[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1981 Reported in House (RH)]

                                                 Union Calendar No. 224
112th CONGRESS
  1st Session
                                H. R. 1981

                      [Report No. 112-281, Part I]

     To amend title 18, United States Code, with respect to child 
              pornography and child exploitation offenses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2011

 Mr. Smith of Texas (for himself and Ms. Wasserman Schultz) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

                           November 10, 2011

Reported with an amendment and referred to the Committee on Energy and 
   Commerce for a period ending not later than December 9, 2011, for 
  consideration of such provisions of the bill and amendment as fall 
within the jurisdiction of that committee pursuant to clause 1(f), rule 
                                   X
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            December 9, 2011

Referral to the Committee on Energy and Commerce extended for a period 
                ending not later than December 16, 2011


                           December 16, 2011

  Additional sponsors: Mr. Ruppersberger, Mr. Flores, Mr. Forbes, Mr. 
Coble, Mr. Franks of Arizona, Mr. Gallegly, Mr. Gowdy, Mr. Chabot, Mr. 
Deutch, Mr. Shuler, Mr. Daniel E. Lungren of California, Mr. Critz, Mr. 
  Upton, Mr. LaTourette, Mrs. Emerson, Mrs. Lummis, Mr. Quigley, Mr. 
 Marino, Mr. Schiff, Mr. Calvert, Ms. Jackson Lee of Texas, Mr. Stark, 
Mr. Pierluisi, Mr. Griffin of Arkansas, Mr. Ross of Florida, Mr. Pence, 
 Mr. Amodei, Mr. Reichert, Mr. Nugent, Ms. Herrera Beutler, Mr. Miller 
 of Florida, Mr. Wilson of South Carolina, Mr. Jordan, Mr. Kline, Mr. 
         McIntyre, Mr. Austria, Mr. Womack, and Mr. Fitzpatrick

                           December 16, 2011

   The Committee on Energy and Commerce discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
[For text of introduced bill, see copy of bill as introduced on May 25, 
                                 2011]

_______________________________________________________________________

                                 A BILL


 
     To amend title 18, United States Code, with respect to child 
              pornography and child exploitation offenses.


 


    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 ``Protecting Children From Internet 
Pornographers Act of 2011''.

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
    ``(a) In General.--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) Exclusion From Offense.--This section does not apply to a 
financial transaction conducted by a person in cooperation with, or 
with the consent of, any Federal, State, or local law enforcement 
agency.''.
    (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. 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''; and
            (2) by inserting ``1960A (relating to financial 
        facilitation of access to child pornography),'' before 
        ``section 2113''.

SEC. 4. RETENTION OF CERTAIN RECORDS BY ELECTRONIC COMMUNICATION 
              SERVICE PROVIDERS.

    (a) In General.--Section 2703 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(h) Retention of Certain Records.--
            ``(1) A commercial provider of an electronic communication 
        service shall retain for a period of at least one year a log of 
        the temporarily assigned network addresses the provider assigns 
        to a subscriber to or customer of such service that enables the 
        identification of the corresponding customer or subscriber 
        information under subsection (c)(2) of this section.
            ``(2) Access to a record or information required to be 
        retained under this subsection may not be compelled by any 
        person or other entity that is not a governmental entity.
            ``(3) The Attorney General shall make a study to determine 
        the costs associated with compliance by providers with the 
        requirement of paragraph (1). Such study shall include an 
        assessment of all the types of costs, including for hardware, 
        software, and personnel that are involved. Not later than 2 
        years after the date of the enactment of this paragraph, the 
        Attorney General shall report to Congress the results of that 
        study.
            ``(4) In this subsection--
                    ``(A) the term `commercial provider' means a 
                provider of electronic communication service that 
                offers Internet access capability for a fee to the 
                public or to such classes of users as to be effectively 
                available to the public, regardless of the facilities 
                used; and
                    ``(B) the term `Internet' has the same meaning 
                given that term in section 230(f) of the Communications 
                Act of 1934.''.
    (b) Sense of Congress.--It is the sense of Congress--
            (1) to encourage electronic communication service providers 
        to give prompt notice to their customers in the event of a 
        breach of the data retained pursuant to section 2703(h) of 
        title 18 of the United States Code, in order that those 
        effected can take the necessary steps to protect themselves 
        from potential misuse of private information; and
            (2) that records retained pursuant to section 2703(h) of 
        title 18, United States Code, should be stored securely to 
        protect customer privacy and prevent against breaches of the 
        records.
    (c) Transition Rule.--The amendment made by this section shall not 
apply until 180 days after the date of the enactment of this Act to a 
provider of an electronic communications service that does not, on that 
date of enactment, have in effect a system of retention of records that 
complies with the requirements of that amendment.
    (d) Study.--
            (1) The Attorney General, not later than 2 years after the 
        date of the enactment of this Act, shall complete a study of 
        providers affected by section 2703(h) of title 18, United 
        States Code.
            (2) Such study shall include--
                    (A) the privacy standards and considerations 
                implemented by those providers as they comply with the 
                requirements of section 2703(h); and
                    (B) the frequency of any reported breaches of data 
                retained pursuant to section 2703(h).
            (3) The Attorney General shall, upon the completion of the 
        study, report the results of the study to Congress.

