IB 
Union Calendar No. 459 
112TH CONGRESS 
2D SESSION 
H. R. 6063 
[Report No. 112–638] 
To amend title 18, United States Code, with respect to child pornography 
and child exploitation offenses. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 29, 2012 
Mr. SMITH of Texas (for himself, Ms. WASSERMAN SCHULTZ, Mr. COBLE, Mr. 
BERMAN, Mr. GALLEGLY, Ms. JACKSON LEE of Texas, Mr. DANIEL E. 
LUNGREN of California, Mr. COHEN, Mr. CHABOT, Mr. PIERLUISI, Mr. 
CHAFFETZ, Mr. MARINO, Mr. GOWDY, Mrs. ADAMS, Ms. BUERKLE, Ms. 
NORTON, Mr. GRIMM, Mr. RANGEL, Mr. MEEHAN, Mr. MARKEY, Mr. 
TOWNS, Ms. SLAUGHTER, Mr. MORAN, Mrs. MALONEY, Mr. BOSWELL, 
Mr. MCGOVERN, Mr. SHERMAN, Mr. CLAY, Mr. HONDA, Ms. RICHARD-
SON, Ms. BASS of California, and Mr. FORBES) introduced the following 
bill; which was referred to the Committee on the Judiciary 
JULY 31, 2012 
Additional sponsors: Mr. AMODEI, Mr. QUIGLEY, Mr. CARSON of Indiana, Mr. 
AUSTRIA, Mr. CARNAHAN, Mr. SHULER, Mr. SCHIFF, Mr. THOMPSON of 
Pennsylvania, and Mr. ISRAEL 
JULY 31, 2012 
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 June 29, 2012] 
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A BILL 
To amend title 18, United States Code, with respect to 
child pornography and child exploitation offenses. 
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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 Protection Act 
of 2012’’. 
SEC. 2. 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 
years of age, such person shall be fined under this title and 
imprisoned for not more than 20 years, or if’’. 
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SEC. 3. PROTECTION OF CHILD WITNESSES. 
(a) CIVIL ACTION TO RESTRAIN HARASSMENT OF A 
VICTIM OR WITNESS.—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; 
(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-
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vance 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 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.’’. 
(b) SENTENCING GUIDELINES.—Pursuant to its au-
thority under section 994 of title 28, United States Code, 
and in accordance with this section, the United States Sen-
tencing Commission shall review and, if appropriate, 
amend the Federal sentencing guidelines and policy state-
ments 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. 4. SUBPOENAS TO FACILITATE THE ARREST OF FUGI-
TIVE SEX OFFENDERS. 
(a) ADMINISTRATIVE SUBPOENAS.— 
(1) IN GENERAL.—Section 3486(a)(1) of title 18, 
United States Code, is amended— 
(A) in subparagraph (A)— 
(i) in clause (i), by striking ‘‘or’’ at 
the end; 
(ii) by redesignating clause (ii) as 
clause (iii); and 
(iii) by inserting after clause (i) the 
following: 
‘‘(ii) an unregistered sex offender conducted by 
the United States Marshals Service, the Director of 
the United States Marshals Service; or’’; and 
(B) in subparagraph (D)— 
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(i) by striking ‘‘paragraph, the term’’ 
and inserting the following: ‘‘paragraph— 
‘‘(i) the term’’; 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(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.).’’. 
(2) 
TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Section 3486(a) of title 18, United States 
Code, is amended— 
(A) in paragraph (6)(A), by striking 
‘‘United State’’ and inserting ‘‘United States’’; 
(B) 
in 
paragraph 
(9), 
by 
striking 
‘‘(1)(A)(ii)’’ and inserting ‘‘(1)(A)(iii)’’; and 
(C) in paragraph (10), by striking ‘‘para-
graph (1)(A)(ii)’’ and inserting ‘‘paragraph 
(1)(A)(iii)’’. 
(b) SUBPOENA AUTHORITY FOR THE UNITED STATES 
MARSHALS SERVICE.—Section 566(e)(1) of title 28, United 
States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘and’’ at 
the end; 
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(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).’’. 
SEC. 5. INCREASE IN FUNDING LIMITATION FOR TRAINING 
COURSES FOR ICAC TASK FORCES. 
Section 102(b)(4)(B) of the PROTECT Our Children 
Act of 2008 (42 U.S.C. 17612(b)(4)(B)) is amended by 
striking ‘‘$2,000,000’’ and inserting ‘‘$4,000,000’’. 
SEC. 6. NATIONAL COORDINATOR FOR CHILD EXPLOI-
TATION PREVENTION AND INTERDICTION . 
Section 101(d)(1) of the PROTECT Our Children Act 
of 2008 (42 U.S.C. 17611(d)(1)) is amended— 
(1) by striking ‘‘to be responsible’’ and inserting 
the following: ‘‘with experience in investigating or 
prosecuting child exploitation cases as the National 
Coordinator for Child Exploitation Prevention and 
Interdiction who shall be responsible’’; and 
(2) by adding at the end the following: ‘‘The Na-
tional Coordinator for Child Exploitation Prevention 
and Interdiction shall be a position in the Senior Ex-
ecutive Service.’’ 
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SEC. 7. REAUTHORIZATION OF ICAC TASK FORCES. 
Section 107(a) of the PROTECT Our Children Act of 
2008 (42 U.S.C. 17617(a)) is amended— 
(1) in paragraph (4), by striking ‘‘and’’; 
(2) in paragraph (5), by striking the period at 
the end and inserting a semicolon; and 
(3) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) $60,000,000 for fiscal year 2014; 
‘‘(7) $60,000,000 for fiscal year 2015; 
‘‘(8) $60,000,000 for fiscal year 2016; 
‘‘(9) $60,000,000 for fiscal year 2017; and 
‘‘(10) $60,000,000 for fiscal year 2018.’’. 
SEC. 8. CLARIFICATION OF ‘‘HIGH-PRIORITY SUSPECT’’. 
Section 105(e)(1)(B)(i) of the PROTECT Our Chil-
dren Act of 2008 (42 U.S.C. 17615(e)(1)(B)(i)) is amended 
by striking ‘‘the volume’’ and all that follows through ‘‘or 
other’’. 
SEC. 9. REPORT TO CONGRESS. 
Not later than 90 days after the date of enactment of 
this Act, the Attorney General shall submit to the Com-
mittee on the Judiciary of the House of Representatives and 
the Committee on the Judiciary of the Senate a report on 
the status of the Attorney General’s establishment of the Na-
tional Internet Crimes Against Children Data System re-
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quired to be established under section 105 of the PROTECT 
Our Children Act of 2008 (42 U.S.C. 17615). 
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Union Calendar No. 459 
112TH CONGRESS 
2D SESSION 
H. R. 6063 
[Report No. 112–638] 
A BILL 
To amend title 18, United States Code, with re-
spect to child pornography and child exploitation 
offenses. 
JULY 31, 2012 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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