I 
109TH CONGRESS 
1ST SESSION H. R. 3479 
To protect children from Internet pornography and support law enforcement 
and other efforts to combat Internet and pornography-related crimes 
against children. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2005 
Mr. MATHESON (for himself, Mr. MENENDEZ, Mr. MCINTYRE, and Mr. DAVIS 
of Tennessee) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees 
on Ways and Means, the Judiciary, Education and the Workforce, and 
Financial Services, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To protect children from Internet pornography and support 
law enforcement and other efforts to combat Internet 
and pornography-related crimes against children. 
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 Safety and 
Child Protection Act of 2005’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is to—
(1) set tighter age verification standards to 
block minors from entering Internet pornography 
sites; and 
(2) provide funding and support to law enforce-
ment efforts to combat Internet and pornography-re-
lated crimes against children. 
TITLE I—CHILD PROTECTION 
EFFORTS 
SEC. 101. AGE VERIFICATION REQUIREMENT. 
(a) IN GENERAL.—An operator of a regulated porno-
graphic Web site shall verify that any user attempting to 
access their site is 18 years of age or older using software 
certified for that purpose by the Commission. 
(b) REQUIREMENT.—The age verification required by 
this section shall take place prior to the display of any 
pornographic material, including free content that may be 
available prior to the purchase of a subscription or prod-
uct. 
SEC. 102. CREDIT CARD REQUIREMENT. 
A bank, credit card company, third-party merchant, 
Internet payment service provider, or business that per-
forms financial transactions for a regulated pornographic 
Web site shall only process age-verified Internet pornog-
raphy credit card transactions for sales carried out in ac-
cordance with this title.
SEC. 103. COMMISSION REQUIREMENT. 
The Commission shall— 
(1) require each regulated pornographic Web 
site to— 
(A) use appropriate age-screening software 
to carry out this title; and 
(B) use that software correctly and con-
sistently through such means as conducting 
periodic tests trying to access the Web site 
without appropriate age verifications; and 
(2) in coordination with the Department of Jus-
tice and other Federal agencies, maintain a list of 
regulated pornographic Web sites that are not in 
compliance with section 101. 
SEC. 104. ENFORCEMENT BY THE FEDERAL TRADE COM-
MISSION. 
(a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 
A violation of section 101 shall be treated as a violation 
of section 18 of the Federal Trade Commission Act (15 
U.S.C. 57a) regarding unfair or deceptive acts or prac-
tices. 
(b) POWERS
OF COMMISSION.—The Commission 
shall issue and enforce the regulations for the enforcement 
of section 101 in the same manner, by the same means, 
and with the same jurisdiction, powers, and duties as 
though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incor-
porated into and made a part of this title. Any person 
who violates such regulations shall be subject to the pen-
alties provided in that title. 
SEC. 105. DEFINITIONS. 
In this title: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) REGULATED PORNOGRAPHIC WEB SITE.— 
The term ‘‘regulated pornographic Web site’’ means 
a person required to maintain documents verifying 
the age of persons engaged in sexually explicit con-
duct pursuant to section 2257(a) of title 18, United 
States Code. 
TITLE II—FUNDING FOR CHILD 
PROTECTION 
Subtitle A—Excise Tax 
SEC. 201. EXCISE TAX ON INTERNET DISPLAY OR DISTRIBU-
TION OF PORNOGRAPHY. 
(a) IN GENERAL.—Chapter 33 of the Internal Rev-
enue Code of 1986 (relating to facilities and services) is 
amended by inserting after subchapter C the following new 
subchapter:
‘‘Subchapter D—Internet Display or 
Distribution of Pornography 
‘‘Sec. 4285. Internet display or distribution of pornography. 
‘‘SEC. 4285. INTERNET DISPLAY OR DISTRIBUTION OF POR-
NOGRAPHY. 
‘‘(a) IMPOSITION
OF TAX.—There is imposed on 
amounts charged by a regulated pornographic Web site 
for individuals to receive the display or distribution of por-
nography through the Internet a tax equal to 25 percent 
of the amounts so charged. 
‘‘(b) PAYMENT OF TAX.—The tax imposed by this 
section shall be paid by the operator of the regulated por-
nographic Web site receiving payment for the display or 
distribution taxed under subsection (a). 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) PORNOGRAPHY.—The term ‘pornography’ 
has the same meaning as defined in section 2256(2) 
of title 18, United States Code. 
‘‘(2) REGULATED PORNOGRAPHIC WEB SITE.— 
The term ‘regulated pornographic Web site’ has the 
same meaning as defined in section 105 of the Inter-
net Safety and Child Protection Act of 2005.’’. 
(b) CONFORMING AMENDMENT.—The table of sub-
chapters for chapter 33 of the Internal Revenue Code of
1986 is amended by adding at the end the following new 
item: 
‘‘SUBCHAPTER D—INTERNET DISPLAY OR DISTRIBUTION OF PORNOGRAPHY’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on January 1, 2006. 
Subtitle B—Child Protection 
Programs 
SEC. 211. TRUST FUND. 
(a) IN GENERAL.—There is established in the Treas-
ury the Internet Safety and Child Protection Trust Fund 
(referred to in this subtitle as the ‘‘trust fund’’) into which 
shall be deposited all taxes collected under section 4285 
of the Internal Revenue Code of 1986. 
(b) AVAILABILITY OF AMOUNTS.—Amounts depos-
ited into the trust fund shall be available to carry out the 
programs provided in section 212, subject to annual ap-
propriations. 
SEC. 212. FUNDING FOR CHILD INTERNET SAFETY AND 
PROTECTION PROGRAMS. 
(a) PRIORITIES.—Amounts available in the trust 
fund shall be allocated on a priority basis as follows: 
(1) ENFORCEMENT
OF
THIS
ACT.—The first 
priority for the use of amounts in the trust fund 
shall be to provide funding for the appropriate Fed-
eral agencies to carry out the enforcement of sec-
tions 103, 104, and 201 of this Act. Funding may
also be used to promote the development of tech-
nology that would facilitate the enforcement of this 
Act. 
(2) DEPARTMENT
OF
JUSTICE
CYBER
TIP- 
LINE.—The second priority for the use of amounts 
in the trust fund shall be to provide funds to the Of-
fice of Juvenile Justice and Delinquency Prevention 
to ensure that the congressionally-mandated cyber 
tip line is fully operational and staffed 24 hours a 
day. 
(3) INTERNET
CRIMES
AGAINST
CHILDREN 
TASK
FORCE.—The third priority for the use of 
amounts in the trust fund shall be to provide funds 
to States to support 1 Internet Crimes Against Chil-
dren Task Force center per 5,000,000 State resi-
dents, with each State receiving sufficient funding to 
support at least 1 center and no State receiving 
funding for more than 7 centers. 
(4) RESEARCH AND DEVELOPMENT GRANTS.— 
(A) IN GENERAL.—The fourth priority for 
the use of amounts in the trust fund is to es-
tablish a competitive grant process for compa-
nies and other organizations who work in the 
technology field to support the research and de-
velopment into new filtering technologies that
will help parents control children’s access to in-
appropriate content via wireless and other 
emerging technologies. 
(B) SET
ASIDE.—The Attorney General 
shall allocate up to 10 percent of annual trust 
fund revenues to award a minimum of 15 re-
search and development grants under this para-
graph. 
(5) EDUCATIONAL TRAINING.— 
(A) IN GENERAL.—The fifth priority for 
the use of amounts in the trust fund shall be 
to provide relevant State agencies with funds to 
support educational training contributing to 
greater child Internet safety and reductions in 
sex trafficking and sex crimes against children. 
(B) CONDITIONS.—The program author-
ized by this paragraph shall be carried out sub-
ject to the following conditions: 
(i) 
States 
shall 
receive 
funding 
amounting to $1 for every resident, with a 
minimum of $1,000,000 for each State. 
(ii) 25 percent of each State’s funding 
shall go to the State education agency to 
support State and local programs pro-
viding child Internet safety training to 
teachers. 
(iii) 30 percent of each State’s fund-
ing shall go to the State Attorneys’ Gen-
eral office to support child Internet safety 
training for law enforcement, as well as 
training that enhances the capacity of law 
enforcement to combat sex trafficking and 
sex crimes against children. 
(iv) 10 percent of each State’s fund-
ing shall be allocated to the Governor’s of-
fice to develop and implement a coordi-
nated State child internet safety strategy. 
(v) 35 percent of the State funding 
shall go to the relevant State agency to 
support Public Service Announcements 
promoting child Internet safety. 
(6) REMAINING AMOUNTS.—After fully funding 
the priorities established in paragraphs (1) through 
(5) for a fiscal year any remaining amounts shall be 
allocated as follows: 
(A) FEDERAL AGENCY SUPPORT.—50 per-
cent of remaining amounts shall be used to pro-
vide funding to support child Internet safety ac-
tivities, as well as activities combating sex traf-
ficking and sex crimes against children, on the 
part of the following Federal Agencies: 
(i) Department of Justice. 
(ii) Department of Commerce. 
(iii) Department of Defense. 
(iv) Department of Education. 
(v) Department of Health and Human 
Services. 
(vi) Department of State. 
(vii) Department of Homeland Secu-
rity. 
(viii) Department of the Treasury. 
(ix) Department of Agriculture. 
(x) United States Postal Service. 
(xi) Federal Trade Commission. 
(xii) Federal Communications Com-
mission. 
(xiii) National Aeronautics and Space 
Administration. 
(B) PRIVATE ENTITIES.— 
(i) IN GENERAL.—50 percent of re-
maining 
amounts 
shall 
be 
allocated 
through a competitive grant process to 
international and domestic nongovern-
mental organizations and not-for profits, to
support work promoting child Internet 
safety and combating sex trafficking and 
sex crimes against children. 
(ii) DETAILS.—The Attorney General 
shall— 
(I) publish guidance in the Fed-
eral Register describing the variety 
and scope of organizational work to be 
funded under this subparagraph in a 
fiscal year and soliciting grant pro-
posals under this subparagraph; and 
(II) allocate funds on the basis of 
a competitive grant process. 
(iii) FUNDING LIMIT.—For every $1 
allocated for international work under this 
subparagraph, the Attorney General shall 
allocate $2.5 dollars for domestic work. 
(b) GRANT PROGRAMS.— 
(1) IN GENERAL.—The Attorney General shall 
carry out this section. 
(2) TERMS
AND
CONDITIONS.—The Attorney 
General shall prescribe the terms and conditions for 
grant applications and awards under this section.
SEC. 213. DEFICIT REDUCTION. 
Amounts remaining in the trust fund after the pro-
grams authorized in section 212 are funded shall be re-
turned to the Treasury and applied to deficit reduction. 
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