[110th Congress Public Law 401]
[From the U.S. Government Printing Office]
[DOCID: f:publ401.110]
[[Page 122 STAT. 4229]]
Public Law 110-401
110th Congress
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. <<NOTE: Oct. 13, 2008 - [S. 1738]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Providing
Resources, Officers, and Technology To Eradicate Cyber Threats to Our
Children Act of 2008.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short <<NOTE: 42 USC 17601 note.>> 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. <<NOTE: 42 USC 17601.>> DEFINITIONS.
In this Act, the following definitions shall apply:
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(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. <<NOTE: 42 USC 17611.>> 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 <<NOTE: Deadlines.>> 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
[[Page 122 STAT. 4231]]
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
[[Page 122 STAT. 4232]]
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
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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. <<NOTE: 42 USC 17612.>> 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 <<NOTE: Consultation.>> 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
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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) <<NOTE: Notification.>> 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. <<NOTE: 42 USC 17613.>> 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
[[Page 122 STAT. 4235]]
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. <<NOTE: 42 USC 17614.>> 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) <<NOTE: Standards.>> 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) <<NOTE: Procedures.>> develop procedures for handling
seized evidence;
(10) <<NOTE: Reports. Records.>> 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
[[Page 122 STAT. 4236]]
(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. <<NOTE: 42 USC 17615.>> 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
[[Page 122 STAT. 4237]]
(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) <<NOTE: Guidelines.>> 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
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(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 <<NOTE: Establishment.>> 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. <<NOTE: 42 USC 17616.>> 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:
[[Page 122 STAT. 4239]]
(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 <<NOTE: Criteria.>> 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;
[[Page 122 STAT. 4240]]
(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
[[Page 122 STAT. 4241]]
(B) the number of Federal and State investigations,
prosecutions, and convictions in the prior 12-month
period related to child exploitation.
SEC. 107. <<NOTE: 42 USC 17617.>> 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. <<NOTE: 42 USC 17631.>> 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.
[[Page 122 STAT. 4242]]
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;
[[Page 122 STAT. 4243]]
(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 <<NOTE: Deadline. Reports.>> 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:
[[Page 122 STAT. 4244]]
``SEC. 2258A. <<NOTE: 18 USC 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.
[[Page 122 STAT. 4245]]
``(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).
[[Page 122 STAT. 4246]]
``(4) Reporting designated
foreign <<NOTE: Lists.>> 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
[[Page 122 STAT. 4247]]
``(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--
[[Page 122 STAT. 4248]]
``(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. <<NOTE: 18 USC 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
[[Page 122 STAT. 4249]]
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. <<NOTE: 18 USC 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.
[[Page 122 STAT. 4250]]
``(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. <<NOTE: 18 USC 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. <<NOTE: 18 USC 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;
[[Page 122 STAT. 4251]]
``(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
[[Page 122 STAT. 4252]]
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. <<NOTE: 18 USC 2251 note.>> 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
[[Page 122 STAT. 4253]]
(2) shall not be affected by the holding.
Approved October 13, 2008.
LEGISLATIVE HISTORY--S. 1738 (H.R. 3845):
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CONGRESSIONAL RECORD, Vol. 154 (2008):
Sept. 25, considered and passed Senate.
Sept. 27, considered and passed House.
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