[Congressional Record Volume 154, Number 155 (Saturday, September 27, 2008)]
[House]
[Pages H10241-H10251]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    PROTECT OUR CHILDREN ACT OF 2008

  Mr. CONYERS. Mr. Speaker, I move to suspend the rules and pass the 
Senate 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

[[Page H10242]]

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.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                S. 1738

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Providing 
     Resources, Officers, and Technology To Eradicate Cyber 
     Threats to Our Children Act of 2008'' or the ``PROTECT Our 
     Children Act of 2008''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

   TITLE I--NATIONAL STRATEGY FOR CHILD EXPLOITATION PREVENTION AND 
                              INTERDICTION

Sec. 101. Establishment of National Strategy for Child Exploitation 
              Prevention and Interdiction.
Sec. 102. Establishment of National ICAC Task Force Program.
Sec. 103. Purpose of ICAC task forces.
Sec. 104. Duties and functions of task forces.
Sec. 105. National Internet Crimes Against Children Data System.
Sec. 106. ICAC grant program.
Sec. 107. Authorization of appropriations.

       TITLE II--ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION

Sec. 201. Additional regional computer forensic labs.

           TITLE III--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION

Sec. 301. Prohibit the broadcast of live images of child abuse.
Sec. 302. Amendment to section 2256 of title 18, United States Code.
Sec. 303. Amendment to section 2260 of title 18, United States Code.
Sec. 304. Prohibiting the adaptation or modification of an image of an 
              identifiable minor to produce child pornography.

     TITLE IV--NATIONAL INSTITUTE OF JUSTICE STUDY OF RISK FACTORS

Sec. 401. NIJ study of risk factors for assessing dangerousness.

         TITLE V--SECURING ADOLESCENTS FROM ONLINE EXPLOITATION

Sec. 501. Reporting requirements of electronic communication service 
              providers and remote computing service providers.
Sec. 502. Reports.
Sec. 503. Severability.

     SEC. 2. DEFINITIONS.

       In this Act, the following definitions shall apply:
       (1) Child exploitation.--The term ``child exploitation'' 
     means any conduct, attempted conduct, or conspiracy to engage 
     in conduct involving a minor that violates section 1591, 
     chapter 109A, chapter 110, and chapter 117 of title 18, 
     United States Code, or any sexual activity involving a minor 
     for which any person can be charged with a criminal offense.
       (2) Child obscenity.--The term ``child obscenity'' means 
     any visual depiction proscribed by section 1466A of title 18, 
     United States Code.
       (3) Minor.--The term ``minor'' means any person under the 
     age of 18 years.
       (4) Sexually explicit conduct.--The term ``sexually 
     explicit conduct'' has the meaning given such term in section 
     2256 of title 18, United States Code.

   TITLE I--NATIONAL STRATEGY FOR CHILD EXPLOITATION PREVENTION AND 
                              INTERDICTION

     SEC. 101. ESTABLISHMENT OF NATIONAL STRATEGY FOR CHILD 
                   EXPLOITATION PREVENTION AND INTERDICTION.

       (a) In General.--The Attorney General of the United States 
     shall create and implement a National Strategy for Child 
     Exploitation Prevention and Interdiction.
       (b) Timing.--Not later than 1 year after the date of 
     enactment of this Act and on February 1 of every second year 
     thereafter, the Attorney General shall submit to Congress the 
     National Strategy established under subsection (a).
       (c) Required Contents of National Strategy.--The National 
     Strategy established under subsection (a) shall include the 
     following:
       (1) Comprehensive long-range, goals for reducing child 
     exploitation.
       (2) Annual measurable objectives and specific targets to 
     accomplish long-term, quantifiable goals that the Attorney 
     General determines may be achieved during each year beginning 
     on the date when the National Strategy is submitted.
       (3) Annual budget priorities and Federal efforts dedicated 
     to combating child exploitation, including resources 
     dedicated to Internet Crimes Against Children task forces, 
     Project Safe Childhood, FBI Innocent Images Initiative, the 
     National Center for Missing and Exploited Children, regional 
     forensic computer labs, Internet Safety programs, and all 
     other entities whose goal or mission is to combat the 
     exploitation of children that receive Federal support.
       (4) A 5-year projection for program and budget goals and 
     priorities.
       (5) A review of the policies and work of the Department of 
     Justice related to the prevention and investigation of child 
     exploitation crimes, including efforts at the Office of 
     Justice Programs, the Criminal Division of the Department of 
     Justice, the Executive Office of United States Attorneys, the 
     Federal Bureau of Investigation, the Office of the Attorney 
     General, the Office of the Deputy Attorney General, the 
     Office of Legal Policy, and any other agency or bureau of the 
     Department of Justice whose activities relate to child 
     exploitation.
       (6) A description of the Department's efforts to coordinate 
     with international, State, local, tribal law enforcement, and 
     private sector entities on child exploitation prevention and 
     interdiction efforts.
       (7) Plans for interagency coordination regarding the 
     prevention, investigation, and apprehension of individuals 
     exploiting children, including cooperation and collaboration 
     with--
       (A) Immigration and Customs Enforcement;
       (B) the United States Postal Inspection Service;
       (C) the Department of State;
       (D) the Department of Commerce;
       (E) the Department of Education;
       (F) the Department of Health and Human Services; and
       (G) other appropriate Federal agencies.
       (8) A review of the Internet Crimes Against Children Task 
     Force Program, including--
       (A) the number of ICAC task forces and location of each 
     ICAC task force;
       (B) the number of trained personnel at each ICAC task 
     force;
       (C) the amount of Federal grants awarded to each ICAC task 
     force;
       (D) an assessment of the Federal, State, and local 
     cooperation in each task force, including--
       (i) the number of arrests made by each task force;
       (ii) the number of criminal referrals to United States 
     attorneys for prosecution;
       (iii) the number of prosecutions and convictions from the 
     referrals made under clause (ii);
       (iv) the number, if available, of local prosecutions and 
     convictions based on ICAC task force investigations; and
       (v) any other information demonstrating the level of 
     Federal, State, and local coordination and cooperation, as 
     such information is to be determined by the Attorney General;
       (E) an assessment of the training opportunities and 
     technical assistance available to support ICAC task force 
     grantees; and
       (F) an assessment of the success of the Internet Crimes 
     Against Children Task Force Program at leveraging State and 
     local resources and matching funds.
       (9) An assessment of the technical assistance and support 
     available for Federal, State, local, and tribal law 
     enforcement agencies, in the prevention, investigation, and 
     prosecution of child exploitation crimes.
       (10) A review of the backlog of forensic analysis for child 
     exploitation cases at each FBI Regional Forensic lab and an 
     estimate of the backlog at State and local labs.
       (11) Plans for reducing the forensic backlog described in 
     paragraph (10), if any, at Federal, State and local forensic 
     labs.
       (12) A review of the Federal programs related to child 
     exploitation prevention and education, including those 
     related to Internet safety, including efforts by the private 
     sector and nonprofit entities, or any other initiatives, that 
     have proven successful in promoting child safety and Internet 
     safety.
       (13) An assessment of the future trends, challenges, and 
     opportunities, including new technologies, that will impact 
     Federal, State, local, and tribal efforts to combat child 
     exploitation.
       (14) Plans for liaisons with the judicial branches of the 
     Federal and State governments on matters relating to child 
     exploitation.
       (15) An assessment of Federal investigative and prosecution 
     activity relating to reported incidents of child exploitation 
     crimes, which shall include a number of factors, including--
       (A) the number of high-priority suspects (identified 
     because of the volume of suspected criminal activity or 
     because of the danger to the community or a potential victim) 
     who were investigated and prosecuted;
       (B) the number of investigations, arrests, prosecutions and 
     convictions for a crime of child exploitation; and
       (C) the average sentence imposed and statutory maximum for 
     each crime of child exploitation.
       (16) A review of all available statistical data indicating 
     the overall magnitude of child pornography trafficking in the 
     United States and internationally, including--
       (A) the number of computers or computer users, foreign and 
     domestic, observed engaging in, or suspected by law 
     enforcement agencies and other sources of engaging in, peer-
     to-peer file sharing of child pornography;
       (B) the number of computers or computer users, foreign and 
     domestic, observed engaging in, or suspected by law 
     enforcement agencies and other reporting sources of engaging 
     in, buying and selling, or other commercial activity related 
     to child pornography;
       (C) the number of computers or computer users, foreign and 
     domestic, observed engaging in, or suspected by law 
     enforcement

