[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1738 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 1738
To establish a Special Counsel for Child Exploitation Prevention and
Interdiction within the Office of the Deputy Attorney General, 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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 28, 2007
Mr. Biden (for himself and Mrs. Boxer) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a Special Counsel for Child Exploitation Prevention and
Interdiction within the Office of the Deputy Attorney General, 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 ``Combating Child
Exploitation Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--SPECIAL COUNSEL FOR CHILD EXPLOITATION PREVENTION AND
INTERDICTION
Sec. 101. Establishment of Special Counsel for Child Exploitation
Prevention and Interdiction.
Sec. 102. Establishment of ICAC Task Force Program.
Sec. 103. Purpose of ICAC Task Forces.
Sec. 104. Duties and functions of Task Forces.
Sec. 105. National ICAC Data Network Center.
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.
Sec. 202. Enhanced authority to investigate Internet crimes against
children.
Sec. 203. Additional field agents for the FBI.
Sec. 204. Immigrations and customs enforcement enhancement.
Sec. 205. Combating trafficking via the United States Postal Service.
Sec. 206. Accountability provisions for child exploitation prevention
and interdiction.
Sec. 207. Truth in sentencing report.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Internet has facilitated the growth of a multi-
billion dollar global market for images and video of children
being sexually-displayed, raped, and tortured, far exceeding
law enforcement's capacity to respond at the Federal, State,
and local level.
(2) The explosion of child pornography trafficking is
claiming very young victims. Research by the Department of
Justice, the University of New Hampshire, and the National
Center for Missing and Exploited Children indicates that among
those arrested for possession of child pornography, 83 percent
have images of children 6-12 years old, 39 percent have images
of children 3-5 years old, and 19 percent have images of
children under the age of 3 years old.
(3) The images and videos being trafficked typically depict
sexual assaults that are both graphic and brutal. The same
research indicates that 80 percent of known child pornography
possessors have images of children being sexually penetrated
and 21 percent have images depicting children bound, gagged,
blindfolded, or ``otherwise enduring sadistic sex.'' Just 1
percent restricted their collecting to images of simple child
nudity.
(4) Millions of American children and teens are at risk
from sexual predators who are hunting, stalking, and luring
minors online. Along with the incredible access to the world
offered our children by the Internet, the Internet also offers
the world access to our children.
(5) The Internet Crimes Against Children Task Force program
(``ICAC Program'') of the Department of Justice has identified
millions of child pornography transactions involving images and
video of child sexual assault from millions of computer IP
addresses worldwide.
(6) The ICAC Program has been highly successful in creating
and sustaining an emerging national network of 46 Federal,
State, and local task forces, which form the backbone of
America's national readiness to combat child exploitation.
(7) In testimony before Congress, law enforcement experts
have expressed consensus that lack of dedicated forensic
analysis capacity is a severe problem at the Federal, State,
and local level, severely limiting the number of predators that
can be interdicted and children that can be identified and
rescued.
(8) The Federal Bureau of Investigation, the Department of
Immigrations and Customs Enforcement, and the United States
Postal Inspection Service have each developed highly
specialized and successful child exploitation investigative
capabilities, yet these agencies have testified to Congress
that they must triage the overwhelming number of child
exploitation crimes and cannot investigate a large percentage
of known crimes.
(9) Child pornography and online child enticement crimes
have among the highest conviction rates of any child sexual
offense, and the Department of Justice funded research
indicates that the majority of child pornography offenders have
committed or attempted direct sexual contact offenses against
children. Investigating and prosecuting these predators is thus
one of the most concrete and measurable strategies for the
prevention of future child sexual abuse.
SEC. 3. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Child exploitation.--The term ``child exploitation''
means any conduct, or an attempt or conspiracy to commit such
conduct, constituting criminal sexual abuse of a minor, sexual
exploitation of a minor, abusive sexual contact of a minor,
sexually explicit conduct with a minor, or any similar offense
under Federal or State law.
