[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5749 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5749

     To amend title 18, United States Code, to protect youth from 
   exploitation by adults using the Internet, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 2006

Mr. Foley (for himself and Mr. Fitzpatrick of Pennsylvania) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend title 18, United States Code, to protect youth from 
   exploitation by adults using the Internet, 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 ``Internet Stopping Adults 
Facilitating the Exploitation of Today's Youth Act (SAFETY) of 2006''.

SEC. 2. FINANCIAL FACILITATION OF ACCESS TO CHILD PORNOGRAPHY.

    (a) Offense.--Chapter 95 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1960A. Financial facilitation of access to child pornography
    ``Whoever knowingly conducts, or attempts or conspires to conduct, 
a financial transaction (as defined in section 1956(c)) in or affecting 
interstate or foreign commerce, knowing that such transaction will 
facilitate access to, or the possession of, child pornography (as 
defined in section 2256) shall be fined under this title or imprisoned 
not more than 20 years, or both.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 95 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1960A. Financial facilitation of access to child pornography.''.

SEC. 3. CHILD EXPLOITATION ENTERPRISES.

    Section 2252A of title 18, United States Code, is amended by adding 
at the end the following:
    ``(g) Child Exploitation Enterprises.--
            ``(1) Whoever engages in a child exploitation enterprise 
        shall be fined under this title and imprisoned for any term of 
        years not less than 20 or for life.
            ``(2) A person engages in a child exploitation enterprise 
        for the purposes of this section if the person violates section 
        1466A, 1470, or 1591, section 1201 if the victim is a minor, or 
        chapter 110 or 117, as a part of a series of felony violations 
        constituting three or more separate incidents and commits those 
        offenses in concert with three or more other persons.''.

SEC. 4. INCREASED PENALTIES FOR REGISTERED SEX OFFENDERS.

    (a) Offense.--Chapter 110 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2260A. Increased penalties for registered sex offenders
    ``Whoever, being required by Federal or other law to register as a 
sex offender, commits a felony offense involving a minor under section 
1201, 1466A, 1470, or 1591, or chapter 110 or 117 shall be fined under 
this title and imprisoned 10 years, or both, in addition to the 
imprisonment imposed for the offense under that provision. The sentence 
imposed under this section shall be consecutive to any sentence imposed 
for the offense under that provision.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 110 of title 18, United States Code, is amended by adding at 
the end the following new item:

``2260A. Increased penalties for registered sex offenders.''.

SEC. 5. INTERNET FACILITATION OF CHILD PORNOGRAPHY AND EXPLOITATION OF 
              CHILDREN.

    (a) Offense.--Chapter 95 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1960B. Internet facilitation of child pornography and 
              exploitation of children
    ``(a) Offense.--Whoever, being an Internet content hosting provider 
or email service provider, knowingly engages in any conduct the 
provider knows or has reason to believe facilitates access to, or the 
possession of, child pornography (as defined in section 2256) shall be 
fined under this title or imprisoned not more than 10 years, or both.
    ``(b) Definitions.--As used in this section--
            ``(1) the term `Internet content hosting provider' means a 
        service that--
                    ``(A) stores, through electromagnetic or other 
                means, electronic data, including the content of web 
                pages, electronic mail, documents, images, audio and 
                video files, online discussion boards, and weblogs; and
                    ``(B) makes such data available via the Internet
            ``(2) the term `email service provider' means a person 
        that--
                    ``(A) provides a service, using the Internet, for 
                the transmission, receipt, storage, and retrieval, by 
                registered users, of electronic mail messages; and
                    ``(B) receives the content of, and recipient list 
                for, electronic mail messages that it transmits, 
                receives, or stores for the person or entity procuring 
                such services.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 95 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1960B. Internet facilitation of child pornography and exploitation of 
                            children.''.

SEC. 6. CHILD PORNOGRAPHY REPORTING.

