[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4623 Reported in House (RH)]

                                                 Union Calendar No. 316
107th CONGRESS
  2d Session
                                H. R. 4623

                          [Report No. 107-526]

To prevent trafficking in child pornography and obscenity, to proscribe 
  pandering and solicitation relating to visual depictions of minors 
  engaging in sexually explicit conduct, to prevent the use of child 
 pornography and obscenity to facilitate crimes against children, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 30, 2002

Mr. Smith of Texas (for himself, Mr. Pomeroy, Mr. Foley, Ms. Hart, Mr. 
DeLay, Mr. Bryant, Mr. Goodlatte, Mr. Jenkins, Mr. Cannon, Mr. Green of 
 Wisconsin, Mr. Keller, Mrs. Johnson of Connecticut, Mr. Stearns, Mr. 
Nussle, Mrs. Capito, Mr. Gilchrest, Mr. Culberson, Mr. Weller, and Mr. 
    Upton) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

                             June 24, 2002

 Additional sponsors: Mr. Wamp, Mr. Pence, Mr. Hunter, Mr. Shows, Mr. 
Chambliss, Mr. Simmons, Mr. Baker, Mr. Osborne, Mr. Rogers of Michigan, 
   Mr. Lampson, Mr. LoBiondo, Mr. Weldon of Florida, Mr. Cramer, Mr. 
 Bachus, Mr. Green of Texas, Ms. Jackson-Lee of Texas, Mr. Schiff, Mr. 
 Stump, Mr. Sam Johnson of Texas, Mr. Hansen, Mr. Oxley, Mr. Sullivan, 
   Mr. Gordon, Mr. Kennedy of Minnesota, Mr. Phelps, Mr. Vitter, Mr. 
  Coble, Mr. Stenholm, Mr. Riley, Mr. Gekas, Mr. Ryun of Kansas, Mr. 
   Pickering, Mr. Frost, Mr. Cunningham, Ms. Carson of Indiana, Mr. 
  Shuster, Mr. Brown of South Carolina, Mr. Sessions, Mr. Istook, Mr. 
 Bartlett of Maryland, Mr. Matheson, Ms. Lofgren, Mr. Barr of Georgia, 
 Mr. Wicker, Mr. Stupak, Mr. Wilson of South Carolina, Mr. Moore, Mr. 
   Deal of Georgia, Mr. Jones of North Carolina, Mr. Souder, and Mr. 
                               Visclosky

                             June 24, 2002

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on April 
                               30, 2002]

