IB 

Union Calendar No. 224 

112TH CONGRESS 

1ST SESSION H. R. 1981 

[Report No. 112–281, Part I] 

To amend title 18, United States Code, with respect to child pornography 

and child exploitation offenses. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2011 

Mr. SMITH of Texas (for himself and Ms. WASSERMAN SCHULTZ) introduced 

the following bill; which was referred to the Committee on the Judiciary 

NOVEMBER 10, 2011 

Reported with an amendment and referred to the Committee on Energy and 

Commerce for a period ending not later than December 9, 2011, for consideration of such provisions of the bill and amendment as fall within the 

jurisdiction of that committee pursuant to clause 1(f), rule X 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 9, 2011 

Referral to the Committee on Energy and Commerce extended for a period 

ending not later than December 16, 2011 


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DECEMBER 16, 2011 

Additional sponsors: Mr. RUPPERSBERGER, Mr. FLORES, Mr. FORBES, Mr. 

COBLE, Mr. FRANKS of Arizona, Mr. GALLEGLY, Mr. GOWDY, Mr. 

CHABOT, Mr. DEUTCH, Mr. SHULER, Mr. DANIEL E. LUNGREN of California, Mr. CRITZ, Mr. UPTON, Mr. LATOURETTE, Mrs. EMERSON, Mrs. 

LUMMIS, Mr. QUIGLEY, Mr. MARINO, Mr. SCHIFF, Mr. CALVERT, Ms. 

JACKSON LEE of Texas, Mr. STARK, Mr. PIERLUISI, Mr. GRIFFIN of Arkansas, Mr. ROSS of Florida, Mr. PENCE, Mr. AMODEI, Mr. REICHERT, 

Mr. NUGENT, Ms. HERRERA BEUTLER, Mr. MILLER of Florida, Mr. 

WILSON of South Carolina, Mr. JORDAN, Mr. KLINE, Mr. MCINTYRE, 

Mr. AUSTRIA, Mr. WOMACK, and Mr. FITZPATRICK

DECEMBER 16, 2011 

The Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 

[For text of introduced bill, see copy of bill as introduced on May 25, 2011] 

A BILL 

To amend title 18, United States Code, with respect to 

child pornography and child exploitation offenses. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Children 

5 From Internet Pornographers Act of 2011’’. 

6 SEC. 2. FINANCIAL FACILITATION OF ACCESS TO CHILD 

7 PORNOGRAPHY. 

8 (a) OFFENSE.—Chapter 95 of title 18, United States 

9 Code, is amended by adding at the end the following: 

10 ‘‘§ 1960A. Financial facilitation of access to child por11 nography 

12 ‘‘(a) IN GENERAL.—Whoever knowingly conducts, or 

13 attempts or conspires to conduct, a financial transaction 

14 (as defined in section 1956(c)) in or affecting interstate or 

15 foreign commerce, knowing that such transaction will fa16 cilitate access to, or the possession of, child pornography 

17 (as defined in section 2256) shall be fined under this title 

18 or imprisoned not more than 20 years, or both. 

19 ‘‘(b) EXCLUSION FROM OFFENSE.—This section does 

20 not apply to a financial transaction conducted by a person 

21 in cooperation with, or with the consent of, any Federal, 

22 State, or local law enforcement agency.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections at 

24 the beginning of chapter 95 of title 18, United States Code, 

25 is amended by adding at the end the following new item: 

‘‘1960A. Financial facilitation of access to child pornography.’’. 


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1 SEC. 3. MONEY LAUNDERING PREDICATE. 

2 Section 1956(c)(7)(D) of title 18, United States Code, 

3 is amended— 

4 (1) by inserting ‘‘1466A (relating to obscene vis5 ual representation of the abuse of children),’’ before 

6 ‘‘section 1708’’; and 

7 (2) by inserting ‘‘1960A (relating to financial 

8 facilitation of access to child pornography),’’ before 

9 ‘‘section 2113’’. 

10 SEC. 4. RETENTION OF CERTAIN RECORDS BY ELECTRONIC 

11 COMMUNICATION SERVICE PROVIDERS. 

12 (a) IN GENERAL.—Section 2703 of title 18, United 

13 States Code, is amended by adding at the end the following: 

14 ‘‘(h) RETENTION OF CERTAIN RECORDS.— 

15 ‘‘(1) A commercial provider of an electronic com16 munication service shall retain for a period of at least 

17 one year a log of the temporarily assigned network 

18 addresses the provider assigns to a subscriber to or 

19 customer of such service that enables the identification 

20 of the corresponding customer or subscriber informa21 tion under subsection (c)(2) of this section. 

22 ‘‘(2) Access to a record or information required 

23 to be retained under this subsection may not be com24 pelled by any person or other entity that is not a gov25 ernmental entity. 


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1 ‘‘(3) The Attorney General shall make a study to 

2 determine the costs associated with compliance by 

3 providers with the requirement of paragraph (1). 

4 Such study shall include an assessment of all the 

5 types of costs, including for hardware, software, and 

6 personnel that are involved. Not later than 2 years 

7 after the date of the enactment of this paragraph, the 

8 Attorney General shall report to Congress the results 

9 of that study. 

10 ‘‘(4) In this subsection— 

11 ‘‘(A) the term ‘commercial provider’ means 

12 a provider of electronic communication service 

13 that offers Internet access capability for a fee to 

14 the public or to such classes of users as to be ef15 fectively available to the public, regardless of the 

16 facilities used; and 

17 ‘‘(B) the term ‘Internet’ has the same mean18 ing given that term in section 230(f) of the Com19 munications Act of 1934.’’. 

20 (b) SENSE OF CONGRESS.—It is the sense of Con21 gress— 

22 (1) to encourage electronic communication serv23 ice providers to give prompt notice to their customers 

24 in the event of a breach of the data retained pursuant 

25 to section 2703(h) of title 18 of the United States 


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1 Code, in order that those effected can take the nec2 essary steps to protect themselves from potential mis3 use of private information; and 

4 (2) that records retained pursuant to section 

5 2703(h) of title 18, United States Code, should be 

6 stored securely to protect customer privacy and pre7 vent against breaches of the records. 

8 (c) TRANSITION RULE.—The amendment made by this 

9 section shall not apply until 180 days after the date of the 

10 enactment of this Act to a provider of an electronic commu11 nications service that does not, on that date of enactment, 

12 have in effect a system of retention of records that complies 

13 with the requirements of that amendment. 

14 (d) STUDY.— 

15 (1) The Attorney General, not later than 2 years 

16 after the date of the enactment of this Act, shall com17 plete a study of providers affected by section 2703(h) 

18 of title 18, United States Code. 

19 (2) Such study shall include— 

20 (A) the privacy standards and consider21 ations implemented by those providers as they 

22 comply with the requirements of section 2703(h); 

23 and 

24 (B) the frequency of any reported breaches 

25 of data retained pursuant to section 2703(h). 


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1 (3) The Attorney General shall, upon the comple2 tion of the study, report the results of the study to 

3 Congress. 

4 SEC. 5. NO CAUSE OF ACTION AGAINST A PROVIDER DIS5 CLOSING INFORMATION UNDER THIS CHAP6 TER. 

7 Section 2703(e) of title 18, United States Code, is 

8 amended by inserting ‘‘retaining records,’’ after ‘‘other spec9 ified persons for’’. 

10 SEC. 6. GOOD FAITH RELIANCE ON REQUIREMENT. 

11 Section 2707(e)(1) of title 18, United States Code, is 

12 amended by inserting ‘‘, or the requirement to retain 

13 records under section 2703(h),’’ after ‘‘section 2703(f)’’. 

14 SEC. 7. SUBPOENA AUTHORITY. 

15 Section 566(e)(1) of title 28, United States Code, is 

16 amended— 

17 (1) in subparagraph (A), by striking ‘‘and’’ at 

18 the end; 

19 (2) in subparagraph (B), by striking the period 

20 at the end and inserting ‘‘; and’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(C) issue administrative subpoenas in accord23 ance with section 3486 of title 18, solely for the pur24 pose of investigating unregistered sex offenders (as de25 fined in such section 3486).’’. 


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1 SEC. 8. PROTECTION OF CHILD WITNESSES. 