[[Page H10243]]

     agencies and other sources of engaging in, all other forms of 
     activity related to child pornography;
       (D) the number of tips or other statistical data from the 
     National Center for Missing and Exploited Children's 
     CyberTipline and other data indicating the magnitude of child 
     pornography trafficking; and
       (E) any other statistical data indicating the type, nature, 
     and extent of child exploitation crime in the United States 
     and abroad.
       (17) Copies of recent relevant research and studies related 
     to child exploitation, including--
       (A) studies related to the link between possession or 
     trafficking of child pornography and actual abuse of a child;
       (B) studies related to establishing a link between the 
     types of files being viewed or shared and the type of illegal 
     activity; and
       (C) any other research, studies, and available information 
     related to child exploitation.
       (18) A review of the extent of cooperation, coordination, 
     and mutual support between private sector and other entities 
     and organizations and Federal agencies, including the 
     involvement of States, local and tribal government agencies 
     to the extent Federal programs are involved.
       (19) The results of the Project Safe Childhood Conference 
     or other conferences or meetings convened by the Department 
     of Justice related to combating child exploitation
       (d) Appointment of High-Level Official.--
       (1) In general.--The Attorney General shall designate a 
     senior official at the Department of Justice to be 
     responsible for coordinating the development of the National 
     Strategy established under subsection (a).
       (2) Duties.--The duties of the official designated under 
     paragraph (1) shall include--
       (A) acting as a liaison with all Federal agencies regarding 
     the development of the National Strategy;
       (B) working to ensure that there is proper coordination 
     among agencies in developing the National Strategy;
       (C) being knowledgeable about budget priorities and 
     familiar with all efforts within the Department of Justice 
     and the FBI related to child exploitation prevention and 
     interdiction; and
       (D) communicating the National Strategy to Congress and 
     being available to answer questions related to the strategy 
     at congressional hearings, if requested by committees of 
     appropriate jurisdictions, on the contents of the National 
     Strategy and progress of the Department of Justice in 
     implementing the National Strategy.

     SEC. 102. ESTABLISHMENT OF NATIONAL ICAC TASK FORCE PROGRAM.

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

     SEC. 103. PURPOSE OF ICAC TASK FORCES.

       The ICAC Task Force Program, and each State or local ICAC 
     task force that is part of the national program of task 
     forces, shall be dedicated toward--
       (1) increasing the investigative capabilities of State and 
     local law enforcement officers in the detection, 
     investigation, and apprehension of Internet crimes against 
     children offenses or offenders, including technology-
     facilitated child exploitation offenses;
       (2) conducting proactive and reactive Internet crimes 
     against children investigations;
       (3) providing training and technical assistance to ICAC 
     task forces and other Federal, State, and local law 
     enforcement agencies in the areas of investigations, 
     forensics, prosecution, community outreach, and capacity-
     building, using recognized experts to assist in the 
     development and delivery of training programs;
       (4) increasing the number of Internet crimes against 
     children offenses being investigated and prosecuted in both 
     Federal and State courts;
       (5) creating a multiagency task force response to Internet 
     crimes against children offenses within each State;
       (6) participating in the Department of Justice's Project 
     Safe Childhood initiative, the purpose of which is to combat 
     technology-facilitated sexual exploitation crimes against 
     children;
       (7) enhancing nationwide responses to Internet crimes 
     against children offenses, including assisting other ICAC 
     task forces, as well as other Federal, State, and local 
     agencies with Internet crimes against children investigations 
     and prosecutions;
       (8) developing and delivering Internet crimes against 
     children public awareness and prevention programs; and
       (9) participating in such other activities, both proactive 
     and reactive, that will enhance investigations and 
     prosecutions of Internet crimes against children.

     SEC. 104. DUTIES AND FUNCTIONS OF TASK FORCES.

       Each State or local ICAC task force that is part of the 
     national program of task forces shall--
       (1) consist of State and local investigators, prosecutors, 
     forensic specialists, and education specialists who are 
     dedicated to addressing the goals of such task force;
       (2) work consistently toward achieving the purposes 
     described in section 103;
       (3) engage in proactive investigations, forensic 
     examinations, and effective prosecutions of Internet crimes 
     against children;
       (4) provide forensic, preventive, and investigative 
     assistance to parents, educators, prosecutors, law 
     enforcement, and others concerned with Internet crimes 
     against children;
       (5) develop multijurisdictional, multiagency responses and 
     partnerships to Internet crimes against children offenses 
     through ongoing informational, administrative, and 
     technological support to other State and local law 
     enforcement agencies, as a means for such agencies to acquire 
     the necessary knowledge, personnel, and specialized equipment 
     to investigate and prosecute such offenses;
       (6) participate in nationally coordinated investigations in 
     any case in which the Attorney General determines such 
     participation to be necessary, as permitted by the available 
     resources of such task force;
       (7) establish or adopt investigative and prosecution 
     standards, consistent with established norms, to which such 
     task force shall comply;
       (8) investigate, and seek prosecution on, tips related to 
     Internet crimes against children, including tips from 
     Operation Fairplay, the National Internet Crimes Against 
     Children Data System established in section 105, the National 
     Center for Missing and Exploited Children's CyberTipline, 
     ICAC task forces, and other Federal, State, and local 
     agencies, with priority being given to investigative leads 
     that indicate the possibility of identifying or rescuing 
     child victims, including investigative leads that indicate a 
     likelihood of seriousness of offense or dangerousness to the 
     community;
       (9) develop procedures for handling seized evidence;
       (10) maintain--
       (A) such reports and records as are required under this 
     title; and
       (B) such other reports and records as determined by the 
     Attorney General; and
       (11) seek to comply with national standards regarding the 
     investigation and prosecution of Internet crimes against 
     children, as set forth by the Attorney General, to the extent 
     such standards are consistent with the law of the State where 
     the task force is located.

     SEC. 105. NATIONAL INTERNET CRIMES AGAINST CHILDREN DATA 
                   SYSTEM.

       (a) In General.--The Attorney General shall establish, 
     consistent with all existing Federal laws relating to the 
     protection of privacy, a National Internet Crimes Against

[[Page H10244]]

     Children Data System. The system shall not be used to search 
     for or obtain any information that does not involve the use 
     of the Internet to facilitate child exploitation.
       (b) Intent of Congress.--It is the purpose and intent of 
     Congress that the National Internet Crimes Against Children 
     Data System established in subsection (a) is intended to 
     continue and build upon Operation Fairplay developed by the 
     Wyoming Attorney General's office, which has established a 
     secure, dynamic undercover infrastructure that has 
     facilitated online law enforcement investigations of child 
     exploitation, information sharing, and the capacity to 
     collect and aggregate data on the extent of the problems of 
     child exploitation.
       (c) Purpose of System.--The National Internet Crimes 
     Against Children Data System established under subsection (a) 
     shall be dedicated to assisting and supporting credentialed 
     law enforcement agencies authorized to investigate child 
     exploitation in accordance with Federal, State, local, and 
     tribal laws, including by providing assistance and support 
     to--
       (1) Federal agencies investigating and prosecuting child 
     exploitation;
       (2) the ICAC Task Force Program established under section 
     102;
       (3) State, local, and tribal agencies investigating and 
     prosecuting child exploitation; and
       (4) foreign or international law enforcement agencies, 
     subject to approval by the Attorney General.
       (d) Cyber Safe Deconfliction and Information Sharing.--The 
     National Internet Crimes Against Children Data System 
     established under subsection (a)--
       (1) shall be housed and maintained within the Department of 
     Justice or a credentialed law enforcement agency;
       (2) shall be made available for a nominal charge to support 
     credentialed law enforcement agencies in accordance with 
     subsection (c); and
       (3) shall--
       (A) allow Federal, State, local, and tribal agencies and 
     ICAC task forces investigating and prosecuting child 
     exploitation to contribute and access data for use in 
     resolving case conflicts;
       (B) provide, directly or in partnership with a credentialed 
     law enforcement agency, a dynamic undercover infrastructure 
     to facilitate online law enforcement investigations of child 
     exploitation;
       (C) facilitate the development of essential software and 
     network capability for law enforcement participants; and
       (D) provide software or direct hosting and support for 
     online investigations of child exploitation activities, or, 
     in the alternative, provide users with a secure connection to 
     an alternative system that provides such capabilities, 
     provided that the system is hosted within a governmental 
     agency or a credentialed law enforcement agency.
       (e) Collection and Reporting of Data.--
       (1) In general.--The National Internet Crimes Against 
     Children Data System established under subsection (a) shall 
     ensure the following:
       (A) Real-time reporting.--All child exploitation cases 
     involving local child victims that are reasonably detectable 
     using available software and data are, immediately upon their 
     detection, made available to participating law enforcement 
     agencies.
       (B) High-priority suspects.--Every 30 days, at minimum, the 
     National Internet Crimes Against Children Data System shall--
       (i) identify high-priority suspects, as such suspects are 
     determined by the volume of suspected criminal activity or 
     other indicators of seriousness of offense or dangerousness 
     to the community or a potential local victim; and
       (ii) report all such identified high-priority suspects to 
     participating law enforcement agencies.
       (C) Annual reports.--Any statistical data indicating the 
     overall magnitude of child pornography trafficking and child 
     exploitation in the United States and internationally is made 
     available and included in the National Strategy, as is 
     required under section 101(c)(16).
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to limit the ability of participating law 
     enforcement agencies to disseminate investigative leads or 
     statistical information in accordance with State and local 
     laws.
       (f) Mandatory Requirements of Network.--The National 
     Internet Crimes Against Children Data System established 
     under subsection (a) shall develop, deploy, and maintain an 
     integrated technology and training program that provides--
       (1) a secure, online system for Federal law enforcement 
     agencies, ICAC task forces, and other State, local, and 
     tribal law enforcement agencies for use in resolving case 
     conflicts, as provided in subsection (d);
       (2) a secure system enabling online communication and 
     collaboration by Federal law enforcement agencies, ICAC task 
     forces, and other State, local, and tribal law enforcement 
     agencies regarding ongoing investigations, investigatory 
     techniques, best practices, and any other relevant news and 
     professional information;
       (3) a secure online data storage and analysis system for 
     use by Federal law enforcement agencies, ICAC task forces, 
     and other State, local, and tribal law enforcement agencies;
       (4) secure connections or interaction with State and local 
     law enforcement computer networks, consistent with reasonable 
     and established security protocols and guidelines;
       (5) guidelines for use of the National Internet Crimes 
     Against Children Data System by Federal, State, local, and 
     tribal law enforcement agencies and ICAC task forces; and
       (6) training and technical assistance on the use of the 
     National Internet Crimes Against Children Data System by 
     Federal, State, local, and tribal law enforcement agencies 
     and ICAC task forces.
       (g) National Internet Crimes Against Children Data System 
     Steering Committee.--The Attorney General shall establish a 
     National Internet Crimes Against Children Data System 
     Steering Committee to provide guidance to the Network 
     relating to the program under subsection (f), and to assist 
     in the development of strategic plans for the System. The 
     Steering Committee shall consist of 10 members with expertise 
     in child exploitation prevention and interdiction 
     prosecution, investigation, or prevention, including--
       (1) 3 representatives elected by the local directors of the 
     ICAC task forces, such representatives shall represent 
     different geographic regions of the country;
       (2) 1 representative of the Department of Justice Office of 
     Information Services;
       (3) 1 representative from Operation Fairplay, currently 
     hosted at the Wyoming Office of the Attorney General;
       (4) 1 representative from the law enforcement agency having 
     primary responsibility for hosting and maintaining the 
     National Internet Crimes Against Children Data System;
       (5) 1 representative of the Federal Bureau of 
     Investigation's Innocent Images National Initiative or 
     Regional Computer Forensic Lab program;
       (6) 1 representative of the Immigration and Customs 
     Enforcement's Cyber Crimes Center;
       (7) 1 representative of the United States Postal Inspection 
     Service; and
       (8) 1 representative of the Department of Justice.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated for each of the fiscal years 2009 through 
     2016, $2,000,000 to carry out the provisions of this section.

