[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2648 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2648

   To protect children with respect to the Internet, to increase the 
criminal and civil penalties associated with certain crimes relating to 
                   children, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             October 21 (legislative day, October 2), 1998

   Mr. Dodd introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To protect children with respect to the Internet, to increase the 
criminal and civil penalties associated with certain crimes relating to 
                   children, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Keeping the Internet Decent and Safe 
Act''.

SEC. 2. PURCHASE OF SCREENING SOFTWARE BY ELEMENTARY AND SECONDARY 
              SCHOOLS.

    (a) In General.--Notwithstanding any other provision of law, an 
elementary school or secondary school may use any funds received under 
sections 3132 and 3136, and titles IV and VI, of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6842, 6846, 7101 et seq., 
and 7301 et seq.) and subtitle B of the Museum and Library Services Act 
(20 U.S.C. 9101 et seq.) to purchase screening software.
    (b) Definitions.--In this section:
            (1) Elementary school; secondary school.--The terms 
        ``elementary school'' and ``secondary school'' have the 
        meanings given the terms in section 14101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 8801).
            (2) Screening software.--The term ``screening software'' 
        means software that is designed to permit a person to limit 
        access to material on the Internet that is harmful to minors.

SEC. 3. ENHANCED CRIMINAL PENALTIES FOR CERTAIN SEXUAL EXPLOITATION OF 
              CHILDREN.

    (a) Forfeiture.--
            (1) Offenses relating to child pornography.--
                    (A) Criminal forfeiture.--Section 2253(a) of title 
                18, United States Code, is amended--
                            (i) in the matter preceding paragraph (1), 
                        by inserting ``, or an offense under section 
                        2252A of this chapter involving child 
                        pornography,'' after ``of this chapter''; and
                            (ii) in paragraph (1)--
                                    (I) by inserting ``any child 
                                pornography covered by section 2252A of 
                                this chapter,'' after ``of this 
                                chapter''; and
                                    (II) by inserting ``or child 
                                pornography, as the case may be'' after 
                                ``such visual depiction''.
                    (B) Civil forfeiture.--Section 2254(a) of such 
                title is amended--
                            (i) in paragraph (1)--
                                    (I) by inserting ``any child 
                                pornography covered by section 2252A of 
                                this chapter,'' after ``of this 
                                chapter''; and
                                    (II) by inserting ``or child 
                                pornography, as the case may be'' after 
                                ``such visual depiction''; and
                            (ii) in paragraphs (2) and (3), by 
                        inserting ``, or an offense under section 2252A 
                        of this chapter involving child pornography,'' 
                        after ``of this chapter'' each place it 
                        appears.
            (2) Offenses relating to coercion and enticement and 
        transportation of minors for sexual purposes.--
                    (A) In general.--Chapter 117 of such title is 
                amended by adding at the end the following new 
                sections:
``Sec. 2425. Criminal forfeiture
    ``(a) Property Subject to Criminal Forfeiture.--A person who is 
convicted of an offense under section 2422(b) or section 2423 shall 
forfeit to the United States such person's interest in--
            ``(1) any property, real or personal, constituting or 
        traceable to gross profits or other proceeds obtained from such 
        offense; and
            ``(2) any property, real or personal, used or intended to 
        be used to commit or to promote the commission of such offense.
    ``(b) Third Party Transfers.--(1) All right, title, and interest in 
property described in subsection (a) vests in the United States upon 
the commission of the act giving rise to forfeiture under this section.
    ``(2) Any such property that is subsequently transferred to a 
person other than the defendant may be the subject of a special verdict 
of forfeiture and thereafter shall be ordered forfeited to the United 
States unless the transferee establishes in a hearing pursuant to 
subsection (m) that he is a bona fide purchaser for value of such 
property who at the time of purchase was reasonably without cause to 
believe that the property was subject to forfeiture under this section.
    ``(c) Protective Orders.--(1) Upon application of the United 
States, the court may enter a restraining order or injunction, require 
the execution of a satisfactory performance bond, or take any other 
action to preserve the availability of property described in subsection 
(a) for forfeiture under this section--
            ``(A) upon the filing of an indictment or information 
        charging a violation of section 2422(b) or 2423 for which 
        criminal forfeiture may be ordered under this section and 
        alleging that the property with respect to which the order is 
        sought would, in the event of conviction, be subject to 
        forfeiture under this section; or
            ``(B) prior to the filing of such an indictment or 
        information, if, after notice to persons appearing to have an 
        interest in the property and opportunity for a hearing, the 
        court determines that--
                    ``(i) there is a substantial probability that--
                            ``(I) the United States will prevail on the 
                        issue of forfeiture; and
                            ``(II) failure to enter the order will 
                        result in the property being destroyed, removed 
                        from the jurisdiction of the court, or 
                        otherwise made unavailable for forfeiture; and
                    ``(ii) the need to preserve the availability of the 
                property through the entry of the requested order 
                outweighs the hardship on any party against whom the 
                order is to be entered.
    ``(2) An order entered pursuant to paragraph (1)(B) shall be 
effective for not more than 90 days unless extended by the court for 
good cause shown or unless an indictment or information described in 
paragraph (1)(A) has been filed.
    ``(3)(A) A restraining order under this subsection may be entered 
upon application of the United States without notice or opportunity for 
a hearing when an information or indictment has not yet been filed with 
respect to the property if the United States demonstrates that there is 
probable cause to believe that--
            ``(i) the property with respect to which the order is 
        sought would, in the event of conviction, be subject to 
        forfeiture under this section; and
            ``(ii) the provision of notice will jeopardize the 
        availability of the property for forfeiture.
    ``(B) A restraining order under this paragraph shall expire not 
more than 10 days after the date on which it is entered unless extended 
for good cause shown or unless the party against whom it is entered 
consents to an extension for a longer period. A hearing requested 
concerning an order entered under this paragraph shall be held at the 
earliest possible time and prior to the expiration of the order.
    ``(4) The court may receive and consider, at a hearing held 
pursuant to this subsection, evidence and information that would be 
inadmissible under the Federal Rules of Evidence.
    ``(d) Warrant of Seizure.--(1) The Government may request the 
issuance of a warrant authorizing the seizure of property subject to 
forfeiture under this section in the same manner as provided for a 
search warrant.
    ``(2) If the court determines that there is probable cause to 
believe that the property to be seized would, in the event of 
conviction, be subject to forfeiture and that an order under subsection 
(c) may not be sufficient to assure the availability of the property 
for forfeiture, the court shall issue a warrant authorizing the seizure 
of such property.
    ``(e) Order of Forfeiture.--The court shall order forfeiture of 
property referred to in subsection (a) if the trier of fact determines, 
beyond a reasonable doubt, that such property is subject to forfeiture.
    ``(f) Execution.--(1) Upon entry of an order of forfeiture under 
this section, the court shall authorize the Attorney General to seize 
all property ordered forfeited upon such terms and conditions as the 
court considers proper.
    ``(2) Following entry of an order declaring the property forfeited, 
the court may, upon application of the United States, enter such 
appropriate restraining orders or injunctions, require the execution of 
satisfactory performance bonds, appoint receivers, conservators, 
appraisers, accountants, or trustees, or take any other action to 
protect the interest of the United States in the property ordered 
forfeited.
    ``(3) Any income accruing to or derived from property ordered 
forfeited under this section may be used to offset ordinary and 
necessary expenses to the property which are required by law, or which 
are necessary to protect the interests of the United States or third 
parties.
    ``(g) Disposition of Property.--(1) Following the seizure of 
property ordered forfeited under this section, the Attorney General 
shall retain such property for official use or direct the disposition 
of such property described by sale or any other commercially feasible 
means, making due provision for the rights of any innocent persons. Any 
property right or interest not exercisable by, or transferable for 
value to, the United States shall expire and shall not revert to the 
defendant, nor shall the defendant or any person acting in concert with 
him or on his behalf be eligible to purchase forfeited property at any 
sale held by the United States.
    ``(2) Upon application of a person, other than the defendant or 
person acting in concert with him or on his behalf, the court may 
restrain or stay the sale or disposition of the property pending the 
conclusion of any appeal of the criminal case giving rise to the 
forfeiture if the applicant demonstrates that proceeding with the sale 
or disposition of the property will result in irreparable injury, harm, 
or loss to him.
    ``(h) Authority of Attorney General.--With respect to property 
ordered forfeited under this section, the Attorney General may--
            ``(1) grant petitions for mitigation or remission of 
        forfeiture, restore forfeited property to victims of a 
        violation of section 2422(b) or 2423, or take any other action 
        to protect the rights of innocent persons which is in the 
        interest of justice and which is not inconsistent with the 
        provisions of this section;
            ``(2) compromise claims arising under this section;
            ``(3) award compensation to persons providing information 
        resulting in a forfeiture under this section;
            ``(4) direct the disposition by the United States, under 
        section 616 of the Tariff Act of 1930, of all property ordered 
        forfeited under this section by public sale or any other 
        commercially feasible means, making due provision for the 
        rights of innocent persons; and
            ``(5) take appropriate measures necessary to safeguard and 
        maintain property ordered forfeited under this section pending 
        its disposition.
    ``(i) Applicability of Civil Forfeiture Provisions.--Except to the 
extent that they are inconsistent with the provisions of this section, 
the provisions of section 2426 shall apply to a criminal forfeiture 
under this section.
    ``(j) Bar on Intervention.--Except as provided in subsection (m), 
no party claiming an interest in property subject to forfeiture under 
this section may--
            ``(1) intervene in a trial or appeal of a criminal case 
        involving the forfeiture of such property under this section; 
        or
            ``(2) commence an action at law or equity against the 
        United States concerning the validity of his alleged interest 
        in the property subsequent to the filing of an indictment or 
        information alleging that the property is subject to forfeiture 
        under this section.
    ``(k) Jurisdiction To Enter Orders.--The district courts of the 
United States shall have jurisdiction to enter orders as provided in 
this section without regard to the location of any property which may 
be subject to forfeiture under this section or which has been ordered 
forfeited under this section.
    ``(l) Depositions.--In order to facilitate the identification and 
location of property declared forfeited and to facilitate the 
disposition of petitions for remission or mitigation of forfeiture, 
after the entry of an order declaring property forfeited to the United 
States, the court may, upon application of the United States, order 
that the testimony of any witness relating to the property forfeited be 
taken by deposition and that any designated book, paper, document, 
record, recording, or other material not privileged be produced at the 
same time and place, in the same manner as provided for the taking of 
depositions under rule 15 of the Federal Rules of Criminal Procedure.
    ``(m) Third Party Interests.--(1) Following the entry of an order 
of forfeiture under this section, the United States shall publish 
notice of the order and of its intent to dispose of the property in 
such manner as the Attorney General may direct. The Government may 
also, to the extent practicable, provide direct written notice to any 
person known to have alleged an interest in the property that is the 
subject of the order of forfeiture as a substitute for published notice 
as to those persons so notified.
    ``(2) Any person, other than the defendant, asserting a legal 
interest in property which has been ordered forfeited to the United 
States pursuant to this section may, within 30 days of the final 
publication of notice or his receipt of notice under paragraph (1), 
whichever is earlier, petition the court for a hearing to adjudicate 
the validity of his alleged interest in the property. The hearing shall 
be held before the court alone, without a jury.
    ``(3) The petition shall be signed by the petitioner under penalty 
of perjury and shall set forth the nature and extent of the 
petitioner's right, title, or interest in the property, the time and 
circumstances of the petitioner's acquisition of the right, title, or 
interest in the property, any additional facts supporting the 
petitioner's claim, and the relief sought.
    ``(4) The hearing on the petition shall, to the extent practicable 
and consistent with the interests of justice, be held within 30 days of 
the filing of the petition. The court may consolidate the hearing on 
the petition with a hearing on any other petition filed by a person 
other than the defendant under this subsection.
