[Congressional Record Volume 149, Number 50 (Thursday, March 27, 2003)]
[House]
[Pages H2440-H2443]
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 2003 OR ``PROTECT ACT''

  Mr. SENSENBRENNER. Mr. Speaker, pursuant to House Resolution 160, I 
call up the Senate bill (S. 151) to amend title 18, United States Code, 
with respect to the sexual exploitation of children, and ask for its 
immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The text of S. 151 is as follows:

                                 S. 151

       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 
     2003'' 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) computer generate depictions 
     of children that are indistinguishable from depictions of 
     real children; (B) use parts of images of real children to 
     create a composite image that is unidentifiable as a 
     particular child and in a way that prevents even an expert 
     from concluding that parts of images of real children were 
     used; 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 computer generate realistic images of children.
       (6) The vast majority of child pornography prosecutions 
     today involve images contained on computer hard drives, 
     computer disks, 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 increased 
     significantly 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 assessment 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) Since the Supreme Court's decision in Free Speech 
     Coalition, defendants in child pornography cases have almost 
     universally raised the contention that the images in question 
     could be virtual, thereby requiring the government, in nearly 
     every child pornography prosecution, to find proof that the 
     child is real. Some of these defense efforts have already 
     been successful.
       (11) 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. Moreover, imposing an additional 
     requirement that the Government prove beyond a reasonable 
     doubt that the defendant knew that the image was in fact a 
     real child--as some courts have done--threatens to result in 
     the de facto legalization of the possession, receipt, and 
     distribution of child pornography for all except the original 
     producers of the material.
       (12) To avoid this grave threat to the Government's 
     unquestioned compelling interest

[[Page H2441]]

     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.
       (13) The Supreme Court's 1982 Ferber decision holding that 
     child pornography was not protected drove child pornography 
     off the shelves of adult bookstores. Congressional action is 
     necessary now to ensure that open and notorious trafficking 
     in such materials does not reappear, and even increase, on 
     the Internet.

     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 reflects the belief, or 
     that is intended to cause another to believe, that the 
     material or purported material is, or contains--
       ``(i) an obscene visual depiction of a minor engaging in 
     sexually explicit conduct; or
       ``(ii) a visual depiction of an actual 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, 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 ``paragraphs (1), 
     (2), (3), or (4)'' and inserting ``paragraph (1), (2), (3), 
     (4), or (6)''; and
       (3) by striking subsection (c) and inserting the following:
       ``(c) Affirmative Defense.--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 under subsection (c)(2) shall be 
     available in any prosecution that involves child pornography 
     as described in section 2256(8)(C). 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 (2)--
       (A) by striking ``means actual'' and inserting the 
     following: ``means--
       ``(A) actual'';
       (B) in subparagraphs (A), (B), (C), (D), and (E), by 
     indenting the left margin 2 ems to the right and 
     redesignating subparagraphs (A), (B), (C), (D), and (E) as 
     clauses (i), (ii), (iii), (iv), and (v), respectively;
       (C) in subparagraph (A)(v), as redesignated, by inserting 
     ``or'' after the semicolon; and
       (D) by adding at the end the following:
       ``(B)(i) actual sexual intercourse, including genital-
     genital, oral-genital, anal-genital, or oral-anal, whether 
     between persons of the same or opposite sex, or lascivious 
     simulated sexual intercourse where the genitals, breast, or 
     pubic area of any person is exhibited;
       ``(ii) actual or lascivious simulated--
       ``(I) bestiality;
       ``(II) masturbation; or
       ``(III) sadistic or masochistic abuse; or
       ``(iii) actual lascivious or simulated lascivious 
     exhibition of the genitals or pubic area of any person;'';
       (3) in paragraph (8)--
       (A) by striking subparagraph (B) and inserting the 
     following:
       ``(B) the production of such visual depiction involves the 
     use of an identifiable minor engaging in sexually explicit 
     conduct; or'';
       (B) in subparagraph (C)--
       (i) by inserting after ``is engaging in sexually explicit 
     conduct'' the following: ``, except that the term 
     `identifiable minor' as used in this subparagraph shall not 
     be construed to include the portion of the definition 
     contained in paragraph (9)(B)''; and
       (ii) by striking ``or'' at the end; and
       (C) by striking subparagraph (D); and
       (4) 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 image, computer generated image, or 
     digital image--
       ``(i) that is of, or is virtually indistinguishable from 
     that of, an actual minor; and
       ``(ii) that depicts sexually explicit conduct as defined in 
     paragraph (2)(B); and
       ``(10) `virtually indistinguishable'--
       ``(A) means that the depiction is such that an ordinary 
     person viewing the depiction would conclude that the 
     depiction is of an actual minor; and
       ``(B) does not apply to depictions that are drawings, 
     cartoons, sculptures, diagrams, anatomical models, or 
     paintings depicting minors or adults or reproductions of such 
     depictions.''.

     SEC. 6. OBSCENE VISUAL REPRESENTATIONS OF THE SEXUAL ABUSE OF 
                   CHILDREN.

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

     ``Sec. 2252B. Obscene visual representations of the sexual 
       abuse of children

       ``(a) In General.--Any person who, in a circumstance 
     described in subsection (d), knowingly produces, distributes, 
     receives, or possesses with intent to distribute, a visual 
     depiction of any kind, including a drawing, cartoon, 
     sculpture, or painting, that--
       ``(1)(A) depicts a minor engaging in sexually explicit 
     conduct; and
       ``(B) is obscene; or
       ``(2)(A) depicts an image that is, or appears to be, of a 
     minor engaging in graphic 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
       ``(B) lacks serious literary, artistic, political, or 
     scientific value;

     or attempts or conspires to do so, shall be subject to the 
     penalties provided in section 2252A(b)(1), including the 
     penalties provided for cases involving a prior conviction.
       ``(b) Additional Offenses.--Any person who, in a 
     circumstance described in subsection (d), knowingly possesses 
     a visual depiction of any kind, including a drawing, cartoon, 
     sculpture, or painting, that--
       ``(1)(A) depicts a minor engaging in sexually explicit 
     conduct; and
       ``(B) is obscene; or
       ``(2)(A) depicts an image that is, or appears to be, of a 
     minor engaging in graphic 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
       ``(B) lacks serious literary, artistic, political, or 
     scientific value;

     or attempts or conspires to do so, shall be subject to the 
     penalties provided in section 2252A(b)(2), including the 
     penalties provided for cases involving a prior conviction.
       ``(c) Nonrequired Element of Offense.--It is not a required 
     element of any offense under this section that the minor 
     depicted actually exist.
       ``(d) Circumstances.--The circumstance referred to in 
     subsections (a) and (b) is that--

[[Page H2442]]

       ``(1) any communication involved in or made in furtherance 
     of the offense is communicated or transported by the mail, or 
     in interstate or foreign commerce by any means, including by 
     computer, or any means or instrumentality of interstate or 
     foreign commerce is otherwise used in committing or in 
     furtherance of the commission of the offense;
       ``(2) any communication involved in or made in furtherance 
     of the offense contemplates the transmission or 
     transportation of a visual depiction by the mail, or in 
     interstate or foreign commerce by any means, including by 
     computer;
       ``(3) any person travels or is transported in interstate or 
     foreign commerce in the course of the commission or in 
     furtherance of the commission of the offense;
       ``(4) any visual depiction involved in the offense has been 
     mailed, or has been shipped or transported in interstate or 
     foreign commerce by any means, including by computer, or was 
     produced using materials that have been mailed, or that have 
     been shipped or transported in interstate or foreign commerce 
     by any means, including by computer; or
       ``(5) the offense is committed in the special maritime and 
     territorial jurisdiction of the United States or in any 
     territory or possession of the United States.
       ``(e) Affirmative Defense.--It shall be an affirmative 
     defense to a charge of violating subsection (b) that the 
     defendant--
       ``(1) possessed less than 3 such visual depictions; and
       ``(2) promptly and in good faith, and without retaining or 
     allowing any person, other than a law enforcement agency, to 
     access any such visual depiction--
       ``(A) took reasonable steps to destroy each such visual 
     depiction; or
       ``(B) reported the matter to a law enforcement agency and 
     afforded that agency access to each such visual depiction.
       ``(f) Definitions.--For purposes of this section--
       ``(1) the term `visual depiction' includes undeveloped film 
     and videotape, and data stored on a computer disk or by 
     electronic means which is capable of conversion into a visual 
     image, and also includes any photograph, film, video, 
     picture, digital image or picture, computer image or picture, 
     or computer generated image or picture, whether made or 
     produced by electronic, mechanical, or other means;
       ``(2) the term `sexually explicit conduct' has the meaning 
     given the term in section 2256(2); and
       ``(3) the term `graphic', when used with respect to a 
     depiction of sexually explicit conduct, means that a viewer 
     can observe any part of the genitals or pubic area of any 
     depicted person or animal during any part of the time that 
     the sexually explicit conduct is being depicted.''.
       (b) Technical and Conforming Amendment.--The section 
     analysis for chapter 110 of title 18, United States Code, is 
     amended by inserting after the item relating to section 2252A 
     the following:

``2252B. Obscene visual representations of the sexual abuse of 
              children.''.
       (c) Sentencing Guidelines.--
       (1) Category.--Except as provided in paragraph (2), the 
     applicable category of offense to be used in determining the 
     sentencing range referred to in section 3553(a)(4) of title 
     18, United States Code, with respect to any person convicted 
     under section 2252B of such title, shall be the category of 
     offenses described in section 2G2.2 of the Sentencing 
     Guidelines.
       (2) Ranges.--The Sentencing Commission may promulgate 
     guidelines specifically governing offenses under section 
     2252B of title 18, United States Code, if such guidelines do 
     not result in sentencing ranges that are lower than those 
     that would have applied under paragraph (1).

     SEC. 7. 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, digital 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. 8. 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 (b)(1), by inserting ``or a violation of 
     section 2252B of that title'' after ``of that title)'';
       (2) in subsection (c), by inserting ``or pursuant to'' 
     after ``to comply with'';
       (3) 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.'';
       (4) by redesignating paragraph (3) of subsection (b) as 
     paragraph (4); and
       (5) 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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

[[Page H2443]]

     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. 15. AUTHORIZATION OF INTERCEPTION OF COMMUNICATIONS IN 
                   THE INVESTIGATION OF SEXUAL CRIMES AGAINST 
                   CHILDREN.

       Section 2516(1)(c) of title 18, United States Code, is 
     amended--
       (1) by inserting ``section 1591 (sex trafficking of 
     children by force, fraud, or coercion),'' after ``section 
     1511 (obstruction of State or local law enforcement),''; and
       (2) by inserting ``section 2251A (selling or buying of 
     children), section 2252A (relating to material constituting 
     or containing child pornography), section 2252B (relating to 
     child obscenity), section 2260 (production of sexually 
     explicit depictions of a minor for importation into the 
     United States), sections 2421, 2422, 2423, and 2425 (relating 
     to transportation for illegal sexual activity and related 
     crimes),'' after ``sections 2251 and 2252 (sexual 
     exploitation of children),''.

     SEC. 16. INVESTIGATIVE AUTHORITY RELATING TO CHILD 
                   PORNOGRAPHY.

       Section 3486(a)(1)(C)(i) of title 18, United States Code, 
     is amended by striking ``the name, address'' and all that 
     follows through ``subscriber or customer utilized,'' and 
     inserting ``the information specified in section 
     2703(c)(2)''.

     SEC. 17. 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.


                  Motion Offered by Mr. Sensenbrenner

  Mr. SENSENBRENNER. Mr. Speaker, pursuant to House Resolution 160, I 
offer a motion.
  The Clerk read as follows:

       Mr. Sensenbrenner moves to strike all after the enacting 
     clause of S. 151, and insert in lieu thereof the provisions 
     of H.R. 1104 as passed by the House.

  The SPEAKER pro tempore. The gentleman from Wisconsin (Mr. 
Sensenbrenner) is recognized for 1 hour.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may 
consume, and I will not take a long time on this motion.
  The House has worked its will on H.R. 1104, and Members should be 
congratulated for their hard work. However, this is no time to pat 
ourselves on the back. There is still work to do with the other body, 
and I am prepared to get that job done.
  The following procedural maneuvers are necessary to get us to 
conference with the Senate. Many have complained that H.R. 1104 would 
get bogged down with the other body. This procedure ensures that we are 
able to expeditiously convene a conference to resolve differences 
between the House and the Senate versions of this legislation. The 
Committee on Rules, in its wisdom, has crafted a rule that permits us 
to expeditiously get to conference so that the House and Senate 
Committees on the Judiciary can get to work. I am ready to roll up my 
sleeves to make sure this child protection legislation is on the 
President's desk soon.
  Mr. Speaker, this motion permits the House to get to a stage of 
disagreement with the Senate so the House can consider the next motion 
I will offer requesting a conference with the other body. I encourage 
all Members to support this motion so we can resolve our differences 
with the other body and send to the President strong child protection 
legislation.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Wisconsin (Mr. Sensenbrenner).
  The motion was agreed to.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed.
  The SPEAKER pro tempore. Without objection, the title of the Senate 
bill is amended so as to read: ``To prevent child abduction and the 
sexual exploitation of children, and for other purposes.''
  There was no objection.
  A motion to reconsider was laid on the table.
  A similar House bill (H.R. 1104) was laid on the table.


                       Motion To Go To Conference

  Mr. SENSENBRENNER. Mr. Speaker, pursuant to the rule, I offer a 
motion.
  The Clerk read as follows:

       Mr. Sensenbrenner moves that the House insist on its 
     amendments to S. 151 and request a conference with the Senate 
     thereon.

  The motion was agreed to.


                      Motion to Instruct Conferees

  Mr. SCOTT of Virginia. Mr. Speaker, I offer a motion to instruct 
conferees.
  The Clerk read as follows:
       Mr. Scott of Virginia moves that the managers on the part 
     of the House at the conference on the disagreeing votes of 
     the two Houses on the bill S. 151, be instructed to insist 
     that--
       (1) the committee of conference allow opportunity for 
     members of the committee of conference to offer and debate 
     amendments at all meetings of such conference; and
       (2) all meetings of the committee of conference--
       (A) be open to the public and to the print and electronic 
     media; and
       (B) be held in venues selected to maximize the capacity for 
     attendance of the public and the media.

  The SPEAKER pro tempore. Pursuant to clause 7 of rule XXII, the 
gentleman from Virginia (Mr. Scott) and the gentleman from Wisconsin 
(Mr. Sensenbrenner) each will control 30 minutes.
  The Chair recognizes the gentleman from Virginia (Mr. Scott).
  Mr. SCOTT of Virginia. Mr. Speaker, I believe the motion is self-
explanatory, and I would hope that it would be adopted.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I have no objection to the motion, but I hope it will 
not be used to slow down the proceedings of the conference so that we 
can expeditiously reach a conference report.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion to instruct 
offered by the gentleman from Virginia (Mr. Scott).
  The motion to instruct was agreed to.
  A motion to reconsider was laid on the table.


                        Appointment of Conferees

  The SPEAKER pro tempore. Without objection, the Chair appoints the 
following conferees:
  From the Committee on the Judiciary, for consideration of the Senate 
bill and the House amendments, and modifications committed to 
conference: Messrs. Sensenbrenner, Coble, Smith of Texas, Green of 
Wisconsin, Ms. Hart, Mr. Conyers and Mr. Scott of Virginia.
  For consideration of the Senate bill and House amendments and 
modifications committed to conference: Mr. Frost.
  There was no objection.

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