IB
Union Calendar No. 316
107TH CONGRESS
2D SESSION
H. R. 4623
[Report No. 107–526]
To prevent trafficking in child pornography and obscenity, to proscribe pan-
dering and solicitation relating to visual depictions of minors engaging
in sexually explicit conduct, to prevent the use of child pornography
and obscenity to facilitate crimes against children, and for other pur-
poses.
IN THE HOUSE OF REPRESENTATIVES
APRIL 30, 2002
Mr. SMITH of Texas (for himself, Mr. POMEROY, Mr. FOLEY, Ms. HART, Mr.
DELAY, Mr. BRYANT, Mr. GOODLATTE, Mr. JENKINS, Mr. CANNON, Mr.
GREEN of Wisconsin, Mr. KELLER, Mrs. JOHNSON of Connecticut, Mr.
STEARNS, Mr. NUSSLE, Mrs. CAPITO, Mr. GILCHREST, Mr. CULBERSON,
Mr. WELLER, and Mr. UPTON) introduced the following bill; which was
referred to the Committee on the Judiciary
JUNE 24, 2002
Additional sponsors: Mr. WAMP, Mr. PENCE, Mr. HUNTER, Mr. SHOWS, Mr.
CHAMBLISS, Mr. SIMMONS, Mr. BAKER, Mr. OSBORNE, Mr. ROGERS of
Michigan, Mr. LAMPSON, Mr. LOBIONDO, Mr. WELDON of Florida, Mr.
CRAMER, Mr. BACHUS, Mr. GREEN of Texas, Ms. JACKSON-LEE of
Texas, Mr. SCHIFF, Mr. STUMP, Mr. SAM JOHNSON of Texas, Mr. HAN-
SEN, Mr. OXLEY, Mr. SULLIVAN, Mr. GORDON, Mr. KENNEDY of Min-
nesota, Mr. PHELPS, Mr. VITTER, Mr. COBLE, Mr. STENHOLM, Mr.
RILEY, Mr. GEKAS, Mr. RYUN of Kansas, Mr. PICKERING, Mr. FROST,
Mr. CUNNINGHAM, Ms. CARSON of Indiana, Mr. SHUSTER, Mr. BROWN
of South Carolina, Mr. SESSIONS, Mr. ISTOOK, Mr. BARTLETT of Mary-
land, Mr. MATHESON, Ms. LOFGREN, Mr. BARR of Georgia, Mr. WICKER,
Mr. STUPAK, Mr. WILSON of South Carolina, Mr. MOORE, Mr. DEAL of
Georgia, Mr. JONES of North Carolina, Mr. SOUDER, and Mr. VISCLOSKY
JUNE 24, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 30, 2002]
A BILL
To prevent trafficking in child pornography and obscenity,
to proscribe pandering and solicitation relating to visual
depictions of minors engaging in sexually explicit con-
duct, to prevent the use of child pornography and obscen-
ity to facilitate crimes against children, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Child Obscenity and
Pornography Prevention Act of 2002’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Obscenity and child pornography are not en-
titled 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 in-
terest 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 objec-
tive 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 por-
nography at all levels in the distribution chain.
Osborne v. Ohio, 495 U.S. 103, 110 (1990).
(3) The Government thus has a compelling inter-
est 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 mar-
ket for this material by imposing severe criminal pen-
alties 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) create de-
pictions of virtual children that are indistinguishable
from depictions of real children; (B) create depictions
of virtual children using compositions of real children
to create an unidentifiable child; or (C) disguise pic-
tures of real children being abused by making the
image look computer generated.
(5) Evidence submitted to the Congress, includ-
ing from the National Center for Missing and Ex-
ploited Children, demonstrates that technology al-
ready exists to disguise depictions of real children to
make them unidentifiable and to make depictions of
real children appear computer generated. The tech-
nology will soon exist, if it does not already, to make
depictions of virtual children look real.
(6) The vast majority of child pornography pros-
ecutions today involve images contained on computer
hard drives, computer disks, and/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 im-
ages 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 will likely in-
crease after the Ashcroft v. Free Speech Coalition de-
cision.
(8) Child pornography circulating on the Inter-
net has, by definition, been digitally uploaded or
scanned into computers and has been transferred over
the Internet, often in different file formats, from traf-
ficker 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 delineation
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 evi-
dent. 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 iden-
tify the origin of the image. This is a fraction of mer-
itorious 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 de-
clined potentially meritorious prosecutions.