     SEC. 106. ICAC GRANT PROGRAM.

       (a) Establishment.--
       (1) In general.--The Attorney General is authorized to 
     award grants to State and local ICAC task forces to assist in 
     carrying out the duties and functions described under section 
     104.
       (2) Formula grants.--
       (A) Development of formula.--At least 75 percent of the 
     total funds appropriated to carry out this section shall be 
     available to award or otherwise distribute grants pursuant to 
     a funding formula established by the Attorney General in 
     accordance with the requirements in subparagraph (B).
       (B) Formula requirements.--Any formula established by the 
     Attorney General under subparagraph (A) shall--
       (i) ensure that each State or local ICAC task force shall, 
     at a minimum, receive an amount equal to 0.5 percent of the 
     funds available to award or otherwise distribute grants under 
     subparagraph (A); and
       (ii) take into consideration the following factors:

       (I) The population of each State, as determined by the most 
     recent decennial census performed by the Bureau of the 
     Census.
       (II) The number of investigative leads within the 
     applicant's jurisdiction generated by Operation Fairplay, the 
     ICAC Data Network, the CyberTipline, and other sources.
       (III) The number of criminal cases related to Internet 
     crimes against children referred to a task force for Federal, 
     State, or local prosecution.
       (IV) The number of successful prosecutions of child 
     exploitation cases by a task force.
       (V) The amount of training, technical assistance, and 
     public education or outreach by a task force related to the 
     prevention, investigation, or prosecution of child 
     exploitation offenses.
       (VI) Such other criteria as the Attorney General determines 
     demonstrate the level of need for additional resources by a 
     task force.

       (3) Distribution of remaining funds based on need.--
       (A) In general.--Any funds remaining from the total funds 
     appropriated to carry out this section after funds have been 
     made available to award or otherwise distribute formula 
     grants under paragraph (2)(A) shall be distributed to State 
     and local ICAC task forces based upon need, as set forth by 
     criteria established by the Attorney General. Such criteria 
     shall include the factors under paragraph (2)(B)(ii).
       (B) Matching requirement.--A State or local ICAC task force 
     shall contribute matching non-Federal funds in an amount 
     equal to not less than 25 percent of the amount of funds 
     received by the State or local ICAC task force under 
     subparagraph (A). A State or local ICAC task force that is 
     not able or willing to contribute matching funds in 
     accordance with this subparagraph shall not be eligible for 
     funds under subparagraph (A).
       (C) Waiver.--The Attorney General may waive, in whole or in 
     part, the matching requirement under subparagraph (B) if the 
     State or local ICAC task force demonstrates good cause or 
     financial hardship.
       (b) Application.--

[[Page H10245]]

       (1) In general.--Each State or local ICAC task force 
     seeking a grant under this section shall submit an 
     application to the Attorney General at such time, in such 
     manner, and accompanied by such information as the Attorney 
     General may reasonably require.
       (2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall--
       (A) describe the activities for which assistance under this 
     section is sought; and
       (B) provide such additional assurances as the Attorney 
     General determines to be essential to ensure compliance with 
     the requirements of this title.
       (c) Allowable Uses.--Grants awarded under this section may 
     be used to--
       (1) hire personnel, investigators, prosecutors, education 
     specialists, and forensic specialists;
       (2) establish and support forensic laboratories utilized in 
     Internet crimes against children investigations;
       (3) support investigations and prosecutions of Internet 
     crimes against children;
       (4) conduct and assist with education programs to help 
     children and parents protect themselves from Internet 
     predators;
       (5) conduct and attend training sessions related to 
     successful investigations and prosecutions of Internet crimes 
     against children; and
       (6) fund any other activities directly related to 
     preventing, investigating, or prosecuting Internet crimes 
     against children.
       (d) Reporting Requirements.--
       (1) ICAC reports.--To measure the results of the activities 
     funded by grants under this section, and to assist the 
     Attorney General in complying with the Government Performance 
     and Results Act (Public Law 103-62; 107 Stat. 285), each 
     State or local ICAC task force receiving a grant under this 
     section shall, on an annual basis, submit a report to the 
     Attorney General that sets forth the following:
       (A) Staffing levels of the task force, including the number 
     of investigators, prosecutors, education specialists, and 
     forensic specialists dedicated to investigating and 
     prosecuting Internet crimes against children.
       (B) Investigation and prosecution performance measures of 
     the task force, including--
       (i) the number of investigations initiated related to 
     Internet crimes against children;
       (ii) the number of arrests related to Internet crimes 
     against children; and
       (iii) the number of prosecutions for Internet crimes 
     against children, including--

       (I) whether the prosecution resulted in a conviction for 
     such crime; and
       (II) the sentence and the statutory maximum for such crime 
     under State law.

       (C) The number of referrals made by the task force to the 
     United States Attorneys office, including whether the 
     referral was accepted by the United States Attorney.
       (D) Statistics that account for the disposition of 
     investigations that do not result in arrests or prosecutions, 
     such as referrals to other law enforcement.
       (E) The number of investigative technical assistance 
     sessions that the task force provided to nonmember law 
     enforcement agencies.
       (F) The number of computer forensic examinations that the 
     task force completed.
       (G) The number of law enforcement agencies participating in 
     Internet crimes against children program standards 
     established by the task force.
       (2) Report to congress.--Not later than 1 year after the 
     date of enactment of this Act, the Attorney General shall 
     submit a report to Congress on--
       (A) the progress of the development of the ICAC Task Force 
     Program established under section 102; and
       (B) the number of Federal and State investigations, 
     prosecutions, and convictions in the prior 12-month period 
     related to child exploitation.

     SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

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

       TITLE II--ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION

     SEC. 201. ADDITIONAL REGIONAL COMPUTER FORENSIC LABS.

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

           TITLE III--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION

     SEC. 301. PROHIBIT THE BROADCAST OF LIVE IMAGES OF CHILD 
                   ABUSE.

