[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1987 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1987

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 24, 1998

 Mr. DeWine (for himself and Mrs. Hutchison) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Child Protection 
and Sexual Predator Punishment 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--PROTECTING CHILDREN FROM SEXUAL PREDATORS AND COMPUTER 
                              PORNOGRAPHY

Sec. 101. Contacting minors for sexual purposes.
Sec. 102. Transfer of obscene material to minors.
Sec. 103. Increased prison sentences for enticement of minors.
Sec. 104. Increased penalties for certain activities relating to 
                            material involving the sexual exploitation 
                            of minors or child pornography and 
                            technical correction.
Sec. 105. Criminal forfeiture for solicitation of minors and interstate 
                            prostitution.
Sec. 106. Pretrial detention of child sex offenders.
Sec. 107. Increased prison sentences.
Sec. 108. Repeat offenders in transportation offense.
                  TITLE II--PUNISHING SEXUAL PREDATORS

Sec. 201. Sentencing enhancement in section 2423 cases.
Sec. 202. Increased penalties for transportation of minors or assumed 
                            minors for illegal sexual activity and 
                            related crimes.
Sec. 203. Increased penalties for abusive sexual contact.
Sec. 204. Repeat offenders in sexual abuse cases.
Sec. 205. Civil remedy for personal injuries resulting from certain sex 
                            crimes against children.
Sec. 206. Elimination of redundancy and ambiguities.
 TITLE III--FEDERAL INVESTIGATIONS OF SEX CRIMES AGAINST CHILDREN AND 
                             SERIAL KILLERS

Sec. 301. Administrative subpoenas.
Sec. 302. Kidnapping.
Sec. 303. Murder.
Sec. 304. Morgan P. Hardiman Child Abduction and Serial Murder 
                            Investigative Resources Center.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Establishment of general attempt offense.
Sec. 402. Rationalization of conspiracy penalty and establishment of 
                            renunciation defense.

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

SEC. 101. CONTACTING MINORS FOR SEXUAL PURPOSES.

    Section 2422 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(c) Contacting Minors for Sexual Purposes.--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 contacts an individual who has not attained the age 
of 18 years, or knowingly contacts an individual who has been 
represented to the person making the contact as not having attained the 
age of 18 years, for the purpose 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, imprisoned not more than 5 years, or both.''.

SEC. 102. TRANSFER OF OBSCENE MATERIAL TO MINORS.

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

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

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

SEC. 104. INCREASED PENALTIES FOR CERTAIN ACTIVITIES RELATING TO 
              MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS OR 
              CHILD PORNOGRAPHY AND TECHNICAL CORRECTION.

    (a) Increased Penalties in Section 2252.--Section 2252(b) of title 
18, United States Code, is amended--
            (1) in each of paragraphs (1) and (2), by striking ``or 
        chapter 109A'' and inserting ``chapter 109A, or chapter 117''; 
        and
            (2) in paragraph (2), by inserting ``the offense consisted 
        of the possession of 50 or more items of the sort described in 
        subsection (a)(4) or'' after ``if''.
    (b) Increased Penalties in Section 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''.
    (c) Other Amendments.--Chapter 110 of title 18, United States Code, 
is amended--
            (1) in section 2251--
                    (A) in subsection (a), by striking ``if such person 
                knows'' and all that follows before the period and 
                inserting the following: ``if--
            ``(1) such person knows or has reason to know that such 
        visual depiction will be transported in interstate or foreign 
        commerce or mailed;
            ``(2) such visual depiction has actually been transported 
        in interstate or foreign commerce or mailed; or
            ``(3) such visual depiction is produced with materials that 
        have been mailed, shipped, or transported in interstate or 
        foreign commerce by any means, including by computer''; and
                    (B) in subsection (b), by striking ``if such 
                parent, legal'' and all that follows before the period 
                and inserting the following: ``if--
            ``(1) such parent, legal guardian, or person knows or has 
        reason to know that such visual depiction will be transported 
        in interstate or foreign commerce or mailed;
            ``(2) such visual depiction has actually been transported 
        in interstate or foreign commerce or mailed; or
            ``(3) such visual depiction is produced with materials that 
        have been mailed, shipped, or transported in interstate or 
        foreign commerce by any means, including by computer'';
            (2) in section 2252(a), by striking paragraph (4) and 
        inserting the following:
            ``(4) either--
                    ``(A) in the special maritime and territorial 
                jurisdiction of the United States, or on any land or 
                building owned by, leased to, or otherwise used by or 
                under the control of the Government of the United 
                States, or in the Indian country (as defined in section 
                1151), knowingly possesses--
                            ``(i) 1 or more books, magazines, 
                        periodicals, films, video tapes, computer 
                        disks, or other matter that contain any visual 
                        depiction, if--
                                    ``(I) the producing of such visual 
                                depiction involves the use of a minor 
                                engaging in sexually explicit conduct; 
                                and
                                    ``(II) such visual depiction is of 
                                such conduct; or
                            ``(ii) any book, magazine, periodical, 
                        film, videotape, computer disk, or any other 
                        material that contains 1 or more visual 
                        depictions, if--
                                    ``(I) the producing of each visual 
                                depiction involves the use of a minor 
                                engaging in sexually explicit conduct; 
                                and
                                    ``(II) each visual depiction is of 
                                such conduct; or
                    ``(B) knowingly possesses--
                            ``(i) 1 or more books, magazines, 
                        periodicals, films, video tapes, or other 
                        matter that contain any visual depiction that 
                        has been mailed, or has been shipped or 
                        transported in interstate or foreign commerce, 
                        or that was produced using materials that have 
                        been mailed or so shipped or transported, by 
                        any means including by computer, if--
                                    ``(I) the producing of such visual 
                                depiction involves the use of a minor 
                                engaging in sexually explicit conduct; 
                                and
                                    ``(II) such visual depiction is of 
                                such conduct; or
                            ``(ii) any book, magazine, periodical, 
                        film, videotape, computer disk, or any other 
                        material that contains 1 or more visual 
                        depictions, if--
                                    ``(I) the producing of each visual 
                                depiction involves the use of a minor 
                                engaging in sexually explicit conduct; 
                                and
                                    ``(II) each visual depiction is of 
                                such conduct;''; and
            (3) in section 2259(a), by inserting ``or chapter 117'' 
        before the period at the end.

