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





                                                       Calendar No. 587

105th CONGRESS

  2d Session

                               H. R. 3494

_______________________________________________________________________

                                 AN ACT

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

_______________________________________________________________________

                           September 17, 1998

        Reported with an amendment and an amendment to the title





                                                       Calendar No. 587
105th CONGRESS
  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

                           September 17, 1998

 Reported by Mr. Hatch, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

    <DELETED>TITLE I--PROTECTING CHILDREN FROM SEXUAL PREDATORS AND 
                     COMPUTER PORNOGRAPHY</DELETED>

<DELETED>SEC. 101. CONTACTING MINORS FOR SEXUAL PURPOSES.</DELETED>

<DELETED>    Section 2422 of title 18, United States Code, is amended 
by adding at the end the following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) knowingly contacts an individual who has not 
        attained the age of 18 years; or</DELETED>
        <DELETED>    ``(2) knowingly contacts an individual, who has 
        been represented to the person making the contact as not having 
        attained the age of 18 years,</DELETED>
<DELETED>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.''.</DELETED>

<DELETED>SEC. 102. TRANSFER OF OBSCENE MATERIAL TO MINORS.</DELETED>

<DELETED>    (a) In General.--Chapter 71 of title 18, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 1470. Transfer of obscene material to minors</DELETED>
<DELETED>    ``Whoever, using the mail or any facility or means of 
interstate or foreign commerce--</DELETED>
        <DELETED>    ``(1) knowingly transfers obscene matter to an 
        individual who has not attained the age of 18 years, or 
        attempts to do so; or</DELETED>
        <DELETED>    ``(2) knowingly transfers obscene matter to an 
        individual who has been represented to the transferor as not 
        having attained the age of 18 years,</DELETED>
<DELETED>shall be fined under this title or imprisoned not more than 5 
years, or both.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``1470. Transfer of obscene material to minors.''.

<DELETED>SEC. 103. INCREASED PRISON SENTENCES FOR ENTICEMENT OF 
              MINORS.</DELETED>

<DELETED>    Section 2422 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) in subsection (b), by striking ``10'' and 
        inserting ``15''.</DELETED>

<DELETED>SEC. 104. ADDITIONAL JURISDICTIONAL BASE FOR PROSECUTION OF 
              PRODUCTION OF CHILD PORNOGRAPHY.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (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''.</DELETED>

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

<DELETED>    (a) Increased Penalties in Section 2252.--Section 2252(b) 
of title 18, United States Code, is amended--</DELETED>
        <DELETED>    (1) in each of paragraphs (1) and (2), by striking 
        ``or chapter 109A'' and inserting ``, chapter 109A, or chapter 
        117''; and</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (d) Modification of Possession Offense.--Section 2252(a) 
of title 18, United States Code, is amended so that paragraph (4) reads 
as follows:</DELETED>
        <DELETED>    ``(4) either--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) knowingly possesses a book, 
                magazine, periodical, computer disk, film, video tape, 
                or any other matter that--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) contains a visual depiction 
                        of sexually explicit conduct and the production 
                        of which involves the use of a minor engaging 
                        in that conduct;''.</DELETED>
<DELETED>    (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''.</DELETED>

<DELETED>SEC. 106. CRIMINAL FORFEITURE FOR SOLICITATION OF MINORS AND 
              INTERSTATE PROSTITUTION.</DELETED>

<DELETED>    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).</DELETED>

<DELETED>SEC. 107. PRETRIAL DETENTION OF CHILD SEX OFFENDERS.</DELETED>

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

<DELETED>SEC. 108. INCREASED PRISON SENTENCES.</DELETED>

<DELETED>    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.''.</DELETED>

<DELETED>SEC. 109. REPEAT OFFENDERS IN TRANSPORTATION 
              OFFENSE.</DELETED>

<DELETED>    (a) Generally.--Chapter 117 of title 18, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 2425. Repeat offenders</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) As used in this section, the term `prior sex offense 
conviction' means a conviction for an offense--</DELETED>
        <DELETED>    ``(1) under this chapter or chapter 109A or 110; 
        or</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``2425. Repeat offenders.''.

<DELETED>SEC. 110. DEFINITION AND ADDITION OF ATTEMPT 
              OFFENSE.</DELETED>

<DELETED>    (a) Definition.--</DELETED>
        <DELETED>    (1) In General.--Chapter 117 of title 18, United 
        States Code, is amended by adding at the end the 
        following:</DELETED>
<DELETED>``Sec. 2426. Definition for chapter</DELETED>
<DELETED>    ``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).''.</DELETED>
        <DELETED>    (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:</DELETED>

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

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

<DELETED>    (a) In General.--Chapter 110 of title 18, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 2260A. Use of interstate facilities to transmit 
              information about a minor</DELETED>
<DELETED>    ``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.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the following 
new item:</DELETED>

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

<DELETED>SEC. 112. STUDY OF PERSISTENT SEXUAL OFFENDERS.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) a synthesis of current research in psychology, 
        sociology, law, criminal justice, and other fields regarding 
        persistent sexual offenders, including--</DELETED>
                <DELETED>    (A) common characteristics of such 
                offenders;</DELETED>
                <DELETED>    (B) recidivism rates for such 
                offenders;</DELETED>
                <DELETED>    (C) treatment techniques and their 
                effectiveness;</DELETED>
                <DELETED>    (D) responses of offenders to treatment 
                and deterrence; and</DELETED>
                <DELETED>    (E) the possibility of early intervention 
                to prevent people from becoming sexual predators; 
                and</DELETED>
        <DELETED>    (2) an agenda for future research in this 
        area.</DELETED>

<DELETED>SEC. 113. REPORTING OF CHILD PORNOGRAPHY BY ELECTRONIC 
              COMMUNICATION SERVICE PROVIDERS.</DELETED>

