```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1738 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  2d Session
                                S. 1738

_______________________________________________________________________

                                 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.

            Passed the Senate September 25 (legislative day, September 
      17), 2008.

            Attest:

                                                             Secretary.
110th CONGRESS

  2d Session

                                S. 1738

_______________________________________________________________________

                                 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.
```