[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3494 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                          October 9 (legislative day, October 2), 1998.
      Resolved, That the bill from the House of Representatives (H.R. 
3494) entitled ``An Act to amend title 18, United States Code, with 
respect to violent sex crimes against children, and for other 
purposes.'', do pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Protection of 
Children From Sexual Predators Act of 1998''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

             TITLE I--PROTECTION OF CHILDREN FROM PREDATORS

Sec. 101. Use of interstate facilities to transmit identifying 
                            information about a minor for criminal 
                            sexual purposes.
Sec. 102. Coercion and enticement.
Sec. 103. Increased penalties for transportation of minors or assumed 
                            minors for illegal sexual activity and 
                            related crimes.
Sec. 104. Repeat offenders in transportation offense.
Sec. 105. Inclusion of offenses relating to child pornography in 
                            definition of sexual activity for which any 
                            person can be charged with a criminal 
                            offense.
Sec. 106. Transportation generally.

        TITLE II--PROTECTION OF CHILDREN FROM CHILD PORNOGRAPHY

Sec. 201. Additional jurisdictional base for prosecution of production 
                            of child pornography.
Sec. 202. Increased penalties for child pornography offenses.
Sec. 203. ``Zero tolerance'' for possession of child pornography.

                   TITLE III--SEXUAL ABUSE PREVENTION

Sec. 301. Elimination of redundancy and ambiguities.
Sec. 302. Increased penalties for abusive sexual contact.
Sec. 303. Repeat offenders in sexual abuse cases.

    TITLE IV--PROHIBITION ON TRANSFER OF OBSCENE MATERIAL TO MINORS

Sec. 401. Transfer of obscene material to minors.

  TITLE V--INCREASED PENALTIES FOR OFFENSES AGAINST CHILDREN AND FOR 
                            REPEAT OFFENDERS

Sec. 501. Death or life in prison for certain offenses whose victims 
                            are children.
Sec. 502. Sentencing enhancement for chapter 117 offenses.
Sec. 503. Increased penalties for use of a computer in the sexual abuse 
                            or exploitation of a child.
Sec. 504. Increased penalties for knowing misrepresentation in the 
                            sexual abuse or exploitation of a child.
Sec. 505. Increased penalties for pattern of activity of sexual 
                            exploitation of children.
Sec. 506. Clarification of definition of distribution of pornography.
Sec. 507. Directive to the United States Sentencing Commission.

       TITLE VI--CRIMINAL, PROCEDURAL, AND ADMINISTRATIVE REFORMS

Sec. 601. Pretrial detention of sexual predators.
Sec. 602. Criminal forfeiture for offenses against minors.
Sec. 603. Civil forfeiture for offenses against minors.
Sec. 604. Reporting of child pornography by electronic communication 
                            service providers.
Sec. 605. Civil remedy for personal injuries resulting from certain sex 
                            crimes against children.
Sec. 606. Administrative subpoenas.
Sec. 607. Grants to States to offset costs associated with sexually 
                            violent offender registration requirements.

            TITLE VII--MURDER AND KIDNAPPING INVESTIGATIONS

Sec. 701. Authority to investigate serial killings.
Sec. 702. Kidnapping.
Sec. 703. Morgan P. Hardiman Child Abduction and Serial Murder 
                            Investigative Resources Center.

     TITLE VIII--RESTRICTED ACCESS TO INTERACTIVE COMPUTER SERVICES

Sec. 801. Prisoner access.
Sec. 802. Recommended prohibition.
Sec. 803. Survey.

                           TITLE IX--STUDIES

Sec. 901. Study on limiting the availability of pornography on the 
                            Internet.
Sec. 902. Study of hotlines.

             TITLE I--PROTECTION OF CHILDREN FROM PREDATORS

SEC. 101. USE OF INTERSTATE FACILITIES TO TRANSMIT IDENTIFYING 
              INFORMATION ABOUT A MINOR FOR CRIMINAL SEXUAL PURPOSES.

    (a) In General.--Chapter 117 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2425. Use of interstate facilities to transmit information about 
              a minor
    ``Whoever, using the mail or any facility or means of interstate or 
foreign commerce, or within the special maritime and territorial 
jurisdiction of the United States, knowingly initiates the transmission 
of the name, address, telephone number, social security number, or 
electronic mail address of another individual, knowing that such other 
individual has not attained the age of 16 years, with the intent to 
entice, encourage, offer, or solicit any person to engage in any sexual 
activity for which any person can be charged with a criminal offense, 
or attempts to do so, shall be fined under this title, imprisoned not 
more than 5 years, or both.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
117 of title 18, United States Code, is amended by adding at the end 
the following:

``2425. Use of interstate facilities to transmit information about a 
                            minor.''.

SEC. 102. COERCION AND ENTICEMENT.

    Section 2422 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``or attempts to do so,'' before 
                ``shall be fined''; and
                    (B) by striking ``five'' and inserting ``10''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Whoever, using the mail or any facility or means of 
interstate or foreign commerce, or within the special maritime and 
territorial jurisdiction of the United States knowingly persuades, 
induces, entices, or coerces any individual who has not attained the 
age of 18 years, to engage in prostitution or any sexual activity for 
which any person can be charged with a criminal offense, or attempts to 
do so, shall be fined under this title, imprisoned not more than 15 
years, or both.''.

SEC. 103. INCREASED PENALTIES FOR TRANSPORTATION OF MINORS OR ASSUMED 
              MINORS FOR ILLEGAL SEXUAL ACTIVITY AND RELATED CRIMES.

