[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3344 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 906
110th CONGRESS
  2d Session
                                S. 3344

  To defend against child exploitation and child pornography through 
  improved Internet Crimes Against Children task forces and enhanced 
tools to block illegal images, and to eliminate the unwarranted release 
                      of convicted sex offenders.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2008

Mr. Coburn introduced the following bill; which was read the first time

                             July 28, 2008

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
  To defend against child exploitation and child pornography through 
  improved Internet Crimes Against Children task forces and enhanced 
tools to block illegal images, and to eliminate the unwarranted release 
                      of convicted sex offenders.

    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 ``Protecting 
Children from Pornography and Internet 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.
               TITLE I--PROTECT OUR CHILDREN ACT OF 2008

Sec. 101. Short title.
Sec. 102. Definitions.
  Subtitle A--National Strategy for Child Exploitation Prevention and 
                              Interdiction

Sec. 111. Establishment of National Strategy for Child Exploitation 
                            Prevention and Interdiction.
Sec. 112. Establishment of National ICAC Task Force Program.
Sec. 113. Purpose of ICAC task forces.
Sec. 114. Duties and functions of task forces.
Sec. 115. National Internet Crimes Against Children Data System.
Sec. 116. ICAC grant program.
Sec. 117. Authorization of appropriations.
      Subtitle B--ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION

Sec. 121. Additional regional computer forensic labs.
          Subtitle C--Effective Child Pornography Prosecution

Sec. 131. Amendment to section 2256 of title 18, United States Code.
Sec. 132. Amendment to section 2260 of title 18, United States Code.
Sec. 133. Prohibiting the adaptation or modification of an image of an 
                            identifiable minor to produce child 
                            pornography.
    Subtitle D--National Institute of Justice Study of Risk Factors

Sec. 141. NIJ study of risk factors for assessing dangerousness.
TITLE II--ENHANCING THE EFFECTIVE PROSECUTION OF CHILD PORNOGRAPHY ACT 
                                OF 2007

Sec. 201. Short title.
Sec. 202. Money laundering predicate.
Sec. 203. Knowingly accessing child pornography with the intent to view 
                            child pornography.
        TITLE III--SECURING ADOLESCENTS FROM ONLINE EXPLOITATION

Sec. 301. Reporting requirements of electronic communication service 
                            providers and remote computing service 
                            providers.
  TITLE IV--IMPROVEMENTS TO COMMERCE CLAUSE AUTHORITIES TO ALLOW FOR 
                EFFECTIVE CHILD PORNOGRAPHY PROSECUTIONS

Sec. 401. Effective child pornography prosecution.

               TITLE I--PROTECT OUR CHILDREN ACT OF 2008

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Providing Resources, Officers, and 
Technology To Eradicate Cyber Threats to Our Children Act of 2008'' or 
the ``PROTECT Our Children Act of 2008''.

SEC. 102. DEFINITIONS.

    In this title, 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.

  Subtitle A--National Strategy for Child Exploitation Prevention and 
                              Interdiction

