[Congressional Record (Bound Edition), Volume 154 (2008), Part 16]
[House]
[Pages 21796-21798]
[From the U.S. Government Publishing Office, www.gpo.gov]




          EFFECTIVE CHILD PORNOGRAPHY PROSECUTION ACT OF 2007

  Ms. ZOE LOFGREN of California. Mr. Speaker, I move to suspend the 
rules and concur in the Senate amendment to the 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.
  The Clerk read the title of the bill.
  The text of the Senate amendment is as follows:

       Senate amendment:
       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 21797]]

       (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 SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Ms. Zoe Lofgren) and the gentleman from Utah (Mr. Cannon) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Ms. ZOE LOFGREN of California. Mr. Speaker, I ask unanimous consent 
that all Members have 5 legislative days to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. ZOE LOFGREN of California. I yield myself such time as I may 
consume.
  Mr. Speaker, the bill we are considering today combines two bills the 
House passed last November to strengthen the Justice Department's 
ability to prosecute child pornography. The first fixes a glaring 
loophole in the Federal statute prohibiting possession of child 
pornography, which a Federal appeals court last year said requires as 
an essential element of the offense proof that the images, here kept on 
a computer desk, had actually crossed State lines.
  Our colleague, Nancy Boyda of Kansas, introduced H.R. 4120 to clarify 
that this statute covers conduct ``in or affecting interstate 
commerce,'' not just ``in commerce.'' This small change will have great 
legal significance, allowing that statute to reach the full extent of 
Congress' commerce clause powers.
  Trafficking in child pornography is national and international in 
scope, and even conduct that may appear wholly intrastate necessarily 
affects interstate commerce. This will ensure that our laws reach to 
their maximum extent, and it is important, because child pornography is 
one of the worst things that exists in our culture.
  The Senate also inserted another House-passed bill, H.R. 4136, 
introduced by Chris Carney of Pennsylvania. It adds child pornography 
proceeds to the money laundering statutes and fixes another loophole 
that allowed Internet users to get around the laws against possessing 
child pornography simply by not downloading or saving the images.
  Mr. Speaker, these two combined measures will be a tremendous help in 
the effort to put a stop to this disgusting, abominable exploitation of 
children and to bring to justice those who traffic in it.
  I want to commend Congresswoman Nancy Boyda and Congressman 
Christopher Carney for their sustained commitment to pursuing this 
effort so that we can see it enacted into law now.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CANNON. Mr. Speaker, I yield myself such time as I may consume.
  I would just like to thank the gentlewoman from California for taking 
the lead here today on this issue. It is an important issue, and she 
has laid out the facts behind the need for this today.
  We live in a world of very quickly transforming technology. The 
courts sometimes have difficulty keeping up with that, and we have to 
act to create the legal environment for the courts to appropriately 
act. This bill does that. I encourage my colleagues to support it when 
it comes to a vote.
  Mr. Speaker, I rise in support of H.R. 4120, the Effective Child 
Pornography Prosecution Act of 2007. The House passed this legislation 
in November of last year to combat the pervasiveness of child 
pornography on the Internet.
  Child abuse and exploitation are among the most heinous crimes 
committed in this country. And in recent years, the Internet, with its 
virtually unregulated access to information and to people all over the 
world, has become a foul source for this type of criminal activity. 
However, in many instances, Federal prosecutors are prevented from 
seeking justice.
  In a decision by the 10th Circuit United States Court of Appeals in 
United States v. Schafer, the Court ruled the transmission of child 
pornography on the Internet did not satisfy the interstate requirement 
in child pornography laws.
  H.R. 4120, the ``Effective Child Pornography Prosecution Act of 
2007,'' responds to that decision by expanding jurisdiction for 
prosecuting Internet child pornography crimes.
  This bill allows the government to prosecute cases when child 
pornography or is transmitted ``using any means or facility of 
interstate or foreign commerce.'' This is the broadest assertion of 
interstate commerce power that Congress can make consistent with the 
Constitution.
  H.R. 4120, as passed by the Senate, includes provisions similar to 
H.R. 4136, the ``Enhancing the Effective Prosecution of Child 
Pornography Act of 2007'' which also passed the House last November.
  This language closes a loophole used by child pornographers to 
circumvent the law by expanding current child pornography statutes.
  Current law prohibits the ``possession'' of child pornography. This 
law pre-dates the prevalence of the Internet in transmitting child 
pornography images. Today, a pedophile can access child pornography and 
view it but, under the current statute, may not be criminally liable 
for possessing it. This provision will prohibit accessing such content 
with the intent to view it and will no longer require an offender to 
actually download the material.
  It is no longer sufficient to warn our children to not talk to 
strangers. With the expansion of the Internet and other technologies, 
we must now find new ways to protect our children from the dangers of 
the world.
  H.R. 4120, the ``Effective Child Pornography Prosecution Act of 
2007,'' provides law enforcement important tools for combating these 
heinous crimes.
  I urge my colleagues to support this bill.
  Mr. Speaker, I yield back the balance of my time.

                              {time}  1215

  Ms. ZOE LOFGREN of California. Mr. Speaker, I appreciate the comments 
made by the gentleman from Utah. I enjoy working with him, as he knows. 
I urge Members to support this bill.
  Mrs. BOYDA of Kansas. Mr. Spreaker, the Department of Justice 
estimates that, in the last year, one in five children between the ages 
of 10 and 17 received a sexual solicitation or approach while they were 
using the Internet, With so many threats out there, Congress must 
provide a unified message that we, as a society, will not stand for 
anything less than a safe Internet. We will do that today when we pass 
five good pieces of legislation

[[Page 21798]]

that will help keep our children safe. I am proud that my legislation, 
H.R. 4120, Effective Child Pornography Prosecution Act will be a part 
of that message.
  A man from Kansas, William Schaefer, was found guilty of both 
``knowingly receiving'' and ``knowingly possessing'' child pornography 
that had been ``transported in interstate commerce, by any means 
including by computer.''
  Sadly, the 10th Circuit Court of Appeals overturned this decision and 
the offender was not prosecuted to the fullest extent of the law. The 
Court ruled that just because images are obtained on the Internet, does 
not mean they were transmitted across state lines and issued the 
following statements:

       We decline to assume that Internet use automatically 
     equates with a movement across state lines.
       Congress' use of the ``in commerce'' language, as opposed 
     to phrasing such as ``affecting commerce'' or ``facility of 
     interstate commerce,'' signals its decision to limit federal 
     jurisdiction and require actual movement between states to 
     satisfy interstate nexus.

  The Court essentially asked Congress to clarify its intent that the 
Internet is in fact Interstate Commerce and we did that with passage of 
the Effective Child Pornography Prosecution Act of 2007. This 
legislation closes the jurisdictional loophole that allowed a guilty 
man to escape punishment.
  As concerned citizens, parents, and Members of Congress, we must do 
all we can to keep our children safe. That means we must make a 
commitment to being tough on crime--to make sure that those who violate 
the law are fully prosecuted--to ensure that the law is so clear that 
it deters such heinous crimes from happening.
  Mrs. BIGGERT. Mr. Speaker, I rise today to express my strong support 
for H.R. 4120, the Effective Child Pornography Prosecution Act. I am 
very pleased to be the lead Republican cosponsor, and I thank the 
gentlewoman from Kansas for all of her hard work on this legislation 
that will close an unacceptable loophole in the Federal criminal code.
  Last year, the U.S. Court of Appeals for the 10th Circuit overturned 
a lower court's decision in U.S. v. Schaefer and freed a defendant who 
had been convicted of receiving and possessing child pornography. The 
case was not overturned for lack of evidence, but rather because the 
prosecution failed to prove that images downloaded from the Internet 
moved across State lines in ``interstate commerce.''
  The judges who decided this case pointed out that the use of the 
phrase ``in commerce'' instead of ``affecting commerce'' in the law 
signaled Congress' intent to limit Federal jurisdiction in the 
prosecution of child pornographers. As co-chair of the Missing and 
Exploited Children's Caucus, I can assure you, Mr. Speaker, nothing 
could be further from the truth. We in Congress know the horrible 
consequences that result from the sexual exploitation of children used 
to create these images. We also take very seriously our duty to do 
everything in our power to protect children, punish predators and deter 
future acts of abuse.
  That is why the bill we are considering today deserves our full 
support. It will close the loophole in current law by replacing the 
phrase ``in commerce'' with the phrase ``affecting commerce'' in the 
child pornography statute.
  I also was pleased that the Senate chose to include additional 
provisions making it easier to prosecute those who willfully access 
child pornography on the Internet. These changes will give prosecutors 
the tools they need to ensure that predators who use the Internet to 
transmit or access child pornography end up behind bars, where they 
belong.
  I would like to take this opportunity to again thank the gentlewoman 
from Kansas, my good friend, Nancy Boyda, for introducing this 
legislation. I also would like to thank the National Center for Missing 
and Exploited Children for their assistance and counsel in drafting the 
bill. Mr. Speaker, as a mother of four and grandmother of seven, I know 
there is nothing more important than safeguarding our children from 
predators. We must not allow those who sexually exploit children to 
avoid prosecution because of a technicality.
  I urge all my colleagues to support H.R. 4120 and send this important 
bill to the White House for the President's signature.
  Ms. ZOE LOFGREN of California. Mr. Speaker, I yield back the balance 
of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Ms. Zoe Lofgren) that the House suspend 
the rules and concur in the Senate amendment to the bill, H.R. 4120.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. CANNON. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________