2 Section 1514 of title 18, United States Code, is amend3 ed— 

4 (1) in subsection (b)— 

5 (A) in paragraph (1)— 

6 (i) by inserting ‘‘or its own motion,’’ 

7 after ‘‘attorney for the Government,’’; and 

8 (ii) by inserting ‘‘or investigation’’ 

9 after ‘‘Federal criminal case’’ each place it 

10 appears; 

11 (B) by redesignating paragraphs (2), (3), 

12 and (4) as paragraphs (3), (4), and (5), respec13 tively; 

14 (C) by inserting after paragraph (1) the fol15 lowing: 

16 ‘‘(2) In the case of a minor witness or victim, the court 

17 shall issue a protective order prohibiting harassment or in18 timidation of the minor victim or witness if the court finds 

19 evidence that the conduct at issue is reasonably likely to 

20 adversely affect the willingness of the minor witness or vic21 tim to testify or otherwise participate in the Federal crimi22 nal case or investigation. Any hearing regarding a protec23 tive order under this paragraph shall be conducted in ac24 cordance with paragraphs (1) and (3), except that the court 

25 may issue an ex parte emergency protective order in ad26 vance of a hearing if exigent circumstances are present. If 


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1 such an ex parte order is applied for or issued, the court 

2 shall hold a hearing not later than 14 days after the date 

3 such order was applied for or is issued.’’; 

4 (D) in paragraph (4), as so redesignated, by 

5 striking ‘‘(and not by reference to the complaint 

6 or other document)’’; and 

7 (E) in paragraph (5), as so redesignated, in 

8 the second sentence, by inserting before the pe9 riod at the end the following: ‘‘, except that in 

10 the case of a minor victim or witness, the court 

11 may order that such protective order expires on 

12 the later of 3 years after the date of issuance or 

13 the date of the eighteenth birthday of that minor 

14 victim or witness’’; and 

15 (2) by striking subsection (c) and inserting the 

16 following: 

17 ‘‘(c) Whoever knowingly and intentionally violates or 

18 attempts to violate an order issued under this section shall 

19 be fined under this title, imprisoned not more than 5 years, 

20 or both. 

21 ‘‘(d)(1) As used in this section— 

22 ‘‘(A) the term ‘course of conduct’ means a series 

23 of acts over a period of time, however short, indi24 cating a continuity of purpose; 


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1 ‘‘(B) the term ‘harassment’ means a serious act 

2 or course of conduct directed at a specific person 

3 that— 

4 ‘‘(i) causes substantial emotional distress in 

5 such person; and 

6 ‘‘(ii) serves no legitimate purpose; 

7 ‘‘(C) the term ‘immediate family member’ has 

8 the meaning given that term in section 115 and in9 cludes grandchildren; 

10 ‘‘(D) the term ‘intimidation’ means a serious act 

11 or course of conduct directed at a specific person 

12 that— 

13 ‘‘(i) causes fear or apprehension in such 

14 person; and 

15 ‘‘(ii) serves no legitimate purpose; 

16 ‘‘(E) the term ‘restricted personal information’ 

17 has the meaning give that term in section 119; 

18 ‘‘(F) the term ‘serious act’ means a single act of 

19 threatening, retaliatory, harassing, or violent conduct 

20 that is reasonably likely to influence the willingness 

21 of a victim or witness to testify or participate in a 

22 Federal criminal case or investigation; and 

23 ‘‘(G) the term ‘specific person’ means a victim or 

24 witness in a Federal criminal case or investigation, 


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1 and includes an immediate family member of such a 

2 victim or witness. 

3 ‘‘(2) For purposes of subparagraphs (B)(ii) and 

4 (D)(ii) of paragraph (1), a court shall presume, subject to 

5 rebuttal by the person, that the distribution or publication 

6 using the Internet of a photograph of, or restricted personal 

7 information regarding, a specific person serves no legiti8 mate purpose, unless that use is authorized by that specific 

9 person, is for news reporting purposes, is designed to locate 

10 that specific person (who has been reported to law enforce11 ment as a missing person), or is part of a government-au12 thorized effort to locate a fugitive or person of interest in 

13 a criminal, antiterrorism, or national security investiga14 tion.’’. 

15 SEC. 9. SENTENCING GUIDELINES. 

16 Pursuant to its authority under section 994 of title 

17 28, United States Code, and in accordance with this section, 

18 the United States Sentencing Commission shall review and, 

19 if appropriate, amend the Federal sentencing guidelines 

20 and policy statements to ensure— 

21 (1) that the guidelines provide an additional 

22 penalty increase above the sentence otherwise applica23 ble in Part J of Chapter 2 of the Guidelines Manual 

24 if the defendant was convicted of a violation of section 

25 1591 of title 18, United States Code, or chapters 


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1 109A, 109B, 110, or 117 of title 18, United States 

2 Code; and 

3 (2) if the offense described in paragraph (1) in4 volved causing or threatening to cause physical injury 

5 to a person under 18 years of age, in order to obstruct 

6 the administration of justice, an additional penalty 

7 increase above the sentence otherwise applicable in 

8 Part J of Chapter 2 of the Guidelines Manual. 

9 SEC. 10. ENHANCED PENALTIES FOR POSSESSION OF 

10 CHILD PORNOGRAPHY. 

11 (a) CERTAIN ACTIVITIES RELATING TO MATERIAL IN12 VOLVING THE SEXUAL EXPLOITATION OF MINORS.—Section 

13 2252(b)(2) of title 18, United States Code, is amended by 

14 inserting after ‘‘but if’’ the following: ‘‘any visual depiction 

15 involved in the offense involved a prepubescent minor or 

16 a minor who had not attained 12 years of age, such person 

17 shall be fined under this title and imprisoned for not more 

18 than 20 years, or if’’. 

19 (b) CERTAIN ACTIVITIES RELATING TO MATERIAL

20 CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.— 

21 Section 2252A(b)(2) of title 18, United States Code, is 

22 amended by inserting after ‘‘but, if’’ the following: ‘‘any 

23 image of child pornography involved in the offense involved 

24 a prepubescent minor or a minor who had not attained 12 


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1 years of age, such person shall be fined under this title and 

2 imprisoned for not more than 20 years, or if’’. 

3 SEC. 11. ADMINISTRATIVE SUBPOENAS. 

4 (a) IN GENERAL.—Section 3486(a)(1) of title 18, 

5 United States Code, is amended— 

6 (1) in subparagraph (A)— 

7 (A) in clause (i), by striking ‘‘or’’ at the 

8 end; 

9 (B) by redesignating clause (ii) as clause 

10 (iii); and 

11 (C) by inserting after clause (i) the fol12 lowing: 

13 ‘‘(ii) an unregistered sex offender conducted by 

14 the United States Marshals Service, the Director of 

15 the United States Marshals Service; or’’; and 

16 (2) in subparagraph (D)— 

17 (A) by striking ‘‘paragraph, the term’’ and 

18 inserting the following: ‘‘paragraph— 

19 ‘‘(i) the term’’; 

20 (B) by striking the period at the end and 

21 inserting ‘‘; and’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(ii) the term ‘sex offender’ means an individual 

24 required to register under the Sex Offender Registra25 tion and Notification Act (42 U.S.C. 16901 et seq.).’’. 


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1 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

2 Section 3486(a) of title 18, United States Code, is amend3 ed— 

4 (1) in paragraph (6)(A), by striking ‘‘United 

5 State’’ and inserting ‘‘United States’’; 

6 (2) in paragraph (9), by striking ‘‘(1)(A)(ii)’’ 

7 and inserting ‘‘(1)(A)(iii)’’; and 

8 (3) in paragraph (10), by striking ‘‘paragraph 

9 (1)(A)(ii)’’ and inserting ‘‘paragraph (1)(A)(iii)’’. 


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Union Calendar No. 224 

112TH CONGRESS 

1ST SESSION H. R. 1981 

[Report No. 112–281, Part I] 

A BILL 

To amend title 18, United States Code, with reoffenses. spect to child pornography and child exploitation 

DECEMBER 16, 2011 

The Committee on Energy and Commerce discharged; 

the State of the Union and ordered to be printed committed to the Committee of the Whole House on 


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