(10) In the absence of congressional action, this
problem will continue to grow increasingly worse. The
mere prospect that the technology exists to create com-
puter or computer-generated depictions that are indis-
tinguishable from depictions of real children will
allow defendants who possess images of real children
to escape prosecution, for it threatens to create a rea-
sonable doubt in every case of computer images even
when a real child was abused. This threatens to
render child pornography laws that protect real chil-
dren unenforceable.
(11) To avoid this grave threat to the Govern-
ment’s unquestioned compelling interest in effective
enforcement of the child pornography laws that pro-
tect real children, a statute must be adopted that pro-
hibits a narrowly-defined subcategory of images.
(12) The Supreme Court’s 1982 Ferber v. New
York decision holding that child pornography was not
protected drove child pornography off the shelves of
adult bookstores. Congressional action is necessary to
ensure that open and notorious trafficking in such
materials does not reappear.
SEC. 3. IMPROVEMENTS TO PROHIBITION ON VIRTUAL
CHILD PORNOGRAPHY.
(a) Section 2256(8)(B) of title 18, United States Code,
is amended to read as follows:
‘‘(B) such visual depiction is a computer
image or computer-generated image that is, or is
indistinguishable (as defined in section 1466A)
from, that of a minor engaging in sexually ex-
plicit conduct; or’’.
(b) Section 2256(2) of title 18, United States Code, is
amended to read as follows:
‘‘(2)(A) Except as provided in subparagraph
(B), ‘sexually explicit conduct’ means actual or
simulated—
‘‘(i) sexual intercourse, including genital-
genital, oral-genital, anal-genital, or oral-anal,
whether between persons of the same or opposite
sex;
‘‘(ii) bestiality;
‘‘(iii) masturbation;
‘‘(iv) sadistic or masochistic abuse; or
‘‘(v) lascivious exhibition of the genitals or
pubic area of any person;
‘‘(B) For purposes of subsection 8(B) of this sec-
tion, ‘sexually explicit conduct’ means—
‘‘(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 or simulated lascivious exhi-
bition of the genitals or pubic area of any per-
son;’’.
(c) Section 2252A(c) of title 18, United States Code,
is amended to read as follows:
‘‘(c)(1) Except as provided in paragraph (2), it shall
be an affirmative defense to a charge of violating this sec-
tion that the alleged offense did not involve the use of a
minor or an attempt or conspiracy to commit an offense
under this section involving such use.
‘‘(2) A violation of, or an attempt or conspiracy to
violate, this section which involves child pornography as de-
fined in section 2256(8)(A) or (C) shall be punishable with-
out regard to the affirmative defense set forth in paragraph
(1).’’.
SEC. 4. PROHIBITION ON PANDERING MATERIALS AS CHILD
PORNOGRAPHY.
(a) Section 2256(8) of title 18, United States Code,
is amended—
(1) in subparagraph (C), by striking ‘‘or’’ at the
end and inserting ‘‘and’’; and
(2) by striking subparagraph (D).
(b) Chapter 110 of title 18, United States Code, is
amended—
(1) by inserting after section 2252A the fol-
lowing:
‘‘§ 2252B. Pandering and solicitation
‘‘(a) Whoever, in a circumstance described in sub-
section (d), offers, agrees, attempts, or conspires to provide
or sell a visual depiction to another, and who in connection
therewith knowingly advertises, promotes, presents, or de-
scribes the visual depiction with the intent to cause any
person to believe that the material is, or contains, a visual
depiction of a minor engaging in sexually explicit conduct
shall be subject to the penalties set forth in section
2252A(b)(1), including the penalties provided for cases in-
volving a prior conviction.
‘‘(b) Whoever, in a circumstance described in sub-
section (d), offers, agrees, attempts, or conspires to receive
or purchase from another a visual depiction that he believes
to be, or to contain, a visual depiction of a minor engaging
in sexually explicit conduct shall be subject to the penalties
set forth in section 2252A(b)(1), including the penalties
provided for cases involving a prior conviction.
‘‘(c) It is not a required element of any offense under
this section that any person actually provide, sell, receive,
purchase, possess, or produce any visual depiction.
