[Congressional Record Volume 154, Number 153 (Thursday, September 25, 2008)]
[Senate]
[Pages S9544-S9548]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                COMBATING CHILD EXPLOITATION ACT OF 2008

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 862, S. 1738.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (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 predators.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     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.

[[Page S9545]]

       (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.

[[Page S9546]]

       (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),

[[Page S9547]]

     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

[[Page S9548]]

     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.

  Mr. DURBIN. Mr. President, I ask unanimous consent that the committee 
substitute be withdrawn; a Biden substitute amendment, which is at the 
desk, be agreed to; the bill, as amended, be read a third time and 
passed; the title amendment be agreed to; the motions to reconsider be 
laid upon the table with no intervening action or debate, and any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5650) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 1738), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  The amendment (No. 5651) was agreed to, as follows:

       Amend the title so as to read: ``To require the Department 
     of Justice to develop and implement a National Strategy Child 
     Exploitation Prevention and Interdiction, to improve the 
     Internet Crimes Against Children Task Force, to increase 
     resources for regional computer forensic labs, and to make 
     other improvements to increase the ability of law enforcement 
     agencies to investigate and prosecute child predators.''

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