[Congressional Record Volume 148, Number 147 (Thursday, November 14, 2002)]
[Senate]
[Pages S11150-S11153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 PROSECUTORIAL REMEDIES AND TOOLS AGAINST THE EXPLOITATION OF CHILDREN 
                           TODAY ACT OF 2002

  Mr. REID. Madam President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 759, S. 2520.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 2520) to amend title 18, United States Code, 
     with respect to the sexual exploitation of children.

  There being no objection, the Senate proceeded to consider the bill 
which was reported by the Committee on the Judiciary with an amendment 
to strike all after the enacting clause, and insert in lieu thereof the 
following:

       [Strike the part shown in black brackets and insert the 
     part printed in italic.]

                                S. 2520

       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 ``Prosecutorial Remedies and 
     Tools Against the Exploitation of Children Today Act of 
     2002''.

     SEC. 2. CERTAIN ACTIVITIES RELATING TO MATERIAL CONSTITUTING 
                   OR CONTAINING CHILD PORNOGRAPHY.

       Section 2252A of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (3) and inserting the following:
       ``(3) knowingly--
       ``(A) reproduces any child pornography for distribution 
     through the mails, or in interstate or foreign commerce by 
     any means, including by computer; or
       ``(B) advertises, promotes, presents, describes, 
     distributes, or solicits through the mails, or in interstate 
     or foreign commerce by any means, including by computer, any 
     material in a manner that conveys the impression that the 
     material is, or contains, an obscene visual depiction of a 
     minor engaging in sexually explicit conduct;'';
       (B) in paragraph (4), by striking ``or'' at the end;
       (C) in paragraph (5), by striking the period at the end and 
     inserting ``; or''; and
       (D) by adding at the end the following:
       ``(6) knowingly distributes, offers, sends, or provides to 
     a minor any visual depiction, including any photograph, film, 
     video, picture, or computer generated image or picture, 
     whether made or produced by electronic, mechanical, or other 
     means, of sexually explicit conduct where such visual 
     depiction is, or appears to be, of a minor engaging in 
     sexually explicit conduct--
       ``(A) that has been mailed, shipped, or transported in 
     interstate or foreign commerce by any means, including by 
     computer;
       ``(B) that was produced using materials that have been 
     mailed, shipped, or transported in interstate or foreign 
     commerce by any means, including by computer; or
       ``(C) which distribution, offer, sending, or provision is 
     accomplished using the mails or by transmitting or causing to 
     be transmitted any wire communication in interstate or 
     foreign commerce, including by computer,
     for purposes of inducing or persuading such minor to 
     participate in any activity that is illegal.'';
       (2) in subsection (b)(1), by striking ``(1), (2), (3), or 
     (4)'' and inserting ``(1), (2), (3), (4), or (6)''; and
       (3) by striking subsection (c) and inserting the following:
       ``(c) It shall be an affirmative defense to a charge of 
     violating paragraph (1), (2), (3), (4), or (5) of subsection 
     (a) that--
       ``(1)(A) the alleged child pornography was produced using 
     an actual person or persons engaging in sexually explicit 
     conduct; and
       ``(B) each such person was an adult at the time the 
     material was produced; or
       ``(2) the alleged child pornography was not produced using 
     any actual minor or minors.

     No affirmative defense shall be available in any prosecution 
     that involves obscene child pornography or child pornography 
     as described in section 2256(8)(D). A defendant may not 
     assert an affirmative defense to a charge of violating 
     paragraph (1), (2), (3), (4), or (5) of subsection (a) 
     unless, within the time provided for filing pretrial motions 
     or at such time prior to trial as the judge may direct, but 
     in no event later than 10 days before the commencement of the 
     trial, the defendant provides the court and the United States 
     with notice of the intent to assert such defense and the 
     substance of any expert or other specialized testimony or 
     evidence upon which the defendant intends to rely. If the 
     defendant fails to comply with this subsection, the court 
     shall, absent a finding of extraordinary circumstances that 
     prevented timely compliance, prohibit the defendant from 
     asserting a defense to a charge of violating paragraph (1), 
     (2), (3), (4), or (5) of subsection (a) or presenting any 
     evidence for which the defendant has failed to provide proper 
     and timely notice.''.