<DELETED>    (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)).</DELETED>
<DELETED>    (b) Exception to Prohibition on Disclosure.--Section 
2702(b)(6) of title 18, United States Code, is amended to read as 
follows:</DELETED>
        <DELETED>    ``(6) to a law enforcement agency--</DELETED>
                <DELETED>    ``(A) if such contents--</DELETED>
                        <DELETED>    ``(i) were inadvertently obtained 
                        by the service provider; and</DELETED>
                        <DELETED>    ``(ii) appear to pertain to the 
                        commission of a crime; or</DELETED>
                <DELETED>    ``(B) if required by section 113 of the 
                Child Protection and Sexual Predator Punishment Act of 
                1998.''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

        <DELETED>TITLE II--PUNISHING SEXUAL PREDATORS</DELETED>

<DELETED>SEC. 201. SENTENCING ENHANCEMENT IN SECTION 2423 
              CASES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 202. INCREASED PENALTIES FOR TRANSPORTATION OF MINORS OR 
              ASSUMED MINORS FOR ILLEGAL SEXUAL ACTIVITY AND RELATED 
              CRIMES.</DELETED>

<DELETED>    Section 2423 of title 18, United States Code, is amended 
to read as follows:</DELETED>
<DELETED>``Sec. 2423. Transportation of minors and assumed 
              minors</DELETED>
<DELETED>    ``(a) Transportation With Intent To Engage in Criminal 
Sexual Activity.--A person who knowingly--</DELETED>
        <DELETED>    ``(1) transports an individual who has not 
        attained the age of 18 years; or</DELETED>
        <DELETED>    ``(2) transports an individual who has been 
        represented to the person doing that transportation as not 
        having attained the age of 18 years,</DELETED>
<DELETED>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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 203. INCREASED PENALTIES FOR ABUSIVE SEXUAL 
              CONTACT.</DELETED>

<DELETED>    Section 2244 of title 18, United States Code, is amended 
by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 204. PUNISHMENT FOR REPEAT OFFENDERS.</DELETED>

<DELETED>    Section 2241 of title 18, United States Code, is amended 
by inserting after subsection (d) the following:</DELETED>
<DELETED>    ``(e) Punishment for Repeat Offenders.--(1) Whoever has 
twice previously been convicted of a serious State or Federal sex crime 
and who--</DELETED>
        <DELETED>    ``(A) violates this section; or</DELETED>
        <DELETED>    ``(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,</DELETED>
<DELETED>shall be imprisoned for life.</DELETED>
<DELETED>    ``(2) The circumstance referred to in paragraph (1) of 
this subsection is that--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--
</DELETED>
        <DELETED>    ``(1) is an offense under this section or section 
        2242 of this title; or</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 205. REPEAT OFFENDERS IN SEXUAL ABUSE CASES.</DELETED>

<DELETED>    Section 2247 of title 18, United States Code, is amended 
to read as follows:</DELETED>
<DELETED>``Sec. 2247. Repeat offenders</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) As used in this section, the term `prior sex offense 
conviction' has the meaning given that term in section 
2425.''.</DELETED>

<DELETED>SEC. 206. CIVIL REMEDY FOR PERSONAL INJURIES RESULTING FROM 
              CERTAIN SEX CRIMES AGAINST CHILDREN.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 207. ELIMINATION OF REDUNDANCY AND AMBIGUITIES.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (c) Definition of State.--Section 2246 of title 18, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (5), by striking the period and 
        inserting a semicolon; and</DELETED>
        <DELETED>    (2) by adding a new paragraph as 
        follows:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 208. DEATH OR LIFE IN PRISON FOR CERTAIN OFFENSES WHOSE 
              VICTIMS ARE CHILDREN.</DELETED>

<DELETED>    Section 3559 of title 18, United States Code, is amended 
by adding at the end the following:</DELETED>
<DELETED>    ``(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).''.</DELETED>

   <DELETED>TITLE III--FEDERAL INVESTIGATIONS OF SEX CRIMES AGAINST 
                 CHILDREN AND SERIAL KILLERS</DELETED>

<DELETED>SEC. 301. ADMINISTRATIVE SUBPOENAS.</DELETED>

<DELETED>    (a) In General.--Chapter 203 of title 18, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 3064. Administrative subpoenas</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``3064. Administrative subpoenas.''.

<DELETED>SEC. 302. KIDNAPPING.</DELETED>

<DELETED>    (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.''.</DELETED>
<DELETED>    (b) Jurisdictional Elements.--Section 1201(a) of title 18, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``or'' at the end of paragraph 
        (4); and</DELETED>
        <DELETED>    (2) by adding after paragraph (5) the 
        following:</DELETED>
        <DELETED>    ``(6) the mail or any facility or means of 
        interstate or foreign commerce is used in furtherance of the 
        offense; or</DELETED>
        <DELETED>    ``(7) the offense affects interstate or foreign 
        commerce, or would do so if the offense were 
        consummated;''.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 303. AUTHORITY TO INVESTIGATE SERIAL KILLINGS.</DELETED>

<DELETED>    (a) In General.--Chapter 33 of title 28, United States 
Code, is amended by inserting after section 537 the 
following:</DELETED>
<DELETED>``Sec. 540B. Investigation of serial killings</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) For purposes of this section--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``540B. Investigation of serial killings.''.

<DELETED>SEC. 304. MORGAN P. HARDIMAN CHILD ABDUCTION AND SERIAL MURDER 
              INVESTIGATIVE RESOURCES CENTER.</DELETED>

<DELETED>    (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'').</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Appointment of Personnel to the CASMIRC.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

     <DELETED>TITLE IV--RESTRICTED ACCESS TO INTERACTIVE COMPUTER 
                           SERVICE</DELETED>

<DELETED>SEC. 401. PRISONER ACCESS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 402. RECOMMENDED PROHIBITION.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) the prisoner, through his unsupervised access 
        to the Internet, trafficked in child pornography over the 
        Internet;</DELETED>
        <DELETED>    (3) Federal law enforcement authorities caught the 
        prisoner with a computer disk containing 280 pictures of 
        juveniles engaged in sexually explicit conduct;</DELETED>
        <DELETED>    (4) a jury found the prisoner guilty of conspiring 
        to trade in child pornography and possessing child 
        pornography;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 403. SURVEY.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Report.--The Attorney General shall submit a report to 
Congress of the findings of the survey conducted pursuant to subsection 
(a).</DELETED>
<DELETED>    (c) Definition.--For purposes of this section, the term 
``State'' means each of the 50 States and the District of 
Columbia.</DELETED>

 <DELETED>TITLE V--SEX OFFENDER MANAGEMENT ASSISTANCE PROGRAM</DELETED>

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

<DELETED>    (a) In General.--Section 170101 of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended 
by--</DELETED>
        <DELETED>    (1) redesignating the second subsection (g) as 
        subsection (h); and</DELETED>
        <DELETED>    (2) adding at the end the following new 
        subsection:</DELETED>
<DELETED>    ``(i) Grants to States to Comply with the Wetterling 
Act.--</DELETED>
        <DELETED>    ``(1) Program authorized.--</DELETED>
                <DELETED>    ``(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)''.</DELETED>
                <DELETED>    ``(ii) Uses of funds.--Grants awarded 
                under this subsection shall be--</DELETED>
                        <DELETED>    ``(I) distributed directly to the 
                        State for distribution to State and local 
                        entities; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Eligibility.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(II) where applicable, the State 
                        has penalties comparable to or greater than 
                        Federal penalties for crimes listed in such 
                        Act.</DELETED>
                <DELETED>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.</DELETED>
                <DELETED>    ``(ii) Regulations.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>TITLE VI--FACILITATING FINGERPRINT CHECKS TO PROTECT CHILDREN 
         FROM SEXUAL PREDATORS AND VIOLENT CRIMINALS</DELETED>

<DELETED>SEC. 601. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Volunteers for Children 
Act''.</DELETED>

<DELETED>SEC. 602. ACCESS TO CRIMINAL FINGERPRINT BACKGROUND 
              CHECKS.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    (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)''.</DELETED>
<DELETED>    (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''.</DELETED>

            <DELETED>TITLE VII--MODEL NOTIFICATION</DELETED>

<DELETED>SEC. 701. FINDINGS AND SENSE OF THE CONGRESS.</DELETED>

<DELETED>    (a) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (1) States are now required to release certain 
        relevant information to protect the public from sexually 
        violent offenders.</DELETED>
        <DELETED>    (2) Many States have not established guidelines 
        regarding the notification and release of a sexually violent 
        offender.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 702. ESTABLISHMENT OF ADVISORY BOARD FOR RISK 
              ASSESSMENT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (g) Termination.--Any member of the Board may be removed 
by the Chief Executive Officer for cause after an opportunity to be 
heard.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 703. GUIDELINES FOR TIER DETERMINATION.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    (1) Criminal history factors indicative of high 
        risk of repeat offense, including--</DELETED>
                <DELETED>    (A) whether the sex offender has a mental 
                abnormality;</DELETED>
                <DELETED>    (B) whether the sex offender's conduct was 
                found to be characterized by repetitive and compulsive 
                behavior, associated with drugs or alcohol;</DELETED>
                <DELETED>    (C) whether the sex offender served the 
                maximum term;</DELETED>
                <DELETED>    (D) whether the sex offender committed the 
                felony sex offense against a child; and</DELETED>
                <DELETED>    (E) the age of the sex offender at the 
                time of the commission of the first sex 
                offense.</DELETED>
        <DELETED>    (2) Other factors to be considered in determining 
        risk, including--</DELETED>
                <DELETED>    (A) the relationship between such sex 
                offender and the victims;</DELETED>
                <DELETED>    (B) whether the offense involved the use 
                of a weapon, violence, or infliction of serious bodily 
                injury;</DELETED>
                <DELETED>    (C) the number, date, and nature of prior 
                offenses;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (E) physical conditions that minimize risk 
                of another offense, including advanced age or 
                debilitating illness;</DELETED>
                <DELETED>    (F) whether psychological or psychiatric 
                profiles indicate a risk of recidivism;</DELETED>
                <DELETED>    (G) the sex offender's response to 
                treatment;</DELETED>
                <DELETED>    (H) recent behavior, including behavior 
                while confined;</DELETED>
                <DELETED>    (I) recent threats or gestures against 
                persons or expression of intent to commit additional 
                offenses; and</DELETED>
                <DELETED>    (J) review of any victim impact 
                statement.</DELETED>
<DELETED>    (b) Information Transfer.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 704. BOARD RECOMMENDATIONS.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 705. JUDICIAL DETERMINATION.</DELETED>

<DELETED>    (a) Notification Level.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Appeal.--A sex offender may appeal a 
        determination made by the court made under paragraph (1) in 
        accordance with State law.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 706. PENALTY FOR MISUSE OF REGISTRATION 
              INFORMATION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 707. JUVENILE OFFENDERS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 708. OFFICIAL IMMUNITY FROM LIABILITY.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 709. IDENTITY OF THE VICTIM.</DELETED>

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

<DELETED>SEC. 710. GENERAL STATE REQUIREMENTS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 711. ADVISORY COUNCIL FOR COMMUNITY EDUCATION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Composition.--Each such advisory council shall include 
representation from--</DELETED>
        <DELETED>    (1) law enforcement;</DELETED>
        <DELETED>    (2) law enforcement organizations;</DELETED>
        <DELETED>    (3) local corrections agencies;</DELETED>
        <DELETED>    (4) victims groups; and</DELETED>
        <DELETED>    (5) other interested members of the 
        public.</DELETED>
<DELETED>    (c) Duties.--In developing a policy pursuant to subsection 
(a), an advisory council should make recommendations that include--
</DELETED>
        <DELETED>    (1) the method of distributing community 
        notification information;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) other matters the council considers necessary 
        to ensure the effective and fair administration of the 
        community notification law.</DELETED>

