PROTECT Our Children Act of 2008

Bill: 110-s-1738
Sponsor: Sen. Biden, Joseph R., Jr. [D-DE]
Introduced: 2007-06-28 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Child pornography
Child sexual abuse
Computer crimes
Congress
Congressional investigations
Congressional reporting requirements
Crime prevention
Criminal investigation
Criminal justice information
Customs administration
Department of Homeland Security
Department of Justice
Economics and Public Finance
Electronic surveillance
Executive reorganization
Families
Federal Bureau of Investigation (FBI)
Federal advisory bodies
Federal aid to law enforcement
Federal law enforcement officers
Foreign Trade and International Finance
Government Operations and Politics
Internet
Postal service
Prosecution
Recruiting of employees
Science, Technology, Communications
Sentences (Criminal procedure)

Summary:
action_date: 2007-06-28
text: 
Combating Child Exploitation Act of 2007 - Requires the Attorney General to appoint a Special Counsel for Child Exploitation Prevention and Interdiction within the Office of Deputy Attorney General to coordinate Department of Justice policies and strategies for the prevention and investigation of child exploitation cases. 

Establishes within the Office of Justice Programs an Internet Crimes Against Children Task Force (ICAC Task Force), consisting of state and local task forces (one task force for each state) to address online enticement of children, child exploitation, and child obscenity and pornography cases.

Requires the Attorney General to establish a National Internet Crimes Against Children Data Network Center to assist the ICAC Task Force program and federal, state, local, and tribal agencies investigating and prosecuting child exploitation. 

Authorizes the Attorney General to award grants to state and local ICAC task forces to combat Internet crimes against children.

Requires the Attorney General to establish additional computer forensic capacity to address backlogs, including for child exploitation investigations.

Amends the federal criminal code to authorize wiretapping in state child exploitation investigations.

Authorizes funding for additional agents and personnel for the Federal Bureau of Investigation (FBI), the Bureau of Immigration and Customs Enforcement, and the U.S. Postal Service.

action_date: 2008-07-07
text: 
Combating Child Exploitation Act of 2008 - 
Title I: National Strategy for Child Exploitation Prevention and Interdiction
 - (Sec. 101) Directs the Attorney General to create and implement a National Strategy for Child Exploitation Prevention and Interdiction (National Strategy). Sets forth the required content of such National Strategy, including: (1) comprehensive long-range goals for reducing child exploitation; (2) annual budget priorities and federal efforts for combating child exploitation; (3) a five-year projection for program and budget goals and priorities; (4) a review of the policies and work of the Department of Justice (DOJ) related to child exploitation crimes; (5) a description of DOJ efforts to coordinate with international, state, local, and tribal law enforcement and private entities on child exploitation prevention and interdiction efforts; (6) a review of ICAC Task Force Programs; (7) plans for reducing the backlog of forensic analysis for child exploitation cases; (8) a review of federal programs for child exploitation prevention and education; (9) plans for liaisons with the judiciary on matters relating to child exploitation; and (10) a review of statistical data indicating the overall magnitude of U.S. and international child pornography trafficking.

Requires the Attorney General to designate a DOJ senior official to coordinate and develop the National Strategy.

(Sec. 102) Establishes within DOJ a National Internet Crimes Against Children (ICAC) Task Force Program consisting of state and local task forces (including at least one ICAC Task Force for each state) to address online enticement of children, child exploitation, and child obscenity and pornography. 

(Sec. 103) Sets forth the purposes of the ICAC Task Force Program, including: (1) increasing the investigative capabilities of state and local law enforcement officers in the detection and investigation of child exploitation crimes facilitated by the Internet and the apprehension of offenders; (2) providing training and technical assistance to ICAC task forces and other federal, state, and local law enforcement agencies; (3) increasing the number of Internet crimes against children offenses to be investigated and prosecuted; (4) enhancing the nationwide response to Internet crimes against children offenses; and (5) developing and delivering Internet crimes against children public awareness and prevention programs. 

