[Congressional Record Volume 144, Number 125 (Friday, September 18, 1998)]
[Senate]
[Pages S10611-S10616]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 S. 2491--THE PROTECTION OF CHILDREN FROM SEXUAL PREDATORS ACT OF 1998

  S. 2491, introduced by Mr. Hatch, for himself, Mr. Leahy, and Mr. 
DeWine on September 17, is as follows:

                                S. 2491

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Protection 
     of Children From Sexual Predators Act of 1998''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

             TITLE I--PROTECTION OF CHILDREN FROM PREDATORS

Sec. 101. Use of interstate facilities to transmit identifying 
              information about a minor for criminal sexual purposes.
Sec. 102. Coercion and enticement.
Sec. 103. Increased penalties for transportation of minors or assumed 
              minors for illegal sexual activity and related crimes.
Sec. 104. Repeat offenders in transportation offense.
Sec. 105. Inclusion of offenses relating to child pornography in 
              definition of sexual activity for which any person can be 
              charged with a criminal offense.
Sec. 106. Transportation generally.

        TITLE II--PROTECTION OF CHILDREN FROM CHILD PORNOGRAPHY

Sec. 201. Additional jurisdictional base for prosecution of production 
              of child pornography.
Sec. 202. Increased penalties for child pornography offenses.

                   TITLE III--SEXUAL ABUSE PREVENTION

Sec. 301. Elimination of redundancy and ambiguities.
Sec. 302. Increased penalties for abusive sexual contact.
Sec. 303. Repeat offenders in sexual abuse cases.

    TITLE IV--PROHIBITION ON TRANSFER OF OBSCENE MATERIAL TO MINORS

Sec. 401. Transfer of obscene material to minors.

  TITLE V--INCREASED PENALTIES FOR OFFENSES AGAINST CHILDREN AND FOR 
                            REPEAT OFFENDERS

Sec. 501. Death or life in prison for certain offenses whose victims 
              are children.
Sec. 502. Sentencing enhancement for chapter 117 offenses.
Sec. 503. Increased penalties for use of a computer in the sexual abuse 
              or exploitation of a child.
Sec. 504. Increased penalties for knowing misrepresentation in the 
              sexual abuse or exploitation of a child.
Sec. 505. Increased penalties for pattern of activity of sexual 
              exploitation of children.
Sec. 506. Clarification of definition of distribution of pornography.
Sec. 507. Directive to the United States Sentencing Commission.

       TITLE VI--CRIMINAL, PROCEDURAL, AND ADMINISTRATIVE REFORMS

Sec. 601. Pretrial detention of sexual predators.
Sec. 602. Criminal forfeiture for offenses against minors.
Sec. 603. Civil forfeiture for offenses against minors.
Sec. 604. Reporting of child pornography by electronic communication 
              service providers.
Sec. 605. Civil remedy for personal injuries resulting from certain sex 
              crimes against children.
Sec. 606. Administrative subpoenas.
Sec. 607. Grants to States to offset costs associated with sexually 
              violent offender registration requirements.

            TITLE VII--MURDER AND KIDNAPPING INVESTIGATIONS

Sec. 701. Authority to investigate serial killings.
Sec. 702. Kidnapping.
Sec. 703. Morgan P. Hardiman Child Abduction and Serial Murder 
              Investigative Resources Center.

     TITLE VIII--RESTRICTED ACCESS TO INTERACTIVE COMPUTER SERVICES

Sec. 801. Prisoner access.
Sec. 802. Recommended prohibition.
Sec. 803. Survey.

                           TITLE IX--STUDIES

Sec. 901. Study on limiting the availability of pornography on the 
              Internet.
Sec. 902. Study of hotlines.
             TITLE I--PROTECTION OF CHILDREN FROM PREDATORS

     SEC. 101. USE OF INTERSTATE FACILITIES TO TRANSMIT 
                   IDENTIFYING INFORMATION ABOUT A MINOR FOR 
                   CRIMINAL SEXUAL PURPOSES.

       (a) In General.--Chapter 117 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2425. Use of interstate facilities to transmit 
       information about a minor

       ``Whoever, using the mail or any facility or means of 
     interstate or foreign commerce, or within the special 
     maritime and territorial jurisdiction of the United States, 
     knowingly initiates the transmission of the name, address, 
     telephone number, social security number, or electronic mail 
     address of another individual, knowing that such other 
     individual has not attained the age of 16 years, with the 
     intent to entice, encourage, offer, or solicit any person to 
     engage in any sexual activity for which any person can be 
     charged with a criminal offense, or attempts to do so, shall 
     be fined under this title, imprisoned not more than 5 years, 
     or both.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 117 of title 18, United States Code, is amended by 
     adding at the end the following:

``2425. Use of interstate facilities to transmit information about a 
              minor.''.

     SEC. 102. COERCION AND ENTICEMENT.

       Section 2422 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) by inserting ``or attempts to do so,'' before ``shall 
     be fined''; and
       (B) by striking ``five'' and inserting ``10''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Whoever, using the mail or any facility or means of 
     interstate or foreign commerce, or within the special 
     maritime and territorial jurisdiction of the United States 
     knowingly persuades, induces, entices, or coerces any 
     individual who has not attained the age of 18 years, to 
     engage in prostitution or any sexual activity for which any 
     person can be charged with a criminal offense, or attempts to 
     do so, shall be fined under this title, imprisoned not more 
     than 15 years, or both.''.