    Section 2423 of title 18, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Transportation With Intent To Engage in Criminal Sexual 
Activity.--A person who knowingly transports an individual who has not 
attained the age of 18 years in interstate or foreign commerce, or in 
any commonwealth, territory or possession of the United States, with 
intent that the individual engage in prostitution, or in any sexual 
activity for which any person can be charged with a criminal offense, 
or attempts to do so, shall be fined under this title, imprisoned not 
more than 15 years, or both.''; and
            (2) in subsection (b), by striking ``10 years'' and 
        inserting ``15 years''.

SEC. 104. REPEAT OFFENDERS IN TRANSPORTATION OFFENSE.

    (a) In General.--Chapter 117 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2426. Repeat offenders
    ``(a) Maximum Term of Imprisonment.--The maximum term of 
imprisonment for a violation of this chapter after a prior sex offense 
conviction shall be twice the term of imprisonment otherwise provided 
by this chapter.
    ``(b) Definitions.--In this section--
            ``(1) the term `prior sex offense conviction' means a 
        conviction for an offense--
                    ``(A) under this chapter, chapter 109A, or chapter 
                110; or
                    ``(B) under State law for an offense consisting of 
                conduct that would have been an offense under a chapter 
                referred to in paragraph (1) if the conduct had 
                occurred within the special maritime and territorial 
                jurisdiction of the United States; and
            ``(2) the term `State' means a State of the United States, 
        the District of Columbia, and any commonwealth, territory, or 
        possession of the United States.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
117 of title 18, United States Code, is amended by adding at the end 
the following:

``2426. Repeat offenders.''.

SEC. 105. INCLUSION OF OFFENSES RELATING TO CHILD PORNOGRAPHY IN 
              DEFINITION OF SEXUAL ACTIVITY FOR WHICH ANY PERSON CAN BE 
              CHARGED WITH A CRIMINAL OFFENSE.

    (a) In General.--Chapter 117 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2427. Inclusion of offenses relating to child pornography in 
              definition of sexual activity for which any person can be 
              charged with a criminal offense
    ``In this chapter, the term `sexual activity for which any person 
can be charged with a criminal offense' includes the production of 
child pornography, as defined in section 2256(8).''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
117 of title 18, United States Code, is amended by adding at the end 
the following:

``2427. Inclusion of offenses relating to child pornography in 
                            definition of sexual activity for which any 
                            person can be charged with a criminal 
                            offense.''.

SEC. 106. TRANSPORTATION GENERALLY.

    Section 2421 of title 18, United States Code, is amended--
            (1) by inserting ``or attempts to do so,'' before ``shall 
        be fined''; and
            (2) by striking ``five years'' and inserting ``10 years''.

        TITLE II--PROTECTION OF CHILDREN FROM CHILD PORNOGRAPHY

SEC. 201. ADDITIONAL JURISDICTIONAL BASE FOR PROSECUTION OF PRODUCTION 
              OF CHILD PORNOGRAPHY.

    (a) Use of a Child.--Section 2251(a) of title 18, United States 
Code, is amended by inserting ``if that visual depiction was produced 
using materials that have been mailed, shipped, or transported in 
interstate or foreign commerce by any means, including by computer,'' 
before ``or if''.
    (b) Allowing Use of a Child.--Section 2251(b) of title 18, United 
States Code, is amended by inserting ``, if that visual depiction was 
produced using materials that have been mailed, shipped, or transported 
in interstate or foreign commerce by any means, including by 
computer,'' before ``or if''.
    (c) Increased Penalties in Section 2251(d).--Section 2251(d) of 
title 18, United States Code, is amended by striking ``or chapter 
109A'' each place it appears and inserting ``, chapter 109A, or chapter 
117''.

SEC. 202. INCREASED PENALTIES FOR CHILD PORNOGRAPHY OFFENSES.

    (a) Increased Penalties in Section 2252.--Section 2252(b) of title 
18, United States Code, is amended--
            (1) in each of paragraphs (1) and (2), by striking ``or 
        chapter 109A'' and inserting ``, chapter 109A, or chapter 
        117''; and
            (2) in paragraph (2), by striking ``the possession of child 
        pornography'' and inserting ``aggravated sexual abuse, sexual 
        abuse, or abusive sexual conduct involving a minor or ward, or 
        the production, possession, receipt, mailing, sale, 
        distribution, shipment, or transportation of child 
        pornography''.
    (b) Increased Penalties in Section 2252A.--Section 2252A(b) of 
title 18, United States Code, is amended--
            (1) in each of paragraphs (1) and (2), by striking ``or 
        chapter 109A'' and inserting ``, chapter 109A, or chapter 
        117''; and
            (2) in paragraph (2), by striking ``the possession of child 
        pornography'' and inserting ``aggravated sexual abuse, sexual 
        abuse, or abusive sexual conduct involving a minor or ward, or 
        the production, possession, receipt, mailing, sale, 
        distribution, shipment, or transportation of child 
        pornography''.

SEC. 203. ``ZERO TOLERANCE'' FOR POSSESSION OF CHILD PORNOGRAPHY.