‘‘(d) The circumstance referred to in subsection (a) and
(b) is that—
‘‘(1) any communication involved in or made in
furtherance of the offense is communicated or trans-
ported by the mail, or in interstate or foreign com-
merce by any means, including by computer, or any
means or instrumentality of interstate or foreign com-
merce is otherwise used in committing or in further-
ance of the commission of the offense;
‘‘(2) any communication involved in or made in
furtherance of the offense contemplates the trans-
mission 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, in-
cluding by computer, or was produced using mate-
rials 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 mari-
time and territorial jurisdiction of the United States
or in any territory or possession of the United
States.’’;
(2) in the analysis for the chapter, by inserting
after the item relating to section 2252A the following:
‘‘2252B. Pandering and solicitation.’’.
SEC. 5. PROHIBITION OF OBSCENITY DEPICTING YOUNG
CHILDREN.
(a) Chapter 71 of title 18, United States Code, is
amended—
(1) by inserting after section 1466 the following:
‘‘§ 1466A. Obscene visual depictions of young children
‘‘(a) Whoever, in a circumstance described in sub-
section (d), knowingly produces, distributes, receives, or
possesses with intent to distribute a visual depiction that
is, or is indistinguishable from, that of a pre-pubescent
child engaging in sexually explicit conduct, or attempts or
conspires to do so, shall be subject to the penalties set forth
in section 2252A(b)(1), including the penalties provided for
cases involving a prior conviction.
‘‘(b) Whoever, in a circumstance described in sub-
section (d), knowingly possesses a visual depiction that is,
or is indistinguishable from, that of a pre-pubescent child
engaging in sexually explicit conduct, or attempts or con-
spires to do so, shall be subject to the penalties set forth
in section 2252A(b)(2), including the penalties provided for
cases involving a prior conviction.
‘‘(c) For purposes of this section—
‘‘(1) the term ‘visual depiction’ includes undevel-
oped film and videotape, and data stored on computer
disk or by electronic means which is capable of con-
version into a visual image, and also includes any
photograph, film, video, picture, or computer or com-
puter-generated image or picture, whether made or
produced by electronic, mechanical, or other means;
‘‘(2) the term ‘pre-pubescent child’ means that
(A) the child, as depicted, is one whose physical devel-
opment indicates the child is 12 years of age or
younger; or (B) the child, as depicted, does not exhibit
significant pubescent physical or sexual maturation.
Factors that may be considered in determining sig-
nificant pubescent physical maturation include body
habitus and musculature, height and weight propor-
tion, degree of hair distribution over the body, extrem-
ity proportion with respect to the torso, and
dentition. Factors that may be considered in deter-
mining significant pubescent sexual maturation in-
clude breast development, presence of axillary hair,
pubic hair distribution, and visible growth of the sex-
ual organs;
‘‘(3) the term ‘sexually explicit conduct’ has the
meaning set forth in section 2256(2); and
‘‘(4) the term ‘indistinguishable’ used with re-
spect to a depiction, means virtually indistinguish-
able, in that the depiction is such that an ordinary
person viewing the depiction would conclude that the
depiction is of an actual minor engaged in sexually
explicit conduct. This definition does not apply to de-
pictions that are drawings, cartoons, sculptures, or
paintings depicting minors or adults.
‘‘(d) The circumstance referred to in subsections (a)
and (b) is that—
‘‘(1) any communication involved in or made in
furtherance of the offense is communicated or trans-
ported by the mail, or in interstate or foreign com-
merce by any means, including by computer, or any
means or instrumentality of interstate or foreign com-
merce is otherwise used in committing or in further-
ance of the commission of the offense;
‘‘(2) any communication involved in or made in
furtherance of the offense contemplates the trans-
mission 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, in-
cluding by computer, or was produced using mate-
rials 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 mari-
time and territorial jurisdiction of the United States
or in any territory or possession of the United States.
‘‘(e) In a case under subsection (b), it is an affirmative
defense that the defendant—
‘‘(1) possessed less than three such images; and
‘‘(2) promptly and in good faith, and without re-
taining or allowing any person, other than a law en-
forcement agency, to access any image or copy
thereof—
‘‘(A) took reasonable steps to destroy each
such image; or
‘‘(B) reported the matter to a law enforce-
ment agency and afforded that agency access to
each such image.
‘‘§ 1466B. Obscene visual representations of pre-pubes-
cent sexual abuse
‘‘(a) Whoever, in a circumstance described in sub-
section (e), knowingly produces, distributes, receives, or pos-
sesses with intent to distribute a visual depiction of any
kind, including a drawing, cartoon, sculpture, or painting,
that—
‘‘(1) depicts a pre-pubescent child engaging in
sexually explicit conduct, and
‘‘(2) is obscene, or who attempts or conspires to
do so, shall be subject to the penalties set forth in sec-
tion 2252A(b)(1), including the penalties provided for
cases involving a prior conviction.
