorney General under sub-
section (d)(3); and 
(D) to an electronic communication service 
provider or remote computing service provider 
as described in section 8. 
(h) PRESERVATION.— 
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