[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3494 Enrolled Bill (ENR)]

        H.R.3494

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
 To amend title 18, United States Code, to protect children from sexual 
             abuse and exploitation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 three 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 three 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 three or more killings, not less than one 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 the 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 the 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 
disappearances 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 
    disappearances 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 disappearances 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 the Congress.--It is the sense of the 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.