‘‘(b) Whoever, in a circumstance described in sub-
section (e), knowingly possesses a visual depiction of any
kind, including a drawing, cartoon, sculpture, or painting,
that—
‘‘(1) depicts a pre-pubescent child engaging in
sexually explicit conduct, and
‘‘(2) is obscene,
‘‘or who attempts or conspires to do so, shall be subject
to the penalties set forth in section 2252A(b)(2), including
the penalties provided for cases involving a prior convic-
tion.
‘‘(c) It is not a required element of any offense under
this section that the pre-pubescent child depicted actually
exist.
‘‘(d) For purposes of this section, the terms ‘visual de-
piction’ and ‘pre-pubescent child’ have respectively the
meanings given those terms in seciton 1466A, and the term
‘sexually explicit conduct’ has the meaning given that term
in section 2256(2)(B).
‘‘(e) The circumstance referred to in subsection (a) and
(b) is that—
‘‘(1) any communication involved in or made in
furtherance of the offense is communicated or trans-
ported by the mail, or in interstate or foreign com-
merce by any means, including by computer, or any
means or instrumentality of interstate or foreign com-
merce is otherwise used in committing or in further-
ance of the commission of the offense;
‘‘(2) any communication involved in or made in
furtherance of the offense contemplates the trans-
mission 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, in-
cluding by computer, or was produced using mate-
rials 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 mari-
time and territorial jurisdiction of the United States
or in any territory or possession of the United States.
‘‘(f) In a case under subsection (b), it is an affirmative
defense that the defendant—
‘‘(1) possessed less than three such images; and
‘‘(2) promptly and in good faith, and without re-
taining or allowing any person, other than a law en-
forcement agency, to access any image or copy
thereof—
‘‘(A) took reasonable steps to destroy each
such image; or
‘‘(B) reported the matter to a law enforce-
ment agency and afforded that agency access to
each such image.’’; and
(2) in the analysis for the chapter, by inserting
after the item relating to section 1466 the following:
‘‘1466A. Obscene visual depictions of young children.
‘‘1466B. Obscene visual representations of pre-pubescent sexual abuse.’’.
(b)(1) Except as provided in paragraph (2), the appli-
cable category of offense to be used in determining the sen-
tencing range referred to in section 3553(a)(4) of title 18,
United States Code, with respect to any person convicted
under section 1466A or 1466B of such title, shall be the
category of offenses described in section 2G2.2 of the Sen-
tencing Guidelines.
(2) The Sentencing Commission may promulgate
guidelines specifically governing offenses under section
1466A of title 18, United States Code, provided that such
guidelines shall not result in sentencing ranges that are
lower than those that would have applied under paragraph
(1).
SEC. 6. PROHIBITION ON USE OF MATERIALS TO FACILI-
TATE OFFENSES AGAINST MINORS.
Chapter 71 of title 18, United States Code, is
amended—
(1) by inserting at the end the following:
‘‘§ 1471. Use of obscene material or child pornography
to facilitate offenses against minors
‘‘(a) Whoever, in any circumstance described in sub-
section (c), knowingly—
‘‘(1) provides or shows to a person below the age
of 16 years any visual depiction that is, or is indis-
tinguishable from, that of a pre-pubescent child en-
gaging in sexually explicit conduct, any obscene mat-
ter, or any child pornography; or
‘‘(2) provides or shows any obscene matter or
child pornography, or any visual depiction that is, or
is indistinguishable from, that of a pre-pubescent
child engaging in sexually explicit conduct, or any
other material assistance to any person in connection
with any conduct, or any attempt, incitement, solici-
tation, or conspiracy to engage in any conduct, that
involves a minor and that violates chapter 109A, 110,
or 117, or that would violate chapter 109A if the con-
duct occurred in the special maritime and territorial
jurisdiction of the United States,
shall be subject to the penalties set forth in section
2252A(b)(1), including the penalties provided for cases in-
volving a prior conviction.