    (a) Material Involving the Sexual Exploitation of Minors.--Section 
2252 of title 18, United States Code, is amended--
            (1) in subsection (a)(4), by striking ``3 or more'' each 
        place that term appears and inserting ``1 or more''; and
            (2) by adding at the end the following:
    ``(c) Affirmative Defense.--It shall be an affirmative defense to a 
charge of violating paragraph (4) of subsection (a) that the 
defendant--
            ``(1) possessed less than 3 matters containing any visual 
        depiction proscribed by that paragraph; and
            ``(2) promptly and in good faith, and without retaining or 
        allowing any person, other than a law enforcement agency, to 
        access any visual depiction or copy thereof--
                    ``(A) took reasonable steps to destroy each such 
                visual depiction; or
                    ``(B) reported the matter to a law enforcement 
                agency and afforded that agency access to each such 
                visual depiction.''.
    (b) Material Constituting or Containing Child Pornography.--Section 
2252A of title 18, United States Code, is amended--
            (1) in subsection (a)(5), by striking ``3 or more images'' 
        each place that term appears and inserting ``an image''; and
            (2) by adding at the end the following:
    ``(d) Affirmative Defense.--It shall be an affirmative defense to a 
charge of violating subsection (a)(5) that the defendant--
            ``(1) possessed less than 3 images of child pornography; 
        and
            ``(2) promptly and in good faith, and without retaining or 
        allowing any person, other than a law enforcement agency, to 
        access any image or copy thereof--
                    ``(A) took reasonable steps to destroy each such 
                image; or
                    ``(B) reported the matter to a law enforcement 
                agency and afforded that agency access to each such 
                image.''.

                   TITLE III--SEXUAL ABUSE PREVENTION

SEC. 301. ELIMINATION OF REDUNDANCY AND AMBIGUITIES.

    (a) Making Consistent Language on Age Differential.--Section 
2241(c) of title 18, United States Code, is amended by striking 
``younger than that person'' and inserting ``younger than the person so 
engaging''.
    (b) Redundancy.--Section 2243(a) of title 18, United States Code, 
is amended by striking ``crosses a State line with intent to engage in 
a sexual act with a person who has not attained the age of 12 years, 
or''.
    (c) State Defined.--Section 2246 of title 18, United States Code, 
is amended--
            (1) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (2) by adding at the end the following:
            ``(6) the term `State' means a State of the United States, 
        the District of Columbia, and any commonwealth, possession, or 
        territory of the United States.''.

SEC. 302. INCREASED PENALTIES FOR ABUSIVE SEXUAL CONTACT.

    Section 2244 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(c) Offenses Involving Young Children.--If the sexual contact 
that violates this section is with an individual who has not attained 
the age of 12 years, the maximum term of imprisonment that may be 
imposed for the offense shall be twice that otherwise provided in this 
section.''.

SEC. 303. REPEAT OFFENDERS IN SEXUAL ABUSE CASES.

    Section 2247 of title 18, United States Code, is amended to read as 
follows:
``Sec. 2247. Repeat offenders
    ``(a) Maximum Term of Imprisonment.--The maximum term of 
imprisonment for a violation of this chapter after a prior sex offense 
conviction shall be twice the term otherwise provided by this chapter.
    ``(b) Prior Sex Offense Conviction Defined.--In this section, the 
term `prior sex offense conviction' has the meaning given that term in 
section 2426(b).''.

    TITLE IV--PROHIBITION ON TRANSFER OF OBSCENE MATERIAL TO MINORS

SEC. 401. TRANSFER OF OBSCENE MATERIAL TO MINORS.

    (a) In General.--Chapter 71 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1470. Transfer of obscene material to minors
    ``Whoever, using the mail or any facility or means of interstate or 
foreign commerce, knowingly transfers obscene matter to another 
individual who has not attained the age of 16 years, knowing that such 
other individual has not attained the age of 16 years, or attempts to 
do so, shall be fined under this title, imprisoned not more than 10 
years, or both.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
71 of title 18, United States Code, is amended by adding at the end the 
following:

``1470. Transfer of obscene material to minors.''.

  TITLE V--INCREASED PENALTIES FOR OFFENSES AGAINST CHILDREN AND FOR 
                            REPEAT OFFENDERS

SEC. 501. DEATH OR LIFE IN PRISON FOR CERTAIN OFFENSES WHOSE VICTIMS 
              ARE CHILDREN.

    Section 3559 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(d) Death or Imprisonment for Crimes Against Children.--
            ``(1) In general.--Subject to paragraph (2) and 
        notwithstanding any other provision of law, a person who is 
        convicted of a Federal offense that is a serious violent felony 
        (as defined in subsection (c)) or a violation of section 2422, 
        2423, or 2251 shall, unless the sentence of death is imposed, 
        be sentenced to imprisonment for life, if--
                    ``(A) the victim of the offense has not attained 
                the age of 14 years;
                    ``(B) the victim dies as a result of the offense; 
                and
                    ``(C) the defendant, in the course of the offense, 
                engages in conduct described in section 3591(a)(2).
            ``(2) Exception.--With respect to a person convicted of a 
        Federal offense described in paragraph (1), the court may 
        impose any lesser sentence that is authorized by law to take 
        into account any substantial assistance provided by the 
        defendant in the investigation or prosecution of another person 
        who has committed an offense, in accordance with the Federal 
        Sentencing Guidelines and the policy statements of the Federal 
        Sentencing Commission pursuant to section 994(p) of title 28, 
        or for other good cause.''.

SEC. 502. SENTENCING ENHANCEMENT FOR CHAPTER 117 OFFENSES.

    (a) In General.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, the United States Sentencing Commission 
shall review and amend the Federal Sentencing Guidelines to provide a 
sentencing enhancement for offenses under chapter 117 of title 18, 
United States Code.
    (b) Instruction to Commission.--In carrying out subsection (a), the 
United States Sentencing Commission shall ensure that the sentences, 
guidelines, and policy statements for offenders convicted of offenses 
described in subsection (a) are appropriately severe and reasonably 
consistent with other relevant directives and with other Federal 
Sentencing Guidelines.

SEC. 503. INCREASED PENALTIES FOR USE OF A COMPUTER IN THE SEXUAL ABUSE 
              OR EXPLOITATION OF A CHILD.

    Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall--
            (1) review the Federal Sentencing Guidelines for--
                    (A) aggravated sexual abuse under section 2241 of 
                title 18, United States Code;
                    (B) sexual abuse under section 2242 of title 18, 
                United States Code;
                    (C) sexual abuse of a minor or ward under section 
                2243 of title 18, United States Code; and
                    (D) coercion and enticement of a minor under 
                section 2422(b) of title 18, United States Code, 
                contacting a minor under section 2422(c) of title 18, 
                United States Code, and transportation of minors and 
                travel under section 2423 of title 18, United States 
                Code; and
            (2) upon completion of the review under paragraph (1), 
        promulgate amendments to the Federal Sentencing Guidelines to 
        provide appropriate enhancement if the defendant used a 
        computer with the intent to persuade, induce, entice, coerce, 
        or facilitate the transport of a child of an age specified in 
        the applicable provision of law referred to in paragraph (1) to 
        engage in any prohibited sexual activity.

SEC. 504. INCREASED PENALTIES FOR KNOWING MISREPRESENTATION IN THE 
              SEXUAL ABUSE OR EXPLOITATION OF A CHILD.

    Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall--
            (1) review the Federal Sentencing Guidelines on aggravated 
        sexual abuse under section 2241 of title 18, United States 
        Code, sexual abuse under section 2242 of title 18, United 
        States Code, sexual abuse of a minor or ward under section 2243 
        of title 18, United States Code, coercion and enticement of a 
        minor under section 2422(b) of title 18, United States Code, 
        contacting a minor under section 2422(c) of title 18, United 
        States Code, and transportation of minors and travel under 
        section 2423 of title 18, United States Code; and
            (2) upon completion of the review under paragraph (1), 
        promulgate amendments to the Federal Sentencing Guidelines to 
        provide appropriate enhancement if the defendant knowingly 
        misrepresented the actual identity of the defendant with the 
        intent to persuade, induce, entice, coerce, or facilitate the 
        transport of a child of an age specified in the applicable 
        provision of law referred to in paragraph (1) to engage in a 
        prohibited sexual activity.

SEC. 505. INCREASED PENALTIES FOR PATTERN OF ACTIVITY OF SEXUAL 
              EXPLOITATION OF CHILDREN.

    Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall--
            (1) review the Federal Sentencing Guidelines on aggravated 
        sexual abuse under section 2241 of title 18, United States 
        Code, sexual abuse under section 2242 of title 18, United 
        States Code, sexual abuse of a minor or ward under section 2243 
        of title 18, United States Code, coercion and enticement of a 
        minor under section 2422(b) of title 18, United States Code, 
        contacting a minor under section 2422(c) of title 18, United 
        States Code, and transportation of minors and travel under 
        section 2423 of title 18, United States Code; and
            (2) upon completion of the review under paragraph (1), 
        promulgate amendments to the Federal Sentencing Guidelines to 
        increase penalties applicable to the offenses referred to in 
        paragraph (1) in any case in which the defendant engaged in a 
        pattern of activity involving the sexual abuse or exploitation 
        of a minor.

SEC. 506. CLARIFICATION OF DEFINITION OF DISTRIBUTION OF PORNOGRAPHY.

    Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall--
            (1) review the Federal Sentencing Guidelines relating to 
        the distribution of pornography covered under chapter 110 of 
        title 18, United States Code, relating to the sexual 
        exploitation and other abuse of children; and
            (2) upon completion of the review under paragraph (1), 
        promulgate such amendments to the Federal Sentencing Guidelines 
        as are necessary to clarify that the term ``distribution of 
        pornography'' applies to the distribution of pornography--
                    (A) for monetary remuneration; or
                    (B) for a nonpecuniary interest.

SEC. 507. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

    In carrying out this title, the United States Sentencing Commission 
shall--
            (1) with respect to any action relating to the Federal 
        Sentencing Guidelines subject to this title, ensure reasonable 
        consistency with other guidelines of the Federal Sentencing 
        Guidelines; and
            (2) with respect to an offense subject to the Federal 
        Sentencing Guidelines, avoid duplicative punishment under the 
        Federal Sentencing Guidelines for substantially the same 
        offense.

       TITLE VI--CRIMINAL, PROCEDURAL, AND ADMINISTRATIVE REFORMS

SEC. 601. PRETRIAL DETENTION OF SEXUAL PREDATORS.

    Section 3156(a)(4) of title 18, United States Code, is amended by 
striking subparagraph (C) and inserting the following:
                    ``(C) any felony under chapter 109A, 110, or 117; 
                and''.

SEC. 602. CRIMINAL FORFEITURE FOR OFFENSES AGAINST MINORS.

    Section 2253 of title 18, United States Code, is amended by 
striking ``or 2252 of this chapter'' and inserting ``2252, 2252A, or 
2260 of this chapter, or who is convicted of an offense under section 
2421, 2422, or 2423 of chapter 117,''.

SEC. 603. CIVIL FORFEITURE FOR OFFENSES AGAINST MINORS.

    Section 2254(a) of title 18, United States Code, is amended--
            (1) in paragraph (2), by striking ``or 2252 of this 
        chapter'' and inserting ``2252, 2252A, or 2260 of this chapter, 
        or used or intended to be used to commit or to promote the 
        commission of an offense under section 2421, 2422, or 2423 of 
        chapter 117,''; and
            (2) in paragraph (3), by striking ``or 2252 of this 
        chapter'' and inserting ``2252, 2252A, or 2260 of this chapter, 
        or obtained from a violation of section 2421, 2422, or 2423 of 
        chapter 117,''.

SEC. 604. REPORTING OF CHILD PORNOGRAPHY BY ELECTRONIC COMMUNICATION 
              SERVICE PROVIDERS.

    (a) In General.--The Victims of Child Abuse Act of 1990 (42 U.S.C. 
13001 et seq.) is amended by inserting after section 226 the following:

``SEC. 227. REPORTING OF CHILD PORNOGRAPHY BY ELECTRONIC COMMUNICATION 
              SERVICE PROVIDERS.