_______________________________________________________________________

                                 A BILL


 
To prevent trafficking in child pornography and obscenity, to proscribe 
  pandering and solicitation relating to visual depictions of minors 
  engaging in sexually explicit conduct, to prevent the use of child 
 pornography and obscenity to facilitate crimes against children, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Obscenity and Pornography 
Prevention Act of 2002''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Obscenity and child pornography are not entitled to 
        protection under the First Amendment under Miller v. 
        California, 413 U.S. 15 (1973) (obscenity), or New York v. 
        Ferber, 458 U.S. 747 (1982) (child pornography) and thus may be 
        prohibited.
            (2) The Government has a compelling state interest in 
        protecting children from those who sexually exploit them, 
        including both child molesters and child pornographers. ``The 
        prevention of sexual exploitation and abuse of children 
        constitutes a government objective of surpassing importance,'' 
        New York v. Ferber, 458 U.S. 747, 757 (1982) (emphasis added), 
        and this interest extends to stamping out the vice of child 
        pornography at all levels in the distribution chain. Osborne v. 
        Ohio, 495 U.S. 103, 110 (1990).
            (3) The Government thus has a compelling interest in 
        ensuring that the criminal prohibitions against child 
        pornography remain enforceable and effective. ``[T]he most 
        expeditious if not the only practical method of law enforcement 
        may be to dry up the market for this material by imposing 
        severe criminal penalties on persons selling, advertising, or 
        otherwise promoting the product.'' Ferber, 458 U.S. at 760.
            (4) In 1982, when the Supreme Court decided Ferber, the 
        technology did not exist to: (A) create depictions of virtual 
        children that are indistinguishable from depictions of real 
        children; (B) create depictions of virtual children using 
        compositions of real children to create an unidentifiable 
        child; or (C) disguise pictures of real children being abused 
        by making the image look computer generated.
            (5) Evidence submitted to the Congress, including from the 
        National Center for Missing and Exploited Children, 
        demonstrates that technology already exists to disguise 
        depictions of real children to make them unidentifiable and to 
        make depictions of real children appear computer generated. The 
        technology will soon exist, if it does not already, to make 
        depictions of virtual children look real.
            (6) The vast majority of child pornography prosecutions 
        today involve images contained on computer hard drives, 
        computer disks, and/or related media.
            (7) There is no substantial evidence that any of the child 
        pornography images being trafficked today were made other than 
        by the abuse of real children. Nevertheless, technological 
        advances since Ferber have led many criminal defendants to 
        suggest that the images of child pornography they possess are 
        not those of real children, insisting that the government prove 
        beyond a reasonable doubt that the images are not computer-
        generated. Such challenges will likely increase after the 
        Ashcroft v. Free Speech Coalition decision.
            (8) Child pornography circulating on the Internet has, by 
        definition, been digitally uploaded or scanned into computers 
        and has been transferred over the Internet, often in different 
        file formats, from trafficker to trafficker. An image seized 
        from a collector of child pornography is rarely a first-
        generation product, and the retransmission of images can alter 
        the image so as to make it difficult for even an expert 
        conclusively to opine that a particular image depicts a real 
        child. If the original image has been scanned from a paper 
        version into a digital format, this task can be even harder 
        since proper forensic delineation may depend on the quality of 
        the image scanned and the tools used to scan it.
            (9) The impact on the government's ability to prosecute 
        child pornography offenders is already evident. The Ninth 
        Circuit has seen a significant adverse effect on prosecutions 
        since the 1999 Ninth Circuit Court of Appeals decision in Free 
        Speech Coalition. After that decision, prosecutions generally 
        have been brought in the Ninth Circuit only in the most clear-
        cut cases in which the government can specifically identify the 
        child in the depiction or otherwise identify the origin of the 
        image. This is a fraction of meritorious child pornography 
        cases. The National Center for Missing and Exploited Children 
        testified that, in light of the Supreme Court's affirmation of 
        the Ninth Circuit decision, prosecutors in various parts of the 
        country have expressed concern about the continued viability of 
        previously indicted cases as well as declined potentially 
        meritorious prosecutions.
            (10) In the absence of congressional action, this problem 
        will continue to grow increasingly worse. The mere prospect 
        that the technology exists to create computer or computer-
        generated depictions that are indistinguishable from depictions 
        of real children will allow defendants who possess images of 
        real children to escape prosecution, for it threatens to create 
        a reasonable doubt in every case of computer images even  when 
a real child was abused. This threatens to render child pornography 
laws that protect real children unenforceable.
            (11) To avoid this grave threat to the Government's 
        unquestioned compelling interest in effective enforcement of 
        the child pornography laws that protect real children, a 
        statute must be adopted that prohibits a narrowly-defined 
        subcategory of images.
            (12) The Supreme Court's 1982 Ferber v. New York decision 
        holding that child pornography was not protected drove child 
        pornography off the shelves of adult bookstores. Congressional 
        action is necessary to ensure that open and notorious 
        trafficking in such materials does not reappear.

SEC. 3. IMPROVEMENTS TO PROHIBITION ON VIRTUAL CHILD PORNOGRAPHY.

