I 
109TH CONGRESS 
2D SESSION 
H. R. 5749 
To amend title 18, United States Code, to protect youth from exploitation 
by adults using the Internet, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 10, 2006 
Mr. FOLEY (for himself and Mr. FITZPATRICK of Pennsylvania) introduced 
the following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to protect youth 
from exploitation by adults using the Internet, 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 ‘‘Internet Stopping 
Adults Facilitating the Exploitation of Today’s Youth Act 
(SAFETY) of 2006’’. 
SEC. 2. FINANCIAL FACILITATION OF ACCESS TO CHILD 
PORNOGRAPHY. 
(a) OFFENSE.—Chapter 95 of title 18, United States 
Code, is amended by adding at the end the following: 
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‘‘§ 1960A. Financial facilitation of access to child por-
nography 
‘‘Whoever knowingly conducts, or attempts or con-
spires to conduct, a financial transaction (as defined in 
section 1956(c)) in or affecting interstate or foreign com-
merce, knowing that such transaction will facilitate access 
to, or the possession of, child pornography (as defined in 
section 2256) shall be fined under this title or imprisoned 
not more than 20 years, or both.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 95 of title 18, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘1960A. Financial facilitation of access to child pornography.’’. 
SEC. 3. CHILD EXPLOITATION ENTERPRISES. 
Section 2252A of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(g) CHILD EXPLOITATION ENTERPRISES.— 
‘‘(1) Whoever engages in a child exploitation 
enterprise shall be fined under this title and impris-
oned for any term of years not less than 20 or for 
life. 
‘‘(2) A person engages in a child exploitation 
enterprise for the purposes of this section if the per-
son violates section 1466A, 1470, or 1591, section 
1201 if the victim is a minor, or chapter 110 or 117, 
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as a part of a series of felony violations constituting 
three or more separate incidents and commits those 
offenses in concert with three or more other per-
sons.’’. 
SEC. 4. INCREASED PENALTIES FOR REGISTERED SEX OF-
FENDERS. 
(a) OFFENSE.—Chapter 110 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 2260A. Increased penalties for registered sex of-
fenders 
‘‘Whoever, being required by Federal or other law to 
register as a sex offender, commits a felony offense involv-
ing a minor under section 1201, 1466A, 1470, or 1591, 
or chapter 110 or 117 shall be fined under this title and 
imprisoned 10 years, or both, in addition to the imprison-
ment imposed for the offense under that provision. The 
sentence imposed under this section shall be consecutive 
to any sentence imposed for the offense under that provi-
sion.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 110 of title 18, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘2260A. Increased penalties for registered sex offenders.’’. 
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SEC. 5. INTERNET FACILITATION OF CHILD PORNOGRAPHY 
AND EXPLOITATION OF CHILDREN. 
(a) OFFENSE.—Chapter 95 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘§ 1960B. Internet facilitation of child pornography 
and exploitation of children 
‘‘(a) OFFENSE.—Whoever, being an Internet content 
hosting provider or email service provider, knowingly en-
gages in any conduct the provider knows or has reason 
to believe facilitates access to, or the possession of, child 
pornography (as defined in section 2256) shall be fined 
under this title or imprisoned not more than 10 years, or 
both. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘Internet content hosting pro-
vider’ means a service that— 
‘‘(A) stores, through electromagnetic or 
other means, electronic data, including the con-
tent of web pages, electronic mail, documents, 
images, audio and video files, online discussion 
boards, and weblogs; and 
‘‘(B) makes such data available via the 
Internet 
‘‘(2) the term ‘email service provider’ means a 
person that— 
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‘‘(A) provides a service, using the Internet, 
for the transmission, receipt, storage, and re-
trieval, by registered users, of electronic mail 
messages; and 
‘‘(B) receives the content of, and recipient 
list for, electronic mail messages that it trans-
mits, receives, or stores for the person or entity 
procuring such services.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 95 of title 18, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘1960B. Internet facilitation of child pornography and exploitation of children.’’. 
SEC. 6. CHILD PORNOGRAPHY REPORTING. 
