II 

Calendar No. 862 

110TH CONGRESS 

2D SESSION S. 1738 

To establish a Special Counsel for Child Exploitation Prevention and Interdiction within the Office of the Deputy Attorney General, to improve the 

Internet Crimes Against Children Task Force, to increase resources 

for regional computer forensic labs, and to make other improvements 

to increase the ability of law enforcement agencies to investigate and 

prosecute child predators. 

IN THE SENATE OF THE UNITED STATES 

JUNE 28, 2007 

Mr. BIDEN (for himself, Mrs. BOXER, Mr. DURBIN, Mr. BAYH, Mrs. LINCOLN, Mr. HATCH, Ms. MIKULSKI, Mr. OBAMA, Mr. SCHUMER, Mrs. 

CLINTON, Mr. DORGAN, Ms. MURKOWSKI, Mr. JOHNSON, Mr. STEVENS, 

Mr. LAUTENBERG, Mr. BROWN, and Mrs. HUTCHISON) introduced the 

following bill; which was read twice and referred to the Committee on the 

Judiciary 

JULY 7, 2008 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To establish a Special Counsel for Child Exploitation Prevention and Interdiction within the Office of the Deputy 

Attorney General, to improve the Internet Crimes 

Against Children Task Force, to increase resources for 

regional computer forensic labs, and to make other imVerDate Aug 31 2005 22:32 Jul 07, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S1738.RS S1738

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provements to increase the ability of law enforcement 

agencies to investigate and prosecute child predators. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Combating Child Exploitation Act of 2007’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—SPECIAL COUNSEL FOR CHILD EXPLOITATION 

PREVENTION AND INTERDICTION 

Sec. 101. Establishment of Special Counsel for Child Exploitation Prevention 

and Interdiction. 

Sec. 102. Establishment of ICAC Task Force Program. 

Sec. 103. Purpose of ICAC Task Forces. 

Sec. 104. Duties and functions of Task Forces. 

Sec. 105. National ICAC Data Network Center. 

Sec. 106. ICAC grant program. 

Sec. 107. Authorization of appropriations. 

TITLE II—ADDITIONAL MEASURES TO COMBAT CHILD 

EXPLOITATION 

Sec. 201. Additional regional computer forensic labs. 

Sec. 202. Enhanced authority to investigate Internet crimes against children. 

Sec. 203. Additional field agents for the FBI. 

Sec. 204. Immigrations and customs enforcement enhancement. 

Sec. 205. Combating trafficking via the United States Postal Service. 

Sec. 206. Accountability provisions for child exploitation prevention and interdiction. 

Sec. 207. Truth in sentencing report. 

8 SEC. 2. FINDINGS. 

9 Congress finds the following: 

10 (1) The Internet has facilitated the growth of 

11 a multi-billion dollar global market for images and 


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1 video of children being sexually-displayed, raped, and 

2 tortured, far exceeding law enforcement’s capacity to 

3 respond at the Federal, State, and local level. 

4 (2) The explosion of child pornography traf5 ficking is claiming very young victims. Research by 

6 the Department of Justice, the University of New 

7 Hampshire, and the National Center for Missing 

8 and Exploited Children indicates that among those 

9 arrested for possession of child pornography, 83 per10 cent have images of children 6-12 years old, 39 per11 cent have images of children 3-5 years old, and 19 

12 percent have images of children under the age of 3 

13 years old. 

14 (3) The images and videos being trafficked typi15 cally depict sexual assaults that are both graphic 

16 and brutal. The same research indicates that 80 per17 cent of known child pornography possessors have im18 ages of children being sexually penetrated and 21 

19 percent have images depicting children bound, 

20 gagged, blindfolded, or ‘‘otherwise enduring sadistic 

21 sex.’’ Just 1 percent restricted their collecting to im22 ages of simple child nudity. 

23 (4) Millions of American children and teens are 

24 at risk from sexual predators who are hunting, 

25 stalking, and luring minors online. Along with the 


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1 incredible access to the world offered our children by 

2 the Internet, the Internet also offers the world ac3 cess to our children. 

4 (5) The Internet Crimes Against Children Task 

5 Force program (‘‘ICAC Program’’) of the Depart6 ment of Justice has identified millions of child por7 nography transactions involving images and video of 

8 child sexual assault from millions of computer IP 

9 addresses worldwide. 

10 (6) The ICAC Program has been highly suc11 cessful in creating and sustaining an emerging na12 tional network of 46 Federal, State, and local task 

13 forces, which form the backbone of America’s na14 tional readiness to combat child exploitation. 

15 (7) In testimony before Congress, law enforce16 ment experts have expressed consensus that lack of 

17 dedicated forensic analysis capacity is a severe prob18 lem at the Federal, State, and local level, severely 

19 limiting the number of predators that can be inter20 dicted and children that can be identified and res21 cued. 

22 (8) The Federal Bureau of Investigation, the 

23 Department of Immigrations and Customs Enforce24 ment, and the United States Postal Inspection Serv25 ice have each developed highly specialized and sucVerDate Aug 31 2005 22:32 Jul 07, 2008 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1738.RS S1738

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1 cessful child exploitation investigative capabilities, 

2 yet these agencies have testified to Congress that 

3 they must triage the overwhelming number of child 

4 exploitation crimes and cannot investigate a large 

5 percentage of known crimes. 

6 (9) Child pornography and online child entice7 ment crimes have among the highest conviction rates 

8 of any child sexual offense, and the Department of 

9 Justice funded research indicates that the majority 

10 of child pornography offenders have committed or 

11 attempted direct sexual contact offenses against chil12 dren. Investigating and prosecuting these predators 

13 is thus one of the most concrete and measurable 

14 strategies for the prevention of future child sexual 

15 abuse. 

16 SEC. 3. DEFINITIONS. 

17 In this Act, the following definitions shall apply: 

18 (1) CHILD EXPLOITATION.—The term ‘‘child 

19 exploitation’’ means any conduct, or an attempt or 

20 conspiracy to commit such conduct, constituting 

21 criminal sexual abuse of a minor, sexual exploitation 

22 of a minor, abusive sexual contact of a minor, sexu23 ally explicit conduct with a minor, or any similar of24 fense under Federal or State law. 


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1 (2) MINOR.—The term ‘‘minor’’ means any per2 son under the age of 18 years. 

3 (3) SEXUALLY EXPLICIT CONDUCT.—The term 

4 ‘‘sexually explicit conduct’’ has the meaning as in 

5 section 2256 of title 18, United States Code. 

6 TITLE I—SPECIAL COUNSEL FOR 

7 CHILD EXPLOITATION PRE8 VENTION AND INTERDICTION 

9 SEC. 101. ESTABLISHMENT OF SPECIAL COUNSEL FOR 

10 CHILD EXPLOITATION PREVENTION AND 

11 INTERDICTION. 

12 (a) IN GENERAL.—The Attorney General shall ap13 point a Special Counsel for Child Exploitation Prevention 

14 and Interdiction within the Office of the Deputy Attorney 

15 General. 

16 (b) DUTIES OF THE SPECIAL COUNSEL.—The Spe17 cial Counsel appointed under subsection (a) shall have the 

18 following duties: 

19 (1) Coordinating the policies and strategies of 

20 the Department of Justice related to the prevention 

21 and investigation of child exploitation cases, includ22 ing the policies and strategies of the Office of Jus23 tice Programs, the Criminal Division of the Depart24 ment of Justice, the Executive Office of United 

25 States Attorneys, the Federal Bureau of InvestigaVerDate Aug 31 2005 22:32 Jul 07, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1738.RS S1738

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1 tion, and any other agency or bureau of the Depart2 ment of Justice whose activities relate to child ex3 ploitation cases. 

4 (2) Pursuing memorandums of understanding 

5 or other interagency agreements related to the pre6 vention, investigation, and apprehension of individ7 uals exploiting children, including seeking coopera8 tion and collaboration with— 

9 (A) the Bureau of Immigration and Cus10 toms Enforcement; 

11 (B) the Department of State; 

12 (C) the Department of Commerce; 

13 (D) the Department of Education; and 

14 (E) other Federal agencies. 

15 (3) Directing and overseeing the ICAC Task 

16 Force Program established under section 102. 

17 (4) Directing and overseeing the National Inter18 net Crimes Against Children Data Network Center 

19 established under section 105. 

20 (5) Directing and overseeing the ICAC grant 

21 program established under section 106. 

22 (6) Coordinating technical assistance to Fed23 eral, State, local, and tribal law enforcement agen24 cies in the prevention, investigation, and prosecution 

25 of child exploitation crimes. 


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1 (7) Coordinating training to Federal, State, 

2 local, and tribal law enforcement agencies in the pre3 vention, investigation, and prosecution of child ex4 ploitation crimes. 

5 (8) Coordinating training and technical assist6 ance to Federal, State, local, and tribal on forensic 

7 computer examination and analysis. 

8 (9) Directing and overseeing programs for child 

9 exploitation prevention and education, including pro10 grams related to Internet safety. 

11 (10) Maintaining liaison with the judicial 

12 branches of the Federal and State Governments on 

13 matters relating to child exploitation. 

14 (11) Providing information to the President, 

15 the Congress, the judiciary, State, local, and tribal 

16 governments, and the general public on matters re17 lating to child exploitation. 

18 (12) Serving, at the request of the Attorney 

19 General, as the representative of the Department of 

20 Justice on domestic task forces, committees, or com21 missions addressing policy or issues relating to child 

22 exploitation. 

23 (13) Serving, at the request of the President, 

24 acting through the Attorney General, as the rep25 resentative of the United States Government on 


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1 human rights and economic justice matters related 

2 to child exploitation in international fora, including 

3 the United Nations. 

4 (14) Providing technical assistance, coordina5 tion, and support to— 

6 (A) other components of the Department 

7 of Justice, in efforts to develop policy and to 

8 enforce Federal laws relating to child exploi9 tation cases, including the litigation of civil and 

10 criminal actions relating to enforcing such laws; 

11 (B) other Federal, State, local, and tribal 

12 agencies, in efforts to develop policy, provide 

13 technical assistance, and improve coordination 

14 among agencies carrying out efforts to elimi15 nate child exploitation; and 

16 (C) grantees, in efforts to combat child ex17 ploitation and to provide support and assistance 

18 to victims of such exploitation. 

19 SEC. 102. ESTABLISHMENT OF ICAC TASK FORCE PRO20 GRAM. 

21 (a) ESTABLISHMENT.—There is established within 

22 the Office of Justice Programs in the Department of Jus23 tice, under the general authority of the Attorney General, 

24 an Internet Crimes Against Children Task Force (herein25 after in this title referred to as the ‘‘ICAC Task Force’’), 


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1 which shall consist of a national program of State and 

2 local law enforcement task forces dedicated to developing 

3 effective responses to online enticement of children by sex4 ual predators, child exploitation, and child obscenity and 

5 pornography cases. 

6 (b) NATIONAL PROGRAM.—The national ICAC Task 

7 Force program required under subsection (a) shall consist 

8 of at least 1 ICAC task force in each State. 

9 SEC. 103. PURPOSE OF ICAC TASK FORCES. 

10 The ICAC Task Force, and each State or local ICAC 

11 task force that is part of the national program of task 

12 forces shall be dedicated towards— 

13 (1) increasing the investigative capabilities of 

14 State and local law enforcement officers in the de15 tection, investigation, and apprehension of Internet 

16 crimes against children offenses or offenders, includ17 ing technology-facilitated child exploitation offenses; 

18 (2) conducting proactive and reactive Internet 

19 crimes against children investigations; 

20 (3) providing training and technical assistance 

21 to ICAC Task Forces and other Federal, State, and 

22 local law enforcement agencies in the areas of inves23 tigations, forensics, prosecution, community out24 reach, and capacity-building, using recognized exVerDate Aug 31 2005 22:32 Jul 07, 2008 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S1738.RS S1738

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1 perts to assist in the development and delivery of 

2 training programs; 

3 (4) increasing the number of Internet crimes 

4 against children offenses being prosecuted in both 

5 Federal and State courts; 

6 (5) creating a multiagency task force response 

7 to Internet crimes against children offenses within 

8 each State; 

9 (6) enhancing nationwide responses to Internet 

10 crimes against children offenses, including assisting 

11 other ICAC task forces, as well as other Federal, 

12 State, and local agencies with Internet crimes 

13 against children investigations and prosecutions; 

14 (7) developing and delivering Internet crimes 

15 against children public awareness and prevention 

16 programs; and 

17 (8) participating in such other activities, both 

18 proactive and reactive, that will enhance investiga19 tions and prosecutions of Internet crimes against 

20 children. 

21 SEC. 104. DUTIES AND FUNCTIONS OF TASK FORCES. 

22 Each State or local ICAC task force that is part of 

23 the national program of task forces shall— 

24 (1) consist of State and local investigators, 

25 prosecutors, forensic specialists, and education speVerDate Aug 31 2005 22:32 Jul 07, 2008 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S1738.RS S1738

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1 cialists who are dedicated full-time to address the 

2 goals of such task force; 

3 (2) work consistently towards achieving the 

4 purposes described in section 103; 

5 (3) engage in proactive investigations, forensic 

6 examinations, and effective prosecutions of Internet 

7 crimes against children; 

8 (4) provide forensic, preventive, and investiga9 tive assistance to parents, educators, prosecutors, 

10 law enforcement, and others concerned with Internet 

11 crimes against children; 

12 (5) develop multijurisdictional, multiagency re13 sponses and partnerships to Internet crimes against 

14 children offenses through ongoing informational, ad15 ministrative, and technological support to other 

16 State and local law enforcement agencies, as a 

17 means for such agencies to acquire the necessary 

18 knowledge, personnel, and specialized equipment to 

19 investigate and prosecute such offenses; 

20 (6) fully participate in any nationally coordi21 nated investigation, as requested by the Attorney 

22 General; 

23 (7) establish investigative and prosecution 

24 standards, consistent with established norms, to 

25 which that task force shall comply; 


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1 (8) investigate, and seek prosecution on, tips 

2 related to Internet crimes against children, including 

3 tips from other law enforcement agencies, ICAC task 

4 forces, the National Center for Missing and Ex5 ploited Children, and other Federal, State, and local 

6 agencies; 

7 (9) develop procedures for handling seized evi8 dence; 

9 (10) maintain such reports and records as are 

10 required under this title; and 

11 (11) seek to comply with national standards re12 garding the investigation and prosecution of Internet 

13 crimes against children, as set forth by the Attorney 

14 General, to the extent such standards are consistent 

15 with the law of the State where the task force is lo16 cated. 

17 SEC. 105. NATIONAL ICAC DATA NETWORK CENTER. 

18 (a) IN GENERAL.—The Attorney General shall estab19 lish a National Internet Crimes Against Children Data 

20 Network Center. 

21 (b) PURPOSE OF CENTER.—The National Internet 

22 Crimes Against Children Data Network Center established 

23 under subsection (a) shall be dedicated to assisting— 

24 (1) the ICAC Task Force Program established 

25 under this title; and 


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1 (2) Federal, State, local, and tribal agencies in2 vestigating and prosecuting child exploitation. 

3 (c) MANDATORY REQUIREMENTS FOR CENTER.— 

4 The National Internet Crimes Against Children Data Net5 work Center established under subsection (a) shall develop 

6 and maintain an integrated technology and training pro7 gram that provides— 

8 (1) a secure, online information-sharing and 

9 case management system for use by ICAC Task 

10 Forces, Federal law enforcement agencies, and other 

11 State and local law enforcement agencies; 

12 (2) a secure, online system for resolving case 

13 conflicts, for use by ICAC Task Forces, Federal law 

14 enforcement agencies, and other State and local law 

15 enforcement agencies; 

16 (3) a secure intelligence data storage and anal17 ysis system for use by ICAC Task Forces, Federal 

18 law enforcement agencies, and other State and local 

19 law enforcement agencies; 

20 (4) guidelines for the use of such Data Network 

21 by Federal, State, and local law enforcement agen22 cies; and 

23 (5) training and technical assistance on the use 

24 of such Data Network by Federal, State, and local 

25 law enforcement agencies. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated for each of the fiscal 

3 years 2008 through 2015, $2,000,000 to carry out the 

4 provisions of this section, including for— 

5 (1) the establishment of the National Internet 

6 Crimes Against Children Data Network Center; and 

7 (2) the costs of operating and maintaining such 

8 Center. 

9 SEC. 106. ICAC GRANT PROGRAM. 

10 (a) ESTABLISHMENT.— 

11 (1) IN GENERAL.—The Attorney General is au12 thorized to award grants to State and local ICAC 

13 task forces to assist in carrying out the duties and 

14 functions described under section 104. 

15 (2) FORMULA.— 

16 (A) ATTORNEY GENERAL TO DEVELOP.— 

17 At least 75 percent of the total funds appro18 priated for grants under paragraph (1) shall be 

19 awarded or otherwise distributed pursuant to a 

20 funding formula established by the Attorney 

21 General. 

22 (B) BASELINE AMOUNT.—Any formula es23 tablished by the Attorney General under sub24 paragraph (A), shall— 


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1 (i) ensure that each State or local 

2 ICAC task force shall, at a minimum, re3 ceive an amount equal to 1 percent of the 

4 total funds appropriated for grants under 

5 paragraph (1); and 

6 (ii) take into consideration the fol7 lowing factors: 

8 (I) The population of each State, 

9 as determined by the most recent de10 cennial census performed by the Bu11 reau of the Census. 

12 (II) The number of investigative 

13 leads generated by the integrated 

14 technology system of each ICAC Task 

15 Force. 

16 (III) The number of Internet 

17 crimes against children criminal cases 

18 referred by a task force for Federal, 

19 State, or local prosecution. 

20 (IV) The number of successful 

21 prosecutions of child exploitation 

22 cases by a task force. 

23 (V) Such other criteria as the At24 torney General determines demVerDate Aug 31 2005 22:32 Jul 07, 2008 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6401 E:\BILLS\S1738.RS S1738

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1 onstrates the level of need for addi2 tional resources by a task force. 

3 (C) REMAINING FUNDS.— 

4 (i) IN GENERAL.—The funds remain5 ing for grants under this section after allo6 cation of the baseline amounts under sub7 paragraph (B) shall be distributed to State 

8 and local ICAC task forces based upon 

9 need, as set forth by criteria established by 

10 the Attorney General. Such criteria shall 

11 include: 

12 (I) The population of each State, 

13 as determined by the most recent de14 cennial census performed by the Bu15 reau of the Census. 

16 (II) The number of investigative 

17 leads generated by the integrated 

18 technology system of each ICAC Task 

19 Force. 

20 (III) The number of Internet 

21 crimes against children criminal cases 

22 referred by a task force for Federal, 

23 State, or local prosecution. 


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1 (IV) The number of successful 

2 prosecutions of child exploitation 

3 cases by a task force. 

4 (V) Such other criteria as the At5 torney General determines dem6 onstrates the level of need for addi7 tional resources by a task force. 

8 (ii) MATCHING REQUIREMENT.—To 

9 be eligible to receive any remaining grant 

10 funds under this subparagraph, a State or 

11 local ICAC task force shall contribute 

12 matching non-Federal funds in an amount 

13 equal to not less than 25 percent of the 

14 total amount of the grant. 

15 (b) APPLICATION.— 

16 (1) IN GENERAL.—Each State or local ICAC 

17 task force seeking a grant under this section shall 

18 submit an application to the Attorney General at 

19 such time, in such manner, and accompanied by 

20 such information as the Attorney General may rea21 sonably require. 

22 (2) CONTENTS.—Each application submitted 

23 pursuant to paragraph (1) shall— 

24 (A) describe the activities for which assist25 ance under this section is sought; and 


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1 (B) provide such additional assurances as 

2 the Attorney General determines to be essential 

3 to ensure compliance with the requirements of 

4 this title. 

5 (c) ALLOWABLE USES.—Grants awarded under this 

6 section may be used to— 

7 (1) hire personnel, investigators, prosecutors, 

8 education specialists, and forensic specialists; 

9 (2) establish and support forensic laboratories 

10 utilized in Internet crimes against children investiga11 tions; 

12 (3) support investigations and prosecutions of 

13 Internet crimes against children; 

14 (4) conduct and assist with education programs 

15 to help children and parents protect themselves from 

16 Internet predators; 

17 (5) conduct and attend training sessions related 

18 to successful investigations and prosecutions of 

19 Internet crimes against children; and 

20 (6) fund any other activities directly related to 

21 preventing, investigating, or prosecuting Internet 

22 crimes against children. 

23 (d) REPORTING REQUIREMENTS.— 

24 (1) ICAC REPORTS.—To measure the results of 

25 the activities funded by grants under this section, 


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1 and to assist the Attorney General in complying with 

2 the Government Performance and Results Act (Pub3 lic Law 103–62; 107 Stat. 285), each State or local 

4 ICAC task force receiving a grant under this section 

5 shall, on an annual basis, submit a report to the At6 torney General that sets forth the following: 

7 (A) Staffing levels of the task force, in8 cluding the number of investigators, prosecu9 tors, education specialists, and forensic special10 ists dedicated to investigating and prosecuting 

11 Internet crimes against children. 

12 (B) Investigation and prosecution perform13 ance measures of the task force, including— 

14 (i) the number of Internet crimes 

15 against children related arrests; 

16 (ii) the number of prosecutions for 

17 Internet crimes against children, includ18 ing— 

19 (I) whether the prosecution re20 sulted in a conviction for such crime; 

21 and 

22 (II) the sentence and the statu23 tory maximum for such crime under 

24 State law. 


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1 (C) The number of referrals made by the 

2 task force to the United States Attorneys office, 

3 including whether the referral was accepted by 

4 the United States Attorney. 

5 (D) The number of investigative technical 

6 assistance sessions that the task force provided 

7 to non-member law enforcement agencies. 

8 (E) The number of computer forensic ex9 aminations that the task force completed. 

10 (F) The number of law enforcement agen11 cies participating in Internet crimes against 

12 children program standards established by the 

13 task force. 

14 (2) REPORT TO CONGRESS.—Not later than 1 

15 year after the date of enactment of this Act, the At16 torney General shall submit a report to Congress 

17 on— 

18 (A) the progress of the development of the 

19 ICAC Task Forces established under this title; 

20 and 

21 (B) the number of Federal and State in22 vestigations, prosecutions, and convictions in 

23 the prior 12-month period related to child ex24 ploitation. 


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1 SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There are authorized to be appro3 priated to carry out this title— 

4 (1) $60,000,000 for fiscal year 2008; 

5 (2) $75,000,000 for fiscal year 2009; 

6 (3) $75,000,000 for fiscal year 2010; 

7 (4) $75,000,000 for fiscal year 2011; 

8 (5) $75,000,000 for fiscal year 2012; 

9 (6) $75,000,000 for fiscal year 2013; 

10 (7) $100,000,000 for fiscal year 2014; and 

11 (8) $100,000,000 for fiscal year 2015. 

12 (b) AVAILABILITY.—Funds appropriated under sub13 section (a) shall remain available until expended. 

14 TITLE II—ADDITIONAL MEAS15 URES TO COMBAT CHILD EX16 PLOITATION 

17 SEC. 201. ADDITIONAL REGIONAL COMPUTER FORENSIC 

18 LABS. 

19 (a) ADDITIONAL RESOURCES.—The Attorney shall 

20 establish additional computer forensic capacity to address 

21 the current backlog for computer forensics, including for 

22 child exploitation investigations. The Attorney General 

23 may utilize funds under this title to establish new regional 

24 computer forensic laboratories within the Regional Com25 puter Forensic Laboratories Program operated by the 


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1 Federal Bureau of Investigation or may increase capacity 

2 at existing laboratories. 

3 (b) NEW COMPUTER FORENSIC LABS.—If the Attor4 ney General determines that new regional computer foren5 sic laboratories are needed under subsection (a) to address 

6 existing backlogs, such new laboratories shall be estab7 lished pursuant to subsection (d). 

8 (c) PURPOSE OF NEW RESOURCES.—The additional 

9 forensic capacity established by the resources provided 

10 under this section shall prioritize its activities to assist 

11 Federal agencies, State and local Internet Crimes Against 

12 Children task forces, and other Federal, State, and local 

13 law enforcement agencies in preventing, investigating, and 

14 prosecuting Internet crimes against children. 

15 (d) PURPOSE OF NEW ADDITIONAL CAPACITY.—The 

16 location of any new regional computer forensic labora17 tories under this section shall be determined by the Attor18 ney General, in consultation with the Director of the Fed19 eral Bureau of Investigation, the Regional Computer Fo20 rensic Laboratory National Steering Committee, and other 

21 relevant stakeholders. 

22 (e) REPORT.—Not later than 1 year after the date 

23 of enactment of this Act, and every year thereafter, the 

24 Attorney General shall submit a report to the Congress 


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1 on how the funds appropriated under this section were uti2 lized. 

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated for fiscal years 2008 

5 through 2015, $7,00,000 to carry out the provisions of 

6 this section. 

7 SEC. 202. ENHANCED AUTHORITY TO INVESTIGATE INTER8 NET CRIMES AGAINST CHILDREN. 

9 Section 2516(2) of title 18, United States Code, is 

10 amended by inserting ‘‘or crimes against children, includ11 ing child exploitation, child obscenity, or other crimes dan12 gerous to the life, limb, and well-being of minor children,’’ 

13 after ‘‘other dangerous drugs,’’. 

14 SEC. 203. ADDITIONAL FIELD AGENTS FOR THE FBI. 

15 (a) IN GENERAL.—There are authorized to be appro16 priated to the Attorney General $20,000,000, for each of 

17 the fiscal years 2008 through 2009, and $25,000,000 for 

18 each of fiscal years 2010 through 2015, to fund the hiring 

19 of full-time Federal Bureau of Investigation field agents 

20 and associated analysts and support staff in addition to 

21 the number of such employees serving in those capacities 

22 on the date of enactment of this Act. 

23 (b) SOLE PURPOSE.—The sole purpose of the addi24 tional staff required to be hired under subsection (a) is 

25 to work on child exploitation cases as part of the Federal 


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1 Bureau of Investigation’s Innocent Images National Ini2 tiative. 

3 SEC. 204. IMMIGRATIONS AND CUSTOMS ENFORCEMENT 

4 ENHANCEMENT. 

5 (a) ADDITIONAL AGENTS.—There are authorized to 

6 be appropriated to the Secretary of Homeland Security 

7 $15,000,000, for each of the fiscal years 2008 through 

8 2015, to fund the hiring of full-time agents and associated 

9 analysts and support staff within the Bureau of Immigra10 tion and Customs Enforcement in addition to the number 

11 of such employees serving in those capacities on the date 

12 of enactment of this Act. 

13 (b) SOLE PURPOSE.—The sole purpose of the addi14 tional staff required to be hired under subsection (a) is 

15 to work on child exploitation and child obscenity cases. 

16 SEC. 205. COMBATING TRAFFICKING VIA THE UNITED 

17 STATES POSTAL SERVICE. 

18 (a) IN GENERAL.—There are authorized to be appro19 priated to the Postmaster General $5,000,000, for each 

20 of the fiscal years 2008 through 2015, to fund the hiring 

21 of full-time agents and associated analysts and support 

22 staff in addition to the number of such employees serving 

23 in those capacities on the date of enactment of this Act. 


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1 (b) SOLE PURPOSE.—The sole purpose of the addi2 tional staff required to be hired under subsection (a) is 

3 to work on child exploitation and child obscenity cases. 

4 SEC. 206. ACCOUNTABILITY PROVISIONS FOR CHILD EX5 PLOITATION PREVENTION AND INTERDIC6 TION. 

7 The Attorney General, in consultation with the Sec8 retary of Homeland Security and the Postmaster General, 

9 shall report to the Committees on the Judiciary of the 

10 Senate and House of Representatives and any other rel11 evant committee of jurisdiction, on an annual basis, on 

12 the resources (agents, forensic labs, prosecutors, etc.) 

13 being utilized by such agencies to investigate and pros14 ecute child exploitation and child obscenity cases, includ15 ing the resources established under this title, the Adam 

16 Walsh Child Protection and Safety Act of 2006 (Public 

17 Law 109–248; 120 Stat. 587), and any other law related 

18 to combating child exploitation and child obscenity. 

19 SEC. 207. TRUTH IN SENTENCING REPORT. 

20 Not later than 1 year after the date of enactment 

21 of this Act, the Comptroller General of the United States 

22 shall conduct a study and report to Congress on the efforts 

23 to combat child exploitation at the Federal, State, and 

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1 tences for child sex offenders and the length of time served 

2 for each individual child sex offender. 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Combating Child Exploitation Act of 2008’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—NATIONAL STRATEGY FOR CHILD EXPLOITATION 

PREVENTION AND INTERDICTION 

Sec. 101. Establishment of National Strategy for Child Exploitation Prevention 

and Interdiction. 

Sec. 102. Establishment of National ICAC Task Force Program. 

Sec. 103. Purpose of ICAC task forces. 

Sec. 104. Duties and functions of task forces. 

Sec. 105. National Internet Crimes Against Children Data System. 

Sec. 106. ICAC grant program. 

Sec. 107. Authorization of appropriations. 

TITLE II—ADDITIONAL MEASURES TO COMBAT CHILD 

EXPLOITATION 

Sec. 201. Additional regional computer forensic labs. 

Sec. 202. Additional field agents for the FBI. 

Sec. 203. Immigration and customs enforcement enhancement. 

Sec. 204. Combating child exploitation via the United States Postal Service. 

TITLE III—EFFECTIVE CHILD PORNOGRAPHY PROSECUTION 

Sec. 301. Effective child pornography prosecution. 

Sec. 302. Prohibit the broadcast of live images of child abuse. 

Sec. 303. Amendment to section 2256 of title 18, United States Code. 

Sec. 304. Amendment to section 2260 of title 18, United States Code. 

Sec. 305. Prohibiting the alteration of an image of a real child to create an image 

of sexually explicit conduct. 

Sec. 306. Referrals to authorized foreign law enforcement agencies. 

TITLE IV—NATIONAL INSTITUTE OF JUSTICE STUDY OF RISK 

FACTORS 

Sec. 401. NIJ Study of Risk Factors for Assessing Dangerousness. 

8 SEC. 2. DEFINITIONS. 

9 In this Act, the following definitions shall apply: 


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1 (1) CHILD EXPLOITATION.—The term ‘‘child ex2 ploitation’’ means any conduct, attempted conduct, or 

3 conspiracy to engage in conduct involving a minor 

4 that violates section 1591, chapter 109A, chapter 110, 

5 and chapter 117 of title 18, United States Code, or 

6 any sexual activity involving a minor for which any 

7 person can be charged with a criminal offense. 

8 (2) CHILD OBSCENITY.—The term ‘‘child obscen9 ity’’ means any visual depiction proscribed by section 

10 1466A of title 18, United States Code. 

11 (3) MINOR.—The term ‘‘minor’’ means any per12 son under the age of 18 years. 

13 (4) SEXUALLY EXPLICIT CONDUCT.—The term 

14 ‘‘sexually explicit conduct’’ has the meaning given 

15 such term in section 2256 of title 18, United States 

16 Code. 


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1 TITLE I—NATIONAL STRATEGY 

2 FOR CHILD EXPLOITATION 

3 PREVENTION AND INTERDIC4 TION 

5 SEC. 101. ESTABLISHMENT OF NATIONAL STRATEGY FOR 

6 CHILD EXPLOITATION PREVENTION AND 

7 INTERDICTION. 

8 (a) IN GENERAL.—The Attorney General of the United 

9 States shall create and implement a National Strategy for 

10 Child Exploitation Prevention and Interdiction. 

11 (b) TIMING.—Not later than February 1 of each year, 

12 the Attorney General shall submit to Congress the National 

13 Strategy established under subsection (a). 

14 (c) REQUIRED CONTENTS OF NATIONAL STRATEGY.— 

15 The National Strategy established under subsection (a) shall 

16 include the following: 

17 (1) Comprehensive long-range, goals for reducing 

18 child exploitation. 

19 (2) Annual measurable objectives and specific 

20 targets to accomplish long-term, quantifiable goals 

21 that the Attorney General determines may be achieved 

22 during each year beginning on the date when the Na23 tional Strategy is submitted. 

24 (3) Annual budget priorities and Federal efforts 

25 dedicated to combating child exploitation, including 


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1 resources dedicated to Internet Crimes Against Chil2 dren task forces, Project Safe Childhood, FBI Inno3 cent Images Initiative, the National Center for Miss4 ing and Exploited Children, regional forensic com5 puter labs, Internet Safety programs, and all other 

6 entities whose goal or mission is to combat the exploi7 tation of children that receive Federal support. 

8 (4) A 5-year projection for program and budget 

9 goals and priorities. 

10 (5) A review of the policies and work of the De11 partment of Justice related to the prevention and in12 vestigation of child exploitation crimes, including ef13 forts at the Office of Justice Programs, the Criminal 

14 Division of the Department of Justice, the Executive 

15 Office of United States Attorneys, the Federal Bureau 

16 of Investigation, the Office of the Attorney General, 

17 the Office of the Deputy Attorney General, the Office 

18 of Legal Policy, and any other agency or bureau of 

19 the Department of Justice whose activities relate to 

20 child exploitation. 

21 (6) A description of the Department’s efforts to 

22 coordinate with international, State, local, tribal law 

23 enforcement, and private sector entities on child ex24 ploitation prevention and interdiction efforts. 


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1 (7) Plans for interagency coordination regarding 

2 the prevention, investigation, and apprehension of in3 dividuals exploiting children, including cooperation 

4 and collaboration with— 

5 (A) Immigration and Customs Enforce6 ment; 

7 (B) the United States Postal Inspection 

8 Service; 

9 (C) the Department of State; 

10 (D) the Department of Commerce; 

11 (E) the Department of Education; 

12 (F) the Department of Health and Human 

13 Services; and 

14 (G) other appropriate Federal agencies. 

15 (8) A review of the Internet Crimes Against 

16 Children Task Force Program, including— 

17 (A) the number of ICAC task forces and lo18 cation of each ICAC task force; 

19 (B) the number of trained personnel at each 

20 ICAC task force; 

21 (C) the amount of Federal grants awarded 

22 to each ICAC task force; 

23 (D) an assessment of the Federal, State, and 

24 local cooperation in each task force, including— 


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1 (i) the number of arrests made by each 

2 task force; 

3 (ii) the number of criminal referrals to 

4 United States attorneys for prosecution; 

5 (iii) the number of prosecutions and 

6 convictions from the referrals made under 

7 clause (ii); 

8 (iv) the number, if available, of local 

9 prosecutions and convictions based on ICAC 

10 task force investigations; and 

11 (v) any other information dem12 onstrating the level of Federal, State, and 

13 local coordination and cooperation, as such 

14 information is to be determined by the At15 torney General; 

16 (E) an assessment of the training opportu17 nities and technical assistance available to sup18 port ICAC task force grantees; and 

19 (F) an assessment of the success of the 

20 Internet Crimes Against Children Task Force 

21 Program at leveraging State and local resources 

22 and matching funds. 

23 (9) An assessment of the technical assistance and 

24 support available for Federal, State, local, and tribal 


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1 law enforcement agencies, in the prevention, inves2 tigation, and prosecution of child exploitation crimes. 

3 (10) The backlog of forensic analysis for child ex4 ploitation cases at each FBI Regional Forensic lab 

5 and an estimate of the backlog at State and local labs. 

6 (11) Plans for reducing the forensic backlog de7 scribed in paragraph (10), if any, at Federal, State 

8 and local forensic labs. 

9 (12) A review of the Federal programs related to 

10 child exploitation prevention and education, includ11 ing those related to Internet safety, including efforts 

12 by the private sector and nonprofit entities, or any 

13 other initiatives, that have proven successful in pro14 moting child safety and Internet safety. 

15 (13) An assessment of the future trends, chal16 lenges, and opportunities, including new technologies, 

17 that will impact Federal, State, local, and tribal ef18 forts to combat child exploitation. 

19 (14) Plans for liaisons with the judicial branches 

20 of the Federal and State governments on matters re21 lating to child exploitation. 

22 (15) An assessment of Federal investigative and 

23 prosecution activity relating to reported incidents of 

24 child exploitation crimes, which shall include a num25 ber of factors, including— 


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1 (A) the number of high-priority suspects 

2 (identified because of the volume of suspected 

3 criminal activity or because of the danger to the 

4 community or a potential victim) who were in5 vestigated and prosecuted; 

6 (B) the number of investigations, arrests, 

7 prosecutions and convictions for a crime of child 

8 exploitation; and 

9 (C) the average sentence imposed and statu10 tory maximum for each crime of child exploi11 tation. 

12 (16) A review of all available statistical data in13 dicating the overall magnitude of child pornography 

14 trafficking in the United States and internationally, 

15 including— 

16 (A) the number of computers or computer 

17 users, foreign and domestic, observed engaging 

18 in, or suspected by law enforcement agencies and 

19 other sources of engaging in, peer-to-peer file 

20 sharing of child pornography; 

21 (B) the number of computers or computer 

22 users, foreign and domestic, observed engaging 

23 in, or suspected by law enforcement agencies and 

24 other reporting sources of engaging in, buying 


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1 and selling, or other commercial activity related 

2 to child pornography; 

3 (C) the number of computers or computer 

4 users, foreign and domestic, observed engaging 

5 in, or suspected by law enforcement agencies and 

6 other sources of engaging in, all other forms of 

7 activity related to child pornography; 

8 (D) the number of tips or other statistical 

9 data from the National Center for Missing and 

10 Exploited Children’s CybertTipline and other 

11 data indicating the magnitude of child pornog12 raphy trafficking; and 

13 (E) any other statistical data indicating the 

14 type, nature, and extent of child exploitation 

15 crime in the United States and abroad. 

16 (17) Copies of recent relevant research and stud17 ies related to child exploitation, including— 

18 (A) studies related to the link between pos19 session or trafficking of child pornography and 

20 actual abuse of a child; 

21 (B) studies related to establishing a link be22 tween the types of files being viewed or shared 

23 and the type of illegal activity; and 

24 (C) any other research, studies, and avail25 able information related to child exploitation. 


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1 (18) A review of the extent of cooperation, co2 ordination, and mutual support between private sec3 tor and other entities and organizations and Federal 

4 agencies, including the involvement of States, local 

5 and tribal government agencies to the extent Federal 

6 programs are involved. 

7 (19) The results of the Project Safe Childhood 

8 Conference or other conferences or meetings convened 

9 by the Department of Justice related to combating 

10 child exploitation 

11 (d) APPOINTMENT OF HIGH-LEVEL OFFICIAL.— 

12 (1) IN GENERAL.—The Attorney General shall 

13 designate a senior official at the Department of Jus14 tice to be responsible for coordinating the development 

15 of the National Strategy established under subsection 

16 (a). 

17 (2) DUTIES.—The duties of the official des18 ignated under paragraph (1) shall include— 

19 (A) acting as a liaison with all Federal 

20 agencies regarding the development of the Na21 tional Strategy; 

22 (B) working to ensure that there is proper 

23 coordination among agencies in developing the 

24 National Strategy; 


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1 (C) being knowledgeable about budget prior2 ities and familiar with all efforts within the De3 partment of Justice and the FBI related to child 

4 exploitation prevention and interdiction; and 

5 (D) presenting the National Strategy to 

6 Congress and being available to answer questions 

7 related to the strategy at congressional hearings, 

8 if requested by committees of appropriate juris9 dictions, on the contents of the National Strategy 

10 and progress of the Department of Justice in im11 plementing the National Strategy. 

12 SEC. 102. ESTABLISHMENT OF NATIONAL ICAC TASK FORCE 

13 PROGRAM. 

14 (a) ESTABLISHMENT.— 

15 (1) IN GENERAL.—There is established within 

16 the Department of Justice, under the general author17 ity of the Attorney General, a National Internet 

18 Crimes Against Children Task Force Program (here19 inafter in this title referred to as the ‘‘ICAC Task 

20 Force Program’’), which shall consist of a national 

21 program of State and local law enforcement task 

22 forces dedicated to developing effective responses to on23 line enticement of children by sexual predators, child 

24 exploitation, and child obscenity and pornography 

25 cases. 


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1 (2) INTENT OF CONGRESS.—It is the purpose 

2 and intent of Congress that the ICAC Task Force Pro3 gram established under paragraph (1) is intended to 

4 continue the ICAC Task Force Program authorized 

5 under title I of the Departments of Commerce, Jus6 tice, and State, the Judiciary, and Related Agencies 

7 Appropriations Act, 1998, and funded under title IV 

8 of the Juvenile Justice and Delinquency Prevention 

9 Act of 1974. 

10 (b) NATIONAL PROGRAM.— 

11 (1) STATE REPRESENTATION.—The ICAC Task 

12 Force Program established under subsection (a) shall 

13 include at least 1 ICAC task force in each State. 

14 (2) CAPACITY AND CONTINUITY OF INVESTIGA15 TIONS.—In order to maintain established capacity 

16 and continuity of investigations and prosecutions of 

17 child exploitation cases, the Attorney General, shall, 

18 in establishing the ICAC Task Force Program under 

19 subsection (a) consult with and consider all 59 task 

20 forces in existence on the date of enactment of this 

21 Act. The Attorney General shall include all existing 

22 ICAC task forces in the ICAC Task Force Program, 

23 unless the Attorney General makes a determination 

24 that an existing ICAC does not have a proven track 

25 record of success. 


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1 SEC. 103. PURPOSE OF ICAC TASK FORCES. 

2 The ICAC Task Force Program, and each State or 

3 local ICAC task force that is part of the national program 

4 of task forces, shall be dedicated toward— 

5 (1) increasing the investigative capabilities of 

6 State and local law enforcement officers in the detec7 tion, investigation, and apprehension of Internet 

8 crimes against children offenses or offenders, includ9 ing technology-facilitated child exploitation offenses; 

10 (2) conducting proactive and reactive Internet 

11 crimes against children investigations; 

12 (3) providing training and technical assistance 

13 to ICAC task forces and other Federal, State, and 

14 local law enforcement agencies in the areas of inves15 tigations, forensics, prosecution, community outreach, 

16 and capacity-building, using recognized experts to as17 sist in the development and delivery of training pro18 grams; 

19 (4) increasing the number of Internet crimes 

20 against children offenses being investigated and pros21 ecuted in both Federal and State courts; 

22 (5) creating a multiagency task force response to 

23 Internet crimes against children offenses within each 

24 State; 

25 (6) participating in the Department of Justice’s 

26 Project Safe Childhood initiative, the purpose of 


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1 which is to combat technology-facilitated sexual ex2 ploitation crimes against children; 

3 (7) enhancing nationwide responses to Internet 

4 crimes against children offenses, including assisting 

5 other ICAC task forces, as well as other Federal, 

6 State, and local agencies with Internet crimes against 

7 children investigations and prosecutions; 

8 (8) developing and delivering Internet crimes 

9 against children public awareness and prevention 

10 programs; and 

11 (9) participating in such other activities, both 

12 proactive and reactive, that will enhance investiga13 tions and prosecutions of Internet crimes against chil14 dren. 

15 SEC. 104. DUTIES AND FUNCTIONS OF TASK FORCES. 

16 Each State or local ICAC task force that is part of 

17 the national program of task forces shall— 

18 (1) consist of State and local investigators, pros19 ecutors, forensic specialists, and education specialists 

20 who are dedicated to addressing the goals of such task 

21 force; 

22 (2) work consistently toward achieving the pur23 poses described in section 103; 


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1 (3) engage in proactive investigations, forensic 

2 examinations, and effective prosecutions of Internet 

3 crimes against children; 

4 (4) provide forensic, preventive, and investiga5 tive assistance to parents, educators, prosecutors, law 

6 enforcement, and others concerned with Internet 

7 crimes against children; 

8 (5) develop multijurisdictional, multiagency re9 sponses and partnerships to Internet crimes against 

10 children offenses through ongoing informational, ad11 ministrative, and technological support to other State 

12 and local law enforcement agencies, as a means for 

13 such agencies to acquire the necessary knowledge, per14 sonnel, and specialized equipment to investigate and 

15 prosecute such offenses; 

16 (6) participate in nationally coordinated inves17 tigations in any case in which the Attorney General 

18 determines such participation to be necessary, as per19 mitted by the available resources of such task force; 

20 (7) establish or adopt investigative and prosecu21 tion standards, consistent with established norms, to 

22 which such task force shall comply; 

23 (8) investigate, and seek prosecution on, tips re24 lated to Internet crimes against children, including 

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1 dren Data System established in section 105, the Na2 tional Center for Missing and Exploited Children’s 

3 CyberTipline, ICAC task forces, and other Federal, 

4 State, and local agencies, with priority being given to 

5 investigative leads that indicate the possibility of 

6 identifying or rescuing child victims, including inves7 tigative leads that indicate a likelihood of seriousness 

8 of offense or dangerousness to the community; 

9 (9) develop procedures for handling seized evi10 dence; 

11 (10) maintain— 

12 (A) such reports and records as are required 

13 under this title; and 

14 (B) such other reports and records as deter15 mined by the Attorney General; and 

16 (11) seek to comply with national standards re17 garding the investigation and prosecution of Internet 

18 crimes against children, as set forth by the Attorney 

19 General, to the extent such standards are consistent 

20 with the law of the State where the task force is lo21 cated. 


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1 SEC. 105. NATIONAL INTERNET CRIMES AGAINST CHILDREN 

2 DATA SYSTEM. 

3 (a) IN GENERAL.—The Attorney General shall estab4 lish a National Internet Crimes Against Children Data 

5 System. 

6 (b) INTENT OF CONGRESS.—It is the purpose and in7 tent of Congress that the National Internet Crimes Against 

8 Children Data System established in subsection (a) is in9 tended to continue and build upon Operation Fairplay de10 veloped by the Wyoming Attorney General’s office, which 

11 has established a secure, dynamic undercover infrastructure 

12 that has facilitated online law enforcement investigations 

13 of child exploitation, information sharing, and the capacity 

14 to collect and aggregate data on the extent of the problems 

15 of child exploitation. 

16 (c) PURPOSE OF SYSTEM.—The National Internet 

17 Crimes Against Children Data System established under 

18 subsection (a) shall be dedicated to assisting and supporting 

19 credentialed law enforcement agencies authorized to inves20 tigate child exploitation in accordance with Federal, State, 

21 local, and tribal laws, including by providing assistance 

22 and support to— 

23 (1) Federal agencies investigating and pros24 ecuting child exploitation; 

25 (2) the ICAC Task Force Program established 

26 under section 102; and 


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1 (3) State, local, and tribal agencies investigating 

2 and prosecuting child exploitation. 

3 (d) CYBER SAFE DECONFLICTION AND INFORMATION

4 SHARING.—The National Internet Crimes Against Children 

5 Data System established under subsection (a)— 

6 (1) shall be housed and maintained within the 

7 Department of Justice or a credentialed law enforce8 ment agency; 

9 (2) shall be made available for a nominal charge 

10 to support credentialed law enforcement agencies in 

11 accordance with subsection (c); and 

12 (3) shall— 

13 (A) allow Federal, State, local, and tribal 

14 agencies and ICAC task forces investigating and 

15 prosecuting child exploitation to contribute and 

16 access data for use in resolving case conflicts; 

17 (B) provide, directly or in partnership with 

18 a credentialed law enforcement agency, a dy19 namic undercover infrastructure to facilitate on20 line law enforcement investigations of child ex21 ploitation; 

22 (C) facilitate the development of essential 

23 software and network capability for law enforce24 ment participants; and 


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1 (D) provide software or direct hosting and 

2 support for online investigations of child exploi3 tation activities, or, in the alternative, provide 

4 users with a secure connection to an alternative 

5 system that provides such capabilities, provided 

6 that the system is hosted within a governmental 

7 agency or a credentialed law enforcement agency. 

8 (e) COLLECTION AND REPORTING OF DATA.— 

9 (1) IN GENERAL.—The National Internet Crimes 

10 Against Children Data System established under sub11 section (a) shall ensure the following: 

12 (A) REAL-TIME REPORTING.—All child ex13 ploitation cases involving local child victims that 

14 are reasonably detectable using available soft15 ware and data are, immediately upon their de16 tection, made available to participating law en17 forcement agencies. 

18 (B) HIGH-PRIORITY SUSPECTS.—Every 30 

19 days, at minimum, the National Internet Crimes 

20 Against Children Data System shall— 

21 (i) identify high-priority suspects, as 

22 such suspects are determined by the volume 

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1 ness to the community or a potential local 

2 victim; and 

3 (ii) report all such identified high-pri4 ority suspects to participating law enforce5 ment agencies. 

6 (C) ANNUAL REPORTS.—Any statistical 

7 data indicating the overall magnitude of child 

8 pornography trafficking and child exploitation 

9 in the United States and internationally is made 

10 available and included in the National Strategy, 

11 as is required under section 101(c)(16). 

12 (2) RULE OF CONSTRUCTION.—Nothing in this 

13 subsection shall be construed to limit the ability of 

14 participating law enforcement agencies to disseminate 

15 investigative leads or statistical information in ac16 cordance with State and local laws. 

17 (f) MANDATORY REQUIREMENTS OF NETWORK.—The 

18 National Internet Crimes Against Children Data System 

19 established under subsection (a) shall develop, deploy, and 

20 maintain an integrated technology and training program 

21 that provides— 

22 (1) a secure, online system for Federal law en23 forcement agencies, ICAC task forces, and other State, 

24 local, and tribal law enforcement agencies for use in 

25 resolving case conflicts, as provided in subsection (d); 


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1 (2) a secure system enabling online communica2 tion and collaboration by Federal law enforcement 

3 agencies, ICAC task forces, and other State, local, and 

4 tribal law enforcement agencies regarding ongoing in5 vestigations, investigatory techniques, best practices, 

6 and any other relevant news and professional infor7 mation; 

8 (3) a secure online data storage and analysis 

9 system for use by Federal law enforcement agencies, 

10 ICAC task forces, and other State, local, and tribal 

11 law enforcement agencies; 

12 (4) secure connections or interaction with State 

13 and local law enforcement computer networks, con14 sistent with reasonable and established security proto15 cols and guidelines; 

16 (5) guidelines for use of the National Internet 

17 Crimes Against Children Data System by Federal, 

18 State, local, and tribal law enforcement agencies and 

19 ICAC task forces; and 

20 (6) training and technical assistance on the use 

21 of the National Internet Crimes Against Children 

22 Data System by Federal, State, local, and tribal law 

23 enforcement agencies and ICAC task forces. 

24 (g) NATIONAL INTERNET CRIMES AGAINST CHILDREN

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1 eral shall establish a National Internet Crimes Against 

2 Children Data System Steering Committee to provide guid3 ance to the Network relating to the program under sub4 section (f), and to assist in the development of strategic 

5 plans for the System. The Steering Committee shall consist 

6 of 10 members with expertise in child exploitation preven7 tion and interdiction prosecution, investigation, or preven8 tion, including— 

9 (1) 3 representatives elected by the local directors 

10 of the ICAC task forces, such representatives shall rep11 resent different geographic regions of the country; 

12 (2) 1 representative of the Department of Justice 

13 Office of Information Services; 

14 (3) 1 representative from Operation Fairplay, 

15 currently hosted at the Wyoming Office of the Attor16 ney General; 

17 (4) 1 representative from the law enforcement 

18 agency having primary responsibility for hosting and 

19 maintaining the National Internet Crimes Against 

20 Children Data System; 

21 (5) 1 representative of the Federal Bureau of In22 vestigation’s Innocent Images National Initiative or 

23 Regional Computer Forensic Lab program; 

24 (6) 1 representative of the Immigration and Cus25 toms Enforcement’s Cyber Crimes Center; 


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1 (7) 1 representative of the United States Postal 

2 Inspection Service; and 

3 (8) 1 representative of the Department of Justice. 

4 (h) AUTHORIZATION OF APPROPRIATIONS.—There are 

5 authorized to be appropriated for each of the fiscal years 

6 2009 through 2016, $2,000,000 to carry out the provisions 

7 of this section. 

8 SEC. 106. ICAC GRANT PROGRAM. 

9 (a) ESTABLISHMENT.— 

10 (1) IN GENERAL.—The Attorney General is au11 thorized to award grants to State and local ICAC 

12 task forces to assist in carrying out the duties and 

13 functions described under section 104. 

14 (2) FORMULA GRANTS.— 

15 (A) DEVELOPMENT OF FORMULA.—At least 

16 75 percent of the total funds appropriated to 

17 carry out this section shall be available to award 

18 or otherwise distribute grants pursuant to a 

19 funding formula established by the Attorney 

20 General in accordance with the requirements in 

21 subparagraph (B). 

22 (B) FORMULA REQUIREMENTS.—Any for23 mula established by the Attorney General under 

24 subparagraph (A) shall— 


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1 (i) ensure that each State or local 

2 ICAC task force shall, at a minimum, re3 ceive an amount equal to 0.5 percent of the 

4 funds available to award or otherwise dis5 tribute grants under subparagraph (A); and 

6 (ii) take into consideration the fol7 lowing factors: 

8 (I) The population of each State, 

9 as determined by the most recent de10 cennial census performed by the Bu11 reau of the Census. 

12 (II) The number of investigative 

13 leads within the applicant’s jurisdic14 tion generated by the ICAC Data Net15 work, the CyberTipline, and other 

16 sources. 

17 (III) The number of criminal 

18 cases related to Internet crimes against 

19 children referred to a task force for 

20 Federal, State, or local prosecution. 

21 (IV) The number of successful 

22 prosecutions of child exploitation cases 

23 by a task force. 

24 (V) The amount of training, tech25 nical assistance, and public education 


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1 or outreach by a task force related to 

2 the prevention, investigation, or pros3 ecution of child exploitation offenses. 

4 (VI) Such other criteria as the At5 torney General determines demonstrate 

6 the level of need for additional re7 sources by a task force. 

8 (3) DISTRIBUTION OF REMAINING FUNDS BASED

9 ON NEED.— 

10 (A) IN GENERAL.—Any funds remaining 

11 from the total funds appropriated to carry out 

12 this section after funds have been made available 

13 to award or otherwise distribute formula grants 

14 under paragraph (2)(A) shall be distributed to 

15 State and local ICAC task forces based upon 

16 need, as set forth by criteria established by the 

17 Attorney General. Such criteria shall include the 

18 factors under paragraph (2)(B)(ii). 

19 (B) MATCHING REQUIREMENT.—A State or 

20 local ICAC task force shall contribute matching 

21 non-Federal funds in an amount equal to not 

22 less than 25 percent of the amount of funds re23 ceived by the State or local ICAC task force 

24 under subparagraph (A). A State or local ICAC 

25 task force that is not able or willing to contribute 


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1 matching funds in accordance with this subpara2 graph shall not be eligible for funds under sub3 paragraph (A). 

4 (C) WAIVER.—The Attorney General may 

5 waive, in whole or in part, the matching require6 ment under subparagraph (B) if the State or 

7 local ICAC task force demonstrates good cause or 

8 financial hardship. 

9 (b) APPLICATION.— 

10 (1) IN GENERAL.—Each State or local ICAC 

11 task force seeking a grant under this section shall sub12 mit an application to the Attorney General at such 

13 time, in such manner, and accompanied by such in14 formation as the Attorney General may reasonably 

15 require. 

16 (2) CONTENTS.—Each application submitted 

17 pursuant to paragraph (1) shall— 

18 (A) describe the activities for which assist19 ance under this section is sought; and 

20 (B) provide such additional assurances as 

21 the Attorney General determines to be essential 

22 to ensure compliance with the requirements of 

23 this title. 

24 (c) ALLOWABLE USES.—Grants awarded under this 

25 section may be used to— 


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1 (1) hire personnel, investigators, prosecutors, 

2 education specialists, and forensic specialists; 

3 (2) establish and support forensic laboratories 

4 utilized in Internet crimes against children investiga5 tions; 

6 (3) support investigations and prosecutions of 

7 Internet crimes against children; 

8 (4) conduct and assist with education programs 

9 to help children and parents protect themselves from 

10 Internet predators; 

11 (5) conduct and attend training sessions related 

12 to successful investigations and prosecutions of Inter13 net crimes against children; and 

14 (6) fund any other activities directly related to 

15 preventing, investigating, or prosecuting Internet 

16 crimes against children. 

17 (d) REPORTING REQUIREMENTS.— 

18 (1) ICAC REPORTS.—To measure the results of 

19 the activities funded by grants under this section, and 

20 to assist the Attorney General in complying with the 

21 Government Performance and Results Act (Public 

22 Law 103–62; 107 Stat. 285), each State or local 

23 ICAC task force receiving a grant under this section 

24 shall, on an annual basis, submit a report to the At25 torney General that sets forth the following: 


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1 (A) Staffing levels of the task force, includ2 ing the number of investigators, prosecutors, edu3 cation specialists, and forensic specialists dedi4 cated to investigating and prosecuting Internet 

5 crimes against children. 

6 (B) Investigation and prosecution perform7 ance measures of the task force, including— 

8 (i) the number of investigations initi9 ated related to Internet crimes against chil10 dren; 

11 (ii) the number of arrests related to 

12 Internet crimes against children; and 

13 (iii) the number of prosecutions for 

14 Internet crimes against children, includ15 ing— 

16 (I) whether the prosecution re17 sulted in a conviction for such crime; 

18 and 

19 (II) the sentence and the statutory 

20 maximum for such crime under State 

21 law. 

22 (C) The number of referrals made by the 

23 task force to the United States Attorneys office, 

24 including whether the referral was accepted by 

25 the United States Attorney. 


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1 (D) Statistics that account for the disposi2 tion of investigations that do not result in ar3 rests or prosecutions, such as referrals to other 

4 law enforcement. 

5 (E) The number of investigative technical 

6 assistance sessions that the task force provided to 

7 nonmember law enforcement agencies. 

8 (F) The number of computer forensic exami9 nations that the task force completed. 

10 (G) The number of law enforcement agencies 

11 participating in Internet crimes against children 

12 program standards established by the task force. 

13 (2) REPORT TO CONGRESS.—Not later than 1 

14 year after the date of enactment of this Act, the Attor15 ney General shall submit a report to Congress on— 

16 (A) the progress of the development of the 

17 ICAC Task Force Program established under sec18 tion 102; and 

19 (B) the number of Federal and State inves20 tigations, prosecutions, and convictions in the 

21 prior 12-month period related to child exploi22 tation. 

23 SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 

24 (a) IN GENERAL.—There are authorized to be appro25 priated to carry out this title— 


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1 (1) $60,000,000 for fiscal year 2009; 

2 (2) $75,000,000 for fiscal year 2010; 

3 (3) $75,000,000 for fiscal year 2011; 

4 (4) $75,000,000 for fiscal year 2012; 

5 (5) $75,000,000 for fiscal year 2013; 

6 (6) $75,000,000 for fiscal year 2014; 

7 (7) $100,000,000 for fiscal year 2015; and 

8 (8) $100,000,000 for fiscal year 2016. 

9 (b) AVAILABILITY.—Funds appropriated under sub10 section (a) shall remain available until expended. 

11 TITLE II—ADDITIONAL MEAS12 URES TO COMBAT CHILD EX13 PLOITATION 

14 SEC. 201. ADDITIONAL REGIONAL COMPUTER FORENSIC 

15 LABS. 

16 (a) ADDITIONAL RESOURCES.—The Attorney General 

17 shall establish additional computer forensic capacity to ad18 dress the current backlog for computer forensics, including 

19 for child exploitation investigations. The Attorney General 

20 may utilize funds under this title to increase capacity at 

21 existing regional forensic laboratories or to add laboratories 

22 under the Regional Computer Forensic Laboratories Pro23 gram operated by the Federal Bureau of Investigation. 

24 (b) PURPOSE OF NEW RESOURCES.—The additional 

25 forensic capacity established by resources provided under 


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1 this section shall be dedicated to assist Federal agencies, 

2 State and local Internet Crimes Against Children task 

3 forces, and other Federal, State, and local law enforcement 

4 agencies in preventing, investigating, and prosecuting 

5 Internet crimes against children. 

6 (c) NEW COMPUTER FORENSIC LABS.—If the Attorney 

7 General determines that new regional computer forensic 

8 laboratories are required under subsection (a) to best ad9 dress existing backlogs, such new laboratories shall be estab10 lished pursuant to subsection (d). 

11 (d) LOCATION OF NEW LABS.—The location of any 

12 new regional computer forensic laboratories under this sec13 tion shall be determined by the Attorney General, in con14 sultation with the Director of the Federal Bureau of Inves15 tigation, the Regional Computer Forensic Laboratory Na16 tional Steering Committee, and other relevant stakeholders. 

17 (e) REPORT.—Not later than 1 year after the date of 

18 enactment of this Act, and every year thereafter, the Attor19 ney General shall submit a report to the Congress on how 

20 the funds appropriated under this section were utilized. 

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

22 authorized to be appropriated for fiscal years 2009 through 

23 2016, $7,000,000 to carry out the provisions of this section. 


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1 SEC. 202. ADDITIONAL FIELD AGENTS FOR THE FBI. 

2 (a) IN GENERAL.—There are authorized to be appro3 priated to the Attorney General $30,000,000 for each of the 

4 fiscal years 2009 through 2016 to fund the hiring of full5 time Federal Bureau of Investigation field agents and asso6 ciated analysts and support staff in addition to the number 

7 of such employees serving in those capacities on the date 

8 of enactment of this Act. 

9 (b) SOLE PURPOSE.—The sole purpose of the addi10 tional staff required to be hired under subsection (a) is to 

11 work on child exploitation cases as part of the Federal Bu12 reau of Investigation’s Innocent Images National Initiative. 

13 SEC. 203. IMMIGRATION AND CUSTOMS ENFORCEMENT EN14 HANCEMENT. 

15 (a) ADDITIONAL AGENTS.—There are authorized to be 

16 appropriated to the Secretary of Homeland Security 

17 $15,000,000, for each of the fiscal years 2009 through 2016, 

18 to fund the hiring of full-time agents and associated ana19 lysts and support staff within the Bureau of Immigration 

20 and Customs Enforcement in addition to the number of 

21 such employees serving in those capacities on the date of 

22 enactment of this Act. 

23 (b) SOLE PURPOSE.—The sole purpose of the addi24 tional staff required to be hired under subsection (a) is to 

25 work on child exploitation and child obscenity cases. 


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1 SEC. 204. COMBATING CHILD EXPLOITATION VIA THE 

2 UNITED STATES POSTAL SERVICE. 

3 (a) IN GENERAL.—There are authorized to be appro4 priated to the Postmaster General $5,000,000, for each of 

5 the fiscal years 2009 through 2016, to fund the hiring of 

6 full-time postal inspectors and associated analysts and sup7 port staff in addition to the number of such employees serv8 ing in those capacities on the date of the enactment of this 

9 Act. 

10 (b) SOLE PURPOSE.—The sole purpose of the addi11 tional staff required to be hired under subsection (a) is to 

12 work on child exploitation and child obscenity cases and 

13 may be used to support the Deliver Me Home program de14 veloped by the United States Postal Service. 

15 TITLE III—EFFECTIVE CHILD 

16 PORNOGRAPHY PROSECUTION 

17 SEC. 301. EFFECTIVE CHILD PORNOGRAPHY PROSECUTION. 

18 (a) SEXUAL EXPLOITATION OF CHILDREN.—Section 

19 2251 of title 18, United States Code, is amended— 

20 (1) in subsection (a), by striking ‘‘knows or has 

21 reason to know’’ and all that follows through the pe22 riod at the end, and inserting ‘‘transported in or af23 fecting interstate or foreign commerce or using a fa24 cility or means of interstate or foreign commerce or 

25 mailed, if such visual depiction was produced using 

26 materials that have been mailed, shipped, or transVerDate Aug 31 2005 22:32 Jul 07, 2008 Jkt 069200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6203 E:\BILLS\S1738.RS S1738

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1 ported in interstate or foreign commerce by any 

2 means, including by computer, or if such visual de3 piction has actually been transported in or affecting 

4 interstate or foreign commerce or using a facility or 

5 means of interstate or foreign commerce or mailed.’’; 

6 (2) in subsection (b), by striking ‘‘knows or has 

7 reason to know’’ and all that follows through the pe8 riod at the end, and inserting ‘‘transported in or af9 fecting interstate or foreign commerce or using a fa10 cility or means of interstate or foreign commerce or 

11 mailed, if such visual depiction was produced using 

12 materials that have been mailed, shipped, or trans13 ported in interstate or foreign commerce by any 

14 means, including by computer, or if such visual de15 piction has actually been transported in or affecting 

16 interstate or foreign commerce or using a facility or 

17 means of interstate or foreign commerce or mailed.’’; 

18 (3) in subsection (c)(2)— 

19 (A) in subparagraph (A), by striking ‘‘com20 puter’’ and inserting ‘‘using a facility or means 

21 of interstate or foreign commerce’’; and 

22 (B) in subparagraph (B), by striking ‘‘com23 puter’’ and inserting ‘‘using a facility or means 

24 of interstate or foreign commerce’’; and 

25 (4) in subsection (d)(2)— 


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1 (A) in subparagraph (A), by striking 

2 ‘‘transported in interstate’’ and all that follows 

3 through ‘‘computer’’ and inserting ‘‘transported 

4 in or affecting interstate or foreign commerce or 

5 using a facility or means of interstate or foreign 

6 commerce,’’; and 

7 (B) in subparagraph (B), by striking 

8 ‘‘transported in interstate’’ and all that follows 

9 through ‘‘computer’’ and inserting ‘‘transported 

10 in or affecting interstate or foreign commerce or 

11 using a facility or means of interstate or foreign 

12 commerce,’’. 

13 (b) SELLING OR BUYING OF CHILDREN.—Subsection 

14 (c)(2) of section 2251A of title 18, United States Code, is 

15 amended by striking ‘‘in interstate or foreign’’ and all that 

16 follows through ‘‘computer or’’ and inserting ‘‘in or affect17 ing interstate or foreign commerce or using a facility or 

18 means of interstate or foreign commerce, or by’’. 

19 (c) MATERIAL INVOLVING THE SEXUAL EXPLOITATION

20 OF MINORS.—Subsection (a) of section 2252 of title 18, 

21 United States Code, is amended— 

22 (1) in paragraph (1), by striking ‘‘in interstate 

23 or foreign’’ and all that follows through ‘‘computer’’ 

24 and inserting ‘‘in or affecting interstate or foreign 


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1 commerce or using a facility or means of interstate 

2 or foreign commerce’’; 

3 (2) in paragraph (2)— 

4 (A) by striking ‘‘has been shipped or trans5 ported in interstate or foreign commerce’’ and 

6 inserting ‘‘has been shipped or transported in or 

7 affecting interstate or foreign commerce or using 

8 a facility or means of interstate or foreign com9 merce’’; and 

10 (B) by striking ‘‘distribution in interstate 

11 or foreign commerce’’ and inserting ‘‘distribution 

12 in or affecting interstate or foreign commerce or 

13 using a facility or means of interstate or foreign 

14 commerce’’; 

15 (3) in paragraph (3)(B), by striking ‘‘has been 

16 shipped or transported in interstate or foreign com17 merce’’ and inserting ‘‘has been shipped or trans18 ported in or affecting interstate or foreign commerce 

19 or using a facility or means of interstate or foreign 

20 commerce’’; and 

21 (4) in paragraph (4)(B), by striking ‘‘has been 

22 shipped or transported in interstate or foreign com23 merce’’ and inserting ‘‘has been shipped or trans24 ported in or affecting interstate or foreign commerce 


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1 or using a facility or means of interstate or foreign 

2 commerce’’. 

