[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3494 Referred in Senate (RFS)]

  2d Session
                                H. R. 3494


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 16, 1998

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
  To amend title 18, United States Code, with respect to violent sex 
            crimes against children, 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.

    This Act may be cited as the ``Child Protection and Sexual Predator 
Punishment Act of 1998''.

    TITLE I--PROTECTING CHILDREN FROM SEXUAL PREDATORS AND COMPUTER 
                              PORNOGRAPHY

SEC. 101. CONTACTING MINORS FOR SEXUAL PURPOSES.

    Section 2422 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(c) 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--
            ``(1) knowingly contacts an individual who has not attained 
        the age of 18 years; or
            ``(2) knowingly contacts an individual, who has been 
        represented to the person making the contact as not having 
        attained the age of 18 years,
for the purposes of engaging in any sexual activity, with a person who 
has not attained the age of 18 years, for which any person may be 
criminally prosecuted, or attempts to do so, shall be fined under this 
title or imprisoned not more than 5 years, or both. It is a defense to 
a prosecution for an offense under this section that the sexual 
activity is prosecutable only because of the age of the individual 
contacted, the individual contacted had attained the age of 12 years, 
and the defendant was not more than 4 years older than the individual 
contacted.''.

SEC. 102. 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--
            ``(1) knowingly transfers obscene matter to an individual 
        who has not attained the age of 18 years, or attempts to do so; 
        or
            ``(2) knowingly transfers obscene matter to an individual 
        who has been represented to the transferor as not having 
        attained the age of 18 years,
shall be fined under this title or imprisoned not more than 5 years, or 
both.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 71 of title 18, United States Code, is amended by adding at the 
end the following new item:

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

SEC. 103. INCREASED PRISON SENTENCES FOR ENTICEMENT OF MINORS.

    Section 2422 of title 18, United States Code, is amended--
            (1) in subsection (a), by adding at the end ``If the 
        individual had not attained the age of 18 years at the time of 
        the offense, the maximum imprisonment for an offense under this 
        subsection is 10 years.''; and
            (2) in subsection (b), by striking ``10'' and inserting 
        ``15''.

SEC. 104. ADDITIONAL JURISDICTIONAL BASE FOR PROSECUTION OF PRODUCTION 
              OF CHILD PORNOGRAPHY.

    (a) Use of a Child.--Subsection (a) of section 2251 of title 18, 
United States Code, is amended by inserting ``if such visual depiction 
was produced with materials that had been mailed, shipped, or 
transported in interstate or foreign commerce by any means, including a 
computer,'' before ``or if''.
    (b) Allowing Use of a Child.--Subsection (b) of section 2251 of 
title 18, United States Code, is amended by inserting ``, if such 
visual depiction was produced with materials that had been mailed, 
shipped, or transported in interstate or foreign commerce by any means, 
including a computer,'' before ``or if''.

SEC. 105. INCREASED PENALTIES FOR CERTAIN ACTIVITIES RELATING TO 
              MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS OR 
              CHILD PORNOGRAPHY AND TECHNICAL CORRECTION.

    (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 inserting ``the offense consisted 
        of the possession of 50 or more items of the sort described in 
        subsection (a)(4) or'' after ``if''.
    (b) 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''.
    (c) Increased Penalties in Section 2252A.--Section 2252A(b)(2) of 
title 18, United States Code, is amended by inserting ``the offense 
consisted of the possession of 50 or more images of the sort described 
in subsection (a)(4) or'' after ``if''.
    (d) Modification of Possession Offense.--Section 2252(a) of title 
18, United States Code, is amended so that paragraph (4) reads as 
follows:
            ``(4) either--
                    ``(A) in the special maritime and territorial 
                jurisdiction of the United States, or on any land or 
                building owned by, leased to, or otherwise used by or 
                under the control of the Federal Government, or in the 
                Indian country (as defined in section 1151 of this 
                title), knowingly possesses a book, magazine, 
                periodical, computer disk, film, video tape, or any 
                other matter that contains a visual depiction of 
                sexually explicit conduct and the production of which 
                involves the use of a minor engaging in that conduct; 
                or
                    ``(B) knowingly possesses a book, magazine, 
                periodical, computer disk, film, video tape, or any 
                other matter that--
                            ``(i) has been mailed, or has been shipped 
                        or transported by any means, including 
                        computer, in interstate or foreign commerce, or 
                        which was produced using materials which were 
                        mailed or so shipped or transported; and
                            ``(ii) contains a visual depiction of 
                        sexually explicit conduct and the production of 
                        which involves the use of a minor engaging in 
                        that conduct;''.
    (e) Child Pornography Possession Offense.--Section 2252A(a)(5) of 
title 18, United States Code, is amended in each of subparagraphs (A) 
and (B), by striking ``3 or more images of'' and inserting ``an image 
of''.

SEC. 106. CRIMINAL FORFEITURE FOR SOLICITATION OF MINORS AND INTERSTATE 
              PROSTITUTION.

    Section 2253(a) of title 18, United States Code, is amended by 
inserting ``, or who is convicted of an offense under section 2421, 
2422, 2423, 2252A, or 2260 of this title,'' after ``2252 of this 
chapter'' in the matter preceding paragraph (1).

SEC. 107. PRETRIAL DETENTION OF CHILD SEX OFFENDERS.

    Subparagraph (C) of section 3156(a)(4) of title 18, United States 
Code, is amended to read as follows:
                    ``(C) any felony under chapter 109A, 110, or 117; 
                and''.

SEC. 108. INCREASED PRISON SENTENCES.

    Subsection (b) of section 2422 of title 18, United States Code, is 
amended by adding at the end the following: ``If in the course of 
committing the offense under this subsection, the defendant used a 
computer to transmit a communication to the minor, the minimum term of 
imprisonment for the offense under this subsection is 3 years.''.

SEC. 109. REPEAT OFFENDERS IN TRANSPORTATION OFFENSE.

    (a) Generally.--Chapter 117 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2425. Repeat offenders
    ``(a) 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) As used in this section, the term `prior sex offense 
conviction' means a conviction for an offense--
            ``(1) under this chapter or chapter 109A or 110; or
            ``(2) 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 or 
        in any Territory or Possession of the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 117 of title 18, United States Code, is amended by adding at 
the end the following new item:

``2425. Repeat offenders.''.

SEC. 110. DEFINITION AND ADDITION OF ATTEMPT OFFENSE.

    (a) Definition.--
            (1) In General.--Chapter 117 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 2426. Definition for chapter
    ``For the purposes of this chapter, 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).''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 117 of title 18, United States Code, is 
        amended by adding at the end the following new item:

``2426. Definition for chapter.''.
    (b) Attempt Offense.--Section 2422(a) of title 18, United States 
Code, is amended by inserting ``or attempts to do so,'' after 
``criminal offense,''.

SEC. 111. USE OF INTERSTATE FACILITIES TO TRANSMIT IDENTIFYING 
              INFORMATION ABOUT A MINOR FOR CRIMINAL SEXUAL PURPOSES.

    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2260A. 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 transmits, prints, 
publishes, or reproduces, or causes to be transmitted, printed, 
published, or reproduced, the name, address, telephone number, 
electronic mail address, or other identifying information of an 
individual who has not attained the age of 18 years for the purposes of 
facilitating, encouraging, offering, or soliciting any person to engage 
in any sexual activity for which any person may be criminally 
prosecuted, or attempts to do so, shall be fined under this title or 
imprisoned not more than 5 years, or both.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``2260A. Use of interstate facilities to transmit information about a 
                            minor.''.

SEC. 112. STUDY OF PERSISTENT SEXUAL OFFENDERS.

    The National Institute of Justice, either directly or through 
grant, shall carry out a study of persistent sexual predators. Not 
later than one year after the date of the enactment of this Act, such 
Institute shall report to Congress and the President the results of 
such study. Such report shall include--
            (1) a synthesis of current research in psychology, 
        sociology, law, criminal justice, and other fields regarding 
        persistent sexual offenders, including--
                    (A) common characteristics of such offenders;
                    (B) recidivism rates for such offenders;
                    (C) treatment techniques and their effectiveness;
                    (D) responses of offenders to treatment and 
                deterrence; and
                    (E) the possibility of early intervention to 
                prevent people from becoming sexual predators; and
            (2) an agenda for future research in this area.

SEC. 113. REPORTING OF CHILD PORNOGRAPHY BY ELECTRONIC COMMUNICATION 
              SERVICE PROVIDERS.

    (a) In General.--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, or 2252A of title 18, United States Code, involving 
child pornography (as defined in section 2256 of such title), is 
apparent shall, as soon as reasonably possible, make a report of such 
facts or circumstances to an agency or agencies designated by the 
Attorney General. The Attorney General shall make a designation of the 
agency or agencies described in the preceding sentence not later than 
180 days after the date of the enactment of this subsection. A person 
who fails to make a report required under this section shall be fined 
not more than $100,000. A term used in this section has the same 
meaning given that term when used in section 226(a) of the Crime 
Control Act of 1990 (42 U.S.C. 13031(a)).
    (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 such 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 113 of the Child 
                Protection and Sexual Predator Punishment Act of 
                1998.''.
    (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 this section may include information or material developed 
by an electronic communication service or remote computing service, but 
the Federal Government may not require an electronic communication 
service or remote computing service to include such information or 
material in that report.

                  TITLE II--PUNISHING SEXUAL PREDATORS

SEC. 201. SENTENCING ENHANCEMENT IN SECTION 2423 CASES.

    (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 sentencing guidelines to provide a 
sentencing enhancement for any offense listed in section 2423 of title 
18, United States Code.
    (b) Instruction to Commission.--The 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 guidelines.

SEC. 202. 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 to read as 
follows:
``Sec. 2423. Transportation of minors and assumed minors
    ``(a) Transportation With Intent To Engage in Criminal Sexual 
Activity.--A person who knowingly--
            ``(1) transports an individual who has not attained the age 
        of 18 years; or
            ``(2) transports an individual who has been represented to 
        the person doing that transportation as not having attained the 
        age of 18 years,
in interstate or foreign commerce, or in any 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, shall be fined under this title or 
imprisoned not more than 15 years, or both.
    ``(b) Travel With Intent To Engage in Sexual Act With a Juvenile.--
A person who travels in interstate commerce, or conspires to do so, or 
a United States citizen or an alien admitted for permanent residence in 
the United States who travels in foreign commerce, or conspires to do 
so, for the purpose of engaging in any sexual activity, with another 
person who has not attained the age of 18 years or who has been 
represented to the traveler or conspirator as not having attained the 
age of 18 years, for which any person can be charged with a criminal 
offense, shall be fined under this title, imprisoned not more than 15 
years, or both.''.

SEC. 203. 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. 204. PUNISHMENT FOR REPEAT OFFENDERS.

    Section 2241 of title 18, United States Code, is amended by 
inserting after subsection (d) the following:
    ``(e) Punishment for Repeat Offenders.--(1) Whoever has twice 
previously been convicted of a serious State or Federal sex crime and 
who--
            ``(A) violates this section; or
            ``(B) in a circumstance described in paragraph (2) of this 
        subsection, engages in conduct that would have violated this 
        section if the conduct had occurred in the special maritime and 
        territorial jurisdiction of the United States,
shall be imprisoned for life.
    ``(2) The circumstance referred to in paragraph (1) of this 
subsection is that--
            ``(A) the person engaging in such conduct traveled in 
        interstate or foreign commerce or used the mail or any facility 
        or means of interstate or foreign commerce in furtherance of 
        the offense; or
            ``(B) such conduct occurs in or affects interstate or 
        foreign commerce and would have violated this section if the 
        conduct had occurred in the special maritime and territorial 
        jurisdiction of the United States.
    ``(f) Serious State or Federal Sex Crime.--For the purposes of 
subsections (e) and (f), the term serious State or Federal sex crime 
means a State or Federal offense for conduct which--
            ``(1) is an offense under this section or section 2242 of 
        this title; or
            ``(2) would have been an offense under either of such 
        sections if the offense had occurred in the special maritime or 
        territorial jurisdiction of the United States.''.

SEC. 205. 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) 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) As used in this section, the term `prior sex offense 
conviction' has the meaning given that term in section 2425.''.

SEC. 206. 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), 2243, 2251, 2252, 
2421, 2422, or 2423''.

SEC. 207. ELIMINATION OF REDUNDANCY AND AMBIGUITIES.

    (a) 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''.
    (b) 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''.
    (c) Definition of State.--Section 2246 of title 18, United States 
Code, is amended--
            (1) in paragraph (5), by striking the period and inserting 
        a semicolon; and
            (2) by adding a new paragraph as follows:
            ``(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. 208. 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.--
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 2251 shall, unless the 
sentence of death is imposed, be sentenced to imprisonment for life, if 
the victim of the offense is under 14 years of age, the victim dies as 
a result of the offense, and the defendant, in the course of the 
offense, engages in conduct described in section 3591(a)(2).''.

 TITLE III--FEDERAL INVESTIGATIONS OF SEX CRIMES AGAINST CHILDREN AND 
                             SERIAL KILLERS

SEC. 301. ADMINISTRATIVE SUBPOENAS.

    (a) In General.--Chapter 203 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3064. Administrative subpoenas
    ``(a) Authorization of Use.--In an investigation of an alleged 
violation of section 2241(c), 2243, 2421, 2422, or 2423 of this title 
where a victim is an individual who has not attained the age of 18 
years, the Attorney General may subpoena witnesses, compel the 
production of any records (including books, papers, documents, 
electronic data, and other tangible things which constitute or contain 
evidence) which the Attorney General finds relevant or material to the 
investigation. The attendance of witnesses and the production of 
records may be required from any place in any State or in any territory 
or other place subject to the jurisdiction of the United States at any 
designated place of hearing, except that a witness shall not be 
required to appear at any hearing more than 500 miles distant from the 
place where the witness was served with a subpoena. Witnesses summoned 
under this section shall be paid the same fees and commissions that are 
paid witnesses in the courts of the United States.
    ``(b) Service.--A subpoena issued under this section may be served 
by any person designated in the subpoena to serve it. Service upon a 
natural person may be made by personal delivery of the subpoena to that 
person or by certified mail with return receipt requested. Service may 
be made upon a domestic or foreign corporation or upon a partnership or 
other unincorporated association which is subject to suit under a 
common name, by delivering the subpoena to an officer, to a managing or 
general agent, or any other agent authorized by appointment or by law 
to receive service of process. The affidavit of the person serving the 
subpoena entered on a true copy thereof by the person serving it shall 
be proof of service.
    ``(c) Enforcement.--In the case of contumacy by or the refusal to 
obey a subpoena issued to any person under this section, the Attorney 
General may invoke the aid of any court of the United States within the 
jurisdiction of which the investigation is carried on, or of which the 
person is an inhabitant or in which the person carries on business or 
may be found, to compel compliance with the subpoena. The court may 
issue an order requiring the subpoenaed person to appear before the 
Attorney General to produce records, if so ordered, or to give 
testimony regarding the matter under investigation. Any failure to obey 
the order of the court may be punished by the court as contempt 
thereof. All process in any such case may be served in any judicial 
district in which such person may be found.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 203 of title 18, United States Code, is amended by adding at 
the end the following new item:

``3064. Administrative subpoenas.''.

SEC. 302. KIDNAPPING.

    (a) 24-Hour Rule.--Section 1201(b) of title 18, United States Code, 
is amended by adding at the end the following: ``However, 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 twenty-four hour period has ended.''.
    (b) Jurisdictional Elements.--Section 1201(a) of title 18, United 
States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (4); and
            (2) by adding after paragraph (5) the following:
            ``(6) the mail or any facility or means of interstate or 
        foreign commerce is used in furtherance of the offense; or
            ``(7) the offense affects interstate or foreign commerce, 
        or would do so if the offense were consummated;''.
    (c) Clarification of Element of Offense.--Section 1201(a) of title 
18, United States Code, is amended by inserting ``, regardless of 
whether such person was alive when transported across a State boundary 
provided the person was alive when the transportation began'' before 
the semicolon at the end of paragraph (1).

SEC. 303. AUTHORITY TO INVESTIGATE SERIAL KILLINGS.

    (a) In General.--Chapter 33 of title 28, United States Code, is 
amended by inserting after section 537 the following:
``Sec. 540B. Investigation of serial killings
    ``(a) The Attorney General and the Federal Bureau of Investigation 
may investigate serial killings in violation of the laws of a State or 
political subdivision, when such investigation is requested by the head 
of a law enforcement agency with investigative or prosecutive 
jurisdiction over the offense.
    ``(b) For purposes of this section--
            ``(1) the term `serial killings' means a series of 3 or 
        more killings, at least 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;
            ``(2) the term `killing' means conduct that would 
        constitute an offense under section 1111 of title 18, United 
        States Code, if Federal jurisdiction existed; and
            ``(3) 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) The table of sections at the beginning of chapter 33 of title 
28, United States Code, is amended by adding at end the following new 
item:

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

SEC. 304. MORGAN P. HARDIMAN CHILD ABDUCTION AND SERIAL MURDER 
              INVESTIGATIVE RESOURCES CENTER.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the Attorney General shall establish 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'' (hereinafter in this section referred 
to as the ``CASMIRC'').
    (b) Purpose.--The purpose of this section is to establish a Federal 
Bureau of Investigation Child Abduction and Serial Murder Investigative 
Resources Center managed by the FBI's Critical Incident Response 
Group's National Center for the Analysis of Violent Crime (NCAVC) and 
multidisciplinary resource teams in FBI field offices 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 deems appropriate to carry out the purposes of 
the CASMIRC, including but not limited to--
            (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 Federal Bureau of Investigation's 
        NCAVC in coordination with the National Center For Missing and 
        Exploited Children (NCMEC) and the Office of Juvenile Justice 
        and Delinquency Prevention (OJJDP) 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 FBI 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 where 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 NCMEC, 
        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 NCMEC and 
        OJJDP 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 provide a report to Congress that 
describes the goals and activities of the CASMIRC. The report shall 
also contain information regarding the number and qualifications of the 
members appointed to the CASMIRC, provision for equipment, 
administrative support, and office space for the CASMIRC, and projected 
resource needs for the CASMIRC.
    (f) Authorization of Appropriation.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 1999 and each of the two succeeding fiscal years.
    (g) Conforming Repeal.--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 IV--RESTRICTED ACCESS TO INTERACTIVE COMPUTER SERVICE

SEC. 401. 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 interactive computer service 
without the supervision of an official of the Federal Government.

SEC. 402. 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.--Congress strongly urges State 
Governors, State legislators, and State prison administrators to 
prohibit unsupervised access to the Internet by State prisoners.

SEC. 403. SURVEY.

    (a) Survey.--Not later than 6 months after the date of the 
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) Definition.--For purposes of this section, the term ``State'' 
means each of the 50 States and the District of Columbia.

          TITLE V--SEX OFFENDER MANAGEMENT ASSISTANCE PROGRAM

SEC. 501. GRANTS TO STATES TO OFFSET COSTS ASSOCIATED WITH THE JACOB 
              WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY VIOLENT 
              OFFENDER REGISTRATION ACT.

    (a) In General.--Section 170101 of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended by--
            (1) redesignating the second subsection (g) as subsection 
        (h); and
            (2) adding at the end the following new subsection:
    ``(i) Grants to States to Comply with the Wetterling Act.--
            ``(1) Program authorized.--
                    ``(i) In general.--The Director of the Bureau of 
                Justice Assistance shall award a grant to each eligible 
                State to offset costs directly associated with 
                complying with the Jacob Wetterling Crimes Against 
                Children and Sexually Violent Offender Registration 
                Act. Such grant program shall be known as the ``Sex 
                Offender Management Assistance Program (SOMA)''.
                    ``(ii) Uses of funds.--Grants 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 the Jacob 
                        Wetterling Crimes Against Children and Sexually 
                        Violent Offender Registration Act.
            ``(2) Eligibility.--
                    ``(i) Application.--To be eligible to receive a 
                grant under this subsection, the chief executive of a 
                State shall, on an annual basis, submit an application 
                to the Director of the Bureau of Justice Assistance (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) the Jacob 
                        Wetterling Crimes Against Children and Sexually 
                        Violent Offender Registration Act; and
                            ``(II) where applicable, the State has 
                        penalties comparable to or greater than Federal 
                        penalties for crimes listed in such Act.
                The Director of the Bureau of Justice Assistance may 
                waive the requirement of subclause (II) if a State 
                demonstrates an overriding need for assistance under 
                this subsection.
                    ``(ii) 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 of 
                        the Bureau of Justice Assistance 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 the Violent Crime 
                        Control and Law Enforcement Act of 1994 (Public 
                        Law 103-322). 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.''.
    (b) Study.--The Director of the Bureau of Justice Assistance shall 
conduct a study to assess the efficacy of the SOMA program and submit 
recommendations to Congress not later than March 1, 2000.
    (c) Authorization for Appropriations.--There are authorized to be 
appropriated to carry out subsection (i) of section 170101 of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14211), $25,000,000 for each of fiscal years 1999 and 2000.

  TITLE VI--FACILITATING FINGERPRINT CHECKS TO PROTECT CHILDREN FROM 
                 SEXUAL PREDATORS AND VIOLENT CRIMINALS

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Volunteers for Children Act''.

SEC. 602. ACCESS TO CRIMINAL FINGERPRINT BACKGROUND CHECKS.

    (a) State Agency.--Section 3(a) of the National Child Protection 
Act of 1993 (42 U.S.C. 5119a(a)) is amended by adding at the end the 
following:
    ``(3) In the absence of State procedures referred to in paragraph 
(1), youth-serving volunteer organizations and institutions may contact 
an authorized agency of the State to request national criminal 
fingerprint background checks. Entities requesting background checks 
under this paragraph shall follow the guidelines in subsection (b) and 
procedures, if any, for requesting national criminal fingerprint 
background checks established by the State in which they are located.
    (b) Federal Law.--Section 3(b)(5) of such Act (42 U.S.C. 
5119a(b)(5)) is amended by inserting before the period at the end the 
following: ``, except that this paragraph does not apply to any request 
by youth-serving volunteer organizations and institutions for national 
criminal fingerprint background checks pursuant to subsection (a)(3)''.
    (c) Authorization.--Section 4(b)(2) of such Act (42 U.S.C. 
5119b(b)(2)) is amended by striking ``1994, 1995, 1996, and 1997'' and 
inserting ``1999, 2000, 2001, and 2002''.

                     TITLE VII--MODEL NOTIFICATION

SEC. 701. FINDINGS AND SENSE OF THE CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) States are now required to release certain relevant 
        information to protect the public from sexually violent 
        offenders.
            (2) Many States have not established guidelines regarding 
        the notification and release of a sexually violent offender.
    (b) Sense of the Congress.--It is the sense of the Congress that 
each State should enact legislation based on the model notification 
process described in sections 502 through 514.

SEC. 702. ESTABLISHMENT OF ADVISORY BOARD FOR RISK ASSESSMENT.

    (a) Establishment.--The State shall establish an Advisory Board for 
Risk Assessment (referred to in this title as the ``Board'') which 
consists of not less than five members appointed by the Chief Executive 
Officer of the State.
    (b) Duties.--The Board shall comply with the requirements and 
guidelines established for a State board under section 170101 of the 
Violent Crime Control and Law Enforcement Act of 1994 and the 
provisions of this title.
    (c) Membership.--Each member shall, by experience or training, have 
a personal interest or professional expertise in law enforcement, crime 
prevention, victim advocacy, criminology, psychology, parole, public 
education, or community relations.
    (d) Term.--The term of office of each member of such Board shall be 
determined by the Chief Executive Officer of the State in guidelines 
issued pursuant to this section.
    (e) Vacancy.--Any member chosen to fill a vacancy occurring other 
than by expiration of a term shall be appointed for the remainder of 
the unexpired term.
    (f) Chairperson.--The Chief Executive Officer of the State shall 
designate one of the members of the Board as chairperson to serve in 
such capacity at the pleasure of the Officer or until the member's term 
of office expires and a successor is designated in accordance with law, 
whichever occurs first.
    (g) Termination.--Any member of the Board may be removed by the 
Chief Executive Officer for cause after an opportunity to be heard.
    (h) Quorum.--Except as otherwise provided by law, a majority of the 
Board shall constitute a quorum for the transaction of all business of 
the Board.

SEC. 703. GUIDELINES FOR TIER DETERMINATION.

    (a) In General.--The Chief Executive Officer of the State or a 
designee shall develop guidelines and procedures for use by the Board 
to assess the risk of a repeat offense by such sex offender and the 
threat posed to the public safety. Such guidelines shall be based upon 
the following:
            (1) Criminal history factors indicative of high risk of 
        repeat offense, including--
                    (A) whether the sex offender has a mental 
                abnormality;
                    (B) whether the sex offender's conduct was found to 
                be characterized by repetitive and compulsive behavior, 
                associated with drugs or alcohol;
                    (C) whether the sex offender served the maximum 
                term;
                    (D) whether the sex offender committed the felony 
                sex offense against a child; and
                    (E) the age of the sex offender at the time of the 
                commission of the first sex offense.
            (2) Other factors to be considered in determining risk, 
        including--
                    (A) the relationship between such sex offender and 
                the victims;
                    (B) whether the offense involved the use of a 
                weapon, violence, or infliction of serious bodily 
                injury;
                    (C) the number, date, and nature of prior offenses;
                    (D) conditions of release that minimize risk of 
                another offense, including whether the sex offender is 
                under supervision, receiving counseling, therapy or 
                treatment, or residing in a home situation that 
                provides guidance and supervision;
                    (E) physical conditions that minimize risk of 
                another offense, including advanced age or debilitating 
                illness;
                    (F) whether psychological or psychiatric profiles 
                indicate a risk of recidivism;
                    (G) the sex offender's response to treatment;
                    (H) recent behavior, including behavior while 
                confined;
                    (I) recent threats or gestures against persons or 
                expression of intent to commit additional offenses; and
                    (J) review of any victim impact statement.
    (b) Information Transfer.--
            (1) In general.--Notwithstanding any other provision of 
        law, any State or local correctional facility, hospital, or 
        institution shall forward relevant information pertaining to a 
        sex offender to be discharged, paroled, or released to the 
        Board for review prior to the release or discharge for 
        consideration by the Board in its recommendations. Information 
        shall include the commitment file, medical file, and treatment 
        file pertaining to such person.
            (2) Confidentiality.--All confidential records provided 
        under paragraph (1) shall remain confidential, unless otherwise 
        ordered by a court, by the lawful custodians of the records, or 
        by another person duly authorized to release such information.

SEC. 704. BOARD RECOMMENDATIONS.

    The Board shall use the guidelines established pursuant to section 
503(a) to recommend to an appropriate court of the State one of the 
following 3 levels of notification:
            (1) Tier i.--If the risk of a repeat offense is low, a tier 
        1 designation shall be given to such sex offender. In such case 
        the designated law enforcement agency having jurisdiction and 
        the law enforcement agency having had jurisdiction at the time 
        of his conviction shall be notified in accordance with section 
        170101(b)(4) of the Violent Crime Control and Law Enforcement 
        Act of 1994.
            (2) Tier ii.--If the risk of a repeat offense is moderate, 
        a tier 2 designation shall be given to such sex offender. In 
        such case the designated law enforcement agency having 
        jurisdiction and the law enforcement agency having had 
        jurisdiction at the time of conviction shall be notified and 
        may notify any victim of the proposed release of such offender 
        and any agency, organization, or group, serving individuals who 
        have similar characteristics to the previous victim or victims 
        of such offender. The notification may include the approximate 
        address (by ZIP Code), background information relating to the 
        crime, type of victim targeted, conviction, including release 
        of a photograph of the offender, and any special conditions 
        imposed on the offender.
            (3) Tier iii.--If the risk of a repeat offense is high and 
        there exists a threat to the public safety, a tier 3 
        designation shall be given to such offender. In such case, the 
        appropriate law enforcement agencies shall be notified of such 
        an offender's release and may use the notification procedures 
        described in paragraph (2), except that a precise address may 
        be released and any relevant information necessary to protect 
        the public concerning a specific person required to register 
        under section 170101 of the Violent Crime Control and Law 
        Enforcement Act of 1994 shall be released.

SEC. 705. JUDICIAL DETERMINATION.

    (a) Notification Level.--
            (1) In general.--An appropriate court of the State also 
        shall make a determination with respect to the level of 
        notification, after receiving a tier recommendation from the 
        Board. In making the determination, the court shall review any 
        statement by a victim or victims and any materials submitted by 
        the sex offender. The court shall also allow the sex offender 
        to appear and be heard, and inform the sex offender of the 
        right to have counsel appointed if necessary.
            (2) Appeal.--A sex offender may appeal a determination made 
        by the court made under paragraph (1) in accordance with State 
        law.
            (3) Notification and registration.--The filing of the 
        appeal shall not stay the designated law enforcement agency's 
        notification actions unless the court orders otherwise. Such 
        petition, if granted, shall not relieve the petitioner of the 
        duty to register pursuant to section 170101 of the Violent 
        Crime Control and Law Enforcement Act of 1994 upon conviction 
        of an offense requiring registration in the future.
    (b) Reversal.--Upon the reversal of a conviction of a sexual 
offense, the court shall order the expungement of any records required 
to be kept pursuant to this title.

SEC. 706. PENALTY FOR MISUSE OF REGISTRATION INFORMATION.

    (a) Fine.--Any person who uses information disclosed pursuant to 
this title in violation of the law shall be fined under title 18, 
United States Code, or imprisoned for not more than 5 years, or both.
    (b) Civil Action.--The State attorney general, a district attorney, 
or any person aggrieved by information disclosed in violation of the 
law is authorized to bring a civil action in the appropriate court 
requesting preventive relief, including an application for a permanent 
or temporary injunction, restraining order, or other order against the 
person or group of persons responsible for such action.
    (c) Additional Remedies.--The foregoing remedies shall be 
independent of any other remedies or procedures that may be available 
to an aggrieved party under other provisions of law.

SEC. 707. JUVENILE OFFENDERS.

    (a) In General.--A juvenile residing in a State who has been 
adjudicated delinquent for any sex offense or attempted sex offense, or 
who has been convicted of any sex offense or attempted sex offense, or 
who has been acquitted by reason of insanity for any sex offense or 
attempted sex offense shall be required to comply with the registration 
requirements established pursuant to section 170101 of the Violent 
Crime Control and Law Enforcement Act of 1994.
    (b) Youth Facility.--Any person who is discharged or paroled from a 
facility in another State that is equivalent to a Department of the 
Youth Authority to the custody of such a facility because of the 
commission or attempted commission of specified sex offenses, is 
required to register pursuant to section 170101 of the Violent Crime 
Control and Law Enforcement Act of 1994.

SEC. 708. OFFICIAL IMMUNITY FROM LIABILITY.

    (a) Immunity.--No official, employee, or agency, whether public or 
private, shall be subject to any civil or criminal liability for 
damages for any discretionary decision to release relevant and 
necessary information pursuant to this section, unless it is shown that 
such official, employee, or agency acted with gross negligence or in 
bad faith.
    (b) Information Release.--The immunity provided under this section 
applies to the release of relevant information to other employees or 
officials or to the general public.
    (c) Failure To Release Information.--Nothing in this section shall 
be deemed to impose any civil or criminal liability upon or to give 
rise to a cause of action against any official, employee, or agency, 
whether public or private, for failing to release information as 
authorized in this title unless it is shown that such official, 
employee, or agency acted with gross negligence or in bad faith.

SEC. 709. IDENTITY OF THE VICTIM.

    Any information identifying the victim by name, birth date, 
address, or relation to the registrant shall be excluded from public 
access or dissemination.

SEC. 710. GENERAL STATE REQUIREMENTS.

    The Chief Executive Officer of a State or designee shall establish 
reasonable notification requirements under this title, including 
notification to an offender of any procedures for which the offender is 
required or is permitted to participate, including the hearing process, 
appeal rights, and submission of information to the Board.

SEC. 711. ADVISORY COUNCIL FOR COMMUNITY EDUCATION.

    (a) In General.--The Chief Executive Officer of a State shall 
appoint a voluntary advisory council to design a policy to assist 
communities in which a sex offender resides to plan and prepare for 
such a resident.
    (b) Composition.--Each such advisory council shall include 
representation from--
            (1) law enforcement;
            (2) law enforcement organizations;
            (3) local corrections agencies;
            (4) victims groups; and
            (5) other interested members of the public.
    (c) Duties.--In developing a policy pursuant to subsection (a), an 
advisory council should make recommendations that include--
            (1) the method of distributing community notification 
        information;
            (2) methods of educating community residents at public 
        meetings on how they can use such information to enhance their 
        safety and the safety of their family;
            (3) procedures for ensuring that community members are 
        educated regarding the right of the sex offender not to be 
        subjected to harassment or criminal acts; and
            (4) other matters the council considers necessary to ensure 
        the effective and fair administration of the community 
        notification law.

SEC. 712. EXPUNGEMENT OF OUTDATED INFORMATION.

    In accordance with section 170101 of the Violent Crime Control and 
Law Enforcement Act of 1994, the department required to coordinate the 
sex offender registration program shall compile and update information 
regarding the offenders. Any offender whose duty to register has 
expired or who has been relieved of the duty to register shall be 
removed from any public database.

SEC. 713. EXCEPTIONAL CIRCUMSTANCES.

    Nothing in this title shall be construed to prevent law enforcement 
officers from notifying members of the public of individuals that pose 
a danger under circumstances that are not described in section 170101 
of the Violent Crime Control and Law Enforcement Act of 1994 or under 
this title.

SEC. 714. DEFINITIONS.

    For purposes of this title:
            (1) The term ``criminal offense against a victim who is a 
        minor'' means any criminal offense that consists of--
                    (A) kidnapping of a minor, except by a parent;
                    (B) false imprisonment of a minor, except by a 
                parent;
                    (C) criminal sexual conduct toward a minor;
                    (D) solicitation of a minor to engage in sexual 
                conduct;
                    (E) use of a minor in a sexual performance;
                    (F) solicitation of a minor to practice 
                prostitution;
                    (G) any conduct that by its nature is a sexual 
                offense against a minor; and
                    (H) an attempt to commit an offense described in 
                any of subparagraphs (A) through (H) if the State--
                            (i) makes such an attempt a criminal 
                        offense; or
                            (ii) chooses to include such an offense in 
                        those which are criminal offenses against a 
                        victim who is a minor for purposes of this 
                        section.
        For purposes of this paragraph, conduct which is criminal only 
        because of the age of the victim shall not be considered a 
        criminal offense if the perpetrator is 18 years of age or 
        younger.
            (2) The term ``sexually violent offense'' means any 
        criminal offense that consists of aggravated sexual abuse or 
        sexual abuse (as described in sections 2241 and 2242 of title 
        18, United States Code, or as described in the State criminal 
        code) or an offense that has as its elements engaging in 
        physical contact with another person with intent to commit 
        aggravated sexual abuse or sexual abuse (as described in such 
        sections of title 18, United States Code, or as described in 
        the State criminal code).
            (3) The term ``mental abnormality'' means a congenital or 
        acquired condition of a person that affects the emotional or 
        volitional capacity of the person in a manner that predisposes 
        that person to the commission of criminal sexual acts to a 
        degree that makes the person a menace to the health and safety 
        of other persons.
            (4) The term ``predatory'' means an act directed at a 
        stranger, or a person with whom a relationship has been 
        established or promoted for the primary purpose of 
        victimization.
Any offense committed in another State, which if committed in the State 
at issue would be one of the above enumerated offenses, is considered a 
sexual offense for the purposes of this title.
            (5) The term ``juvenile'' has the meaning given such term 
        under State law.

  TITLE VIII--CHILD HOSTAGE-TAKING TO EVADE ARREST OR OBSTRUCT JUSTICE

SEC. 801. CHILD HOSTAGE-TAKING TO EVADE ARREST OR OBSTRUCT JUSTICE.

    (a) In General.--Chapter 55 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1205. Child hostage-taking to evade arrest or obstruct justice
    ``(a) In General.--Whoever uses force or threatens to use force 
against any officer or agency of the Federal Government, and seizes or 
detains, or continues to detain, a child in order to--
            ``(1) obstruct, resist, or oppose any officer of the United 
        States, or other person duly authorized, in serving, or 
        attempting to serve or execute, any legal or judicial writ, 
        process, or warrant of any court of the United States; or
            ``(2) compel any department or agency of the Federal 
        Government to do or to abstain from doing any act,
or attempts to do so, shall be punished in accordance with subsection 
(b).
    ``(b) Sentencing.--Any person who violates subsection (a)--
            ``(1) shall be imprisoned not less than 10 years and not 
        more than 25 years;
            ``(2) if injury results to the child as a result of the 
        violation, shall be imprisoned not less than 20 years and not 
        more than 35 years; and
            ``(3) if death results to the child as a result of the 
        violation, shall be subject to the penalty of death or be 
        imprisoned for life.
    ``(c) Definition.--For purposes of this section, the term `child' 
means an individual who has not attained the age of 18 years.''.
    (b) Clerical Amendment.--The table of sections for chapter 55 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``1205. Child hostage-taking to evade arrest or obstruct justice.''.

 TITLE IX--CONTINUING THE COMMITMENT OF THE VIOLENCE AGAINST WOMEN ACT

 Subtitle A--Law Enforcement and Prosecution Grants To Combat Violence 
                             Against Women

SEC. 901. PURPOSE OF THE PROGRAM AND GRANTS.

    (a) General Program Purpose.--The purpose of this subtitle is to 
assist States, Indian tribal governments, and units of local government 
to develop and strengthen effective law enforcement and prosecution 
strategies to combat violent crimes against women.
    (b) Purposes for Which Grants May Be Used.--Grants under this 
subtitle shall provide personnel, training, technical assistance, data 
collection and other equipment for the more widespread apprehension, 
prosecution, and adjudication of persons committing violent crimes 
against women, and specifically, for the purposes of--
            (1) training law enforcement officers and prosecutors to 
        more effectively identify and respond to violent crimes against 
        women, including the crimes of sexual assault and domestic 
        violence;
            (2) developing, training, or expanding units of law 
        enforcement officers and prosecutors specifically targeting 
        violent crimes against women, including the crimes of sexual 
        assault and domestic violence;
            (3) developing and implementing more effective police and 
        prosecution policies, protocols, orders, and services 
        specifically devoted to preventing, identifying, and responding 
        to violent crimes against women, including the crimes of sexual 
        assault and domestic violence;
            (4) developing, installing, or expanding data collection 
        and communication systems, including computerized systems, 
        linking police, prosecutors, and courts or for the purpose of 
        identifying and tracking arrests, protection orders, violations 
        of protection orders, prosecutions, and convictions for violent 
        crimes against women, including the crimes of sexual assault 
        and domestic violence;
            (5) developing, enlarging, or strengthening programs 
        addressing stalking;
            (6) developing, enlarging, or strengthening programs 
        addressing the needs and circumstances of Indian tribes in 
        dealing with violent crimes against women, including the crimes 
        of sexual assault and domestic violence; and
            (7) developing, enlarging, or strengthening State court 
        programs, including training for State, local, and tribal 
        judges and court personnel, addressing violent crimes against 
        women, including sexual assault, domestic violence, and 
        stalking.

SEC. 902. STATE GRANTS.

    (a) General Grants.--The Attorney General may make grants to 
States, for use by States, units of local government, and Indian tribal 
governments for the purposes described in section 501(b).
    (b) Amounts.--Of the amounts appropriated for the purposes of this 
subtitle--
            (1) 4 percent shall be available for grants to Indian 
        tribal governments;
            (2) $500,000 shall be available for grants to applicants in 
        each State; and
            (3) the remaining funds shall be available for grants to 
        applicants in each State in an amount that bears the same ratio 
        to the amount of remaining funds as the population of the State 
        bears to the population of all of the States that results from 
        a distribution among the States on the basis of each State's 
        population in relation to the population of all States (not 
        including populations of Indian tribes).
    (c) Qualification.--Upon satisfying the terms of subsection (d), 
any State shall be qualified for funds provided under this subtitle 
upon certification that--
            (1) the funds shall be used for any of the purposes 
        described in section 501(b);
            (2) grantees and subgrantees shall develop a plan for 
        implementation and shall consult and coordinate with nonprofit, 
        nongovernmental victim services programs, including sexual 
        assault and domestic violence victim services programs;
            (3) up to 30 percent shall be allocated to law enforcement, 
        up to 30 percent to prosecution grants, and at least 10 percent 
        to State court systems; and
            (4) any Federal funds received under this subtitle shall be 
        used to supplement, not supplant, non-Federal funds that would 
        otherwise be available for activities funded under this 
        subtitle.
    (d) Application Requirements.--Each application shall include the 
certifications of qualification required by subsection (c). An 
application shall include--
            (1) documentation from the prosecution and law enforcement 
        programs to be assisted, demonstrating--
                    (A) need for the grant funds;
                    (B) intended use of the grant funds;
                    (C) expected results from the use of grant funds; 
                and
                    (D) demographic characteristics of the populations 
                to be served, including age, marital status, 
                disability, race, ethnicity, and language background;
            (2) proof of compliance with the requirements for the 
        payment of forensic medical exams provided in section 505; and
            (3) proof of compliance with the requirements for paying 
        filing and service fees for domestic violence cases provided in 
        section 506.
    (e) Disbursement.--
            (1) In general.--Not later than 60 days after the receipt 
        of an application under this subtitle, the Attorney General 
        shall--
                    (A) disburse the appropriate sums provided for 
                under this subtitle; or
                    (B) inform the applicant why the application does 
                not conform to the requirements of this section.
            (2) Regulations.--In disbursing monies under this subtitle, 
        the Attorney General shall issue regulations to ensure that 
        States will--
                    (A) give priority to areas of varying geographic 
                size with the greatest showing of need based on the 
                availability of existing domestic violence and sexual 
                assault programs in the population and geographic area 
                to be served in relation to the availability of such 
                programs in other such populations and geographic 
                areas;
                    (B) determine the amount of subgrants based on the 
                population and geographic area to be served;
                    (C) equitably distribute monies on a geographic 
                basis including nonurban and rural areas of various 
                geographic sizes;
                    (D) recognize and address the needs of underserved 
                populations; and
                    (E)(i) if, at the end of the 9th month of any 
                fiscal year for which funds are appropriated under 
                section 507, the amounts made available are unspent or 
                unobligated, such unspent or unobligated funds shall be 
                reallotted to the current fiscal year recipients in the 
                victim services area pursuant to section 502(c)(3)) 
                proportionate to their original allotment for the 
                current fiscal year; and
                    (ii) for the first 2 fiscal years following the 
                effective date of this Act, the Attorney General may 
                waive the qualification requirements of section 502(c), 
                at the request of the State and with the support of law 
                enforcement and prosecution grantees currently funded 
                under this section, if the reallocation of funds among 
                law enforcement, prosecution, victims' services, and 
                State court systems mandated by this subtitle adversely 
                impacts victims of sexual assault, domestic violence, 
                and stalking, due to the reduction of funds to programs 
                and services funded under this section in the prior 
                fiscal year.
    (f) Federal Share.--The Federal share of a grant made under this 
subtitle may not exceed 75 percent of the total costs of the projects 
described in the application submitted.
    (g) Indian Tribes.--Funds appropriated by the Congress for the 
activities of any agency of an Indian tribal government or of the 
Bureau of Indian Affairs performing law enforcement functions on any 
Indian lands may be used to provide the non-Federal share of the cost 
of programs or projects funded under this subtitle.
    (h) Grantee Reporting.--
            (1) In general.--Upon completion of the grant period under 
        this subtitle, a State or Indian tribal grantee shall file a 
        performance report with the Attorney General explaining the 
        activities carried out, which report shall include an 
        assessment of the effectiveness of those activities in 
        achieving the purposes of this subtitle.
            (2) Certification by grantee and subgrantees.--A section of 
        the performance report shall be completed by each grantee and 
        subgrantee that performed the direct services contemplated in 
        the application, certifying performance of direct services 
        under the grant.
            (3) Suspension of funding.--The Attorney General shall 
        suspend funding for an approved application if--
                    (A) an applicant fails to submit an annual 
                performance report;
                    (B) funds are expended for purposes other than 
                those described in this subtitle; or
                    (C) a report under paragraph (1) or accompanying 
                assessments demonstrate to the Attorney General that 
                the program is ineffective or financially unsound.
                    (D) for failure to provide documentation, including 
                memoranda of understanding, contract, or other document 
                of any collaborative efforts with other agencies or 
                organizations.

SEC. 903. DEFINITIONS.

    In this subtitle--
            (1) the term ``domestic violence'' includes felony or 
        misdemeanor crimes of violence committed by a current or former 
        spouse of the victim, by a person with whom the victim shares a 
        child in common, by a person who is cohabitating with or has 
        cohabitated with the victim as a spouse, by a person similarly 
        situated to a spouse of the victim under the domestic or family 
        violence laws of the jurisdiction receiving grant monies, or by 
        any other adult person against a victim who is protected from 
        that person's acts under the domestic or family violence laws 
        of the jurisdiction receiving grant monies;
            (2) the term ``Indian country'' has the meaning stated in 
        section 1151 of title 18, United States Code;
            (3) the term ``Indian tribe'' means a tribe, band, pueblo, 
        nation, or other organized group or community of Indians, 
        including any Alaska Native village or regional or village 
        corporation (as defined in, or established pursuant to, the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), 
        that is recognized as eligible for the special programs and 
        services provided by the United States to Indians because of 
        their status as Indians;
            (4) the term ``law enforcement'' means a public agency 
        charged with policing functions, including any of its component 
        bureaus (such as governmental victim services programs);
            (5) the term ``prosecution'' means any public agency 
        charged with direct responsibility for prosecuting criminal 
        offenders, including such agency's component bureaus (such as 
        governmental victim services programs);
            (6) the term ``sexual assault'' means any conduct 
        proscribed by chapter 109A of title 18, United States Code, 
        whether or not the conduct occurs in the special maritime and 
        territorial jurisdiction of the United States or in a Federal 
        prison and includes both assaults committed by offenders who 
        are strangers to the victim and assaults committed by offenders 
        who are known or related by blood or marriage to the victim; 
        and
            (7) the term ``underserved populations'' includes 
        populations underserved because of geographic location (such as 
        rural isolation), underserved racial or ethnic populations, and 
        populations underserved because of special needs, such as 
        language barriers or physical disabilities.

SEC. 904. GENERAL TERMS AND CONDITIONS.

    (a) Nonmonetary Assistance.--In addition to the assistance provided 
under this subtitle, the Attorney General may request any Federal 
agency to use its authorities and the resources granted to it under 
Federal law (including personnel, equipment, supplies, facilities, and 
managerial, technical, and advisory services) in support of State, 
tribal, and local assistance efforts.
    (b) Reporting.--Not later than 180 days after the end of each 
fiscal year for which grants are made under this subtitle, the Attorney 
General shall submit to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate a 
report that includes, for each State and for each grantee Indian 
tribe--
            (1) the number of grants made and funds distributed under 
        this subtitle;
            (2) a summary of the purposes for which those grants were 
        provided and an evaluation of their progress;
            (3) a statistical summary of persons served, detailing the 
        nature of victimization, and providing data on age, sex, 
        relationship of victim to offender, geographic distribution, 
        race, ethnicity, language, and disability; and
            (4) an evaluation of the effectiveness of programs funded 
        under this subtitle.
    (c) Regulations or Guidelines.--Not later than 120 days after the 
date of enactment of this subtitle, the Attorney General shall publish 
proposed regulations or guidelines implementing this subtitle. Not 
later than 180 days after the date of enactment, the Attorney General 
shall publish final regulations or guidelines implementing this 
subtitle.

SEC. 905. RAPE EXAM PAYMENTS.

    (a) Restriction of Funds.--
            (1) In general.--A State, Indian tribal government, or unit 
        of local government, shall not be entitled to funds under this 
        subtitle unless the State, Indian tribal government, unit of 
        local government, or another governmental entity incurs the 
        full out-of-pocket cost of forensic medical exams described in 
        subsection (b) for victims of sexual assault.
            (2) Redistribution.--Funds withheld from a State or unit of 
        local government under paragraph (1) shall be distributed to 
        other States or units of local government pro rata. Funds 
        withheld from an Indian tribal government under paragraph (1) 
        shall be distributed to other Indian tribal governments pro 
        rata.
    (b) Medical Costs.--A State, Indian tribal government, or unit of 
local government shall be deemed to incur the full out-of-pocket cost 
of forensic medical exams for victims of sexual assault if any 
government entity--
            (1) provides such exams to victims free of charge to the 
        victim;
            (2) arranges for victims to obtain such exams free of 
        charge to the victims; or
            (3) reimburses victims for the cost of such exams if--
                    (A) the reimbursement covers the full cost of such 
                exams, without any deductible requirement or limit on 
                the amount of a reimbursement;
                    (B) the reimbursing governmental entity permits 
                victims to apply for reimbursement for not less than 
                one year from the date of the exam;
                    (C) the reimbursing governmental entity provides 
                reimbursement not later than 90 days after written 
                notification of the victim's expense; and
                    (D) the State, Indian tribal government, unit of 
                local government, or reimbursing governmental entity 
                provides information at the time of the exam to all 
                victims, including victims with limited or no English 
                proficiency, regarding how to obtain reimbursement.

SEC. 906. FILING COSTS FOR CRIMINAL CHARGES.

    (a) In General.--A State, Indian tribal government, or unit of 
local government, shall not be entitled to funds under this subtitle 
unless the State, Indian tribal government, or unit of local 
government--
            (1) certifies that its laws, policies, and practices do not 
        require, in connection with the prosecution of any misdemeanor 
        or felony domestic violence offense, that the abused bear the 
        costs associated with the filing of criminal charges against 
        the domestic violence offender, or the costs associated with 
        the issuance or service of a warrant, protection order, or 
        witness subpoena; or
            (2) gives the Attorney General assurances that its laws, 
        policies and practices will be in compliance with the 
        requirements of paragraph (1) within the later of--
                    (A) the period ending on the date on which the next 
                session of the State legislature ends; or
                    (B) two years.
    (b) Redistribution.--Funds withheld from a State, unit of local 
government, or Indian tribal government under subsection (a) shall be 
distributed to other States, units of local government, and Indian 
tribal government, respectively, pro rata.

SEC. 907. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this subtitle 
$185,000,000 for each of fiscal years 2001, 2002, and 2003.

            Subtitle B--Grants to Encourage Arrest Policies

SEC. 911. PROGRAM AUTHORIZED.

    (a) Purpose.--The purpose of this subtitle is to encourage States, 
Indian tribal governments, and units of local government to treat 
domestic violence as a serious violation of criminal law.
    (b) Grant Authority.--The Attorney General may make grants to 
eligible States, Indian tribal governments, or units of local 
government for the following purposes:
            (1) To implement mandatory arrest or proarrest programs and 
        policies in police departments, including mandatory arrest 
        programs and policies for protection order violations.
            (2) To develop policies and training in police departments 
        to improve tracking of cases involving domestic violence.
            (3) To centralize and coordinate police enforcement, 
        prosecution, or judicial responsibility for domestic violence 
        cases in groups or units of police officers, prosecutors, or 
        judges.
            (4) To coordinate computer tracking systems to ensure 
        communication between police, prosecutors, and both criminal 
        and family courts.
            (5) To educate judges in criminal and other courts about 
        domestic violence and to improve judicial handling of such 
        cases.
    (c) Eligibility.--Eligible grantees are States, Indian tribal 
governments, or units of local government that--
            (1) certify that their laws or official policies--
                    (A) encourage or mandate arrests of domestic 
                violence offenders based on probable cause that an 
                offense has been committed; and
                    (B) encourage or mandate arrest of domestic 
                violence offenders who violate the terms of a valid and 
                outstanding protection order;
            (2) demonstrate that their laws, policies, or practices and 
        their training programs discourage dual arrests of offender and 
        victim;
            (3) certify that their laws, policies, or practices 
        prohibit issuance of mutual restraining orders of protection 
        except in cases where both spouses file a claim and the court 
        makes detailed findings of fact indicating that both spouses 
        acted primarily as aggressors and that neither spouse acted 
        primarily in self-defense; and
            (4) certify that their laws, policies, or practices do not 
        require, in connection with the prosecution of any misdemeanor 
        or felony domestic violence offense, that the abused bear the 
        costs associated with the filing of criminal charges or the 
        service of such charges on an abuser, or that the abused bear 
        the costs associated with the issuance or service of a warrant, 
        protection order, or witness subpoena.

SEC. 912. APPLICATIONS.

    (a) Application.--An eligible grantee shall submit an application 
to the Attorney General that--
            (1) contains a certification by the chief executive officer 
        of the State, Indian tribal government, or local government 
        entity that the conditions of section 511(c) are met or will be 
        met within the later of--
                    (A) the period ending on the date on which the next 
                session of the State or Indian tribal legislature ends; 
                or
                    (B) two years of the date of enactment of this Act;
            (2) describes plans to further the purposes stated in 
        section 511(a);
            (3) identifies the agency or office or groups of agencies 
        or offices responsible for carrying out the program; and
            (4) includes documentation from nonprofit, private sexual 
        assault and domestic violence programs demonstrating their 
        participation in developing the application, and identifying 
        such programs in which such groups will be consulted for 
        development and implementation.
    (b) Priority.--In awarding grants under this subtitle, the Attorney 
General shall give priority to applicants that--
            (1) do not currently provide for centralized handling of 
        cases involving domestic violence by police, prosecutors, and 
        courts; and
            (2) demonstrate a commitment to strong enforcement of laws, 
        and prosecution of cases, involving domestic violence.

SEC. 913. REPORTS.

    Each grantee receiving funds under this subtitle shall submit a 
report to the Attorney General evaluating the effectiveness of projects 
developed with funds provided under this subtitle and containing such 
additional information as the Attorney General may prescribe.

SEC. 914. REGULATIONS OR GUIDELINES.

    Not later than 120 days after the date of enactment of this Act, 
the Attorney General shall publish proposed regulations or guidelines 
implementing this subtitle. Not later than 180 days after the date of 
enactment of this Act, the Attorney General shall publish final 
regulations or guidelines implementing this subtitle.

SEC. 915. DEFINITIONS.

    For purposes of this subtitle--
            (1) the term ``domestic violence'' includes acts or threats 
        of violence, not including acts of self-defense, committed by a 
        current or former spouse of the victim, by a person with whom 
        the victim shares a child in common, by a person who is 
        cohabitating with or has cohabitated with the victim, by a 
        person who is or has been in a continuing social relationship 
        of a romantic or intimate nature with the victim, by a person 
        similarly situated to a spouse of the victim under the domestic 
        or family violence laws of the jurisdiction, or by any other 
        person against a victim who is protected from that person's 
        acts under the domestic or family violence laws of the 
        jurisdiction; and
            (2) the term ``protection order'' includes any injunction 
        issued for the purpose of preventing violent or threatening 
        acts of domestic violence, including temporary and final orders 
        issued by civil or criminal courts (other than support or child 
        custody orders or provisions) whether obtained by filing an 
        independent action or as a pendente lite order in another 
        proceeding.

SEC. 916. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
subtitle--
            (1) $63,000,000 for fiscal year 1999;
            (2) $67,000,000 for fiscal year 2000;
            (3) $70,000,000 for fiscal year 2001;
            (4) $70,000,000 for fiscal year 2002; and
            (5) $70,000,000 for fiscal year 2003.

         TITLE X--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

SEC. 1001. DEFENSE TO CRIMINAL CUSTODIAL INTERFERENCE OR PARENTAL 
              ABDUCTION CHARGE.

    Section 1073 of title 18, United States Code, is amended by 
striking ``Whoever moves'' and inserting ``(a) Whoever moves'' and by 
adding at the end the following:
    ``(b) For any charge of parental abduction, of custodial 
interference, or of felony criminal contempt of court related to an 
underlying child custody or visitation determination, that would 
otherwise provide a basis for prosecution under this section, it shall 
be a defense to such prosecution that the individual against whom this 
section is invoked--
            ``(1) acted pursuant to the provisions of a court order 
        valid when and where issued--
                    ``(A) which granted the defendant legal custody or 
                visitation rights;
                    ``(B) which was obtained in compliance with section 
                1738A of title 28;
                    ``(C) which is not inconsistent with such section 
                or with the Uniform Child Custody Jurisdiction 
                Enforcement Act as promulgated by the Uniform Law 
                Commissioners; and
                    ``(D) which was in effect at the time the defendant 
                left the State;
            ``(2) was fleeing an incident or pattern of domestic 
        violence or sexual assault of the child, which had been 
        previously reported to law enforcement authorities; or
            ``(3) would otherwise have a defense under the terms of the 
        International Parental Kidnapping Prevention Act (18 U.S.C. 
        1204).
    ``(c) The Attorney General shall issue guidance to assist the 
United States Attorneys and the Federal Bureau of Investigation in 
determining when to decline to initiate or to terminate an 
investigation or prosecution under subsection (b) due to the potential 
availability of any defense.''.

SEC. 1002. FULL FAITH AND CREDIT GIVEN TO CHILD CUSTODY DETERMINATIONS.

    (a) Section Intent.--Section 1738A(a) of title 28, United States 
Code, is amended by adding at the end the following: ``This section is 
intended to preempt any inconsistent State law and to apply to every 
proceeding in the United States or its territories that is not governed 
by inconsistent aspects of any treaty to which the United States 
Government is a signatory or has ratified that involves custody and 
visitation concerning a minor child. Any provisions of a protection 
order regarding the custody and visitation of a minor child, whether 
consensual or not, otherwise consistent with section 2265 of title 18 
and with this section shall be given full faith and credit by the 
courts of any State where the party who sought the order seeks 
enforcement.''.
    (b) Definitions.--Section 1738A(b) of such title is amended--
            (1) by inserting after paragraph (3) the following:
            ``(4) `domestic violence' includes acts or threats of 
        violence, not including acts of self defense, committed by a 
        current or former spouse of the victim, by a person with whom 
        the victim shares a child in common, by a person who is 
        cohabitating with or has cohabitated with the victim, by a 
        person who is or has been in a continuing social relationship 
        of a romantic or intimate nature with the victim, by a person 
        similarly situated to a spouse of the victim under the domestic 
        or family violence laws of the jurisdiction, or by any other 
        person against a victim who is protected from that person's 
        acts under the domestic or family violence laws of the 
        jurisdiction;
            ``(5) `sexual assault' means any conduct proscribed by 
        chapter 109A of title 18, United States Code, whether or not 
        the conduct occurs in the special maritime and territorial 
        jurisdiction of the United States or in a Federal prison and 
        includes both assaults committed by offenders who are strangers 
        to the victim and assaults committed by offenders who are known 
        to the victim or related by blood or marriage to the victim;'';
            (2) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (6), (7), and (8), respectively;
            (3) by redesignating paragraph (7) as paragraph (9) and by 
        striking ``and'' after the semicolon;
            (4) by inserting after paragraph (9) (as so redesignated) 
        the following:
            ``(10) `predominant aggressor' means the individual who has 
        been determined to be the principal perpetrator of violence, by 
        factors including--
                    ``(A) history of domestic violence;
                    ``(B) relative severity of the injuries inflicted 
                on each person;
                    ``(C) the likelihood of future injury to each 
                person;
                    ``(D) whether one of the persons acted in self-
                defense; and
                    ``(E) the degree to which one of the persons has 
                acted with more deliberate intent to control, isolate, 
                intimidate, emotionally demean, or cause severe pain or 
                injury, or fear of harm to the other or a third 
                person''; and
            (5) by redesignating paragraph (8) as paragraph (11).
    (c) Condition for Custody Determination.--Section 1738A(c)(2)(C) of 
such title is amended--
            (1) by striking ``he'' and inserting ``the child, or a 
        sibling or parent of the child,''; and
            (2) by inserting ``, including acts of domestic violence by 
        the other parent'' after ``abuse''.
    (d) Jurisdiction.--Section 1738A(d) of such title is amended by 
inserting before the period at the end the following: ``, except that 
after 2 years have passed while a child is living in another State 
after relocation due to domestic violence or sexual assault of the 
child, the court of the original State shall decline jurisdiction 
provided that the courts of the new State would have personal 
jurisdiction over the other parent under that State's law''.
    (e) Child Custody Determinations.--Section 1738A of such title is 
amended by adding at the end the following:
    ``(h) A court may decline to exercise jurisdiction on behalf of a 
parent who has engaged in domestic violence as a predominant aggressor, 
if a court of another State has emergency jurisdiction under subsection 
(c)(2)(C)(ii). A court may decline to exercise jurisdiction on behalf 
of a parent who has wrongfully taken the child from a State without 
justification, or engaged in similar unjustifiable conduct, unless no 
other State would have jurisdiction under any provision of subsection 
(c).

                  TITLE XI--SEXUAL ASSAULT PREVENTION

   Subtitle A--Standards, Practice, and Training for Sexual Assault 
                              Examinations

SEC. 1101. SHORT TITLE.

    This subtitle may be cited as the ``Standards, Practice, and 
Training for Sexual Assault Examinations Act''.

SEC. 1102. STANDARDS, PRACTICE, AND TRAINING FOR SEXUAL ASSAULT 
              EXAMINATIONS.

    (a) In General.--The Attorney General shall--
            (1) evaluate existing standards of training and practice 
        for licensed health care professionals performing sexual 
        assault forensic examinations and develop a national 
        recommended standard for training;
            (2) recommend sexual assault examination training for all 
        health care students to improve the recognition of injuries 
        suggestive of rape and sexual assault and baseline knowledge of 
        appropriate evidence collection; and
            (3) review existing national, State, and local protocols on 
        sexual assault for forensic examinations, and based on this 
        review, develop a recommended national protocol, and establish 
        a mechanism for its nationwide dissemination.
    (b) Consultation.--The Attorney General shall consult with 
national, State, and local experts in the area of rape and sexual 
assault, including but not limited to, rape crisis centers, State 
sexual assault and domestic violence coalitions and programs, criminal 
justice, forensic nursing, forensic science, emergency room medicine, 
law, social services, sex crimes in underserved communities as defined 
in 42 U.S.C. 3796gg-2(7).
    (c) Report.--The Attorney General shall ensure that no later than 1 
year after the date of enactment of this Act, a report of the 
directives in subsection (a) is submitted to Congress.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $200,000 for fiscal year 1999.

  Subtitle B--Prevention of Custodial Sexual Assault by Correctional 
                                 Staff

SEC. 1111. SHORT TITLE.

    This subtitle may be cited as the ``Prevention of Custodial Sexual 
Assault by Correctional Staff Act''.

SEC. 1112. FINDINGS.

    Congress finds the following:
            (1) According to an extensive 1996 report by the Women's 
        Rights Project of Human Rights Watch, sexual abuse of women 
        prisoners by correctional officers is a serious problem in our 
        Nation's prisons, jails, and correctional facilities.
            (2) Custodial sexual assault of women by correctional 
        officers includes documented incidents of vaginal, oral, and 
        anal rape.
            (3) Because correctional officers wield near absolute power 
        over female prisoners, officers may abuse that power to 
        sexually assault and abuse female prisoners, as well as engage 
        in constant groping, harassment, and other abuse.

SEC. 1113. ESTABLISHMENT OF PREVENTION PROGRAM.

    (a) Program Guidelines.--
            (1) In general.--The Attorney General shall establish 
        guidelines for States and disseminate such information to the 
        States regarding the prevention of custodial sexual misconduct 
        by correctional staff.
            (2) Requirements.--Such guidelines shall include 
        requirements that--
                    (A) prohibit a State department of corrections from 
                hiring correctional staff who have been convicted on 
                criminal charges, or found liable in civil suits, for 
                custodial sexual misconduct; and
                    (B) each State department of corrections maintain 
                databases, including the names and identifying 
                information of individuals who have been convicted on 
                criminal charges or found liable in civil suits for 
                custodial sexual misconduct and to check these 
                databases prior to hiring any correctional staff.
            (3) National database.--This information shall also be 
        submitted to the Department of Justice where it will be 
        maintained and updated on a national database.
    (b) Release of Information.--The information collected under 
subsection (a)(2) shall be treated as private data except that--
            (1) such information may be disclosed to law enforcement 
        agencies for law enforcement purposes;
            (2) such information may be disclosed to government 
        agencies conducting confidential background checks; and
            (3) the designated State law enforcement agency and any 
        local law enforcement agency authorized by the State agency may 
        release relevant information that is necessary to protect 
        prisoners concerning a specific person whose name is included 
        in the database, except that the identity of a victim of an 
        offense that requires information to be maintained under this 
        section shall not be released.
    (c) Immunity for Good Faith Conduct.--Law enforcement agencies, 
employees of law enforcement agencies, and State officials shall be 
immune from criminal or civil liability for good faith conduct in 
releasing information under this section.
    (d) Ineligibility for Funds.--
            (1) In general.--A State that fails to implement the 
        program as described under this section shall not receive 10 
        percent of the funds that would otherwise be allocated to the 
        State under subtitle A of title II of the Violent Crime Control 
        and Law Enforcement Act of 1994 (42 U.S.C. 13701).
            (2) Reallocation.--Any funds that are not allocated for 
        failure to comply with this section shall be reallocated to 
        States that comply with this section.
            (3) Compliance date.--Each State shall have not more than 3 
        years from the date of enactment of this Act in which to 
        implement this section, except that the Attorney General may 
        grant an additional 2 years to a State that is making good 
        faith efforts to implement this section.

SEC. 1114. DEFINITIONS.

    For purposes of this subtitle--
            (1) the term ``correctional staff'' means any employee, 
        contractual employee, volunteer, or agent of a correctional 
        department who is working in any contact position with any 
        prisoners under the jurisdiction of that department; and
            (2) the term ``custodial sexual misconduct'' means any 
        physical contact, directly or through the clothing, with the 
        sexual or intimate parts of a person for the purpose of sexual 
        gratification of either party, when the--
                    (A) parties involved are a person in custody of a 
                correctional department and a member of the 
                correctional staff; or
                    (B) contact occurs under circumstances of coercion, 
                duress, or threat of force by a member of the 
                correctional staff.

         TITLE XII--FULL FAITH AND CREDIT FOR PROTECTION ORDERS

SEC. 1201. FULL FAITH AND CREDIT FOR PROTECTION ORDERS.

    (a) Section 2265 of title 18, United States Code, is amended by 
adding at the end the following:
    ``(d) Formula Grant Reduction for Noncompliance.--
            ``(1) Reduction.--The Attorney General shall reduce by 10 
        percent (for redistribution to other participating States that 
        comply with subsections (a) and (b)) the amount a State would 
        receive under subpart 1 of part E of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 if such State fails 
        to comply with the requirements of subsections (a), (b), and 
        (c).
            ``(2) Effective date.--The Attorney General may begin to 
        reduce funds described in paragraph (1) on the first day of 
        each fiscal year succeeding the first fiscal year beginning 
        after the date of the enactment of this subsection.
    ``(e) Registration.--Nothing in this section shall require prior 
filing or registration of a protection order in the enforcing State in 
order to secure enforcement pursuant to subsection (a). Nothing in this 
section shall permit a State to notify the party against whom the order 
has been made that a protection order has been registered and/or filed 
in that State.''
    ``(f) Notice.--Nothing in this section shall require notification 
of the party against whom the order was made in order to secure 
enforcement by a law enforcement officer pursuant to subsection (a).''.
    (b) Definitions.--Section 2266 of title 18, United States Code, is 
amended--
            (1) by inserting ``issued pursuant to State divorce and 
        child custody codes'' after ``custody orders''; and
            (2) by adding ``Custody and visitation provisions in 
        protection orders are subject to the mandates of this 
        chapter.'' after ``seeking protection.''.
    (b) Compliance--Full Faith and Credit.--Within 180 days, the 
Attorney General shall issue regulations to determine whether a State 
is in compliance with 18 U.S.C. 2265(a), (b), and (c), taking into 
account the following factors:
            (1) The State's documented good faith efforts to ensure 
        compliance by judicial, law enforcement, and other State 
        officials, including the extent and nature of any training 
        programs, outreach, and other activities.
            (2) The degree to which any case of noncompliance by a 
        State official represents an isolated incident, rather than a 
        pattern of nonenforcement.
            (3) Any barriers to compliance presented by outdated 
        technology, recordkeeping problems, or similar issues, and the 
        State's documented good faith efforts to removing those 
        barriers.

SEC. 1202. GRANT PROGRAM.

    (a) In General.--The Attorney General may provide grants to assist 
States, Indian tribal governments, and units of local government to 
develop and strengthen effective law enforcement and recordkeeping 
strategies to assist States, Indian tribal governments, and units of 
local government to enforce protective orders issued by other States, 
Indian tribal governments, or units of local government.
    (b) Uses of Funds.--
            (1) In general.--Grants under this section shall provide 
        training and enhanced technology compatible with existing law 
        enforcement systems including the National Crime Information 
        Center to enforce protection orders.
            (2) Uses of funds.--Funds received under this section may 
        be used to train law enforcement, prosecutors, court personnel, 
        and others responsible for the enforcement of protection 
        orders, and to develop, install, or expand data collection and 
        communication systems, including computerized systems, linking 
        police, prosecutors, and courts for the purpose of identifying 
        and tracking protection orders and violations of protection 
        orders and training.
    (c) Authorization of Appropriations.--There are authorized to carry 
out this section, $5,000,000 for each of fiscal years 1999, 2000, 2001, 
2002, and 2003.

TITLE XIII--FEDERAL WITNESS PROTECTION FOR VICTIMS OF DOMESTIC VIOLENCE

SEC. 1301. WITNESS PROTECTION.

    (a) In General.--Section 3521(a)(1) of title 18, United States 
Code, is amended by inserting ``or of a victim of an offense set forth 
in chapter 110A of this title directed at victims of domestic 
violence,'' after ``other serious offense,''.
    (b) Other Actions.--Section 3521(b)(1) of title 18, United States 
Code, is amended by inserting ``or a victim of domestic violence,'' 
after ``potential witness,''.
    (c) Guidelines.--Not later than 180 days after the date of 
enactment of this section, the Attorney General shall establish 
guidelines for determining eligibility for the Federal witness 
protection program of persons who are eligible for that program under 
the amendment made by subsection (a).

   TITLE XIV--CIVILIAN JURISDICTION FOR CRIMES OF SEXUAL ASSAULT AND 
                           DOMESTIC VIOLENCE

SEC. 1401. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES BY 
              PERSONS ACCOMPANYING THE ARMED FORCES.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 211 the following new chapter:

``CHAPTER 212--DOMESTIC VIOLENCE AND SEXUAL ASSAULT OFFENSES COMMITTED 
                       OUTSIDE THE UNITED STATES

``Sec.
``3261. Domestic violence and sexual assault offenses committed by 
                            persons formerly serving with, or presently 
                            employed by or accompanying, the Armed 
                            Forces outside the United States.
``3262. Definitions for chapter.
``Sec. 3261. Domestic violence and sexual assault offenses committed by 
              persons formerly serving with, or presently employed by 
              or accompanying, the Armed Forces outside the United 
              States
    ``(a) In General.--Whoever, while serving with, employed by, or 
accompanying the Armed Forces outside of the United States, engages in 
conduct that would constitute a misdemeanor or felony domestic violence 
or sexual assault offense, if the conduct had been engaged in within 
the special maritime and territorial jurisdiction of the United States, 
shall be subject to prosecution in the Federal District Court of the 
jurisdiction of origin.
    ``(b) Concurrent Jurisdiction.--Nothing contained in this chapter 
deprives courts-martial, military commissions, provost courts, or other 
military tribunals of concurrent jurisdiction with respect to offenders 
or offenses that by statute or by the law of war may be tried by 
courts-martial, military commissions, provost courts, or other military 
tribunals.
    ``(c) Action by Foreign Government.--No prosecution may be 
commenced under this section if a foreign government, in accordance 
with jurisdiction recognized by the United States, has prosecuted or is 
prosecuting such person for the conduct constituting such offense, 
except upon the approval of the Attorney General of the United States 
or the Deputy Attorney General of the United States (or a person acting 
in either such capacity), which function of approval shall not be 
delegated.
``Sec. 3262. Definitions for chapter
    ``As used in this chapter--
            ``(1) the term `Armed Forces' has the same meaning as in 
        section 101(a)(4) of title 10;
            ``(2) a person is `employed by the Armed Forces outside of 
        the United States' if the person--
                    ``(A) is employed as a civilian employee of the 
                Department of Defense, as a Department of Defense 
                contractor, or as an employee of a Department of 
                Defense contractor;
                    ``(B) is present or residing outside of the United 
                States in connection with such employment; and
                    ``(C) is not a national of the host nation; and
            ``(3) a person is `accompanying the Armed Forces outside of 
        the United States' if the person--
                    ``(A) is a dependent of a member of the Armed 
                Forces;
                    ``(B) is a dependent of a civilian employee of the 
                Department of Defense;
                    ``(C) is residing with the member or civilian 
                employee outside of the United States; and
                    ``(D) is not a national of the host nation.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part II of title 18, United States Code, is amended by inserting after 
the item relating to chapter 211 the following:

``212. Domestic Violence and Sexual Assault Offenses            3261''.
                            Committed Outside the United 
                            States.

     TITLE XV--PREVENTING VIOLENCE AGAINST WOMEN IN TRADITIONALLY 
                        UNDERSERVED COMMUNITIES

SEC. 1501. ELDER ABUSE, NEGLECT, AND EXPLOITATION.

    (a) Definitions.--In this section:
            (1) In general.--The terms ``elder abuse, neglect, and 
        exploitation'', ``domestic violence'', and ``older individual'' 
        have the meanings given the terms in section 102 of the Older 
        Americans Act of 1965 (42 U.S.C. 3002).
            (2) Sexual assault.--The term ``sexual assault'' has the 
        meaning given the term in section 2003 of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).
    (b) Curricula.--The Attorney General shall develop curricula and 
offer, or provide for the offering of, training programs to assist law 
enforcement officers and prosecutors in recognizing, addressing, 
investigating, and prosecuting instances of elder abuse, neglect, and 
exploitation, including domestic violence, and sexual assault, against 
older individuals.
    (c) Authorization.--There are authorized to be appropriated such 
sums as may be necessary to carry out this subtitle.

   TITLE XVI--VIOLENCE AGAINST WOMEN TRAINING FOR HEALTH PROFESSIONS

SEC. 1601. SHORT TITLE.

    This title may be cited as the ``Violence Against Women Training 
for Health Professions Act''.

SEC. 1602. DOMESTIC VIOLENCE AND SEXUAL ASSAULT FORENSIC EVIDENCE.

    (a) In general.--In the case of a health professions, the Attorney 
General shall award grants and contracts, giving preference to any such 
entity (if otherwise a qualified applicant for the award involved) that 
has in effect the requirement that, as a condition of receiving a 
degree or certificate (as applicable) from the entity, each student 
have had significant training developed in consultation and 
collaboration with national, State, and local domestic violence and 
sexual assault coalitions and programs in carrying out the following 
functions as a provider of health care:
            (1) Identifying victims of domestic violence and sexual 
        assault, and maintaining complete medical records that include 
        documentation of the examination, treatment given, and 
        referrals made, and recording the location and nature of the 
        victim's injuries.
            (2) Examining and treating such victims, within the scope 
        of the health professional's discipline, training, and 
        practice.
    (b) Relevant health professions entities.--For purposes of 
paragraph (1), a health professions entity specified in this paragraph 
is any entity that is a school of medicine, a school of osteopathic 
medicine, a graduate program in mental health practice, a school of 
nursing, a program for the training of physician assistants, or a 
program for the training of allied health professionals.
    (c) Report to congress.--Not later than 2 years after the date of 
the enactment of the Violence Against Women Training for Health 
Professions Act, the Attorney General shall submit to the House of 
Representatives, and the Senate, a report specifying the health 
professions entities that are receiving grants or contracts under this 
section; the number of hours of training required by the entities for 
purposes of such paragraph; the extent of clinical experience so 
required; and the types of courses through which the training is being 
provided, including the extent of involvement of nonprofit 
nongovernmental domestic violence and sexual assault victims services 
programs in the training.
    (d) Definitions.--For purposes of this section--
            (1) the term ``domestic violence'' includes acts or threats 
        of violence, not including acts of self defense, committed by a 
        current or former spouse of the victim, by a person with whom 
        the victim shares a child in common, by a person who is 
        cohabitating with or has cohabitated with the victim, by a 
        person who is or has been in a continuing social relationship 
        of a romantic or intimate nature with the victim, by a person 
        similarly situated to a spouse of the victim under the domestic 
        or family violence laws of the jurisdiction, or by any other 
        person against a victim who is protected from that person's 
        acts under the domestic or family violence laws of the 
        jurisdiction; and
            (2) the term ``sexual assault'' means any conduct 
        proscribed by chapter 109A of title 18, United States Code, 
        whether or not the conduct occurs in the special maritime and 
        territorial jurisdiction of the United States or in a Federal 
        prison and includes both assaults committed by offenders who 
        are strangers to the victim and assaults committed by offenders 
        who are known to the victim or related by blood or marriage to 
        the victim.

   TITLE XVII--VIOLENCE AGAINST WOMEN INTERVENTION, PREVENTION, AND 
                           EDUCATION RESEARCH

     Subtitle A--Violence Against Women Prevention, Detection and 
                         Investigation Research

SEC. 1701. FINDINGS.

    (a) Findings.--Congress finds the following:
            (1) According to a Panel on Research on Violence Against 
        Women convened by the National Research Council in response to 
        the mandates by the Violence Against Women Act of 1994--
                    (A) significant gaps exist in understanding the 
                extent and causes of violence against women and the 
                impact and the effectiveness of education, prevention, 
                and interventions;
                    (B) funding for research on violence against women 
                is spread across numerous Federal agencies with no 
                mechanism through which to coordinate these efforts or 
                to link with other federally sponsored research 
                initiatives; and
                    (C) research on violence against women would 
                benefit from an infrastructure that supports 
                interdisciplinary efforts and aids in integrating these 
                efforts into practice and policy.
            (2) Despite the increased funding to prevent and respond to 
        violence against women in underserved populations, few studies 
        have examined incidence and prevalence data from the 
        perspective of racial, ethnic, language, age, disability, and 
        other underserved populations. Moreover, little is known about 
        the types of prevention, detection, and investigation 
        strategies that are most effective in underserved populations.
            (3) Most studies currently focus on aspects of domestic 
        violence related to physical abuse. Few studies explore the 
        harm caused by emotional and psychological abuse and the 
        appropriate prevention, detection, and investigation strategies 
        for victims experiencing this form of abuse.
            (4) Violence exposure as a risk factor for disease must be 
        examined for a range of diseases and diagnoses to better 
        understand the correlation between violence and disease 
        including intervening variables.
            (5) Violence against women occurs within the context of a 
        sociocultural environment that should be studied to assist in a 
        greater understanding of those factors that promote and 
        maintain violence against women and to provide a framework for 
        developing and assessing education, prevention, and 
        intervention strategies.

SEC. 1702. TASK FORCE.

    (a) Purposes.--The Attorney General shall establish a task force to 
coordinate research on violence against women. The task force shall 
comprise representation from all Federal agencies that fund such 
research.
    (b) Uses of Funds.--Funds appropriated under this section shall be 
used to--
            (1) develop a coordinated strategy to strengthen research 
        focussed on education, prevention, and intervention strategies 
        on violence against women;
            (2) track and report on all Federal research and 
        expenditures on violence against women;
            (3) identify gaps in research and develop criteria for all 
        Federal agencies for evaluating research proposals, taking into 
        account the context within which women live their lives, 
        including the broad social and cultural context as well as 
        individual factors; and
            (4) set priorities for research efforts that explore 
        factors such as race, social, and economic class, geographic 
        location, age, language, sexual orientation, disability, and 
        other factors that result in violent crimes against women.
    (c) Authorization of Appropriation.--There shall be appropriated 
$500,000 for each of fiscal years 1999, 2000, and 2001 to fulfill the 
purposes of this section.

SEC. 1703. PREVENTION, DETECTION, AND INVESITIGATION RESEARCH GRANTS.

    (a) Purposes.--The Department of Justice shall make grants to 
entities, including domestic violence and sexual assault organizations, 
research organizations, and academic institutions, to support research 
to further the understanding of the causes of violent behavior against 
women and to evaluate prevention, detection, and investigation 
programs.
    (b) Use of Funds.--The research conducted under this section shall 
include, but not be limited to the following areas and others that may 
be identified by the Task Force established under section 1702 of this 
title--
            (1) longitudinal research to study the developmental 
        trajectory of violent behavior against women and the way such 
        violence differs from other violent behaviors;
            (2) examination of risk factors for sexual and intimate 
        partner violence for victims and perpetrators, such as poverty, 
        childhood victimization and other traumas;
            (3) examination of short- and long-term efforts of programs 
        designed to prevent sexual and intimate partner violence;
            (4) outcome evaluations of interventions targeted at 
        children and teenagers;
            (5) examination of and documentation of the processes and 
        informal strategies women experience in attempting to manage 
        and end the violence in their lives; and
            (6) development and testing of effective methods of 
        screening and providing services at all points of entry to the 
        health care system, including mental health, emergency 
        medicine, and primary care.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $6,000,000 for each of the fiscal years 1999, 2000, and 
2001 to carry out this section.

SEC. 1704. ADDRESSING GAPS IN RESEARCH.

    (a) Purposes.--The Department of Justice shall make grants to 
domestic violence and sexual assault organizations, research 
organizations and academic institutions for the purpose of expanding 
knowledge about violence against women, with a particular emphasis on 
exploring such issues as they affect underserved communities.
    (b) Uses of Funds.--Funds appropriated under this section shall be 
used to examine, but not be limited to, the following areas--
            (1) development of national- and community-level survey 
        studies to measure the incidence and prevalence of violence 
        against women in underserved populations and the definitions 
        women use to describe their experience of violence;
            (2) qualitative and quantitative research to understand how 
        factors such as race, ethnicity, socioeconomic status, age, 
        language, disability, and sexual orientation that result in 
        violent crimes against women;
            (3) study of the availability and accessibility of State 
        and local legal remedies to victims of intimate partner 
        violence within the context of a same sex intimate 
        relationship;
            (4) the use of nonjudicial alternative dispute resolution 
        (such as mediation, negotiation, conciliation, and restorative 
        justice models) in cases where domestic violence is a factor, 
        comparing nonjudicial alternative dispute resolution and 
        traditional judicial methods based upon the quality of 
        representation of the victim, training of mediators or other 
        facilitators, satisfaction of the parties, and outcome of the 
        proceedings, as well as other factors that may be identified; 
        and
            (5) other such research as may be determined by the Task 
        Force established under section 1702 in consultation with 
        domestic violence and sexual assault advocates, coalitions, 
        national experts, and researchers.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated $4,500,000 for each of fiscal years 1999, 2000, and 2001 
to carry out this section.

SEC. 1705. STUDY.

    The United States Sentencing Commission shall study the following 
and report to the Congress--
            (1) sentences given to persons incarcerated in Federal and 
        State prison for assault or homicide crimes in which the 
        relationship to the victim was a spouse, former spouse, or 
        intimate partner;
            (2) the effect of illicit drugs and alcohol on domestic 
        violence and the sentences imposed for offenses involving such 
        illicit drugs and alcohol where domestic violence occurred;
            (3) the extent to which acts of domestic violence committed 
        against the defendant, including coercion, may play a role in 
        the commission of an offense;
            (4) analysis delineated by race, gender, type of offense, 
        and any other categories that would be useful for understanding 
        the problem; and
            (5) recommendations with respect to the offenses described 
        in this section particularly any basis for a downward 
        adjustment in any applicable guidelines determination.

SEC. 1706. STATUS REPORT ON LAWS REGARDING RAPE AND SEXUAL ASSAULT 
              OFFENSES.

    (a) Study.--The Attorney General, in consultation with national, 
State, and local domestic violence and sexual assault coalitions and 
programs, including, nationally recognized experts on sexual assault, 
such as from the judiciary, the legal profession, psychological 
associations, and sex offender treatment providers, shall conduct a 
national study to examine the status of the law with respect to rape 
and sexual assault offenses and the effectiveness of the implementation 
of laws in addressing such crimes and protecting their victims. The 
Attorney General may utilize the Bureau of Justice Statistics, the 
National Institute of Justice, and the Office for Victims of Crime in 
carrying out this section.
    (b) Report.--Based on the study required under subsection (a), the 
Attorney General shall prepare a report, including an analysis of the 
uniformity of the rape and sexual assault laws including sex offenses 
committed against children and sex offenses involving penetration of 
any kind among the States and their effectiveness in prosecuting crimes 
of rape and sexual assault offenses as follows:
            (1) Definitions of rape and sexual assault, including any 
        marital rape exception and any other exception or downgrading 
        of offense.
            (2) Element of consent and coercive conduct, including 
        deceit.
            (3) Element of physical resistance and affirmative 
        nonconsent as a precondition for conviction.
            (4) Element of force, including penetration requirement as 
        aggravating factor and use of coercion.
            (5) Evidentiary matters--
                    (A) inferences--timeliness of complaint under the 
                Model Penal Code;
                    (B) post traumatic stress disorder (including rape 
                trauma syndrome) relevancy of scope and admissibility;
                    (C) rape shield laws--in camera evidentiary 
                determinations;
                    (D) prior bad acts; and
                    (E) corroboration requirement and cautionary jury 
                instructions.
            (6) Existence of special rules for rape and sexual assault 
        offenses.
            (7) Use of experts.
            (8) Sentencing--
                    (A) plea bargains;
                    (B) presentence reports;
                    (C) recidivism and remorse;
                    (D) adolescents;
                    (E) psychological injuries;
                    (F) gravity of crime and trauma to victim; and
                    (G) race.
            (9) Any personal or professional relationship between the 
        perpetrator and the victim.
            (10) Any recommendations of the Attorney General for 
        reforms to foster uniformity among the States in addressing 
        rape and sexual assault offenses in order to protect victims 
        more effectively while safeguarding due process.
    (c) Definition.--For purposes of this section, the term ``rape and 
sexual assault offenses'' includes carnal knowledge of a child, 
abduction with intent to defile, indecent liberties, beastiality, 
forcible sodomy, sexual penetration with an animate or inanimate 
object, forced sexual intercourse (labia majora penetration or anus 
penetration), cunnilingus, fellatio, anallingus, anal intercourse, 
sexual battery, aggravated sexual battery, and sexual abuse, 
accomplished by use of force, threats, or intimidation.
    (d) Report.--The Attorney General shall ensure that no later than 1 
year after the date of enactment of this Act, the study required under 
subsection (a) is completed and a report describing the findings made 
is submitted to Congress.
    (e) Authorization of Appropriation.--It is authorized that $200,000 
be appropriated to carry out the study required by this section.

SEC. 1707. RESEARCH CENTERS.

    The Attorney General shall establish 3 research centers to support 
the development of research and training program to focus on violence 
against women, to provide mechanisms for collaboration between 
researchers and practitioners, and to provide technical assistance for 
integrating research into service provision. Each Center shall be 
organized around a research area such as epidemiology and measurement 
of violence against women, causes and risk factors, and prevention and 
intervention evaluation research. At least one of the centers shall be 
established at an entity other than an academic institution. There are 
authorized to be appropriated $3,000,000 for each of the fiscal years 
1999, 2000, and 2001 to carry out this section.

     TITLE XVIII--PUBLIC ACCESS TO FBI DATABASE ON SEXUAL OFFENDERS

SEC. 1801. ESTABLISHMENT OF TELEPHONE ACCESS FOR THE PUBLIC TO FBI 
              DATABASE ON SEXUAL OFFENDERS.

    Subtitle A of title XVII of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14071 et seq.) is amended by adding 
at the end the following new section:

``SEC. 170103. TELEPHONE ACCESS FOR THE PUBLIC TO FBI DATABASE.

    ``(a) Establishment.--(1) The Attorney General shall establish, 
publicize, and operate a national telephone service by which a person 
(as defined in subsection (f)(2)) may request the information described 
in paragraph (2).
    ``(2) The information described in this paragraph is whether an 
individual (as defined in subsection (f)(3)), other than a victim of an 
offense that requires registration under this subtitle, is listed in 
the database established under section 170102.
    ``(b) Prerequisite for Access to Information.--The Attorney General 
shall not disclose the information described in subsection (a)(2) 
unless the person seeking such information provides his or her full 
name, the full name of the individual, and one or more of the 
following:
            ``(1) The address of the individual's residence.
            ``(2) The individual's Social Security number.
            ``(3) The individual's driver's license number or the 
        number the identification card issued by State or local 
        authorities in lieu of a driver's license.
            ``(4) The individual's date of birth.
            ``(5) Such other information as the Attorney General 
        determines to be appropriate for purposes of identification of 
        the individual.
    ``(c) Notice to Caller.--Prior to disclosing information described 
in subsection (a)(2), and without charging a fee for the same, the 
Attorney General shall provide the following general information in the 
form of a recorded message:
            ``(1) The requirements described in sub- section (b).
            ``(2) The fee for the use of the telephone service.
            ``(3) A warning that information received pursuant to such 
        request may not be misused, as described in subsection (e), and 
        notice of the penalties for such misuse of the information.
            ``(4) A warning that the service is not be available to 
        persons under 18 years of age.
            ``(5) Such other information as the Attorney General 
        determines to be appropriate.
    ``(d) Fees for Use of Service.--
            ``(1) Fee for access to information in database.--The 
        Attorney General shall charge a fee for each use of the service 
        for information described in subsection (a) from the service.
            ``(2) Limitation on number of requests.--A person may not 
        make more than two requests for such information per use of the 
        service.
            ``(3) Use of fees to defray expenses of service.--To the 
        extent provided in advance in appropriations Acts, moneys 
        received under paragraph (1) shall be used to pay for the 
        expenses of the operation of the service.
    ``(e) Penalties for Misuse of Information.--
            ``(1) Prohibitions.--Whoever, having obtained information 
        described in subsection (a)(2) from the service, knowingly uses 
        such information--
                    ``(A) for any purpose other than to protect a minor 
                at risk; or
                    ``(B) with respect to insurance, housing, or any 
                other use that the Attorney General may determine--
                            ``(i) is unnecessary for the protection of 
                        a minor at risk or;
                            ``(ii) which creates a disproportionate 
                        prejudicial effect,
        shall be punished as provided in paragraph (2).
            ``(2) Civil penalty.--Each person who violates the 
        provisions of paragraph (1) shall be subject to a civil penalty 
        imposed by the Attorney General of not more than $1,000 for 
        each violation.
    ``(f) Definitions.--As used in this section:
            ``(1) Minor at risk.--The term `minor at risk' means a 
        minor, as that term is defined in section 2256(1) of title 18, 
        United States Code, who is or may be in danger of becoming a 
        victim of an offense, for which registration is required under 
        this subtitle, by an individual about whom the information 
        described in subsection (a)(2) is sought.
            ``(2) Person.--The term `person' means a person who 
        requests the information described in subsection (a)(2).
            ``(3) Individual.--The term `individual' means an 
        individual who is required to register under this subtitle.''.

      TITLE XIX--LIMITING AVAILABILITY OF PORNOGRAPHY ON COMPUTERS

SEC. 1901. LIMITING AVAILABILITY OF PORNOGRAPHY ON COMPUTERS.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Federal Bureau of Investigation and the 
Attorney General shall begin 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 this problem.
    (b) Contents of Study.--The study shall address 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.
            (5) Policy and criminal law and law enforcement options for 
        promoting the deployment of such control technologies and the 
        costs and benefits of such options.
            (6) The possible constitutional limitations or constraints 
        with respect to any of the matters described in paragraphs (1) 
        through (5).
    (c) Final Report.--Not later than 2 years after the date of the 
enactment of this section, the Federal Bureau of Investigation shall 
make a final report of the results of the study to the Committee on the 
Judiciary of the House of Representatives and the Committee on the 
Judiciary of the Senate. The final report of the study shall set forth 
the findings, conclusions, and recommendations of the Council and shall 
be submitted to relevant Government agencies and congressional 
committees.

            Passed the House of Representatives June 11, 1998.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.