    ``(5) At the hearing, the petitioner may testify and present 
evidence and witnesses on his own behalf, and cross-examine witnesses 
who appear at the hearing. The United States may present evidence and 
witnesses in rebuttal and in defense of its claim to the property and 
cross-examine witnesses who appear at the hearing. In addition to 
testimony and evidence presented at the hearing, the court shall 
consider the relevant portions of the record of the criminal case which 
resulted in the order of forfeiture.
    ``(6) If, after the hearing, the court determines that the 
petitioner has established by a preponderance of the evidence that--
            ``(A) the petitioner has a legal right, title, or interest 
        in the property, and such right, title, or interest renders the 
        order of forfeiture invalid in whole or in part because the 
        right, title, or interest was vested in the petitioner rather 
        than the defendant or was superior to any right, title, or 
        interest of the defendant at the time of the commission of the 
        acts which gave rise to the forfeiture of the property under 
        this section; or
            ``(B) the petitioner is a bona fide purchaser for value of 
        the right, title, or interest in the property and was at the 
        time of purchase reasonably without cause to believe that the 
        property was subject to forfeiture under this section;
the court shall amend the order of forfeiture in accordance with its 
determination.
    ``(7) Following the court's disposition of all petitions filed 
under this subsection, or if no such petitions are filed following the 
expiration of the period provided in paragraph (2) for the filing of 
such petitions, the United States shall have clear title to property 
that is the subject of the order of forfeiture and may warrant good 
title to any subsequent purchaser or transferee.
    ``(n) Substitute Assets.--If any of the property described in 
subsection (a), as a result of any act or omission of the defendant--
            ``(1) cannot be located upon the exercise of due diligence;
            ``(2) has been transferred or sold to, or deposited with, a 
        third party;
            ``(3) has been placed beyond the jurisdiction of the court;
            ``(4) has been substantially diminished in value; or
            ``(5) has been commingled with other property which cannot 
        be divided without difficulty;
the court shall order the forfeiture of any other property of the 
defendant up to the value of any property described in paragraphs (1) 
through (5).
    ``(o) Construction.--This section shall be liberally construed to 
effectuate its remedial purposes.
``Sec. 2426. Civil forfeiture
    ``(a) Property Subject to Civil Forfeiture.--The following property 
shall be subject to forfeiture by the United States:
            ``(1) Any property, real or personal, used or intended to 
        be used to commit or to promote the commission of an offense 
        under section 2422(b) or 2423, except that no property shall be 
        forfeited under this paragraph, to the extent of the interest 
        of an owner, by reason of any act or omission established by 
        that owner to have been committed or omitted without the 
        knowledge or consent of that owner.
            ``(2) Any property, real or personal, constituting or 
        traceable to gross profits or other proceeds obtained from a 
        violation of section 2422(b) or 2423, except that no property 
        shall be forfeited under this paragraph, to the extent of the 
        interest of an owner, by reason of any act or omission 
        established by that owner to have been committed or omitted 
        without the knowledge or consent of that owner.
    ``(b) Seizure Pursuant to Supplemental Rules for Certain Admiralty 
and Maritime Claims.--Any property subject to forfeiture to the United 
States under this section may be seized by the Attorney General, the 
Secretary of the Treasury, or the United States Postal Service upon 
process issued pursuant to the Supplemental Rules for Certain Admiralty 
and Maritime Claims by any district court of the United States having 
jurisdiction over the property, except that seizure without such 
process may be made when the seizure is pursuant to a search under a 
search warrant or incident to an arrest. The Government may request the 
issuance of a warrant authorizing the seizure of property subject to 
forfeiture under this section in the same manner as provided for a 
search warrant under the Federal Rules of Criminal Procedure.
