[Congressional Record Volume 149, Number 27 (Thursday, February 13, 2003)]
[Senate]
[Pages S2479-S2480]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BUNNING (for himself and Mr. Brownback):
  S. 404. A bill to protect children from exploitive child modeling, 
and for other purposes; to the Committee on the Judiciary.
  Mr. BUNNING. Mr. President, I rise to introduce, along with Senator 
Sam Brownback, the Child Modeling Exploitation Prevention Act.
  Many Senators may not be aware of what I am talking about. I was not 
until recently, and I think it is important to raise awareness of the 
issue. Once my colleagues see what it is I am talking about, I am sure 
they will join in supporting my bill.
  The Internet sites we are talking about are disturbing and dangerous. 
I wanted to have some enlarged pictures to illustrate what I am talking 
about, but the images are indecent and would only be further exploiting 
these children.
  What I am talking about are websites with pictures and videos of 
children--mostly girls between the ages of 7 and 14, barely clothed and 
in revealing positions--being sold on the Internet. For $25 a month at 
one site, you can look at pictures of a sweet and tender child being 
turned into a prostitute. She hikes up her skirt and poses in a bikini 
on a bearskin rug.
  What is the point of this? It is not to sell a bearskin rug or an 
article of clothing or any other product. There is one thing being 
sold: A child as a sex object.
  But there's more to this site. For $50 you can purchase a video of 
this little girl dancing and running around in skimpy outfits that 
leave little to the imagination.
  Normal people do not visit these sites. The primary viewers of these 
Internet sites are grown men. Some are pedophiles. Some are even 
registered sex offenders.
  And what is more disturbing is that some of these children are put on 
display by their parents. It is absurd that a parent would do this to 
their own child for cash.
  Some parents even allow Internet viewers to interact with their 
children through e-mail. Some even make personal videos for subscribers 
and allow them to send in clothes for the girls to model.
  This is wrong. Any sane and logical person knows it is wrong. And 
that is why Congress should do something about it.
  I am not talking about children modeling clothes in a Sears catalog. 
I am not talking about kids advertising shoes or jackets.
  That is fine. And legitimate marketing of products is not illegal 
under my bill.
  This bill has been carefully crafted to protect legitimate modeling 
activities and to not trample on the First Amendment.
  Children are precious.
  I know firsthand because I have 9 of my own. I also have 35 
grandchildren, and 3 great-grandchildren. And I don't want any of 
them--or any other children--growing up in a world where we exploit 
children in a sexual way.
  I urge my colleagues to cosponsor this bill and end exploitive child 
modeling.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 404

       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 Modeling Exploitation 
     Prevention Act''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) The use of children in the production of exploitive 
     child modeling, including on Internet websites, in 
     photographs, films, videos, and other visual depictions, is a 
     form of child abuse that can result in physical and 
     psychological harm to the children involved.
       (2) Exploitive child modeling is different from other, 
     legitimate, child modeling because exploitive child modeling 
     involves marketing the child himself or herself in lascivious 
     positions and acts, rather than actually marketing products 
     to average American consumers.
       (3) The purpose of exploitive child modeling is to satisfy 
     the demand of pedophiles.
       (4) Unlike legitimate child modeling, exploitive child 
     modeling may involve a direct and personal interaction 
     between the child model and the pedophile. The pedophile 
     often knows the child's name and has a way of communicating 
     with the child.
       (5) The interaction between the exploited child model and 
     the pedophile can lead the child to trust pedophiles and to 
     believe that it is acceptable and safe to meet with 
     pedophiles in private.
       (6) Over 70 percent of convicted pedophiles have used child 
     pornography or exploitive child modeling depictions to whet 
     their sexual appetites. Because children are used in its 
     production, exploitive child modeling can place the child in 
     danger of being abducted, abused, or murdered by the 
     pedophiles who view such depictions.
       (7) These exploitive exhibitions of children are 
     unacceptable by social standards and lead to a direct harm to 
     the children involved.

     SEC. 3. EMPLOYMENT IN EXPLOITIVE CHILD MODELING.

       (a) Prohibition on Employment.--Section 12 of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 212) is amended by 
     adding at the end the following:
       ``(e)(1) No employer may employ a child model in exploitive 
     child modeling.
       ``(2) Notwithstanding section 16(a), whoever violates 
     paragraph (1) shall be fined under title 18 or imprisoned not 
     more than 10 years, or both.
       ``(3)(A) In this subsection, the term `exploitive child 
     modeling' means modeling involving the use of a child under 
     17 years old for financial gain without the purpose of 
     marketing a product or service other than the image of the 
     child.
       ``(B) Such term applies to any such use, regardless of 
     whether the employment relationship of the child is direct or 
     indirect, or contractual or noncontractual, or is termed that 
     of an independent contractor.
       ``(C) Such term does not apply to an image which, taken as 
     a whole, has serious literary, artistic, political, or 
     scientific value.''.
       (b) Oppressive Child Labor.--Section 3(l) of such Act (29 
     U.S.C. 203(l)) is amended--
       (1) by striking ``(1) any'' and inserting ``(A) any'';
       (2) by striking ``(2) any'' and inserting ``(B) any'';
       (3) by inserting ``(1)'' after ``(l)''; and
       (4) by adding at the end the following new paragraph:
       ``(2) Such term includes employment of a minor in violation 
     of section 12(e)(1).''.

     SEC. 4. EXPLOITIVE CHILD MODELING OFFENSE.

       (a) In General.--110 of title 18, United States Code, is 
     amended by inserting after section 2252A the following:

     ``Sec. 2252B. Exploitive child modeling

       ``(a) In General.--Except as provided in subsection (b), 
     whoever, in or affecting interstate or foreign commerce, with 
     the intent to make a financial gain thereby--displays or 
     offers to provide the image of an individual engaged in 
     exploitive child modeling (as defined in section 12(e) of the 
     Fair Labor Standards Act of 1938) shall be fined under this 
     title or imprisoned not more than 10 years, or both.

[[Page S2480]]

       ``(b) Exception.--This section does not apply to an image 
     which, taken as a whole, has serious literary, artistic, 
     political, or scientific value.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 110 of title 18, United States Code, is 
     amended by inserting after the item relating to section 2252A 
     the following:

``2252B. Exploitive child modeling.''.
                                 ______