SEC. 5. NO CAUSE OF ACTION AGAINST A PROVIDER DISCLOSING INFORMATION 
              UNDER THIS CHAPTER.

    Section 2703(e) of title 18, United States Code, is amended by 
inserting ``retaining records,'' after ``other specified persons for''.

SEC. 6. GOOD FAITH RELIANCE ON REQUIREMENT.

    Section 2707(e)(1) of title 18, United States Code, is amended by 
inserting ``, or the requirement to retain records under section 
2703(h),'' after ``section 2703(f)''.

SEC. 7. SUBPOENA AUTHORITY.

    Section 566(e)(1) of title 28, United States Code, is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(C) issue administrative subpoenas in accordance with 
        section 3486 of title 18, solely for the purpose of 
        investigating unregistered sex offenders (as defined in such 
        section 3486).''.

SEC. 8. PROTECTION OF CHILD WITNESSES.

    Section 1514 of title 18, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by inserting ``or its own motion,'' 
                        after ``attorney for the Government,''; and
                            (ii) by inserting ``or investigation'' 
                        after ``Federal criminal case'' each place it 
                        appears;
                    (B) by redesignating paragraphs (2), (3), and (4) 
                as paragraphs (3), (4), and (5), respectively;
                    (C) by inserting after paragraph (1) the following:
    ``(2) In the case of a minor witness or victim, the court shall 
issue a protective order prohibiting harassment or intimidation of the 
minor victim or witness if the court finds evidence that the conduct at 
issue is reasonably likely to adversely affect the willingness of the 
minor witness or victim to testify or otherwise participate in the 
Federal criminal case or investigation. Any hearing regarding a 
protective order under this paragraph shall be conducted in accordance 
with paragraphs (1) and (3), except that the court may issue an ex 
parte emergency protective order in advance of a hearing if exigent 
circumstances are present. If such an ex parte order is applied for or 
issued, the court shall hold a hearing not later than 14 days after the 
date such order was applied for or is issued.'';
                    (D) in paragraph (4), as so redesignated, by 
                striking ``(and not by reference to the complaint or 
                other document)''; and
                    (E) in paragraph (5), as so redesignated, in the 
                second sentence, by inserting before the period at the 
                end the following: ``, except that in the case of a 
                minor victim or witness, the court may order that such 
                protective order expires on the later of 3 years after 
                the date of issuance or the date of the eighteenth 
                birthday of that minor victim or witness''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Whoever knowingly and intentionally violates or attempts to 
violate an order issued under this section shall be fined under this 
title, imprisoned not more than 5 years, or both.
    ``(d)(1) As used in this section--
            ``(A) the term `course of conduct' means a series of acts 
        over a period of time, however short, indicating a continuity 
        of purpose;
            ``(B) the term `harassment' means a serious act or course 
        of conduct directed at a specific person that--
                    ``(i) causes substantial emotional distress in such 
                person; and
                    ``(ii) serves no legitimate purpose;
            ``(C) the term `immediate family member' has the meaning 
        given that term in section 115 and includes grandchildren;
            ``(D) the term `intimidation' means a serious act or course 
        of conduct directed at a specific person that--
                    ``(i) causes fear or apprehension in such person; 
                and
                    ``(ii) serves no legitimate purpose;
            ``(E) the term `restricted personal information' has the 
        meaning give that term in section 119;
            ``(F) the term `serious act' means a single act of 
        threatening, retaliatory, harassing, or violent conduct that is 
        reasonably likely to influence the willingness of a victim or 
        witness to testify or participate in a Federal criminal case or 
        investigation; and
            ``(G) the term `specific person' means a victim or witness 
        in a Federal criminal case or investigation, and includes an 
        immediate family member of such a victim or witness.
    ``(2) For purposes of subparagraphs (B)(ii) and (D)(ii) of 
paragraph (1), a court shall presume, subject to rebuttal by the 
person, that the distribution or publication using the Internet of a 
photograph of, or restricted personal information regarding, a specific 
person serves no legitimate purpose, unless that use is authorized by 
that specific person, is for news reporting purposes, is designed to 
locate that specific person (who has been reported to law enforcement 
as a missing person), or is part of a government-authorized effort to 
locate a fugitive or person of interest in a criminal, antiterrorism, 
or national security investigation.''.

SEC. 9. SENTENCING GUIDELINES.

    Pursuant to its authority under section 994 of title 28, United 
States Code, and in accordance with this section, the United States 
Sentencing Commission shall review and, if appropriate, amend the 
Federal sentencing guidelines and policy statements to ensure--
            (1) that the guidelines provide an additional penalty 
        increase above the sentence otherwise applicable in Part J of 
        Chapter 2 of the Guidelines Manual if the defendant was 
        convicted of a violation of section 1591 of title 18, United 
        States Code, or chapters 109A, 109B, 110, or 117 of title 18, 
        United States Code; and
            (2) if the offense described in paragraph (1) involved 
        causing or threatening to cause physical injury to a person 
        under 18 years of age, in order to obstruct the administration 
        of justice, an additional penalty increase above the sentence 
        otherwise applicable in Part J of Chapter 2 of the Guidelines 
        Manual.

SEC. 10. ENHANCED PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY.

    (a) Certain Activities Relating to Material Involving the Sexual 
Exploitation of Minors.--Section 2252(b)(2) of title 18, United States 
Code, is amended by inserting after ``but if'' the following: ``any 
visual depiction involved in the offense involved a prepubescent minor 
or a minor who had not attained 12 years of age, such person shall be 
fined under this title and imprisoned for not more than 20 years, or 
if''.
    (b) Certain Activities Relating to Material Constituting or 
Containing Child Pornography.--Section 2252A(b)(2) of title 18, United 
States Code, is amended by inserting after ``but, if'' the following: 
``any image of child pornography involved in the offense involved a 
prepubescent minor or a minor who had not attained 12 years of age, 
such person shall be fined under this title and imprisoned for not more 
than 20 years, or if''.

SEC. 11. ADMINISTRATIVE SUBPOENAS.

    (a) In General.--Section 3486(a)(1) of title 18, United States 
Code, is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) by redesignating clause (ii) as clause (iii); 
                and
                    (C) by inserting after clause (i) the following:
            ``(ii) an unregistered sex offender conducted by the United 
        States Marshals Service, the Director of the United States 
        Marshals Service; or''; and
            (2) in subparagraph (D)--
                    (A) by striking ``paragraph, the term'' and 
                inserting the following: ``paragraph--
            ``(i) the term'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
            ``(ii) the term `sex offender' means an individual required 
        to register under the Sex Offender Registration and 
        Notification Act (42 U.S.C. 16901 et seq.).''.
    (b) Technical and Conforming Amendments.--Section 3486(a) of title 
18, United States Code, is amended--
            (1) in paragraph (6)(A), by striking ``United State'' and 
        inserting ``United States'';
            (2) in paragraph (9), by striking ``(1)(A)(ii)'' and 
        inserting ``(1)(A)(iii)''; and
            (3) in paragraph (10), by striking ``paragraph (1)(A)(ii)'' 
        and inserting ``paragraph (1)(A)(iii)''.
                                                 Union Calendar No. 224

112th CONGRESS

  1st Session

                               H. R. 1981

                      [Report No. 112-281, Part I]

_______________________________________________________________________

                                 A BILL

     To amend title 18, United States Code, with respect to child 
              pornography and child exploitation offenses.

_______________________________________________________________________

                           December 16, 2011

   The Committee on Energy and Commerce discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed