Page:United States Statutes at Large Volume 104 Part 6.djvu/426

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104 STAT. 4816 PUBLIC LAW 101-647—NOV. 29, 1990 Krati^^d TITLE III—CHILD PROTECTION RESTORA- EnhSnent TION AND PENALTIES ENHANCEMENT Act of 1990. ACT OF 1990. SEC. 301. SHORT TITLE. 18 USC 2251 (a) SHORT TITLE.—T h is title may be cited as the "Child Protection note. Restoration and Penalties Enhancement Act of 1990". (b) EFFECTIVE DATE.— Section 2257(a)(l) of title 18, United States ... ..,. '. Code, is amended by striking "February 6, 1978" and inserting " November 1, 1990". Subtitle A—Restoration of Recordkeeping Requirement SEC. 311. RECORDKEEPING REQUIREMENTS. Section 2257 of title 18, United States Code, is amended by striking subsections (d) and (e) and inserting the following: '(d)(l) 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) of this subsection shall not preclude the use of such information or evidence in a prosecution or other action for a violation of this section or for a violation of any applicable provision of law with respect to the furnishing of false information. Regulations. "(e)(1) Any person to whom subsection (a) applies shall cause to be affixed to every copy of any matter described in paragraph (1) of subsection (a) of this section, 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) of this section 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) of this section 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 •:P regulation promulgated pursuant to that subsection; and '(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, produce 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, which—