[Congressional Record Volume 144, Number 86 (Friday, June 26, 1998)]
[Senate]
[Pages S7298-S7305]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN AUTHORIZATION ACT

  Mr. LOTT. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of calendar No. 383, S. 2073.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 2073) to authorize appropriations for the 
     National Center for Missing and Exploited Children.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on the Judiciary, with 
an amendment on page five, so as to make the bill read:

                                S. 2073

       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

[[Page S7299]]

     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.

  Mr. LOTT. This is to authorize appropriations for the National Center 
for Missing and Exploited Children.


                 Amendments Nos. 3047 and 3048, en bloc

  Mr. LOTT. There are two amendments at the desk; an amendment offered 
by Senators Hatch and Feingold and DeWine; and an amendment offered by 
Senators Leahy and Hatch. I ask unanimous consent that the amendments 
be considered, en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments are as follows:


                           AMENDMENT NO. 3047

(Purpose: To provide for sentencing enhancements and amendments to the 
 Federal Sentencing Guidelines for offenses relating to the abuse and 
                       exploitation of children)

       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.''.

       (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''.

[[Page S7300]]

       (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.
                                  ____



                           AMENDMENT NO. 3048

      (Purpose: To reauthorize the Runaway and Homeless Youth Act)

       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.''.

  Mr. HATCH. Mr. President, today I am proud to support passage of the 
National Center for Missing and Exploited Children Authorization Act of 
1998. This bill recognizes the outstanding record of achievements of 
this outstanding organization and will enable NCMEC to provide even 
greater protection of our Nation's children in the future. In addition, 
I am offering an amendment with the text of the Child Exploitation 
Sentencing Enhancements Act along with the sponsors of that 
legislation, S. 900, Senators Feingold and DeWine. Lastly, I urge the 
Senate to accept an amendment offered by Senator Leahy and myself to 
reauthorize the Runaway and Homeless Youth Act and for other purposes.
  The underlying bill, S. 2073, authorizes appropriations for the 
National Center for Missing and Exploited Children. As part of the 
Missing Children's Assistance Act, the Office of Juvenile Justice and 
Delinquency Prevention has selected and given grants to the Center for 
the last 14 years to operate a national resource center located in 
Arlington, Virginia and a national 24-hour toll-free telephone line. 
the Center provides invaluable assistance and training to law 
enforcement around the country in cases of missing and exploited 
children. the Center's record is quite impressive, and its efforts have 
led directly to a significant increase in the percentage of missing 
children who are recovered safely.
  In fiscal year 1998, the Center received an earmark of $6.9 million 
in the Departments of Commerce, Justice, and State Appropriations 
conference report. In addition, the Center's Jimmy Ryce Training Center 
received 1.185M in this report.
  This legislation directs OJJDP to make a grant to the Center and 
authorizes appropriations up to $10 million in fiscal years 1999 
through 2003. The authorization would, of course, be subject to 
appropriations. This bill thus continues and formalizes NCMEC's long 
partnership with the Justice Department and OJJDP.
  NCMEC's exemplary record of performance and success, as demonstrated 
by the fact that NCMEC's recovery rate has climbed from 62%to 91%, 
justifies action by Congress to formally recognize it as the nation's 
official missing and exploited children's center, and to authorize a 
line-item appropriation. This bill will enable the Center to focus 
completely on its missions, without expending the annual effort to 
obtain authority and grants from OJJDP. It also will allow the Center 
to expand its longer term arrangements with domestic and foreign law 
enforcement entities. By providing an authorization, the bill also will 
allow for better congressional oversight of the Center.
  The record of the Center, described briefly below, demonstrates the 
appropriateness of this authorization.
  For fourteen years the Center has served as the national resource 
center and clearinghouse mandated by the Missing Children's Assistance 
Act. The Center has worked in partnership with the Department of 
Justice, the Federal

[[Page S7301]]

Bureau of Investigation, the Department of Treasury, the State 
Department, and many other federal and state agencies in the effort to 
find missing children and prevent child victimization.
  The trust the federal government has placed in NCMEC, a private, non-
profit corporation, is evidenced by its unique access to the FBI's 
National Crime Information Center, and the National Law Enforcement 
Telecommunications system (NLETS).
  NCMEC has utilized the latest in technology, such as operating the 
National Child Pornography Tipline, establishing its new Internet 
website, www.missingkids.com, which is linked with hundreds of other 
websites to provide real-time images of breaking cases of missing 
children, and, beginning this year, establishing a new CyberTipline on 
child exploitation.
  NCMEC has established a national and increasingly worldwide network 
linking NCMEC online with each of the missing children clearinghouses 
operated by the 50 states, the District of Columbia and Puerto Rico. In 
addition, NCMEC works constantly with international law enforcement 
authorities such as Scotland Yard in the United Kingdom, the Royal 
Canadian Mounted Police, INTERPOL headquarters in Lyon, France, and 
others. This network enables NCMEC to transmit images and information 
regarding missing children to law enforcement across America and around 
the world instantly. NCMEC also serves as the U.S. State Department's 
representative at child abduction cases under the Hague Convention.
  The record of NCMEC is demonstrated by the 1,203,974 calls received 
at its 24-hour toll-free hotline, 1(800)THE LOST, the 146,284 law 
enforcement, criminal/juvenile justice, and healthcare professionals 
trained, the 15,491,344 free publications distributed, and, most 
importantly, by its work on 59,481 cases of missing children, which has 
resulted in the recovery of 40,180 children. Each of these figures 
represents the activity of NCMEC through this spring.
  NCMEC is a shining example of the type of public-private partnership 
the Congress should encourage and recognize. I urge my colleagues to 
support this legislation, which would help improve the performance of 
the National Center for Missing and Exploited Children and thus the 
safety of our Nation's children.
  In addition, I offer an amendment to S. 2073, along with Senators 
Feingold and DeWine, which contains the text of S. 900, the Child 
Exploitation Sentencing Enhancement Act. It is of the utmost importance 
that our children be protected from predatory pedophiles who roam the 
streets and the Internet looking for innocent children to victimize. 
These offenders need to be sent a message that the punishment for their 
actions will be serve and predictable.
  Unfortunately, the anonymity provided by a computer linked to the 
Internet is being used by pedophiles more each day to lure children 
into harmful, dangerous and potentially deadly situations. Often, the 
perpetrator will entice the child by convincing the child that he also 
is a child, thus easing the child's fears and inhibitions. The Hatch-
Feingold-Dewine amendment calls for the Sentencing Commission to 
enhance the sentencing guidelines for punishment of individuals who 
have used a computer to lure a child into sexual abuse or exploitation, 
or who has misrepresented himself for those purposes.
  In addition to increasing the maximum penalties for first time 
offenders found guilty of transporting or enticing others for illegal 
sexual purposes or for traveling for illegal sexual purposes, the 
amendment also ensures that the penalties for repeat offenders are 
tougher, as they should be. Those convicted for transporting or luring 
minors for illegal sexual purposes, of for traveling across state lines 
to abuse a minor, will face up to twice the maximum jail sentence if 
they have previously been convicted of a similar crime. Those who are 
convicted of crossing state lines to sexually abuse minors or who do so 
on federal property, having previously been convicted of a similar 
crime, will also see their potential prison sentences doubled.
  Finally, the amendment will authorize funds to ensure that child 
victims and witnesses to crimes involving sexual abuse and exploitation 
will have the services of professional, experienced guardians appointed 
to assist them in legal proceedings where necessary and appropriate. It 
is important that those who have been traumatized by sexual abuse not 
be victimized by the criminal justice system a second time.
  I urge my colleagues to join me in supporting this important 
amendment.
  Lastly, I have joined with Senator Leahy in offering an amendment to 
reauthorize the Runaway and Homeless Youth Act. According to the 
National Network for Youth, this Act provides ``critical assistance to 
youth in high-risk situations all over the country.'' The three 
programs, discussed in more detail below, benefit those children truly 
in need and at high risk of becoming addicted to drugs or involved in 
criminal behavior. For these reasons, I supported including this 
reauthorization as section 306 of S. 10, the Violent and Repeat 
Offender Act.
  The cornerstone of the Runaway and Homeless Youth Act is the Basic 
Center Program which provides grants for temporary shelter and 
counseling for children under age 18. My home state of Utah received 
over $378,000 in grants in FY 1998 under this program, and I have 
received requests from Utah organizations such as the Baker Youth 
Service Home to reauthorize this important program.
  Community-based organizations also may request grants under the two 
related programs, the Transitional Living and the Sexual Abuse 
Prevention/Street Outreach programs. The Transitional Living grants 
provide longer term housing to homeless teens aged 16 to 21, and aim to 
move these teens to self-sufficiency and to avoid long-term dependency 
on public assistance. The Sexual Abuse Prevention/Street Outreach 
Program targets homeless teens potentially involved in high risk 
behaviors.
  In addition, the amendment reauthorizes the Runaway and homeless 
Youth Act Rural Demonstration Projects which provide assistance to 
rural juvenile populations, such as in my state of Utah. Finally, the 
amendment makes several technical corrections to fix prior drafting 
errors in the Runaway and Homeless Youth Act.
  The combination of this bill and the amendments will strengthen our 
commitment to our youth, and I urge adoption of the amendments and the 
bill as amended.
  Mr. FEINGOLD. Mr. President, I am pleased that the distinguished 
Chairman of the Judiciary Committee has agreed to cosponsor my Child 
Exploitation Sentencing Enhancement Amendment and add it to the 
authorization bill for the National Center for Missing and Exploited 
Children (NCMEC).
  As we all know, miraculous advances in computer technology have 
opened new worlds to citizens all across this country. It's an exciting 
future. But it is also a future filled with risk for vulnerable 
children because some in our country have chosen to exploit the new 
technologies to commit crimes. According to the NCMEC, criminals are 
increasingly using computer telecommunications technology as a means to 
assist in the sexual victimization of young children and teenagers.
  To combat this growing problem of the use of computers and the 
Internet to sexually exploit and abuse children, I introduced the Child 
Exploitation Sentencing Enhancement Act of 1997 last June. The 
amendment adopted by the Senate today incorporates that bill--S. 900--
which was also co-sponsored by my friend from Ohio, Senator DeWine.
  Mr. President, the same marvelous advances in computer and 
telecommunications technology that allow our children to reach out to 
new sources of knowledge and cultural experiences are also leaving them 
unwittingly vulnerable to exploitation and harm by pedophiles and other 
sexual predators in ways never before possible. Advances in technology 
should not be the shield from behind which pedophiles and sexual 
molesters target and prey upon our children. When new technologies are 
used to further the criminal sexual exploitation and abuse of children, 
it is essential, that this conduct be punished severely.
  This amendment directs the U.S. Sentencing Commission to increase 
criminal penalties for people who use a

[[Page S7302]]

computer to entice children into illicit sexual conduct. The amendment 
also directs that sentences be increased for those criminals who seek 
out children on the Internet and misrepresent their true identity in a 
knowing effort to gain the trust of the child they intend to victimize 
sexually.
  The provisions in this amendment are directed squarely at those 
molesters and sexual predators who go on-line and use computer chat 
rooms to target young victims. One distinct advantage of the Internet 
for criminals is that they are able to reach a much wider audience of 
potential victims than they would if they had to be physically present 
at a schoolyard or playground. Another advantage for cyber-criminals is 
that they have near fool-proof anonymity while they cruise the Internet 
looking for victims. In some cases, victims are enticed or lured to 
meet with the sexual molester. The opportunites for the criminal to 
misrepresent his true identity and thus gain the confidence of the 
victim is a significant aspect of these crimes. Director Freeh noted 
this problem last year in testimony before an appropriations 
subcommittee. He said:

       Pedophiles often seek out young children by either 
     participating in or monitoring activities in chat rooms that 
     are provided by commercial on-line services for teenagers and 
     preteens to converse with each other. These chat rooms also 
     provide pedophiles an anonymous means of establishing 
     relationships with children. Using a chat room, a child can 
     converse for hours with unknown individuals, often without 
     the knowledge or approval of their parents. There is no easy 
     way for the child to know if the person he or she is talking 
     with is, in fact, another 14-year-old, or is a 40-year-old 
     sexual predator masquerading as a peer.

  Director Freeh's testimony also noted that sexual criminals also 
target young victims by posing as children looking for pen pals or by 
posting notices on computer bulletin boards in order to facilitate and 
develop relationships which can in turn provide a victim for the 
predator's illegal sexual activity.
  One chilling example of this problem comes from my own state of 
Wisconsin.
  In June 1997, a federal grand jury indicted a Jacksonville, Florida 
man for child enticement and for traveling in interstate commerce to 
commit a sex act with a fifteen-year-old girl. The defendant first 
contacted the girl via the Internet and over time began sending her 
increasingly sexually explicit messages. The defendant offered to pay 
for the girl to visit him in Florida. The entire time, the defendant 
told the young girl that he was 21 years old when, in fact, he was 39.
  As the sexually explicit messages escalated and it became apparent 
that the girl would not be able to go to Florida, the man ultimately 
traveled to Sturgeon Bay, Wisconsin to meet her.
  Believing she was going to meet a 21-year-old, the girl took a friend 
and waited for the defendant at a restaurant. Upon being confronted by 
the man--who was clearly not who he said he was--the young girl fled 
into a restroom while the defendant stood outside and demanded that she 
come out.
  Later that day, based upon information provided by the girl, the man 
was arrested by Sturgeon Bay police at a local motel at which he had 
registered under an assumed name.
  This is a chilling example of how criminals can use the Internet to 
facilitate crimes against children. Thankfully, this incident did not 
end in the sexual abuse of a fifteen-year-old. But it is frightening to 
consider what might have happened if the defendant had been able to 
lure her to the unfamiliar area of Jacksonville, Florida.
  This is not an isolated incident; there have been other similar 
instances in Wisconsin and across the nation. And many have not ended 
as happily as this one did.
  In addition to increasing sentences for criminal activity involving 
this type of conduct, my amendment expands the ``pattern of activity'' 
sentencing enhancement to a wider range of sexual abuse and 
exploitation crimes. Those criminals who have shown an ongoing pattern 
of sexually exploiting minors will be held accountable for their 
conduct through longer prison sentences. These longer sentences 
incapacitate the criminal for a longer period of time, reducing the 
potential that they will be set free to victimize again. This 
sentencing enhancement will now be applicable in cases of sexual abuse, 
sexual exploitation, and the coercion and enticement of minors for an 
illegal sexual activity.
  In addition, the amendment targets repeat offenders by increasing 
penalties for repeat offenses and by increasing maximum penalties 
available under the Federal criminal code. And finally, the amendment 
authorizes funding to be used to appoint guardians ad litem for 
children who are the victims of, or witnesses to, crimes involving 
abuse or exploitation.
  Mr. President, our children are our most precious resource. I am the 
father of teenage children. Like any parent, I worry about the health 
and safety of my children. I encourage my children to utilize the 
Internet and to gain the benefits of these amazing new technologies--
technologies which simply did not exist just a few years ago, not to 
mention when I was growing up. During my tenure in this body, I have 
been a strong believer in the potential of the Internet and sincerely 
hope that as we move toward the next century that potential will be 
realized to the benefit of all our citizens.
  But I am also mindful of the dangers that arise when criminals 
exploit a new technology to further their illicit criminal activity. 
This amendment speaks directly to the small percentage of individuals 
who intentionally misuse the Internet to prey sexually upon children. 
The adoption of this amendment will send a message that the we will not 
tolerate the sexual exploitation of our young people on the information 
superhighway. Pedophiles and sexual predators are not welcome on that 
road.
  Mr. President, there are many different views on the best approach to 
the potential dangers of the Internet. We have disagreements in this 
body, as we do in the country, about the best way to protect children 
from sexually explicit images on the Internet. But I think we all can 
agree that when the Internet is used to facilitate criminal abuse of 
chilren, punishment should be swift and severe.
  I yield the floor.
  Mr. LEAHY. Mr. President, I am pleased that Senator Hatch has now 
decided to join with me in including on this measure an amendment that 
will reauthorize the Runaway and Homeless Youth Act for five years. 
This amendment complements Senator Hatch's bill to authorize the 
National Center for Missing and Exploited Children, S.2073, because it 
provides additional assistance to some of the most vulnerable children 
in our country--children and teenagers who have run away or become 
homeless.
  In 1996, I introduced legislation with Senator Simon similar to this 
amendment. Unfortunately, that bill was never passed by the Judiciary 
Committee and so the Runaway and Homeless Youth Act has not been 
authorized for over two years. I think it is time for the Senate to 
remedy this situation and that is why I proposed this amendment to 
Senator Hatch's bill. I had also hoped to reauthorize the Incentive 
Grants for Local Delinquency Prevention Programs, commonly known as the 
Title V program, as well as two anti-drug abuse programs for runaway 
and homeless youth and gang-affiliated teenagers. But, due to 
objections from the Republican side of the aisle, I have not been able 
to include reauthorization for those worthwhile programs in this 
amendment. That is unfortunate. As a former prosecuter I know these 
programs could cut drug abuse.
  Reauthorizing the Runaway and Homeless Youth Act for five more years 
is the first step in assuring local community programs that they will 
have the additional resources they need to assist the growing number of 
homeless and runaway youth in the U.S. This program distributes funding 
to local community programs which are on the front lines assisting the 
approximately 1.3 million children and youth each year who are homeless 
or have left their families for a variety of reasons. This is the sort 
of program that studies have found to be an effective and efficient use 
of limited federal dollars.
  The Runaway and Homeless Youth Act programs assist some of our 
nation's neediest children--those who lack a roof over their heads. 
Many of the beneficiaries of these programs have either fled or been 
kicked out of

[[Page S7303]]

their family homes due to serious family conflicts or other problems. 
These programs assist children facing a variety of circumstances and 
provide funding for shelters and crisis intervention services, 
transitional living arrangements and outreach to teens who are living 
on the streets.
  The Basic Center grants for housing and crisis services for runaway 
and homeless children are awarded to each State, based on juvenile 
population, with a minimum grant of $100,000 currently awarded to 
smaller States, such as Vermont. Effective community-based programs 
around the country can also apply directly for the funds made available 
for the Transitional Living Program and the Sexual Abuse Prevention/
Street Outreach grants. The Transitional Living Program grants are used 
to provide longer term housing to homeless teens age 16 to 21, and to 
help these teenagers become more self-sufficient. The Sexual Abuse 
Prevention/Street Outreach Program also targets teens who have engaged 
in or are at risk of engaging in high risk behaviors while living on 
the street.
  Vermont's Coalition for Runaway and Homeless Youth and the Spectrum 
Youth and Family Services in Burlington, Vermont, have developed very 
comprehensive and effective programs to assist both teens who are 
learning to be self-sufficient and those who are struggling to survive 
on the streets. As such, Vermont programs have been successful in 
applying for these two specialized programs and have been on the 
forefront of developing and improving the services available to runaway 
and homeless youth.
  This amendment, which reauthorizes all three Runaway and Homeless 
Youth Act programs, is intended to recognize the important work of 
these programs in Vermont, as well as the many, many others across the 
U.S. that are working effectively with runaway and homeless youth and 
their families.
  Our amendment also reauthorizes the Runaway and Homeless Youth Act 
Rural Demonstration Projects for an additional five years. This program 
provides extra assistance to States with rural juvenile populations. 
Programs serving runaway and homeless youth have found that those in 
rural areas are particularly difficult to reach and serve effectively. 
Runaway and homeless youth programs in rural areas, such as those in 
Utah and Vermont, need additional assistance and have special needs.
  For those who do not think rural areas have significant numbers of 
runaway youth, I note that in fiscal year 1997, the Vermont Coalition 
for Runaway and Homeless Youth served 987 young people in its programs 
in 10 counties. Spectrum Youth and Family Services served an additional 
259 at its center and over 2,000 through its street outreach services 
and drop-in center in Burlington. These numbers have been increasing 
rapidly over the past few years with a 154 percent increase in the 
number of youth served by the Vermont Coalition between 1992 and 1997. 
An area of special concern is the increasing number of young people who 
are being ``pushed'' out of their homes--those numbers increased 263 
percent between 1993 and 1997 in Vermont. This is in addition to the 
hundreds of children each year who find themselves homeless or who have 
run away from home.
  The Runaway and Homeless Youth Act does more than shelter these 
children in need. As the National Network for Youth stressed in their 
letter in support of my amendment, the Act's programs ``provide 
critical assistance to youth in high-risk situations all over the 
country.'' This Act also ensures that these children and their families 
have access to important services, such as individual, family or group 
counseling, alcohol and drug counseling and a myriad of other resources 
to help these young people and their families get back on track.
  As a result of this multi-pronged approach to helping runaway and 
homeless youth, the Vermont Coalition for Runaway and Homeless Youth 
was able to establish 85 percent of the youth served in 1997 in a 
``positive living situation'' by the end of the year. Of these 800 
young people, 54 percent returned home and another 17 percent went to 
live with a relative or friend.
  The Vermont Coalition should be applauded for these fine results and 
I believe the best way to do that is to reauthorize the Runaway and 
Homeless Act for five more years, so programs like these in Vermont 
have some greater financial security in the future.
  Mr. BIDEN. Mr. President, I rise to support passage of S.2073, 
legislation to authorize specific funding for the National Center for 
Missing and Exploited Children. I am pleased to join Senator Hatch and 
others in sponsoring this legislation.
  I would also note that this legislation makes the same important 
change in law that I originally proposed as an amendment during the 
Judiciary Committee's mark-up of S. 10, legislation concerning juvenile 
justice issues. My amendment was accepted by Chairman Hatch and agreed 
to by all members of the Committee.
  So, I am particularly happy that the full Senate is today passing 
this legislation in another form.
  It is my hope that the House will also act to pass this bill.
  Mr. LOTT. Mr. President, I ask unanimous consent that the amendments 
be agreed to, en bloc, the committee amendment be agreed to, the bill, 
as amended, be considered read a third time and passed, the motion to 
reconsider be laid upon the table, and that any statements relating to 
the bill appear at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments (Nos. 3047 and 3048) were agreed to, en bloc.
  The committee amendment was agreed to.
  The bill (S. 2073), as amended, was considered read the third time 
and passed.

                                S. 2073

       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

[[Page S7304]]

     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.--

[[Page S7305]]

       (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.''.

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