    ``(c) Custody of Federal Official.--Property taken or detained 
under this section shall not be repleviable, but shall be deemed to be 
in the custody of the Attorney General, Secretary of the Treasury, or 
the United States Postal Service subject only to the orders and decrees 
of the court or the official having jurisdiction thereof. Whenever 
property is seized under any of the provisions of this subchapter, the 
Attorney General, Secretary of the Treasury, or the United States 
Postal Service may--
            ``(1) place the property under seal;
            ``(2) remove the property to a place designated by the 
        official or agency; or
            ``(3) require that the General Services Administration take 
        custody of the property and remove it, if practicable, to an 
        appropriate location for disposition in accordance with law.
    ``(d) Other Laws and Proceedings Applicable.--All provisions of the 
customs laws relating to the seizure, summary and judicial forfeiture, 
and condemnation of property for violation of the customs laws, the 
disposition of such property or the proceeds from the sale thereof, the 
remission or mitigation of such forfeitures, and the compromise of 
claims, shall apply to seizures and forfeitures incurred, or alleged to 
have been incurred, under this section, insofar as applicable and not 
inconsistent with the provisions of this section, except that such 
duties as are imposed upon the customs officer or any other person with 
respect to the seizure and forfeiture of property under the customs 
laws shall be performed with respect to seizures and forfeitures of 
property under this section by such officers, agents, or other persons 
as may be authorized or designated for that purpose by the Attorney 
General, the Secretary of the Treasury, or the Postal Service, except 
to the extent that such duties arise from seizures and forfeitures 
affected by any customs officer.
    ``(e) Disposition of Forfeited Property.--(1) Whenever property is 
forfeited under this section the Attorney General may--
            ``(A) retain the property for official use or transfer the 
        custody or ownership of any forfeited property to a Federal, 
        State, or local agency under section 616 of the Tariff Act of 
        1930;
            ``(B) sell, by public sale or any other commercially 
        feasible means, any forfeited property which is not required to 
        be destroyed by law and which is not harmful to the public; or
            ``(C) require that the General Services Administration take 
        custody of the property and dispose of it in accordance with 
        law.
    ``(2)(A) The Attorney General, Secretary of the Treasury, or the 
United States Postal Service shall ensure the equitable transfer 
pursuant to paragraph (1)(A) of any forfeited property to the 
appropriate State or local law enforcement agency so as to reflect 
generally the contribution of any such agency participating directly in 
any of the acts which led to the seizure or forfeiture of such 
property. A decision by an official or agency pursuant to paragraph 
(1)(A) shall not be subject to judicial review.
    ``(B) With respect to a forfeiture conducted by the Attorney 
General, the Attorney General shall forward to the Treasurer of the 
United States for deposit in accordance with section 524(c) of title 28 
the proceeds from any sale under paragraph (1)(B) and any moneys 
forfeited under this section.
    ``(C) With respect to a forfeiture conducted by the Postal Service, 
the proceeds from any sale under paragraph (1)(B) and any moneys 
forfeited under this section shall be deposited in the Postal Service 
Fund as required by section 2003(b)(7) of title 39.
    ``(f) Title to Property.--All right, title, and interest in 
property described in subsection (a) shall vest in the United States 
upon commission of the act giving rise to forfeiture under this 
section.
    ``(g) Stay of Proceedings.--The filing of an indictment or 
information alleging a violation of section 2422(b) or 2423 which is 
also related to a civil forfeiture proceeding under this section shall, 
upon motion of the United States and for good cause shown, stay the 
civil forfeiture proceeding.
    ``(h) Venue.--In addition to the venue provided for in section 1395 
of title 28 or any other provision of law, in the case of property of a 
defendant charged with a violation that is the basis for forfeiture of 
the property under this section, a proceeding for forfeiture under this 
section may be brought in the judicial district in which the defendant 
owning such property is found or in the judicial district in which the 
criminal prosecution is brought.''.
                    (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:

``2425. Criminal forfeiture.
``2426. Civil forfeiture.''.
    (b) Release and Detention for Coercion and Enticement and 
Transportation of Minors for Sexual Purposes.--Section 3156(a)(4)(C) of 
such title is amended by striking ``chapter 109A or chapter 110'' and 
inserting ``chapter 109A or 110 or section 2422(b) or 2423''.
                                 <all>