SEC. 111. 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) A review of the backlog of forensic analysis for child 
        exploitation cases at each FBI Regional Forensic lab and an 
        estimate of the backlog at State and local labs.
            (11) Plans for reducing the forensic backlog described in 
        paragraph (10), if any, at Federal, State and local forensic 
        labs.
            (12) A review of the Federal programs related to child 
        exploitation prevention and education, including those related 
        to Internet safety, including efforts by the private sector and 
        nonprofit entities, or any other initiatives, that have proven 
        successful in promoting child safety and Internet safety.
            (13) An assessment of the future trends, challenges, and 
        opportunities, including new technologies, that will impact 
        Federal, State, local, and tribal efforts to combat child 
        exploitation.
            (14) Plans for liaisons with the judicial branches of the 
        Federal and State governments on matters relating to child 
        exploitation.
            (15) An assessment of Federal investigative and prosecution 
        activity relating to reported incidents of child exploitation 
        crimes, which shall include a number of factors, including--
                    (A) the number of high-priority suspects 
                (identified because of the volume of suspected criminal 
                activity or because of the danger to the community or a 
                potential victim) who were investigated and prosecuted;
                    (B) the number of investigations, arrests, 
                prosecutions and convictions for a crime of child 
                exploitation; and
                    (C) the average sentence imposed and statutory 
                maximum for each crime of child exploitation.
            (16) A review of all available statistical data indicating 
        the overall magnitude of child pornography trafficking in the 
        United States and internationally, including--
                    (A) the number of computers or computer users, 
                foreign and domestic, observed engaging in, or 
                suspected by law enforcement agencies and other sources 
                of engaging in, peer-to-peer file sharing of child 
                pornography;
                    (B) the number of computers or computer users, 
                foreign and domestic, observed engaging in, or 
                suspected by law enforcement agencies and other 
                reporting sources of engaging in, buying and selling, 
                or other commercial activity related to child 
                pornography;
                    (C) the number of computers or computer users, 
                foreign and domestic, observed engaging in, or 
                suspected by law enforcement agencies and other sources 
                of engaging in, all other forms of activity related to 
                child pornography;
                    (D) the number of tips or other statistical data 
                from the National Center for Missing and Exploited 
                Children's CyberTipline and other data indicating the 
                magnitude of child pornography trafficking; and
                    (E) any other statistical data indicating the type, 
                nature, and extent of child exploitation crime in the 
                United States and abroad.
            (17) Copies of recent relevant research and studies related 
        to child exploitation, including--
                    (A) studies related to the link between possession 
                or trafficking of child pornography and actual abuse of 
                a child;
                    (B) studies related to establishing a link between 
                the types of files being viewed or shared and the type 
                of illegal activity; and
                    (C) any other research, studies, and available 
                information related to child exploitation.
            (18) A review of the extent of cooperation, coordination, 
        and mutual support between private sector and other entities 
        and organizations and Federal agencies, including the 
        involvement of States, local and tribal government agencies to 
        the extent Federal programs are involved.
            (19) The results of the Project Safe Childhood Conference 
        or other conferences or meetings convened by the Department of 
        Justice related to combating child exploitation
    (d) Appointment of High-Level Official.--
            (1) In general.--The Attorney General shall designate a 
        senior official at the Department of Justice to be responsible 
        for coordinating the development of the National Strategy 
        established under subsection (a).
            (2) Duties.--The duties of the official designated under 
        paragraph (1) shall include--
                    (A) acting as a liaison with all Federal agencies 
                regarding the development of the National Strategy;
                    (B) working to ensure that there is proper 
                coordination among agencies in developing the National 
                Strategy;
                    (C) being knowledgeable about budget priorities and 
                familiar with all efforts within the Department of 
                Justice and the FBI related to child exploitation 
                prevention and interdiction; and
                    (D) communicating the National Strategy to Congress 
                and being available to answer questions related to the 
                strategy at congressional hearings, if requested by 
                committees of appropriate jurisdictions, on the 
                contents of the National Strategy and progress of the 
                Department of Justice in implementing the National 
                Strategy.

SEC. 112. ESTABLISHMENT OF NATIONAL ICAC TASK FORCE PROGRAM.

    (a) Establishment.--
            (1) In general.--There is established within the Department 
        of Justice, under the general authority of the Attorney 
        General, a National Internet Crimes Against Children Task Force 
        Program (hereinafter in this title referred to as the ``ICAC 
        Task Force Program''), which shall consist of a national 
        program of State and local law enforcement task forces 
        dedicated to developing effective responses to online 
        enticement of children by sexual predators, child exploitation, 
        and child obscenity and pornography cases.
            (2) Intent of congress.--It is the purpose and intent of 
        Congress that the ICAC Task Force Program established under 
        paragraph (1) is intended to continue the ICAC Task Force 
        Program authorized under title I of the Departments of 
        Commerce, Justice, and State, the Judiciary, and Related 
        Agencies Appropriations Act, 1998, and funded under title IV of 
        the Juvenile Justice and Delinquency Prevention Act of 1974.
    (b) National Program.--
            (1) State representation.--The ICAC Task Force Program 
        established under subsection (a) shall include at least 1 ICAC 
        task force in each State.
            (2) Capacity and continuity of investigations.--In order to 
        maintain established capacity and continuity of investigations 
        and prosecutions of child exploitation cases, the Attorney 
        General, shall, in establishing the ICAC Task Force Program 
        under subsection (a) consult with and consider all 59 task 
        forces in existence on the date of enactment of this Act. The 
        Attorney General shall include all existing ICAC task forces in 
        the ICAC Task Force Program, unless the Attorney General makes 
        a determination that an existing ICAC does not have a proven 
        track record of success.
            (3) Ongoing review.--The Attorney General shall--
                    (A) conduct periodic reviews of the effectiveness 
                of each ICAC task force established under this section; 
                and
                    (B) have the discretion to establish a new task 
                force if the Attorney General determines that such 
                decision will enhance the effectiveness of combating 
                child exploitation provided that the Attorney General 
                notifies Congress in advance of any such decision and 
                that each state maintains at least 1 ICAC task force at 
                all times.
            (4) Training.--
                    (A) In general.--The Attorney General may establish 
                national training programs to support the mission of 
                the ICAC task forces, including the effective use of 
                the National Internet Crimes Against Children Data 
                System.
                    (B) Limitation.--In establishing training courses 
                under this paragraph, the Attorney General may not 
                award any one entity other than a law enforcement 
                agency more than $2,000,000 annually to establish and 
                conduct training courses for ICAC task force members 
                and other law enforcement officials.
                    (C) Review.--The Attorney General shall--
                            (i) conduct periodic reviews of the 
                        effectiveness of each training session 
                        authorized by this paragraph; and
                            (ii) consider outside reports related to 
                        the effective use of Federal funding in making 
                        future grant awards for training.

