[Congressional Record Volume 154, Number 151 (Tuesday, September 23, 2008)]
[Senate]
[Pages S9343-S9344]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              EFFECTIVE CHILD PORNOGRAPHY PROSECUTION ACT

  Mr. MENENDEZ. Mr. President, I ask unanimous consent that the 
Committee on the Judiciary be discharged from further consideration of 
H.R. 4120, the Effective Child Pornography Prosecution Act, and the 
Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 4120) to amend title 18, United States Code, 
     to provide for more effective prosecution of cases involving 
     child pornography, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. MENENDEZ. Mr. President, I further ask unanimous consent that the 
amendment at the desk be agreed to; the bill, as amended, be read the 
third time and passed; the motion to reconsider be laid upon the table; 
and any statements be printed in the Record.
  The amendment (No. 5641) was agreed to, as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Table of contents.

      TITLE I--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION ACT OF 2007

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Clarifying ban of child pornography.

TITLE II--ENHANCING THE EFFECTIVE PROSECUTION OF CHILD PORNOGRAPHY ACT 
                                OF 2007

Sec. 201. Short title.
Sec. 202. Money laundering predicate.
Sec. 203. Knowingly accessing child pornography with the intent to view 
              child pornography.

      TITLE I--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION ACT OF 2007

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Effective Child 
     Pornography Prosecution Act of 2007''.

     SEC. 102. FINDINGS.

       Congress finds the following:
       (1) Child pornography is estimated to be a multibillion 
     dollar industry of global proportions, facilitated by the 
     growth of the Internet.
       (2) Data has shown that 83 percent of child pornography 
     possessors had images of children younger than 12 years old, 
     39 percent had images of children younger than 6 years old, 
     and 19 percent had images of children younger than 3 years 
     old.
       (3) Child pornography is a permanent record of a child's 
     abuse and the distribution of child pornography images 
     revictimizes the child each time the image is viewed.
       (4) Child pornography is readily available through 
     virtually every Internet technology, including Web sites, 
     email, instant messaging, Internet Relay Chat, newsgroups, 
     bulletin boards, and peer-to-peer.
       (5) The technological ease, lack of expense, and anonymity 
     in obtaining and distributing child pornography over the 
     Internet has resulted in an explosion in the 
     multijurisdictional distribution of child pornography.
       (6) The Internet is well recognized as a method of 
     distributing goods and services across State lines.
       (7) The transmission of child pornography using the 
     Internet constitutes transportation in interstate commerce.

     SEC. 103. CLARIFYING BAN OF CHILD PORNOGRAPHY.

       (a) In General.--Chapter 110 of title 18, United States 
     Code, is amended--
       (1) in section 2251--
       (A) in each of subsections (a), (b), and (d), by inserting 
     ``using any means or facility of interstate or foreign 
     commerce or'' after ``be transported'';
       (B) in each of subsections (a) and (b), by inserting 
     ``using any means or facility of interstate or foreign 
     commerce or'' after ``been transported'';
       (C) in subsection (c), by striking ``computer'' each place 
     that term appears and inserting ``using any means or facility 
     of interstate or foreign commerce''; and
       (D) in subsection (d), by inserting ``using any means or 
     facility of interstate or foreign commerce or'' after ``is 
     transported'';
       (2) in section 2251A(c), by inserting ``using any means or 
     facility of interstate or foreign commerce or'' after ``or 
     transported'';
       (3) in section 2252(a)--
       (A) in paragraph (1), by inserting ``using any means or 
     facility of interstate or foreign commerce or'' after 
     ``ships'';
       (B) in paragraph (2)--
       (i) by inserting ``using any means or facility of 
     interstate or foreign commerce or'' after ``distributes, any 
     visual depiction''; and
       (ii) by inserting ``using any means or facility of 
     interstate or foreign commerce or'' after ``depiction for 
     distribution'';
       (C) in paragraph (3)--
       (i) by inserting ``using any means or facility of 
     interstate or foreign commerce'' after ``so shipped or 
     transported''; and
       (ii) by striking ``by any means,''; and
       (D) in paragraph (4), by inserting ``using any means or 
     facility of interstate or foreign commerce or'' after ``has 
     been shipped or transported''; and
       (4) in section 2252A(a)--
       (A) in paragraph (1), by inserting ``using any means or 
     facility of interstate or foreign commerce or'' after 
     ``ships'';
       (B) in paragraph (2), by inserting ``using any means or 
     facility of interstate or foreign commerce'' after ``mailed, 
     or'' each place it appears;
       (C) in paragraph (3), by inserting ``using any means or 
     facility of interstate or foreign commerce or'' after 
     ``mails, or'' each place it appears;

[[Page S9344]]

       (D) in each of paragraphs (4) and (5), by inserting ``using 
     any means or facility of interstate or foreign commerce or'' 
     after ``has been mailed, or shipped or transported''; and
       (E) in paragraph (6), by inserting ``using any means or 
     facility of interstate or foreign commerce or'' after ``has 
     been mailed, shipped, or transported''.
       (b) Affecting Interstate Commerce.--Chapter 110 of title 
     18, United States Code, is amended in each of sections 2251, 
     2251A, 2252, and 2252A, by striking ``in interstate'' each 
     place it appears and inserting ``in or affecting 
     interstate''.
       (c) Certain Activities Relating to Material Involving the 
     Sexual Exploitation of Minors.--Section 2252(a)(3)(B) of 
     title 18, United States Code, is amended by inserting ``, 
     shipped, or transported using any means or facility of 
     interstate or foreign commerce'' after ``that has been 
     mailed''.
       (d) Certain Activities Relating to Material Constituting or 
     Containing Child Pornography.--Section 2252A(a)(6)(C) of 
     title 18, United States Code, is amended by striking ``or by 
     transmitting'' and all that follows through ``by computer,'' 
     and inserting ``or any means or facility of interstate or 
     foreign commerce,''.

TITLE II--ENHANCING THE EFFECTIVE PROSECUTION OF CHILD PORNOGRAPHY ACT 
                                OF 2007

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Enhancing the Effective 
     Prosecution of Child Pornography Act of 2007''.

     SEC. 202. MONEY LAUNDERING PREDICATE.

       Section 1956(c)(7)(D) of title 18, United States Code, is 
     amended by inserting ``section 2252A (relating to child 
     pornography) where the child pornography contains a visual 
     depiction of an actual minor engaging in sexually explicit 
     conduct, section 2260 (production of certain child 
     pornography for importation into the United States),'' before 
     ``section 2280''.

     SEC. 203. KNOWINGLY ACCESSING CHILD PORNOGRAPHY WITH THE 
                   INTENT TO VIEW CHILD PORNOGRAPHY.

       (a) Materials Involving Sexual Exploitation of Minors.--
     Section 2252(a)(4) of title 18, United States Code, is 
     amended--
       (1) in subparagraph (A), by inserting ``, or knowingly 
     accesses with intent to view,'' after ``possesses''; and
       (2) in subparagraph (B), by inserting ``, or knowingly 
     accesses with intent to view,'' after ``possesses''.
       (b) Materials Constituting or Containing Child 
     Pornography.--Section 2252A(a)(5) of title 18, United States 
     Code, is amended--
       (1) in subparagraph (A), by inserting ``, or knowingly 
     accesses with intent to view,'' after ``possesses''; and
       (2) in subparagraph (B), by inserting ``, or knowingly 
     accesses with intent to view,'' after ``possesses''.

  The bill (H.R. 4120) was ordered to a third reading, was read the 
third time, and passed.

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