3 (d) MATERIAL CONSTITUTING OR CONTAINING CHILD

4 PORNOGRAPHY.—Subsection (a) of section 2252A of title 

5 18, United States Code, is amended— 

6 (1) by striking ‘‘in interstate or foreign com7 merce by any means, including by computer’’ each 

8 place that term appears and inserting ‘‘in or affecting 

9 interstate or foreign commerce or using a facility or 

10 means of interstate or foreign commerce’’; and 

11 (2) in paragraph (6)(C), by striking ‘‘or by 

12 transmitting or causing to be transmitted any wire 

13 communication in interstate or foreign commerce, in14 cluding by computer’’ and inserting ‘‘or a facility or 

15 means of interstate or foreign commerce’’. 

16 (e) OBSCENE VISUAL REPRESENTATIONS OF THE SEX17 UAL ABUSE OF CHILDREN.—Subsection (d)(4) of section 

18 1466A of title 18, United States Code, is amended by strik19 ing ‘‘has been shipped transported in interstate or foreign 

20 commerce by any means, including by computer’’ and in21 serting ‘‘has been shipped or transported in or affecting 

22 interstate or foreign commerce or using a facility or means 

23 of interstate or foreign commerce’’. 

24 (f) RULE OF CONSTRUCTION.—Nothing in this title, 

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1 close any argument or ruling with respect to any Federal 

2 law that, for the purposes of Federal jurisdiction, the use 

3 of a facility or means of interstate or foreign commerce af4 fects interstate or foreign commerce. 

5 SEC. 302. PROHIBIT THE BROADCAST OF LIVE IMAGES OF 

6 CHILD ABUSE. 

7 Section 2251 of title 18, United States Code is amend8 ed— 

9 (1) in subsection (a), by— 

10 (A) inserting ‘‘or for the purpose of trans11 mitting a live visual depiction of such conduct’’ 

12 after ‘‘for the purpose of producing any visual 

13 depiction of such conduct’’; 

14 (B) inserting ‘‘or transmitted’’ after ‘‘if 

15 such person knows or has reason to know that 

16 such visual depiction will be transported’’; 

17 (C) inserting ‘‘or transmitted’’ after ‘‘if that 

18 visual depiction was produced’’; and 

19 (D) inserting ‘‘or transmitted’’ after ‘‘has 

20 actually been transported’’; and 

21 (2) in subsection (b), by— 

22 (A) inserting ‘‘or for the purpose of trans23 mitting a live visual depiction of such conduct’’ 

24 after ‘‘for the purpose of producing any visual 

25 depiction of such conduct’’; 


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1 (B) inserting ‘‘or transmitted’’ after ‘‘per2 son knows or has reason to know that such visual 

3 depiction will be transported’’; 

4 (C) inserting ‘‘or transmitted’’ after ‘‘if that 

5 visual depiction was produced’’; and 

6 (D) inserting ‘‘or transmitted’’ after ‘‘has 

7 actually been transported’’. 

8 SEC. 303. AMENDMENT TO SECTION 2256 OF TITLE 18, 

9 UNITED STATES CODE. 

10 Section 2256(5) of title 18, United States Code is 

11 amended by— 

12 (1) striking ‘‘and’’ before ‘‘data’’; 

13 (2) after ‘‘visual image’’ by inserting ‘‘, and 

14 data which is capable of conversion into a visual 

15 image that has been transmitted by any means, 

16 whether or not stored in a permanent format’’. 

17 SEC. 304. AMENDMENT TO SECTION 2260 OF TITLE 18, 

18 UNITED STATES CODE. 

19 Section 2260(a) of title 18, United States Code, is 

20 amended by— 

21 (1) inserting ‘‘or for the purpose of transmitting 

22 a live visual depiction of such conduct’’ after ‘‘for the 

23 purpose of producing any visual depiction of such 

24 conduct’’; and 

25 (2) inserting ‘‘or transmitted’’ after ‘‘imported’’. 


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1 SEC. 305. PROHIBITING THE ALTERATION OF AN IMAGE OF 

2 A REAL CHILD TO CREATE AN IMAGE OF SEX3 UALLY EXPLICIT CONDUCT. 

4 (a) IN GENERAL.—Subsection (a) of section 2252A of 

5 title 18, United States Code, is amended— 

6 (1) in paragraph (5) by striking ‘‘; or’’ and in7 serting a semicolon; 

8 (2) in paragraph (6), by striking the period at 

9 the end and inserting ‘‘; or’’; and 

10 (3) by inserting at the end the following: 

11 ‘‘(7) knowingly creates, alters, adapts, or modi12 fies a visual depiction of an identifiable minor, as de13 fined in section 2256(9), so that it depicts child por14 nography as defined in section 2256(8), and intends 

15 to distribute or actually distributes that visual depic16 tion by any means, where such person knows or has 

17 reason to know that such visual depiction will be 

18 transported in or affecting interstate or foreign com19 merce or using a facility or means of interstate or 

20 foreign commerce or mailed, where such visual depic21 tion has actually been transported in or affecting 

22 interstate or foreign commerce or using a facility or 

23 means of interstate or foreign commerce or mailed, or 

24 where the visual depiction was produced using mate25 rials that have been mailed, shipped, or transported 


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1 in interstate or foreign commerce by any means, in2 cluding by computer,’’. 

3 (b) PENALTY.—Section 2252A(b) of title 18, United 

4 States Code, is amended by striking ‘‘(4), or (6)’’ and in5 serting ‘‘(4), (6), or (7)’’. 

6 SEC. 306. REFERRALS TO AUTHORIZED FOREIGN LAW EN7 FORCEMENT AGENCIES. 

8 (a) VOLUNTARY REPORTS.—A provider of electronic 

9 communication services or remote computing services may 

10 voluntarily make a report, as defined at section 227(b)(1) 

11 of the Victims of Child abuse Act of 1990 (42 U.S.C. 

12 13032(b)(1)), directly to a representative of a foreign law 

13 enforcement agency— 

14 (1) of a foreign state that is a signatory to a 

15 Mutual Legal Assistance Treaty with the United 

16 States that has been ratified by the United States 

17 Senate and has come into force; and 

18 (2) that has certified in writing that the request 

19 is made for the purpose of investigating, or engaging 

20 in enforcement proceedings related to, possible viola21 tions of foreign laws related to child pornography and 

22 child exploitation similar to practices prohibited by 

23 sections 2251, 2251A, 2252, 2252A, 2252B, or 2260 

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1 nography (as defined in section 2256 of that title), or 

2 1466A of that title. 

3 (b) REPORTS TO FOREIGN LAW ENFORCEMENT.—Re4 ports to foreign law enforcement may only be transmitted 

5 to the Central Authority designated in the foreign country’s 

6 Mutual Legal Assistance Treaty with the United States and 

7 may only be transmitted via mail or fax, or via electronic 

8 mail to a government-owned e-mail domain. 

9 (c) REPORTS TO NCMEC.—Nothing in this section 

10 shall be construed to relieve providers of electronic commu11 nication services or remote computing services of their obli12 gations under section 227(b)(1) of the Victims of Child 

13 abuse Act of 1990 (42 U.S.C. 13032(b)(1)) to make reports 

14 to the National Center for Missing and Exploited Children. 

15 (d) LIMITATION ON LIABILITY.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), a provider of electronic communication 

18 services or remote computing services, or any of its 

19 directors, officers, employees, or agents, is not liable 

20 in any civil or criminal action arising from the per21 formance of the reporting activities described in sub22 section (a). 

23 (2) INTENTIONAL, RECKLESS, OR OTHER MIS24 CONDUCT.—Paragraph (1) does not apply in an ac25 tion in which a party proves that the provider of elecVerDate Aug 31 2005 22:32 Jul 07, 2008 Jkt 069200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6203 E:\BILLS\S1738.RS S1738

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1 tronic communication services or remote computing 

2 services, or its officer, employee, or agent as the case 

3 may be, engaged in intentional misconduct or acted 

4 with actual malice, or with reckless disregard to a 

5 substantial risk of causing injury without legal jus6 tification. 

7 TITLE IV—NATIONAL INSTITUTE 

8 OF JUSTICE STUDY OF RISK 

9 FACTORS 

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

11 DANGEROUSNESS. 

12 (a) IN GENERAL.—Not later than 1 year after the date 

13 of enactment of this Act, the National Institute of Justice 

14 shall prepare a report to identify investigative factors that 

15 reliably indicate whether a subject of an online child exploi16 tation investigation poses a higher risk of harm to children. 

17 Such a report shall be prepared in consultation and coordi18 nation with Federal law enforcement agencies, the National 

19 Center for Missing and Exploited Children, Operation 

20 Fairplay at the Wyoming Attorney General’s Office, the 

21 Internet Crimes Against Children Task Force, and other 

22 State and local law enforcement. 

23 (b) CONTENTS OF ANALYSIS.—The report required by 

24 subsection (a) shall include a thorough analysis of potential 

25 investigative factors in on-line child exploitation cases and 


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1 an appropriate examination of investigative data from 

2 prior prosecutions and case files of identified child victims. 

3 (c) REPORT TO CONGRESS.—Not later than 1 year 

4 after the date of enactment of this Act, the National Insti5 tute of Justice shall submit a report to the House and Sen6 ate Judiciary Committees that includes the findings of the 

7 study required by this section and makes recommendations 

8 on technological tools and law enforcement procedures to 

9 help investigators prioritize scarce resources to those cases 

10 where there is actual hands-on abuse by the suspect. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

12 authorized to be appropriated $1,000,000 to the National 

13 Institute of Justice to conduct the study required under this 

14 section. 


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Calendar No. 862 

110TH CONGRESS 

2D SESSION S. 1738 

A BILL 

To establish a Special Counsel for Child Exploitors. agencies to investigate and prosecute child preda- ments to increase the ability of law enforcement puter forensic labs, and to make other improve- Force, to increase resources for regional com- the Internet Crimes Against Children Task fice of the Deputy Attorney General, to improve tation Prevention and Interdiction within the OfJULY 7, 2008 

Reported with an amendment 


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