[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6063 Enrolled Bill (ENR)]

        H.R.6063

                      One Hundred Twelfth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
            the third day of January, two thousand and twelve


                                 An Act


 
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 ``Child Protection Act of 2012''.
SEC. 2. 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. 3. PROTECTION OF CHILD WITNESSES.
    (a) Civil Action To Restrain Harassment of a Victim or Witness.--
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.''.
    (b) 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. 4. SUBPOENAS TO FACILITATE THE ARREST OF FUGITIVE SEX OFFENDERS.
    (a) Administrative Subpoenas.--
        (1) In general.--Section 3486(a)(1) of title 18, United States 
    Code, is amended--
            (A) in subparagraph (A)--
                (i) in clause (i), by striking ``or'' at the end;
                (ii) by redesignating clause (ii) as clause (iii); and
                (iii) 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
            (B) in subparagraph (D)--
                (i) by striking ``paragraph, the term'' and inserting 
            the following: ``paragraph--
        ``(i) the term'';
                (ii) by striking the period at the end and inserting 
            ``; and''; and
                (iii) 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.).''.
        (2) Technical and conforming amendments.--Section 3486(a) of 
    title 18, United States Code, is amended--
            (A) in paragraph (6)(A), by striking ``United State'' and 
        inserting ``United States'';
            (B) in paragraph (9), by striking ``(1)(A)(ii)'' and 
        inserting ``(1)(A)(iii)''; and
            (C) in paragraph (10), by striking ``paragraph (1)(A)(ii)'' 
        and inserting ``paragraph (1)(A)(iii)''.
    (b) Judicial Subpoenas.--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. 5. INCREASE IN FUNDING LIMITATION FOR TRAINING COURSES FOR ICAC 
TASK FORCES.
    Section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 (42 
U.S.C. 17612(b)(4)(B)) is amended by striking ``$2,000,000'' and 
inserting ``$4,000,000''.
SEC. 6. NATIONAL COORDINATOR FOR CHILD EXPLOITATION PREVENTION AND 
INTERDICTION.
    Section 101(d)(1) of the PROTECT Our Children Act of 2008 (42 
U.S.C. 17611(d)(1)) is amended--
        (1) by striking ``to be responsible'' and inserting the 
    following: ``with experience in investigating or prosecuting child 
    exploitation cases as the National Coordinator for Child 
    Exploitation Prevention and Interdiction who shall be 
    responsible''; and
        (2) by adding at the end the following: ``The National 
    Coordinator for Child Exploitation Prevention and Interdiction 
    shall be a position in the Senior Executive Service.''.
SEC. 7. REAUTHORIZATION OF ICAC TASK FORCES.
    Section 107(a) of the PROTECT Our Children Act of 2008 (42 U.S.C. 
17617(a)) is amended--
        (1) in paragraph (4), by striking ``and'';
        (2) in paragraph (5), by striking the period at the end; and
        (3) by inserting after paragraph (5) the following:
        ``(6) $60,000,000 for fiscal year 2014;
        ``(7) $60,000,000 for fiscal year 2015;
        ``(8) $60,000,000 for fiscal year 2016;
        ``(9) $60,000,000 for fiscal year 2017; and
        ``(10) $60,000,000 for fiscal year 2018.''.
SEC. 8. CLARIFICATION OF ``HIGH-PRIORITY SUSPECT''.
    Section 105(e)(1)(B)(i) of the PROTECT Our Children Act of 2008 (42 
U.S.C. 17615(e)(1)(B)(i)) is amended by striking ``the volume'' and all 
that follows through ``or other''.
SEC. 9. REPORT TO CONGRESS.
    Not later than 90 days after the date of enactment of this Act, the 
Attorney General shall submit to the Committee on the Judiciary of the 
House of Representatives and the Committee on the Judiciary of the 
Senate a report on the status of the Attorney General's establishment 
of the National Internet Crimes Against Children Data System required 
to be established under section 105 of the PROTECT Our Children Act of 
2008 (42 U.S.C. 17615).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.