[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