[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3494 Reported in House (RH)]





                                                 Union Calendar No. 312

105th CONGRESS

  2d Session

                               H. R. 3494

                          [Report No. 105-557]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              June 3, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed





                                                 Union Calendar No. 312
105th CONGRESS
  2d Session
                                H. R. 3494

                          [Report No. 105-557]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 18, 1998

 Mr. McCollum (for himself, Ms. Dunn, Ms. Pryce of Ohio, Ms. Granger, 
  Mrs. Northup, Mrs. Fowler, Mr. Franks of New Jersey, Mr. Foley, Mr. 
Cunningham, Mr. Deal of Georgia, Mr. Ramstad, Mr. Barr of Georgia, Mr. 
Chabot, Mr. Diaz-Balart, Mr. Gutknecht, and Mr. Lampson) introduced the 
  following bill; which was referred to the Committee on the Judiciary

                              June 3, 1998

   Additional sponsors: Mr. Ensign, Mr. English of Pennsylvania, Mr. 
  Calvert, Mrs. Kelly, Mr. Nethercutt, Mr. Hastert, Ms. Lofgren, Mr. 
                  McInnis, Mr. Talent, and Mr. Pappas

                              June 3, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               18, 1997]

_______________________________________________________________________

                                 A BILL


 
  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) Technical Correction.--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 Government of the United 
                States, or in the Indian country (as defined in section 
                1151 of this title), knowingly possesses--
                            ``(i) 3 or more books, magazines, 
                        periodicals, computer disks, films, video 
                        tapes, or other matter that contain any visual 
                        depiction, if--
                                    ``(I) the producing of such visual 
                                depiction involves the use of a minor 
                                engaging in sexually explicit conduct; 
                                and
                                    ``(II) such visual depiction is of 
                                such conduct; or
                            ``(ii) any book, magazine, periodical, 
                        computer disk, film, videotape, computer disk, 
                        or any other material that contains 3 or more 
                        visual depictions, if--
                                    ``(I) the producing of each visual 
                                depiction involves the use of a minor 
                                engaging in sexually explicit conduct; 
                                and
                                    ``(II) each visual depiction is of 
                                such conduct; or
                    ``(B) knowingly possesses--
                            ``(i) 3 or more books, magazines, 
                        periodicals, computer disks, films, video 
                        tapes, or other matter that contain any visual 
                        depiction that has been mailed, or has been 
                        shipped or transported in interstate or foreign 
                        commerce, or which was produced using materials 
                        which have been mailed or so shipped or 
                        transported, by any means including by 
                        computer, if--
                                    ``(I) the producing of such visual 
                                depiction involves the use of a minor 
                                engaging in sexually explicit conduct; 
                                and
                                    ``(II) such visual depiction is of 
                                such conduct; or
                            ``(ii) any book, magazine, periodical, 
                        computer disk, film, videotape, computer disk, 
                        or any other material that contains 3 or more 
                        visual depictions, if--
                                    ``(I) the producing of each visual 
                                depiction involves the use of a minor 
                                engaging in sexually explicit conduct; 
                                and
                                    ``(II) each visual depiction is of 
                                such conduct;''.

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) Generally.--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.''.

                  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 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 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 the purposes of this section, the term 
``State'' means each of the 50 States and the District of Columbia.