(1) by redesignating paragraphs (3) and (4) as 
paragraphs (4) and (5), respectively; 
(2) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) CONTENTS OF REPORT.— 
‘‘(A) A provider of electronic communica-
tion services or remote computing services de-
scribed in paragraph (1) who makes a report 
under that paragraph shall, to the extent pos-
sible, include in such report information related 
to the facts and circumstances of such report 
that is reasonably available to the provider, and 
that the provider considers to be reliable infor-
mation, which may include— 
‘‘(i) any identifying information of the 
person who is the subject of the report, in-
cluding— 
‘‘(I) a user identification or other 
online identifier; 
‘‘(II) an electronic mail address; 
‘‘(III) a website address; or 
‘‘(IV) a uniform resource locator; 
‘‘(ii) information pertaining to the ge-
ographic location of the person, website, or 
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URL involved in the alleged incident, 
which may include— 
‘‘(I) street address; 
‘‘(II) telephone number; 
‘‘(III) area code; 
‘‘(IV) ZIP code; or 
‘‘(V) Internet Protocol address; 
‘‘(iii) any image of apparent child por-
nography that is the subject of the report; 
‘‘(iv) the dates and times of the inci-
dent of apparent child pornography, which 
may include when images were uploaded, 
transmitted, reported, or discovered; and 
‘‘(v) if not registered with the Na-
tional Center for Missing and Exploited 
Children, accurate contact information for 
such provider, including address, telephone 
number, facsimile number, electronic mail 
address, and an individual point of contact 
for such provider. 
‘‘(B) A provider of electronic communica-
tion services or remote computing services who 
makes a report under paragraph (1) and pro-
vides information in good faith compliance shall 
not be considered in violation of this section.’’; 
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(3) by amending paragraph (4) (as so redesig-
nated by paragraph (1) of this subsection) to read 
as follows: 
‘‘(4) STATE, LOCAL, AND INTERNATIONAL RE-
FERRALS.—In addition to forwarding such reports 
to those agencies designated in paragraph (2), the 
National Center for Missing and Exploited Children 
is authorized to forward any such report to an ap-
propriate official of a State or subdivision of a State 
for the purpose of enforcing State criminal law, or 
to an appropriate official of a foreign law enforce-
ment agency that— 
‘‘(A) is willing to reciprocally refer such re-
ports to law enforcement authorities in the 
United States; 
‘‘(B) is a signatory to the Council of Eu-
rope Convention on Cybercrime or a Mutual 
Legal Assistance Treaty with the United States; 
‘‘(C) has set forth a legal basis to use the 
materials for purposes of investigating, or en-
gaging in enforcement proceedings related to, 
possible violations of foreign laws related to 
child pornography and child exploitation similar 
to practices prohibited by sections 2251, 
2251A, 2252, 2252A, 2252B, or 2260 of title 
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18, United States Code, involving child pornog-
raphy (as defined in section 2256 of that title), 
or 1466A of that title; 
‘‘(D) has set forth a bona fide legal basis 
for the foreign law enforcement agency’s au-
thority to maintain the material in confidence; 
and 
‘‘(E) is not from a foreign state that the 
Secretary of State has determined, in accord-
ance with section 6(i) of the Export Adminis-
tration Act of 1979 (50 U.S.C. App. 2405(i)), 
has repeatedly provided support for acts of 
international terrorism, unless and until such 
determination is rescinded pursuant to section 
6(i)(4) 
of 
that 
Act 
(50 
U.S.C. 
App. 
2405(i)(4)).’’; and 
(4) by adding at the end the following new 
paragraph: 
‘‘(6) DUTY TO PRESERVE EVIDENCE.—The At-
torney General shall designate necessary staff mem-
bers, as specified by the Attorney General, who are 
assigned to work full-time at the National Center for 
Missing and Exploited Children on reports of child 
pornography to have responsibility for issuing pres-
ervation requests under section 2703(f) of title 18, 
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United States Code, to a provider of electronic com-
munication services or remote computing services to 
preserve any records or other information related to 
the facts or circumstances used by such provider to 
make a report under paragraph (1) which has been 
referred for investigation to an Internet Crimes 
Against Children Task Force in the jurisdiction of 
such law enfocement agency. Such preservation re-
quest may be issued related to— 
‘‘(A) a report to the Cyber Tip Line made 
by a provider of electronic communication serv-
ices or remote computing services pursuant to 
paragraph (1); or 
‘‘(B) a report to the Cyber Tip Line made 
by a member of the public or a provider of elec-
tronic communication services or remote com-
puting services, if the circumstances are such 
that the provider of electronic communication 
services or remote computing services reason-
ably believes that an emergency involving the 
immediate danger or serious physical injury to 
any child justifies preservation.’’. 
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SEC. 3. ENHANCED IMMUNITY TO ENCOURAGE REPORTING 
BY PROVIDERS. 
Section 227(c) of the Victims of Child Abuse Act of 
1990 (42 U.S.C. 13032(c)) is amended to read as follows: 
‘‘(c) LIMITED LIABILITY.—No civil claim or criminal 
charge may be brought in Federal or State court against 
any provider of electronic communication services or re-
mote computer services on account of any action taken 
in good faith by such provider to comply with or pursuant 
to this section.’’. 
SEC. 4. USE OF INFORMATION BY THE NCMEC. 
Section 227(f) of the Victims of Child Abuse Act of 
1990 (42 U.S.C. 13032(f)) is amended— 
(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by inserting after paragaph (1) the fol-
lowing new paragraph: 
‘‘(2) USE OF INFORMATION TO COMBAT CHILD 
PORNOGRAPHY.—The National Center for Missing 
and Exploited Children is authorized to provide ele-
ments relating to any image, including the image 
itself, or other relevant information reported to its 
Cyber Tipline in accordance with this section, to any 
provider of electronic communication services or re-
mote computing services for the purposes described 
in subparagraphs (A) and (B), if such provider pro-
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vides an assurance that such elements shall be used 
by the provider only for the following purposes: 
‘‘(A) To permit such provider to stop the 
further transmission of child pornography im-
ages. 
‘‘(B) To develop technologies to prevent 
and detect child pornography. 
‘‘(C) To develop industry best practices re-
lated to the prevention and detection of child 
pornography.’’. 
SEC. 5. ADDITIONAL PROVISIONS. 
Section 227 of the Victims of Child Abuse Act of 
1990 (42 U.S.C. 13032(c)) is further amended by adding 
at the end the following new subsections: 
‘‘(h) STATE PREEMPTION.—Any law, regulation, pro-
vision, or action of any State that requires any person to 
notify another person, governmental agency, or other enti-
ty regarding images of child pornography or of child sex-
ual exploitation displayed or transmitted on the Internet, 
or under which liability is imposed on any person for fail-
ure to notify another person, a governmental agency, or 
other entity regarding such images shall be preempted. 
‘‘(i) REPORTS TO CONGRESS.— 
‘‘(1) ANNUAL REPORT BY THE ATTORNEY GEN-
ERAL.—The Attorney General of the United States 
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shall submit to Congress, and make publicly avail-
able on the website of the Department of Justice, an 
annual report containing— 
‘‘(A) the number of— 
‘‘(i) investigations by Federal, State, 
and local law enforcement agencies of 
crimes of sexual exploitation against chil-
dren that are initiated by a report made to 
the National Center for Missing and Ex-
ploited Children under subsection (b)(1); 
‘‘(ii) prosecutions resulting from in-
vestigations by Federal, State, and local 
law enforcement agencies of crimes of sex-
ual exploitation against children initiated 
by such a report; 
‘‘(iii) convictions resulting from pros-
ecutions by Federal, State, and local au-
thorities of crimes of sexual exploitation 
against children initiated by such a report; 
and 
‘‘(iv) convictions of repeat offenders 
initiated by such a report; 
‘‘(B) descriptions of sentences given to 
persons convicted as a result of investigations 
initiated by such a report; 
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‘‘(C) the length of time between initiation 
and completion of investigations, prosecutions, 
and convictions initiated by such a report; 
‘‘(D) the results of investigation initiated 
by such a report, including whether a closed in-
vestigation was reopened, the reasons an inves-
tigation was reopened (if applicable), and the 
ultimate result of the investigation. 
‘‘(2) ANNUAL VERIFICATION REPORT BY THE 
INSPECTOR
GENERAL.—The Inspector General of 
the Department of Justice shall submit to Congress, 
and make publicly available on the website of the 
Department of Justice, an independent verification 
of the report submitted by the Attorney General in 
accordance with paragraph (1).’’. 
SEC. 6. EFFECTIVE DATE. 
This Act, and the amendments made by this Act, 
shall take effect 180 days after the date of the enactment 
of this Act. 
Æ 
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