(Sec. 104) Sets forth the duties and functions of state and local ICAC task forces relating to investigations, forensic examinations, and prosecutions of Internet crimes against children.

(Sec. 105) Directs the Attorney General to establish a National Internet Crimes Against Children Data System to assist the National ICAC Task Force Program and federal, state, local, and tribal agencies investigating and prosecuting child exploitation. Requires the Data System to develop and maintain a technology and training program to provide: (1) a secure system of online communications between ICAC task forces and federal, state, and local law enforcement agencies regarding ongoing investigations; (2) a secure online system for resolving case conflicts; (3) a secure data storage and analysis system; and (4) guidelines and technical assistance for the use of the Data System by federal, state, and local law enforcement agencies.

Directs the Attorney General to establish an ICAC Data System Steering Committee. 

Authorizes appropriations for FY2009-FY2016.

(Sec. 106) Authorizes the Attorney General to award grants to state and local ICAC task forces. Sets forth criteria for the distribution of ICAC grants funds.

Requires state or local ICAC task forces receiving grants to submit annual reports to the Attorney General on the operations of such task forces.

Requires the Attorney General to report to Congress on: (1) the progress of ICAC task forces; and (2) the number of federal and state investigations, prosecutions, and convictions in the prior 12-month period related to child exploitation. 

(Sec. 107) Authorizes appropriations for FY2009-FY2016.

Title II: Additional Measures to Combat Child Exploitation 
- Sec. 201) Requires the Attorney General to: (1) establish additional computer forensic capacity to address the current backlog for computer forensics, including for child exploitation investigations; and (2) report to Congress annually on the use of funds for such purpose. Authorizes appropriations for FY2009-FY2016. 

(Sec. 202) Authorizes appropriations for FY2009-FY2016 for the hiring of additional Federal Bureau of Investigation (FBI) agents and personnel to work solely on child exploitation cases as part of the FBI's Innocent Images National Initiative. 

(Sec. 203) Authorizes appropriations for FY2009-FY2016 for the hiring of additional full-time personnel in the Bureau of Immigration and Customs Enforcement and the U.S. Postal Service to work solely on child exploitation and obscenity cases. 

Title III: Effective Child Pornography Prosecution 
- (Sec. 301) Amends the federal criminal code to expand the jurisdictional bases for prosecutions of crimes involving child exploitation, selling or buying of children, material involving sexual exploitation of minors or containing child pornography, and obscene visual representations of the sexual abuse of children.

(Sec. 302) Expands the crime of child sexual exploitation to prohibit the transmission of live images of child abuse.

(Sec. 303) Expands the definition of &quot;visual depiction&quot; for purposes of child exploitation crimes to include data capable of conversion into a visual image transmitted by any means.

(Sec. 305) Prohibits the alteration of a visual depiction of an identifiable minor child so that it depicts child pornography.

(Sec. 306) Allows a provider of electronic communication or remote computing services to voluntarily report apparent child pornography violations directly to a foreign law enforcement agency.

Title IV: National Institute of Justice Study of Risk Factors
 - Requires the National Institute of Justice, not later than one year after the enactment of this Act, to: (1) prepare a report on investigative factors that indicate whether a subject of an online child exploitation investigation poses a higher risk of harm to children; and (2) submit such report to the House and Senate Judiciary Committees. Authorizes appropriations. 

action_date: 2008-10-13
text: 
Providing Resources, Officers, and Technology to Eradicate Cyber Threats to Our Children Act of 2008 or the PROTECT Our Children Act of 2008 - 
Title I: National Strategy for Child Exploitation Prevention and Interdiction
 