    ``(a) Definitions.--In this section--
            ``(1) the term `electronic communication service' has the 
        meaning given the term in section 2510 of title 18, United 
        States Code; and
            ``(2) the term `remote computing service' has the meaning 
        given the term in section 2711 of title 18, United States Code.
    ``(b) Requirements.--
            ``(1) Duty to report.--Whoever, while engaged in providing 
        an electronic communication service or a remote computing 
        service to the public, through a facility or means of 
        interstate or foreign commerce, obtains knowledge of facts or 
        circumstances from which a violation of section 2251, 2251A, 
        2252, 2252A, or 2260 of title 18, United States Code, involving 
        child pornography (as defined in section 2256 of that title), 
        is apparent, shall, as soon as reasonably possible, make a 
        report of such facts or circumstances to a law enforcement 
        agency or agencies designated by the Attorney General.
            ``(2) Designation of agencies.--Not later than 180 days 
        after the date of enactment of this section, the Attorney 
        General shall designate the law enforcement agency or agencies 
        to which a report shall be made under paragraph (1).
            ``(3) Failure to report.--A provider of electronic 
        communication services or remote computing services described 
        in paragraph (1) who knowingly and willfully fails to make a 
        report under that paragraph shall be fined--
                    ``(A) in the case of an initial failure to make a 
                report, not more than $50,000; and
                    ``(B) in the case of any second or subsequent 
                failure to make a report, not more than $100,000.
    ``(c) Civil Liability.--No provider or user of an electronic 
communication service or a remote computing service to the public shall 
be held liable on account of any action taken in good faith to comply 
with this section.
    ``(d) Limitation of Information or Material Required in Report.--A 
report under subsection (b)(1) may include additional information or 
material developed by an electronic communication service or remote 
computing service, except that the Federal Government may not require 
the production of such information or material in that report.
    ``(e) Monitoring Not Required.--Nothing in this section may be 
construed to require a provider of electronic communication services or 
remote computing services to engage in the monitoring of any user, 
subscriber, or customer of that provider, or the content of any 
communication of any such person.
    ``(f) Conditions of Disclosure of Information Contained Within 
Report.--
            ``(1) In general.--No law enforcement agency that receives 
        a report under subsection (b)(1) shall disclose any information 
        contained in that report, except that disclosure of such 
        information may be made--
                    ``(A) to an attorney for the government for use in 
                the performance of the official duties of the attorney;
                    ``(B) to such officers and employees of the law 
                enforcement agency, as may be necessary in the 
                performance of their investigative and recordkeeping 
                functions;
                    ``(C) to such other government personnel (including 
                personnel of a State or subdivision of a State) as are 
                determined to be necessary by an attorney for the 
                government to assist the attorney in the performance of 
                the official duties of the attorney in enforcing 
                Federal criminal law; or
                    ``(D) as permitted by a court at the request of an 
                attorney for the government, upon a showing that such 
                information may disclose a violation of State criminal 
                law, to an appropriate official of a State or 
                subdivision of a State for the purpose of enforcing 
                such State law.
            ``(2) Definitions.--In this subsection, the terms `attorney 
        for the government' and `State' have the meanings given those 
        terms in Rule 54 of the Federal Rules of Criminal Procedure.''.
    (b) Exception to Prohibition on Disclosure.--Section 2702(b)(6) of 
title 18, United States Code, is amended to read as follows:
            ``(6) to a law enforcement agency--
                    ``(A) if the contents--
                            ``(i) were inadvertently obtained by the 
                        service provider; and
                            ``(ii) appear to pertain to the commission 
                        of a crime; or
                    ``(B) if required by section 227 of the Crime 
                Control Act of 1990.''.

SEC. 605. CIVIL REMEDY FOR PERSONAL INJURIES RESULTING FROM CERTAIN SEX 
              CRIMES AGAINST CHILDREN.

    Section 2255(a) of title 18, United States Code, is amended by 
striking ``2251 or 2252'' and inserting ``2241(c), 2242, 2243, 2251, 
2251A, 2252, 2252A, 2260, 2421, 2422, or 2423''.

SEC. 606. ADMINISTRATIVE SUBPOENAS.

    (a) In General.--Chapter 223 of title 18, United States Code, is 
amended--
            (1) in section 3486, by striking the section designation 
        and heading and inserting the following:
``Sec. 3486. Administrative subpoenas in Federal health care 
              investigations''; and
            (2) by adding at the end the following:
``Sec. 3486A. Administrative subpoenas in cases involving child abuse 
              and child sexual exploitation
    ``(a) Authorization.--
            ``(1) In general.--In any investigation relating to any act 
        or activity involving a violation of section 1201, 2241(c), 
        2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 
        of this title in which the victim is an individual who has not 
        attained the age of 18 years, the Attorney General, or the 
        designee of the Attorney General, may issue in writing and 
        cause to be served a subpoena--
                    ``(A) requiring a provider of electronic 
                communication service or remote computing service to 
                disclose the name, address, local and long distance 
                telephone toll billing records, telephone number or 
                other subscriber number or identity, and length of 
                service of a subscriber to or customer of such service 
                and the types of services the subscriber or customer 
                utilized, which may be relevant to an authorized law 
                enforcement inquiry; or
                    ``(B) requiring a custodian of records to give 
                testimony concerning the production and authentication 
                of such records or information.
            ``(2) Attendance of witnesses.--Witnesses summoned under 
        this section shall be paid the same fees and mileage that are 
        paid witnesses in the courts of the United States.
    ``(b) Procedures Applicable.--The same procedures for service and 
enforcement as are provided with respect to investigative demands in 
section 3486 apply with respect to a subpoena issued under this 
section.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
223 of title 18, United States Code, is amended by striking the item 
relating to section 3486 and inserting the following:

``3486. Administrative subpoenas in Federal health care investigations.
``3486A. Administrative subpoenas in cases involving child abuse and 
                            child sexual exploitation.''.

SEC. 607. GRANTS TO STATES TO OFFSET COSTS ASSOCIATED WITH SEXUALLY 
              VIOLENT OFFENDER REGISTRATION REQUIREMENTS.

    (a) In General.--Section 170101 of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended--
            (1) by redesignating the second subsection designated as 
        subsection (g) as subsection (h); and
            (2) by adding at the end the following:
    ``(i) Grants to States for Costs of Compliance.--
            ``(1) Program authorized.--
                    ``(A) In general.--The Director of the Bureau of 
                Justice Assistance (in this subsection referred to as 
                the `Director') shall carry out a program, which shall 
                be known as the `Sex Offender Management Assistance 
                Program' (in this subsection referred to as the `SOMA 
                program'), under which the Director shall award a grant 
                to each eligible State to offset costs directly 
                associated with complying with this section.
                    ``(B) Uses of funds.--Each grant awarded under this 
                subsection shall be--
                            ``(i) distributed directly to the State for 
                        distribution to State and local entities; and
                            ``(ii) used for training, salaries, 
                        equipment, materials, and other costs directly 
                        associated with complying with this section.
            ``(2) Eligibility.--
                    ``(A) Application.--To be eligible to receive a 
                grant under this subsection, the chief executive of a 
                State shall, on an annual basis, submit to the Director 
                an application (in such form and containing such 
                information as the Director may reasonably require) 
                assuring that--
                            ``(i) the State complies with (or made a 
                        good faith effort to comply with) this section; 
                        and
                            ``(ii) where applicable, the State has 
                        penalties comparable to or greater than Federal 
                        penalties for crimes listed in this section, 
                        except that the Director may waive the 
                        requirement of this clause if a State 
                        demonstrates an overriding need for assistance 
                        under this subsection.
                    ``(B) Regulations.--
                            ``(i) In general.--Not later than 90 days 
                        after the date of enactment of this subsection, 
                        the Director shall promulgate regulations to 
                        implement this subsection (including the 
                        information that must be included and the 
                        requirements that the States must meet) in 
                        submitting the applications required under this 
                        subsection. In allocating funds under this 
                        subsection, the Director may consider the 
                        annual number of sex offenders registered in 
                        each eligible State's monitoring and 
                        notification programs.
                            ``(ii) Certain training programs.--Prior to 
                        implementing this subsection, the Director 
                        shall study the feasibility of incorporating 
                        into the SOMA program the activities of any 
                        technical assistance or training program 
                        established as a result of section 40152 of 
                        this Act. In a case in which incorporating such 
                        activities into the SOMA program will eliminate 
                        duplication of efforts or administrative costs, 
                        the Director shall take administrative actions, 
                        as allowable, and make recommendations to 
                        Congress to incorporate such activities into 
                        the SOMA program prior to implementing the SOMA 
                        program.
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection, $25,000,000 
        for each of fiscal years 1999 and 2000.''.
    (b) Study.--Not later than March 1, 2000, the Director shall 
conduct a study to assess the efficacy of the Sex Offender Management 
Assistance Program under section 170101(i) of the Violent Crime Control 
and Law Enforcement Act of 1994 (42 U.S.C. 14071(i)), as added by this 
section, and submit recommendations to Congress.

            TITLE VII--MURDER AND KIDNAPPING INVESTIGATIONS

SEC. 701. AUTHORITY TO INVESTIGATE SERIAL KILLINGS.

    (a) In General.--Chapter 33 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 540B. Investigation of serial killings
    ``(a) In General.--The Attorney General and the Director of the 
Federal Bureau of Investigation may investigate serial killings in 
violation of the laws of a State or political subdivision, if such 
investigation is requested by the head of a law enforcement agency with 
investigative or prosecutorial jurisdiction over the offense.
    ``(b) Definitions.--In this section:
            ``(1) Killing.--The term `killing' means conduct that would 
        constitute an offense under section 1111 of title 18, United 
        States Code, if Federal jurisdiction existed.
            ``(2) Serial killings.--The term `serial killings' means a 
        series of 3 or more killings, not less than 1 of which was 
        committed within the United States, having common 
        characteristics such as to suggest the reasonable possibility 
        that the crimes were committed by the same actor or actors.
            ``(3) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
33 of title 28, United States Code, is amended by adding at end the 
following:

``540B. Investigation of serial killings.''.

SEC. 702. KIDNAPPING.

    (a) Clarification of Element of Offense.--Section 1201(a)(1) of 
title 18, United States Code, is amended by inserting ``, regardless of 
whether the person was alive when transported across a State boundary 
if the person was alive when the transportation began'' before the 
semicolon.
    (b) Technical Amendment.--Section 1201(a)(5) of title 18, United 
States Code, is amended by striking ``designated'' and inserting 
``described''.
    (c) 24-Hour Rule.--Section 1201(b) of title 18, United States Code, 
is amended by adding at the end the following: ``Notwithstanding the 
preceding sentence, the fact that the presumption under this section 
has not yet taken effect does not preclude a Federal investigation of a 
possible violation of this section before the 24-hour period has 
ended.''.

SEC. 703. MORGAN P. HARDIMAN CHILD ABDUCTION AND SERIAL MURDER 
              INVESTIGATIVE RESOURCES CENTER.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Attorney General shall establish within the 
Federal Bureau of Investigation a Child Abduction and Serial Murder 
Investigative Resources Center to be known as the ``Morgan P. Hardiman 
Child Abduction and Serial Murder Investigative Resources Center'' (in 
this section referred to as the ``CASMIRC'').
    (b) Purpose.--The CASMIRC shall be managed by National Center for 
the Analysis of Violent Crime of the Critical Incident Response Group 
of the Federal Bureau of Investigation (in this section referred to as 
the ``NCAVC''), and by multidisciplinary resource teams in Federal 
Bureau of Investigation field offices, in order to provide 
investigative support through the coordination and provision of Federal 
law enforcement resources, training, and application of other 
multidisciplinary expertise, to assist Federal, State, and local 
authorities in matters involving child abductions, mysterious 
disappearance of children, child homicide, and serial murder across the 
country. The CASMIRC shall be co-located with the NCAVC.
    (c) Duties of the CASMIRC.--The CASMIRC shall perform such duties 
as the Attorney General determines appropriate to carry out the 
purposes of the CASMIRC, including--
            (1) identifying, developing, researching, acquiring, and 
        refining multidisciplinary information and specialities to 
        provide for the most current expertise available to advance 
        investigative knowledge and practices used in child abduction, 
        mysterious disappearance of children, child homicide, and 
        serial murder investigations;
            (2) providing advice and coordinating the application of 
        current and emerging technical, forensic, and other Federal 
        assistance to Federal, State, and local authorities in child 
        abduction, mysterious disappearances of children, child 
        homicide, and serial murder investigations;
            (3) providing investigative support, research findings, and 
        violent crime analysis to Federal, State, and local authorities 
        in child abduction, mysterious disappearances of children, 
        child homicide, and serial murder investigations;
            (4) providing, if requested by a Federal, State, or local 
        law enforcement agency, on site consultation and advice in 
        child abduction, mysterious disappearances of children, child 
        homicide and serial murder investigations;
            (5) coordinating the application of resources of pertinent 
        Federal law enforcement agencies, and other Federal entities 
        including, but not limited to, the United States Customs 
        Service, the Secret Service, the Postal Inspection Service, and 
        the United States Marshals Service, as appropriate, and with 
        the concurrence of the agency head to support Federal, State, 
        and local law enforcement involved in child abduction, 
        mysterious disappearance of a child, child homicide, and serial 
        murder investigations;
            (6) conducting ongoing research related to child 
        abductions, mysterious disappearances of children, child 
        homicides, and serial murder, including identification and 
        investigative application of current and emerging technologies, 
        identification of investigative searching technologies and 
        methods for physically locating abducted children, 
        investigative use of offender behavioral assessment and 
        analysis concepts, gathering statistics and information 
        necessary for case identification, trend analysis, and case 
        linkages to advance the investigative effectiveness of 
        outstanding abducted children cases, develop investigative 
        systems to identify and track serious serial offenders that 
        repeatedly victimize children for comparison to unsolved cases, 
        and other investigative research pertinent to child abduction, 
        mysterious disappearance of a child, child homicide, and serial 
        murder covered in this section;
            (7) working under the NCAVC in coordination with the 
        National Center For Missing and Exploited Children and the 
        Office of Juvenile Justice and Delinquency Prevention of the 
        Department of Justice to provide appropriate training to 
        Federal, State, and local law enforcement in matters regarding 
        child abductions, mysterious disappearances of children, child 
        homicides; and
            (8) establishing a centralized repository based upon case 
        data reflecting child abductions, mysterious disappearances of 
        children, child homicides and serial murder submitted by State 
        and local agencies, and an automated system for the efficient 
        collection, retrieval, analysis, and reporting of information 
        regarding CASMIRC investigative resources, research, and 
        requests for and provision of investigative support services.
    (d) Appointment of Personnel to the CASMIRC.--
            (1) Selection of members of the casmirc and participating 
        state and local law enforcement personnel.--The Director of the 
        Federal Bureau of Investigation shall appoint the members of 
        the CASMIRC. The CASMIRC shall be staffed with Federal Bureau 
        of Investigation personnel and other necessary personnel 
        selected for their expertise that would enable them to assist 
        in the research, data collection, and analysis, and provision 
        of investigative support in child abduction, mysterious 
        disappearance of children, child homicide and serial murder 
        investigations. The Director may, with concurrence of the 
        appropriate State or local agency, also appoint State and local 
        law enforcement personnel to work with the CASMIRC.
            (2) Status.--Each member of the CASMIRC (and each 
        individual from any State or local law enforcement agency 
        appointed to work with the CASMIRC) shall remain as an employee 
        of that member's or individual's respective agency for all 
        purposes (including the purpose of performance review), and 
        service with the CASMIRC shall be without interruption or loss 
        of civil service privilege or status and shall be on a 
        nonreimbursable basis, except if appropriate to reimburse State 
        and local law enforcement for overtime costs for an individual 
        appointed to work with the resource team. Additionally, 
        reimbursement of travel and per diem expenses will occur for 
        State and local law enforcement participation in resident 
        fellowship programs at the NCAVC when offered.
            (3) Training.--CASMIRC personnel, under the guidance of the 
        Federal Bureau of Investigation's National Center for the 
        Analysis of Violent Crime and in consultation with the National 
        Center For Missing and Exploited Children, shall develop a 
        specialized course of instruction devoted to training members 
        of the CASMIRC consistent with the purpose of this section. The 
        CASMIRC shall also work with the National Center For Missing 
        and Exploited Children and the Office of Juvenile Justice and 
        Delinquency Prevention of the Department of Justice to develop 
        a course of instruction for State and local law enforcement 
        personnel to facilitate the dissemination of the most current 
        multidisciplinary expertise in the investigation of child 
        abductions, mysterious disappearances of children, child 
        homicides, and serial murder of children.
    (e) Report to Congress.--One year after the establishment of the 
CASMIRC, the Attorney General shall submit to Congress a report, which 
shall include--
            (1) a description of the goals and activities of the 
        CASMIRC; and
            (2) information regarding--
                    (A) the number and qualifications of the members 
                appointed to the CASMIRC;
                    (B) the provision of equipment, administrative 
                support, and office space for the CASMIRC; and
                    (C) the projected resource needs for the CASMIRC.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 1999, 2000, and 2001.
    (g) Conforming Amendment.--Subtitle C of title XVII of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 5776a et seq.) 
is repealed.

