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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1738 Enrolled Bill (ENR)]

        S.1738

                       One Hundred Tenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight

                                 An Act

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

    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 
        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 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.--
        (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 
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;
                ``(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
        ``(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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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