SEC. 113. 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. 114. 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 113;
            (3) engage in proactive investigations, forensic 
        examinations, and effective prosecutions of Internet crimes 
        against children;
            (4) provide forensic, preventive, and investigative 
        assistance to parents, educators, prosecutors, law enforcement, 
        and others concerned with Internet crimes against children;
            (5) develop multijurisdictional, multiagency responses and 
        partnerships to Internet crimes against children offenses 
        through ongoing informational, administrative, and 
        technological support to other State and local law enforcement 
        agencies, as a means for such agencies to acquire the necessary 
        knowledge, personnel, and specialized equipment to investigate 
        and prosecute such offenses;
            (6) participate in nationally coordinated investigations in 
        any case in which the Attorney General determines such 
        participation to be necessary, as permitted by the available 
        resources of such task force;
            (7) establish or adopt investigative and prosecution 
        standards, consistent with established norms, to which such 
        task force shall comply;
            (8) investigate, and seek prosecution on, tips related to 
        Internet crimes against children, including tips from Operation 
        Fairplay, the National Internet Crimes Against Children Data 
        System established in section 115, 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 subtitle; 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. 115. NATIONAL INTERNET CRIMES AGAINST CHILDREN DATA SYSTEM.

    (a) In General.--The Attorney General shall establish, consistent 
with all existing Federal laws relating to the protection of privacy, a 
National Internet Crimes Against Children Data System. The system shall 
not be used to search for or obtain any information that does not 
involve the use of the Internet to post or traffic images of child 
exploitation.
    (b) 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 
        112;
            (3) State, local, and tribal agencies investigating and 
        prosecuting child exploitation; and
            (4) foreign or international law enforcement agencies, 
        subject to approval by the Attorney General.
    (c) 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 (b); 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.
    (d) 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 
                111(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.
    (e) 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 (c);
            (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.
    (f) 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 (e), 
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.
    (g) 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.
    (h) Rule of Construction.--Nothing in this section may be construed 
to authorize any activity that is inconsistent with any Federal law, 
regulation, or constitutional constraint.

SEC. 116. 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 
        114.
            (2) Formula grants.--
                    (A) Development of formula.--At least 75 percent of 
                the total funds appropriated to carry out this section 
                shall be available to award or otherwise distribute 
                grants pursuant to a funding formula established by the 
                Attorney General in accordance with the requirements in 
                subparagraph (B).
                    (B) Formula requirements.--Any formula established 
                by the Attorney General under subparagraph (A) shall--
                            (i) ensure that each State or local ICAC 
                        task force shall, at a minimum, receive an 
                        amount equal to 0.5 percent of the funds 
                        available to award or otherwise distribute 
                        grants under subparagraph (A); and
                            (ii) take into consideration the following 
                        factors:
                                    (I) The population of each State, 
                                as determined by the most recent 
                                decennial census performed by the 
                                Bureau of the Census.
                                    (II) The number of investigative 
                                leads within the applicant's 
                                jurisdiction generated by Operation 
                                Fairplay, the ICAC Data Network, the 
                                CyberTipline, and other sources.
                                    (III) The number of criminal cases 
                                related to Internet crimes against 
                                children referred to a task force for 
                                Federal, State, or local prosecution.
                                    (IV) The number of successful 
                                prosecutions of child exploitation 
                                cases by a task force.
                                    (V) The amount of training, 
                                technical assistance, and public 
                                education or outreach by a task force 
                                related to the prevention, 
                                investigation, or prosecution of child 
                                exploitation offenses.
                                    (VI) Such other criteria as the 
                                Attorney General determines demonstrate 
                                the level of need for additional 
                                resources by a task force.
            (3) Distribution of remaining funds based on need.--
                    (A) In general.--Any funds remaining from the total 
                funds appropriated to carry out this section after 
                funds have been made available to award or otherwise 
                distribute formula grants under paragraph (2)(A) shall 
                be distributed to State and local ICAC task forces 
                based upon need, as set forth by criteria established 
                by the Attorney General. Such criteria shall include 
                the factors under paragraph (2)(B)(ii).
                    (B) Matching requirement.--A State or local ICAC 
                task force shall contribute matching non-Federal funds 
                in an amount equal to not less than 25 percent of the 
                amount of funds received by the State or local ICAC 
                task force under subparagraph (A). A State or local 
                ICAC task force that is not able or willing to 
                contribute matching funds in accordance with this 
                subparagraph shall not be eligible for funds under 
                subparagraph (A).
                    (C) Waiver.--The Attorney General may waive, in 
                whole or in part, the matching requirement under 
                subparagraph (B) if the State or local ICAC task force 
                demonstrates good cause or financial hardship.
    (b) Application.--
            (1) In general.--Each State or local ICAC task force 
        seeking a grant under this section shall submit an application 
        to the Attorney General at such time, in such manner, and 
        accompanied by such information as the Attorney General may 
        reasonably require.
            (2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                    (A) describe the activities for which assistance 
                under this section is sought; and
                    (B) provide such additional assurances as the 
                Attorney General determines to be essential to ensure 
                compliance with the requirements of this subtitle.
    (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 112; and
                    (B) the number of Federal and State investigations, 
                prosecutions, and convictions in the prior 12-month 
                period related to child exploitation.