-
 (Sec. 101) Directs the Attorney General to create and implement a National Strategy for Child Exploitation Prevention and Interdiction. Sets forth the required content of such Strategy, including: (1) comprehensive long-range goals for reducing child exploitation; (2) annual budget priorities and federal efforts for combating child exploitation; (3) a five-year projection for program and budget goals and priorities; (4) a review of the policies and work of the Department of Justice (DOJ) related to the prevention and investigation of child exploitation crimes; (5) a description of DOJ efforts to coordinate with international, state, local, and tribal law enforcement and private entities on child exploitation prevention and interdiction efforts; (6) a review of Internet Crimes Against Children (ICAC) Task Force Programs; (7) plans for reducing the backlog of forensic analysis for child exploitation cases; (8) a review of federal programs for child exploitation prevention and education; (9) plans for liaisons with the judiciary on matters relating to child exploitation; (10) an assessment of federal investigative and prosecution activity relating to reported incidents of child exploitation crimes; (11) a review of statistical data indicating the overall magnitude of U.S. and international child pornography trafficking; and (12) a review of the cooperation between the private and public sector in combating child exploitation.

Requires the Attorney General to designate a DOJ senior official to coordinate the development of the Strategy.

(Sec. 102) Establishes within DOJ a National Internet Crimes Against Children (ICAC) Task Force Program consisting of state and local task forces (including at least one ICAC task force for each state) to address online enticement of children, child exploitation, and child obscenity and pornography. Requires the Attorney General to conduct periodic reviews of the effectiveness of each ICAC task force. Authorizes the Attorney General to establish new task forces and establish national training programs to support the mission of ICAC task forces.

(Sec. 103) Sets forth the purposes of the ICAC Task Force Program, including: (1) increasing the investigative capabilities of state and local law enforcement officers in the detection and investigation of child exploitation crimes facilitated by the Internet and the apprehension of offenders; (2) providing training and technical assistance to ICAC task forces and other federal, state, and local law enforcement agencies; (3) increasing the number of Internet crimes against children offenses to be investigated and prosecuted; (4) enhancing the nationwide response to Internet crimes against children offenses; and (5) developing and delivering Internet crimes against children public awareness and prevention programs.

(Sec. 104) Sets forth the duties and functions of state and local ICAC task forces relating to investigations, forensic examinations, and prosecutions of Internet crimes against children.

(Sec. 105) Directs the Attorney General to establish a National Internet Crimes Against Children Data System (ICAC Data System) to assist the National ICAC Task Force Program and federal, state, local, and tribal agencies investigating and prosecuting child exploitation. Requires the ICAC Data System to develop and maintain a technology and training program to provide: (1) a secure system of online communications between ICAC task forces and federal, state, and local law enforcement agencies regarding ongoing investigations; (2) a secure online system for resolving case conflicts; (3) a secure data storage and analysis system; and (4) guidelines and technical assistance for the use of the ICAC Data System by federal, state, and local law enforcement agencies.

Directs the Attorney General to establish an ICAC Data System Steering Committee to provide guidance to the ICAC System and to assist in the development of strategic plans for the System.

Authorizes appropriations for FY2009-FY2016.

(Sec. 106) Authorizes the Attorney General to award grants to state and local ICAC task forces. Sets forth criteria for the distribution of ICAC grants funds.

Requires state or local ICAC task forces receiving grants to submit annual reports to the Attorney General on the operations of such task forces.

Requires the Attorney General to report to Congress on: (1) the progress of the development of the ICAC Task Force Program; and (2) the number of federal and state investigations, prosecutions, and convictions in the prior 12-month period related to child exploitation. 

(Sec. 107) Authorizes appropriations for FY2009-FY2013.

Title II: Additional Measures to Combat Child Exploitation
 - Requires the Attorney General to: (1) establish additional computer forensic capacity to address the current backlog for computer forensics, including for child exploitation investigations; and (2) report to Congress annually on the use of funds for such purpose. Authorizes appropriations for FY2009-FY2013.

Title III: Effective Child Pornography Prosecution
 - (Sec. 301) Amends the federal criminal code to prohibit: (1) the transmission of a live visual depiction of child sexual exploitation; and (2) the distribution of child pornography that is an adapted or modified depiction of an identifiable minor. 

Title IV: National Institute of Justice Study of Risk Factors - 
Requires the National Institute of Justice to: (1) prepare a report on investigative factors that indicate whether a subject of an online child exploitation investigation poses a high risk of harm to children; and (2) submit such report to the House and Senate Judiciary Committees. Authorizes appropriations. 