(2) Minor.--The term ``minor'' means any person under the
age of 18 years.
(3) Sexually explicit conduct.--The term ``sexually
explicit conduct'' has the meaning as in section 2256 of title
18, United States Code.
TITLE I--SPECIAL COUNSEL FOR CHILD EXPLOITATION PREVENTION AND
INTERDICTION
SEC. 101. ESTABLISHMENT OF SPECIAL COUNSEL FOR CHILD EXPLOITATION
PREVENTION AND INTERDICTION.
(a) In General.--The Attorney General shall appoint a Special
Counsel for Child Exploitation Prevention and Interdiction within the
Office of the Deputy Attorney General.
(b) Duties of the Special Counsel.--The Special Counsel appointed
under subsection (a) shall have the following duties:
(1) Coordinating the policies and strategies of the
Department of Justice related to the prevention and
investigation of child exploitation cases, including the
policies and strategies of 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, and any other agency or bureau of the Department
of Justice whose activities relate to child exploitation cases.
(2) Pursuing memorandums of understanding or other
interagency agreements related to the prevention,
investigation, and apprehension of individuals exploiting
children, including seeking cooperation and collaboration
with--
(A) the Bureau of Immigration and Customs
Enforcement;
(B) the Department of State;
(C) the Department of Commerce;
(D) the Department of Education; and
(E) other Federal agencies.
(3) Directing and overseeing the ICAC Task Force Program
established under section 102.
(4) Directing and overseeing the National Internet Crimes
Against Children Data Network Center established under section
105.
(5) Directing and overseeing the ICAC grant program
established under section 106.
(6) Coordinating technical assistance to Federal, State,
local, and tribal law enforcement agencies in the prevention,
investigation, and prosecution of child exploitation crimes.
(7) Coordinating training to Federal, State, local, and
tribal law enforcement agencies in the prevention,
investigation, and prosecution of child exploitation crimes.
(8) Coordinating training and technical assistance to
Federal, State, local, and tribal on forensic computer
examination and analysis.
(9) Directing and overseeing programs for child
exploitation prevention and education, including programs
related to Internet safety.
(10) Maintaining liaison with the judicial branches of the
Federal and State Governments on matters relating to child
exploitation.
(11) Providing information to the President, the Congress,
the judiciary, State, local, and tribal governments, and the
general public on matters relating to child exploitation.
(12) Serving, at the request of the Attorney General, as
the representative of the Department of Justice on domestic
task forces, committees, or commissions addressing policy or
issues relating to child exploitation.
(13) Serving, at the request of the President, acting
through the Attorney General, as the representative of the
United States Government on human rights and economic justice
matters related to child exploitation in international fora,
including the United Nations.
(14) Providing technical assistance, coordination, and
support to--
(A) other components of the Department of Justice,
in efforts to develop policy and to enforce Federal
laws relating to child exploitation cases, including
the litigation of civil and criminal actions relating
to enforcing such laws;
(B) other Federal, State, local, and tribal
agencies, in efforts to develop policy, provide
technical assistance, and improve coordination among
agencies carrying out efforts to eliminate child
exploitation; and
(C) grantees, in efforts to combat child
exploitation and to provide support and assistance to
victims of such exploitation.
SEC. 102. ESTABLISHMENT OF ICAC TASK FORCE PROGRAM.
(a) Establishment.--There is established within the Office of
Justice Programs in the Department of Justice, under the general
authority of the Attorney General, an Internet Crimes Against Children
Task Force (hereinafter in this title referred to as the ``ICAC Task
Force''), 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.
(b) National Program.--The national ICAC Task Force program
required under subsection (a) shall consist of at least 1 ICAC task
force in each State.
SEC. 103. PURPOSE OF ICAC TASK FORCES.
