[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 436 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 436

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2009

  Mr. Cornyn introduced the following bill; which was read twice and 
               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 of 2009'' or the 
``SAFETY Act''.

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. 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; 
                and
            ``(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. 4. 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) by inserting ``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 ``2260A (relating to increased penalties 
        for registered sex offenders),'' before ``section 2280''.

SEC. 5. RETENTION OF RECORDS BY ELECTRONIC COMMUNICATION SERVICE 
              PROVIDERS.

    Section 2703 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(h) Retention of Certain Records and Information.--A provider of 
an electronic communication service or remote computing service shall 
retain for a period of at least two years all records or other 
information pertaining to the identity of a user of a temporarily 
assigned network address the service assigns to that user.''.

SEC. 6. INCREASED PENALTIES FOR SEXUAL EXPLOITATION OF CHILDREN.

    Section 2251(e) of title 18, United States Code, is amended--
            (1) by striking ``15 years nor more than 30 years'' and 
        inserting ``20 years or for life''; and
            (2) by striking ``not less than 25 years nor more than 50 
        years,'' and all that follows through ``not less than 30 years 
        nor more than life.'' and inserting ``life.''.

SEC. 7. INCREASED PENALTIES FOR ACTIVITIES RELATING TO MATERIAL 
              INVOLVING THE SEXUAL EXPLOITATION OF CHILDREN.

    Section 2252(b) of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``5 years and not more than 20 
                years'' and inserting ``15 years or for life''; and
                    (B) by striking ``not less than 15 years nor more 
                than 40 years.'' and inserting ``not less than 30 years 
                or for life.''; and
            (2) in paragraph (2)--
                    (A) by striking ``or imprisoned not more than 10 
                years, or both'' and inserting ``and imprisoned for not 
                less than 3 years nor more than 20 years''; and
                    (B) by striking ``10 years nor more than 20 
                years.'' and inserting ``20 years or for life.''.

SEC. 8. INCREASED PENALTIES FOR ACTIVITIES RELATING TO MATERIAL 
              CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.

    Section 2252A(b) of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``5 years and not more than 20 
                years'' and inserting ``15 years or for life''; and
                    (B) by striking ``not less than 15 years nor more 
                than 40 years'' and inserting ``not less than 30 years 
                or for life''; and
            (2) in paragraph (2)--
                    (A) by striking ``or imprisoned not more than 10 
                years, or both'' and inserting ``and imprisoned for not 
                less than 3 years nor more than 20 years''; and
                    (B) by striking ``10 years nor more than 20 years'' 
                and inserting ``20 years or for life''.

SEC. 9. ADDITIONAL RICO PREDICATES.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by inserting ``section 641 (relating to embezzlement or 
        theft of public money, property, or records,'' after ``473 
        (relating to counterfeiting),''; and
            (2) by inserting ``section 666 (relating to theft or 
        bribery concerning programs receiving Federal funds),'' after 
        ``section 664 (relating to embezzlement from pension and 
        welfare funds),''.

SEC. 10. ADDITIONAL RESOURCES FOR THE INNOCENT IMAGES NATIONAL 
              INITIATIVE.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director of the Federal Bureau of Investigation to 
carry out the Innocent Images National Initiative, $30,000,000 for each 
of the fiscal years 2010 through 2014.
    (b) Availability.--Any amounts appropriated pursuant to subsection 
(a) shall remain available until expended.
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