Text: S.1738 — 110th Congress (2007-2008)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 110-401 (10/13/2008)

 
[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:

[[Page 122 STAT. 4230]]

            (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

[[Page 122 STAT. 4233]]

        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

[[Page 122 STAT. 4234]]

        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

[[Page 122 STAT. 4238]]

            (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):
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 154 (2008):
            Sept. 25, considered and passed Senate.
            Sept. 27, considered and passed House.

                                  <all>