SEC. 117. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this subtitle--
            (1) $60,000,000 for fiscal year 2009;
            (2) $60,000,000 for fiscal year 2010;
            (3) $60,000,000 for fiscal year 2011;
            (4) $60,000,000 for fiscal year 2012; and
            (5) $60,000,000 for fiscal year 2013.
    (b) Availability.--Funds appropriated under subsection (a) shall 
remain available until expended.

      Subtitle B--ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION

SEC. 121. 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 
subtitle to increase capacity at existing regional forensic 
laboratories or to add laboratories under the Regional Computer 
Forensic Laboratories Program operated by the Federal Bureau of 
Investigation.
    (b) Purpose of New Resources.--The additional forensic capacity 
established by resources provided under this section shall be dedicated 
to assist Federal agencies, State and local Internet Crimes Against 
Children task forces, and other Federal, State, and local law 
enforcement agencies in preventing, investigating, and prosecuting 
Internet crimes against children.
    (c) New Computer Forensic Labs.--If the Attorney General determines 
that new regional computer forensic laboratories are required under 
subsection (a) to best address existing backlogs, such new laboratories 
shall be established pursuant to subsection (d).
    (d) Location of New Labs.--The location of any new regional 
computer forensic laboratories under this section shall be determined 
by the Attorney General, in consultation with the Director of the 
Federal Bureau of Investigation, the Regional Computer Forensic 
Laboratory National Steering Committee, and other relevant 
stakeholders.
    (e) Report.--Not later than 1 year after the date of enactment of 
this Act, and every year thereafter, the Attorney General shall submit 
a report to the Congress on how the funds appropriated under this 
section were utilized.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal years 2009 through 2013, $2,000,000 to carry 
out the provisions of this section.

          Subtitle C--Effective Child Pornography Prosecution

SEC. 131. 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''; and
            (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. 132. 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. 133. PROHIBITING THE ADAPTATION OR MODIFICATION OF AN IMAGE OF AN 
              IDENTIFIABLE MINOR TO PRODUCE CHILD PORNOGRAPHY.

    (a) Offense.--Subsection (a) of section 2252A of title 18, United 
States Code, is amended--
            (1) in paragraph (5), by striking ``; or'' at the end and 
        inserting a semicolon;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; or''; and
            (3) by inserting after paragraph (6) the following:
            ``(7) in or affecting interstate or foreign commerce, 
        knowingly modifies, with intent to distribute, a visual 
        depiction of an identifiable minor so that the depiction 
        becomes child pornography,''.
    (b) Punishment.--Subsection (b) of section 2252A of title 18, 
United States Code, is amended by adding at the end the following:
    ``(3) Whoever violates, or attempts or conspires to violate, 
subsection (a)(7) shall be fined under this title or imprisoned not 
more than 15 years, or both.''.

    Subtitle D--National Institute of Justice Study of Risk Factors

SEC. 141. NIJ STUDY OF RISK FACTORS FOR ASSESSING DANGEROUSNESS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the National Institute of Justice shall prepare a report 
to identify investigative factors that reliably indicate whether a 
subject of an online child exploitation investigation poses a high risk 
of harm to children. Such a report shall be prepared in consultation 
and coordination with Federal law enforcement agencies, the National 
Center for Missing and Exploited Children, Operation Fairplay at the 
Wyoming Attorney General's Office, the Internet Crimes Against Children 
Task Force, and other State and local law enforcement.
    (b) Contents of Analysis.--The report required by subsection (a) 
shall include a thorough analysis of potential investigative factors in 
on-line child exploitation cases and an appropriate examination of 
investigative data from prior prosecutions and case files of identified 
child victims.
    (c) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the National Institute of Justice shall submit a 
report to the House and Senate Judiciary Committees that includes the 
findings of the study required by this section and makes 
recommendations on technological tools and law enforcement procedures 
to help investigators prioritize scarce resources to those cases where 
there is actual hands-on abuse by the suspect.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $500,000 to the National Institute of Justice to conduct 
the study required under this section.

TITLE II--ENHANCING THE EFFECTIVE PROSECUTION OF CHILD PORNOGRAPHY ACT 
                                OF 2007

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Enhancing the Effective 
Prosecution of Child Pornography Act of 2007''.

SEC. 202. MONEY LAUNDERING PREDICATE.

    Section 1956(c)(7)(D) of title 18, United States Code, is amended 
by inserting ``section 2252A (relating to child pornography) where the 
child pornography contains a visual depiction of an actual minor 
engaging in sexually explicit conduct, section 2260 (production of 
certain child pornography for importation into the United States),'' 
before ``section 2280''.

SEC. 203. KNOWINGLY ACCESSING CHILD PORNOGRAPHY WITH THE INTENT TO VIEW 
              CHILD PORNOGRAPHY.

    (a) Materials Involving Sexual Exploitation of Minors.--Section 
2252(a)(4) of title 18, United States Code, is amended--
            (1) in subparagraph (A), by inserting ``, or knowingly 
        accesses with intent to view,'' after ``possesses''; and
            (2) in subparagraph (B), by inserting ``, or knowingly 
        accesses with intent to view,'' after ``possesses''.
    (b) Materials Constituting or Containing Child Pornography.--
Section 2252A(a)(5) of title 18, United States Code, is amended--
            (1) in subparagraph (A), by inserting ``, or knowingly 
        accesses with intent to view,'' after ``possesses''; and
            (2) in subparagraph (B), by inserting ``, or knowingly 
        accesses with intent to view,'' after ``possesses''.

        TITLE III--SECURING ADOLESCENTS FROM ONLINE EXPLOITATION

SEC. 301. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION SERVICE 
              PROVIDERS AND REMOTE COMPUTING SERVICE PROVIDERS.

    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended by inserting after section 2258 the following:
``Sec. 2258A. Reporting requirements of electronic communication 
              service providers and remote computing service providers
    ``(a) Duty To Report.--
            ``(1) In general.--Whoever, while engaged in providing an 
        electronic communication service or a remote computing service 
        to the public through a facility or means of interstate or 
        foreign commerce, obtains actual knowledge of any facts or 
        circumstances described in paragraph (2) shall, as soon as 
        reasonably possible--
                    ``(A) complete and maintain with current 
                information a registration with the CyberTipline of the 
                National Center for Missing and Exploited Children, or 
                any successor to the CyberTipline operated by such 
                center, by providing the mailing address, telephone 
                number, facsimile number, electronic mail address of, 
                and individual point of contact for, such electronic 
                communication service provider or remote computing 
                service provider; and
                    ``(B) make a report of such facts or circumstances 
                to the CyberTipline, or any successor to the 
                CyberTipline operated by such center.
            ``(2) Facts or circumstances.--The facts or circumstances 
        described in this paragraph are any facts or circumstances that 
        appear to indicate a violation of--
                    ``(A) section 2251, 2251A, 2252, 2252A, 2252B, or 
                2260 that involves child pornography; or
                    ``(B) section 1466A.
    ``(b) Contents of Report.--To the extent available to an electronic 
communication service provider or a remote computing service provider, 
each report under subsection (a)(1) shall include the following 
information:
            ``(1) Information about the involved individual.--
        Information relating to the Internet identity of any individual 
        who appears to have violated a Federal law in the manner 
        described in subsection (a)(2), which shall, to the extent 
        reasonably practicable, include the electronic mail address, 
        website address, uniform resource locator, or any other 
        identifying information, including self-reported identifying 
        information.
            ``(2) Historical reference.--Information relating to when 
        any apparent child pornography was uploaded, transmitted, 
        reported to, or discovered by the electronic communication 
        service provider or remote computing service provider, as the 
        case may be, including a date and time stamp and time zone.
            ``(3) Geographic location information.--Information 
        relating to the geographic location of the involved individual, 
        hosting website, or uniform resource locator, which shall 
        include the Internet Protocol Address or verified billing 
        address, or, if not reasonably available, at least 1 form of 
        geographic identifying information, including area code or zip 
        code. The information shall also include any self-reported 
        geographic information.
            ``(4) Images of apparent child pornography.--Any image of 
        any apparent child pornography relating to the incident such 
        report is regarding.
            ``(5) Commingled images.--Any images, data, or other 
        digital files (collectively referred to as `digital files') 
        which are commingled or interspersed among the images of 
        apparent child pornography. If it would impose an undue 
        hardship to provide these commingled digital files as part of 
        the report, because of the volume of the digital files or for 
        other reasons, the reporting company shall, in lieu of 
        providing those digital files, inform the CyberTipline of the 
        existence of such digital files, and retain those digital files 
        as if they were part of the report as required pursuant to 
        subsection (h).
    ``(c) Forwarding of Report to Law Enforcement.--
            ``(1) In general.--The National Center for Missing and 
        Exploited Children shall forward each report made under 
        subsection (a)(1) to any appropriate law enforcement agency 
        designated by the Attorney General under subsection (d)(2).
            ``(2) State and local law enforcement.--The National Center 
        for Missing and Exploited Children may forward any report made 
        under subsection (a)(1) to an appropriate official of a State 
        or political subdivision of a State for the purpose of 
        enforcing State criminal law.
            ``(3) Foreign law enforcement.--The National Center for 
        Missing and Exploited Children may forward any report made 
        under subsection (a)(1) to any appropriate foreign law 
        enforcement agency designated by the Attorney General under 
        subsection (d)(3), subject to the conditions established by the 
        Attorney General under subsection (d)(3).
    ``(d) Attorney General Responsibilities.--
