H. R. 4472—38
receive, advertise, or possess. These persons are there-
fore likely to enter the interstate market in child 
pornography in search of additional child pornography, 
thereby stimulating demand in the interstate market 
in child pornography. 
(ii) When the persons described in subparagraph 
(D)(i) enter the interstate market in search of addi-
tional child pornography, they are likely to distribute 
the child pornography they already produce, transport, 
distribute, receive, advertise, or possess to persons who 
will distribute additional child pornography to them, 
thereby stimulating supply in the interstate market 
in child pornography. 
(iii) Much of the child pornography that supplies 
the interstate market in child pornography is produced 
entirely within the boundaries of one state, is not 
traceable, and enters the interstate market surrep-
titiously. This child pornography supports demand in 
the interstate market in child pornography and is 
essential to its existence. 
(E) Prohibiting the intrastate production, transpor-
tation, distribution, receipt, advertising, and possession of 
child pornography, as well as the intrastate transfer of 
custody of children for the production of child pornography, 
will cause some persons engaged in such intrastate activi-
ties to cease all such activities, thereby reducing both 
supply and demand in the interstate market for child 
pornography. 
(F) Federal control of the intrastate incidents of the 
production, transportation, distribution, receipt, adver-
tising, and possession of child pornography, as well as 
the intrastate transfer of children for the production of 
child pornography, is essential to the effective control of 
the interstate market in child pornography. 
(2) The importance of protecting children from repeat 
exploitation in child pornography: 
(A) The vast majority of child pornography prosecutions 
today involve images contained on computer hard drives, 
computer disks, and related media. 
(B) Child pornography is not entitled to protection 
under the First Amendment and thus may be prohibited. 
(C) The government has a compelling State interest 
in protecting children from those who sexually exploit them, 
and this interest extends to stamping out the vice of child 
pornography at all levels in the distribution chain. 
(D) Every instance of viewing images of child pornog-
raphy represents a renewed violation of the privacy of 
the victims and a repetition of their abuse. 
(E) Child pornography constitutes prima facie contra-
band, and as such should not be distributed to, or copied 
by, child pornography defendants or their attorneys. 
(F) It is imperative to prohibit the reproduction of 
child pornography in criminal cases so as to avoid repeated 
violation and abuse of victims, so long as the government 
makes reasonable accommodations for the inspection, 
viewing, and examination of such material for the purposes 
of mounting a criminal defense.
H. R. 4472—39
SEC. 502. OTHER RECORD KEEPING REQUIREMENTS. 
(a) IN GENERAL.—Section 2257 of title 18, United States Code, 
is amended—
(1) in subsection (a), by inserting after ‘‘videotape,’’ the 
following: ‘‘digital image, digitally- or computer-manipulated 
image of an actual human being, picture,’’; 
(2) in subsection (e)(1), by adding at the end the following: 
‘‘In this paragraph, the term ‘copy’ includes every page of 
a website on which matter described in subsection (a) appears.’’; 
(3) in subsection (f), by—
(A) in paragraph (3), by striking ‘‘and’’ after the semi-
colon; 
(B) in paragraph (4), by striking the period and 
inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(5) for any person to whom subsection (a) applies to refuse 
to permit the Attorney General or his or her designee to conduct 
an inspection under subsection (c).’’; and 
(4) by striking subsection (h) and inserting the following: 
‘‘(h) In this section—
‘‘(1) the term ‘actual sexually explicit conduct’ means actual 
but not simulated conduct as defined in clauses (i) through 
(v) of section 2256(2)(A) of this title; 
‘‘(2) the term ‘produces’—
‘‘(A) means—
‘‘(i) actually filming, videotaping, photographing, 
creating a picture, digital image, or digitally- or com-
puter-manipulated image of an actual human being; 
‘‘(ii) digitizing an image, of a visual depiction of 
sexually explicit conduct; or, assembling, manufac-
turing, 
publishing, 
duplicating, 
reproducing, 
or 
reissuing a book, magazine, periodical, film, videotape, 
digital image, or picture, or other matter intended 
for commercial distribution, that contains a visual 
depiction of sexually explicit conduct; or 
‘‘(iii) inserting on a computer site or service a 
digital image of, or otherwise managing the sexually 
explicit content, of a computer site or service that 
contains a visual depiction of, sexually explicit conduct; 
and 
‘‘(B) does not include activities that are limited to—
‘‘(i) photo or film processing, including digitization 
of previously existing visual depictions, as part of a 
commercial enterprise, with no other commercial 
interest in the sexually explicit material, printing, and 
video duplication; 
‘‘(ii) distribution; 
‘‘(iii) any activity, other than those activities identi-
fied in subparagraph (A), that does not involve the 
hiring, 
contracting 
for, 
managing, 
or 
otherwise 
arranging for the participation of the depicted per-
formers; 
‘‘(iv) the provision of a telecommunications service, 
or of an Internet access service or Internet information 
location tool (as those terms are defined in section 
231 of the Communications Act of 1934 (47 U.S.C. 
231)); or
H. R. 4472—40
‘‘(v) the transmission, storage, retrieval, hosting, 
formatting, or translation (or any combination thereof) 
of a communication, without selection or alteration 
of the content of the communication, except that dele-
tion of a particular communication or material made 
by another person in a manner consistent with section 
230(c) of the Communications Act of 1934 (47 U.S.C. 
230(c)) shall not constitute such selection or alteration 
of the content of the communication; and 
‘‘(3) the term ‘performer’ includes any person portrayed 
in a visual depiction engaging in, or assisting another person 
to engage in, sexually explicit conduct.’’. 
(b) CONSTRUCTION.—The provisions of section 2257 shall not 
apply to any depiction of actual sexually explicit conduct as 
described in clause (v) of section 2256(2)(A) of title 18, United 
States Code, produced in whole or in part, prior to the effective 
date of this section unless that depiction also includes actual sexu-
ally explicit conduct as described in clauses (i) through (iv) of 
section 2256(2)(A) of title 18, United States Code. 
SEC. 503. RECORD KEEPING REQUIREMENTS FOR SIMULATED SEXUAL 
CONDUCT. 
(a) IN GENERAL.—Chapter 110 of title 18, United States Code, 
is amended by inserting after section 2257 the following: 
‘‘SEC. 2257A. RECORD KEEPING REQUIREMENTS FOR SIMULATED 
SEXUAL CONDUCT. 
‘‘(a) Whoever produces any book, magazine, periodical, film, 
videotape, digital image, digitally- or computer-manipulated image 
of an actual human being, picture, or other matter that—
‘‘(1) contains 1 or more visual depictions of simulated sexu-
ally explicit conduct; and 
‘‘(2) is produced in whole or in part with materials which 
have been mailed or shipped in interstate or foreign commerce, 
or is shipped or transported or is intended for shipment or 
transportation in interstate or foreign commerce; 
shall create and maintain individually identifiable records per-
taining to every performer portrayed in such a visual depiction. 
‘‘(b) Any person to whom subsection (a) applies shall, with 
respect to every performer portrayed in a visual depiction of simu-
lated sexually explicit conduct—
‘‘(1) ascertain, by examination of an identification document 
containing such information, the performer’s name and date 
of birth, and require the performer to provide such other indicia 
of his or her identity as may be prescribed by regulations; 
‘‘(2) ascertain any name, other than the performer’s present 
and correct name, ever used by the performer including maiden 
name, alias, nickname, stage, or professional name; and 
‘‘(3) record in the records required by subsection (a) the 
information required by paragraphs (1) and (2) and such other 
identifying information as may be prescribed by regulation. 
‘‘(c) Any person to whom subsection (a) applies shall maintain 
the records required by this section at their business premises, 
or at such other place as the Attorney General may by regulation 
prescribe and shall make such records available to the Attorney 
General for inspection at all reasonable times. 
‘‘(d)(1) No information or evidence obtained from records 
required to be created or maintained by this section shall, except
H. R. 4472—41
as provided in this section, directly or indirectly, be used as evidence 
against any person with respect to any violation of law. 
‘‘(2) Paragraph (1) shall not preclude the use of such information 
or evidence in a prosecution or other action for a violation of 
this chapter or chapter 71, or for a violation of any applicable 
provision of law with respect to the furnishing of false information. 
‘‘(e)(1) Any person to whom subsection (a) applies shall cause 
to be affixed to every copy of any matter described in subsection 
(a)(1) in such manner and in such form as the Attorney General 
shall by regulations prescribe, a statement describing where the 
records required by this section with respect to all performers 
depicted in that copy of the matter may be located. In this para-
graph, the term ‘copy’ includes every page of a website on which 
matter described in subsection (a) appears. 
‘‘(2) If the person to whom subsection (a) applies is an organiza-
tion the statement required by this subsection shall include the 
name, title, and business address of the individual employed by 
such organization responsible for maintaining the records required 
by this section. 
‘‘(f) It shall be unlawful—
‘‘(1) for any person to whom subsection (a) applies to fail 
to create or maintain the records as required by subsections 
(a) and (c) or by any regulation promulgated under this section; 
‘‘(2) for any person to whom subsection (a) applies know-
ingly to make any false entry in or knowingly to fail to make 
an appropriate entry in, any record required by subsection 
(b) or any regulation promulgated under this section; 
‘‘(3) for any person to whom subsection (a) applies know-
ingly to fail to comply with the provisions of subsection (e) 
or any regulation promulgated pursuant to that subsection; 
or 
‘‘(4) for any person knowingly to sell or otherwise transfer, 
or offer for sale or transfer, any book, magazine, periodical, 
film, video, or other matter, produced in whole or in part 
with materials which have been mailed or shipped in interstate 
or foreign commerce or which is intended for shipment in 
interstate or foreign commerce, that—
‘‘(A) contains 1 or more visual depictions made after 
the date of enactment of this subsection of simulated sexu-
ally explicit conduct; and 
‘‘(B) is produced in whole or in part with materials 
which have been mailed or shipped in interstate or foreign 
commerce, or is shipped or transported or is intended for 
shipment or transportation in interstate or foreign com-
merce; 
which does not have affixed thereto, in a manner prescribed 
as set forth in subsection (e)(1), a statement describing where 
the records required by this section may be located, but such 
person shall have no duty to determine the accuracy of the 
contents of the statement or the records required to be kept. 
‘‘(5) for any person to whom subsection (a) applies to refuse 
to permit the Attorney General or his or her designee to conduct 
an inspection under subsection (c). 
‘‘(g) As used in this section, the terms ‘produces’ and ‘performer’ 
have the same meaning as in section 2257(h) of this title. 
‘‘(h)(1) The provisions of this section and section 2257 shall 
not apply to matter, or any image therein, containing one or more