    (a) Child Pornography Reporting.--Section 227(b)(4) of the Victims 
of Child Abuse Act of 1990 (42 U.S.C. 13032(b)(4)) is amended to read 
as follows:
            ``(4) Failure to report.--
                    ``(A) Knowing failure.--A provider of electronic 
                communication services or remote computing services 
                described in paragraph (1) who knowingly fails to make 
                a report under that paragraph shall be fined--
                            ``(i) in the case of an initial failure to 
                        make a report, not more than $150,000; and
                            ``(ii) in the case of any second or 
                        subsequent failure to make a report, not more 
                        than $300,000.
                    ``(B) Negligent failure.--A provider of electronic 
                communication services or remote computing services 
                described in paragraph (1) who negligently fails to 
                make a report under that paragraph shall be subject to 
                a civil penalty of--
                            ``(i) in the case of an initial failure to 
                        make a report, not more than $50,000; and
                            ``(ii) in the case of any second or 
                        subsequent failure to make a report, not more 
                        than $100,000.
                    ``(C) Authority.--For the purposes of this 
                paragraph, the Federal Communications Commission--
                            ``(i) may levy civil penalties under 
                        subparagraph (B); and
                            ``(ii) shall promulgate regulations, in 
                        consultation with the Attorney General, to--
                                    ``(I) effectuate the purposes of 
                                subparagraph (B); and
                                    ``(II) provide for appropriate 
                                administrative review of any civil 
                                penalties levied under that 
                                subparagraph.''.

SEC. 7. DECEPTION BY EMBEDDED WORDS OR IMAGES.

    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended by inserting after section 225B the following:
``Sec. 2252C. Misleading words or digital images on the Internet
    ``(a) In General.--Whoever knowingly embeds words or digital images 
into the source code of a website with the intent to deceive a person 
into viewing material constituting obscenity shall be fined under this 
title and imprisoned for not less than 2 years nor more than 10 years.
    ``(b) Minors.--Whoever knowingly embeds words or digital images 
into the source code of a website with the intent to deceive a minor 
into viewing material harmful to minors on the Internet shall be fined 
under this title and imprisoned for not less than 5 years nor more than 
20 years.
    ``(c) Construction.--For the purposes of this section, a word or 
digital image that clearly indicates the sexual content of the site, 
such as `sex' or `porn', is not misleading.
    ``(d) Definitions.--As used in this section--
            ``(1) the terms `material that is harmful to minors' and 
        `sex' have the meaning given such terms in section 2252B; and
            ``(2) the term `source code' means the combination of text 
        and other characters comprising the content, both viewable and 
        nonviewable, of a web page, including any website publishing 
        language, programming language, protocol or functional content, 
        as well as any successor languages or protocols.''.
    (b) 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 2252B the following:

``2252C. Misleading words or digital images on the Internet.''.

SEC. 8. REQUIREMENT TO PLACE WARNING MARKS ON COMMERCIAL WEBSITES 
              CONTAINING SEXUALLY EXPLICIT MATERIAL.

    (a) Definitions.--As used in this section--
            (1) the term ``Commission'' means the Federal Trade 
        Commission;
            (2) 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 except that the 
        term does not include any collection of material where access 
        to sexually explicit material is restricted to a specific set 
        of individuals through the provision of a password or through 
        another access restriction mechanism;
            (3) the term ``sexually explicit material'' means any 
        material that depicts sexually explicit conduct (as that term 
        is defined in subsection (2)(A) of section 2256 of title 18, 
        United States Code), unless the depiction constitutes a small 
        and insignificant part of the whole, the remainder of which is 
        not primarily devoted to sexual matters;
            (4) the term ``Internet'' means the combination of computer 
        facilities and electromagnetic transmission media, and related 
        equipment and software, comprising the interconnected worldwide 
        network of computer networks that employ the Transmission 
        Control Protocol/Internet Protocol or any successor protocol to 
        transmit information; and
            (5) the term ``Internet access service''--
                    (A) means a service that enables users to access 
                content, information, electronic mail, or other 
                services offered over the Internet, and may also 
                include access to proprietary content, information, and 
                other services as part of a package of services offered 
                to consumers; and
                    (B) does not include telecommunications services.
    (b) Labeling Requirement.--Except as provided in subsection (d), no 
person who operates a website that is primarily operated for commercial 
purposes, in or affecting interstate or foreign commerce, may 
knowingly, and with knowledge of the character of the material, place 
on that website sexually explicit material, and fail--
            (1) to include on each page of the website that contains 
        sexually explicit material, the marks and notices prescribed by 
        the Commission under subsection (c); or
            (2) to ensure that the matter on the website that is 
        initially viewable, absent any further actions by the viewer, 
        does not include any sexually explicit material.
    (c) Prescription of Marks and Notices.--Not later than 90 days 
after the date of enactment of this Act, the Commission shall, in 
consultation with the Attorney General, establish by regulation clearly 
identifiable marks or notices to be included in the code, if 
technologically feasible, or if not feasible on the pages, of websites 
that contain sexually explicit material in order to inform the viewer 
of that fact and to facilitate the filtering of such pages.
    (d) Inapplicability to Carriers and Other Service Providers.--This 
section shall not apply to a person, to the extent that such person 
is--
            (1) a telecommunications carrier engaged in the provision 
        of a telecommunications service;
            (2) a person engaged in the business of providing an 
        Internet access service; or
            (3) similarly engaged in the transmission, storage, 
        retrieval, hosting, formatting, or translation (or any 
        combination thereof) of a communication made by another person, 
        without selection or alteration of the content of the 
        communication, and such person's deletion of a particular 
        communication or material made by another person in a manner 
        consistent with any applicable law or regulation shall not 
        constitute selection or alteration of the content of the 
        communication.
    (e) Penalties.--Whoever violates subsection (b) shall be fined 
under title 18, United States Code, imprisoned not more than 15 years, 
or both.

SEC. 9. RICO PREDICATES.

    Section 1961(1) is amended--
            (1) by inserting ``1466A (relating to obscene visual 
        representation of the abuse of children),'' after ``sections 
        1461-1465 (relating to obscene matter),'';
            (2) by inserting ``1960A (relating to financial 
        facilitation of access to child pornography), 1960B (relating 
        to Internet facilitation of child pornography and exploitation 
        of children),'' after ``section 1958 (relating to use of 
        interstate commerce facilities in the commission of murder-for-
        hire),''; and
            (3) by inserting ``2252A (relating to child pornography), 
        2260A (relating to increased penalties for registered sex 
        offenders),'' before ``sections 2312''.

SEC. 10. MONEY LAUNDERING PREDICATE.

    Section 1956(c)(7)(D) of title 18, United States Code, is amended--
            (1) by inserting ``1466A (relating to obscene visual 
        representation of the abuse of children),'' before ``section 
        1708'';
            (2) ``1960A (relating to financial facilitation of access 
        to child pornography), 1960B (relating to Internet facilitation 
        of child pornography and exploitation of children),'' before 
        ``section 2113''; and
            (3) by inserting ``2252A (relating to child pornography), 
        2260A (relating to increased penalties for registered sex 
        offenders),'' before ``section 2280''.

SEC. 11. MASHA'S LAW.

    Section 2255 of title 18, United States Code, is amended to read as 
follows:
    ``(a) Any person aggrieved by a violation of section 2241(c), 2242, 
2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 may in a civil 
action obtain appropriate relief.
    ``(b) An action under this section is barred if the complaint is 
filed more than 10 years after the right of action accrues.''.

SEC. 12. INCREASED PENALTIES FOR CERTAIN OFFENSES.

    Sections 2252(b)(1) and 2252A(b)(1) of title 18, United States 
Code, are each amended--
            (1) by striking ``5 years'' and inserting ``10 years''; and
            (2) by striking ``20 years'' and inserting ``30 years''.

SEC. 13. OFFICE ON SEXUAL VIOLENCE AND CRIMES AGAINST CHILDREN.

    (a) Establishment.--There is established within the Department of 
Justice, under the general authority of the Attorney General, an Office 
on Sexual Violence and Crimes against Children (hereinafter in this 
subtitle referred to as the ``Office'').
    (b) Director.--The Office shall be headed by a Director who shall 
be appointed by the President. The Director shall report to the 
Attorney General through the Assistant Attorney General for the Office 
of Justice Programs and shall have final authority for all grants, 
cooperative agreements, and contracts awarded by the Office. The 
Director shall not engage in any employment other than that of serving 
as the Director, nor shall the Director hold any office in, or act in 
any capacity for, any organization, agency, or institution with which 
the Office makes any contract or other arrangement.
    (c) Duties and Functions.--The Office is authorized to--
            (1) administer the standards for sex offender registration 
        and notification programs set forth in this title;
            (2) administer grant programs relating to sex offender 
        registration and notification authorized by this title and 
        other grant programs authorized by this title as directed by 
        the Attorney General;
            (3) cooperate with and provide technical assistance to 
        States, units of local government, tribal governments, and 
        other public and private entities involved in activities 
        related to sex offender registration or notification or to 
        other measures for the protection of children or other members 
        of the public from sexual abuse or exploitation; and
            (4) perform such other functions as the Attorney General 
        may delegate.

SEC. 14. ADDITIONAL PROSECUTORS FOR OFFENSES RELATING TO THE SEXUAL 
              EXPLOITATION OF CHILDREN.

    (a) Additional Prosecutors.--In fiscal year 2007, the Attorney 
General shall, subject to the availability of appropriations for such 
purpose, increase by not less than 200 the number of attorneys in the 
United States Attorneys' offices to prosecute offenses relating to the 
sexual exploitation of children.
    (b) Definition.--For purposes of this section, the term ``offenses 
relating to the sexual exploitation of children'' shall include any 
offense committed in violation of--
            (1) section 1201(g) of title 18, United States Code;
            (2) chapter 71 of title 18, United States Code, involving 
        an obscene visual depiction of a minor, or transfer of obscene 
        materials to a minor;
            (3) section 1591 of title 18, United States Code, involving 
        a person who has not attained the age of 18 years;
            (4) chapter 109A of title 18, United States Code, involving 
        a sexual act or sexual contact with a minor, or sexual abuse of 
        a minor;
            (5) chapter 110 of title 18, United States Code; or
            (6) chapter 117 of title 18, United States Code, involving 
        coercion or enticement of a minor, transportation of a minor, 
        or transmittal of information about a minor.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice for fiscal year 2007 such 
sums as may be necessary to carry out this section.

SEC. 15. ADDITIONAL ICAC TASK FORCES.

    (a) Additional Task Forces.--In fiscal year 2007, the Administrator 
of the Office of Juvenile Justice and Delinquency Prevention shall, 
subject to the availability of appropriations for such purpose, 
increase by not less than 20 the number of Internet Crimes Against 
Children Task Forces that are part of the Internet Crimes Against 
Children Task Force Program authorized and funded under title IV of the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5771 
et seq.).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator of the Office of Juvenile Justice and 
Delinquency Prevention for fiscal year 2007 such sums as may be 
necessary to carry out this section.

SEC. 16. GRANTS FOR CHILD SEXUAL ABUSE PREVENTION PROGRAMS.

    (a) In General.--The Attorney General shall, subject to the 
availability of appropriations, make grants to States, units of local 
government, Indian tribes, and nonprofit organizations for purposes of 
establishing and maintaining programs with respect to the prevention of 
sexual offenses committed against minors.
    (b) Definition of State.--For purposes of this section, the term 
``State'' means any State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American 
Samoa, Guam, and the Northern Mariana Islands.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for each of the 
fiscal years 2007 through 2011.

SEC. 17. CYBERSECURITY FORENSIC CAPABILITIES.

    Section 816(b)(1) of the USA PATRIOT Act (28 U.S.C. 509 note) is 
amended by striking ``$50,000,000'' and inserting ``$70,000,000''.
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