    (a) Section 2256(8)(B) of title 18, United States Code, is amended 
to read as follows:
                    ``(B) such visual depiction is a computer image or 
                computer-generated image that is, or is 
                indistinguishable (as defined in section 1466A) from, 
                that of a minor engaging in sexually explicit conduct; 
                or''.
    (b) Section 2256(2) of title 18, United States Code, is amended to 
read as follows:
            ``(2)(A) Except as provided in subparagraph (B), `sexually 
        explicit conduct' means actual or simulated--
                    ``(i) sexual intercourse, including genital-
                genital, oral-genital, anal-genital, or oral-anal, 
                whether between persons of the same or opposite sex;
                    ``(ii) bestiality;
                    ``(iii) masturbation;
                    ``(iv) sadistic or masochistic abuse; or
                    ``(v) lascivious exhibition of the genitals or 
                pubic area of any person;
            ``(B) For purposes of subsection 8(B) of this section, 
        `sexually explicit conduct' means--
                    ``(i) actual sexual intercourse, including genital-
                genital, oral-genital, anal-genital, or oral-anal, 
                whether between persons of the same or opposite sex, or 
                lascivious simulated sexual intercourse where the 
                genitals, breast, or pubic area of any person is 
                exhibited;
                    ``(ii) actual or lascivious simulated;
                            ``(I) bestiality;
                            ``(II) masturbation; or
                            ``(III) sadistic or masochistic abuse; or
                    ``(iii) actual or simulated lascivious exhibition 
                of the genitals or pubic area of any person;''.
    (c) Section 2252A(c) of title 18, United States Code, is amended to 
read as follows:
    ``(c)(1) Except as provided in paragraph (2), it shall be an 
affirmative defense to a charge of violating this section that the 
alleged offense did not involve the use of a minor or an attempt or 
conspiracy to commit an offense under this section involving such use.
    ``(2) A violation of, or an attempt or conspiracy to violate, this 
section which involves child pornography as defined in section 
2256(8)(A) or (C) shall be punishable without regard to the affirmative 
defense set forth in paragraph (1).''.

SEC. 4. PROHIBITION ON PANDERING MATERIALS AS CHILD PORNOGRAPHY.

    (a) Section 2256(8) of title 18, United States Code, is amended--
            (1) in subparagraph (C), by striking ``or'' at the end and 
        inserting ``and''; and
            (2) by striking subparagraph (D).
    (b) Chapter 110 of title 18, United States Code, is amended--
            (1) by inserting after section 2252A the following:
``Sec. 2252B. Pandering and solicitation
    ``(a) Whoever, in a circumstance described in subsection (d), 
offers, agrees, attempts, or conspires to provide or sell a visual 
depiction to another, and who in connection therewith knowingly 
advertises, promotes, presents, or describes the visual depiction with 
the intent to cause any person to believe that the material is, or 
contains, a visual depiction of a minor engaging in sexually explicit 
conduct shall be subject to the penalties set forth in section 
2252A(b)(1), including the penalties provided for cases involving a 
prior conviction.
    ``(b) Whoever, in a circumstance described in subsection (d), 
offers, agrees, attempts, or conspires to receive or purchase from 
another a visual depiction that he believes to be, or to contain, a 
visual depiction of a minor engaging in sexually explicit conduct shall 
be subject to the penalties set forth in section 2252A(b)(1), including 
the penalties provided for cases involving a prior conviction.
    ``(c) It is not a required element of any offense under this 
section that any person actually provide, sell, receive, purchase, 
possess, or produce any visual depiction.
    ``(d) The circumstance referred to in subsection (a) and (b) is 
that--
            ``(1) any communication involved in or made in furtherance 
        of the offense is communicated or transported by the mail, or 
        in interstate or foreign commerce by any means, including by 
        computer, or any means or instrumentality of interstate or 
        foreign commerce is otherwise used in committing or in 
        furtherance of the commission of the offense;
            ``(2) any communication involved in or made in furtherance 
        of the offense contemplates the transmission or transportation 
        of a visual depiction by the mail, or in interstate or foreign 
        commerce by any means, including by computer;
            ``(3) any person travels or is transported in interstate or 
        foreign commerce in the course of the commission or in 
        furtherance of the commission of the offense;
            ``(4) any visual depiction involved in the offense has been 
        mailed, or has been shipped or transported in interstate or 
        foreign commerce by any means, including by computer, or was 
        produced using materials that have been mailed, or that have 
        been shipped or transported in interstate or foreign commerce 
        by any means, including by computer; or
            ``(5) the offense is committed in the special maritime and 
        territorial jurisdiction of the United States  or in any 
territory or possession of the United States.'';
            (2) in the analysis for the chapter, by inserting after the 
        item relating to section 2252A the following:

``2252B. Pandering and solicitation.''.

