[Congressional Record Volume 144, Number 86 (Friday, June 26, 1998)]
[Senate]
[Pages S7287-S7288]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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  NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN AUTHORIZATION ACT

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                 HATCH (AND OTHERS) AMENDMENT NO. 3047

  Mr. LOTT (for Mr. Hatch for himself, Mr. Feingold, and Mr. DeWine) 
proposed an amendment to the bill (S. 2073) to authorize appropriations 
for the National Center for Missing and Exploited Children; as follows:

       On page 8, below line 24, add the following:

     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.''.


[[Page S7288]]


       (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.
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                  LEAHY (AND HATCH) AMENDMENT NO. 3048

  Mr. LOTT (for Mr. Leahy for himself and Mr. Hatch) proposed an 
amendment to the bill, S. 2073, supra; as follows:

       At the end of the bill, add the following:

     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.''.

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