     SEC. 103. INCREASED PENALTIES FOR TRANSPORTATION OF MINORS OR 
                   ASSUMED MINORS FOR ILLEGAL SEXUAL ACTIVITY AND 
                   RELATED CRIMES.

       Section 2423 of title 18, United States Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Transportation With Intent To Engage in Criminal 
     Sexual Activity.--A person who knowingly transports an 
     individual who has not attained the age of 18 years in 
     interstate or foreign commerce, or in any territory or 
     possession of the United States, with intent that the 
     individual engage in prostitution, or in any sexual activity 
     for which any person can be charged with a criminal offense, 
     or attempts to do so, shall be fined under this title, 
     imprisoned not more than 15 years, or both.''; and
       (2) in subsection (b), by striking ``10 years'' and 
     inserting ``15 years''.

[[Page S10612]]

     SEC. 104. REPEAT OFFENDERS IN TRANSPORTATION OFFENSE.

       (a) In General.--Chapter 117 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2426. Repeat offenders

       ``(a) Maximum Term of Imprisonment.--The maximum term of 
     imprisonment for a violation of this chapter after a prior 
     sex offense conviction shall be twice the term of 
     imprisonment otherwise provided by this chapter.
       ``(b) Definitions.--In this section--
       ``(1) the term `prior sex offense conviction' means a 
     conviction for an offense--
       ``(A) under this chapter, chapter 109A, or chapter 110; or
       ``(B) under State law for an offense consisting of conduct 
     that would have been an offense under a chapter referred to 
     in paragraph (1) if the conduct had occurred within the 
     special maritime and territorial jurisdiction of the United 
     States; and
       ``(2) State.--the term `State' means a State of the United 
     States, the District of Columbia, any commonwealth, 
     possession, or territory of the United States.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 117 of title 18, United States Code, is amended by 
     adding at the end the following:

``2426. Repeat offenders.''.

     SEC. 105. INCLUSION OF OFFENSES RELATING TO CHILD PORNOGRAPHY 
                   IN DEFINITION OF SEXUAL ACTIVITY FOR WHICH ANY 
                   PERSON CAN BE CHARGED WITH A CRIMINAL OFFENSE.

       (a) In General.--Chapter 117 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2427. Inclusion of offenses relating to child 
       pornography in definition of sexual activity for which any 
       person can be charged with a criminal offense

       ``In this chapter, the term `sexual activity for which any 
     person can be charged with a criminal offense' includes the 
     production of child pornography, as defined in section 
     2256(8).''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 117 of title 18, United States Code, is amended by 
     adding at the end the following:

``2427. Inclusion of offenses relating to child pornography in 
              definition of sexual activity for which any person can be 
              charged with a criminal offense.''.

     SEC. 106. TRANSPORTATION GENERALLY.

       Section 2421 of title 18, United States Code, is amended--
       (1) by inserting ``or attempts to do so,'' before ``shall 
     be fined''; and
       (2) by striking ``five years'' and inserting ``10 years''.
        TITLE II--PROTECTION OF CHILDREN FROM CHILD PORNOGRAPHY

     SEC. 201. ADDITIONAL JURISDICTIONAL BASE FOR PROSECUTION OF 
                   PRODUCTION OF CHILD PORNOGRAPHY.

       (a) Use of a Child.--Section 2251(a) of title 18, United 
     States Code, is amended by inserting ``if that visual 
     depiction was produced using materials that have been mailed, 
     shipped, or transported in interstate or foreign commerce by 
     any means, including by computer,'' before ``or if''.
       (b) Allowing Use of a Child.--Section 2251(b) of title 18, 
     United States Code, is amended by inserting ``, if that 
     visual depiction was produced using materials that have been 
     mailed, shipped, or transported in interstate or foreign 
     commerce by any means, including by computer,'' before ``or 
     if''.
       (c) Increased Penalties in Section 2251(d).--Section 
     2251(d) of title 18, United States Code, is amended by 
     striking ``or chapter 109A'' each place it appears and 
     inserting ``, chapter 109A, or chapter 117''.

     SEC. 202. INCREASED PENALTIES FOR CHILD PORNOGRAPHY OFFENSES.

       (a) Increased Penalties in Section 2252.--Section 2252(b) 
     of title 18, United States Code, is amended--
       (1) in each of paragraphs (1) and (2), by striking ``or 
     chapter 109A'' and inserting ``, chapter 109A, or chapter 
     117''; and
       (2) in paragraph (2), by striking ``the possession of child 
     pornography'' and inserting ``aggravated sexual abuse, sexual 
     abuse, or abusive sexual conduct involving a minor or ward, 
     or the production, possession, receipt, mailing, sale, 
     distribution, shipment, or transportation of child 
     pornography''.
       (b) Increased Penalties in Section 2252A.--Section 2252A(b) 
     of title 18, United States Code, is amended--
       (1) in each of paragraphs (1) and (2), by striking ``or 
     chapter 109A'' and inserting ``, chapter 109A, or chapter 
     117''; and
       (2) in paragraph (2), by striking ``the possession of child 
     pornography'' and inserting ``aggravated sexual abuse, sexual 
     abuse, or abusive sexual conduct involving a minor or ward, 
     or the production, possession, receipt, mailing, sale, 
     distribution, shipment, or transportation of child 
     pornography''.
                   TITLE III--SEXUAL ABUSE PREVENTION

     SEC. 301. ELIMINATION OF REDUNDANCY AND AMBIGUITIES.

       (a) Making Consistent Language on Age Differential.--
     Section 2241(c) of title 18, United States Code, is amended 
     by striking ``younger than that person'' and inserting 
     ``younger than the person so engaging''.
       (b) Redundancy.--Section 2243(a) of title 18, United States 
     Code, is amended by striking ``crosses a State line with 
     intent to engage in a sexual act with a person who has not 
     attained the age of 12 years, or''.
       (c) State Defined.--Section 2246 of title 18, United States 
     Code, is amended--
       (1) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (2) by adding at the end the following:
       ``(6) the term `State' means a State of the United States, 
     the District of Columbia, and any commonwealth, possession, 
     or territory of the United States.''.

     SEC. 302. INCREASED PENALTIES FOR ABUSIVE SEXUAL CONTACT.

       Section 2244 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(c) Offenses Involving Young Children.--If the sexual 
     contact that violates this section is with an individual who 
     has not attained the age of 12 years, the maximum term of 
     imprisonment that may be imposed for the offense shall be 
     twice that otherwise provided in this section.''.

     SEC. 303. REPEAT OFFENDERS IN SEXUAL ABUSE CASES.

       Section 2247 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 2247. Repeat offenders

       ``(a) Maximum Term of Imprisonment.--The maximum term of 
     imprisonment for a violation of this chapter after a prior 
     sex offense conviction shall be twice the term otherwise 
     provided by this chapter.
       ``(b) Prior Sex Offense Conviction Defined.--In this 
     section, the term `prior sex offense conviction' has the 
     meaning given that term in section 2426(b).''.
    TITLE IV--PROHIBITION ON TRANSFER OF OBSCENE MATERIAL TO MINORS

     SEC. 401. TRANSFER OF OBSCENE MATERIAL TO MINORS.

       (a) In General.--Chapter 71 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1470. Transfer of obscene material to minors

       ``Whoever, using the mail or any facility or means of 
     interstate or foreign commerce, knowingly transfers obscene 
     matter to another individual who has not attained the age of 
     16 years, knowing that such other individual has not attained 
     the age of 16 years, or attempts to do so, shall be fined 
     under this title, imprisoned not more than 10 years, or 
     both.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 71 of title 18, United States Code, is amended by 
     adding at the end the following:

``1470. Transfer of obscene material to minors.''.
  TITLE V--INCREASED PENALTIES FOR OFFENSES AGAINST CHILDREN AND FOR 
                            REPEAT OFFENDERS

     SEC. 501. DEATH OR LIFE IN PRISON FOR CERTAIN OFFENSES WHOSE 
                   VICTIMS ARE CHILDREN.

       Section 3559 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(d) Death or Imprisonment for Crimes Against Children.--
       ``(1) In general.--Subject to paragraph (2) and 
     notwithstanding any other provision of law, a person who is 
     convicted of a Federal offense that is a serious violent 
     felony (as defined in subsection (c)) or a violation of 
     section 2422, 2423, or 2251 shall, unless the sentence of 
     death is imposed, be sentenced to imprisonment for life, if--
       ``(A) the victim of the offense has not attained the age of 
     14 years;
       ``(B) the victim dies as a result of the offense; and
       ``(C) the defendant, in the course of the offense, engages 
     in conduct described in section 3591(a)(2).
       ``(2) Exception.--With respect to a person convicted of a 
     Federal offense described in paragraph (1), the court may 
     impose any lesser sentence that is authorized by law to take 
     into account any substantial assistance provided by the 
     defendant in the investigation or prosecution of another 
     person who has committed an offense, in accordance with the 
     Federal Sentencing Guidelines and the policy statements of 
     the Federal Sentencing Commission pursuant to section 994(p) 
     of title 28, or for other good cause.''.

     SEC. 502. SENTENCING ENHANCEMENT FOR CHAPTER 117 OFFENSES.

       (a) In General.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, the United States 
     Sentencing Commission shall review and amend the Federal 
     Sentencing Guidelines to provide a sentencing enhancement for 
     offenses under chapter 117 of title 18, United States Code.
       (b) Instruction to Commission.--In carrying out subsection 
     (a), the United States Sentencing Commission shall ensure 
     that the sentences, guidelines, and policy statements for 
     offenders convicted of offenses described in subsection (a) 
     are appropriately severe and reasonably consistent with other 
     relevant directives and with other Federal Sentencing 
     Guidelines.

     SEC. 503. INCREASED PENALTIES FOR USE OF A COMPUTER IN THE 
                   SEXUAL ABUSE OR EXPLOITATION OF A CHILD.

       Pursuant to its authority under section 994(p) of title 28, 
     United States Code, the United States Sentencing Commission 
     shall--
       (1) review the Federal Sentencing Guidelines for--
       (A) aggravated sexual abuse under section 2241 of title 18, 
     United States Code;
       (B) sexual abuse under section 2242 of title 18, United 
     States Code;

[[Page S10613]]

       (C) sexual abuse of a minor or ward under section 2243 of 
     title 18, United States Code; and
       (D) coercion and enticement of a minor under section 
     2422(b) of title 18, United States Code, contacting a minor 
     under section 2422(c) of title 18, United States Code, and 
     transportation of minors and travel 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 appropriate enhancement if the defendant used a 
     computer with the intent to persuade, induce, entice, coerce, 
     or facilitate the transport of a child of an age specified in 
     the applicable provision of law referred to in paragraph (1) 
     to engage in any prohibited sexual activity.