(a) CHILD
PORNOGRAPHY
REPORTING.—Section 
227(b)(4) of the Victims of Child Abuse Act of 1990 (42 
U.S.C. 13032(b)(4)) is amended to read as follows: 
‘‘(4) FAILURE TO REPORT.— 
‘‘(A) KNOWING FAILURE.—A provider of 
electronic communication services or remote 
computing services described in paragraph (1) 
who knowingly fails to make a report under 
that paragraph shall be fined— 
‘‘(i) in the case of an initial failure to 
make a report, not more than $150,000; 
and 
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‘‘(ii) in the case of any second or sub-
sequent failure to make a report, not more 
than $300,000. 
‘‘(B) NEGLIGENT FAILURE.—A provider of 
electronic communication services or remote 
computing services described in paragraph (1) 
who negligently fails to make a report under 
that paragraph shall be subject to a civil pen-
alty of— 
‘‘(i) in the case of an initial failure to 
make a report, not more than $50,000; 
and 
‘‘(ii) in the case of any second or sub-
sequent failure to make a report, not more 
than $100,000. 
‘‘(C) AUTHORITY.—For the purposes of 
this paragraph, the Federal Communications 
Commission— 
‘‘(i) may levy civil penalties under 
subparagraph (B); and 
‘‘(ii) shall promulgate regulations, in 
consultation with the Attorney General, 
to— 
‘‘(I) effectuate the purposes of 
subparagraph (B); and 
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‘‘(II) provide for appropriate ad-
ministrative review of any civil pen-
alties levied under that subpara-
graph.’’. 
SEC. 7. DECEPTION BY EMBEDDED WORDS OR IMAGES. 
(a) IN GENERAL.—Chapter 110 of title 18, United 
States Code, is amended by inserting after section 225B 
the following: 
‘‘§ 2252C. Misleading words or digital images on the 
Internet 
‘‘(a) IN
GENERAL.—Whoever knowingly embeds 
words or digital images into the source code of a website 
with the intent to deceive a person into viewing material 
constituting obscenity shall be fined under this title and 
imprisoned for not less than 2 years nor more than 10 
years. 
‘‘(b) MINORS.—Whoever knowingly embeds words or 
digital images into the source code of a website with the 
intent to deceive a minor into viewing material harmful 
to minors on the Internet shall be fined under this title 
and imprisoned for not less than 5 years nor more than 
20 years. 
‘‘(c) CONSTRUCTION.—For the purposes of this sec-
tion, a word or digital image that clearly indicates the sex-
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ual content of the site, such as ‘sex’ or ‘porn’, is not mis-
leading. 
‘‘(d) DEFINITIONS.—As used in this section— 
‘‘(1) the terms ‘material that is harmful to mi-
nors’ and ‘sex’ have the meaning given such terms 
in section 2252B; and 
‘‘(2) the term ‘source code’ means the combina-
tion of text and other characters comprising the con-
tent, both viewable and nonviewable, of a web page, 
including any website publishing language, program-
ming language, protocol or functional content, as 
well as any successor languages or protocols.’’. 
(b) TABLE OF SECTIONS.—The table of sections for 
chapter 110 of title 18, United States Code, is amended 
by inserting after the item relating to section 2252B the 
following: 
‘‘2252C. Misleading words or digital images on the Internet.’’. 
SEC. 8. REQUIREMENT TO PLACE WARNING MARKS ON 
COMMERCIAL WEBSITES CONTAINING SEXU-
ALLY EXPLICIT MATERIAL. 
(a) DEFINITIONS.—As used in this section— 
(1) the term ‘‘Commission’’ means the Federal 
Trade Commission; 
(2) the term ‘‘website’’ means any collection of 
material placed in a computer server-based file ar-
chive so that it is publicly accessible, over the Inter-
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net, using hypertext transfer protocol or any suc-
cessor protocol except that the term does not include 
any collection of material where access to sexually 
explicit material is restricted to a specific set of indi-
viduals through the provision of a password or 
through another access restriction mechanism; 
(3) the term ‘‘sexually explicit material’’ means 
any material that depicts sexually explicit conduct 
(as that term is defined in subsection (2)(A) of sec-
tion 2256 of title 18, United States Code), unless 
the depiction constitutes a small and insignificant 
part of the whole, the remainder of which is not pri-
marily devoted to sexual matters; 
(4) the term ‘‘Internet’’ means the combination 
of computer facilities and electromagnetic trans-
mission media, and related equipment and software, 
comprising the interconnected worldwide network of 
computer networks that employ the Transmission 
Control Protocol/Internet Protocol or any successor 
protocol to transmit information; and 
(5) the term ‘‘Internet access service’’— 
(A) means a service that enables users to 
access content, information, electronic mail, or 
other services offered over the Internet, and 
may also include access to proprietary content, 
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information, and other services as part of a 
package of services offered to consumers; and 
(B) does not include telecommunications 
services. 
(b) LABELING REQUIREMENT.—Except as provided 
in subsection (d), no person who operates a website that 
is primarily operated for commercial purposes, in or af-
fecting interstate or foreign commerce, may knowingly, 
and with knowledge of the character of the material, place 
on that website sexually explicit material, and fail— 
(1) to include on each page of the website that 
contains sexually explicit material, the marks and 
notices prescribed by the Commission under sub-
section (c); or 
(2) to ensure that the matter on the website 
that is initially viewable, absent any further actions 
by the viewer, does not include any sexually explicit 
material. 
(c) PRESCRIPTION OF MARKS AND NOTICES.—Not 
later than 90 days after the date of enactment of this Act, 
the Commission shall, in consultation with the Attorney 
General, establish by regulation clearly identifiable marks 
or notices to be included in the code, if technologically fea-
sible, or if not feasible on the pages, of websites that con-
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tain sexually explicit material in order to inform the viewer 
of that fact and to facilitate the filtering of such pages. 
(d) INAPPLICABILITY
TO CARRIERS
AND OTHER 
SERVICE PROVIDERS.—This section shall not apply to a 
person, to the extent that such person is— 
(1) a telecommunications carrier engaged in the 
provision of a telecommunications service; 
(2) a person engaged in the business of pro-
viding an Internet access service; or 
(3) similarly engaged in the transmission, stor-
age, retrieval, hosting, formatting, or translation (or 
any combination thereof) of a communication made 
by another person, without selection or alteration of 
the content of the communication, and such person’s 
deletion of a particular communication or material 
made by another person in a manner consistent with 
any applicable law or regulation shall not constitute 
selection or alteration of the content of the commu-
nication. 
(e) PENALTIES.—Whoever violates subsection (b) 
shall be fined under title 18, United States Code, impris-
oned not more than 15 years, or both. 
SEC. 9. RICO PREDICATES. 
Section 1961(1) is amended— 
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(1) by inserting ‘‘1466A (relating to obscene 
visual representation of the abuse of children),’’ 
after ‘‘sections 1461–1465 (relating to obscene mat-
ter),’’; 
(2) by inserting ‘‘1960A (relating to financial 
facilitation of access to child pornography), 1960B 
(relating to Internet facilitation of child pornography 
and exploitation of children),’’ after ‘‘section 1958 
(relating to use of interstate commerce facilities in 
the commission of murder-for-hire),’’; and 
(3) by inserting ‘‘2252A (relating to child por-
nography), 2260A (relating to increased penalties 
for registered sex offenders),’’ before ‘‘sections 
2312’’. 
SEC. 10. MONEY LAUNDERING PREDICATE. 
Section 1956(c)(7)(D) of title 18, United States 
Code, is amended— 
(1) by inserting ‘‘1466A (relating to obscene 
visual representation of the abuse of children),’’ be-
fore ‘‘section 1708’’; 
(2) ‘‘1960A (relating to financial facilitation of 
access to child pornography), 1960B (relating to 
Internet facilitation of child pornography and exploi-
tation of children),’’ before ‘‘section 2113’’; and 
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(3) by inserting ‘‘2252A (relating to child por-
nography), 2260A (relating to increased penalties 
for registered sex offenders),’’ before ‘‘section 
2280’’. 
SEC. 11. MASHA’S LAW. 
Section 2255 of title 18, United States Code, is 
amended to read as follows: 
‘‘(a) Any person aggrieved by a violation of section 
2241(c), 2242, 2251, 2251A, 2252, 2252A, 2260, 2421, 
2422, or 2423 may in a civil action obtain appropriate 
relief. 
‘‘(b) An action under this section is barred if the com-
plaint is filed more than 10 years after the right of action 
accrues.’’. 
SEC. 12. INCREASED PENALTIES FOR CERTAIN OFFENSES. 
Sections 2252(b)(1) and 2252A(b)(1) of title 18, 
United States Code, are each amended— 
(1) by striking ‘‘5 years’’ and inserting ‘‘10 
years’’; and 
(2) by striking ‘‘20 years’’ and inserting ‘‘30 
years’’. 
SEC. 13. OFFICE ON SEXUAL VIOLENCE AND CRIMES 
AGAINST CHILDREN. 
(a) ESTABLISHMENT.—There is established within 
the Department of Justice, under the general authority 
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of the Attorney General, an Office on Sexual Violence and 
Crimes against Children (hereinafter in this subtitle re-
ferred to as the ‘‘Office’’). 
(b) DIRECTOR.—The Office shall be headed by a Di-
rector who shall be appointed by the President. The Direc-
tor shall report to the Attorney General through the As-
sistant Attorney General for the Office of Justice Pro-
grams and shall have final authority for all grants, cooper-
ative agreements, and contracts awarded by the Office. 
The Director shall not engage in any employment other 
than that of serving as the Director, nor shall the Director 
hold any office in, or act in any capacity for, any organiza-
tion, agency, or institution with which the Office makes 
any contract or other arrangement. 
(c) DUTIES AND FUNCTIONS.—The Office is author-
ized to— 
(1) administer the standards for sex offender 
registration and notification programs set forth in 
this title; 
(2) administer grant programs relating to sex 
offender registration and notification authorized by 
this title and other grant programs authorized by 
this title as directed by the Attorney General; 
(3) cooperate with and provide technical assist-
ance to States, units of local government, tribal gov-
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ernments, and other public and private entities in-
volved in activities related to sex offender registra-
tion or notification or to other measures for the pro-
tection of children or other members of the public 
from sexual abuse or exploitation; and 
(4) perform such other functions as the Attor-
ney General may delegate. 
SEC. 14. ADDITIONAL PROSECUTORS FOR OFFENSES RE-
LATING TO THE SEXUAL EXPLOITATION OF 
CHILDREN. 
(a) ADDITIONAL
PROSECUTORS.—In fiscal year 
2007, the Attorney General shall, subject to the avail-
ability of appropriations for such purpose, increase by not 
less than 200 the number of attorneys in the United 
States Attorneys’ offices to prosecute offenses relating to 
the sexual exploitation of children. 
(b) DEFINITION.—For purposes of this section, the 
term ‘‘offenses relating to the sexual exploitation of chil-
dren’’ shall include any offense committed in violation 
of— 
(1) section 1201(g) of title 18, United States 
Code; 
(2) chapter 71 of title 18, United States Code, 
involving an obscene visual depiction of a minor, or 
transfer of obscene materials to a minor; 
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(3) section 1591 of title 18, United States 
Code, involving a person who has not attained the 
age of 18 years; 
(4) chapter 109A of title 18, United States 
Code, involving a sexual act or sexual contact with 
a minor, or sexual abuse of a minor; 
(5) chapter 110 of title 18, United States Code; 
or 
(6) chapter 117 of title 18, United States Code, 
involving coercion or enticement of a minor, trans-
portation of a minor, or transmittal of information 
about a minor. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Department of 
Justice for fiscal year 2007 such sums as may be nec-
essary to carry out this section. 
SEC. 15. ADDITIONAL ICAC TASK FORCES. 
(a) ADDITIONAL TASK FORCES.—In fiscal year 2007, 
the Administrator of the Office of Juvenile Justice and 
Delinquency Prevention shall, subject to the availability of 
appropriations for such purpose, increase by not less than 
20 the number of Internet Crimes Against Children Task 
Forces that are part of the Internet Crimes Against Chil-
dren Task Force Program authorized and funded under 
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