The ICAC Task Force, and each State or local ICAC task force that
is part of the national program of task forces shall be dedicated
towards--
(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 prosecuted in both Federal and State
courts;
(5) creating a multiagency task force response to Internet
crimes against children offenses within each State;
(6) 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;
(7) developing and delivering Internet crimes against
children public awareness and prevention programs; and
(8) 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 full-time to address the goals of such task force;
(2) work consistently towards 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) fully participate in any nationally coordinated
investigation, as requested by the Attorney General;
(7) establish investigative and prosecution standards,
consistent with established norms, to which that task force
shall comply;
(8) investigate, and seek prosecution on, tips related to
Internet crimes against children, including tips from other law
enforcement agencies, ICAC task forces, the National Center for
Missing and Exploited Children, and other Federal, State, and
local agencies;
(9) develop procedures for handling seized evidence;
(10) maintain such reports and records as are required
under this title; 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 ICAC DATA NETWORK CENTER.
(a) In General.--The Attorney General shall establish a National
Internet Crimes Against Children Data Network Center.
(b) Purpose of Center.--The National Internet Crimes Against
Children Data Network Center established under subsection (a) shall be
dedicated to assisting--
(1) the ICAC Task Force Program established under this
title; and
(2) Federal, State, local, and tribal agencies
investigating and prosecuting child exploitation.
(c) Mandatory Requirements for Center.--The National Internet
Crimes Against Children Data Network Center established under
subsection (a) shall develop and maintain an integrated technology and
training program that provides--
(1) a secure, online information-sharing and case
management system for use by ICAC Task Forces, Federal law
enforcement agencies, and other State and local law enforcement
agencies;
(2) a secure, online system for resolving case conflicts,
for use by ICAC Task Forces, Federal law enforcement agencies,
and other State and local law enforcement agencies;
(3) a secure intelligence data storage and analysis system
for use by ICAC Task Forces, Federal law enforcement agencies,
and other State and local law enforcement agencies;
(4) guidelines for the use of such Data Network by Federal,
State, and local law enforcement agencies; and
(5) training and technical assistance on the use of such
Data Network by Federal, State, and local law enforcement
agencies.
(d) Authorization of Appropriations.--There are authorized to be
appropriated for each of the fiscal years 2008 through 2015, $2,000,000
to carry out the provisions of this section, including for--
(1) the establishment of the National Internet Crimes
Against Children Data Network Center; and
(2) the costs of operating and maintaining such Center.
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.--
(A) Attorney general to develop.--At least 75
percent of the total funds appropriated for grants
under paragraph (1) shall be awarded or otherwise
distributed pursuant to a funding formula established
by the Attorney General.
(B) Baseline amount.--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 1 percent of the total funds
appropriated for grants under paragraph (1);
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 generated by the integrated
technology system of each ICAC Task
Force.
(III) The number of Internet crimes
against children criminal cases
referred by a task force for Federal,
State, or local prosecution.
(IV) The number of successful
prosecutions of child exploitation
cases by a task force.
(V) Such other criteria as the
Attorney General determines
demonstrates the level of need for
additional resources by a task force.
(C) Remaining funds.--
(i) In general.--The funds remaining for
grants under this section after allocation of
the baseline amounts under subparagraph (B)
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:
(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 generated by the integrated
technology system of each ICAC Task
Force.
(III) The number of Internet crimes
against children criminal cases
referred by a task force for Federal,
State, or local prosecution.
(IV) The number of successful
prosecutions of child exploitation
cases by a task force.
(V) Such other criteria as the
Attorney General determines
demonstrates the level of need for
additional resources by a task force.
(ii) Matching requirement.--To be eligible
to receive any remaining grant funds under this
subparagraph, 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 total amount of the grant.
(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 Internet crimes against
children related arrests;
(ii) 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) The number of investigative technical
assistance sessions that the task force provided to
non-member law enforcement agencies.
(E) The number of computer forensic examinations
that the task force completed.