     SEC. 504. INCREASED PENALTIES FOR KNOWING MISREPRESENTATION 
                   IN THE SEXUAL ABUSE OR EXPLOITATION OF A CHILD.

       Pursuant to its authority 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 minor under section 2422(b) of title 18, United States 
     Code, contacting a minor under section 2422(c) of title 18, 
     United States Code, and transportation of minors and travel 
     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 appropriate enhancement if the defendant knowingly 
     misrepresented the actual identity of the defendant with the 
     intent to persuade, induce, entice, coerce, or facilitate the 
     transport of a child of an age specified in the applicable 
     provision of law referred to in paragraph (1) to engage in a 
     prohibited sexual activity.

     SEC. 505. INCREASED PENALTIES FOR PATTERN OF ACTIVITY OF 
                   SEXUAL EXPLOITATION OF CHILDREN.

       Pursuant to its authority 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 minor under section 2422(b) of title 18, United States 
     Code, contacting a minor under section 2422(c) of title 18, 
     United States Code, and transportation of minors and travel 
     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 
     increase penalties 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.

     SEC. 506. CLARIFICATION OF DEFINITION OF DISTRIBUTION OF 
                   PORNOGRAPHY.

       Pursuant to its authority 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.

     SEC. 507. DIRECTIVE TO THE UNITED STATES SENTENCING 
                   COMMISSION.

       In carrying out this title, the United States Sentencing 
     Commission shall--
       (1) with respect to any action relating to the Federal 
     Sentencing Guidelines subject to this title, 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 
     Federal Sentencing Guidelines for substantially the same 
     offense.
       TITLE VI--CRIMINAL, PROCEDURAL, AND ADMINISTRATIVE REFORMS

     SEC. 601. PRETRIAL DETENTION OF SEXUAL PREDATORS.

       Section 3156(a)(4) of title 18, United States Code, is 
     amended by striking subparagraph (C) and inserting the 
     following:
       ``(C) any felony under chapter 109A, 110, or 117; and''.

     SEC. 602. CRIMINAL FORFEITURE FOR OFFENSES AGAINST MINORS.

       Section 2253 of title 18, United States Code, is amended by 
     striking ``or 2252 of this chapter'' and inserting ``2252, 
     2252A, or 2260 of this chapter, or who is convicted of an 
     offense under section 2421, 2422, or 2423 of chapter 117,''.

     SEC. 603. CIVIL FORFEITURE FOR OFFENSES AGAINST MINORS.

       Section 2254(a) of title 18, United States Code, is 
     amended--
       (1) in paragraph (2), by striking ``or 2252 of this 
     chapter'' and inserting ``2252, 2252A, or 2260 of this 
     chapter, or used or intended to be used to commit or to 
     promote the commission of an offense under section 2421, 
     2422, or 2423 of chapter 117,''; and
       (2) in paragraph (3), by striking ``or 2252 of this 
     chapter'' and inserting ``2252, 2252A, or 2260 of this 
     chapter, or obtained from a violation of section 2421, 2422, 
     or 2423 of chapter 117,''.

     SEC. 604. REPORTING OF CHILD PORNOGRAPHY BY ELECTRONIC 
                   COMMUNICATION SERVICE PROVIDERS.

       (a) In General.--The Victims of Child Abuse Act of 1990 (42 
     U.S.C. 13001 et seq.) is amended by inserting after section 
     226 the following:

     ``SEC. 227. REPORTING OF CHILD PORNOGRAPHY BY ELECTRONIC 
                   COMMUNICATION SERVICE PROVIDERS.

       ``(a) Definitions.--In this section--
       ``(1) the term `electronic communication service' has the 
     meaning given the term in section 2510 of title 18, United 
     States Code; and
       ``(2) the term `remote computing service' has the meaning 
     given the term in section 2711 of title 18, United States 
     Code.
       ``(b) Requirements.--
       ``(1) Duty to report.--Whoever, while engaged in providing 
     an electronic communication service or a remote computing 
     service to the public, through a facility or means of 
     interstate or foreign commerce, obtains knowledge of facts or 
     circumstances that provide probable cause to believe that a 
     violation of section 2251, 2251A, 2252, 2252A, or 2260 of 
     title 18, United States Code, involving child pornography (as 
     defined in section 2256 of that title), has occurred shall, 
     as soon as reasonably possible, make a report of such facts 
     or circumstances to a law enforcement agency or agencies 
     designated by the Attorney General.
       ``(2) Designation of agencies.--Not later than 180 days 
     after the date of enactment of this section, the Attorney 
     General shall designate the law enforcement agency or 
     agencies to which a report shall be made under paragraph (1).
       ``(3) Failure to report.--A provider of electronic 
     communication services or remote computing services described 
     in paragraph (1) who knowingly and willfully fails to make a 
     report under that paragraph shall be fined--
       ``(A) in the case of an initial failure to make a report, 
     not more than $50,000; and
       ``(B) in the case of any second or subsequent failure to 
     make a report, not more than $100,000.
       ``(c) Civil Liability.--No provider or user of an 
     electronic communication service or a remote computing 
     service to the public shall be held liable on account of any 
     action taken in good faith to comply with this section.
       ``(d) Limitation of Information or Material Required in 
     Report.--A report under subsection (b)(1) may include 
     additional information or material developed by an electronic 
     communication service or remote computing service, except 
     that the Federal Government may not require the production of 
     such information or material in that report.
       ``(e) Monitoring Not Required.--Nothing in this section may 
     be construed to require a provider of electronic 
     communication services or remote computing services to engage 
     in the monitoring of any user, subscriber, or customer of 
     that provider, or the content of any communication of any 
     such person.
       ``(f) Conditions of Disclosure of Information Contained 
     Within Report.--
       ``(1) In general.--No law enforcement agency that receives 
     a report under subsection (b)(1) shall disclose any 
     information contained in that report, except that disclosure 
     of such information may be made--
       ``(A) to an attorney for the government for use in the 
     performance of the official duties of the attorney;
       ``(B) to such officers and employees of the law enforcement 
     agency, as may be necessary in the performance of their 
     investigative and recordkeeping functions;
       ``(C) to such other government personnel (including 
     personnel of a State or subdivision of a State) as are 
     determined to be necessary by an attorney for the government 
     to assist the attorney in the performance of the official 
     duties of the attorney in enforcing Federal criminal law; or
       ``(D) as permitted by a court at the request of an attorney 
     for the government, upon a showing that such information may 
     disclose a violation of State criminal law, to an appropriate 
     official of a State or subdivision of a State for the purpose 
     of enforcing such State law.
       ``(2) Definitions.--In this subsection, the terms `attorney 
     for the government' and `State' have the meanings given those 
     terms in Rule 54 of the Federal Rules of Criminal 
     Procedure.''.
       (b) Exception to Prohibition on Disclosure.--Section 
     2702(b)(6) of title 18, United States Code, is amended to 
     read as follows:
       ``(6) to a law enforcement agency--
       ``(A) if the contents--
       ``(i) were inadvertently obtained by the service provider; 
     and
       ``(ii) appear to pertain to the commission of a crime; or
       ``(B) if required by section 227 of the Crime Control Act 
     of 1990.''.

[[Page S10614]]

     SEC. 605. CIVIL REMEDY FOR PERSONAL INJURIES RESULTING FROM 
                   CERTAIN SEX CRIMES AGAINST CHILDREN.

       Section 2255(a) of title 18, United States Code, is amended 
     by striking ``2251 or 2252'' and inserting ``2241(c), 2242, 
     2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423''.

     SEC. 606. ADMINISTRATIVE SUBPOENAS.

       (a) In General.--Chapter 223 of title 18, United States 
     Code, is amended--
       (1) in section 3486, by striking the section designation 
     and heading and inserting the following:

     ``Sec. 3486. Administrative subpoenas in Federal health care 
       investigations''; and

       (2) by adding at the end the following:

     ``Sec. 3486A. Administrative subpoenas in cases involving 
       child abuse and child sexual exploitation

       ``(a) Authorization.--
       ``(1) In general.--In any investigation relating to any act 
     or activity involving a violation of section 1201, 2241(c), 
     2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 
     2423 of this title in which the victim is an individual who 
     has not attained the age of 18 years, the Attorney General, 
     or the designee of the Attorney General, may issue in writing 
     and cause to be served a subpoena--
       ``(A) requiring a provider of electronic communication 
     service or remote computing service to disclose the name, 
     address, local and long distance telephone toll billing 
     records, telephone number or other subscriber number or 
     identity, and length of service of a subscriber to or 
     customer of such service and the types of services the 
     subscriber or customer utilized, which may be relevant to an 
     authorized law enforcement inquiry; or
       ``(B) requiring a custodian of records to give testimony 
     concerning the production and authentication of such records 
     or information.
       ``(2) Attendance of witnesses.--Witnesses summoned under 
     this section shall be paid the same fees and mileage that are 
     paid witnesses in the courts of the United States.
       ``(b) Procedures Applicable.--The same procedures for 
     service and enforcement as are provided with respect to 
     investigative demands in section 3486 apply with respect to a 
     subpoena issued under this section.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 223 of title 18, United States Code, is amended by 
     striking the item relating to section 3486 and inserting the 
     following:

``3486. Administrative subpoenas in Federal health care investigations.
``3486A. Administrative subpoenas in cases involving child abuse and 
              child sexual exploitation.''.

     SEC. 607. GRANTS TO STATES TO OFFSET COSTS ASSOCIATED WITH 
                   SEXUALLY VIOLENT OFFENDER REGISTRATION 
                   REQUIREMENTS.

