SEC. 3. MONEY LAUNDERING PREDICATE. 
Section 1956(c)(7)(D) of title 18, United States Code, 
is amended— 
(1) by inserting ‘‘1466A (relating to obscene vis-
ual representation of the abuse of children),’’ before 
‘‘section 1708’’; and 
(2) by inserting ‘‘1960A (relating to financial 
facilitation of access to child pornography),’’ before 
‘‘section 2113’’. 
SEC. 4. RETENTION OF CERTAIN RECORDS BY ELECTRONIC 
COMMUNICATION SERVICE PROVIDERS. 
(a) IN GENERAL.—Section 2703 of title 18, United 
States Code, is amended by adding at the end the following: 
‘‘(h) RETENTION OF CERTAIN RECORDS.— 
‘‘(1) A commercial provider of an electronic com-
munication service shall retain for a period of at least 
one year a log of the temporarily assigned network 
addresses the provider assigns to a subscriber to or 
customer of such service that enables the identification 
of the corresponding customer or subscriber informa-
tion under subsection (c)(2) of this section. 
‘‘(2) Access to a record or information required 
to be retained under this subsection may not be com-
pelled by any person or other entity that is not a gov-
ernmental entity. 
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‘‘(3) The Attorney General shall make a study to 
determine the costs associated with compliance by 
providers with the requirement of paragraph (1). 
Such study shall include an assessment of all the 
types of costs, including for hardware, software, and 
personnel that are involved. Not later than 2 years 
after the date of the enactment of this paragraph, the 
Attorney General shall report to Congress the results 
of that study. 
‘‘(4) In this subsection— 
‘‘(A) the term ‘commercial provider’ means 
a provider of electronic communication service 
that offers Internet access capability for a fee to 
the public or to such classes of users as to be ef-
fectively available to the public, regardless of the 
facilities used; and 
‘‘(B) the term ‘Internet’ has the same mean-
ing given that term in section 230(f) of the Com-
munications Act of 1934.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress— 
(1) to encourage electronic communication serv-
ice providers to give prompt notice to their customers 
in the event of a breach of the data retained pursuant 
to section 2703(h) of title 18 of the United States 
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Code, in order that those effected can take the nec-
essary steps to protect themselves from potential mis-
use of private information; and 
(2) that records retained pursuant to section 
2703(h) of title 18, United States Code, should be 
stored securely to protect customer privacy and pre-
vent against breaches of the records. 
(c) TRANSITION RULE.—The amendment made by this 
section shall not apply until 180 days after the date of the 
enactment of this Act to a provider of an electronic commu-
nications service that does not, on that date of enactment, 
have in effect a system of retention of records that complies 
with the requirements of that amendment. 
(d) STUDY.— 
(1) The Attorney General, not later than 2 years 
after the date of the enactment of this Act, shall com-
plete a study of providers affected by section 2703(h) 
of title 18, United States Code. 
(2) Such study shall include— 
(A) the privacy standards and consider-
ations implemented by those providers as they 
comply with the requirements of section 2703(h); 
and 
(B) the frequency of any reported breaches 
of data retained pursuant to section 2703(h). 
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(3) The Attorney General shall, upon the comple-
tion of the study, report the results of the study to 
Congress. 
SEC. 5. NO CAUSE OF ACTION AGAINST A PROVIDER DIS-
CLOSING INFORMATION UNDER THIS CHAP-
TER. 
Section 2703(e) of title 18, United States Code, is 
amended by inserting ‘‘retaining records,’’ after ‘‘other spec-
ified persons for’’. 
SEC. 6. GOOD FAITH RELIANCE ON REQUIREMENT. 
Section 2707(e)(1) of title 18, United States Code, is 
amended by inserting ‘‘, or the requirement to retain 
records under section 2703(h),’’ after ‘‘section 2703(f)’’. 
SEC. 7. SUBPOENA AUTHORITY. 
Section 566(e)(1) of title 28, United States Code, is 
amended— 
(1) in subparagraph (A), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) issue administrative subpoenas in accord-
ance with section 3486 of title 18, solely for the pur-
pose of investigating unregistered sex offenders (as de-
fined in such section 3486).’’. 
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SEC. 8. PROTECTION OF CHILD WITNESSES. 
Section 1514 of title 18, United States Code, is amend-
ed— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘or its own motion,’’ 
after ‘‘attorney for the Government,’’; and 
(ii) by inserting ‘‘or investigation’’ 
after ‘‘Federal criminal case’’ each place it 
appears; 
(B) by redesignating paragraphs (2), (3), 
and (4) as paragraphs (3), (4), and (5), respec-
tively; 
(C) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) In the case of a minor witness or victim, the court 
shall issue a protective order prohibiting harassment or in-
timidation of the minor victim or witness if the court finds 
evidence that the conduct at issue is reasonably likely to 
adversely affect the willingness of the minor witness or vic-
tim to testify or otherwise participate in the Federal crimi-
nal case or investigation. Any hearing regarding a protec-
tive order under this paragraph shall be conducted in ac-
cordance with paragraphs (1) and (3), except that the court 
may issue an ex parte emergency protective order in ad-
vance of a hearing if exigent circumstances are present. If 
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such an ex parte order is applied for or issued, the court 
shall hold a hearing not later than 14 days after the date 
such order was applied for or is issued.’’; 
(D) in paragraph (4), as so redesignated, by 
striking ‘‘(and not by reference to the complaint 
or other document)’’; and 
(E) in paragraph (5), as so redesignated, in 
the second sentence, by inserting before the pe-
riod at the end the following: ‘‘, except that in 
the case of a minor victim or witness, the court 
may order that such protective order expires on 
the later of 3 years after the date of issuance or 
the date of the eighteenth birthday of that minor 
victim or witness’’; and 
(2) by striking subsection (c) and inserting the 
following: 
‘‘(c) Whoever knowingly and intentionally violates or 
attempts to violate an order issued under this section shall 
be fined under this title, imprisoned not more than 5 years, 
or both. 
