[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2073 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                S. 2073

_______________________________________________________________________

                                 AN ACT


 
  To authorize appropriations for the National Center for Missing and 
                          Exploited Children.

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

SECTION 1. FINDINGS.

    Congress makes the following findings:
            (1) For 14 years, the National Center for Missing and 
        Exploited Children (referred to in this section as the 
        ``Center'') has--
                    (A) served as the national resource center and 
                clearinghouse congressionally mandated under the 
                provisions of the Missing Children's Assistance Act of 
                1984; and
                    (B) worked in partnership with the Department of 
                Justice, the Federal Bureau of Investigation, the 
                Department of the Treasury, the Department of State, 
                and many other agencies in the effort to find missing 
                children and prevent child victimization.
            (2) Congress has given the Center, which is a private non-
        profit corporation, unique powers and resources, such as having 
        access to the National Crime Information Center of the Federal 
        Bureau of Investigation, and the National Law Enforcement 
        Telecommunications System.
            (3) Since 1987, the Center has operated the National Child 
        Pornography Tipline, in conjunction with the United States 
        Customs Service and the United States Postal Inspection Service 
        and, beginning this year, the Center established a new 
        CyberTipline on child exploitation, thus becoming ``the 911 for 
        the Internet''.
            (4) In light of statistics that time is of the essence in 
        cases of child abduction, the Director of the Federal Bureau of 
        Investigation in February of 1997 created a new NCIC child 
        abduction (``CA'') flag to provide the Center immediate 
        notification in the most serious cases, resulting in 642 ``CA'' 
        notifications to the Center and helping the Center to have its 
        highest recovery rate in history.
            (5) The Center has established a national and increasingly 
        worldwide network, linking the Center online with each of the 
        missing children clearinghouses operated by the 50 States, the 
        District of Columbia, and Puerto Rico, as well as with Scotland 
        Yard in the United Kingdom, the Royal Canadian Mounted Police, 
        INTERPOL headquarters in Lyon, France, and others, which has 
        enabled the Center to transmit images and information regarding 
        missing children to law enforcement across the United States 
        and around the world instantly.
            (6) From its inception in 1984 through March 31, 1998, the 
        Center has--
                    (A) handled 1,203,974 calls through its 24-hour 
                toll-free hotline (1-800-THE-LOST) and currently 
                averages 700 calls per day;
                    (B) trained 146,284 law enforcement, criminal and 
                juvenile justice, and healthcare professionals in child 
                sexual exploitation and missing child case detection, 
                identification, investigation, and prevention;
                    (C) disseminated 15,491,344 free publications to 
                citizens and professionals; and
                    (D) worked with law enforcement on the cases of 
                59,481 missing children, resulting in the recovery of 
                40,180 children.
            (7) The demand for the services of the Center is growing 
        dramatically, as evidenced by the fact that in 1997, the Center 
        handled 129,100 calls, an all-time record, and by the fact that 
        its new Internet website (www.missingkids.com) receives 
        1,500,000 ``hits'' every day, and is linked with hundreds of 
        other websites to provide real-time images of breaking cases of 
        missing children, helping to cause such results as a police 
        officer in Puerto Rico searching the Center's website and 
        working with the Center to identify and recover a child 
        abducted as an infant from her home in San Diego, California, 7 
        years earlier.
            (8) In 1997, the Center provided policy training to 256 
        police chiefs and sheriffs from 50 States and Guam at its new 
        Jimmy Ryce Law Enforcement Training Center.
            (9) The programs of the Center have had a remarkable 
        impact, such as in the fight against infant abductions in 
        partnership with the healthcare industry, during which the 
        Center has performed 668 onsite hospital walk-throughs and 
        inspections, and trained 45,065 hospital administrators, 
        nurses, and security personnel, and thereby helped to reduce 
        infant abductions in the United States by 82 percent.
            (10) The Center is now playing a significant role in 
        international child abduction cases, serving as a 
        representative of the Department of State at cases under The 
        Hague Convention, and successfully resolving the cases of 343 
        international child abductions, and providing greater support 
        to parents in the United States.
            (11) The Center is a model of public/private partnership, 
        raising private sector funds to match congressional 
        appropriations and receiving extensive private in-kind support, 
        including advanced technology provided by the computer industry 
        such as imaging technology used to age the photographs of long-
        term missing children and to reconstruct facial images of 
        unidentified deceased children.
            (12) The Center was 1 of only 10 of 300 major national 
        charities given an A+ grade in 1997 by the American Institute 
        of Philanthropy.
            (13) In light of its impressive history, the Center has 
        been redesignated as the Nation's missing children 
        clearinghouse and resource center once every 3 years through a 
        competitive selection process conducted by the Office of 
        Juvenile Justice and Delinquency Prevention of the Department 
        of Justice, and has received grants from that Office to conduct 
        the crucial purposes of the Center.
            (14) An official congressional authorization will increase 
        the level of scrutiny and oversight by Congress and continue 
        the Center's long partnership with the Department of Justice 
        and the Office of Juvenile Justice and Delinquency Prevention 
        of the Department of Justice.
            (15) The exemplary record of performance and success of the 
        Center, as exemplified by the fact that the Center's recovery 
        rate has climbed from 62 to 91 percent, justifies action by 
        Congress to formally recognize the National Center for Missing 
        and Exploited Children as the Nation's official missing and 
        exploited children's center, and to authorize a line-item 
        appropriation for the National Center for Missing and Exploited 
        Children in the Federal budget.

SEC. 2. NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN.

    (a) Grants.--The Administrator of the Office of Juvenile Justice 
and Delinquency Prevention of the Department of Justice shall annually 
make a grant to the National Center for Missing and Exploited Children, 
which shall be used to--
            (1) operate the official national resource center and 
        information clearinghouse for missing and exploited children;
            (2) provide to State and local governments, public and 
        private nonprofit agencies, and individuals, information 
        regarding--
                    (A) free or low-cost legal, restaurant, lodging, 
                and transportation services that are available for the 
                benefit of missing and exploited children and their 
                families; and
                    (B) the existence and nature of programs being 
                carried out by Federal agencies to assist missing and 
                exploited children and their families;
            (3) coordinate public and private programs that locate, 
        recover, or reunite missing children with their families;
            (4) disseminate, on a national basis, information relating 
        to innovative and model programs, services, and legislation 
        that benefit missing and exploited children;
            (5) provide technical assistance and training to law 
        enforcement agencies, State, and local governments, elements of 
        the criminal justice system, public and private nonprofit 
        agencies, and individuals in the prevention, investigation, 
        prosecution, and treatment of cases involving missing and 
        exploited children; and
            (6) provide assistance to families and law enforcement 
        agencies in locating and recovering missing and exploited 
        children, both nationally and internationally.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section, 
$10,000,000 for each of fiscal years 1999, 2000, 2001, 2002, and 2003.

SEC. 3. CHILD EXPLOITATION SENTENCING ENHANCEMENTS.

    (a) Definitions.--In this section:
            (1) Child; children.--The term ``child'' or ``children'' 
        means a minor or minors of an age specified in the applicable 
        provision of title 18, United States Code, that is subject to 
        review under this section.
            (2) Minor.--The term ``minor'' means any individual who has 
        not attained the age of 18, except that, with respect to 
        references to section 2243 of title 18, United States Code, the 
        term means an individual described in subsection (a) of that 
        section.
    (b) Increased Penalties for Use of a Computer in the Sexual Abuse 
or Exploitation of a Child.--Pursuant to the authority granted to the 
United States Sentencing Commission 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 
        juvenile under section 2422(b) of title 18, United States Code, 
        and transportation of minors 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 an appropriate sentencing enhancement if the defendant 
        used a computer with the intent to persuade, induce, entice, or 
        coerce a child of an age specified in the applicable provision 
        referred to in paragraph (1) to engage in any prohibited sexual 
        activity.
    (c) Increased Penalties for Knowing Misrepresentation in the Sexual 
Abuse or Exploitation of a Child.--Pursuant to the authority granted to 
the United States Sentencing Commission 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 
        juvenile under section 2422(b) of title 18, United States Code, 
        and transportation of minors 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 an appropriate sentencing enhancement if the defendant 
        knowingly misrepresented the actual identity of the defendant 
        with the intent to persuade, induce, entice, or coerce a child 
        of an age specified in the applicable provision referred to in 
        paragraph (1) to engage in a prohibited sexual activity.
    (d) Increased Penalties for Pattern of Activity of Sexual 
Exploitation of Children.--Pursuant to the authority granted to the 
United States Sentencing Commission under section 994(p) of title 28, 
United States Code, the United States Sentencing Commission shall--
            (1) review the Federal sentencing guidelines on criminal 
        sexual abuse, the production of sexually explicit material, the 
        possession of materials depicting a child engaging in sexually 
        explicit conduct, coercion and enticement of minors, and the 
        transportation of minors; and
            (2) upon completion of the review under paragraph (1), 
        promulgate amendments to the Federal sentencing guidelines to 
        provide an appropriate sentencing enhancement 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.
    (e) Repeat Offenders; Increased Maximum Penalties for 
Transportation for Illegal Sexual Activity and Related Crimes.--
            (1) Repeat offenders.--
                    (A) Chapter 117.--
                            (i) In general.--Chapter 117 of title 18, 
                        United States Code, is amended by adding at the 
                        end the following:
``Sec. 2425. Repeat offenders
    ``(a) In General.--Any person described in this subsection shall be 
subject to the punishment under subsection (b). A person described in 
this subsection is a person who violates a provision of this chapter, 
after one or more prior convictions--
            ``(1) for an offense punishable under this chapter, or 
        chapter 109A or 110; or
            ``(2) under any applicable law of a State relating to 
        conduct punishable under this chapter, or chapter 109A or 110.
    ``(b) Punishment.--A violation of a provision of this chapter by a 
person described in subsection (a) is punishable by a term of 
imprisonment of a period not to exceed twice the period that would 
otherwise apply under this chapter.''.
                            (ii) Conforming amendment.--The chapter 
                        analysis for chapter 117 of title 18, United 
                        States Code, is amended by adding at the end 
                        the following:

``2425. Repeat offenders.''.
                    (B) Chapter 109a.--Section 2247 of title 18, United 
                States Code, is amended to read as follows:
``Sec. 2247. Repeat offenders
    ``(a) In General.--Any person described in this subsection shall be 
subject to the punishment under subsection (b). A person described in 
this subsection is a person who violates a provision of this chapter, 
after one or more prior convictions--
            ``(1) for an offense punishable under this chapter, or 
        chapter 110 or 117; or
            ``(2) under any applicable law of a State relating to 
        conduct punishable under this chapter, or chapter 110 or 117.
    ``(b) Punishment.--A violation of a provision of this chapter by a 
person described in subsection (a) is punishable by a term of 
imprisonment of a period not to exceed twice the period that would 
otherwise apply under this chapter.''.
            (2) Increased maximum penalties for transportation for 
        illegal sexual activity and related crimes.--
                    (A) Transportation generally.--Section 2421 of 
                title 18, United States Code, is amended by striking 
                ``five'' and inserting ``10''.
                    (B) Coercion and enticement of minors.--Section 
                2422 of title 18, United States Code, is amended--
                            (i) in subsection (a), by striking ``five'' 
                        and inserting ``10''; and
                            (ii) in subsection (b), by striking ``10'' 
                        and inserting ``15''.
                    (C) Transportation of minors.--Section 2423 of 
                title 18, United States Code, is amended--
                            (i) in subsection (a), by striking ``ten'' 
                        and inserting ``15''; and
                            (ii) in subsection (b), by striking ``10'' 
                        and inserting ``15''.
            (3) Amendment of sentencing guidelines.--Pursuant to the 
        authority granted to the United States Sentencing Commission 
        under section 994(p) of title 28, United States Code, the 
        United States Sentencing Commission shall--
                    (A) review the Federal sentencing guidelines 
                relating to chapter 117 of title 18, United States 
                Code; and
                    (B) upon completion of the review under 
                subparagraph (A), promulgate such amendments to the 
                Federal sentencing guidelines as are necessary to 
                provide for the amendments made by this subsection.
    (f) Clarification of Definition of Distribution of Pornography.--
Pursuant to the authority granted to the United States Sentencing 
Commission 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.
    (g) Directive to United States Sentencing Commission.--In carrying 
out this section, the United States Sentencing Commission shall--
            (1) with respect to any action relating to the Federal 
        sentencing guidelines subject to this section, 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 
        guidelines for substantially the same offense.
    (h) Authorization for Guardians Ad Litem.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated to the Department of Justice, for the 
        purpose specified in paragraph (2), such sums as may be 
        necessary for each of fiscal years 1998 through 2001.
            (2) Purpose.--The purpose specified in this paragraph is 
        the procurement, in accordance with section 3509(h) of title 
        18, United States Code, of the services of individuals with 
        sufficient professional training, experience, and familiarity 
        with the criminal justice system, social service programs, and 
        child abuse issues to serve as guardians ad litem for children 
        who are the victims of, or witnesses to, a crime involving 
        abuse or exploitation.
    (i) Applicability.--This section and the amendments made by this 
section shall apply to any action that commences on or after the date 
of enactment of this Act.