     TITLE VIII--RESTRICTED ACCESS TO INTERACTIVE COMPUTER SERVICES

SEC. 801. PRISONER ACCESS.

    Notwithstanding any other provision of law, no agency, officer, or 
employee of the United States shall implement, or provide any financial 
assistance to, any Federal program or Federal activity in which a 
Federal prisoner is allowed access to any electronic communication 
service or remote computing service without the supervision of an 
official of the Federal Government.

SEC. 802. RECOMMENDED PROHIBITION.

    (a) Findings.--Congress finds that--
            (1) a Minnesota State prisoner, serving 23 years for 
        molesting teenage girls, worked for a nonprofit work and 
        education program inside the prison, through which the prisoner 
        had unsupervised access to the Internet;
            (2) the prisoner, through his unsupervised access to the 
        Internet, trafficked in child pornography over the Internet;
            (3) Federal law enforcement authorities caught the prisoner 
        with a computer disk containing 280 pictures of juveniles 
        engaged in sexually explicit conduct;
            (4) a jury found the prisoner guilty of conspiring to trade 
        in child pornography and possessing child pornography;
            (5) the United States District Court for the District of 
        Minnesota sentenced the prisoner to 87 months in Federal 
        prison, to be served upon the completion of his 23-year State 
        prison term; and
            (6) there has been an explosion in the use of the Internet 
        in the United States, further placing our Nation's children at 
        risk of harm and exploitation at the hands of predators on the 
        Internet and increasing the ease of trafficking in child 
        pornography.
    (b) Sense of Congress.--It is the sense of Congress that State 
Governors, State legislators, and State prison administrators should 
prohibit unsupervised access to the Internet by State prisoners.

SEC. 803. SURVEY.

    (a) Survey.--Not later than 6 months after the date of enactment of 
this Act, the Attorney General shall conduct a survey of the States to 
determine to what extent each State allows prisoners access to any 
interactive computer service and whether such access is supervised by a 
prison official.
    (b) Report.--The Attorney General shall submit a report to Congress 
of the findings of the survey conducted pursuant to subsection (a).
    (c) State Defined.--In this section, the term ``State'' means each 
of the 50 States and the District of Columbia.

                           TITLE IX--STUDIES

SEC. 901. STUDY ON LIMITING THE AVAILABILITY OF PORNOGRAPHY ON THE 
              INTERNET.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Attorney General shall request that the National 
Academy of Sciences, acting through its National Research Council, 
enter into a contract to conduct a study of computer-based technologies 
and other approaches to the problem of the availability of pornographic 
material to children on the Internet, in order to develop possible 
amendments to Federal criminal law and other law enforcement techniques 
to respond to the problem.
    (b) Contents of Study.--The study under this section shall address 
each of the following:
            (1) The capabilities of present-day computer-based control 
        technologies for controlling electronic transmission of 
        pornographic images.
            (2) Research needed to develop computer-based control 
        technologies to the point of practical utility for controlling 
        the electronic transmission of pornographic images.
            (3) Any inherent limitations of computer-based control 
        technologies for controlling electronic transmission of 
        pornographic images.
            (4) Operational policies or management techniques needed to 
        ensure the effectiveness of these control technologies for 
        controlling electronic transmission of pornographic images.
    (c) Final Report.--Not later than 2 years after the date of 
enactment of this Act, the Attorney General shall submit to the 
Committees on the Judiciary of the House of Representatives and the 
Senate a final report of the study under this section, which report 
shall--
            (1) set forth the findings, conclusions, and 
        recommendations of the Council; and
            (2) be submitted by the Committees on the Judiciary of the 
        House of Representatives and the Senate to relevant Government 
        agencies and committees of Congress.

SEC. 902. STUDY OF HOTLINES.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Attorney General shall conduct a study in 
accordance with subsection (b) and submit to Congress a report on the 
results of that study.
    (b) Contents of Study.--The study under this section shall include 
an examination of--
            (1) existing State programs for informing the public about 
        the presence of sexual predators released from prison, as 
        required in section 170101 of the Violent Crime Control and Law 
        Enforcement Act of 1994 (42 U.S.C. 14071), including the use of 
        CD-ROMs, Internet databases, and Sexual Offender Identification 
        Hotlines, such as those used in the State of California; and
            (2) the feasibility of establishing a national hotline for 
        parents to access a Federal Bureau of Investigation database 
        that tracks the location of convicted sexual predators 
        established under section 170102 of the Violent Crime Control 
        and Law Enforcement Act of 1994 (42 U.S.C. 14072) and, in 
        determining that feasibility, the Attorney General shall 
        examine issues including the cost, necessary changes to Federal 
        and State laws necessitated by the creation of such a hotline, 
        consistency with Federal and State case law pertaining to 
        community notification, and the need for, and accuracy and 
        reliability of, the information available through such a 
        hotline.

            Amend the title so as to read: ``An Act to amend title 18, 
        United States Code, to protect children from sexual abuse and 
        exploitation, and for other purposes.''.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                               H. R. 3494

_______________________________________________________________________

                               AMENDMENTS