[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1738 Engrossed in Senate (ES)]
110th CONGRESS
2d Session
S. 1738
_______________________________________________________________________
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.
Passed the Senate September 25 (legislative day, September
17), 2008.
Attest:
Secretary.
110th CONGRESS
2d Session
S. 1738
_______________________________________________________________________
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.