     SEC. 3. ADMISSIBILITY OF EVIDENCE.

       Section 2252A of title 18, United States Code, is amended 
     by adding at the end the following:
       ``(e) Admissibility of Evidence.--In any prosecution under 
     this chapter, the name, address, or other identifying 
     information, other than the age or approximate age, of any 
     minor who is depicted in any child pornography shall not be 
     admissible and the jury shall be instructed, upon request of 
     the United States, that it can draw no inference from the 
     absence of such evidence in deciding whether the child 
     pornography depicts an actual minor .''.

     SEC. 4. DEFINITIONS.

       Section 2256 of title 18, United States Code, is amended--
       (1) in paragraph (1), by inserting before the semicolon the 
     following: ``and shall not be construed to require proof of 
     the actual identity of the person'';
       (2) in paragraph (8)--
       (A) in subparagraph (B), by inserting ``is obscene and'' 
     before ``is'';
       (B) in subparagraph (C), by striking ``or'' at the end; and
       (C) by striking subparagraph (D) and inserting the 
     following:
       ``(D) such visual depiction--
       ``(i) is of a minor, or an individual who appears to be a 
     minor, actually engaging in bestiality, sadistic or 
     masochistic abuse, or sexual intercourse, including genital-
     genital, oral-genital, anal-genital, or oral-anal, whether 
     between persons of the same or opposite sex; and
       ``(ii) lacks serious literary, artistic, political, or 
     scientific value; or
       ``(E) the production of such visual depiction involves the 
     use of an identifiable minor engaging in sexually explicit 
     conduct; and''; and
       (3) in paragraph (9)(A)(ii)--
       (A) by striking ``(ii) who is'' and inserting the 
     following:
       ``(ii)(I) who is''; and
       (B) by striking ``and'' at the end and inserting the 
     following: ``or
       ``(II) who is virtually indistinguishable from an actual 
     minor; and''.

     SEC. 5. RECORDKEEPING REQUIREMENTS.

       Section 2257 of title 18, United States Code, is amended--
       (1) in subsection (d)(2), by striking ``of this section'' 
     and inserting ``of this chapter or chapter 71,'';
       (2) in subsection (h)(3), by inserting ``, computer 
     generated image or picture,'' after ``video tape''; and
       (3) in subsection (i)--
       (A) by striking ``not more than 2 years'' and inserting 
     ``not more than 5 years''; and
       (B) by striking ``5 years'' and inserting ``10 years''.

     SEC. 6. FEDERAL VICTIMS' PROTECTIONS AND RIGHTS.

       Section 227(f)(1)(D) of the Victims of Child Abuse Act of 
     1990 (42 U.S.C. 13032(f)(1)(D)) is amended to read as 
     follows:
       ``(D) where the report discloses a violation of State 
     criminal law to an appropriate official of that State or 
     subdivision of that State for the purpose of enforcing such 
     State law.''.

     SEC. 7. CONTENTS DISCLOSURE OF STORED COMMUNICATIONS.

       Section 2702 of title 18, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (5), by striking ``or'' at the end;
       (B) in paragraph (6)--
       (i) in subparagraph (A)(ii), by inserting ``or'' at the 
     end;
       (ii) by striking subparagraph (B); and
       (iii) by redesignating subparagraph (C) as subparagraph 
     (B);
       (C) by redesignating paragraph (6) as paragraph (7); and
       (D) by inserting after paragraph (5) the following:
       ``(6) to the National Center for Missing and Exploited 
     Children, in connection with a report submitted under section 
     227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
     13032); or''; and
       (2) in subsection (c)--
       (A) in paragraph (4), by striking ``or'' at the end;
       (B) by redesignating paragraph (5) as paragraph (6); and
       (C) by inserting after paragraph (4) the following:
       ``(5) to the National Center for Missing and Exploited 
     Children, in connection with a report submitted under section 
     227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
     13032); or''.