       Section 2251 of title 18, United States Code is amended--
       (1) in subsection (a), by--
       (A) inserting ``or for the purpose of transmitting a live 
     visual depiction of such conduct'' after ``for the purpose of 
     producing any visual depiction of such conduct'';
       (B) inserting ``or transmitted'' after ``if such person 
     knows or has reason to know that such visual depiction will 
     be transported'';
       (C) inserting ``or transmitted'' after ``if that visual 
     depiction was produced''; and
       (D) inserting ``or transmitted'' after ``has actually been 
     transported''; and
       (2) in subsection (b), by--
       (A) inserting ``or for the purpose of transmitting a live 
     visual depiction of such conduct'' after ``for the purpose of 
     producing any visual depiction of such conduct'';
       (B) inserting ``or transmitted'' after ``person knows or 
     has reason to know that such visual depiction will be 
     transported'';
       (C) inserting ``or transmitted'' after ``if that visual 
     depiction was produced''; and
       (D) inserting ``or transmitted'' after ``has actually been 
     transported''.

     SEC. 302. AMENDMENT TO SECTION 2256 OF TITLE 18, UNITED 
                   STATES CODE.

       Section 2256(5) of title 18, United States Code is amended 
     by--
       (1) striking ``and'' before ``data'';
       (2) after ``visual image'' by inserting ``, and data which 
     is capable of conversion into a visual image that has been 
     transmitted by any means, whether or not stored in a 
     permanent format''.

     SEC. 303. AMENDMENT TO SECTION 2260 OF TITLE 18, UNITED 
                   STATES CODE.

       Section 2260(a) of title 18, United States Code, is amended 
     by--
       (1) inserting ``or for the purpose of transmitting a live 
     visual depiction of such conduct'' after ``for the purpose of 
     producing any visual depiction of such conduct''; and
       (2) inserting ``or transmitted'' after ``imported''.

     SEC. 304. PROHIBITING THE ADAPTATION OR MODIFICATION OF AN 
                   IMAGE OF AN IDENTIFIABLE MINOR TO PRODUCE CHILD 
                   PORNOGRAPHY.

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

     TITLE IV--NATIONAL INSTITUTE OF JUSTICE STUDY OF RISK FACTORS

     SEC. 401. NIJ STUDY OF RISK FACTORS FOR ASSESSING 
                   DANGEROUSNESS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the National Institute of Justice 
     shall prepare a report to identify investigative factors that 
     reliably indicate whether a subject of an online child 
     exploitation investigation poses a high risk of harm to 
     children. Such a report shall be prepared in consultation and 
     coordination with Federal law enforcement agencies, the 
     National Center for Missing and Exploited Children, Operation 
     Fairplay at the Wyoming Attorney General's Office, the 
     Internet Crimes Against Children Task Force, and other State 
     and local law enforcement.
       (b) Contents of Analysis.--The report required by 
     subsection (a) shall include a thorough analysis of potential 
     investigative factors in on-line child exploitation cases and 
     an appropriate examination of investigative data from prior 
     prosecutions and case files of identified child victims.
       (c) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the National Institute of 
     Justice shall submit a report to the House and Senate 
     Judiciary Committees that includes the findings of the study 
     required by this section and makes

[[Page H10246]]

     recommendations on technological tools and law enforcement 
     procedures to help investigators prioritize scarce resources 
     to those cases where there is actual hands-on abuse by the 
     suspect.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated $500,000 to the National Institute of 
     Justice to conduct the study required under this section.

         TITLE V--SECURING ADOLESCENTS FROM ONLINE EXPLOITATION

     SEC. 501. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION 
                   SERVICE PROVIDERS AND REMOTE COMPUTING SERVICE 
                   PROVIDERS.

       (a) In General.--Chapter 110 of title 18, United States 
     Code, is amended by inserting after section 2258 the 
     following:

     ``SEC. 2258A. REPORTING REQUIREMENTS OF ELECTRONIC 
                   COMMUNICATION SERVICE PROVIDERS AND REMOTE 
                   COMPUTING SERVICE PROVIDERS.

       ``(a) Duty To Report.--
       ``(1) In general.--Whoever, while engaged in providing an 
     electronic communication service or a remote computing 
     service to the public through a facility or means of 
     interstate or foreign commerce, obtains actual knowledge of 
     any facts or circumstances described in paragraph (2) shall, 
     as soon as reasonably possible--
       ``(A) provide to the CyberTipline of the National Center 
     for Missing and Exploited Children, or any successor to the 
     CyberTipline operated by such center, the mailing address, 
     telephone number, facsimile number, electronic mail address 
     of, and individual point of contact for, such electronic 
     communication service provider or remote computing service 
     provider; and
       ``(B) make a report of such facts or circumstances to the 
     CyberTipline, or any successor to the CyberTipline operated 
     by such center.
       ``(2) Facts or circumstances.--The facts or circumstances 
     described in this paragraph are any facts or circumstances 
     from which there is an apparent violation of--
       ``(A) section 2251, 2251A, 2252, 2252A, 2252B, or 2260 that 
     involves child pornography; or
       ``(B) section 1466A.
       ``(b) Contents of Report.--To the extent the information is 
     within the custody or control of an electronic communication 
     service provider or a remote computing service provider, the 
     facts and circumstances included in each report under 
     subsection (a)(1) may include the following information:
       ``(1) Information about the involved individual.--
     Information relating to the identity of any individual who 
     appears to have violated a Federal law described in 
     subsection (a)(2), which may, to the extent reasonably 
     practicable, include the electronic mail address, Internet 
     Protocol address, uniform resource locator, or any other 
     identifying information, including self-reported identifying 
     information.
       ``(2) Historical reference.--Information relating to when 
     and how a customer or subscriber of an electronic 
     communication service or a remote computing service uploaded, 
     transmitted, or received apparent child pornography or when 
     and how apparent child pornography was reported to, or 
     discovered by the electronic communication service provider 
     or remote computing service provider, including a date and 
     time stamp and time zone.
       ``(3) Geographic location information.--
       ``(A) In general.--Information relating to the geographic 
     location of the involved individual or website, which may 
     include the Internet Protocol address or verified billing 
     address, or, if not reasonably available, at least 1 form of 
     geographic identifying information, including area code or 
     zip code.
       ``(B) Inclusion.--The information described in subparagraph 
     (A) may also include any geographic information provided to 
     the electronic communication service or remote computing 
     service by the customer or subscriber.
       ``(4) Images of apparent child pornography.--Any image of 
     apparent child pornography relating to the incident such 
     report is regarding.
       ``(5) Complete communication.--The complete communication 
     containing any image of apparent child pornography, 
     including--
       ``(A) any data or information regarding the transmission of 
     the communication; and
       ``(B) any images, data, or other digital files contained 
     in, or attached to, the communication.
       ``(c) Forwarding of Report to Law Enforcement.--
       ``(1) In general.--The National Center for Missing and 
     Exploited Children shall forward each report made under 
     subsection (a)(1) to any appropriate law enforcement agency 
     designated by the Attorney General under subsection (d)(2).
       ``(2) State and local law enforcement.--The National Center 
     for Missing and Exploited Children may forward any report 
     made under subsection (a)(1) to an appropriate law 
     enforcement official of a State or political subdivision of a 
     State for the purpose of enforcing State criminal law.
       ``(3) Foreign law enforcement.--
       ``(A) In general.--The National Center for Missing and 
     Exploited Children may forward any report made under 
     subsection (a)(1) to any appropriate foreign law enforcement 
     agency designated by the Attorney General under subsection 
     (d)(3), subject to the conditions established by the Attorney 
     General under subsection (d)(3).
       ``(B) Transmittal to designated federal agencies.--If the 
     National Center for Missing and Exploited Children forwards a 
     report to a foreign law enforcement agency under subparagraph 
     (A), the National Center for Missing and Exploited Children 
     shall concurrently provide a copy of the report and the 
     identity of the foreign law enforcement agency to--
       ``(i) the Attorney General; or
       ``(ii) the Federal law enforcement agency or agencies 
     designated by the Attorney General under subsection (d)(2).
       ``(d) Attorney General Responsibilities.--
       ``(1) In general.--The Attorney General shall enforce this 
     section.
       ``(2) Designation of federal agencies.--The Attorney 
     General shall designate promptly the Federal law enforcement 
     agency or agencies to which a report shall be forwarded under 
     subsection (c)(1).
       ``(3) Designation of foreign agencies.--The Attorney 
     General shall promptly--
       ``(A) in consultation with the Secretary of State, 
     designate the foreign law enforcement agencies to which a 
     report may be forwarded under subsection (c)(3);
       ``(B) establish the conditions under which such a report 
     may be forwarded to such agencies; and
       ``(C) develop a process for foreign law enforcement 
     agencies to request assistance from Federal law enforcement 
     agencies in obtaining evidence related to a report referred 
     under subsection (c)(3).
       ``(4) Reporting designated foreign agencies.--The Attorney 
     General shall maintain and make available to the Department 
     of State, the National Center for Missing and Exploited 
     Children, electronic communication service providers, remote 
     computing service providers, the Committee on the Judiciary 
     of the Senate, and the Committee on the Judiciary of the 
     House of Representatives a list of the foreign law 
     enforcement agencies designated under paragraph (3).
       ``(5) Sense of congress regarding designation of foreign 
     agencies.--It is the sense of Congress that--
       ``(A) combating the international manufacturing, 
     possession, and trade in online child pornography requires 
     cooperation with competent, qualified, and appropriately 
     trained foreign law enforcement agencies; and
       ``(B) the Attorney General, in cooperation with the 
     Secretary of State, should make a substantial effort to 
     expand the list of foreign agencies designated under 
     paragraph (3).
       ``(6) Notification to providers.--If an electronic 
     communication service provider or remote computing service 
     provider notifies the National Center for Missing and 
     Exploited Children that the electronic communication service 
     provider or remote computing service provider is making a 
     report under this section as the result of a request by a 
     foreign law enforcement agency, the National Center for 
     Missing and Exploited Children shall--
       ``(A) if the Center forwards the report to the requesting 
     foreign law enforcement agency or another agency in the same 
     country designated by the Attorney General under paragraph 
     (3), notify the electronic communication service provider or 
     remote computing service provider of--
       ``(i) the identity of the foreign law enforcement agency to 
     which the report was forwarded; and
       ``(ii) the date on which the report was forwarded; or
       ``(B) notify the electronic communication service provider 
     or remote computing service provider if the Center declines 
     to forward the report because the Center, in consultation 
     with the Attorney General, determines that no law enforcement 
     agency in the foreign country has been designated by the 
     Attorney General under paragraph (3).
       ``(e) Failure To Report.--An electronic communication 
     service provider or remote computing service provider that 
     knowingly and willfully fails to make a report required under 
     subsection (a)(1) shall be fined--
       ``(1) in the case of an initial knowing and willful failure 
     to make a report, not more than $150,000; and
       ``(2) in the case of any second or subsequent knowing and 
     willful failure to make a report, not more than $300,000.
       ``(f) Protection of Privacy.--Nothing in this section shall 
     be construed to require an electronic communication service 
     provider or a remote computing service provider to--
       ``(1) monitor any user, subscriber, or customer of that 
     provider;
       ``(2) monitor the content of any communication of any 
     person described in paragraph (1); or
       ``(3) affirmatively seek facts or circumstances described 
     in sections (a) and (b).
       ``(g) Conditions of Disclosure Information Contained Within 
     Report.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     law enforcement agency that receives a report under 
     subsection (c) shall not disclose any information contained 
     in that report.
       ``(2) Permitted disclosures by law enforcement.--
       ``(A) In general.--A law enforcement agency may disclose 
     information in a report received under subsection (c)--
       ``(i) to an attorney for the government for use in the 
     performance of the official duties of that attorney;
       ``(ii) to such officers and employees of that law 
     enforcement agency, as may be necessary in the performance of 
     their investigative and recordkeeping functions;

[[Page H10247]]

       ``(iii) to such other government personnel (including 
     personnel of a State or subdivision of a State) as are 
     determined to be necessary by an attorney for the government 
     to assist the attorney in the performance of the official 
     duties of the attorney in enforcing Federal criminal law;
       ``(iv) if the report discloses a violation of State 
     criminal law, to an appropriate official of a State or 
     subdivision of a State for the purpose of enforcing such 
     State law;
       ``(v) to a defendant in a criminal case or the attorney for 
     that defendant, subject to the terms and limitations under 
     section 3509(m) or a similar State law, to the extent the 
     information relates to a criminal charge pending against that 
     defendant;
       ``(vi) subject to subparagraph (B), to an electronic 
     communication service provider or remote computing provider 
     if necessary to facilitate response to legal process issued 
     in connection to a criminal investigation, prosecution, or 
     post-conviction remedy relating to that report; and
       ``(vii) as ordered by a court upon a showing of good cause 
     and pursuant to any protective orders or other conditions 
     that the court may impose.
       ``(B) Limitations.--
       ``(i) Limitations on further disclosure.--The electronic 
     communication service provider or remote computing service 
     provider shall be prohibited from disclosing the contents of 
     a report provided under subparagraph (A)(vi) to any person, 
     except as necessary to respond to the legal process.
       ``(ii) Effect.--Nothing in subparagraph (A)(vi) authorizes 
     a law enforcement agency to provide child pornography images 
     to an electronic communications service provider or a remote 
     computing service.
       ``(3) Permitted disclosures by the national center for 
     missing and exploited children.--The National Center for 
     Missing and Exploited Children may disclose information 
     received in a report under subsection (a) only--
       ``(A) to any Federal law enforcement agency designated by 
     the Attorney General under subsection (d)(2);
       ``(B) to any State, local, or tribal law enforcement agency 
     involved in the investigation of child pornography, child 
     exploitation, kidnapping, or enticement crimes;
       ``(C) to any foreign law enforcement agency designated by 
     the Attorney General under subsection (d)(3); and
       ``(D) to an electronic communication service provider or 
     remote computing service provider as described in section 
     2258C.
       ``(h) Preservation.--
       ``(1) In general.--For the purposes of this section, the 
     notification to an electronic communication service provider 
     or a remote computing service provider by the CyberTipline of 
     receipt of a report under subsection (a)(1) shall be treated 
     as a request to preserve, as if such request was made 
     pursuant to section 2703(f).
       ``(2) Preservation of report.--Pursuant to paragraph (1), 
     an electronic communication service provider or a remote 
     computing service shall preserve the contents of the report 
     provided pursuant to subsection (b) for 90 days after such 
     notification by the CyberTipline.
       ``(3) Preservation of commingled images.--Pursuant to 
     paragraph (1), an electronic communication service provider 
     or a remote computing service shall preserve any images, 
     data, or other digital files that are commingled or 
     interspersed among the images of apparent child pornography 
     within a particular communication or user-created folder or 
     directory.
       ``(4) Protection of preserved materials.--An electronic 
     communications service or remote computing service preserving 
     materials under this section shall maintain the materials in 
     a secure location and take appropriate steps to limit access 
     by agents or employees of the service to the materials to 
     that access necessary to comply with the requirements of this 
     subsection.
       ``(5) Authorities and duties not affected.--Nothing in this 
     section shall be construed as replacing, amending, or 
     otherwise interfering with the authorities and duties under 
     section 2703.

     ``SEC. 2258B. LIMITED LIABILITY FOR ELECTRONIC COMMUNICATION 
                   SERVICE PROVIDERS, REMOTE COMPUTING SERVICE 
                   PROVIDERS, OR DOMAIN NAME REGISTRAR.

       ``(a) In General.--Except as provided in subsection (b), a 
     civil claim or criminal charge against an electronic 
     communication service provider, a remote computing service 
     provider, or domain name registrar, including any director, 
     officer, employee, or agent of such electronic communication 
     service provider, remote computing service provider, or 
     domain name registrar arising from the performance of the 
     reporting or preservation responsibilities of such electronic 
     communication service provider, remote computing service 
     provider, or domain name registrar under this section, 
     section 2258A, or section 2258C may not be brought in any 
     Federal or State court.
       ``(b) Intentional, Reckless, or Other Misconduct.--
     Subsection (a) shall not apply to a claim if the electronic 
     communication service provider, remote computing service 
     provider, or domain name registrar, or a director, officer, 
     employee, or agent of that electronic communication service 
     provider, remote computing service provider, or domain name 
     registrar--
       ``(1) engaged in intentional misconduct; or
       ``(2) acted, or failed to act--
       ``(A) with actual malice;
       ``(B) with reckless disregard to a substantial risk of 
     causing physical injury without legal justification; or
       ``(C) for a purpose unrelated to the performance of any 
     responsibility or function under this section, sections 
     2258A, 2258C, 2702, or 2703.
       ``(c) Minimizing Access.--An electronic communication 
     service provider, a remote computing service provider, and 
     domain name registrar shall--
       ``(1) minimize the number of employees that are provided 
     access to any image provided under section 2258A or 2258C; 
     and
       ``(2) ensure that any such image is permanently destroyed, 
     upon a request from a law enforcement agency to destroy the 
     image.

     ``SEC. 2258C. USE TO COMBAT CHILD PORNOGRAPHY OF TECHNICAL 
                   ELEMENTS RELATING TO IMAGES REPORTED TO THE 
                   CYBERTIPLINE.

