reference to the agent or officer with knowledge of
the image, together with the case name and file
number, so that testimony can be offered identifying
the image; and other information necessary to meet
the objectives specified above.
(3) SUBMISSION
OF
INFORMATION
FOR
THE
DATABASE.—Federal law enforcement agencies shall
promptly provide to the Attorney General informa-
tion they obtain about identified victims of child por-
nography, including images known or believed to
have been produced using real children, and a point-
of-contact for further information with respect to
particular images. Any State or local law enforce-
ment agency or task force receiving Federal grants
under the Victims of Child Abuse Act of 1990 shall
also provide such information to the Attorney Gen-
eral. State and local agencies not receiving Federal
funds are encouraged to contribute such information
on a voluntary basis.
(4) AVAILABILITY
OF
INFORMATION
IN
THE
DATABASE.—Information contained in the child por-
nography identification database may be made acces-
sible only to the following persons under such terms
and conditions as the Attorney General may estab-
lish consistent with paragraph (5):
(A) Federal, State, and local law enforce-
ment officers and investigators working on child
pornography cases or cases involving child
abuse or suspected child abuse; and
(B) other agencies, entities, and individ-
uals as to whom the Attorney General deter-
mines there is good cause to permit access.
(5) PRIVACY
PROTECTIONS.—The Attorney
General shall, by regulation or otherwise, establish
terms and conditions for the establishment and oper-
ation of, and access to, the database, which shall at
a minimum ensure that—
(A) access to the child pornography identi-
fication database is limited to authorized law
enforcement personnel working on child pornog-
raphy cases or cases involving child abuse or
suspected child abuse;
(B) the database is properly secured to
prevent unauthorized entry into, or access to,
the information contained in the database; and
(C) any information lawfully obtained from
the database will be protected from disclosure
except as may be necessary for the investigation
or prosecution of any offender or as may be au-
thorized by the Attorney General.
(6) COOPERATION WITH INTERNATIONAL LAW
ENFORCEMENT.—Nothing in this section shall pro-
hibit the Attorney General from contributing data to
an international child pornography identification
database on a reciprocal basis, provided that such
international database has safeguards as described
in paragraph (5).
(7) PENALTIES
FOR
UNAUTHORIZED
ACCESS
AND DISCLOSURE.—Section 1030(a)(1) of title 18,
United States Code, is amended by inserting after
‘‘Atomic Energy Act of 1954 or any restricted infor-
mation that is included in the database required by
section 2 of the Visa Entry Reform Act of 2001’’
the following: ‘‘or any restricted information that is
included in the database required by section 9 of the
Child Obscenity and Pornography Prevention Act of
2002’’.
(8) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the De-
partment of Justice such sums as may be necessary
to carry out this section.
(b) Section 3509 of title 18, United States Code, is
amended by inserting at the end of subsection (d)(4) the
following sentence:
‘‘This subsection does not prohibit contribution of in-
formation, or authorized access, to the child pornography
identification database established by section 9 of the
Child Obscenity and Pornography Prevention Act of 2002
or the use, in conformity with such section, of information
lawfully obtained from such database.’’.
(c) Rule 803 of the Federal Rules of Evidence is
amended by adding at the end the following new para-
graph:
‘‘(24) A statement identifying an image or
other record obtained from the child pornography
identification database established by section 9 of
the Child Obscenity and Pornography Prevention
Act of 2002, as shown by the testimony of the custo-
dian or other qualified witness, or by certification
that complies with Rule 902(4).’’.
SEC. 10. SEVERABILITY.
If any provision of this Act, or the application of such
provision to any person or circumstance, is held invalid,
the remainder of this Act, and the application of such pro-
vision to other persons not similarly situated or to other
circumstances, shall not be affected by such invalidation.
Æ