‘‘(d)(1) As used in this section— 
‘‘(A) the term ‘course of conduct’ means a series 
of acts over a period of time, however short, indi-
cating a continuity of purpose; 
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‘‘(B) the term ‘harassment’ means a serious act 
or course of conduct directed at a specific person 
that— 
‘‘(i) causes substantial emotional distress in 
such person; and 
‘‘(ii) serves no legitimate purpose; 
‘‘(C) the term ‘immediate family member’ has 
the meaning given that term in section 115 and in-
cludes grandchildren; 
‘‘(D) the term ‘intimidation’ means a serious act 
or course of conduct directed at a specific person 
that— 
‘‘(i) causes fear or apprehension in such 
person; and 
‘‘(ii) serves no legitimate purpose; 
‘‘(E) the term ‘restricted personal information’ 
has the meaning give that term in section 119; 
‘‘(F) the term ‘serious act’ means a single act of 
threatening, retaliatory, harassing, or violent conduct 
that is reasonably likely to influence the willingness 
of a victim or witness to testify or participate in a 
Federal criminal case or investigation; and 
‘‘(G) the term ‘specific person’ means a victim or 
witness in a Federal criminal case or investigation, 
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and includes an immediate family member of such a 
victim or witness. 
‘‘(2) For purposes of subparagraphs (B)(ii) and 
(D)(ii) of paragraph (1), a court shall presume, subject to 
rebuttal by the person, that the distribution or publication 
using the Internet of a photograph of, or restricted personal 
information regarding, a specific person serves no legiti-
mate purpose, unless that use is authorized by that specific 
person, is for news reporting purposes, is designed to locate 
that specific person (who has been reported to law enforce-
ment as a missing person), or is part of a government-au-
thorized effort to locate a fugitive or person of interest in 
a criminal, antiterrorism, or national security investiga-
tion.’’. 
SEC. 9. SENTENCING GUIDELINES. 
Pursuant to its authority under section 994 of title 
28, United States Code, and in accordance with this section, 
the United States Sentencing Commission shall review and, 
if appropriate, amend the Federal sentencing guidelines 
and policy statements to ensure— 
(1) that the guidelines provide an additional 
penalty increase above the sentence otherwise applica-
ble in Part J of Chapter 2 of the Guidelines Manual 
if the defendant was convicted of a violation of section 
1591 of title 18, United States Code, or chapters 
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109A, 109B, 110, or 117 of title 18, United States 
Code; and 
(2) if the offense described in paragraph (1) in-
volved causing or threatening to cause physical injury 
to a person under 18 years of age, in order to obstruct 
the administration of justice, an additional penalty 
increase above the sentence otherwise applicable in 
Part J of Chapter 2 of the Guidelines Manual. 
SEC. 10. ENHANCED PENALTIES FOR POSSESSION OF 
CHILD PORNOGRAPHY. 
(a) CERTAIN ACTIVITIES RELATING TO MATERIAL IN-
VOLVING THE SEXUAL EXPLOITATION OF MINORS.—Section 
2252(b)(2) of title 18, United States Code, is amended by 
inserting after ‘‘but if’’ the following: ‘‘any visual depiction 
involved in the offense involved a prepubescent minor or 
a minor who had not attained 12 years of age, such person 
shall be fined under this title and imprisoned for not more 
than 20 years, or if’’. 
(b) CERTAIN ACTIVITIES RELATING
TO MATERIAL 
CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.— 
Section 2252A(b)(2) of title 18, United States Code, is 
amended by inserting after ‘‘but, if’’ the following: ‘‘any 
image of child pornography involved in the offense involved 
a prepubescent minor or a minor who had not attained 12 
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years of age, such person shall be fined under this title and 
imprisoned for not more than 20 years, or if’’. 
SEC. 11. ADMINISTRATIVE SUBPOENAS. 
(a) IN GENERAL.—Section 3486(a)(1) of title 18, 
United States Code, is amended— 
(1) in subparagraph (A)— 
(A) in clause (i), by striking ‘‘or’’ at the 
end; 
(B) by redesignating clause (ii) as clause 
(iii); and 
(C) by inserting after clause (i) the fol-
lowing: 
‘‘(ii) an unregistered sex offender conducted by 
the United States Marshals Service, the Director of 
the United States Marshals Service; or’’; and 
(2) in subparagraph (D)— 
(A) by striking ‘‘paragraph, the term’’ and 
inserting the following: ‘‘paragraph— 
‘‘(i) the term’’; 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(ii) the term ‘sex offender’ means an individual 
required to register under the Sex Offender Registra-
tion and Notification Act (42 U.S.C. 16901 et seq.).’’. 
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(b) TECHNICAL
AND CONFORMING AMENDMENTS.— 
Section 3486(a) of title 18, United States Code, is amend-
ed— 
(1) in paragraph (6)(A), by striking ‘‘United 
State’’ and inserting ‘‘United States’’; 
(2) in paragraph (9), by striking ‘‘(1)(A)(ii)’’ 
and inserting ‘‘(1)(A)(iii)’’; and 
(3) in paragraph (10), by striking ‘‘paragraph 
(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 re-
spect to child pornography and child exploitation 
offenses. 
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 
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