text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Protecting Children from Sexual 
  Exploitation Act of 2005''.
  
  SEC. 2. RECORD KEEPING OF DIGITAL IMAGES.
  
      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,''; and
              (2) in subsection (f)(4), by inserting after ``video'' the 
          following: ``digital image, digitally- or computer-manipulated 
          image of an actual human being, picture,''.
  
  SEC. 3. OTHER RECORD KEEPING REQUIREMENTS.
  
      Section 2257 of title 18, United States Code, is amended--
              (1) in subsection (f), by--
                      (A) in paragraph (3), by striking ``and'' after the 
                  semicolon;
                      (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
              (2) 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 computer-manipulated 
                          image of an actual human being;
                              ``(ii) digitizing an image, of a visual 
                          depiction of sexually explicit conduct; or, 
                          assembling, manufacturing, 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 identified in subparagraph (A), that 
                          does not involve the hiring, contracting for, 
                          managing, or otherwise arranging for the 
                          participation of the depicted performers;
                              ``(iv) the provision of web-hosting 
                          services when the provider does not, and 
                          reasonably cannot, manage the sexually explicit 
                          content of the computer site or service; or
                              ``(v) the provision of an electronic 
                          communication service or remote computing 
                          service when the provider does not, and 
                          reasonably cannot, manage the sexually explicit 
                          content of the computer site or service; and
              ``(3) the term `performer' includes any person portrayed in 
          a visual depiction engaging in, or assisting another person to 
          engage in, actual sexually explicit conduct.''.
  
  SEC. 4. 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, or other matter that--
              ``(1) contains one or more visual depictions of simulated 
          sexually 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 pertaining 
  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 simulated 
  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 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.
      ``(2) If the person to whom subsection (a) applies is an 
  organization 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 
          knowingly 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 
          knowingly 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 one or more visual depictions made 
                  after the date of enactment of this subsection of 
                  simulated sexually 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 commerce;
          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; 
          and
              ``(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 `simulated sexually 
  explicit conduct', `produces', and `performer' have the same meaning as 
  in section 2257(h) of this title.
      ``(h)(1) Whoever violates this section shall be imprisoned for not 
  more than 1 year, and fined in accordance with the provisions of this 
  title, or both.
      ``(2) Whoever violates this section in an effort to conceal a 
  substantive offense involving the causing, transporting, permitting or 
  offering or seeking by notice or advertisement, a minor to engage in 
  sexually explicit conduct for the purpose of producing a visual 
  depiction of such conduct in violation of this title, or to conceal a 
  substantive offense that involved trafficking in material involving the 
  sexual exploitation of a minor, including receiving, transporting, 
  advertising, or possessing material involving the sexual exploitation 
  of a minor with intent to traffic, in violation of this title, shall be 
  imprisoned for not more than 5 years and fined in accordance with the 
  provisions of this title, or both.
      ``(3) Whoever violates paragraph (2) after having been previously 
  convicted of a violation punishable under that paragraph shall be 
  imprisoned for any period of years not more than 10 years but not less 
  than 2 years, and fined in accordance with the provisions of this 
  title, or both.''.
      (b) Chapter Analysis.--The chapter analysis for chapter 110 of 
  title 18, United States Code, is amended by inserting after the item 
  for section 2257 the following:
  
          ``2257A. Record keeping requirements for simulated sexual 
                              conduct.''.
target: Protecting Children from Sexual Exploitation Act of 2005 - Amends federal criminal code provisions regarding child sexual exploitation to apply recordkeeping requirements applicable to visual depictions of sexually explicit conduct to pictures, digital images, and digitally- or computer-manipulated images of actual human beings. Prohibits any person to whom these provisions apply from refusing to permit the Attorney General to conduct an inspection of records at that person's business premises at a reasonable time. Establishes recordkeeping requirements for simulated sexual conduct.
feat_title: A bill to enhance protection of children from sexual exploitation by strengthening section 2257 of title 18, United States Code, requiring producers of sexually explicit material to keep and permit inspection of records regarding the age of performers, and for other purposes.