(F) 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 Forces established under this title; 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 2008;
(2) $75,000,000 for fiscal year 2009;
(3) $75,000,000 for fiscal year 2010;
(4) $75,000,000 for fiscal year 2011;
(5) $75,000,000 for fiscal year 2012;
(6) $75,000,000 for fiscal year 2013;
(7) $100,000,000 for fiscal year 2014; and
(8) $100,000,000 for fiscal year 2015.
(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 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 establish new
regional computer forensic laboratories within the Regional Computer
Forensic Laboratories Program operated by the Federal Bureau of
Investigation or may increase capacity at existing laboratories.
(b) New Computer Forensic Labs.--If the Attorney General determines
that new regional computer forensic laboratories are needed under
subsection (a) to address existing backlogs, such new laboratories
shall be established pursuant to subsection (d).
(c) Purpose of New Resources.--The additional forensic capacity
established by the resources provided under this section shall
prioritize its activities 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.
(d) Purpose of New Additional Capacity.--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 2008 through 2015, $7,00,000 to carry out
the provisions of this section.
SEC. 202. ENHANCED AUTHORITY TO INVESTIGATE INTERNET CRIMES AGAINST
CHILDREN.
Section 2516(2) of title 18, United States Code, is amended by
inserting ``or crimes against children, including child exploitation,
child obscenity, or other crimes dangerous to the life, limb, and well-
being of minor children,'' after ``other dangerous drugs,''.
SEC. 203. ADDITIONAL FIELD AGENTS FOR THE FBI.
(a) In General.--There are authorized to be appropriated to the
Attorney General $20,000,000, for each of the fiscal years 2008 through
2009, and $25,000,000 for each of fiscal years 2010 through 2015, to
fund the hiring of full-time Federal Bureau of Investigation field
agents and associated analysts and support staff in addition to the
number of such employees serving in those capacities on the date of
enactment of this Act.
(b) Sole Purpose.--The sole purpose of the additional staff
required to be hired under subsection (a) is to work on child
exploitation cases as part of the Federal Bureau of Investigation's
Innocent Images National Initiative.
SEC. 204. IMMIGRATIONS AND CUSTOMS ENFORCEMENT ENHANCEMENT.
(a) Additional Agents.--There are authorized to be appropriated to
the Secretary of Homeland Security $15,000,000, for each of the fiscal
years 2008 through 2015, to fund the hiring of full-time agents and
associated analysts and support staff within the Bureau of Immigration
and Customs Enforcement in addition to the number of such employees
serving in those capacities on the date of enactment of this Act.
(b) Sole Purpose.--The sole purpose of the additional staff
required to be hired under subsection (a) is to work on child
exploitation and child obscenity cases.
SEC. 205. COMBATING TRAFFICKING VIA THE UNITED STATES POSTAL SERVICE.
(a) In General.--There are authorized to be appropriated to the
Postmaster General $5,000,000, for each of the fiscal years 2008
through 2015, to fund the hiring of full-time agents and associated
analysts and support staff in addition to the number of such employees
serving in those capacities on the date of enactment of this Act.
(b) Sole Purpose.--The sole purpose of the additional staff
required to be hired under subsection (a) is to work on child
exploitation and child obscenity cases.
SEC. 206. ACCOUNTABILITY PROVISIONS FOR CHILD EXPLOITATION PREVENTION
AND INTERDICTION.
The Attorney General, in consultation with the Secretary of
Homeland Security and the Postmaster General, shall report to the
Committees on the Judiciary of the Senate and House of Representatives
and any other relevant committee of jurisdiction, on an annual basis,
on the resources (agents, forensic labs, prosecutors, etc.) being
utilized by such agencies to investigate and prosecute child
exploitation and child obscenity cases, including the resources
established under this title, the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248; 120 Stat. 587), and any other
law related to combating child exploitation and child obscenity.
SEC. 207. TRUTH IN SENTENCING REPORT.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a study and
report to Congress on the efforts to combat child exploitation at the
Federal, State, and local level, including an examination of the
average sentences for child sex offenders and the length of time served
for each individual child sex offender.
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