     SEC. 8. EXTRATERRITORIAL PRODUCTION OF CHILD PORNOGRAPHY FOR 
                   DISTRIBUTION IN THE UNITED STATES.

       Section 2251 of title 18, United States Code, is amended--
       (1) by striking ``subsection (d)'' each place that term 
     appears and inserting ``subsection (e)'';
       (2) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (3) by inserting after subsection (b) the following:
       ``(c)(1) Any person who, in a circumstance described in 
     paragraph (2), employs, uses, persuades, induces, entices, or 
     coerces any minor to engage in, or who has a minor assist any 
     other person to engage in, any sexually explicit conduct 
     outside of the United States, its territories or possessions, 
     for the purpose of producing any visual depiction of such 
     conduct, shall be punished as provided under subsection (e).

[[Page S11151]]

       ``(2) The circumstance referred to in paragraph (1) is 
     that--
       ``(A) the person intends such visual depiction to be 
     transported to the United States, its territories or 
     possessions, by any means, including by computer or mail; or
       ``(B) the person transports such visual depiction to the 
     United States, its territories or possessions, by any means, 
     including by computer or mail.''.

     SEC. 9. CIVIL REMEDIES.

       Section 2252A of title 18, United States Code, as amended 
     by this Act, is amended by adding at the end the following:
       ``(f) Civil Remedies.--
       ``(1) In general.--Any person aggrieved by reason of the 
     conduct prohibited under subsection (a) or (b) may commence a 
     civil action for the relief set forth in paragraph (2).
       ``(2) Relief.--In any action commenced in accordance with 
     paragraph (1), the court may award appropriate relief, 
     including--
       ``(A) temporary, preliminary, or permanent injunctive 
     relief;
       ``(B) compensatory and punitive damages; and
       ``(C) the costs of the civil action and reasonable fees for 
     attorneys and expert witnesses.''.

     SEC. 10. ENHANCED PENALTIES FOR RECIDIVISTS.

       Sections 2251(d), 2252(b), and 2252A(b) of title 18, United 
     States Code, are amended by inserting ``chapter 71,'' before 
     ``chapter 109A,'' each place it appears.

     SEC. 11. SENTENCING ENHANCEMENTS FOR INTERSTATE TRAVEL TO 
                   ENGAGE IN SEXUAL ACT WITH A JUVENILE.

       Pursuant to its authority under section 994(p) of title 18, 
     United States Code, and in accordance with this section, the 
     United States Sentencing Commission shall review and, as 
     appropriate, amend the Federal Sentencing Guidelines and 
     policy statements to ensure that guideline penalties are 
     adequate in cases that involve interstate travel with the 
     intent to engage in a sexual act with a juvenile in violation 
     of section 2423 of title 18, United States Code, to deter and 
     punish such conduct.

     SEC. 12. MISCELLANEOUS PROVISIONS.

       (a) Appointment of Trial Attorneys.--Not later than 6 
     months after the date of enactment of this Act, the Attorney 
     General shall appoint 25 additional trial attorneys to the 
     Child Exploitation and Obscenity Section of the Criminal 
     Division of the Department of Justice or to appropriate U.S. 
     Attorney's Offices, and those trial attorneys shall have as 
     their primary focus, the investigation and prosecution of 
     Federal child pornography laws.
       (b) Report to Congressional Committees.--
       (1) In general.--Not later than 9 months after the date of 
     enactment of this Act, and every 2 years thereafter, the 
     Attorney General shall report to the Chairpersons and Ranking 
     Members of the Committees on the Judiciary of the Senate and 
     the House of Representatives on the Federal enforcement 
     actions under chapter 110 of title 18, United States Code.
       (2) Contents.--The report required under paragraph (1) 
     shall include--
       (A) an evaluation of the prosecutions brought under chapter 
     110 of title 18, United States Code;
       (B) an outcome-based measurement of performance; and
       (C) an analysis of the technology being used by the child 
     pornography industry.
       (c) Sentencing Guidelines.--Pursuant to its authority under 
     section 994(p) of title 18, United States Code, and in 
     accordance with this section, the United States Sentencing 
     Commission shall review and, as appropriate, amend the 
     Federal Sentencing Guidelines and policy statements to ensure 
     that the guidelines are adequate to deter and punish conduct 
     that involves a violation of paragraph (3)(B) or (6) of 
     section 2252A(a) of title 18, United States Code, as created 
     by this Act. With respect to the guidelines for section 
     2252A(a)(3)(B), the Commission shall consider the relative 
     culpability of promoting, presenting, describing, or 
     distributing material in violation of that section as 
     compared with solicitation of such material.

     SEC. 13. SEVERABILITY.

       If any provision of this Act, an amendment made by this 
     Act, or the application of such provision or amendment to any 
     person or circumstance is held to be unconstitutional, the 
     remainder of this Act, the amendments made by this Act, and 
     the application of the provisions of such to any person or 
     circumstance shall not be affected
     thereby.

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Prosecutorial Remedies and 
     Tools Against the Exploitation of Children Today Act of 
     2002'' or ``PROTECT Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Obscenity and child pornography are not entitled to 
     protection under the First Amendment under Miller v. 
     California, 413 U.S. 15 (1973) (obscenity), or New York v. 
     Ferber, 458 U.S. 747 (1982) (child pornography) and thus may 
     be prohibited.
       (2) The Government has a compelling state interest in 
     protecting children from those who sexually exploit them, 
     including both child molesters and child pornographers. ``The 
     prevention of sexual exploitation and abuse of children 
     constitutes a government objective of surpassing 
     importance,'' New York v. Ferber, 458 U.S. 747, 757 (1982) 
     (emphasis added), and this interest extends to stamping out 
     the vice of child pornography at all levels in the 
     distribution chain. Osborne v. Ohio, 495 U.S. 103, 110 
     (1990).
       (3) The Government thus has a compelling interest in 
     ensuring that the criminal prohibitions against child 
     pornography remain enforceable and effective. ``[T]he most 
     expeditious if not the only practical method of law 
     enforcement may be to dry up the market for this material by 
     imposing severe criminal penalties on persons selling, 
     advertising, or otherwise promoting the product.'' Ferber, 
     458 U.S. at 760.
       (4) In 1982, when the Supreme Court decided Ferber, the 
     technology did not exist to: (A) create depictions of virtual 
     children that are indistinguishable from depictions of real 
     children; (B) create depictions of virtual children using 
     compositions of real children to create an unidentifiable 
     child; or (C) disguise pictures of real children being abused 
     by making the image look computer generated.
       (5) Evidence submitted to the Congress, including from the 
     National Center for Missing and Exploited Children, 
     demonstrates that technology already exists to disguise 
     depictions of real children to make them unidentifiable and 
     to make depictions of real children appear computer 
     generated. The technology will soon exist, if it does not 
     already, to make depictions of virtual children look real.
       (6) The vast majority of child pornography prosecutions 
     today involve images contained on computer hard drives, 
     computer disks, and/or related media.
       (7) There is no substantial evidence that any of the child 
     pornography images being trafficked today were made other 
     than by the abuse of real children. Nevertheless, 
     technological advances since Ferber have led many criminal 
     defendants to suggest that the images of child pornography 
     they possess are not those of real children, insisting that 
     the government prove beyond a reasonable doubt that the 
     images are not computer-generated. Such challenges will 
     likely increase after the Ashcroft v. Free Speech Coalition 
     decision.
       (8) Child pornography circulating on the Internet has, by 
     definition, been digitally uploaded or scanned into computers 
     and has been transferred over the Internet, often in 
     different file formats, from trafficker to trafficker. An 
     image seized from a collector of child pornography is rarely 
     a first-generation product, and the retransmission of images 
     can alter the image so as to make it difficult for even an 
     expert conclusively to opine that a particular image depicts 
     a real child. If the original image has been scanned from a 
     paper version into a digital format, this task can be even 
     harder since proper forensic delineation may depend on the 
     quality of the image scanned and the tools used to scan it.
       (9) The impact on the government's ability to prosecute 
     child pornography offenders is already evident. The Ninth 
     Circuit has seen a significant adverse effect on prosecutions 
     since the 1999 Ninth Circuit Court of Appeals decision in 
     Free Speech Coalition. After that decision, prosecutions 
     generally have been brought in the Ninth Circuit only in the 
     most clear-cut cases in which the government can specifically 
     identify the child in the depiction or otherwise identify the 
     origin of the image. This is a fraction of meritorious child 
     pornography cases. The National Center for Missing and 
     Exploited Children testified that, in light of the Supreme 
     Court's affirmation of the Ninth Circuit decision, 
     prosecutors in various parts of the country have expressed 
     concern about the continued viability of previously indicted 
     cases as well as declined potentially meritorious 
     prosecutions.
       (10) In the absence of congressional action, this problem 
     will continue to grow increasingly worse. The mere prospect 
     that the technology exists to create computer or computer-
     generated depictions that are indistinguishable from 
     depictions of real children will allow defendants who possess 
     images of real children to escape prosecution, for it 
     threatens to create a reasonable doubt in every case of 
     computer images even when a real child was abused. This 
     threatens to render child pornography laws that protect real 
     children unenforceable.
       (11) To avoid this grave threat to the Government's 
     unquestioned compelling interest in effective enforcement of 
     the child pornography laws that protect real children, a 
     statute must be adopted that prohibits a narrowly-defined 
     subcategory of images.
       (12) The Supreme Court's 1982 Ferber v. New York decision 
     holding that child pornography was not protected drove child 
     pornography off the shelves of adult bookstores. 
     Congressional action is necessary to ensure that open and 
     notorious trafficking in such materials does not reappear.

     SEC. 3. CERTAIN ACTIVITIES RELATING TO MATERIAL CONSTITUTING 
                   OR CONTAINING CHILD PORNOGRAPHY.

       Section 2252A of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (3) and inserting the following:
       ``(3) knowingly--
       ``(A) reproduces any child pornography for distribution 
     through the mails, or in interstate or foreign commerce by 
     any means, including by computer; or
       ``(B) advertises, promotes, presents, distributes, or 
     solicits through the mails, or in interstate or foreign 
     commerce by any means, including by computer, any material or 
     purported material in a manner that conveys the impression 
     that the material or purported material is, or contains, an 
     obscene visual depiction of a minor engaging in sexually 
     explicit conduct;'';
       (B) in paragraph (4), by striking ``or'' at the end;
       (C) in paragraph (5), by striking the period at the end and 
     inserting ``; or''; and
       (D) by adding at the end the following:

[[Page S11152]]

       ``(6) knowingly distributes, offers, sends, or provides to 
     a minor any visual depiction, including any photograph, film, 
     video, picture, or computer generated image or picture, 
     whether made or produced by electronic, mechanical, or other 
     means, of sexually explicit conduct where such visual 
     depiction is, or appears to be, of a minor engaging in 
     sexually explicit conduct--
       ``(A) that has been mailed, shipped, or transported in 
     interstate or foreign commerce by any means, including by 
     computer;
       ``(B) that was produced using materials that have been 
     mailed, shipped, or transported in interstate or foreign 
     commerce by any means, including by computer; or
       ``(C) which distribution, offer, sending, or provision is 
     accomplished using the mails or by transmitting or causing to 
     be transmitted any wire communication in interstate or 
     foreign commerce, including by computer,
     for purposes of inducing or persuading a minor to participate 
     in any activity that is illegal.'';
       (2) in subsection (b)(1), by striking ``(1), (2), (3), or 
     (4)'' and inserting ``(1), (2), (3), (4), or (6)''; and
       (3) by striking subsection (c) and inserting the following:
       ``(c) It shall be an affirmative defense to a charge of 
     violating paragraph (1), (2), (3), (4), or (5) of subsection 
     (a) that--
       ``(1)(A) the alleged child pornography was produced using 
     an actual person or persons engaging in sexually explicit 
     conduct; and
       ``(B) each such person was an adult at the time the 
     material was produced; or
       ``(2) the alleged child pornography was not produced using 
     any actual minor or minors.

     No affirmative defense shall be available in any prosecution 
     that involves obscene child pornography or child pornography 
     as described in section 2256(8)(D). A defendant may not 
     assert an affirmative defense to a charge of violating 
     paragraph (1), (2), (3), (4), or (5) of subsection (a) 
     unless, within the time provided for filing pretrial motions 
     or at such time prior to trial as the judge may direct, but 
     in no event later than 10 days before the commencement of the 
     trial, the defendant provides the court and the United States 
     with notice of the intent to assert such defense and the 
     substance of any expert or other specialized testimony or 
     evidence upon which the defendant intends to rely. If the 
     defendant fails to comply with this subsection, the court 
     shall, absent a finding of extraordinary circumstances that 
     prevented timely compliance, prohibit the defendant from 
     asserting such defense to a charge of violating paragraph 
     (1), (2), (3), (4), or (5) of subsection (a) or presenting 
     any evidence for which the defendant has failed to provide 
     proper and timely notice.''.

     SEC. 4. ADMISSIBILITY OF EVIDENCE.

       Section 2252A of title 18, United States Code, is amended 
     by adding at the end the following:
       ``(e) Admissibility of Evidence.--On motion of the 
     government, in any prosecution under this chapter, except for 
     good cause shown, the name, address, social security number, 
     or other nonphysical identifying information, other than the 
     age or approximate age, of any minor who is depicted in any 
     child pornography shall not be admissible and may be redacted 
     from any otherwise admissible evidence, and the jury shall be 
     instructed, upon request of the United States, that it can 
     draw no inference from the absence of such evidence in 
     deciding whether the child pornography depicts an actual 
     minor .''.

     SEC. 5. DEFINITIONS.

       Section 2256 of title 18, United States Code, is amended--
       (1) in paragraph (1), by inserting before the semicolon the 
     following: ``and shall not be construed to require proof of 
     the actual identity of the person'';
       (2) in paragraph (8)--
       (A) in subparagraph (B), by inserting ``is obscene and'' 
     before ``is'';
       (B) in subparagraph (C), by striking ``or'' at the end; and
       (C) by striking subparagraph (D) and inserting the 
     following:
       ``(D) such visual depiction--
       ``(i) is, or appears to be, of a minor actually engaging in 
     bestiality, sadistic or masochistic abuse, or sexual 
     intercourse, including genital-genital, oral-genital, anal-
     genital, or oral-anal, whether between persons of the same or 
     opposite sex; and
       ``(ii) lacks serious literary, artistic, political, or 
     scientific value; or
       ``(E) the production of such visual depiction involves the 
     use of an identifiable minor engaging in sexually explicit 
     conduct;''; and
       (3) by striking paragraph (9), and inserting the following:
       ``(9) `identifiable minor'--
       ``(A)(i) means a person--
       ``(I)(aa) who was a minor at the time the visual depiction 
     was created, adapted, or modified; or
       ``(bb) whose image as a minor was used in creating, 
     adapting, or modifying the visual depiction; and
       ``(II) who is recognizable as an actual person by the 
     person's face, likeness, or other distinguishing 
     characteristic, such as a unique birthmark or other 
     recognizable feature; and
       ``(ii) shall not be construed to require proof of the 
     actual identity of the identifiable minor; or
       ``(B) means a computer or computer generated image that is 
     virtually indistinguishable from an actual minor; and
       ``(10) `virtually indistinguishable' means that the 
     depiction is such that an ordinary person viewing the 
     depiction would conclude that the depiction is of an actual 
     minor.''.

     SEC. 6. RECORDKEEPING REQUIREMENTS.

       Section 2257 of title 18, United States Code, is amended--
       (1) in subsection (d)(2), by striking ``of this section'' 
     and inserting ``of this chapter or chapter 71,'';
       (2) in subsection (h)(3), by inserting ``, computer 
     generated image or picture,'' after ``video tape''; and
       (3) in subsection (i)--
       (A) by striking ``not more than 2 years'' and inserting 
     ``not more than 5 years''; and
       (B) by striking ``5 years'' and inserting ``10 years''.

     SEC. 7. SERVICE PROVIDER REPORTING OF CHILD PORNOGRAPHY AND 
                   RELATED INFORMATION.

       Section 227 of the Victims of Child Abuse Act of 1990 (42 
     U.S.C. 13032) is amended--
       (1) in subsection (c), by inserting ``or pursuant to'' 
     after ``to comply with'';
       (2) by amending subsection (f)(1)(D) to read as follows:
       ``(D) where the report discloses a violation of State 
     criminal law, to an appropriate official of a State or 
     subdivision of a State for the purpose of enforcing such 
     State law.'';
       (3) by redesignating paragraph (3) of subsection (b) as 
     paragraph (4); and
       (4) by inserting after paragraph (2) of subsection (b) the 
     following new paragraph:
       ``(3) In addition to forwarding such reports to those 
     agencies designated in subsection (b)(2), the National Center 
     for Missing and Exploited Children is authorized to forward 
     any such report to an appropriate official of a state or 
     subdivision of a state for the purpose of enforcing state 
     criminal law.''.

     SEC. 8. CONTENTS DISCLOSURE OF STORED COMMUNICATIONS.

       Section 2702 of title 18, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (5), by striking ``or'' at the end;
       (B) in paragraph (6)--
       (i) in subparagraph (A)(ii), by inserting ``or'' at the 
     end;
       (ii) by striking subparagraph (B); and
       (iii) by redesignating subparagraph (C) as subparagraph 
     (B);
       (C) by redesignating paragraph (6) as paragraph (7); and
       (D) by inserting after paragraph (5) the following:
       ``(6) to the National Center for Missing and Exploited 
     Children, in connection with a report submitted under section 
     227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
     13032); or''; and
       (2) in subsection (c)--
       (A) in paragraph (4), by striking ``or'' at the end;
       (B) by redesignating paragraph (5) as paragraph (6); and
       (C) by inserting after paragraph (4) the following:
       ``(5) to the National Center for Missing and Exploited 
     Children, in connection with a report submitted under section 
     227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
     13032); or''.

     SEC. 9. EXTRATERRITORIAL PRODUCTION OF CHILD PORNOGRAPHY FOR 
                   DISTRIBUTION IN THE UNITED STATES.

       Section 2251 of title 18, United States Code, is amended--
       (1) by striking ``subsection (d)'' each place that term 
     appears and inserting ``subsection (e)'';
       (2) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (3) by inserting after subsection (b) the following:
       ``(c)(1) Any person who, in a circumstance described in 
     paragraph (2), employs, uses, persuades, induces, entices, or 
     coerces any minor to engage in, or who has a minor assist any 
     other person to engage in, any sexually explicit conduct 
     outside of the United States, its territories or possessions, 
     for the purpose of producing any visual depiction of such 
     conduct, shall be punished as provided under subsection (e).
       ``(2) The circumstance referred to in paragraph (1) is 
     that--
       ``(A) the person intends such visual depiction to be 
     transported to the United States, its territories or 
     possessions, by any means, including by computer or mail; or
       ``(B) the person transports such visual depiction to the 
     United States, its territories or possessions, by any means, 
     including by computer or mail.''.

     SEC. 10. CIVIL REMEDIES.

       Section 2252A of title 18, United States Code, as amended 
     by this Act, is amended by adding at the end the following:
       ``(f) Civil Remedies.--
       ``(1) In general.--Any person aggrieved by reason of the 
     conduct prohibited under subsection (a) or (b) may commence a 
     civil action for the relief set forth in paragraph (2).
       ``(2) Relief.--In any action commenced in accordance with 
     paragraph (1), the court may award appropriate relief, 
     including--
       ``(A) temporary, preliminary, or permanent injunctive 
     relief;
       ``(B) compensatory and punitive damages; and
       ``(C) the costs of the civil action and reasonable fees for 
     attorneys and expert witnesses.''.

     SEC. 11. ENHANCED PENALTIES FOR RECIDIVISTS.

       Sections 2251(d), 2252(b), and 2252A(b) of title 18, United 
     States Code, are amended by inserting ``chapter 71,'' before 
     ``chapter 109A,'' each place it appears.

     SEC. 12. SENTENCING ENHANCEMENTS FOR INTERSTATE TRAVEL TO 
                   ENGAGE IN SEXUAL ACT WITH A JUVENILE.

       Pursuant to its authority under section 994(p) of title 18, 
     United States Code, and in accordance with this section, the 
     United States Sentencing Commission shall review and, as 
     appropriate, amend the Federal Sentencing Guidelines and 
     policy statements to ensure that guideline

[[Page S11153]]

     penalties are adequate in cases that involve interstate 
     travel with the intent to engage in a sexual act with a 
     juvenile in violation of section 2423 of title 18, United 
     States Code, to deter and punish such conduct.

     SEC. 13. MISCELLANEOUS PROVISIONS.

       (a) Appointment of Trial Attorneys.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Attorney General shall appoint 25 
     additional trial attorneys to the Child Exploitation and 
     Obscenity Section of the Criminal Division of the Department 
     of Justice or to appropriate U.S. Attorney's Offices, and 
     those trial attorneys shall have as their primary focus, the 
     investigation and prosecution of Federal child pornography 
     laws.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to the Department of Justice such sums as 
     may be necessary to carry out this subsection.
       (b) Report to Congressional Committees.--
       (1) In general.--Not later than 9 months after the date of 
     enactment of this Act, and every 2 years thereafter, the 
     Attorney General shall report to the Chairpersons and Ranking 
     Members of the Committees on the Judiciary of the Senate and 
     the House of Representatives on the Federal enforcement 
     actions under chapter 110 of title 18, United States Code.
       (2) Contents.--The report required under paragraph (1) 
     shall include--
       (A) an evaluation of the prosecutions brought under chapter 
     110 of title 18, United States Code;
       (B) an outcome-based measurement of performance; and
       (C) an analysis of the technology being used by the child 
     pornography industry.
       (c) Sentencing Guidelines.--Pursuant to its authority under 
     section 994(p) of title 18, United States Code, and in 
     accordance with this section, the United States Sentencing 
     Commission shall review and, as appropriate, amend the 
     Federal Sentencing Guidelines and policy statements to ensure 
     that the guidelines are adequate to deter and punish conduct 
     that involves a violation of paragraph (3)(B) or (6) of 
     section 2252A(a) of title 18, United States Code, as created 
     by this Act. With respect to the guidelines for section 
     2252A(a)(3)(B), the Commission shall consider the relative 
     culpability of promoting, presenting, describing, or 
     distributing material in violation of that section as 
     compared with solicitation of such material.

     SEC. 14. SEVERABILITY.

       If any provision of this Act, an amendment made by this 
     Act, or the application of such provision or amendment to any 
     person or circumstance is held to be unconstitutional, the 
     remainder of this Act, the amendments made by this Act, and 
     the application of the provisions of such to any person or 
     circumstance shall not be affected thereby.

  Mr. REID. I ask unanimous consent that the committee substitute be 
agreed to, the bill, as amended, be read a third time, passed, the 
motion to reconsider be laid upon the table, with no intervening action 
or debate, and that any statements relating thereto be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2520), as amended, was read the third time and passed.

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