       ``(a) Elements.--
       ``(1) In general.--The National Center for Missing and 
     Exploited Children may provide elements relating to any 
     apparent child pornography image of an identified child to an 
     electronic communication service provider or a remote 
     computing service provider for the sole and exclusive purpose 
     of permitting that electronic communication service provider 
     or remote computing service provider to stop the further 
     transmission of images.
       ``(2) Inclusions.--The elements authorized under paragraph 
     (1) may include hash values or other unique identifiers 
     associated with a specific image, Internet location of 
     images, and other technological elements that can be used to 
     identify and stop the transmission of child pornography.
       ``(3) Exclusion.--The elements authorized under paragraph 
     (1) may not include the actual images.
       ``(b) Use by Electronic Communication Service Providers and 
     Remote Computing Service Providers.--Any electronic 
     communication service provider or remote computing service 
     provider that receives elements relating to any apparent 
     child pornography image of an identified child from the 
     National Center for Missing and Exploited Children under this 
     section may use such information only for the purposes 
     described in this section, provided that such use shall not 
     relieve that electronic communication service provider or 
     remote computing service provider from its reporting 
     obligations under section 2258A.
       ``(c) Limitations.--Nothing in subsections (a) or (b) 
     requires electronic communication service providers or remote 
     computing service providers receiving elements relating to 
     any apparent child pornography image of an identified child 
     from the National Center for Missing and Exploited Children 
     to use the elements to stop the further transmission of the 
     images.
       ``(d) Provision of Elements to Law Enforcement.--The 
     National Center for Missing and Exploited Children shall make 
     available to Federal, State, and local law enforcement 
     involved in the investigation of child pornography crimes 
     elements, including hash values, relating to any apparent 
     child pornography image of an identified child reported to 
     the National Center for Missing and Exploited Children.
       ``(e) Use by Law Enforcement.--Any Federal, State, or local 
     law enforcement agency that receives elements relating to any 
     apparent child pornography image of an identified child from 
     the National Center for Missing and Exploited Children under 
     section (d) may use such elements only in the performance of 
     the official duties of that agency to investigate child 
     pornography crimes.

     ``SEC. 2258D. LIMITED LIABILITY FOR THE NATIONAL CENTER FOR 
                   MISSING AND EXPLOITED CHILDREN.

       ``(a) In General.--Except as provided in subsections (b) 
     and (c), a civil claim or criminal charge against the 
     National Center for Missing and Exploited Children, including 
     any director, officer, employee, or agent of such center, 
     arising from the performance of the CyberTipline 
     responsibilities or functions of such center, as described in 
     this section, section 2258A or 2258C of this title, or 
     section 404 of the Missing Children's Assistance Act (42 
     U.S.C. 5773), or from the effort of such center to identify 
     child victims may not be brought in any Federal or State 
     court.
       ``(b) Intentional, Reckless, or Other Misconduct.--
     Subsection (a) shall not apply to a claim or charge if the 
     National Center for Missing and Exploited Children, or a 
     director, officer, employee, or agent of such center--
       ``(1) engaged in intentional misconduct; or
       ``(2) acted, or failed to act--
       ``(A) with actual malice;
       ``(B) with reckless disregard to a substantial risk of 
     causing injury without legal justification; or
       ``(C) for a purpose unrelated to the performance of any 
     responsibility or function under this section, section 2258A 
     or 2258C of this title, or section 404 of the Missing 
     Children's Assistance Act (42 U.S.C. 5773).
       ``(c) Ordinary Business Activities.--Subsection (a) shall 
     not apply to an act or omission relating to an ordinary 
     business activity, including general administration or 
     operations, the use of motor vehicles, or personnel 
     management.
       ``(d) Minimizing Access.--The National Center for Missing 
     and Exploited Children shall--
       ``(1) minimize the number of employees that are provided 
     access to any image provided under section 2258A; and

[[Page H10248]]

       ``(2) ensure that any such image is permanently destroyed 
     upon notification from a law enforcement agency.

     ``SEC. 2258E. DEFINITIONS.

       ``In sections 2258A through 2258D--
       ``(1) the terms `attorney for the government' and `State' 
     have the meanings given those terms in rule 1 of the Federal 
     Rules of Criminal Procedure;
       ``(2) the term `electronic communication service' has the 
     meaning given that term in section 2510;
       ``(3) the term `electronic mail address' has the meaning 
     given that term in section 3 of the CAN-SPAM Act of 2003 (15 
     U.S.C. 7702);
       ``(4) the term `Internet' has the meaning given that term 
     in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 
     151 note);
       ``(5) the term `remote computing service' has the meaning 
     given that term in section 2711; and
       ``(6) the term `website' means any collection of material 
     placed in a computer server-based file archive so that it is 
     publicly accessible, over the Internet, using hypertext 
     transfer protocol or any successor protocol.''.
       (b) Technical and Conforming Amendments.--
       (1) Repeal of superceded provision.--Section 227 of the 
     Crime Control Act of 1990 (42 U.S.C. 13032) is repealed.
       (2) Technical corrections.--Section 2702 of title 18, 
     United States Code, is amended--
       (A) in subsection (b)(6), by striking ``section 227 of the 
     Victims of Child Abuse Act of 1990 (42 U.S.C. 13032)'' and 
     inserting ``section 2258A''; and
       (B) in subsection (c)(5), by striking ``section 227 of the 
     Victims of Child Abuse Act of 1990 (42 U.S.C. 13032)'' and 
     inserting ``section 2258A''.
       (3) Table of sections.--The table of sections for chapter 
     110 of title 18, United States Code, is amended by inserting 
     after the item relating to section 2258 the following:

``2258A. Reporting requirements of electronic communication service 
              providers and remote computing service providers.
``2258B. Limited liability for electronic communication service 
              providers and remote computing service providers.
``2258C. Use to combat child pornography of technical elements relating 
              to images reported to the CyberTipline.
``2258D. Limited liability for the National Center for Missing and 
              Exploited Children.
``2258E. Definitions.''.

     SEC. 502. REPORTS.

       (a) Attorney General Report on Implementation, 
     Investigative Methods and Information Sharing.--Not later 
     than 12 months after the date of enactment of this Act, the 
     Attorney General shall submit a report to the Committee on 
     the Judiciary of Senate and the Committee on the Judiciary of 
     the House of Representatives on--
       (1) the structure established in this Act, including the 
     respective functions of the National Center for Missing and 
     Exploited Children, Department of Justice, and other entities 
     that participate in information sharing under this Act;
       (2) an assessment of the legal and constitutional 
     implications of such structure;
       (3) the privacy safeguards contained in the reporting 
     requirements, including the training, qualifications, 
     recruitment and screening of all Federal and non-Federal 
     personnel implementing this Act; and
       (4) information relating to the aggregate number of 
     incidents reported under section 2258A(b) of title 18, United 
     States Code, to Federal and State law enforcement agencies 
     based on the reporting requirements under this Act and the 
     aggregate number of times that elements are provided to 
     communication service providers under section 2258C of such 
     title.
       (b) GAO Audit and Report on Efficiency and Effectiveness.--
     Not later than 2 years after the date of enactment of this 
     Act, the Comptroller General shall conduct an audit and 
     submit a report to the Committee on the Judiciary of the 
     Senate and to the Committee on the Judiciary of the House of 
     Representatives on--
       (1) the efforts, activities, and actions of the 
     CyberTipline of the National Center for Missing and Exploited 
     Children, or any successor to the CyberTipline, and the 
     Attorney General in achieving the goals and purposes of this 
     Act, as well as in carrying out any responsibilities or 
     duties assigned to each such individual or agency under this 
     Act;
       (2) any legislative, administrative, or regulatory changes 
     that the Comptroller General recommends be taken by or on 
     behalf of the Attorney General to better achieve such goals 
     and purposes, and to more effectively carry out such 
     responsibilities and duties;
       (3) the effectiveness of any actions taken and efforts made 
     by the CyberTipline of the National Center for Missing and 
     Exploited Children, or any successor to the CyberTipline and 
     the Attorney General to--
       (A) minimize duplicating the efforts, materials, 
     facilities, and procedures of any other Federal agency 
     responsible for the enforcement, investigation, or 
     prosecution of child pornography crimes; and
       (B) enhance the efficiency and consistency with which 
     Federal funds and resources are expended to enforce, 
     investigate, or prosecute child pornography crimes, including 
     the use of existing personnel, materials, technologies, and 
     facilities; and
       (4) any actions or efforts that the Comptroller General 
     recommends be taken by the Attorney General to reduce 
     duplication of efforts and increase the efficiency and 
     consistency with which Federal funds and resources are 
     expended to enforce, investigate, or prosecute child 
     pornography crimes.

     SEC. 503. SEVERABILITY.

