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 fol-
lowing: 
‘‘(h) RETENTION OF CERTAIN RECORDS.—A pro-
vider of an electronic communication service or remote 
computing service shall retain for a period of at least 18 
months the temporarily assigned network addresses the 
service assigns to each account, unless that address is 
transmitted by radio communication (as defined in section 
3 of the Communications Act of 1934).’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that records retained pursuant to section 2703(h) 
of title 18, United States Code, should be stored securely 
to protect customer privacy and prevent against breaches 
of the records. 
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 or’’ after ‘‘other 
specified persons for’’. 
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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 
defined in such section 3486).’’. 
SEC. 8. PROTECTION OF CHILD WITNESSES. 
Section 1514 of title 18, United States Code, is 
amended— 
(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; 
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(B) by redesignating paragraphs (2), (3), 
and (4) as paragraphs (3), (4), and (5), respec-
tively; 
(C) by inserting after paragraph (1) the 
following: 
‘‘(2) In the case of a minor witness or victim, the 
court shall issue a protective order prohibiting harassment 
or intimidation of the minor victim or witness if the court 
finds evidence that the conduct at issue is reasonably like-
ly to adversely affect the willingness of the minor witness 
or victim to testify or otherwise participate in the Federal 
criminal case or investigation. Any hearing regarding a 
protective order under this paragraph shall be conducted 
in accordance with paragraphs (1) and (3), except that 
the court may issue an ex parte emergency protective 
order in advance of a hearing if exigent circumstances are 
present. If 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 com-
plaint or other document)’’; and 
(E) in paragraph (5), as so redesignated, 
in the second sentence, by inserting before the 
period at the end the following: ‘‘, except that 
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in the case of a minor victim or witness, the 
court may order that such protective order ex-
pires 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 se-
ries of acts over a period of time, however short, in-
dicating a continuity of purpose; 
‘‘(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; 
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‘‘(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 con-
duct that is reasonably likely to influence the will-
ingness of a victim or witness to testify or partici-
pate in a Federal criminal case or investigation; and 
‘‘(G) the term ‘specific person’ means a victim 
or witness in a Federal criminal case or investiga-
tion, 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 publica-
tion using the Internet of a photograph of, or restricted 
personal information regarding, a specific person serves 
no legitimate purpose, unless that use is authorized by 
that specific person, is for news reporting purposes, is de-
signed to locate that specific person (who has been re-
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ported to law enforcement as a missing person), or is part 
of a government-authorized effort to locate a fugitive or 
person of interest in a criminal, antiterrorism, or national 
security investigation.’’. 
SEC. 9. SENTENCING GUIDELINES. 
Pursuant to its authority under section 994 of title 
28, United States Code, and in accordance with this sec-
tion, the United States Sentencing Commission shall re-
view and amend the Federal sentencing guidelines and 
policy statements to ensure— 
(1) that the guidelines provide an additional 
penalty increase of up to 8 offense levels, if appro-
priate, above the sentence otherwise applicable in 
Part J of the Guidelines Manual if the defendant 
was convicted of a violation of section 1591 of title 
18, United States Code, or chapters 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 in-
jury to a person under 18 years of age, in order to 
obstruct the administration of justice, an additional 
penalty increase of up to 12 levels, if appropriate, 
above the sentence otherwise applicable in Part J of 
the Guidelines Manual. 
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SEC. 10. ENHANCED PENALTIES FOR POSSESSION OF 
CHILD PORNOGRAPHY. 
(a) CERTAIN ACTIVITIES RELATING TO MATERIAL 
INVOLVING 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 pre-
pubescent minor or a minor who had not attained 12 years 
of age, such person shall be fined under this title and im-
prisoned 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 in-
volved a prepubescent minor or a minor who had not at-
tained 12 years of age, such person shall be fined under 
this title and imprisoned for 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 
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(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 indi-
vidual required to register under the Sex Offender 
Registration and Notification Act (42 U.S.C. 16901 
et seq.).’’. 
(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 
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(3) in paragraph (10), by striking ‘‘paragraph 
(1)(A)(ii)’’ and inserting ‘‘paragraph (1)(A)(iii)’’. 
Æ 
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