[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1738 Enrolled Bill (ENR)]
S.1738
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To require the Department of Justice to develop and implement a National
Strategy Child Exploitation Prevention and Interdiction, to improve the
Internet Crimes Against Children Task Force, to increase resources for
regional computer forensic labs, and to make other improvements to
increase the ability of law enforcement agencies to investigate and
prosecute child predators.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Providing
Resources, Officers, and Technology To Eradicate Cyber Threats to Our
Children Act of 2008'' or the ``PROTECT Our Children Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--NATIONAL STRATEGY FOR CHILD EXPLOITATION PREVENTION AND
INTERDICTION
Sec. 101. Establishment of National Strategy for Child Exploitation
Prevention and Interdiction.
Sec. 102. Establishment of National ICAC Task Force Program.
Sec. 103. Purpose of ICAC task forces.
Sec. 104. Duties and functions of task forces.
Sec. 105. National Internet Crimes Against Children Data System.
Sec. 106. ICAC grant program.
Sec. 107. Authorization of appropriations.
TITLE II--ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION
Sec. 201. Additional regional computer forensic labs.
TITLE III--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION
Sec. 301. Prohibit the broadcast of live images of child abuse.
Sec. 302. Amendment to section 2256 of title 18, United States Code.
Sec. 303. Amendment to section 2260 of title 18, United States Code.
Sec. 304. Prohibiting the adaptation or modification of an image of an
identifiable minor to produce child pornography.
TITLE IV--NATIONAL INSTITUTE OF JUSTICE STUDY OF RISK FACTORS
Sec. 401. NIJ study of risk factors for assessing dangerousness.
TITLE V--SECURING ADOLESCENTS FROM ONLINE EXPLOITATION
Sec. 501. Reporting requirements of electronic communication service
providers and remote computing service providers.
Sec. 502. Reports.
Sec. 503. Severability.
SEC. 2. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Child exploitation.--The term ``child exploitation'' means
any conduct, attempted conduct, or conspiracy to engage in conduct
involving a minor that violates section 1591, chapter 109A, chapter
110, and chapter 117 of title 18, United States Code, or any sexual
activity involving a minor for which any person can be charged with
a criminal offense.
(2) Child obscenity.--The term ``child obscenity'' means any
visual depiction proscribed by section 1466A of title 18, United
States Code.
(3) Minor.--The term ``minor'' means any person under the age
of 18 years.
(4) Sexually explicit conduct.--The term ``sexually explicit
conduct'' has the meaning given such term in section 2256 of title
18, United States Code.
TITLE I--NATIONAL STRATEGY FOR CHILD EXPLOITATION PREVENTION AND
INTERDICTION
SEC. 101. ESTABLISHMENT OF NATIONAL STRATEGY FOR CHILD EXPLOITATION
PREVENTION AND INTERDICTION.
(a) In General.--The Attorney General of the United States shall
create and implement a National Strategy for Child Exploitation
Prevention and Interdiction.
(b) Timing.--Not later than 1 year after the date of enactment of
this Act and on February 1 of every second year thereafter, the
Attorney General shall submit to Congress the National Strategy
established under subsection (a).
(c) Required Contents of National Strategy.--The National Strategy
established under subsection (a) shall include the following:
(1) Comprehensive long-range, goals for reducing child
exploitation.
(2) Annual measurable objectives and specific targets to
accomplish long-term, quantifiable goals that the Attorney General
determines may be achieved during each year beginning on the date
when the National Strategy is submitted.
(3) Annual budget priorities and Federal efforts dedicated to
combating child exploitation, including resources dedicated to
Internet Crimes Against Children task forces, Project Safe
Childhood, FBI Innocent Images Initiative, the National Center for
Missing and Exploited Children, regional forensic computer labs,
Internet Safety programs, and all other entities whose goal or
mission is to combat the exploitation of children that receive
Federal support.
(4) A 5-year projection for program and budget goals and
priorities.
(5) A review of the policies and work of the Department of
Justice related to the prevention and investigation of child
exploitation crimes, including efforts at the Office of Justice
Programs, the Criminal Division of the Department of Justice, the
Executive Office of United States Attorneys, the Federal Bureau of
Investigation, the Office of the Attorney General, the Office of
the Deputy Attorney General, the Office of Legal Policy, and any
other agency or bureau of the Department of Justice whose
activities relate to child exploitation.
(6) A description of the Department's efforts to coordinate
with international, State, local, tribal law enforcement, and
private sector entities on child exploitation prevention and
interdiction efforts.
(7) Plans for interagency coordination regarding the
prevention, investigation, and apprehension of individuals
exploiting children, including cooperation and collaboration with--
(A) Immigration and Customs Enforcement;
(B) the United States Postal Inspection Service;
(C) the Department of State;
(D) the Department of Commerce;
(E) the Department of Education;
(F) the Department of Health and Human Services; and
(G) other appropriate Federal agencies.
(8) A review of the Internet Crimes Against Children Task Force
Program, including--
(A) the number of ICAC task forces and location of each
ICAC task force;
(B) the number of trained personnel at each ICAC task
force;
(C) the amount of Federal grants awarded to each ICAC task
force;
(D) an assessment of the Federal, State, and local
cooperation in each task force, including--
(i) the number of arrests made by each task force;
(ii) the number of criminal referrals to United States
attorneys for prosecution;
(iii) the number of prosecutions and convictions from
the referrals made under clause (ii);
(iv) the number, if available, of local prosecutions
and convictions based on ICAC task force investigations;
and
(v) any other information demonstrating the level of
Federal, State, and local coordination and cooperation, as
such information is to be determined by the Attorney
General;
(E) an assessment of the training opportunities and
technical assistance available to support ICAC task force
grantees; and
(F) an assessment of the success of the Internet Crimes
Against Children Task Force Program at leveraging State and
local resources and matching funds.
(9) An assessment of the technical assistance and support
available for Federal, State, local, and tribal law enforcement
agencies, in the prevention, investigation, and prosecution of
child exploitation crimes.
(10) A review of the backlog of forensic analysis for child
exploitation cases at each FBI Regional Forensic lab and an
estimate of the backlog at State and local labs.
(11) Plans for reducing the forensic backlog described in
paragraph (10), if any, at Federal, State and local forensic labs.
(12) A review of the Federal programs related to child
exploitation prevention and education, including those related to
Internet safety, including efforts by the private sector and
nonprofit entities, or any other initiatives, that have proven
successful in promoting child safety and Internet safety.
(13) An assessment of the future trends, challenges, and
opportunities, including new technologies, that will impact
Federal, State, local, and tribal efforts to combat child
exploitation.
(14) Plans for liaisons with the judicial branches of the
Federal and State governments on matters relating to child
exploitation.
(15) An assessment of Federal investigative and prosecution
activity relating to reported incidents of child exploitation
crimes, which shall include a number of factors, including--
(A) the number of high-priority suspects (identified
because of the volume of suspected criminal activity or because
of the danger to the community or a potential victim) who were
investigated and prosecuted;
(B) the number of investigations, arrests, prosecutions and
convictions for a crime of child exploitation; and
(C) the average sentence imposed and statutory maximum for
each crime of child exploitation.
(16) A review of all available statistical data indicating the
overall magnitude of child pornography trafficking in the United
States and internationally, including--
(A) the number of computers or computer users, foreign and
domestic, observed engaging in, or suspected by law enforcement
agencies and other sources of engaging in, peer-to-peer file
sharing of child pornography;
(B) the number of computers or computer users, foreign and
domestic, observed engaging in, or suspected by law enforcement
agencies and other reporting sources of engaging in, buying and
selling, or other commercial activity related to child
pornography;
(C) the number of computers or computer users, foreign and
domestic, observed engaging in, or suspected by law enforcement
agencies and other sources of engaging in, all other forms of
activity related to child pornography;
(D) the number of tips or other statistical data from the
National Center for Missing and Exploited Children's
CyberTipline and other data indicating the magnitude of child
pornography trafficking; and
(E) any other statistical data indicating the type, nature,
and extent of child exploitation crime in the United States and
abroad.
(17) Copies of recent relevant research and studies related to
child exploitation, including--
(A) studies related to the link between possession or
trafficking of child pornography and actual abuse of a child;
(B) studies related to establishing a link between the
types of files being viewed or shared and the type of illegal
activity; and
(C) any other research, studies, and available information
related to child exploitation.
(18) A review of the extent of cooperation, coordination, and
mutual support between private sector and other entities and
organizations and Federal agencies, including the involvement of
States, local and tribal government agencies to the extent Federal
programs are involved.
(19) The results of the Project Safe Childhood Conference or
other conferences or meetings convened by the Department of Justice
related to combating child exploitation.
(d) Appointment of High-Level Official.--
(1) In general.--The Attorney General shall designate a senior
official at the Department of Justice to be responsible for
coordinating the development of the National Strategy established
under subsection (a).
(2) Duties.--The duties of the official designated under
paragraph (1) shall include--
(A) acting as a liaison with all Federal agencies regarding
the development of the National Strategy;
(B) working to ensure that there is proper coordination
among agencies in developing the National Strategy;
(C) being knowledgeable about budget priorities and
familiar with all efforts within the Department of Justice and
the FBI related to child exploitation prevention and
interdiction; and
(D) communicating the National Strategy to Congress and
being available to answer questions related to the strategy at
congressional hearings, if requested by committees of
appropriate jurisdictions, on the contents of the National
Strategy and progress of the Department of Justice in
implementing the National Strategy.
SEC. 102. ESTABLISHMENT OF NATIONAL ICAC TASK FORCE PROGRAM.
(a) Establishment.--
(1) In general.--There is established within the Department of
Justice, under the general authority of the Attorney General, a
National Internet Crimes Against Children Task Force Program
(hereinafter in this title referred to as the ``ICAC Task Force
Program''), which shall consist of a national program of State and
local law enforcement task forces dedicated to developing effective
responses to online enticement of children by sexual predators,
child exploitation, and child obscenity and pornography cases.
(2) Intent of congress.--It is the purpose and intent of
Congress that the ICAC Task Force Program established under
paragraph (1) is intended to continue the ICAC Task Force Program
authorized under title I of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act,
1998, and funded under title IV of the Juvenile Justice and
Delinquency Prevention Act of 1974.
(b) National Program.--
(1) State representation.--The ICAC Task Force Program
established under subsection (a) shall include at least 1 ICAC task
force in each State.
(2) Capacity and continuity of investigations.--In order to
maintain established capacity and continuity of investigations and
prosecutions of child exploitation cases, the Attorney General,
shall, in establishing the ICAC Task Force Program under subsection
(a) consult with and consider all 59 task forces in existence on
the date of enactment of this Act. The Attorney General shall
include all existing ICAC task forces in the ICAC Task Force
Program, unless the Attorney General makes a determination that an
existing ICAC does not have a proven track record of success.
(3) Ongoing review.--The Attorney General shall--
(A) conduct periodic reviews of the effectiveness of each
ICAC task force established under this section; and
(B) have the discretion to establish a new task force if
the Attorney General determines that such decision will enhance
the effectiveness of combating child exploitation provided that
the Attorney General notifies Congress in advance of any such
decision and that each state maintains at least 1 ICAC task
force at all times.
(4) Training.--
(A) In general.--The Attorney General may establish
national training programs to support the mission of the ICAC
task forces, including the effective use of the National
Internet Crimes Against Children Data System.
(B) Limitation.--In establishing training courses under
this paragraph, the Attorney General may not award any one
entity other than a law enforcement agency more than $2,000,000
annually to establish and conduct training courses for ICAC
task force members and other law enforcement officials.
(C) Review.--The Attorney General shall--
(i) conduct periodic reviews of the effectiveness of
each training session authorized by this paragraph; and
(ii) consider outside reports related to the effective
use of Federal funding in making future grant awards for
training.
SEC. 103. PURPOSE OF ICAC TASK FORCES.
The ICAC Task Force Program, and each State or local ICAC task
force that is part of the national program of task forces, shall be
dedicated toward--
(1) increasing the investigative capabilities of State and
local law enforcement officers in the detection, investigation, and
apprehension of Internet crimes against children offenses or
offenders, including technology-facilitated child exploitation
offenses;
(2) conducting proactive and reactive Internet crimes against
children investigations;
(3) providing training and technical assistance to ICAC task
forces and other Federal, State, and local law enforcement agencies
in the areas of investigations, forensics, prosecution, community
outreach, and capacity-building, using recognized experts to assist
in the development and delivery of training programs;
(4) increasing the number of Internet crimes against children
offenses being investigated and prosecuted in both Federal and
State courts;
(5) creating a multiagency task force response to Internet
crimes against children offenses within each State;
(6) participating in the Department of Justice's Project Safe
Childhood initiative, the purpose of which is to combat technology-
facilitated sexual exploitation crimes against children;
(7) enhancing nationwide responses to Internet crimes against
children offenses, including assisting other ICAC task forces, as
well as other Federal, State, and local agencies with Internet
crimes against children investigations and prosecutions;
(8) developing and delivering Internet crimes against children
public awareness and prevention programs; and
(9) participating in such other activities, both proactive and
reactive, that will enhance investigations and prosecutions of
Internet crimes against children.
SEC. 104. DUTIES AND FUNCTIONS OF TASK FORCES.
Each State or local ICAC task force that is part of the national
program of task forces shall--
(1) consist of State and local investigators, prosecutors,
forensic specialists, and education specialists who are dedicated
to addressing the goals of such task force;
(2) work consistently toward achieving the purposes described
in section 103;
(3) engage in proactive investigations, forensic examinations,
and effective prosecutions of Internet crimes against children;
(4) provide forensic, preventive, and investigative assistance
to parents, educators, prosecutors, law enforcement, and others
concerned with Internet crimes against children;
(5) develop multijurisdictional, multiagency responses and
partnerships to Internet crimes against children offenses through
ongoing informational, administrative, and technological support to
other State and local law enforcement agencies, as a means for such
agencies to acquire the necessary knowledge, personnel, and
specialized equipment to investigate and prosecute such offenses;
(6) participate in nationally coordinated investigations in any
case in which the Attorney General determines such participation to
be necessary, as permitted by the available resources of such task
force;
(7) establish or adopt investigative and prosecution standards,
consistent with established norms, to which such task force shall
comply;
(8) investigate, and seek prosecution on, tips related to
Internet crimes against children, including tips from Operation
Fairplay, the National Internet Crimes Against Children Data System
established in section 105, the National Center for Missing and
Exploited Children's CyberTipline, ICAC task forces, and other
Federal, State, and local agencies, with priority being given to
investigative leads that indicate the possibility of identifying or
rescuing child victims, including investigative leads that indicate
a likelihood of seriousness of offense or dangerousness to the
community;
(9) develop procedures for handling seized evidence;
(10) maintain--
(A) such reports and records as are required under this
title; and
(B) such other reports and records as determined by the
Attorney General; and
(11) seek to comply with national standards regarding the
investigation and prosecution of Internet crimes against children,
as set forth by the Attorney General, to the extent such standards
are consistent with the law of the State where the task force is
located.
SEC. 105. NATIONAL INTERNET CRIMES AGAINST CHILDREN DATA SYSTEM.
(a) In General.--The Attorney General shall establish, consistent
with all existing Federal laws relating to the protection of privacy, a
National Internet Crimes Against Children Data System. The system shall
not be used to search for or obtain any information that does not
involve the use of the Internet to facilitate child exploitation.
(b) Intent of Congress.--It is the purpose and intent of Congress
that the National Internet Crimes Against Children Data System
established in subsection (a) is intended to continue and build upon
Operation Fairplay developed by the Wyoming Attorney General's office,
which has established a secure, dynamic undercover infrastructure that
has facilitated online law enforcement investigations of child
exploitation, information sharing, and the capacity to collect and
aggregate data on the extent of the problems of child exploitation.
(c) Purpose of System.--The National Internet Crimes Against
Children Data System established under subsection (a) shall be
dedicated to assisting and supporting credentialed law enforcement
agencies authorized to investigate child exploitation in accordance
with Federal, State, local, and tribal laws, including by providing
assistance and support to--
(1) Federal agencies investigating and prosecuting child
exploitation;
(2) the ICAC Task Force Program established under section 102;
(3) State, local, and tribal agencies investigating and
prosecuting child exploitation; and
(4) foreign or international law enforcement agencies, subject
to approval by the Attorney General.
(d) Cyber Safe Deconfliction and Information Sharing.--The National
Internet Crimes Against Children Data System established under
subsection (a)--
(1) shall be housed and maintained within the Department of
Justice or a credentialed law enforcement agency;
(2) shall be made available for a nominal charge to support
credentialed law enforcement agencies in accordance with subsection
(c); and
(3) shall--
(A) allow Federal, State, local, and tribal agencies and
ICAC task forces investigating and prosecuting child
exploitation to contribute and access data for use in resolving
case conflicts;
(B) provide, directly or in partnership with a credentialed
law enforcement agency, a dynamic undercover infrastructure to
facilitate online law enforcement investigations of child
exploitation;
(C) facilitate the development of essential software and
network capability for law enforcement participants; and
(D) provide software or direct hosting and support for
online investigations of child exploitation activities, or, in
the alternative, provide users with a secure connection to an
alternative system that provides such capabilities, provided
that the system is hosted within a governmental agency or a
credentialed law enforcement agency.
(e) Collection and Reporting of Data.--
(1) In general.--The National Internet Crimes Against Children
Data System established under subsection (a) shall ensure the
following:
(A) Real-time reporting.--All child exploitation cases
involving local child victims that are reasonably detectable
using available software and data are, immediately upon their
detection, made available to participating law enforcement
agencies.
(B) High-priority suspects.--Every 30 days, at minimum, the
National Internet Crimes Against Children Data System shall--
(i) identify high-priority suspects, as such suspects
are determined by the volume of suspected criminal activity
or other indicators of seriousness of offense or
dangerousness to the community or a potential local victim;
and
(ii) report all such identified high-priority suspects
to participating law enforcement agencies.
(C) Annual reports.--Any statistical data indicating the
overall magnitude of child pornography trafficking and child
exploitation in the United States and internationally is made
available and included in the National Strategy, as is required
under section 101(c)(16).
(2) Rule of construction.--Nothing in this subsection shall be
construed to limit the ability of participating law enforcement
agencies to disseminate investigative leads or statistical
information in accordance with State and local laws.
(f) Mandatory Requirements of Network.--The National Internet
Crimes Against Children Data System established under subsection (a)
shall develop, deploy, and maintain an integrated technology and
training program that provides--
(1) a secure, online system for Federal law enforcement
agencies, ICAC task forces, and other State, local, and tribal law
enforcement agencies for use in resolving case conflicts, as
provided in subsection (d);
(2) a secure system enabling online communication and
collaboration by Federal law enforcement agencies, ICAC task
forces, and other State, local, and tribal law enforcement agencies
regarding ongoing investigations, investigatory techniques, best
practices, and any other relevant news and professional
information;
(3) a secure online data storage and analysis system for use by
Federal law enforcement agencies, ICAC task forces, and other
State, local, and tribal law enforcement agencies;
(4) secure connections or interaction with State and local law
enforcement computer networks, consistent with reasonable and
established security protocols and guidelines;
(5) guidelines for use of the National Internet Crimes Against
Children Data System by Federal, State, local, and tribal law
enforcement agencies and ICAC task forces; and
(6) training and technical assistance on the use of the
National Internet Crimes Against Children Data System by Federal,
State, local, and tribal law enforcement agencies and ICAC task
forces.
(g) National Internet Crimes Against Children Data System Steering
Committee.--The Attorney General shall establish a National Internet
Crimes Against Children Data System Steering Committee to provide
guidance to the Network relating to the program under subsection (f),
and to assist in the development of strategic plans for the System. The
Steering Committee shall consist of 10 members with expertise in child
exploitation prevention and interdiction prosecution, investigation, or
prevention, including--
(1) 3 representatives elected by the local directors of the
ICAC task forces, such representatives shall represent different
geographic regions of the country;
(2) 1 representative of the Department of Justice Office of
Information Services;
(3) 1 representative from Operation Fairplay, currently hosted
at the Wyoming Office of the Attorney General;
(4) 1 representative from the law enforcement agency having
primary responsibility for hosting and maintaining the National
Internet Crimes Against Children Data System;
(5) 1 representative of the Federal Bureau of Investigation's
Innocent Images National Initiative or Regional Computer Forensic
Lab program;
(6) 1 representative of the Immigration and Customs
Enforcement's Cyber Crimes Center;
(7) 1 representative of the United States Postal Inspection
Service; and
(8) 1 representative of the Department of Justice.
(h) Authorization of Appropriations.--There are authorized to be
appropriated for each of the fiscal years 2009 through 2016, $2,000,000
to carry out the provisions of this section.
SEC. 106. ICAC GRANT PROGRAM.
(a) Establishment.--
(1) In general.--The Attorney General is authorized to award
grants to State and local ICAC task forces to assist in carrying
out the duties and functions described under section 104.
(2) Formula grants.--
(A) Development of formula.--At least 75 percent of the
total funds appropriated to carry out this section shall be
available to award or otherwise distribute grants pursuant to a
funding formula established by the Attorney General in
accordance with the requirements in subparagraph (B).
(B) Formula requirements.--Any formula established by the
Attorney General under subparagraph (A) shall--
(i) ensure that each State or local ICAC task force
shall, at a minimum, receive an amount equal to 0.5 percent
of the funds available to award or otherwise distribute
grants under subparagraph (A); and
(ii) take into consideration the following factors:
(I) The population of each State, as determined by
the most recent decennial census performed by the
Bureau of the Census.
(II) The number of investigative leads within the
applicant's jurisdiction generated by Operation
Fairplay, the ICAC Data Network, the CyberTipline, and
other sources.
(III) The number of criminal cases related to
Internet crimes against children referred to a task
force for Federal, State, or local prosecution.
(IV) The number of successful prosecutions of child
exploitation cases by a task force.
(V) The amount of training, technical assistance,
and public education or outreach by a task force
related to the prevention, investigation, or
prosecution of child exploitation offenses.
(VI) Such other criteria as the Attorney General
determines demonstrate the level of need for additional
resources by a task force.
(3) Distribution of remaining funds based on need.--
(A) In general.--Any funds remaining from the total funds
appropriated to carry out this section after funds have been
made available to award or otherwise distribute formula grants
under paragraph (2)(A) shall be distributed to State and local
ICAC task forces based upon need, as set forth by criteria
established by the Attorney General. Such criteria shall
include the factors under paragraph (2)(B)(ii).
(B) Matching requirement.--A State or local ICAC task force
shall contribute matching non-Federal funds in an amount equal
to not less than 25 percent of the amount of funds received by
the State or local ICAC task force under subparagraph (A). A
State or local ICAC task force that is not able or willing to
contribute matching funds in accordance with this subparagraph
shall not be eligible for funds under subparagraph (A).
(C) Waiver.--The Attorney General may waive, in whole or in
part, the matching requirement under subparagraph (B) if the
State or local ICAC task force demonstrates good cause or
financial hardship.
(b) Application.--
(1) In general.--Each State or local ICAC task force seeking a
grant under this section shall submit an application to the
Attorney General at such time, in such manner, and accompanied by
such information as the Attorney General may reasonably require.
(2) Contents.--Each application submitted pursuant to paragraph
(1) shall--
(A) describe the activities for which assistance under this
section is sought; and
(B) provide such additional assurances as the Attorney
General determines to be essential to ensure compliance with
the requirements of this title.
(c) Allowable Uses.--Grants awarded under this section may be used
to--
(1) hire personnel, investigators, prosecutors, education
specialists, and forensic specialists;
(2) establish and support forensic laboratories utilized in
Internet crimes against children investigations;
(3) support investigations and prosecutions of Internet crimes
against children;
(4) conduct and assist with education programs to help children
and parents protect themselves from Internet predators;
(5) conduct and attend training sessions related to successful
investigations and prosecutions of Internet crimes against
children; and
(6) fund any other activities directly related to preventing,
investigating, or prosecuting Internet crimes against children.
(d) Reporting Requirements.--
(1) ICAC reports.--To measure the results of the activities
funded by grants under this section, and to assist the Attorney
General in complying with the Government Performance and Results
Act (Public Law 103-62; 107 Stat. 285), each State or local ICAC
task force receiving a grant under this section shall, on an annual
basis, submit a report to the Attorney General that sets forth the
following:
(A) Staffing levels of the task force, including the number
of investigators, prosecutors, education specialists, and
forensic specialists dedicated to investigating and prosecuting
Internet crimes against children.
(B) Investigation and prosecution performance measures of
the task force, including--
(i) the number of investigations initiated related to
Internet crimes against children;
(ii) the number of arrests related to Internet crimes
against children; and
(iii) the number of prosecutions for Internet crimes
against children, including--
(I) whether the prosecution resulted in a
conviction for such crime; and
(II) the sentence and the statutory maximum for
such crime under State law.
(C) The number of referrals made by the task force to the
United States Attorneys office, including whether the referral
was accepted by the United States Attorney.
(D) Statistics that account for the disposition of
investigations that do not result in arrests or prosecutions,
such as referrals to other law enforcement.
(E) The number of investigative technical assistance
sessions that the task force provided to nonmember law
enforcement agencies.
(F) The number of computer forensic examinations that the
task force completed.
(G) The number of law enforcement agencies participating in
Internet crimes against children program standards established
by the task force.
(2) Report to congress.--Not later than 1 year after the date
of enactment of this Act, the Attorney General shall submit a
report to Congress on--
(A) the progress of the development of the ICAC Task Force
Program established under section 102; and
(B) the number of Federal and State investigations,
prosecutions, and convictions in the prior 12-month period
related to child exploitation.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this title--
(1) $60,000,000 for fiscal year 2009;
(2) $60,000,000 for fiscal year 2010;
(3) $60,000,000 for fiscal year 2011;
(4) $60,000,000 for fiscal year 2012; and
(5) $60,000,000 for fiscal year 2013.
(b) Availability.--Funds appropriated under subsection (a) shall
remain available until expended.
TITLE II--ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION
SEC. 201. ADDITIONAL REGIONAL COMPUTER FORENSIC LABS.
(a) Additional Resources.--The Attorney General shall establish
additional computer forensic capacity to address the current backlog
for computer forensics, including for child exploitation
investigations. The Attorney General may utilize funds under this title
to increase capacity at existing regional forensic laboratories or to
add laboratories under the Regional Computer Forensic Laboratories
Program operated by the Federal Bureau of Investigation.
(b) Purpose of New Resources.--The additional forensic capacity
established by resources provided under this section shall be dedicated
to assist Federal agencies, State and local Internet Crimes Against
Children task forces, and other Federal, State, and local law
enforcement agencies in preventing, investigating, and prosecuting
Internet crimes against children.
(c) New Computer Forensic Labs.--If the Attorney General determines
that new regional computer forensic laboratories are required under
subsection (a) to best address existing backlogs, such new laboratories
shall be established pursuant to subsection (d).
(d) Location of New Labs.--The location of any new regional
computer forensic laboratories under this section shall be determined
by the Attorney General, in consultation with the Director of the
Federal Bureau of Investigation, the Regional Computer Forensic
Laboratory National Steering Committee, and other relevant
stakeholders.
(e) Report.--Not later than 1 year after the date of enactment of
this Act, and every year thereafter, the Attorney General shall submit
a report to the Congress on how the funds appropriated under this
section were utilized.
(f) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal years 2009 through 2013, $2,000,000 to carry
out the provisions of this section.
TITLE III--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION
SEC. 301. PROHIBIT THE BROADCAST OF LIVE IMAGES OF CHILD ABUSE.
Section 2251 of title 18, United States Code is amended--
(1) in subsection (a), by--
(A) inserting ``or for the purpose of transmitting a live
visual depiction of such conduct'' after ``for the purpose of
producing any visual depiction of such conduct'';
(B) inserting ``or transmitted'' after ``if such person
knows or has reason to know that such visual depiction will be
transported'';
(C) inserting ``or transmitted'' after ``if that visual
depiction was produced''; and
(D) inserting ``or transmitted'' after ``has actually been
transported''; and
(2) in subsection (b), by--
(A) inserting ``or for the purpose of transmitting a live
visual depiction of such conduct'' after ``for the purpose of
producing any visual depiction of such conduct'';
(B) inserting ``or transmitted'' after ``person knows or
has reason to know that such visual depiction will be
transported'';
(C) inserting ``or transmitted'' after ``if that visual
depiction was produced''; and
(D) inserting ``or transmitted'' after ``has actually been
transported''.
SEC. 302. AMENDMENT TO SECTION 2256 OF TITLE 18, UNITED STATES
CODE.
Section 2256(5) of title 18, United States Code is amended by--
(1) striking ``and'' before ``data'';
(2) after ``visual image'' by inserting ``, and data which is
capable of conversion into a visual image that has been transmitted
by any means, whether or not stored in a permanent format''.
SEC. 303. AMENDMENT TO SECTION 2260 OF TITLE 18, UNITED STATES
CODE.
Section 2260(a) of title 18, United States Code, is amended by--
(1) inserting ``or for the purpose of transmitting a live
visual depiction of such conduct'' after ``for the purpose of
producing any visual depiction of such conduct''; and
(2) inserting ``or transmitted'' after ``imported''.
SEC. 304. PROHIBITING THE ADAPTATION OR MODIFICATION OF AN IMAGE OF
AN IDENTIFIABLE MINOR TO PRODUCE CHILD PORNOGRAPHY.
(a) Offense.--Subsection (a) of section 2252A of title 18, United
States Code, is amended--
(1) in paragraph (5), by striking ``; or'' at the end and
inserting a semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; or''; and
(3) by inserting after paragraph (6) the following:
``(7) knowingly produces with intent to distribute, or
distributes, by any means, including a computer, in or affecting
interstate or foreign commerce, child pornography that is an
adapted or modified depiction of an identifiable minor.''.
(b) Punishment.--Subsection (b) of section 2252A of title 18,
United States Code, is amended by adding at the end the following:
``(3) Whoever violates, or attempts or conspires to violate,
subsection (a)(7) shall be fined under this title or imprisoned not
more than 15 years, or both.''.
TITLE IV--NATIONAL INSTITUTE OF JUSTICE STUDY OF RISK FACTORS
SEC. 401. NIJ STUDY OF RISK FACTORS FOR ASSESSING DANGEROUSNESS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the National Institute of Justice shall prepare a report
to identify investigative factors that reliably indicate whether a
subject of an online child exploitation investigation poses a high risk
of harm to children. Such a report shall be prepared in consultation
and coordination with Federal law enforcement agencies, the National
Center for Missing and Exploited Children, Operation Fairplay at the
Wyoming Attorney General's Office, the Internet Crimes Against Children
Task Force, and other State and local law enforcement.
(b) Contents of Analysis.--The report required by subsection (a)
shall include a thorough analysis of potential investigative factors in
on-line child exploitation cases and an appropriate examination of
investigative data from prior prosecutions and case files of identified
child victims.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the National Institute of Justice shall submit a
report to the House and Senate Judiciary Committees that includes the
findings of the study required by this section and makes
recommendations on technological tools and law enforcement procedures
to help investigators prioritize scarce resources to those cases where
there is actual hands-on abuse by the suspect.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $500,000 to the National Institute of Justice to conduct
the study required under this section.
TITLE V--SECURING ADOLESCENTS FROM ONLINE EXPLOITATION
SEC. 501. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION
SERVICE PROVIDERS AND REMOTE COMPUTING SERVICE PROVIDERS.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended by inserting after section 2258 the following:
``SEC. 2258A. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION
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 facility or means of interstate or foreign
commerce, obtains actual knowledge of any facts or circumstances
described in paragraph (2) shall, as soon as reasonably possible--
``(A) provide to the CyberTipline of the National Center
for Missing and Exploited Children, or any successor to the
CyberTipline operated by such center, the mailing address,
telephone number, facsimile number, electronic mail address of,
and individual point of contact for, such electronic
communication service provider or remote computing service
provider; and
``(B) make a report of such facts or circumstances to the
CyberTipline, or any successor 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 apparent violation of--
``(A) section 2251, 2251A, 2252, 2252A, 2252B, or 2260 that
involves child pornography; or
``(B) section 1466A.
``(b) Contents of Report.--To the extent the information 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
following information:
``(1) Information about the involved individual.--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 resource locator, or
any other identifying information, including self-reported
identifying information.
``(2) Historical reference.--Information relating 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 apparent 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 individual or website, which may
include the Internet 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 described in subparagraph
(A) may also include any geographic information provided to the
electronic communication service or remote computing service by
the customer or subscriber.
``(4) Images of apparent child pornography.--Any image of
apparent child pornography relating to the incident such report is
regarding.
``(5) Complete communication.--The complete communication
containing any image of apparent 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 communication.
``(c) Forwarding of Report to Law Enforcement.--
``(1) In general.--The National Center for Missing and
Exploited Children shall forward each report made under subsection
(a)(1) to any appropriate law enforcement agency designated by the
Attorney General under subsection (d)(2).
``(2) State and local law enforcement.--The National Center for
Missing and Exploited Children 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.--
``(A) In general.--The National Center for Missing and
Exploited Children may forward 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 conditions established by the Attorney General
under subsection (d)(3).
``(B) Transmittal to designated federal agencies.--If the
National Center for Missing and Exploited Children forwards a
report to a foreign law enforcement agency under subparagraph
(A), the National Center for Missing and Exploited Children
shall concurrently 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 agency 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.
``(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 agencies; and
``(C) develop a process for foreign law enforcement
agencies to request assistance from Federal law enforcement
agencies in obtaining evidence related to a report referred
under subsection (c)(3).
``(4) Reporting designated foreign agencies.--The Attorney
General shall maintain and make available to the Department of
State, the National Center for Missing and Exploited Children,
electronic communication service providers, remote computing
service providers, the Committee on the 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 designation of foreign
agencies.--It is the sense of Congress that--
``(A) combating the international manufacturing,
possession, and trade in online child pornography requires
cooperation with competent, qualified, and appropriately
trained foreign law enforcement agencies; and
``(B) the Attorney General, in cooperation with the
Secretary of State, should make a substantial effort to expand
the list of foreign agencies designated under paragraph (3).
``(6) Notification to providers.--If an electronic
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--
``(A) if the Center forwards the report to the requesting
foreign law enforcement agency or another agency in the same
country designated by the Attorney General under paragraph (3),
notify the electronic communication service provider or remote
computing service provider of--
``(i) the identity of the foreign law enforcement
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 communication service
provider or remote computing service provider that knowingly and
willfully fails to make a report required under subsection (a)(1) shall
be fined--
``(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 section shall be
construed to require an electronic communication 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 described in
sections (a) and (b).
``(g) Conditions of Disclosure Information Contained Within
Report.--
``(1) In general.--Except as provided in paragraph (2), a law
enforcement agency that receives a report under subsection (c)
shall not disclose any information contained in that report.
``(2) Permitted disclosures by law enforcement.--
``(A) In general.--A law enforcement agency may disclose
information in a report received 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 investigative and recordkeeping functions;
``(iii) to such other government personnel (including
personnel of a State or subdivision of a State) as are
determined to be necessary by an attorney for the
government to assist the attorney in the performance of the
official duties of the attorney in enforcing Federal
criminal law;
``(iv) if the report discloses a violation of State
criminal law, to an appropriate official 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 3509(m) or a similar State law, to the extent
the information relates to a criminal charge pending
against that defendant;
``(vi) subject to subparagraph (B), to an electronic
communication service provider or remote computing provider
if necessary to facilitate response to legal process issued
in connection to a criminal investigation, 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 disclosure.--The
electronic communication service provider or remote
computing service provider shall be prohibited from
disclosing the contents of a report provided under
subparagraph (A)(vi) to any person, except as necessary to
respond to the legal process.
``(ii) Effect.--Nothing in subparagraph (A)(vi)
authorizes a law enforcement agency to provide child
pornography images to an electronic communications service
provider or a remote computing service.
``(3) Permitted disclosures by the national 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 subsection (d)(2);
``(B) to any State, local, or tribal law enforcement agency
involved in the investigation of child pornography, child
exploitation, kidnapping, or enticement crimes;
``(C) to any foreign law enforcement agency designated by
the Attorney General under subsection (d)(3); and
``(D) to an electronic communication service provider or
remote computing service provider as described in section
2258C.
``(h) Preservation.--
``(1) In general.--For the purposes of this section, the
notification to an electronic communication service provider or a
remote computing service provider 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 2703(f).
``(2) Preservation of report.--Pursuant to paragraph (1), an
electronic communication service provider or a remote computing
service shall preserve 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 communication service provider or a remote
computing service shall preserve any images, data, or other digital
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 computing service preserving
materials under this section shall maintain the materials in a
secure location 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 affected.--Nothing in this
section shall be construed as replacing, amending, or otherwise
interfering with the authorities and duties under section 2703.
``SEC. 2258B. LIMITED LIABILITY FOR ELECTRONIC COMMUNICATION SERVICE
PROVIDERS, REMOTE COMPUTING SERVICE PROVIDERS, OR DOMAIN NAME
REGISTRAR.
``(a) In General.--Except as provided in subsection (b), a civil
claim or criminal charge against an electronic communication service
provider, a remote computing service provider, or domain name
registrar, including any director, officer, employee, or agent of such
electronic communication service provider, remote computing service
provider, or domain name registrar arising from the performance of the
reporting or preservation responsibilities of such electronic
communication service provider, remote computing service provider, or
domain name registrar under this section, section 2258A, or section
2258C may not be brought in any Federal or State court.
``(b) Intentional, Reckless, or Other Misconduct.--Subsection (a)
shall 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 justification; or
``(C) for a purpose unrelated to the performance of any
responsibility or function under this section, sections 2258A,
2258C, 2702, or 2703.
``(c) Minimizing Access.--An electronic communication 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 2258A or 2258C; and
``(2) ensure that any such image is permanently destroyed, upon
a request from a law enforcement agency to destroy the image.
``SEC. 2258C. USE TO COMBAT CHILD PORNOGRAPHY OF TECHNICAL ELEMENTS
RELATING TO IMAGES REPORTED TO THE CYBERTIPLINE.
``(a) Elements.--
``(1) In general.--The National Center for Missing and
Exploited Children may provide elements relating to any apparent
child pornography image of an identified child to an electronic
communication 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
technological elements that can be used to identify and stop the
transmission of child pornography.
``(3) Exclusion.--The elements authorized under paragraph (1)
may not include the actual images.
``(b) Use by Electronic Communication Service Providers and Remote
Computing Service Providers.--Any electronic communication service
provider or remote computing service provider that receives elements
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, provided that such use shall not relieve that electronic
communication service provider or remote computing service provider
from its reporting obligations under section 2258A.
``(c) Limitations.--Nothing in subsections (a) or (b) requires
electronic communication service providers or remote computing service
providers receiving elements relating to any apparent child pornography
image of an identified child from the National Center for Missing and
Exploited Children to use the elements to stop the further transmission
of the images.
``(d) Provision of Elements to Law Enforcement.--The National
Center for Missing and Exploited Children shall make available to
Federal, State, and local law enforcement involved in the investigation
of child pornography crimes elements, including hash values, relating
to any apparent child pornography image of an identified child reported
to the National Center for Missing and Exploited Children.
``(e) Use by Law Enforcement.--Any Federal, State, or local law
enforcement agency that receives elements relating to any apparent
child pornography image of an identified child from the National Center
for Missing and Exploited Children under section (d) may use such
elements only in the performance of the official duties of that agency
to investigate child pornography crimes.
``SEC. 2258D. LIMITED LIABILITY FOR THE NATIONAL CENTER FOR MISSING 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, including 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 2258A or 2258C of this title, or section 404 of the
Missing Children's Assistance Act (42 U.S.C. 5773), or from the effort
of such center to identify child victims may not be brought in any
Federal or State court.
``(b) Intentional, Reckless, or Other Misconduct.--Subsection (a)
shall 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 performance of any
responsibility or function under this section, section 2258A or
2258C of this title, or section 404 of the Missing Children's
Assistance Act (42 U.S.C. 5773).
``(c) Ordinary Business Activities.--Subsection (a) shall not apply
to an act or omission relating to an ordinary business activity,
including general administration 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 2258A; and
``(2) ensure that any such image is permanently destroyed upon
notification from a law enforcement agency.
``SEC. 2258E. DEFINITIONS.
``In sections 2258A through 2258D--
``(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 2510;
``(3) the term `electronic mail address' has the meaning given
that term in section 3 of the CAN-SPAM Act of 2003 (15 U.S.C.
7702);
``(4) the term `Internet' has the meaning given that term in
section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151 note);
``(5) the term `remote computing service' has the meaning given
that term in section 2711; and
``(6) the term `website' means any collection of material
placed in a computer server-based file archive so that it is
publicly accessible, over the Internet, using hypertext transfer
protocol or any successor protocol.''.
(b) Technical and Conforming Amendments.--
(1) Repeal of superceded provision.--Section 227 of the Crime
Control Act of 1990 (42 U.S.C. 13032) is repealed.
(2) Technical corrections.--Section 2702 of title 18, United
States Code, is amended--
(A) in subsection (b)(6), by striking ``section 227 of the
Victims of Child Abuse Act of 1990 (42 U.S.C. 13032)'' and
inserting ``section 2258A''; and
(B) in subsection (c)(5), by striking ``section 227 of the
Victims of Child Abuse Act of 1990 (42 U.S.C. 13032)'' and
inserting ``section 2258A''.
(3) Table of sections.--The table of sections for chapter 110
of title 18, United States Code, is amended by inserting after the
item relating to section 2258 the following:
``2258A. Reporting requirements of electronic communication service
providers and remote computing service providers.
``2258B. Limited liability for electronic communication service
providers and remote computing service providers.
``2258C. Use to combat child pornography of technical elements relating
to images reported to the CyberTipline.
``2258D. Limited liability for the National Center for Missing and
Exploited Children.
``2258E. Definitions.''.
SEC. 502. REPORTS.
(a) Attorney General Report on Implementation, Investigative
Methods and Information Sharing.--Not later than 12 months after the
date of enactment of this Act, the Attorney General shall submit a
report to the Committee on the Judiciary of Senate and the Committee on
the Judiciary of the House of Representatives on--
(1) the structure established in this Act, including the
respective functions of the National Center for Missing and
Exploited Children, Department of Justice, and other entities that
participate in information sharing under this Act;
(2) an assessment of the legal and constitutional implications
of such structure;
(3) the privacy safeguards contained in the reporting
requirements, including the training, qualifications, recruitment
and screening of all Federal and non-Federal personnel implementing
this Act; and
(4) information relating to the aggregate number of incidents
reported under section 2258A(b) of title 18, United States Code, to
Federal and State law enforcement agencies based on the reporting
requirements under this Act and the aggregate number of times that
elements are provided to communication service providers under
section 2258C of such title.
(b) GAO Audit and Report on Efficiency and Effectiveness.--Not
later than 2 years after the date of enactment of this Act, the
Comptroller General shall conduct an audit and submit a report to the
Committee on the Judiciary of the Senate and to the Committee on the
Judiciary of the House of Representatives on--
(1) the efforts, activities, and actions of the CyberTipline of
the National Center for Missing and Exploited Children, or any
successor to the CyberTipline, and the Attorney General in
achieving the goals and purposes of this Act, as well as in
carrying out any responsibilities or duties assigned to each such
individual or agency under this Act;
(2) any legislative, administrative, or regulatory changes that
the Comptroller General recommends be taken by or on behalf of the
Attorney General to better achieve such goals and purposes, and to
more effectively carry out such responsibilities and duties;
(3) the effectiveness of any actions taken and efforts made by
the CyberTipline of the National Center for Missing and Exploited
Children, or any successor to the CyberTipline and the Attorney
General to--
(A) minimize duplicating the efforts, materials,
facilities, and procedures of any other Federal agency
responsible for the enforcement, investigation, or prosecution
of child pornography crimes; and
(B) enhance the efficiency and consistency with which
Federal funds and resources are expended to enforce,
investigate, or prosecute child pornography crimes, including
the use of existing personnel, materials, technologies, and
facilities; and
(4) any actions or efforts that the Comptroller General
recommends be taken by the Attorney General to reduce duplication
of efforts and increase the efficiency and consistency with which
Federal funds and resources are expended to enforce, investigate,
or prosecute child pornography crimes.
SEC. 503. SEVERABILITY.
If any provision of this title or amendment made by this title is
held to be unconstitutional, the remainder of the provisions of this
title or amendments made by this title--
(1) shall remain in full force and effect; and
(2) shall not be affected by the holding.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.