SEC. 4. RUNAWAY AND HOMELESS YOUTH ACT.

    (a) In General.--Section 372(a) of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5714b(a)) is amended by 
striking ``unit of general local government'' and inserting ``unit of 
local government''.
    (b) Authorization of Appropriations.--
            (1) Technical amendments.--
                    (A) Error resulting from redesignation.--
                            (i) In general.--Section 3(i) of the Public 
                        Law 102-586 (106 Stat. 5026) is amended by 
                        striking ``Section 366'' and inserting 
                        ``Section 385''.
                            (ii) Effective date.--The amendment made by 
                        clause (i) shall take effect as if included in 
                        the amendments made by Public Law 102-586.
                    (B) Error resulting from references to nonexistent 
                provisions of law.--
                            (i) In general.--Section 40155 of the 
                        Violent Crime Control and Law Enforcement Act 
                        of 1994 (Public Law 103-322; 108 Stat. 1922) is 
                        amended by striking ``is amended--'' and all 
                        that follows through ``after section 315'' and 
                        inserting the following: ``is amended by adding 
                        at the end''.
                            (ii) Effective date.--The amendment made by 
                        clause (i) shall take effect as if included in 
                        the amendments made by the Violent Crime 
                        Control and Law Enforcement Act of 1994 (Public 
                        Law 103-322).
            (2) Reauthorizations.--
                    (A) In general.--Section 385 of the Juvenile 
                Justice and Delinquency Prevention Act of 1974 (42 
                U.S.C. 5751) (as amended by section 3(i) of the Public 
                Law 102-586 (106 Stat. 5026) (as amended by paragraph 
                (1)(A) of this subsection)) is amended--
                            (i) in subsection (a)--
                                    (I) in paragraph (1), by striking 
                                ``1993 and such sums as may be 
                                necessary for fiscal years 1994, 1995, 
                                and 1996'' and inserting ``1998 and 
                                such sums as may be necessary for each 
                                of fiscal years 1999, 2000, 2001, 2002, 
                                and 2003''; and
                                    (II) in paragraph (3), by striking 
                                subparagraphs (A) through (D) and 
                                inserting the following:
            ``(A) for fiscal year 1998, not less than $957,285;
            ``(B) for fiscal year 1999, not less than $1,005,150;
            ``(C) for fiscal year 2000, not less than $1,055,406;
            ``(D) for fiscal year 2001, not less than $1,108,177;
            ``(E) for fiscal year 2002, not less than $1,163,585; and
            ``(F) for fiscal year 2003, not less than $1,163,585.'';
                            (ii) in subsection (b), by striking ``1993 
                        and such sums as may be necessary for fiscal 
                        years 1994, 1995, and 1996'' and inserting 
                        ``1999 and such sums as may be necessary for 
                        each of fiscal years 2000, 2001, 2002, and 
                        2003''; and
                            (iii) in subsection (c), by striking 
                        ``1993, 1994, 1995, and 1996'' and inserting 
                        ``1999, 2000, 2001, 2002, and 2003''.
                    (B) Additional reauthorization.--Section 316 of 
                part A of the Runaway and Homeless Youth Act (42 U.S.C. 
                5712d) (as added by section 40155 of the Violent Crime 
                Control and Law Enforcement Act of 1994 (as amended by 
                paragraph (1)(B) of this subsection)) is--
                            (i) redesignated as section 315; and
                            (ii) amended by striking subsection (c) and 
                        inserting the following:
    ``(c) 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, 2001, 2002, and 2003.''.

            Passed the Senate June 26, 1998.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                S. 2073

_______________________________________________________________________

                                 AN ACT

  To authorize appropriations for the National Center for Missing and 
                          Exploited Children.