‘‘(b) For purposes of this section—
‘‘(1) the term ‘child pornography’ has the mean-
ing set forth in section 2256(8);
‘‘(2) the terms ‘visual depiction’, ‘pre-pubescent
child’, and ‘indistinguishable’ have the meanings re-
spectively set forth for those terms in section
1466A(c); and
‘‘(3) the term ‘sexually explicit conduct’ has the
meaning set forth in section 2256(2).
‘‘(c) The circumstance referred to in subsection (a) is
that—
‘‘(1) any communication involved in or made in
furtherance of the offense is communicated or trans-
ported by the mail, or in interstate or foreign com-
merce by any means, including by computer, or any
means or instrumentality of interstate or foreign com-
merce is otherwise used in committing or in further-
ance of the commission of the offense;
‘‘(2) any communication involved in or made in
furtherance of the offense contemplates the trans-
mission or transportation of a visual depiction or ob-
(1) by striking ‘‘subsection (d)’’ each place it ap-
pears in subsections (a), (b), and (c) and inserting
‘‘subsection (e)’’;
(2) by redesignating subsections (c) and (d), re-
spectively, as subsections (d) and (e); and
(3) by inserting after subsection (b) a new sub-
section (c) as follows:
‘‘(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 possessions and
Territories, for the purpose of producing any visual depic-
tion 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 possessions, or
territories, by any means including by computer or
mail;
‘‘(B) the person transports such visual depiction
to, or otherwise makes it available within, the United
States, its possessions, or territories, by any means
including by computer or mail.’’.
SEC. 8. STRENGTHENING ENHANCED PENALTIES FOR RE-
PEAT OFFENDERS.
Sections 2251(e) (as redesignated by section 7(2)),
2252(b), and 2252A(b) of title 18, United States Code, are
each amended by inserting ‘‘chapter 71,’’ immediately be-
fore each occurrence of ‘‘chapter 109A,’’.
SEC. 9. SERVICE PROVIDER REPORTING OF CHILD PORNOG-
RAPHY AND RELATED INFORMATION.
(a) Section 227 of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13032) is amended—
(1) in subsection (b)(1)—
(A) by inserting ‘‘2252B,’’ after ‘‘2252A,’’;
and
(B) by inserting ‘‘or a violation of section
1466A or 1466B 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 pur-
pose of enforcing such State law.’’;
(4) by redesignating paragraph (3) of subsection
(b) as paragraph (4); and
(5) by inserting after paragraph (2) of sub-
section (b) the following new paragraph:
‘‘(3) In addition to forwarding such reports to
those agencies designated in subsection (b)(2), the Na-
tional Center for Missing and Exploited Children is
authorized to forward any such report to an appro-
priate official of a state or subdivision of a state for
the purpose of enforcing state criminal law.’’.
(b) Section 2702 of title 18, United States Code is
amended—
(1) in subsection (b)—
(A) in paragraph (6)—
(i) by inserting ‘‘or’’ at the end of sub-
paragraph (A)(ii);
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph
(C) as subparagraph (B);
(B) by redesignating paragraph (6) as
paragraph (7);
(C) by striking ‘‘or’’ at the end of para-
graph (5); and
(D) by inserting after paragraph (5) the fol-
lowing new paragraph:
‘‘(6) to the National Center for Missing and Ex-
ploited Children, in connection with a report sub-
mitted thereto under section 227 of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13032); or’’; and
(2) in subsection (c)—
(A) by striking ‘‘or’’ at the end of para-
graph (4);
(B) by redesignating paragraph (5) as
paragraph (6); and
(C) by adding after paragraph (4) the fol-
lowing new paragraph:
‘‘(5) to the National Center for Missing and Ex-
ploited Children, in connection with a report sub-
mitted thereto under section 227 of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13032); or’’.
SEC. 10. SEVERABILITY.
If any provision of this Act, or the application of such
provision to any person or circumstance, is held invalid,
the remainder of this Act, and the application of such provi-
sion to other persons not similarly situated or to other cir-
cumstances, shall not be affected by such invalidation.
SEC. 11. 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’’ and inserting
‘‘the information specified in section 2703(c)(2)’’.
Union Calendar No. 316
107TH CONGRESS
2D SESSION
H. R. 4623
[Report No. 107–526]
A BILL
To prevent trafficking in child pornography and ob-
scenity, to proscribe pandering and solicitation
relating to visual depictions of minors engaging
in sexually explicit conduct, to prevent the use of
child pornography and obscenity to facilitate
crimes against children, and for other purposes.
JUNE 24, 2002
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed