[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.''.
____________________