       (a) In General.--Section 170101 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) is 
     amended--
       (1) by redesignating the second subsection designated as 
     subsection (g) as subsection (h); and
       (2) by adding at the end the following:
       ``(i) Grants to States for Costs of Compliance.--
       ``(1) Program authorized.--
       ``(A) In general.--The Director of the Bureau of Justice 
     Assistance (in this subsection referred to as the `Director') 
     shall carry out a program, which shall be known as the `Sex 
     Offender Management Assistance Program' (in this subsection 
     referred to as the `SOMA program'), under which the Director 
     shall award a grant to each eligible State to offset costs 
     directly associated with complying with this section.
       ``(B) Uses of funds.--Each grant awarded under this 
     subsection shall be--
       ``(i) distributed directly to the State for distribution to 
     State and local entities; and
       ``(ii) used for training, salaries, equipment, materials, 
     and other costs directly associated with complying with this 
     section.
       ``(2) Eligibility.--
       ``(A) Application.--To be eligible to receive a grant under 
     this subsection, the chief executive of a State shall, on an 
     annual basis, submit to the Director an application (in such 
     form and containing such information as the Director may 
     reasonably require) assuring that--
       ``(i) the State complies with (or made a good faith effort 
     to comply with) this section; and
       ``(ii) where applicable, the State has penalties comparable 
     to or greater than Federal penalties for crimes listed in 
     this section, except that the Director may waive the 
     requirement of this clause if a State demonstrates an 
     overriding need for assistance under this subsection.
       ``(B) Regulations.--
       ``(i) In general.--Not later than 90 days after the date of 
     enactment of this subsection, the Director shall promulgate 
     regulations to implement this subsection (including the 
     information that must be included and the requirements that 
     the States must meet) in submitting the applications required 
     under this subsection. In allocating funds under this 
     subsection, the Director may consider the annual number of 
     sex offenders registered in each eligible State's monitoring 
     and notification programs.
       ``(ii) Certain training programs.--Prior to implementing 
     this subsection, the Director shall study the feasibility of 
     incorporating into the SOMA program the activities of any 
     technical assistance or training program established as a 
     result of section 40152 of this Act. In a case in which 
     incorporating such activities into the SOMA program will 
     eliminate duplication of efforts or administrative costs, the 
     Director shall take administrative actions, as allowable, and 
     make recommendations to Congress to incorporate such 
     activities into the SOMA program prior to implementing the 
     SOMA program.
       ``(3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection, $25,000,000 
     for each of fiscal years 1999 and 2000.''.
       (b) Study.--Not later than March 1, 2000, the Director 
     shall conduct a study to assess the efficacy of the Sex 
     Offender Management Assistance Program under section 
     170101(i) of the Violent Crime Control and Law Enforcement 
     Act of 1994 (42 U.S.C. 14071(i)), as added by this section, 
     and submit recommendations to Congress.
            TITLE VII--MURDER AND KIDNAPPING INVESTIGATIONS

     SEC. 701. AUTHORITY TO INVESTIGATE SERIAL KILLINGS.

       (a) In General.--Chapter 33 of title 28, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 540B. Investigation of serial killings

       ``(a) In General.--The Attorney General and the Director of 
     the Federal Bureau of Investigation may investigate serial 
     killings in violation of the laws of a State or political 
     subdivision, if such investigation is requested by the head 
     of a law enforcement agency with investigative or 
     prosecutorial jurisdiction over the offense.
       ``(b) Definitions.--In this section:
       ``(1) Killing.--The term `killing' means conduct that would 
     constitute an offense under section 1111 of title 18, United 
     States Code, if Federal jurisdiction existed.
       ``(2) Serial killings.--The term `serial killings' means a 
     series of 3 or more killings, not less than 1 of which was 
     committed within the United States, having common 
     characteristics such as to suggest the reasonable possibility 
     that the crimes were committed by the same actor or actors.
       ``(3) State.--The term `State' means a State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 33 of title 28, United States Code, is amended by 
     adding at end the following:

``540B. Investigation of serial killings.''.

     SEC. 702. KIDNAPPING.

       (a) Clarification of Element of Offense.--Section 
     1201(a)(1) of title 18, United States Code, is amended by 
     inserting ``, regardless of whether the person was alive when 
     transported across a State boundary if the person was alive 
     when the transportation began'' before the semicolon.
       (b) Technical Amendment.--Section 1201(a)(5) of title 18, 
     United States Code, is amended by striking ``designated'' and 
     inserting ``described''.
       (c) 24-Hour Rule.--Section 1201(b) of title 18, United 
     States Code, is amended by adding at the end the following: 
     ``Notwithstanding the preceding sentence, the fact that the 
     presumption under this section has not yet taken effect does 
     not preclude a Federal investigation of a possible violation 
     of this section before the 24-hour period has ended.''.

     SEC. 703. MORGAN P. HARDIMAN CHILD ABDUCTION AND SERIAL 
                   MURDER INVESTIGATIVE RESOURCES CENTER.

       (a) Establishment.--Not later than 90 days after the date 
     of enactment of this Act, the Attorney General shall 
     establish within the Federal Bureau of Investigation a Child 
     Abduction and Serial Murder Investigative Resources Center to 
     be known as the ``Morgan P. Hardiman Child Abduction and 
     Serial Murder Investigative Resources Center'' (in this 
     section referred to as the ``CASMIRC'').
       (b) Purpose.--The CASMIRC shall be managed by National 
     Center for the Analysis of Violent Crime of the Critical 
     Incident Response Group of the Federal Bureau of 
     Investigation (in this section referred to as the ``NCAVC''), 
     and by multidisciplinary resource teams in Federal Bureau of 
     Investigation field offices, in order to provide 
     investigative support through the coordination and provision 
     of Federal law enforcement resources, training, and 
     application of other multidisciplinary expertise, to assist 
     Federal, State, and local authorities in matters involving 
     child abductions, mysterious disappearance of children, child 
     homicide, and serial murder across the country. The CASMIRC 
     shall be co-located with the NCAVC.
       (c) Duties of the CASMIRC.--The CASMIRC shall perform such 
     duties as the Attorney General determines appropriate to 
     carry out the purposes of the CASMIRC, including--
       (1) identifying, developing, researching, acquiring, and 
     refining multidisciplinary information and specialities to 
     provide for the most current expertise available to advance 
     investigative knowledge and practices used in child 
     abduction, mysterious disappearance of children, child 
     homicide, and serial murder investigations;
       (2) providing advice and coordinating the application of 
     current and emerging technical, forensic, and other Federal 
     assistance to Federal, State, and local authorities in child 
     abduction, mysterious disappearances of children, child 
     homicide, and serial murder investigations;
       (3) providing investigative support, research findings, and 
     violent crime analysis