SEC. 5. PROHIBITION OF OBSCENITY DEPICTING YOUNG CHILDREN.

    (a) Chapter 71 of title 18, United States Code, is amended--
            (1) by inserting after section 1466 the following:
``Sec. 1466A. Obscene visual depictions of young children
    ``(a) Whoever, in a circumstance described in subsection (d), 
knowingly produces, distributes, receives, or possesses with intent to 
distribute a visual depiction that is, or is indistinguishable from, 
that of a pre-pubescent child engaging in sexually explicit conduct, or 
attempts or conspires to do so, shall be subject to the penalties set 
forth in section 2252A(b)(1), including the penalties provided for 
cases involving a prior conviction.
    ``(b) Whoever, in a circumstance described in subsection (d), 
knowingly possesses a visual depiction that is, or is indistinguishable 
from, that of a pre-pubescent child engaging in sexually explicit 
conduct, or attempts or conspires to do so, shall be subject to the 
penalties set forth in section 2252A(b)(2), including the penalties 
provided for cases involving a prior conviction.
    ``(c) For purposes of this section--
            ``(1) the term `visual depiction' includes undeveloped film 
        and videotape, and data stored on computer disk or by 
        electronic means which is capable of conversion into a visual 
        image, and also includes any photograph, film, video, picture, 
        or computer or computer-generated image or picture, whether 
        made or produced by electronic, mechanical, or other means;
            ``(2) the term `pre-pubescent child' means that (A) the 
        child, as depicted, is one whose physical development indicates 
        the child is 12 years of age or younger; or (B) the child, as 
        depicted, does not exhibit significant pubescent physical or 
        sexual maturation. Factors that may be considered in 
        determining significant pubescent physical maturation include 
        body habitus and musculature, height and weight proportion, 
        degree of hair distribution over the body, extremity proportion 
        with respect to the torso, and dentition. Factors that may be 
        considered in determining significant pubescent sexual 
        maturation include breast development, presence of axillary 
        hair, pubic hair distribution, and visible growth of the sexual 
        organs;
            ``(3) the term `sexually explicit conduct' has the meaning 
        set forth in section 2256(2); and
            ``(4) the term `indistinguishable' used with respect to a 
        depiction, means virtually indistinguishable, in that the 
        depiction is such that an ordinary person viewing the depiction 
        would conclude that the depiction is of an actual minor engaged 
        in sexually explicit conduct. This definition does not apply to 
        depictions that are drawings, cartoons, sculptures, or 
        paintings depicting minors or adults.
    ``(d) The circumstance referred to in subsections (a) and (b) is 
that--
            ``(1) any communication involved in or made in furtherance 
        of the offense is communicated or transported by the mail, or 
        in interstate or foreign commerce by any means, including by 
        computer, or any means or instrumentality of interstate or 
        foreign commerce is otherwise used in committing or in 
        furtherance of the commission of the offense;
            ``(2) any communication involved in or made in furtherance 
        of the offense contemplates the transmission or transportation 
        of a visual depiction by the mail, or in interstate or foreign 
        commerce by any means, including by computer;
            ``(3) any person travels or is transported in interstate or 
        foreign commerce in the course of the commission or in 
        furtherance of the commission of the offense;
            ``(4) any visual depiction involved in the offense has been 
        mailed, or has been shipped or transported in interstate or 
        foreign commerce by any means, including by computer, or was 
        produced using materials that have been mailed, or that have 
        been shipped or transported in interstate or foreign commerce 
        by any means, including by computer; or
            ``(5) the offense is committed in the special maritime and 
        territorial jurisdiction of the United States or in any 