SEC. 105. CRIMINAL FORFEITURE FOR SOLICITATION OF MINORS AND INTERSTATE 
              PROSTITUTION.

    Section 2253(a) 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. 106. PRETRIAL DETENTION OF CHILD SEX OFFENDERS.

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

SEC. 107. INCREASED PRISON SENTENCES.

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

SEC. 108. REPEAT OFFENDERS IN TRANSPORTATION OFFENSE.

    (a) Generally.--Chapter 117 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2425. Repeat offenders
    ``(a) 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) Definition of Prior Sex Conviction.--In this section, the 
term `prior sex offense conviction' means a conviction for an offense--
            ``(1) under this chapter, chapter 109A, chapter 110, or 
        chapter 117; or
            ``(2) under State law for an offense consisting of conduct 
        that would have been an offense under a chapter referred to in 
        paragraph (1) if the conduct had occurred within the special 
        maritime and territorial jurisdiction of the United States or 
        in any Territory or Possession of the United States.''.
    (b) Technical Amendment.--The analysis for chapter 117 of title 18, 
United States Code, is amended by adding at the end the following:

``2425. Repeat offenders.''.

                  TITLE II--PUNISHING SEXUAL PREDATORS

SEC. 201. SENTENCING ENHANCEMENT IN SECTION 2423 CASES.

    (a) In General.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, the United States Sentencing Commission 
shall review and amend the Federal sentencing guidelines to provide a 
sentencing enhancement for any offense listed in section 2423 of title 
18, United States Code.
    (b) Instruction to Commission.--The 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. 202. INCREASED PENALTIES FOR TRANSPORTATION OF MINORS OR ASSUMED 
              MINORS FOR ILLEGAL SEXUAL ACTIVITY AND RELATED CRIMES.

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

SEC. 203. INCREASED PENALTIES FOR ABUSIVE SEXUAL CONTACT.

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

SEC. 204. 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) Definition of Prior Sex Offense Conviction.--In this section, 
the term `prior sex offense conviction' has the meaning given the term 
in section 2425.''.

SEC. 205. CIVIL REMEDY FOR PERSONAL INJURIES RESULTING FROM CERTAIN SEX 
              CRIMES AGAINST CHILDREN.

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

SEC. 206. ELIMINATION OF REDUNDANCY AND AMBIGUITIES.

    (a) Elimination of Redundancy.--Section 2241(c) of title 18, United 
States Code, is amended to read as follows:
    ``(c) In General.--Any person who--
            ``(1) crosses a State line with the intent to engage in a 
        sexual activity with an individual who has not attained the age 
        of 12 years, and subsequently engages or attempts to engage in 
        that activity with that individual;
            ``(2) crosses a State line with the intent to engage in a 
        sexual activity with an individual who has attained the age of 
        12 years, but who has not attained the age of 18 years, and who 
        is not less 4 years younger than that person, and subsequently 
        engages or attempts to engage in that activity with that 
        individual; or
            ``(3) engages in an aggravated sexual activity under the 
        circumstances described in subsections (a) and (b) with an 
        individual who has attained the age of 12 years, but who has 
        not attained the age of 18 years;
shall be fined under this title, imprisoned not more than 15 years or 
for life, or both.''.
    (b) Elimination of 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) Definition of State.--Section 2246 of title 18, United States 
Code, is amended--
            (1) in paragraph (5), by striking the period and inserting 
        a semicolon; and
            (2) by adding at the end the following:
            ``(6) the term `State' means each of the several States of 
        the United States, the District of Columbia, and the 
        commonwealths, territories, and possessions of the United 
        States.''.

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

SEC. 301. ADMINISTRATIVE SUBPOENAS.

    (a) In General.--Chapter 203 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3064. Administrative subpoenas
    ``(a) Authorization of Use.--In an investigation of an alleged 
violation of chapter 53, chapter 109A, or chapter 117, in which a 
victim is an individual who has not, or who has been represented not to 
have, 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 that 
constitute or contain evidence) that 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 location at which the witness was served with a 
subpoena. Witnesses summoned under this section shall be paid the same 
fees and commissions that are paid witnesses in the courts of the 
United States.
    ``(b) Service.--A subpoena issued under this section may be served 
by any person designated in the subpoena to serve it. Service upon a 
natural person may be made by personal delivery of the subpoena to that 
person or by certified mail with return receipt requested. Service may 
be made upon a domestic or foreign corporation or upon a partnership or 
other unincorporated association that is subject to suit under a common 
name, by delivering the subpoena to an officer, to a managing or 
general agent, or any other agent authorized by appointment or by law 
to receive service of process. The affidavit of the person serving the 
subpoena entered on a true copy thereof by the person serving it shall 
be proof of service.
    ``(c) Enforcement.--In the case of contumacy by or the refusal to 
obey a subpoena issued to any person under this section, the Attorney 
General may invoke the aid of any court of the United States within the 
jurisdiction of which the investigation is carried on, or of which the 
person is an inhabitant or in which the person carries on business or 
may be found, to compel compliance with the subpoena. The court may 
issue an order requiring the subpoenaed person to appear before the 
Attorney General to produce records, if so ordered, or to give 
testimony regarding the matter under investigation. Any failure to obey 
the order of the court may be punished by the court as contempt 
thereof. All process in any such case may be served in any judicial 
district in which such person may be found.''.
    (b) Technical Amendment.--The analysis for chapter 203 of title 18, 
United States Code, is amended by adding at the end the following:

``3064. Administrative subpoenas.''.

SEC. 302. KIDNAPPING.

    (a) 24-Hour Rule.--Section 1201(b) of title 18, United States Code, 
is amended by adding at the end the following: ``However, the fact that 
the presumption under this section has not yet taken effect does not 
preclude a Federal investigation of a possible violation of this 
section before the 24-hour period has expired.''.
    (b) Jurisdictional Elements.--Section 1201(a) of title 18, United 
States Code, is amended--
            (1) in paragraph (4), by striking ``or'' at the end;
            (2) in paragraph (5), by adding ``or'' at the end; and
            (3) by adding at the end the following:
            ``(6) the offender travels in interstate or foreign 
        commerce, or the mail or any facility or means of interstate or 
        foreign commerce is used in furtherance of the offense;''.
    (c) Clarification of Element of Offense.--Section 1201(a) of title 
18, United States Code, is amended by inserting ``, regardless of 
whether such person was alive when transported across a State boundary 
provided the person was alive when the transportation began'' before 
the semicolon at the end of paragraph (1);

SEC. 303. MURDER

    (a) New Offense of Crossing State Lines With Intent to Commit 
Murder.--Chapter 51 of title 18, United States Code, is amended by 
adding at the end the following:
``Sec. 1123. Crossing State lines with intent to commit murder
    ``(a) In General.--Whoever travels across a State line or enters or 
leaves Indian country with the intent to engage in conduct that 
constitutes murder in the first degree (as defined in section 1111) 
shall be imprisoned for life and, if death results, may be sentenced to 
death.
    ``(b) Prosecution.--No prosecution for any offense described in 
this section shall be undertaken by the United States except on written 
certification of the Attorney General (or the highest ranking 
subordinate of the Attorney General with responsibility for criminal 
prosecutions) that, in the judgment of the certifying official, the 
conduct intended to be engaged in was a serial killing. A certification 
under this subsection shall not be reviewable in any court.
    ``(c) Definitions.--In this section--
            ``(1) the term `serial killing' means 1 in a series of 3 or 
        more killings during separate criminal episodes, not less than 
        1 of which is committed in the United States having common 
        characteristics that suggest the reasonable possibility the 
        killings were committed by the same actor or actors; and
            ``(2) the term `State' means a State, the District of 
        Columbia, and any commonwealth, territory, or possession of the 
        United States.''.
    (b) Technical Amendment.--The analysis for chapter 51 of title 18, 
United States Code, is amended by adding at the end the following:

``1123. Crossing State lines with intent to commit murder.''.

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

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Attorney General shall establish within the 
Federal Bureau of Investigation a Child Abduction and Serial Murder 
Investigative Resources Center to be known as the ``Morgan P. Hardiman 
Child Abduction and Serial Murder Investigative Resources Center'' (in 
this section referred to as the ``CASMIRC'').
    (b) Purpose.--The CASMIRC shall be managed by the National Center 
for the Analysis of Violent Crime of the Critical Incident Response 
Group of the Federal Bureau of Investigation (in this section referred 
to as the ``NCAVC''), and by multidisciplinary resource teams in 
Federal Bureau of Investigation field offices, in order to provide 
investigative support through the coordination and provision of Federal 
law enforcement resources, training, and application of other 
multidisciplinary expertise, to assist Federal, State, and local 
authorities in matters involving child abductions, mysterious 
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 to--
                    (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 Appropriation.--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 IV--MISCELLANEOUS PROVISIONS

SEC. 401. ESTABLISHMENT OF GENERAL ATTEMPT OFFENSE.

    Chapter 19 of title 18, United States Code, is amended--
            (1) in the chapter heading, by striking ``Conspiracy'' and 
        inserting ``Inchoate offenses''; and
            (2) by adding at the end the following:
``Sec. 374. Attempt to commit offense
    ``(a) In General.--Whoever, acting with the state of mind otherwise 
required for the commission of an offense described in this title, 
intentionally engages in conduct that, in fact, constitutes a 
substantial step toward the commission of the offense is guilty of an 
attempt and is subject to the same penalties as those prescribed 
for the offense the commission of which was the object of the attempt, 
except that the penalty of death shall not be imposed.
    ``(b) Inability to Commit Offense; Completion of Offense.--It is 
not a defense to a prosecution under this section--
            ``(1) that it was factually impossible for the actor to 
        commit the offense, if the offense could have been committed 
        had the circumstances been as the actor believed them to be; or
            ``(2) that the offense attempted was completed.
    ``(c) Exceptions.--The section shall not apply--
            ``(1) to an offense consisting of conspiracy, attempt, 
        endeavor, or solicitation;
            ``(2) to an offense consisting of an omission, refusal, 
        failure of refraining to act;
            ``(3) to an offense involving negligent conduct; or
            ``(4) to an offense described in section 1118, 1120, 1121, 
        or 1153 of this title.
    ``(d) Affirmative Defense.--It is an affirmative defense to a 
prosecution under this section, on which the defendant bears the burden 
of persuasion by a preponderance of the evidence, that, under 
circumstances manifesting a voluntary and complete renunciation of 
criminal intent, the defendant prevented the commission of the offense. 
A renunciation is not `voluntary and complete' if it is motivated in 
whole or in part by circumstances that increase the probability of 
detection or apprehension or that make it more difficult to accomplish 
the offense, or by a decision to postpone the offense until a more 
advantageous time or to transfer the criminal effort to a similar 
objective or victim.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
19 of title 18, United States Code, is amended by adding at the end the 
following:

``374. Attempt to commit offense.''.

SEC. 402. RATIONALIZATION OF CONSPIRACY PENALTY AND CREATION OF 
              RENUNCIATION DEFENSE.

    Section 371 of title 18, United States Code, is amended--
            (1) by striking the second undesignated paragraph; and
            (2) in the first undesignated paragraph--
                    (A) by striking ``If two or more'' and inserting 
                the following:
    ``(a) In General.--If 2 or more''; and
                    (B) by striking ``either to commit any offense 
                against the United States, or'';
            (3) by adding at the end the following:
    ``(b) Conspiracy.--If 2 or more persons conspire to commit any 
offense against the United States, and 1 or more of such persons do any 
act to effect the object of the conspiracy, each shall be subject to 
the same penalties as those prescribed for the most serious offense the 
commission of which was the object of the conspiracy, except that the 
penalty of death shall not be imposed.
    ``(c) Affirmative Defense.--It is an affirmative defense to a 
prosecution under this section, on which the defendant bears the burden 
of persuasion by a preponderance of the evidence, that, under 
circumstances manifesting a voluntary and complete renunciation of 
criminal intent, the defendant prevented the commission of every 
offense that was an object of the conspiracy. A renunciation is not 
`voluntary and complete' if it is motivated, in whole or in part, by 
circumstances that increase the probability of detection or 
apprehension or that make it more difficult to accomplish the offense, 
or by a decision to postpone the offense to a more advantageous time, 
or to transfer the criminal effort to a similar objective or victim.''.
                                 <all>