[[Page S10615]]

     to Federal, State, and local authorities in child abduction, 
     mysterious disappearances of children, child homicide, and 
     serial murder investigations;
       (4) providing, if requested by a Federal, State, or local 
     law enforcement agency, on site consultation and advice in 
     child abduction, mysterious disappearances of children, child 
     homicide and serial murder investigations;
       (5) coordinating the application of resources of pertinent 
     Federal law enforcement agencies, and other Federal entities 
     including, but not limited to, the United States Customs 
     Service, the Secret Service, the Postal Inspection Service, 
     and the United States Marshals Service, as appropriate, and 
     with the concurrence of the agency head to support Federal, 
     State, and local law enforcement involved in child abduction, 
     mysterious disappearance of a child, child homicide, and 
     serial murder investigations;
       (6) conducting ongoing research related to child 
     abductions, mysterious disappearances of children, child 
     homicides, and serial murder, including identification and 
     investigative application of current and emerging 
     technologies, identification of investigative searching 
     technologies and methods for physically locating abducted 
     children, investigative use of offender behavioral assessment 
     and analysis concepts, gathering statistics and information 
     necessary for case identification, trend analysis, and case 
     linkages to advance the investigative effectiveness of 
     outstanding abducted children cases, develop investigative 
     systems to identify and track serious serial offenders that 
     repeatedly victimize children for comparison to unsolved 
     cases, and other investigative research pertinent to child 
     abduction, mysterious disappearance of a child, child 
     homicide, and serial murder covered in this section;
       (7) working under the NCAVC in coordination with the 
     National Center For Missing and Exploited Children and the 
     Office of Juvenile Justice and Delinquency Prevention of the 
     Department of Justice to provide appropriate training to 
     Federal, State, and local law enforcement in matters 
     regarding child abductions, mysterious disappearances of 
     children, child homicides; and
       (8) establishing a centralized repository based upon case 
     data reflecting child abductions, mysterious disappearances 
     of children, child homicides and serial murder submitted by 
     State and local agencies, and an automated system for the 
     efficient collection, retrieval, analysis, and reporting of 
     information regarding CASMIRC investigative resources, 
     research, and requests for and provision of investigative 
     support services.
       (d) Appointment of Personnel to the CASMIRC.--
       (1) Selection of members of the casmirc and participating 
     state and local law enforcement personnel.--The Director of 
     the Federal Bureau of Investigation shall appoint the members 
     of the CASMIRC. The CASMIRC shall be staffed with Federal 
     Bureau of Investigation personnel and other necessary 
     personnel selected for their expertise that would enable them 
     to assist in the research, data collection, and analysis, and 
     provision of investigative support in child abduction, 
     mysterious disappearance of children, child homicide and 
     serial murder investigations. The Director may, with 
     concurrence of the appropriate State or local agency, also 
     appoint State and local law enforcement personnel to work 
     with the CASMIRC.
       (2) Status.--Each member of the CASMIRC (and each 
     individual from any State or local law enforcement agency 
     appointed to work with the CASMIRC) shall remain as an 
     employee of that member's or individual's respective agency 
     for all purposes (including the purpose of performance 
     review), and service with the CASMIRC shall be without 
     interruption or loss of civil service privilege or status and 
     shall be on a nonreimbursable basis, except if appropriate to 
     reimburse State and local law enforcement for overtime costs 
     for an individual appointed to work with the resource team. 
     Additionally, reimbursement of travel and per diem expenses 
     will occur for State and local law enforcement participation 
     in resident fellowship programs at the NCAVC when offered.
       (3) Training.--CASMIRC personnel, under the guidance of the 
     Federal Bureau of Investigation's National Center for the 
     Analysis of Violent Crime and in consultation with the 
     National Center For Missing and Exploited Children, shall 
     develop a specialized course of instruction devoted to 
     training members of the CASMIRC consistent with the purpose 
     of this section. The CASMIRC shall also work with the 
     National Center For Missing and Exploited Children and the 
     Office of Juvenile Justice and Delinquency Prevention of the 
     Department of Justice to develop a course of instruction for 
     State and local law enforcement personnel to facilitate the 
     dissemination of the most current multidisciplinary expertise 
     in the investigation of child abductions, mysterious 
     disappearances of children, child homicides, and serial 
     murder of children.
       (e) Report to Congress.--One year after the establishment 
     of the CASMIRC, the Attorney General shall submit to Congress 
     a report, which shall include--
       (1) a description of the goals and activities of the 
     CASMIRC; and
       (2) information regarding--
       (A) the number and qualifications of the members appointed 
     to the CASMIRC;
       (B) the provision of equipment, administrative support, and 
     office space for the CASMIRC; and
       (C) the projected resource needs for the CASMIRC.
       (f) 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, and 2001.
       (g) Conforming Amendment.--Subtitle C of title XVII of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 5776a et seq.) is repealed.
     TITLE VIII--RESTRICTED ACCESS TO INTERACTIVE COMPUTER SERVICES

     SEC. 801. PRISONER ACCESS.

       Notwithstanding any other provision of law, no agency, 
     officer, or employee of the United States shall implement, or 
     provide any financial assistance to, any Federal program or 
     Federal activity in which a Federal prisoner is allowed 
     access to any electronic communication service or remote 
     computing service without the supervision of an official of 
     the Federal Government.

     SEC. 802. RECOMMENDED PROHIBITION.

       (a) Findings.--Congress finds that--
       (1) a Minnesota State prisoner, serving 23 years for 
     molesting teenage girls, worked for a nonprofit work and 
     education program inside the prison, through which the 
     prisoner had unsupervised access to the Internet;
       (2) the prisoner, through his unsupervised access to the 
     Internet, trafficked in child pornography over the Internet;
       (3) Federal law enforcement authorities caught the prisoner 
     with a computer disk containing 280 pictures of juveniles 
     engaged in sexually explicit conduct;
       (4) a jury found the prisoner guilty of conspiring to trade 
     in child pornography and possessing child pornography;
       (5) the United States District Court for the District of 
     Minnesota sentenced the prisoner to 87 months in Federal 
     prison, to be served upon the completion of his 23-year State 
     prison term; and
       (6) there has been an explosion in the use of the Internet 
     in the United States, further placing our Nation's children 
     at risk of harm and exploitation at the hands of predators on 
     the Internet and increasing the ease of trafficking in child 
     pornography.
       (b) Sense of Congress.--It is the sense of Congress that 
     State Governors, State legislators, and State prison 
     administrators should prohibit unsupervised access to the 
     Internet by State prisoners.

     SEC. 803. SURVEY.

       (a) Survey.--Not later than 6 months after the date of 
     enactment of this Act, the Attorney General shall conduct a 
     survey of the States to determine to what extent each State 
     allows prisoners access to any interactive computer service 
     and whether such access is supervised by a prison official.
       (b) Report.--The Attorney General shall submit a report to 
     Congress of the findings of the survey conducted pursuant to 
     subsection (a).
       (c) State Defined.--In this section, the term ``State'' 
     means each of the 50 States and the District of Columbia.
                           TITLE IX--STUDIES

     SEC. 901. STUDY ON LIMITING THE AVAILABILITY OF PORNOGRAPHY 
                   ON THE INTERNET.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Attorney General shall request 
     that the National Academy of Sciences, acting through its 
     National Research Council, enter into a contract to conduct a 
     study of computer-based technologies and other approaches to 
     the problem of the availability of pornographic material to 
     children on the Internet, in order to develop possible 
     amendments to Federal criminal law and other law enforcement 
     techniques to respond to the problem.
       (b) Contents of Study.--The study under this section shall 
     address each of the following:
       (1) The capabilities of present-day computer-based control 
     technologies for controlling electronic transmission of 
     pornographic images.
       (2) Research needed to develop computer-based control 
     technologies to the point of practical utility for 
     controlling the electronic transmission of pornographic 
     images.
       (3) Any inherent limitations of computer-based control 
     technologies for controlling electronic transmission of 
     pornographic images.
       (4) Operational policies or management techniques needed to 
     ensure the effectiveness of these control technologies for 
     controlling electronic transmission of pornographic images.
       (c) Final Report.--Not later than 2 years after the date of 
     enactment of this Act, the Attorney General shall submit to 
     the Committees on the Judiciary of the House of 
     Representatives and the Senate a final report of the study 
     under this section, which report shall--
       (1) set forth the findings, conclusions, and 
     recommendations of the Council; and
       (2) be submitted by the Committees on the Judiciary of the 
     House of Representatives and the Senate to relevant 
     Government agencies and committees of Congress.

     SEC. 902. STUDY OF HOTLINES.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Attorney General shall conduct 
     a study in accordance with subsection (b) and submit to 
     Congress a report on the results of that study.
       (b) Contents of Study.--The study under this section shall 
     include an examination of--

[[Page S10616]]

       (1) existing State programs for informing the public about 
     the presence of sexual predators released from prison, as 
     required in section 170101 of the Violent Crime Control and 
     Law Enforcement Act of 1994 (42 U.S.C. 14071), including the 
     use of CD-ROMs, Internet databases, and Sexual Offender 
     Identification Hotlines, such as those used in the State of 
     California; and
       (2) the feasibility of establishing a national hotline for 
     parents to access a Federal Bureau of Investigation database 
     that tracks the location of convicted sexual predators 
     established under section 170102 of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 14072) and, in 
     determining that feasibility, the Attorney General shall 
     examine issues including the cost, necessary changes to 
     Federal and State laws necessitated by the creation of such a 
     hotline, consistency with Federal and State case law 
     pertaining to community notification, and the need for, and 
     accuracy and reliability of, the information available 
     through such a hotline.

                          ____________________