[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1738 Reported in Senate (RS)]
Calendar No. 862
110th CONGRESS
2d 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, Mrs. Boxer, Mr. Durbin, Mr. Bayh, Mrs. Lincoln,
Mr. Hatch, Ms. Mikulski, Mr. Obama, Mr. Schumer, Mrs. Clinton, Mr.
Dorgan, Ms. Murkowski, Mr. Johnson, Mr. Stevens, Mr. Lautenberg, Mr.
Brown, and Mrs. Hutchison) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
July 7, 2008
Reported by Mr. Leahy, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Combating
Child Exploitation Act of 2007''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Definitions.
<DELETED>TITLE I--SPECIAL COUNSEL FOR CHILD EXPLOITATION PREVENTION AND
INTERDICTION
<DELETED>Sec. 101. Establishment of Special Counsel for Child
Exploitation Prevention and Interdiction.
<DELETED>Sec. 102. Establishment of ICAC Task Force Program.
<DELETED>Sec. 103. Purpose of ICAC Task Forces.
<DELETED>Sec. 104. Duties and functions of Task Forces.
<DELETED>Sec. 105. National ICAC Data Network Center.
<DELETED>Sec. 106. ICAC grant program.
<DELETED>Sec. 107. Authorization of appropriations.
<DELETED>TITLE II--ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION
<DELETED>Sec. 201. Additional regional computer forensic labs.
<DELETED>Sec. 202. Enhanced authority to investigate Internet crimes
against children.
<DELETED>Sec. 203. Additional field agents for the FBI.
<DELETED>Sec. 204. Immigrations and customs enforcement enhancement.
<DELETED>Sec. 205. Combating trafficking via the United States Postal
Service.
<DELETED>Sec. 206. Accountability provisions for child exploitation
prevention and interdiction.
<DELETED>Sec. 207. Truth in sentencing report.
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds the following:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act, the following definitions shall
apply:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Minor.--The term ``minor'' means any person
under the age of 18 years.</DELETED>
<DELETED> (3) Sexually explicit conduct.--The term
``sexually explicit conduct'' has the meaning as in section
2256 of title 18, United States Code.</DELETED>
<DELETED>TITLE I--SPECIAL COUNSEL FOR CHILD EXPLOITATION PREVENTION AND
INTERDICTION</DELETED>
<DELETED>SEC. 101. ESTABLISHMENT OF SPECIAL COUNSEL FOR CHILD
EXPLOITATION PREVENTION AND INTERDICTION.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Duties of the Special Counsel.--The Special Counsel
appointed under subsection (a) shall have the following
duties:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the Bureau of Immigration and Customs
Enforcement;</DELETED>
<DELETED> (B) the Department of State;</DELETED>
<DELETED> (C) the Department of Commerce;</DELETED>
<DELETED> (D) the Department of Education;
and</DELETED>
<DELETED> (E) other Federal agencies.</DELETED>
<DELETED> (3) Directing and overseeing the ICAC Task Force
Program established under section 102.</DELETED>
<DELETED> (4) Directing and overseeing the National Internet
Crimes Against Children Data Network Center established under
section 105.</DELETED>
<DELETED> (5) Directing and overseeing the ICAC grant
program established under section 106.</DELETED>
<DELETED> (6) Coordinating technical assistance to Federal,
State, local, and tribal law enforcement agencies in the
prevention, investigation, and prosecution of child
exploitation crimes.</DELETED>
<DELETED> (7) Coordinating training to Federal, State,
local, and tribal law enforcement agencies in the prevention,
investigation, and prosecution of child exploitation
crimes.</DELETED>
<DELETED> (8) Coordinating training and technical assistance
to Federal, State, local, and tribal on forensic computer
examination and analysis.</DELETED>
<DELETED> (9) Directing and overseeing programs for child
exploitation prevention and education, including programs
related to Internet safety.</DELETED>
<DELETED> (10) Maintaining liaison with the judicial
branches of the Federal and State Governments on matters
relating to child exploitation.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (14) Providing technical assistance, coordination,
and support to--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) grantees, in efforts to combat child
exploitation and to provide support and assistance to
victims of such exploitation.</DELETED>
<DELETED>SEC. 102. ESTABLISHMENT OF ICAC TASK FORCE PROGRAM.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 103. PURPOSE OF ICAC TASK FORCES.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) conducting proactive and reactive Internet
crimes against children investigations;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (4) increasing the number of Internet crimes
against children offenses being prosecuted in both Federal and
State courts;</DELETED>
<DELETED> (5) creating a multiagency task force response to
Internet crimes against children offenses within each
State;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (7) developing and delivering Internet crimes
against children public awareness and prevention programs;
and</DELETED>
<DELETED> (8) participating in such other activities, both
proactive and reactive, that will enhance investigations and