            ``(1) In general.--The Attorney General shall enforce this 
        section.
            ``(2) Designation of federal agencies.--The Attorney 
        General shall designate promptly the Federal law enforcement 
        agency or agencies to which a report shall be forwarded under 
        subsection (c)(1).
            ``(3) Designation of foreign agencies.--The Attorney 
        General shall promptly--
                    ``(A) designate the foreign law enforcement 
                agencies to which a report may be forwarded under 
                subsection (c)(3);
                    ``(B) establish the conditions under which such a 
                report may be forwarded to such agencies; and
                    ``(C) develop a process for foreign law enforcement 
                agencies to request assistance from Federal law 
                enforcement agencies in obtaining evidence relating to 
                a report referred under subsection (c)(3).
    ``(e) Failure To Report.--An electronic communication service 
provider or remote computing service provider that knowingly and 
willfully fails to make a report required under subsection (a)(1) shall 
be fined--
            ``(1) in the case of an initial knowing and willful failure 
        to make a report, not more than $150,000; and
            ``(2) in the case of any second or subsequent knowing and 
        willful failure to make a report, not more than $300,000.
    ``(f) Protection of Privacy.--Nothing in this section shall be 
construed to require an electronic communication service provider or a 
remote computing service provider to--
            ``(1) monitor any user, subscriber, or customer of that 
        provider;
            ``(2) monitor the content of any communication of any 
        person described in paragraph (1); or
            ``(3) affirmatively seek facts or circumstances described 
        in subsection (a)(2).
    ``(g) Conditions of Disclosure Information Contained Within 
Report.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        law enforcement agency that receives a report under subsection 
        (c) shall not disclose any information contained in that 
        report.
            ``(2) Permitted disclosures.--A law enforcement agency may 
        disclose information in a report received under subsection 
        (c)--
                    ``(A) to an attorney for the government for use in 
                the performance of the official duties of that 
                attorney;
                    ``(B) to such officers and employees of that law 
                enforcement agency, as may be necessary in the 
                performance of their investigative and recordkeeping 
                functions;
                    ``(C) to such other government personnel (including 
                personnel of a State or subdivision of a State) as are 
                determined to be necessary by an attorney for the 
                government to assist the attorney in the performance of 
                the official duties of the attorney in enforcing 
                Federal criminal law;
                    ``(D) if the report discloses a violation of State 
                criminal law, to an appropriate official of a State or 
                subdivision of a State for the purpose of enforcing 
                such State law;
                    ``(E) to a defendant in a criminal case or the 
                attorney for that defendant, to the extent the 
                information relates to a criminal charge pending 
                against that defendant;
                    ``(F) to an electronic communication service 
                provider or remote computing provider if necessary to 
                facilitate response to legal process issued in 
                connection to that report, in which case, the 
                electronic communication service provider or remote 
                computing service provider shall be prohibited from 
                disclosing the contents of that report to any person, 
                except as necessary to respond to the legal process; 
                and
                    ``(G) as ordered by a court upon a showing of good 
                cause and pursuant to any protective orders or other 
                conditions that the court may impose.
    ``(h) Evidence Preservation.--
            ``(1) In general.--For the purposes of this section, the 
        notification to an electronic communication service provider or 
        a remote computing service provider by the CyberTipline of 
        receipt of a report under subsection (a)(1) shall be treated as 
        notice to preserve, as if such notice was made pursuant to 
        section 2703(f).
            ``(2) Preservation of report.--Pursuant to paragraph (1), 
        an electronic communication service provider or a remote 
        computing service shall preserve the contents of the report 
        provided under subsection (a)(1) and the information described 
        in section 2703(c)(2) relating to the involved individual for 
        not less than 180 days after the date of submission of the 
        report under subsection (a)(1).
            ``(3) Authorities and duties not affected.--Nothing in this 
        section shall be construed as replacing, amending, or otherwise 
        interfering with the authorities and duties under section 2703.
``Sec. 2258B. Limited liability for electronic communication service 
              providers, remote computing service providers, or domain 
              name registrar
    ``(a) In General.--Except as provided in subsections (b) and (c), a 
civil claim or criminal charge against an electronic communication 
service provider, a remote computing service provider, or domain name 
registrar, including any director, officer, employee, or agent of such 
electronic communication service provider, remote computing service 
provider, or domain name registrar arising from the performance of the 
reporting responsibilities of such electronic communication service 
provider, remote computing service provider, or domain name registrar 
under this section, section 2258A, or section 2258C may not be brought 
in any Federal or State court.
    ``(b) Intentional, Reckless, or Other Misconduct.--Subsection (a) 
shall not apply to a claim if the electronic communication service 
provider, remote computing service provider, or domain name registrar, 
or a director, officer, employee, or agent of that electronic 
communication service provider, remote computing service provider, or 
domain name registrar--
            ``(1) engaged in intentional misconduct; or
            ``(2) acted, or failed to act--
                    ``(A) with actual malice;
                    ``(B) with reckless disregard to a substantial risk 
                of causing injury without legal justification; or
                    ``(C) for a purpose unrelated to the performance of 
                any responsibility or function under this section, 
                section 2258A, or section 2258C.
    ``(c) Ordinary Business Activities.--Subsection (a) shall not apply 
to an act or omission relating to an ordinary business activity of an 
electronic communication service provider, a remote computing service 
provider, or domain name registrar, including general administration or 
operations, the use of motor vehicles, or personnel management.
    ``(d) Minimizing Access.--An electronic communication service 
provider, a remote computing service provider, and domain name 
registrar shall--
            ``(1) minimize the number of employees that are provided 
        access to any image provided under section 2258A or 2258C; and
            ``(2) ensure that any such image is permanently destroyed, 
        upon notification from a law enforcement agency.
``Sec. 2258C. Use of images from the CyberTipline to combat child 
              pornography
    ``(a) In General.--The National Center for Missing and Exploited 
Children is authorized to provide elements relating to any image 
reported to its CyberTipline to an electronic communication service 
provider or a remote computing service provider for the sole and 
exclusive purpose of permitting that electronic communication service 
provider or remote computing service provider to stop the further 
transmission of images. Such elements may include unique identifiers 
associated with a specific image, Internet location of images, and 
other technological elements that can be used to identify and stop the 
transmission of child pornography.
    ``(b) Use by Electronic Communication Service Providers and Remote 
Computing Service Providers.--Any electronic communication service 
provider or remote computing service provider that receives elements 
relating to an image from the National Center for Missing and Exploited 
Children under this section may use such information only for the 
purposes described in this section, provided that such use shall not 
relieve that electronic communication service provider or remote 
computing service provider from its reporting obligations under section 
2258A.
``Sec. 2258D. Limited liability for the National Center for Missing and 
              Exploited Children
    ``(a) In General.--Except as provided in subsections (b) and (c), a 
civil claim or criminal charge against the National Center for Missing 
and Exploited Children, including any director, officer, employee, or 
agent of such center, arising from the performance of the CyberTipline 
responsibilities or functions of such center, as described in this 
section, section 2258A or 2258C of this title, or section 404 of the 
Missing Children's Assistance Act (42 U.S.C. 5773), or from the effort 
of such center to identify child victims may not be brought in any 
Federal or State court.
    ``(b) Intentional, Reckless, or Other Misconduct.--Subsection (a) 
shall not apply to a claim or charge if the National Center for Missing 
and Exploited Children, or a director, officer, employee, or agent of 
such center--
            ``(1) engaged in intentional misconduct; or
            ``(2) acted, or failed to act--
                    ``(A) with actual malice;
                    ``(B) with reckless disregard to a substantial risk 
                of causing injury without legal justification; or
                    ``(C) for a purpose unrelated to the performance of 
                any responsibility or function under this section, 
                section 2258A or 2258C of this title, or section 404 of 
                the Missing Children's Assistance Act (42 U.S.C. 5773).
    ``(c) Ordinary Business Activities.--Subsection (a) shall not apply 
to an act or omission relating to an ordinary business activity, 
including general administration or operations, the use of motor 
vehicles, or personnel management.
    ``(d) Minimizing Access.--The National Center for Missing and 
Exploited Children shall--
            ``(1) minimize the number of employees that are provided 
        access to any image provided under section 2258A; and
            ``(2) ensure that any such image is permanently destroyed 
        upon notification from a law enforcement agency.
``Sec. 2258E. Definitions
    ``In sections 2258A through 2258D--
            ``(1) the terms `attorney for the government' and `State' 
        have the meanings given those terms in rule 1 of the Federal 
        Rules of Criminal Procedure;
            ``(2) the term `electronic communication service' has the 
        meaning given that term in section 2510;
            ``(3) the term `electronic mail address' has the meaning 
        given that term in section 3 of the CAN-SPAM Act of 2003 (15 
        U.S.C. 7702);
            ``(4) the term `Internet' has the meaning given that term 
        in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151 
        note);
            ``(5) the term `remote computing service' has the meaning 
        given that term in section 2711; and
            ``(6) the term `website' means any collection of material 
        placed in a computer server-based file archive so that it is 
        publicly accessible, over the Internet, using hypertext 
        transfer protocol or any successor protocol.''.
    (b) Technical and Conforming Amendments.--
            (1) Repeal of superceded provision.--Section 227 of the 
        Crime Control Act of 1990 (42 U.S.C. 13032) is repealed.
            (2) Table of sections.--The table of sections for chapter 
        110 of title 18, United States Code, is amended by inserting 
        after the item relating to section 2258 the following:

``Sec. 2258A. Reporting requirements of electronic communication 
                            service providers and remote computing 
                            service providers.
``Sec. 2258B. Limited liability for electronic communication service 
                            providers, remote computing service 
                            providers, or domain name registrar.
``Sec. 2258C. Use of images from the CyberTipline to combat child 
                            pornography.
``Sec. 2258D. Limited liability for the National Center for Missing and 
                            Exploited Children.
``Sec. 2258E. Definitions.''.

  TITLE IV--IMPROVEMENTS TO COMMERCE CLAUSE AUTHORITIES TO ALLOW FOR 
                EFFECTIVE CHILD PORNOGRAPHY PROSECUTIONS

SEC. 401. EFFECTIVE CHILD PORNOGRAPHY PROSECUTION.

    (a) Sexual Exploitation of Children.--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''; and
                    (B) by striking ``transported'' the first place it 
                appears and all that follows and inserting 
                ``transported or transmitted in or affecting interstate 
                or foreign commerce or using a facility or means of 
                interstate or foreign commerce or mailed, if that 
                visual depiction was produced or transmitted 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 or transmitted 
                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--
                    (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''; and
                    (B) by striking ``transported'' the first place it 
                appears and all that follows and inserting the 
                following: ``transported or transmitted in or affecting 
                interstate or foreign commerce or using a facility or 
                means of interstate or foreign commerce or mailed, if 
                that visual depiction was produced or transmitted 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 or transmitted 
                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), by striking ``computer'' each 
        place it appears and inserting ``using a facility or means of 
        interstate or foreign commerce''; and
            (4) in subsection (d)(2), by striking ``transported in 
        interstate or foreign commerce by any means including by 
        computer'' each place it appears 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.--Section 2251A(c)(2) of title 
18, United States Code, is amended by striking ``in interstate or 
foreign commerce by any means including by computer or'' and inserting 
``in or affecting interstate or foreign commerce or using a facility or 
means of interstate and foreign commerce or by''.
    (c) Certain Activities Relating to Material Involving the Sexual 
Exploitation of Minors.--Section 2252(a) of title 18, United States 
Code, is amended--
            (1) in paragraph (1), by striking ``in interstate or 
        foreign commerce by any means including by 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), in the matter preceding subparagraph 
        (A)--
                    (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), in the matter preceding clause 
        (i), 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), in the matter preceding clause 
        (i), 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) Certain Activities Relating to Material Constituting or 
Containing Child Pornography.--Section 2252A(a) of title 18, United 
States Code, is amended--
            (1) in paragraph (1), by striking ``in interstate or 
        foreign commerce by any means, including by computer'' and 
        inserting ``in or affecting interstate foreign commerce or 
        using a facility or means of interstate or foreign commerce'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``in 
                interstate or foreign commerce by any means, including 
                by computer'' and inserting ``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 ``in 
                interstate or foreign commerce by any means, including 
                by computer'' and inserting ``in or affecting 
                interstate or foreign commerce or using a facility or 
                means of interstate or foreign commerce'';
            (3) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``in 
                interstate or foreign commerce by any means, including 
                by computer'' and inserting ``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 ``in 
                interstate or foreign commerce by any means, including 
                by computer'' and inserting ``in or affecting 
                interstate or foreign commerce or using a facility or 
                means of interstate or foreign commerce'';
            (4) in paragraph (4)(B), by striking ``in interstate or 
        foreign commerce by any means, including by computer'' the 
        first place it appears and inserting ``in or affecting 
        interstate or foreign commerce or using a facility or means of 
        interstate or foreign commerce'';
            (5) in paragraph (5)(B), by striking ``in interstate or 
        foreign commerce by any means, including by computer'' the 
        first place it appears and inserting ``in or affecting 
        interstate or foreign commerce or using a facility or means of 
        interstate or foreign commerce''; and
            (6) in paragraph (6)--
                    (A) in subparagraph (A), by striking ``in 
                interstate or foreign commerce by any means, including 
                by computer'' and inserting ``in or affecting 
                interstate or foreign commerce or using a facility or 
                means of interstate or foreign commerce''; and
                    (B) in subparagraph (C), by striking ``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.--Section 1466A(d)(4) of title 18, United States Code, is 
amended by striking ``transported in interstate or foreign commerce by 
any means, including by computer'' the first place it appears and 
inserting ``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 section or the 
amendments made by this section may be construed to--
            (1) imply that there is not an overlap between conduct in 
        or affecting interstate or foreign commerce and conduct using a 
        facility or means of interstate or foreign commerce; or
            (2) 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.
                                                       Calendar No. 906

110th CONGRESS

  2d Session

                                S. 3344

_______________________________________________________________________

                                 A BILL

  To defend against child exploitation and child pornography through 
  improved Internet Crimes Against Children task forces and enhanced 
tools to block illegal images, and to eliminate the unwarranted release 
                      of convicted sex offenders.

_______________________________________________________________________

                             July 28, 2008

            Read the second time and placed on the calendar