       If any provision of this title or amendment made by this 
     title is held to be unconstitutional, the remainder of the 
     provisions of this title or amendments made by this title--
       (1) shall remain in full force and effect; and
       (2) shall not be affected by the holding.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Conyers) and the gentleman from Texas (Mr. Smith) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. CONYERS. Mr. Speaker, I ask unanimous consent that all Members 
have 5 days to revise and extend their remarks and include extraneous 
material.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
  Members, the PROTECT Our Children Act enhances the ability of Federal 
and State law enforcement officials to investigate and prosecute crimes 
involving the use of the Internet to further the sexual exploitation of 
children.
  Our colleague, Debbie Wasserman Schultz of Florida, is the author of 
this amendment. It passed overwhelmingly last year. And I would yield 
her as much time as she may consume.
  Ms. WASSERMAN SCHULTZ. Mr. Speaker, I rise today to urge my 
colleagues to support Senate bill 1738, the PROTECT Our Children Act of 
2008.
  Mr. Speaker, I don't have to tell you that children today are growing 
up in a completely different world than we did. Our children have 
wonderful opportunities to learn in ways that we never had, but there 
are also dangers our generation never had to consider.
  The Internet has facilitated an exploding multibillion dollar market 
for child pornography. Tragically, the demand for this criminal market 
can only be supplied by graphic new images, and these images can only 
be supplied through the sexual assault of more children.
  This bill, like its House companion, H.R. 3845, that passed the House 
overwhelmingly last November, addresses an issue that is central to the 
goals and vision of Speaker  Nancy Pelosi and the New Direction 
Congress, protecting our children.
  The Internet is a truly wonderful tool. It has opened up the world 
for our children, but it has also opened up our children to the world.
  A year ago, in June, I visited with a very special group of parents 
called the Surviving Parents Coalition, and I was not prepared for what 
they had to tell me. They shared with me their own horrific stories of 
how their children were abducted by sexual predators. As we all know, 
some of these children will never come home.
  As the mother of three young children myself, their stories broke my 
heart. And as a Member of Congress, I felt compelled to act. What 
surprised me most about these brave parents was their message; they 
told me that if we wanted to prevent predators from hurting other 
children like theirs, that the way to do it is to go back through the 
Internet and get them.
  A 2005 Justice Department study found that 80 percent of child 
pornography possessors have images and videos of children being 
sexually penetrated, another 21 percent possess images of bondage, 
sadistic abuse, and torture.
  The children depicted in these photos are very young. There are even 
Web sites that provide live pay-per-view rates of very young children. 
These images are crime scene photos created by a thriving industry that 
uses children as sexual commodities.
  Special Agent Flint Waters of the Wyoming State Police, a highly 
respected child exploitation investigator, testified at a Judiciary 
Committee hearing last year that there are nearly 500,000 identified 
individuals in the United States trafficking child pornography on the 
Internet. That's half a

[[Page H10249]]

million people right here in the United States. And law enforcement 
knows who they are and they know where they are. But what shocked me 
the most and what compelled me to get involved in this issue is that, 
due to a lack of resources, law enforcement is investigating less than 
2 percent of these known 500,000 individuals. And make no mistake, law 
enforcement knows where they are, they just don't have the resources to 
go get them.
  Even more shocking is that it is estimated that if we were to 
investigate these cases, we could actually rescue a child victim nearly 
30 percent of the time.

                              {time}  1745

  Think about that. That means there are thousands of children out 
there in America just waiting to be rescued.
  Alicia Kozakiewicz, whose testimony at last October's judiciary 
hearing moved all of us, is a living, breathing reminder of the lives 
that we can save. Alicia told us how over a period of months she was 
groomed by a 40-year-old predator pretending to be a teenage girl. When 
Alicia, who was 13 years old at the time, agreed to meet her cyber-
friend in real life, he kidnapped her from her suburban Pittsburgh 
driveway and held her captive in his Virginia dungeon where he 
performed unspeakable sexual acts upon her day after day and broadcast 
it over the Internet. Just when Alicia told us that she had given up 
all hope, she was rescued by FBI agents.
  The FBI found her because the Virginia Internet Crimes Against 
Children Task Force, or ICAC, had the technology to lift the digital 
fingerprints of this perpetrator's crimes and to discover the location 
where he had held her captive chained to the floor.
  The PROTECT Our Children Act will help provide the safety net that we 
so desperately need by giving us the resources and the coordination we 
need to bring these predators to justice. It will create statutory 
authority for these highly successful ICAC Task Forces, which support 
State and local law enforcement agencies. It will supplement this new 
local effort with hundreds of new Federal agents who will be solely 
dedicated to crimes against children. It will also provide desperately 
needed forensic crime and computer labs so agents can uncover troves of 
electronic evidence, locate these perpetrators and bring them to 
justice.
  At the October Judiciary Committee hearing, a representative from the 
FBI told us two things that boggled my mind: First, that the number of 
agents being exclusively assigned to these cases was actually 
shrinking, and second, that they are giving millions of dollars that 
Congress had appropriated to combat child pornography to programs that 
have nothing to do with child protection.
  This bill will set us on a new course by creating a National Strategy 
for Child Exploitation Prevention. And although I preferred the special 
counsel provision in the House bill, I am proud to support this measure 
because this national strategy will ensure that the Federal 
Government's efforts in this era are no longer disjointed or haphazard. 
Instead, there will finally be a person in charge at the Department of 
Justice who will report to Congress and be responsible for real 
results.
  I want to thank my House cosponsor, Ranking Member Joe Barton, for 
his leadership, his concern, and his compassion for our children and 
their safety. And thank you, Senator Biden, for your capable staff and 
for your tireless work in the Senate. Your skilled negotiations helped 
us arrive at this moment. Thank you to NCMEC President Ernie Allen and 
my good friend and colleague from Houston, Congressman Nick Lampson, 
for your improvements to the bill with the SAFE Act. And honestly, 
thank you, Oprah Winfrey and all of your viewers for every letter, 
every telephone call, every fax and every e-mail. You helped break the 
Senate logjam and proved that Congress is responsive to the people.
  Thank you, Erin Runnion, Ed Smart, Mary Kozakiewicz, names that are 
far too familiar to Americans because of the travesty that happened to 
their children, and to all the founding members of the Surviving 
Parents Coalition. When this bill got mired in petty partisan politics, 
they helped us remember what our effort was really about. It is about 
Samantha, it is about Elizabeth, and it is about Alicia. It is making 
sure we rescue every child we can and that we leave none behind. And 
thank you to Flint Waters for developing the software to locate 
predators and rescue children. Your work and the work of the ICAC Task 
Force agents across this country from Broward County, Florida to 
Wyoming, who wake up every morning, work long hours each day, only to 
go home at night knowing they don't have the resources or staffing 
power to rescue every child. The angst that must cause is unimaginable.
  Last and certainly not least, I want to commend the inexhaustible 
determination of Grier Weeks, Camille Cooper, David Keith and all our 
friends with the National Association to PROTECT Children. They kept 
our noses to the grindstone and our eyes on the prize. And we would 
never be here without their effort. They have shown us what we can do 
when Congress comes together and puts partisan differences aside.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, first of all, credit goes to the gentlewoman from 
Florida, Congresswoman Wasserman Schultz, for introducing this bill in 
the House and for advancing this piece of legislation to the point 
where we are considering it today.
  Child pornography is a reprehensible, yet profitable, global criminal 
enterprise. And it is growing rapidly in technical sophistication in 
response to efforts to detect and disrupt these criminal operations. It 
is a despicable and vicious victimization of children.
  The Internet is a virtual playground for sexual predators who satiate 
their desire for child pornography with relative anonymity. Law 
enforcement officials have identified nearly 500,000 individuals 
trafficking in child pornography over the Internet. However, due to the 
lack of resources at the Federal, State and local levels, law 
enforcement officials are able to investigate only about 2 percent of 
these child pornographers.
  S. 1738, the Combating Child Exploitation Act of 2008, will assist 
law enforcement officials with apprehending these dangerous predators. 
This legislation combines two House bills, H.R. 3845, the PROTECT Our 
Children Act and H.R. 3791, the SAFE Act, both of which passed the 
House last year with overwhelming support.
  This legislation establishes a national strategy for child 
exploitation prevention and interdiction and provides additional 
funding for the Internet Crimes Against Children Task Forces. These 
multi-jurisdictional task forces are on the front-lines of combating 
Internet child pornography. State and local agencies will now be given 
much-needed resources to combat this growing problem.
  S. 1738 also provides critical funding to expand computer forensic 
capabilities for child exploitation cases at the Regional Computer 
Forensic Labs across the country.
  Finally, title V of S. 1738, which incorporates the provisions of the 
SAFE Act, will strengthen the requirements on Internet service 
providers to report violations of child pornography laws. It also 
enhances the ability of the National Center for Missing and Exploited 
Children to collect and report suspected instances of child pornography 
to law enforcement agencies across America and around the world.
  The Internet has become a magnet for child exploitation and child 
pornography. This legislation will help deter it.
  I urge my colleagues to support the bill, and I reserve the balance 
of my time.
  Mr. CONYERS. Mr. Speaker, I'm pleased now to yield to our friend, 
Nick Lampson, the gentleman from Texas, who has worked on this subject 
for many years. And I am happy to yield him as much time as he may 
consume.
  Mr. LAMPSON. Thank you, Mr. Chairman, for allowing me to speak and 
also for the good work that has been done on this bill and everything 
that you and your committee has done.
  Mr. Speaker, I do rise today to ask my colleagues to join me in 
voting for S. 1738. This bill would authorize funds for Federal grants 
and additional FBI agents to address the problem of online exploitation 
of children as well as to establish a new anti-child-exploitation

[[Page H10250]]

office at the Department of Justice as well. And this has been combined 
with the Securing Adolescents From Online-Exploitation Act of 2007.
  The Lampson-Chabot bill, which passed this body last December, 
modernizes and expands the reporting requirements relating to child 
pornography and expands cooperation in combating child pornography. 
Last year I joined one of my cochairs on the Congressional Caucus on 
Missing and Exploited Children, Congressman Steve Chabot, in 
introducing the Securing Adolescents From Exploitation-Online, the SAFE 
Act of 2007.
  The SAFE Act provides increased resources for law enforcement to 
capture, prosecute and incarcerate these criminals. By expanding the 
system to service providers to report child pornography found on their 
systems, we improve child safety and prevent future atrocities.
  Currently Internet service providers are mandated to report child 
pornography to the National Center for Missing and Exploited Children. 
Under the SAFE Act, all electronic service communications providers and 
remote computing service providers will have to report child 
pornography. For knowingly and willingly not filing a report after 
being made aware of a child pornography image, these providers will be 
subject to increased fines of $150,000 per image per day for the first 
offense and up to $300,000 per day for any image found thereafter.
  This bill will also increase the efficiency of the CyberTipline, 
making it a better investigative tool for law enforcement by mandating 
that all information submitted by providers is consistent. The process 
outlined in this bill keeps law enforcement officials in the loop by 
making information more readily accessible and requires providers to 
retain key data that law enforcement agencies can use to investigate 
and prosecute child predators.
  Many of us have watched Dateline's popular series ``To Catch a 
Predator'' and know of organizations that actively look for Internet 
child predators. We need to become partners in this fight by talking to 
our kids about the dangers of strangers online and making Internet use 
a family activity. While parents should teach their children that the 
Internet offers many different types of resources, from entertainment 
to educational, it also poses many risks. Parents are the first line of 
defense against online predators, and the SAFE Act will reinforce their 
efforts.
  Internet companies will need to do their part too. When we begin to 
hold Web sites accountable for the images that they host, we've taken 
the first step towards supporting parents in their efforts to protect 
children. Our combined efforts will help make the Internet a safer 
place.
  I would like to extend a ``thank you'' to my colleague, Deborah 
Wasserman Schultz, for introducing the House-passed version of Senate 
bill 1738. I would also like to wish her a happy birthday. She has been 
a tireless advocate for additional funding for Internet Crimes Against 
Children Task Forces. I would also like to recognize my fellow caucus 
cochair, Steve Chabot, for championing this legislation on his side of 
the aisle and for helping to ensure that not only are Ohio's children 
protected, but all of America's children are. It is because of their 
persistent dedication to this cause that so many children and their 
parents will sleep more safely at night.
  Again I call on my colleagues to support Senate bill 1738.
  Mr. BARTON of Texas. Mr. Speaker, I stand today in support of the 
``Protect our Children Act,'' a bill that will authorize funding for 
law enforcement and the Department of Justice to fight the sexual 
exploitation of children over the Internet.
  This bill is the result of over two years of work in the House and 
the Senate on the issues relating to child sexual exploitation. When I 
was Chairman of the Energy and Commerce Committee, the Committee 
conducted a wide-ranging, comprehensive investigation of Internet child 
pornography. We had nine hearings and interviewed numerous witnesses 
involved in the fight against child sexual exploitation: Federal and 
local law enforcement, Federal and local prosecutors, victims, 
educators, Internet Service Providers, and financial institutions.
  What we learned during that investigation was shocking. At that time, 
three million images of child pornography were on the Internet. Even 
more disturbing was that law enforcement officers told the Committee 
that the images were becoming increasingly violent in nature, and that 
the victims in the photos were getting younger, some as young as two 
years old.
  The children shown in those images suffer unspeakable pain and 
suffering. While law enforcement is working to tackle the epidemic of 
abuse that existed on the Internet, it was clear to us on the Committee 
that they did not have the resources to win that fight because child 
predators were working just as diligently to continue flooding the 
Internet with images of child sexual abuse.
  I am proud to be the lead cosponsor of the House version of this 
bill, H.R. 3845, with Congresswoman Wasserman-Schultz. I would like to 
thank her for her leadership on this issue and her work to get this 
bill before us today before we adjourn. The Senate did make some 
changes to the bill we passed last November. While I wish this bill had 
increased the funding for the law enforcement agencies that work child 
pornography cases--as our House bill did--this bill provides law 
enforcement with tools it did not have before to fight those predators 
who seek to exploit and abuse children, often for their own financial 
gain.
  The bill requires that the Department of Justice develop a national 
strategy for investigating and prosecuting child exploitation cases. A 
number of law enforcement agencies are involved in investigating these 
cases: the FBI, Immigration and Customs Enforcement, the Postal 
Service, and state law enforcement. With a national strategy, the 
Justice Department must make sure that this fight is a priority, and 
that everyone is on the same page so that valuable law enforcement 
resources are not wasted when pursuing these criminals.
  A national strategy doesn't work, though, if you don't give law 
enforcement agents the resources they need. The Energy and Commerce 
Committee investigation found that just as important as the Federal law 
enforcement effort against child pornography is the effort of State and 
local law enforcement Internet Crimes Against Children, or ``ICAC'' 
task forces. The vast majority of child sexual exploitation cases are 
prosecuted at the state level, but the funding nowhere near matched the 
needs of these state task forces. By authorizing $60 million per year 
over the next five years, the Protect Our Children Act ensures that 
state ICAC agents will finally receive the support they need.
  Another key problem identified in our investigation was that law 
enforcement's ability to find and prosecute those predators who create 
and distribute child pornography was held up by a backlog at forensic 
computer labs. This is unacceptable, when the price of that backlog is 
continued child abuse. We address that problem in this bill by 
authorizing $2 million per year over the next five years to increase 
the capacity of these labs.
  The Protect Our Children Act also includes a few provisions that 
weren't part of our House bill, but I think they strengthen the bill 
and the ability of law enforcement to prosecute these cases. The bill 
makes it a crime to change a photo of a child to produce child 
pornography. In addition, the bill makes clear that it is a crime to 
transmit live, or streaming, images of child abuse over the Internet. I 
think these provisions are just common sense, and I am glad they are 
included in this bill.
  The bill also clarifies the responsibilities of Internet Service 
Providers when it comes to reporting child abuse images to the National 
Center for Missing and Exploited Children. Current law requires that 
Internet Service Providers report to the National Center, but it wasn't 
clear what information should be reported. This bill sets out what must 
be included in the reports and what the providers are required to do. 
This will ensure that law enforcement will have all the evidence the 
providers have when they pursue child predators. I think this is 
important, because our investigation showed that Internet child 
pornography is not just a law enforcement problem. If we are to win the 
war against child sexual exploitation, everyone must do his part, and 
this includes the Internet Service Providers.
  We are long overdue in authorizing the resources law enforcement 
needs to fight the battle against the sexual exploitation of children 
over the Internet. The children who have been abused by predators, and 
who have seen images of that abuse spread over the Internet, cannot 
wait one more day. We must ensure that the efforts of child predators 
are more than matched by an aggressive law enforcement strategy to 
bring these criminals to justice. Our children deserve nothing less. I 
urge my colleagues to support the Protect Our Children Act.
  Mr. CHABOT. Mr. Speaker, I rise in strong support of 1738, the 
PROTECT Act, and in particular those provisions taken from the Securing 
Adolescents From Exploitation-Online Act of 2107, which passed the 
House last December. I would like to acknowledge the efforts of the 
author of the SAFE Act, the distinguished gentleman from Texas, Mr. 
Lampson.

[[Page H10251]]

He and I have worked closely on several bills to strengthen our child 
protection laws.
  We don't have to look any farther than our homes and communities to 
see that predators are threatening and victimizing our children with 
one simple click. The Internet, while providing a world of opportunity 
to our children, has also contributed to a worldwide expansion of child 
pornography--enabling online predators to more easily abuse, exploit, 
and prey on our children.
  S. 1738 recognizes that a comprehensive strategy, one that mobilizes 
the resources of the community as well as local, state, and federal law 
enforcement, is necessary to crack down on these criminals. Moreover, 
S. 1738 recognizes that by building on the investigative tools already 
in place under the leadership of the National Center for Missing and 
Exploited Children, law enforcement officials and the public can 
provide and receive valuable information needed for ongoing 
investigations.
  I would like to thank my colleagues in both the House and Senate for 
recognizing that our laws and resources need to stay current with the 
advances made in technology. Predators know no boundaries and have used 
technology to their advantage. The PROTECT Act recognizes that a more 
comprehensive approach is needed to ensure that investigators and 
prosecutors have the tools to stay one click ahead of these criminals.
  I urge my colleagues to support passage of S. 1738.
  Mr. SMITH of Texas. Mr. Speaker, I have no other speakers on this 
bill, and I will yield back the balance of my time.
  Mr. CONYERS. I yield back the remaining time on this side.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Conyers) that the House suspend the rules 
and pass the Senate bill, S. 1738.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________