        territory or possession of the United States.
    ``(e) In a case under subsection (b), it is an affirmative defense 
that the defendant--
            ``(1) possessed less than three such images; and
            ``(2) promptly and in good faith, and without retaining or 
        allowing any person, other than a law enforcement agency, to 
        access any image or copy thereof--
                    ``(A) took reasonable steps to destroy each such 
                image; or
                    ``(B) reported the matter to a law enforcement 
                agency and afforded that agency access to each such 
                image.
``Sec. 1466B. Obscene visual representations of pre-pubescent sexual 
              abuse
    ``(a) Whoever, in a circumstance described in subsection (e), 
knowingly produces, distributes, receives, or possesses with intent to 
distribute a visual depiction of any kind, including a drawing, 
cartoon, sculpture, or painting, that--
            ``(1) depicts a pre-pubescent child engaging in sexually 
        explicit conduct, and
            ``(2) is obscene, or who attempts or conspires to do so, 
        shall be subject to the penalties set forth in section 
        2252A(b)(1), including the penalties provided for cases 
        involving a prior conviction.
    ``(b) Whoever, in a circumstance described in subsection (e), 
knowingly possesses a visual depiction of any kind, including a 
drawing, cartoon, sculpture, or painting, that--
            ``(1) depicts a pre-pubescent child engaging in sexually 
        explicit conduct, and
            ``(2) is obscene,
    ``or who attempts or conspires to do so, shall be subject to the 
penalties set forth in section 2252A(b)(2), including the penalties 
provided for cases involving a prior conviction.
    ``(c) It is not a required element of any offense under this 
section that the pre-pubescent child depicted actually exist.
    ``(d) For purposes of this section, the terms `visual depiction' 
and `pre-pubescent child' have respectively the meanings given those 
terms in seciton 1466A, and the term `sexually explicit conduct' has 
the meaning given that term in section 2256(2)(B).
    ``(e) The circumstance referred to in subsection (a) and (b) is 
that--
            ``(1) any communication involved in or made in furtherance 
        of the offense is communicated or transported by the mail, or 
        in interstate or foreign commerce by any means, including by 
        computer, or any means or instrumentality of interstate or 
        foreign commerce is otherwise used in committing or in 
        furtherance of the commission of the offense;
            ``(2) any communication involved in or made in furtherance 
        of the offense contemplates the transmission or transportation 
        of a visual depiction by the mail, or in interstate or foreign 
        commerce by any means, including by computer;
            ``(3) any person travels or is transported in interstate or 
        foreign commerce in the course of the commission or in 
        furtherance of the commission of the offense;
            ``(4) any visual depiction involved in the offense has been 
        mailed, or has been shipped or transported in interstate or 
        foreign commerce by any means, including by computer, or was 
        produced using materials that have been mailed, or that have 
        been shipped or transported in interstate or foreign commerce 
        by any means, including by computer; or
            ``(5) the offense is committed in the special maritime and 
        territorial jurisdiction of the United States or in any 
        territory or possession of the United States.
    ``(f) In a case under subsection (b), it is an affirmative defense 
that the defendant--
            ``(1) possessed less than three such images; and
            ``(2) promptly and in good faith, and without retaining or 
        allowing any person, other than a law enforcement agency, to 
        access any image or copy thereof--
                    ``(A) took reasonable steps to destroy each such 
                image; or
                    ``(B) reported the matter to a law enforcement 
                agency and afforded that agency access to each such 
                image.''; and
            (2) in the analysis for the chapter, by inserting after the 
        item relating to section 1466 the following:

``1466A. Obscene visual depictions of young children.
``1466B. Obscene visual representations of pre-pubescent sexual 
                            abuse.''.
    (b)(1) Except as provided in paragraph (2), the applicable category 
of offense to be used in determining the sentencing range referred to 
in section 3553(a)(4) of title 18, United States Code, with respect to 
any person convicted under section 1466A or 1466B of such title, shall 
be the category of offenses described in section 2G2.2 of the 
Sentencing Guidelines.
    (2) The Sentencing Commission may promulgate guidelines 
specifically governing offenses under section 1466A of title 18, United 
States Code, provided that such guidelines shall not result in 
sentencing ranges that are lower than those that would have applied 
under paragraph (1).

SEC. 6. PROHIBITION ON USE OF MATERIALS TO FACILITATE OFFENSES AGAINST 
              MINORS.

    Chapter 71 of title 18, United States Code, is amended--
            (1) by inserting at the end the following:
``Sec. 1471. Use of obscene material or child pornography to facilitate 
              offenses against minors
    ``(a) Whoever, in any circumstance described in subsection (c), 
knowingly--
            ``(1) provides or shows to a person below the age of 16 
        years any visual depiction that is, or is indistinguishable 
        from, that of a pre-pubescent child engaging in sexually 
        explicit conduct, any obscene matter, or any child pornography; 
        or
            ``(2) provides or shows any obscene matter or child 
        pornography, or any visual depiction that is, or is 
        indistinguishable from, that of a pre-pubescent child engaging 
        in sexually explicit conduct, or any other material assistance 
        to any person in connection with any conduct, or any attempt, 
        incitement, solicitation, or conspiracy to engage in any 
        conduct, that involves a minor and that violates chapter 109A, 
        110, or 117, or that would violate chapter 109A if the conduct 
        occurred in the special maritime and territorial jurisdiction 
        of the United States,
shall be subject to the penalties set forth in section 2252A(b)(1), 
including the penalties provided for cases involving a prior 
conviction.
    ``(b) For purposes of this section--
            ``(1) the term `child pornography' has the meaning set 
        forth in section 2256(8);
            ``(2) the terms `visual depiction', `pre-pubescent child', 
        and `indistinguishable' have the meanings respectively set 
        forth for those terms in section 1466A(c); and
            ``(3) the term `sexually explicit conduct' has the meaning 
        set forth in section 2256(2).
    ``(c) The circumstance referred to in subsection (a) is that--
            ``(1) any communication involved in or made in furtherance 
        of the offense is communicated or transported by the mail, or 
        in interstate or foreign commerce by any means, including by 
        computer, or any means or instrumentality of interstate or 
        foreign commerce is otherwise used in committing or in 
        furtherance of the commission of the offense;
            ``(2) any communication involved in or made in furtherance 
        of the offense contemplates the transmission or transportation 
        of a visual depiction or obscene matter by the mail, or in 
        interstate or foreign commerce by any means, including by 
        computer;
            ``(3) any person travels or is transported in interstate or 
        foreign commerce in the course of the commission or in 
        furtherance of the commission of the offense;
            ``(4) any visual depiction or obscene matter involved in 
        the offense has been mailed, or has been shipped or transported 
        in interstate or foreign commerce by any means, including by 
        computer, or was produced using materials that have been 
        mailed, or that have been shipped or transported in interstate 
        or foreign commerce by any means, including by computer; or
            ``(5) the offense is committed in the special maritime and 
        territorial jurisdiction of the United States or in any 
        territory or possession of the United States.'';
            (2) in the analysis for the chapter, by inserting at the 
        end the following:

``1471. Use of obscene material or child pornography to facilitate 
                            offenses against minors.''.

SEC. 7. EXTRATERRITORIAL PRODUCTION OF CHILD PORNOGRAPHY FOR 
              DISTRIBUTION IN THE UNITED STATES.

    Section 2251 is amended--
            (1) by striking ``subsection (d)'' each place it appears in 
        subsections (a), (b), and (c) and inserting ``subsection (e)'';
            (2) by redesignating subsections (c) and (d), respectively, 
        as subsections (d) and (e); and
            (3) by inserting after subsection (b) a new subsection (c) 
        as follows:
    ``(c)(1) Any person who, in a circumstance described in paragraph 
(2), employs, uses, persuades, induces, entices, or coerces any minor 
to engage in, or who has a minor assist any other person to engage in, 
any sexually explicit conduct outside of the United States, its 
possessions and Territories, for the purpose of producing any visual 
depiction of such conduct, shall be punished as provided under 
subsection (e).
    ``(2) The circumstance referred to in paragraph (1) is that--
            ``(A) the person intends such visual depiction to be 
        transported to the United States, its possessions, or 
        territories, by any means including by computer or mail;
            ``(B) the person transports such visual depiction to, or 
        otherwise makes it available within, the United States, its 
        possessions, or territories, by any means including by computer 
        or mail.''.