prosecutions of Internet crimes against children.</DELETED>
<DELETED>SEC. 104. DUTIES AND FUNCTIONS OF TASK FORCES.</DELETED>
<DELETED> Each State or local ICAC task force that is part of the
national program of task forces shall--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) work consistently towards achieving the
purposes described in section 103;</DELETED>
<DELETED> (3) engage in proactive investigations, forensic
examinations, and effective prosecutions of Internet crimes
against children;</DELETED>
<DELETED> (4) provide forensic, preventive, and
investigative assistance to parents, educators, prosecutors,
law enforcement, and others concerned with Internet crimes
against children;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (6) fully participate in any nationally
coordinated investigation, as requested by the Attorney
General;</DELETED>
<DELETED> (7) establish investigative and prosecution
standards, consistent with established norms, to which that
task force shall comply;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (9) develop procedures for handling seized
evidence;</DELETED>
<DELETED> (10) maintain such reports and records as are
required under this title; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 105. NATIONAL ICAC DATA NETWORK CENTER.</DELETED>
<DELETED> (a) In General.--The Attorney General shall establish a
National Internet Crimes Against Children Data Network
Center.</DELETED>
<DELETED> (b) Purpose of Center.--The National Internet Crimes
Against Children Data Network Center established under subsection (a)
shall be dedicated to assisting--</DELETED>
<DELETED> (1) the ICAC Task Force Program established under
this title; and</DELETED>
<DELETED> (2) Federal, State, local, and tribal agencies
investigating and prosecuting child exploitation.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (4) guidelines for the use of such Data Network by
Federal, State, and local law enforcement agencies;
and</DELETED>
<DELETED> (5) training and technical assistance on the use
of such Data Network by Federal, State, and local law
enforcement agencies.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (1) the establishment of the National Internet
Crimes Against Children Data Network Center; and</DELETED>
<DELETED> (2) the costs of operating and maintaining such
Center.</DELETED>
<DELETED>SEC. 106. ICAC GRANT PROGRAM.</DELETED>
<DELETED> (a) Establishment.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Formula.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Baseline amount.--Any formula
established by the Attorney General under subparagraph
(A), shall--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) take into consideration the
following factors:</DELETED>
<DELETED> (I) The population of each
State, as determined by the most recent
decennial census performed by the
Bureau of the Census.</DELETED>
<DELETED> (II) The number of
investigative leads generated by the
integrated technology system of each
ICAC Task Force.</DELETED>
<DELETED> (III) The number of
Internet crimes against children
criminal cases referred by a task force
for Federal, State, or local
prosecution.</DELETED>
<DELETED> (IV) The number of
successful prosecutions of child
exploitation cases by a task
force.</DELETED>
<DELETED> (V) Such other criteria as
the Attorney General determines
demonstrates the level of need for
additional resources by a task
force.</DELETED>
<DELETED> (C) Remaining funds.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (I) The population of each
State, as determined by the most recent
decennial census performed by the
Bureau of the Census.</DELETED>
<DELETED> (II) The number of
investigative leads generated by the
integrated technology system of each
ICAC Task Force.</DELETED>
<DELETED> (III) The number of
Internet crimes against children
criminal cases referred by a task force
for Federal, State, or local
prosecution.</DELETED>
<DELETED> (IV) The number of
successful prosecutions of child
exploitation cases by a task
force.</DELETED>
<DELETED> (V) Such other criteria as
the Attorney General determines
demonstrates the level of need for
additional resources by a task
force.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Application.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Contents.--Each application submitted pursuant
to paragraph (1) shall--</DELETED>
<DELETED> (A) describe the activities for which
assistance under this section is sought; and</DELETED>
<DELETED> (B) provide such additional assurances as
the Attorney General determines to be essential to
ensure compliance with the requirements of this
title.</DELETED>
<DELETED> (c) Allowable Uses.--Grants awarded under this section may
be used to--</DELETED>
<DELETED> (1) hire personnel, investigators, prosecutors,
education specialists, and forensic specialists;</DELETED>
<DELETED> (2) establish and support forensic laboratories
utilized in Internet crimes against children
investigations;</DELETED>
<DELETED> (3) support investigations and prosecutions of
Internet crimes against children;</DELETED>
<DELETED> (4) conduct and assist with education programs to
help children and parents protect themselves from Internet
predators;</DELETED>
<DELETED> (5) conduct and attend training sessions related
to successful investigations and prosecutions of Internet
crimes against children; and</DELETED>
<DELETED> (6) fund any other activities directly related to
preventing, investigating, or prosecuting Internet crimes
against children.</DELETED>
<DELETED> (d) Reporting Requirements.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Investigation and prosecution
performance measures of the task force, including--
</DELETED>
<DELETED> (i) the number of Internet crimes
against children related arrests;</DELETED>
<DELETED> (ii) the number of prosecutions
for Internet crimes against children,
including--</DELETED>
<DELETED> (I) whether the
prosecution resulted in a conviction
for such crime; and</DELETED>
<DELETED> (II) the sentence and the
statutory maximum for such crime under
State law.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (D) The number of investigative technical
assistance sessions that the task force provided to
non-member law enforcement agencies.</DELETED>
<DELETED> (E) The number of computer forensic
examinations that the task force completed.</DELETED>
<DELETED> (F) The number of law enforcement agencies
participating in Internet crimes against children
program standards established by the task
force.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the progress of the development of the
ICAC Task Forces established under this title;
and</DELETED>
<DELETED> (B) the number of Federal and State
investigations, prosecutions, and convictions in the
prior 12-month period related to child
exploitation.</DELETED>
<DELETED>SEC. 107. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> (a) In General.--There are authorized to be appropriated
to carry out this title--</DELETED>
<DELETED> (1) $60,000,000 for fiscal year 2008;</DELETED>
<DELETED> (2) $75,000,000 for fiscal year 2009;</DELETED>
<DELETED> (3) $75,000,000 for fiscal year 2010;</DELETED>
<DELETED> (4) $75,000,000 for fiscal year 2011;</DELETED>
<DELETED> (5) $75,000,000 for fiscal year 2012;</DELETED>
<DELETED> (6) $75,000,000 for fiscal year 2013;</DELETED>
<DELETED> (7) $100,000,000 for fiscal year 2014;
and</DELETED>
<DELETED> (8) $100,000,000 for fiscal year 2015.</DELETED>
<DELETED> (b) Availability.--Funds appropriated under subsection (a)
shall remain available until expended.</DELETED>
<DELETED>TITLE II--ADDITIONAL MEASURES TO COMBAT CHILD
EXPLOITATION</DELETED>
<DELETED>SEC. 201. ADDITIONAL REGIONAL COMPUTER FORENSIC
LABS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 202. ENHANCED AUTHORITY TO INVESTIGATE INTERNET CRIMES
AGAINST CHILDREN.</DELETED>
<DELETED> 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,''.</DELETED>
<DELETED>SEC. 203. ADDITIONAL FIELD AGENTS FOR THE FBI.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 204. IMMIGRATIONS AND CUSTOMS ENFORCEMENT
ENHANCEMENT.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 205. COMBATING TRAFFICKING VIA THE UNITED STATES POSTAL
SERVICE.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 206. ACCOUNTABILITY PROVISIONS FOR CHILD EXPLOITATION
PREVENTION AND INTERDICTION.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 207. TRUTH IN SENTENCING REPORT.</DELETED>
<DELETED> 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.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Combating Child
Exploitation 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.
Sec. 202. Additional field agents for the FBI.
Sec. 203. Immigration and customs enforcement enhancement.
Sec. 204. Combating child exploitation via the United States Postal
Service.
TITLE III--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION
Sec. 301. Effective child pornography prosecution.
Sec. 302. Prohibit the broadcast of live images of child abuse.
Sec. 303. Amendment to section 2256 of title 18, United States Code.
Sec. 304. Amendment to section 2260 of title 18, United States Code.
Sec. 305. Prohibiting the alteration of an image of a real child to
create an image of sexually explicit
conduct.
Sec. 306. Referrals to authorized foreign law enforcement agencies.
TITLE IV--NATIONAL INSTITUTE OF JUSTICE STUDY OF RISK FACTORS
Sec. 401. NIJ Study of Risk Factors for Assessing Dangerousness.
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 February 1 of each year, 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) 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 CybertTipline 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) presenting 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.
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 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 a National
Internet Crimes Against Children Data System.
(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; and
(3) State, local, and tribal agencies investigating and
prosecuting child exploitation.
(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 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) $75,000,000 for fiscal year 2010;
(3) $75,000,000 for fiscal year 2011;
(4) $75,000,000 for fiscal year 2012;
(5) $75,000,000 for fiscal year 2013;
(6) $75,000,000 for fiscal year 2014;
(7) $100,000,000 for fiscal year 2015; and
(8) $100,000,000 for fiscal year 2016.
(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 2016, $7,000,000 to carry
out the provisions of this section.
SEC. 202. ADDITIONAL FIELD AGENTS FOR THE FBI.
(a) In General.--There are authorized to be appropriated to the
Attorney General $30,000,000 for each of the fiscal years 2009 through
2016 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. 203. IMMIGRATION 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 2009 through 2016, 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. 204. COMBATING CHILD EXPLOITATION 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 2009
through 2016, to fund the hiring of full-time postal inspectors and
associated analysts and support staff in addition to the number of such
employees serving in those capacities on the date of the 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 and may be used to support the
Deliver Me Home program developed by the United States Postal Service.
TITLE III--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION
SEC. 301. EFFECTIVE CHILD PORNOGRAPHY PROSECUTION.
(a) Sexual Exploitation of Children.--Section 2251 of title 18,
United States Code, is amended--
(1) in subsection (a), by striking ``knows or has reason to
know'' and all that follows through the period at the end, and
inserting ``transported in or affecting interstate or foreign
commerce or using a facility or means of interstate or foreign
commerce or mailed, if such visual depiction was produced using
materials that have been mailed, shipped, or transported in
interstate or foreign commerce by any means, including by
computer, or if such visual depiction has actually been
transported in or affecting interstate or foreign commerce or
using a facility or means of interstate or foreign commerce or
mailed.'';
(2) in subsection (b), by striking ``knows or has reason to
know'' and all that follows through the period at the end, and
inserting ``transported in or affecting interstate or foreign
commerce or using a facility or means of interstate or foreign
commerce or mailed, if such visual depiction was produced using
materials that have been mailed, shipped, or transported in
interstate or foreign commerce by any means, including by
computer, or if such visual depiction has actually been
transported in or affecting interstate or foreign commerce or
using a facility or means of interstate or foreign commerce or
mailed.'';
(3) in subsection (c)(2)--
(A) in subparagraph (A), by striking ``computer''
and inserting ``using a facility or means of interstate
or foreign commerce''; and
(B) in subparagraph (B), by striking ``computer''
and inserting ``using a facility or means of interstate
or foreign commerce''; and
(4) in subsection (d)(2)--
(A) in subparagraph (A), by striking ``transported
in interstate'' and all that follows through
``computer'' and inserting ``transported in or
affecting interstate or foreign commerce or using a
facility or means of interstate or foreign commerce,'';
and
(B) in subparagraph (B), by striking ``transported
in interstate'' and all that follows through
``computer'' and inserting ``transported in or
affecting interstate or foreign commerce or using a
facility or means of interstate or foreign commerce,''.
(b) Selling or Buying of Children.--Subsection (c)(2) of section
2251A of title 18, United States Code, is amended by striking ``in
interstate or foreign'' and all that follows through ``computer or''
and inserting ``in or affecting interstate or foreign commerce or using
a facility or means of interstate or foreign commerce, or by''.
(c) Material Involving the Sexual Exploitation of Minors.--
Subsection (a) of section 2252 of title 18, United States Code, is
amended--
(1) in paragraph (1), by striking ``in interstate or
foreign'' and all that follows through ``computer'' and
inserting ``in or affecting interstate or foreign commerce or
using a facility or means of interstate or foreign commerce'';
(2) in paragraph (2)--
(A) by striking ``has been shipped or transported
in interstate or foreign commerce'' and inserting ``has
been shipped or transported in or affecting interstate
or foreign commerce or using a facility or means of
interstate or foreign commerce''; and
(B) by striking ``distribution in interstate or
foreign commerce'' and inserting ``distribution in or
affecting interstate or foreign commerce or using a
facility or means of interstate or foreign commerce'';
(3) in paragraph (3)(B), by striking ``has been shipped or
transported in interstate or foreign commerce'' and inserting
``has been shipped or transported in or affecting interstate or
foreign commerce or using a facility or means of interstate or
foreign commerce''; and
(4) in paragraph (4)(B), by striking ``has been shipped or
transported in interstate or foreign commerce'' and inserting
``has been shipped or transported in or affecting interstate or
foreign commerce or using a facility or means of interstate or
foreign commerce''.
(d) Material Constituting or Containing Child Pornography.--
Subsection (a) of section 2252A of title 18, United States Code, is
amended--
(1) by striking ``in interstate or foreign commerce by any
means, including by computer'' each place that term appears and
inserting ``in or affecting interstate or foreign commerce or
using a facility or means of interstate or foreign commerce'';
and
(2) in paragraph (6)(C), by striking ``or by transmitting
or causing to be transmitted any wire communication in
interstate or foreign commerce, including by computer'' and
inserting ``or a facility or means of interstate or foreign
commerce''.
(e) Obscene Visual Representations of the Sexual Abuse of
Children.--Subsection (d)(4) of section 1466A of title 18, United
States Code, is amended by striking ``has been shipped transported in
interstate or foreign commerce by any means, including by computer''
and inserting ``has been shipped or transported in or affecting
interstate or foreign commerce or using a facility or means of
interstate or foreign commerce''.
(f) Rule of Construction.--Nothing in this title, or any amendment
by this title, shall be construed to foreclose any argument or ruling
with respect to any Federal law that, for the purposes of Federal
jurisdiction, the use of a facility or means of interstate or foreign
commerce affects interstate or foreign commerce.
SEC. 302. 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. 303. 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. 304. 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. 305. PROHIBITING THE ALTERATION OF AN IMAGE OF A REAL CHILD TO
CREATE AN IMAGE OF SEXUALLY EXPLICIT CONDUCT.
(a) In General.--Subsection (a) of section 2252A of title 18,
United States Code, is amended--
(1) in paragraph (5) by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; or''; and
(3) by inserting at the end the following:
``(7) knowingly creates, alters, adapts, or modifies a
visual depiction of an identifiable minor, as defined in
section 2256(9), so that it depicts child pornography as
defined in section 2256(8), and intends to distribute or
actually distributes that visual depiction by any means, where
such person knows or has reason to know that such visual
depiction will be transported in or affecting interstate or
foreign commerce or using a facility or means of interstate or
foreign commerce or mailed, where such visual depiction has
actually been transported in or affecting interstate or foreign
commerce or using a facility or means of interstate or foreign
commerce or mailed, or where the visual depiction was produced
using materials that have been mailed, shipped, or transported
in interstate or foreign commerce by any means, including by
computer,''.
(b) Penalty.--Section 2252A(b) of title 18, United States Code, is
amended by striking ``(4), or (6)'' and inserting ``(4), (6), or (7)''.
SEC. 306. REFERRALS TO AUTHORIZED FOREIGN LAW ENFORCEMENT AGENCIES.
(a) Voluntary Reports.--A provider of electronic communication
services or remote computing services may voluntarily make a report, as
defined at section 227(b)(1) of the Victims of Child abuse Act of 1990
(42 U.S.C. 13032(b)(1)), directly to a representative of a foreign law
enforcement agency--
(1) of a foreign state that is a signatory to a Mutual
Legal Assistance Treaty with the United States that has been
ratified by the United States Senate and has come into force;
and
(2) that has certified in writing that the request is made
for the purpose of investigating, or engaging in enforcement
proceedings related to, possible violations of foreign laws
related to child pornography and child exploitation similar to
practices prohibited by sections 2251, 2251A, 2252, 2252A,
2252B, or 2260 of title 18, United States Code, involving child
pornography (as defined in section 2256 of that title), or
1466A of that title.
(b) Reports to Foreign Law Enforcement.--Reports to foreign law
enforcement may only be transmitted to the Central Authority designated
in the foreign country's Mutual Legal Assistance Treaty with the United
States and may only be transmitted via mail or fax, or via electronic
mail to a government-owned e-mail domain.
(c) Reports to NCMEC.--Nothing in this section shall be construed
to relieve providers of electronic communication services or remote
computing services of their obligations under section 227(b)(1) of the
Victims of Child abuse Act of 1990 (42 U.S.C. 13032(b)(1)) to make
reports to the National Center for Missing and Exploited Children.
(d) Limitation on Liability.--
(1) In general.--Except as provided in paragraph (2), a
provider of electronic communication services or remote
computing services, or any of its directors, officers,
employees, or agents, is not liable in any civil or criminal
action arising from the performance of the reporting activities
described in subsection (a).
(2) Intentional, reckless, or other misconduct.--Paragraph
(1) does not apply in an action in which a party proves that
the provider of electronic communication services or remote
computing services, or its officer, employee, or agent as the
case may be, engaged in intentional misconduct or acted with
actual malice, or with reckless disregard to a substantial risk
of causing injury without legal justification.
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 higher
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 $1,000,000 to the National Institute of Justice to conduct
the study required under this section.
Calendar No. 862
110th CONGRESS
2d Session
S. 1738
_______________________________________________________________________
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.
_______________________________________________________________________
July 7, 2008
Reported with an amendment