<DELETED>SEC. 712. EXPUNGEMENT OF OUTDATED INFORMATION.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 713. EXCEPTIONAL CIRCUMSTANCES.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 714. DEFINITIONS.</DELETED>

<DELETED>    For purposes of this title:</DELETED>
        <DELETED>    (1) The term ``criminal offense against a victim 
        who is a minor'' means any criminal offense that consists of--
        </DELETED>
                <DELETED>    (A) kidnapping of a minor, except by a 
                parent;</DELETED>
                <DELETED>    (B) false imprisonment of a minor, except 
                by a parent;</DELETED>
                <DELETED>    (C) criminal sexual conduct toward a 
                minor;</DELETED>
                <DELETED>    (D) solicitation of a minor to engage in 
                sexual conduct;</DELETED>
                <DELETED>    (E) use of a minor in a sexual 
                performance;</DELETED>
                <DELETED>    (F) solicitation of a minor to practice 
                prostitution;</DELETED>
                <DELETED>    (G) any conduct that by its nature is a 
                sexual offense against a minor; and</DELETED>
                <DELETED>    (H) an attempt to commit an offense 
                described in any of subparagraphs (A) through (H) if 
                the State--</DELETED>
                        <DELETED>    (i) makes such an attempt a 
                        criminal offense; or</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>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.</DELETED>
        <DELETED>    (5) The term ``juvenile'' has the meaning given 
        such term under State law.</DELETED>

 <DELETED>TITLE VIII--CHILD HOSTAGE-TAKING TO EVADE ARREST OR OBSTRUCT 
                           JUSTICE</DELETED>

<DELETED>SEC. 801. CHILD HOSTAGE-TAKING TO EVADE ARREST OR OBSTRUCT 
              JUSTICE.</DELETED>

<DELETED>    (a) In General.--Chapter 55 of title 18, United States 
Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 1205. Child hostage-taking to evade arrest or obstruct 
              justice</DELETED>
<DELETED>    ``(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--
</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) compel any department or agency of the 
        Federal Government to do or to abstain from doing any 
        act,</DELETED>
<DELETED>or attempts to do so, shall be punished in accordance with 
subsection (b).</DELETED>
<DELETED>    ``(b) Sentencing.--Any person who violates subsection 
(a)--</DELETED>
        <DELETED>    ``(1) shall be imprisoned not less than 10 years 
        and not more than 25 years;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Definition.--For purposes of this section, the term 
`child' means an individual who has not attained the age of 18 
years.''.</DELETED>
<DELETED>    (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:</DELETED>

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

 <DELETED>TITLE IX--CONTINUING THE COMMITMENT OF THE VIOLENCE AGAINST 
                          WOMEN ACT</DELETED>

 <DELETED>Subtitle A--Law Enforcement and Prosecution Grants To Combat 
                    Violence Against Women</DELETED>

<DELETED>SEC. 901. PURPOSE OF THE PROGRAM AND GRANTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5) developing, enlarging, or strengthening 
        programs addressing stalking;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 902. STATE GRANTS.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (b) Amounts.--Of the amounts appropriated for the purposes 
of this subtitle--</DELETED>
        <DELETED>    (1) 4 percent shall be available for grants to 
        Indian tribal governments;</DELETED>
        <DELETED>    (2) $500,000 shall be available for grants to 
        applicants in each State; and</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (c) Qualification.--Upon satisfying the terms of 
subsection (d), any State shall be qualified for funds provided under 
this subtitle upon certification that--</DELETED>
        <DELETED>    (1) the funds shall be used for any of the 
        purposes described in section 501(b);</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Application Requirements.--Each application shall 
include the certifications of qualification required by subsection (c). 
An application shall include--</DELETED>
        <DELETED>    (1) documentation from the prosecution and law 
        enforcement programs to be assisted, demonstrating--</DELETED>
                <DELETED>    (A) need for the grant funds;</DELETED>
                <DELETED>    (B) intended use of the grant 
                funds;</DELETED>
                <DELETED>    (C) expected results from the use of grant 
                funds; and</DELETED>
                <DELETED>    (D) demographic characteristics of the 
                populations to be served, including age, marital 
                status, disability, race, ethnicity, and language 
                background;</DELETED>
        <DELETED>    (2) proof of compliance with the requirements for 
        the payment of forensic medical exams provided in section 505; 
        and</DELETED>
        <DELETED>    (3) proof of compliance with the requirements for 
        paying filing and service fees for domestic violence cases 
        provided in section 506.</DELETED>
<DELETED>    (e) Disbursement.--</DELETED>
        <DELETED>    (1) In general.--Not later than 60 days after the 
        receipt of an application under this subtitle, the Attorney 
        General shall--</DELETED>
                <DELETED>    (A) disburse the appropriate sums provided 
                for under this subtitle; or</DELETED>
                <DELETED>    (B) inform the applicant why the 
                application does not conform to the requirements of 
                this section.</DELETED>
        <DELETED>    (2) Regulations.--In disbursing monies under this 
        subtitle, the Attorney General shall issue regulations to 
        ensure that States will--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) determine the amount of subgrants 
                based on the population and geographic area to be 
                served;</DELETED>
                <DELETED>    (C) equitably distribute monies on a 
                geographic basis including nonurban and rural areas of 
                various geographic sizes;</DELETED>
                <DELETED>    (D) recognize and address the needs of 
                underserved populations; and</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (h) Grantee Reporting.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Suspension of funding.--The Attorney General 
        shall suspend funding for an approved application if--
        </DELETED>
                <DELETED>    (A) an applicant fails to submit an annual 
                performance report;</DELETED>
                <DELETED>    (B) funds are expended for purposes other 
                than those described in this subtitle; or</DELETED>
                <DELETED>    (C) a report under paragraph (1) or 
                accompanying assessments demonstrate to the Attorney 
                General that the program is ineffective or financially 
                unsound.</DELETED>
                <DELETED>    (D) for failure to provide documentation, 
                including memoranda of understanding, contract, or 
                other document of any collaborative efforts with other 
                agencies or organizations.</DELETED>

<DELETED>SEC. 903. DEFINITIONS.</DELETED>

<DELETED>    In this subtitle--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) the term ``Indian country'' has the meaning 
        stated in section 1151 of title 18, United States 
        Code;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 904. GENERAL TERMS AND CONDITIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the number of grants made and funds 
        distributed under this subtitle;</DELETED>
        <DELETED>    (2) a summary of the purposes for which those 
        grants were provided and an evaluation of their 
        progress;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) an evaluation of the effectiveness of programs 
        funded under this subtitle.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 905. RAPE EXAM PAYMENTS.</DELETED>

<DELETED>    (a) Restriction of Funds.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) provides such exams to victims free of charge 
        to the victim;</DELETED>
        <DELETED>    (2) arranges for victims to obtain such exams free 
        of charge to the victims; or</DELETED>
        <DELETED>    (3) reimburses victims for the cost of such exams 
        if--</DELETED>
                <DELETED>    (A) the reimbursement covers the full cost 
                of such exams, without any deductible requirement or 
                limit on the amount of a reimbursement;</DELETED>
                <DELETED>    (B) the reimbursing governmental entity 
                permits victims to apply for reimbursement for not less 
                than one year from the date of the exam;</DELETED>
                <DELETED>    (C) the reimbursing governmental entity 
                provides reimbursement not later than 90 days after 
                written notification of the victim's expense; 
                and</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 906. FILING COSTS FOR CRIMINAL CHARGES.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the period ending on the date on which 
                the next session of the State legislature ends; 
                or</DELETED>
                <DELETED>    (B) two years.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 907. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

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

   <DELETED>Subtitle B--Grants to Encourage Arrest Policies</DELETED>

<DELETED>SEC. 911. PROGRAM AUTHORIZED.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Grant Authority.--The Attorney General may make grants 
to eligible States, Indian tribal governments, or units of local 
government for the following purposes:</DELETED>
        <DELETED>    (1) To implement mandatory arrest or proarrest 
        programs and policies in police departments, including 
        mandatory arrest programs and policies for protection order 
        violations.</DELETED>
        <DELETED>    (2) To develop policies and training in police 
        departments to improve tracking of cases involving domestic 
        violence.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) To coordinate computer tracking systems to 
        ensure communication between police, prosecutors, and both 
        criminal and family courts.</DELETED>
        <DELETED>    (5) To educate judges in criminal and other courts 
        about domestic violence and to improve judicial handling of 
        such cases.</DELETED>
<DELETED>    (c) Eligibility.--Eligible grantees are States, Indian 
tribal governments, or units of local government that--</DELETED>
        <DELETED>    (1) certify that their laws or official policies--
        </DELETED>
                <DELETED>    (A) encourage or mandate arrests of 
                domestic violence offenders based on probable cause 
                that an offense has been committed; and</DELETED>
                <DELETED>    (B) encourage or mandate arrest of 
                domestic violence offenders who violate the terms of a 
                valid and outstanding protection order;</DELETED>
        <DELETED>    (2) demonstrate that their laws, policies, or 
        practices and their training programs discourage dual arrests 
        of offender and victim;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 912. APPLICATIONS.</DELETED>

<DELETED>    (a) Application.--An eligible grantee shall submit an 
application to the Attorney General that--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the period ending on the date on which 
                the next session of the State or Indian tribal 
                legislature ends; or</DELETED>
                <DELETED>    (B) two years of the date of enactment of 
                this Act;</DELETED>
        <DELETED>    (2) describes plans to further the purposes stated 
        in section 511(a);</DELETED>
        <DELETED>    (3) identifies the agency or office or groups of 
        agencies or offices responsible for carrying out the program; 
        and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Priority.--In awarding grants under this subtitle, the 
Attorney General shall give priority to applicants that--</DELETED>
        <DELETED>    (1) do not currently provide for centralized 
        handling of cases involving domestic violence by police, 
        prosecutors, and courts; and</DELETED>
        <DELETED>    (2) demonstrate a commitment to strong enforcement 
        of laws, and prosecution of cases, involving domestic 
        violence.</DELETED>

<DELETED>SEC. 913. REPORTS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 914. REGULATIONS OR GUIDELINES.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 915. DEFINITIONS.</DELETED>

<DELETED>    For purposes of this subtitle--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 916. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

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

         <DELETED>TITLE X--LIMITING THE EFFECTS OF VIOLENCE ON 
                           CHILDREN</DELETED>

<DELETED>SEC. 1001. DEFENSE TO CRIMINAL CUSTODIAL INTERFERENCE OR 
              PARENTAL ABDUCTION CHARGE.</DELETED>

<DELETED>    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:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) acted pursuant to the provisions of a court 
        order valid when and where issued--</DELETED>
                <DELETED>    ``(A) which granted the defendant legal 
                custody or visitation rights;</DELETED>
                <DELETED>    ``(B) which was obtained in compliance 
                with section 1738A of title 28;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(D) which was in effect at the time the 
                defendant left the State;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(3) would otherwise have a defense under the 
        terms of the International Parental Kidnapping Prevention Act 
        (18 U.S.C. 1204).</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 1002. FULL FAITH AND CREDIT GIVEN TO CHILD CUSTODY 
              DETERMINATIONS.</DELETED>

<DELETED>    (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.''.</DELETED>
<DELETED>    (b) Definitions.--Section 1738A(b) of such title is 
amended--</DELETED>
        <DELETED>    (1) by inserting after paragraph (3) the 
        following:</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;'';</DELETED>
        <DELETED>    (2) by redesignating paragraphs (4), (5), and (6) 
        as paragraphs (6), (7), and (8), respectively;</DELETED>
        <DELETED>    (3) by redesignating paragraph (7) as paragraph 
        (9) and by striking ``and'' after the semicolon;</DELETED>
        <DELETED>    (4) by inserting after paragraph (9) (as so 
        redesignated) the following:</DELETED>
        <DELETED>    ``(10) `predominant aggressor' means the 
        individual who has been determined to be the principal 
        perpetrator of violence, by factors including--</DELETED>
                <DELETED>    ``(A) history of domestic 
                violence;</DELETED>
                <DELETED>    ``(B) relative severity of the injuries 
                inflicted on each person;</DELETED>
                <DELETED>    ``(C) the likelihood of future injury to 
                each person;</DELETED>
                <DELETED>    ``(D) whether one of the persons acted in 
                self-defense; and</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    (5) by redesignating paragraph (8) as paragraph 
        (11).</DELETED>
<DELETED>    (c) Condition for Custody Determination.--Section 
1738A(c)(2)(C) of such title is amended--</DELETED>
        <DELETED>    (1) by striking ``he'' and inserting ``the child, 
        or a sibling or parent of the child,''; and</DELETED>
        <DELETED>    (2) by inserting ``, including acts of domestic 
        violence by the other parent'' after ``abuse''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (e) Child Custody Determinations.--Section 1738A of such 
title is amended by adding at the end the following:</DELETED>
<DELETED>    ``(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).</DELETED>

         <DELETED>TITLE XI--SEXUAL ASSAULT PREVENTION</DELETED>

   <DELETED>Subtitle A--Standards, Practice, and Training for Sexual 
                     Assault Examinations</DELETED>

<DELETED>SEC. 1101. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 1102. STANDARDS, PRACTICE, AND TRAINING FOR SEXUAL 
              ASSAULT EXAMINATIONS.</DELETED>

<DELETED>    (a) In General.--The Attorney General shall--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $200,000 for fiscal year 
1999.</DELETED>

    <DELETED>Subtitle B--Prevention of Custodial Sexual Assault by 
                      Correctional Staff</DELETED>

<DELETED>SEC. 1111. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 1112. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Custodial sexual assault of women by 
        correctional officers includes documented incidents of vaginal, 
        oral, and anal rape.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 1113. ESTABLISHMENT OF PREVENTION PROGRAM.</DELETED>

<DELETED>    (a) Program Guidelines.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Requirements.--Such guidelines shall include 
        requirements that--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Release of Information.--The information collected 
under subsection (a)(2) shall be treated as private data except that--
</DELETED>
        <DELETED>    (1) such information may be disclosed to law 
        enforcement agencies for law enforcement purposes;</DELETED>
        <DELETED>    (2) such information may be disclosed to 
        government agencies conducting confidential background checks; 
        and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Ineligibility for Funds.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 1114. DEFINITIONS.</DELETED>

<DELETED>    For purposes of this subtitle--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) parties involved are a person in 
                custody of a correctional department and a member of 
                the correctional staff; or</DELETED>
                <DELETED>    (B) contact occurs under circumstances of 
                coercion, duress, or threat of force by a member of the 
                correctional staff.</DELETED>

       <DELETED>TITLE XII--FULL FAITH AND CREDIT FOR PROTECTION 
                            ORDERS</DELETED>

<DELETED>SEC. 1201. FULL FAITH AND CREDIT FOR PROTECTION 
              ORDERS.</DELETED>

<DELETED>    (a) Section 2265 of title 18, United States Code, is 
amended by adding at the end the following:</DELETED>
<DELETED>    ``(d) Formula Grant Reduction for Noncompliance.--
</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''</DELETED>
<DELETED>    ``(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).''.</DELETED>
<DELETED>    (b) Definitions.--Section 2266 of title 18, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by inserting ``issued pursuant to State 
        divorce and child custody codes'' after ``custody orders''; 
        and</DELETED>
        <DELETED>    (2) by adding ``Custody and visitation provisions 
        in protection orders are subject to the mandates of this 
        chapter.'' after ``seeking protection.''.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) The degree to which any case of noncompliance 
        by a State official represents an isolated incident, rather 
        than a pattern of nonenforcement.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 1202. GRANT PROGRAM.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Uses of Funds.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>TITLE XIII--FEDERAL WITNESS PROTECTION FOR VICTIMS OF DOMESTIC 
                           VIOLENCE</DELETED>

<DELETED>SEC. 1301. WITNESS PROTECTION.</DELETED>

<DELETED>    (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,''.</DELETED>
<DELETED>    (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,''.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>TITLE XIV--CIVILIAN JURISDICTION FOR CRIMES OF SEXUAL ASSAULT 
                    AND DOMESTIC VIOLENCE</DELETED>

<DELETED>SEC. 1401. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED 
              STATES BY PERSONS ACCOMPANYING THE ARMED 
              FORCES.</DELETED>

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

 <DELETED>``CHAPTER 212--DOMESTIC VIOLENCE AND SEXUAL ASSAULT OFFENSES 
             COMMITTED OUTSIDE THE UNITED STATES</DELETED>

<DELETED>``Sec.
<DELETED>``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.
<DELETED>``3262. Definitions for chapter.
<DELETED>``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</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>``Sec. 3262. Definitions for chapter</DELETED>
<DELETED>    ``As used in this chapter--</DELETED>
        <DELETED>    ``(1) the term `Armed Forces' has the same meaning 
        as in section 101(a)(4) of title 10;</DELETED>
        <DELETED>    ``(2) a person is `employed by the Armed Forces 
        outside of the United States' if the person--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) is present or residing outside of 
                the United States in connection with such employment; 
                and</DELETED>
                <DELETED>    ``(C) is not a national of the host 
                nation; and</DELETED>
        <DELETED>    ``(3) a person is `accompanying the Armed Forces 
        outside of the United States' if the person--</DELETED>
                <DELETED>    ``(A) is a dependent of a member of the 
                Armed Forces;</DELETED>
                <DELETED>    ``(B) is a dependent of a civilian 
                employee of the Department of Defense;</DELETED>
                <DELETED>    ``(C) is residing with the member or 
                civilian employee outside of the United States; 
                and</DELETED>
                <DELETED>    ``(D) is not a national of the host 
                nation.''.</DELETED>
<DELETED>    (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:</DELETED>

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

 <DELETED>TITLE XV--PREVENTING VIOLENCE AGAINST WOMEN IN TRADITIONALLY 
                   UNDERSERVED COMMUNITIES</DELETED>

<DELETED>SEC. 1501. ELDER ABUSE, NEGLECT, AND EXPLOITATION.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Authorization.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
subtitle.</DELETED>

    <DELETED>TITLE XVI--VIOLENCE AGAINST WOMEN TRAINING FOR HEALTH 
                         PROFESSIONS</DELETED>

<DELETED>SEC. 1601. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 1602. DOMESTIC VIOLENCE AND SEXUAL ASSAULT FORENSIC 
              EVIDENCE.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Examining and treating such victims, within 
        the scope of the health professional's discipline, training, 
        and practice.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Definitions.--For purposes of this section--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

 <DELETED>TITLE XVII--VIOLENCE AGAINST WOMEN INTERVENTION, PREVENTION, 
                    AND EDUCATION RESEARCH</DELETED>

 <DELETED>Subtitle A--Violence Against Women Prevention, Detection and 
                    Investigation Research</DELETED>

<DELETED>SEC. 1701. FINDINGS.</DELETED>

<DELETED>    (a) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 1702. TASK FORCE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Uses of Funds.--Funds appropriated under this section 
shall be used to--</DELETED>
        <DELETED>    (1) develop a coordinated strategy to strengthen 
        research focussed on education, prevention, and intervention 
        strategies on violence against women;</DELETED>
        <DELETED>    (2) track and report on all Federal research and 
        expenditures on violence against women;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 1703. PREVENTION, DETECTION, AND INVESITIGATION RESEARCH 
              GRANTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) longitudinal research to study the 
        developmental trajectory of violent behavior against women and 
        the way such violence differs from other violent 
        behaviors;</DELETED>
        <DELETED>    (2) examination of risk factors for sexual and 
        intimate partner violence for victims and perpetrators, such as 
        poverty, childhood victimization and other traumas;</DELETED>
        <DELETED>    (3) examination of short- and long-term efforts of 
        programs designed to prevent sexual and intimate partner 
        violence;</DELETED>
        <DELETED>    (4) outcome evaluations of interventions targeted 
        at children and teenagers;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 1704. ADDRESSING GAPS IN RESEARCH.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Uses of Funds.--Funds appropriated under this section 
shall be used to examine, but not be limited to, the following areas--
</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 1705. STUDY.</DELETED>

<DELETED>    The United States Sentencing Commission shall study the 
following and report to the Congress--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) analysis delineated by race, gender, type of 
        offense, and any other categories that would be useful for 
        understanding the problem; and</DELETED>
        <DELETED>    (5) recommendations with respect to the offenses 
        described in this section particularly any basis for a downward 
        adjustment in any applicable guidelines 
        determination.</DELETED>

<DELETED>SEC. 1706. STATUS REPORT ON LAWS REGARDING RAPE AND SEXUAL 
              ASSAULT OFFENSES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) Definitions of rape and sexual assault, 
        including any marital rape exception and any other exception or 
        downgrading of offense.</DELETED>
        <DELETED>    (2) Element of consent and coercive conduct, 
        including deceit.</DELETED>
        <DELETED>    (3) Element of physical resistance and affirmative 
        nonconsent as a precondition for conviction.</DELETED>
        <DELETED>    (4) Element of force, including penetration 
        requirement as aggravating factor and use of 
        coercion.</DELETED>
        <DELETED>    (5) Evidentiary matters--</DELETED>
                <DELETED>    (A) inferences--timeliness of complaint 
                under the Model Penal Code;</DELETED>
                <DELETED>    (B) post traumatic stress disorder 
                (including rape trauma syndrome) relevancy of scope and 
                admissibility;</DELETED>
                <DELETED>    (C) rape shield laws--in camera 
                evidentiary determinations;</DELETED>
                <DELETED>    (D) prior bad acts; and</DELETED>
                <DELETED>    (E) corroboration requirement and 
                cautionary jury instructions.</DELETED>
        <DELETED>    (6) Existence of special rules for rape and sexual 
        assault offenses.</DELETED>
        <DELETED>    (7) Use of experts.</DELETED>
        <DELETED>    (8) Sentencing--</DELETED>
                <DELETED>    (A) plea bargains;</DELETED>
                <DELETED>    (B) presentence reports;</DELETED>
                <DELETED>    (C) recidivism and remorse;</DELETED>
                <DELETED>    (D) adolescents;</DELETED>
                <DELETED>    (E) psychological injuries;</DELETED>
                <DELETED>    (F) gravity of crime and trauma to victim; 
                and</DELETED>
                <DELETED>    (G) race.</DELETED>
        <DELETED>    (9) Any personal or professional relationship 
        between the perpetrator and the victim.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Authorization of Appropriation.--It is authorized that 
$200,000 be appropriated to carry out the study required by this 
section.</DELETED>

<DELETED>SEC. 1707. RESEARCH CENTERS.</DELETED>

<DELETED>    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.</DELETED>

     <DELETED>TITLE XVIII--PUBLIC ACCESS TO FBI DATABASE ON SEXUAL 
                          OFFENDERS</DELETED>

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

<DELETED>    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:</DELETED>

<DELETED>``SEC. 170103. TELEPHONE ACCESS FOR THE PUBLIC TO FBI 
              DATABASE.</DELETED>

<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) The address of the individual's 
        residence.</DELETED>
        <DELETED>    ``(2) The individual's Social Security 
        number.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) The individual's date of birth.</DELETED>
        <DELETED>    ``(5) Such other information as the Attorney 
        General determines to be appropriate for purposes of 
        identification of the individual.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) The requirements described in sub- section 
        (b).</DELETED>
        <DELETED>    ``(2) The fee for the use of the telephone 
        service.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) A warning that the service is not be 
        available to persons under 18 years of age.</DELETED>
        <DELETED>    ``(5) Such other information as the Attorney 
        General determines to be appropriate.</DELETED>
<DELETED>    ``(d) Fees for Use of Service.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Limitation on number of requests.--A person 
        may not make more than two requests for such information per 
        use of the service.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Penalties for Misuse of Information.--</DELETED>
        <DELETED>    ``(1) Prohibitions.--Whoever, having obtained 
        information described in subsection (a)(2) from the service, 
        knowingly uses such information--</DELETED>
                <DELETED>    ``(A) for any purpose other than to 
                protect a minor at risk; or</DELETED>
                <DELETED>    ``(B) with respect to insurance, housing, 
                or any other use that the Attorney General may 
                determine--</DELETED>
                        <DELETED>    ``(i) is unnecessary for the 
                        protection of a minor at risk or;</DELETED>
                        <DELETED>    ``(ii) which creates a 
                        disproportionate prejudicial effect,</DELETED>
        <DELETED>shall be punished as provided in paragraph 
        (2).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Definitions.--As used in this section:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Person.--The term `person' means a person 
        who requests the information described in subsection 
        (a)(2).</DELETED>
        <DELETED>    ``(3) Individual.--The term `individual' means an 
        individual who is required to register under this 
        subtitle.''.</DELETED>

      <DELETED>TITLE XIX--LIMITING AVAILABILITY OF PORNOGRAPHY ON 
                          COMPUTERS</DELETED>

<DELETED>SEC. 1901. LIMITING AVAILABILITY OF PORNOGRAPHY ON 
              COMPUTERS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Contents of Study.--The study shall address the 
following:</DELETED>
        <DELETED>    (1) The capabilities of present-day computer-based 
        control technologies for controlling electronic transmission of 
        pornographic images.</DELETED>
        <DELETED>    (2) Research needed to develop computer-based 
        control technologies to the point of practical utility for 
        controlling the electronic transmission of pornographic 
        images.</DELETED>
        <DELETED>    (3) Any inherent limitations of computer-based 
        control technologies for controlling electronic transmission of 
        pornographic images.</DELETED>
        <DELETED>    (4) Operational policies or management techniques 
        needed to ensure the effectiveness of these control 
        technologies for controlling electronic transmission of 
        pornographic images.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) The possible constitutional limitations or 
        constraints with respect to any of the matters described in 
        paragraphs (1) through (5).</DELETED>
<DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

             TITLE I--PROTECTION OF CHILDREN FROM PREDATORS

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

        TITLE II--PROTECTION OF CHILDREN FROM CHILD PORNOGRAPHY

Sec. 201. Additional jurisdictional base for prosecution of production 
                            of child pornography.
Sec. 202. Increased penalties for child pornography offenses.

                   TITLE III--SEXUAL ABUSE PREVENTION

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

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

Sec. 401. Transfer of obscene material to minors.

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

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

       TITLE VI--CRIMINAL, PROCEDURAL, AND ADMINISTRATIVE REFORMS

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

            TITLE VII--MURDER AND KIDNAPPING INVESTIGATIONS

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

     TITLE VIII--RESTRICTED ACCESS TO INTERACTIVE COMPUTER SERVICES

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

                           TITLE IX--STUDIES

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

             TITLE I--PROTECTION OF CHILDREN FROM PREDATORS

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

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

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

SEC. 102. COERCION AND ENTICEMENT.

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

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

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

SEC. 104. REPEAT OFFENDERS IN TRANSPORTATION OFFENSE.

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

``2426. Repeat offenders.''.

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

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

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

SEC. 106. TRANSPORTATION GENERALLY.

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

        TITLE II--PROTECTION OF CHILDREN FROM CHILD PORNOGRAPHY

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

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

SEC. 202. INCREASED PENALTIES FOR CHILD PORNOGRAPHY OFFENSES.

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

                   TITLE III--SEXUAL ABUSE PREVENTION

SEC. 301. ELIMINATION OF REDUNDANCY AND AMBIGUITIES.

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

SEC. 302. INCREASED PENALTIES FOR ABUSIVE SEXUAL CONTACT.

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

SEC. 303. REPEAT OFFENDERS IN SEXUAL ABUSE CASES.

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

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

SEC. 401. TRANSFER OF OBSCENE MATERIAL TO MINORS.

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

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

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

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

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

SEC. 502. SENTENCING ENHANCEMENT FOR CHAPTER 117 OFFENSES.

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

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

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

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

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

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

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

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

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

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

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

       TITLE VI--CRIMINAL, PROCEDURAL, AND ADMINISTRATIVE REFORMS

SEC. 601. PRETRIAL DETENTION OF SEXUAL PREDATORS.

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

SEC. 602. CRIMINAL FORFEITURE FOR OFFENSES AGAINST MINORS.

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

SEC. 603. CIVIL FORFEITURE FOR OFFENSES AGAINST MINORS.

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

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

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

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

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

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

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

SEC. 606. ADMINISTRATIVE SUBPOENAS.

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

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

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

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

            TITLE VII--MURDER AND KIDNAPPING INVESTIGATIONS

SEC. 701. AUTHORITY TO INVESTIGATE SERIAL KILLINGS.

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

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

SEC. 702. KIDNAPPING.

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

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

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

     TITLE VIII--RESTRICTED ACCESS TO INTERACTIVE COMPUTER SERVICES

SEC. 801. PRISONER ACCESS.

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

SEC. 802. RECOMMENDED PROHIBITION.

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

SEC. 803. SURVEY.

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

                           TITLE IX--STUDIES

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

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

SEC. 902. STUDY OF HOTLINES.

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

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