Title V: Securing Adolescents from Online Exploitation 
- (Sec. 501) Requires electronic communication or remote computing service providers who obtain actual knowledge of violations of child exploitation and pornography laws to: (1) provide contact information to the CyberTipline of the National Center for Missing and Exploited Children (NCMEC); and (2) provide information relating to the Internet identity of any individual who appears to have violated a child exploitation or pornography law, including the geographic location of such individual and images of any apparent child pornography. 

Requires NCMEC to forward any report of suspected child pornography violations to law enforcement agencies designated by the Attorney General. Allows NCMEC to send such reports to foreign law enforcement agencies designated by the Attorney General.

Imposes civil penalties on service providers who fail to report suspected child exploitation or pornography.

 Prohibits law enforcement agencies that receive reports from service providers from disclosing information in such reports except for law enforcement and criminal defense purposes.

Requires service providers to preserve images of child pornography for evidentiary purposes. 

Grants service providers and NCMEC limited immunity from civil and criminal liability for reporting information required by this Act, except in cases of intentional misconduct, actual malice or recklessness. Requires service providers and NCMEC to minimize employee access to pornographic images and to destroy such images upon notification from a law enforcement agency.

Authorizes NCMEC to provide images of child pornography reported to its CyberTipline to service providers to enable such providers to stop further transmission of pornographic images of children.

Grants the Attorney General authority to enforce the reporting requirement for electronic communication or remote computing service providers set out by this title. 

(Sec. 502) Requires the Attorney General to report to the House and Senate Judiciary Committees on the structure established in this Act, privacy safeguards contained in reporting requirements, and information sharing. 

Requires the Comptroller General to conduct an audit and report to the House and Senate Judiciary Committees on: (1) the efforts, activities, and actions of the CyberTipline; (2) recommendations for legislative, administrative, or regulatory changes; and (3) the effectiveness of actions taken by the CyberTipline and the Attorney General to promote efficient use of federal funds and resources to enforce, investigate, or prosecute child pornography crimes. 

(Sec. 503) Provides that if any provision of this title is held to be unconstitutional, the remaining provisions shall remain in full force and effect and shall not be affected by the holding.


Legislative actions:
action_date: 2008-10-13
text: Became Public Law No: 110-401.
action_date: 2008-10-13
text: Became Public Law No: 110-401.
action_date: 2008-10-13
text: Signed by President.
action_date: 2008-10-13
text: Signed by President.
action_date: 2008-10-02
text: Presented to President.
action_date: 2008-10-02
text: Presented to President.
action_date: 2008-09-27
text: Cleared for White House.
action_date: 2008-09-27
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-09-27
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H10242-10248)
action_date: 2008-09-27
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H10242-10248)
action_date: 2008-09-27
text: DEBATE - The House proceeded with forty minutes of debate on S. 1738.
action_date: 2008-09-27
text: Considered under suspension of the rules. (consideration: CR H10241-10251)
action_date: 2008-09-27
text: Mr. Conyers moved to suspend the rules and pass the bill.
action_date: 2008-09-26
text: Held at the desk.
action_date: 2008-09-26
text: Message on Senate action sent to the House.
action_date: 2008-09-26
text: Received in the House.
action_date: 2008-09-25
text: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
action_date: 2008-09-25
text: Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
action_date: 2008-09-25
text: The committee substitute was withdrawn by Unanimous Consent.
action_date: 2008-09-25
text: Measure laid before Senate by unanimous consent. (consideration: CR S9544-9548; text of measure as reported in Senate: CR S9544-9548)
action_date: 2008-07-07
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 862.
action_date: 2008-07-07
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2008-07-07
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2008-05-15
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2008-04-16
text: Committee on the Judiciary Senate Subcommittee on Crime and Drugs. Hearings held.
action_date: 2007-06-28
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2007-06-28
text: Sponsor introductory remarks on measure. (CR S8709)
action_date: 2007-06-28
text: Introduced in Senate

Enacted as: number: 110-401