SEC. 8. STRENGTHENING ENHANCED PENALTIES FOR REPEAT OFFENDERS.

    Sections 2251(e) (as redesignated by section 7(2)), 2252(b), and 
2252A(b) of title 18, United States Code, are each amended by inserting 
``chapter 71,'' immediately before each occurrence of ``chapter 
109A,''.

SEC. 9. SERVICE PROVIDER REPORTING OF CHILD PORNOGRAPHY AND RELATED 
              INFORMATION.

    (a) Section 227 of the Victims of Child Abuse Act of 1990 (42 
U.S.C. 13032) is amended--
            (1) in subsection (b)(1)--
                    (A) by inserting ``2252B,'' after ``2252A,''; and
                    (B) by inserting ``or a violation of section 1466A 
                or 1466B of that title,'' after ``of that title),'';
            (2) in subsection (c), by inserting ``or pursuant to'' 
        after ``to comply with'';
            (3) by amending subsection (f)(1)(D) to read as follows:
                    ``(D) where 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.'';
            (4) by redesignating paragraph (3) of subsection (b) as 
        paragraph (4); and
            (5) by inserting after paragraph (2) of subsection (b) the 
        following new paragraph:
            ``(3) In addition to forwarding such reports to those 
        agencies designated in subsection (b)(2), the National Center 
        for Missing and Exploited Children is authorized to forward any 
        such report to an appropriate official of a state or 
        subdivision of a state for the purpose of enforcing state 
        criminal law.''.
    (b) Section 2702 of title 18, United States Code is amended--
            (1) in subsection (b)--
                    (A) in paragraph (6)--
                            (i) by inserting ``or'' at the end of 
                        subparagraph (A)(ii);
                            (ii) by striking subparagraph (B); and
                            (iii) by redesignating subparagraph (C) as 
                        subparagraph (B);
                    (B) by redesignating paragraph (6) as paragraph 
                (7);
                    (C) by striking ``or'' at the end of paragraph (5); 
                and
                    (D) by inserting after paragraph (5) the following 
                new paragraph:
            ``(6) to the National Center for Missing and Exploited 
        Children, in connection with a report submitted thereto under 
        section 227 of the Victims of Child Abuse Act of 1990 (42 
        U.S.C. 13032); or''; and
            (2) in subsection (c)--
                    (A) by striking ``or'' at the end of paragraph (4);
                    (B) by redesignating paragraph (5) as paragraph 
                (6); and
                    (C) by adding after paragraph (4) the following new 
                paragraph:
            ``(5) to the National Center for Missing and Exploited 
        Children, in connection with a report submitted thereto under 
        section 227 of the Victims of Child Abuse Act of 1990 (42 
        U.S.C. 13032); or''.

SEC. 10. SEVERABILITY.

    If any provision of this Act, or the application of such provision 
to any person or circumstance, is held invalid, the remainder of this 
Act, and the application of such provision to other persons not 
similarly situated or to other circumstances, shall not be affected by 
such invalidation.

SEC. 11. INVESTIGATIVE AUTHORITY RELATING TO CHILD PORNOGRAPHY.

    Section 3486(a)(1)(C)(i) of title 18, United States Code, is 
amended by striking ``the name, address'' and all that follows through 
``subscriber or customer'' and inserting ``the information specified in 
section 2703(c)(2)''.




                                                 Union Calendar No. 316

107th CONGRESS

  2d Session

                               H. R. 4623

                          [Report No. 107-526]

_______________________________________________________________________

                                 A BILL

To prevent trafficking in child pornography and obscenity, to proscribe 
  pandering and solicitation relating to visual depictions of minors 
  engaging in sexually explicit conduct, to prevent the use of child 
 pornography and obscenity to facilitate crimes against children, and 
                          for other purposes.

_______________________________________________________________________

                             June 24, 2002

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed