[Congressional Record Volume 144, Number 141 (Friday, October 9, 1998)]
[Senate]
[Pages S12257-S12265]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        PROTECTION OF CHILDREN FROM SEXUAL PREDATORS ACT OF 1998

  Mr. COATS. Mr. President, I now ask unanimous consent that the Senate 
proceed to the consideration of calendar No. 587, H.R. 3494.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 3494) to amend Title 18 United States Code 
     with respect to violent sex crimes against children, and for 
     other purposes.

  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 to strike all after the enacting clause and inserting in lieu 
thereof the following:

     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.

[[Page S12258]]

             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''.

     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.''.

[[Page S12259]]

  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;
       (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.--

[[Page S12260]]

       ``(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.''.

     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

[[Page S12261]]

     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 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 S12262]]

       (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.


                           Amendment No. 3811

         (Purpose: To make technical and conforming amendments)

  Mr. COATS. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Indiana [Mr. Coats], for Mr. Hatch, Mr. 
     Leahy, and Mr. DeWine, proposes an amendment numbered 3811.

  Mr. COATS. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 116, lines 22 and 23, strike ``territory'' and 
     insert ``commonwealth, territory,''.
       On page 118, strike lines 1 through 3, and insert the 
     following:
       ``(2) the term `State' means a State of the United States, 
     the District of Columbia, and any commonwealth, territory, or 
     possession of the United''.
       On page 132, lines 9 and 10, strike ``that provide probable 
     cause to believe that'' and insert ``from which''.
       On page 132, line 13, strike ``has occurred'' and insert 
     ``is apparent,''.

  Mr. COATS. Mr. President, I ask unanimous consent that the amendment 
be agreed to.
  The amendment (No. 3811) was agreed to.


                           Amendment No. 3812

  (Purpose: To amend chapter 110 of title 18, United States Code, to 
  provide for ``zero tolerance'' for possession of child pornography)

  Mr. COATS. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Indiana [Mr. Coats], for Mr. Hatch, 
     proposes an amendment numbered 3812.

  Mr. COATS. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 121, between lines 6 and 7, insert the following:

     SEC. 203. ``ZERO TOLERANCE'' FOR POSSESSION OF CHILD 
                   PORNOGRAPHY.

       (a) Material Involving the Sexual Exploitation of Minors.--
     Section 2252 of title 18, United States Code, is amended--
       (1) in subsection (a)(4), by striking ``3 or more'' each 
     place that term appears and inserting ``1 or more''; and
       (2) by adding at the end the following:
       ``(c) Affirmative Defense.--It shall be an affirmative 
     defense to a charge of violating paragraph (4) of subsection 
     (a) that the defendant--
       ``(1) possessed less than 3 matters containing any visual 
     depiction proscribed by that paragraph; and
       ``(2) promptly and in good faith, and without retaining or 
     allowing any person, other than a law enforcement agency, to 
     access any visual depiction or copy thereof--
       ``(A) took reasonable steps to destroy each such visual 
     depiction; or
       ``(B) reported the matter to a law enforcement agency and 
     afforded that agency access to each such visual depiction.''.
       (b) Material Constituting or Containing Child 
     Pornography.--Section 2252A of title 18, United States Code, 
     is amended--
       (1) in subsection (a)(5), by striking ``3 or more images'' 
     each place that term appears and inserting ``an image''; and
       (2) by adding at the end the following:
       ``(d) Affirmative Defense.--It shall be an affirmative 
     defense to a charge of violating subsection (a)(5) that the 
     defendant--
       ``(1) possessed less than 3 images of child pornography; 
     and
       ``(2) promptly and in good faith, and without retaining or 
     allowing any person, other than a law enforcement agency, to 
     access any image or copy thereof--
       ``(A) took reasonable steps to destroy each such image; or
       ``(B) reported the matter to a law enforcement agency and 
     afforded that agency access to each such image.''.

  Mr. COATS. Mr. President, I ask unanimous consent that the amendment 
be agreed to, the committee substitute be agreed to, the bill 
considered read the third time and passed, as amended, the amendment to 
the title be agreed to, and the title, as amended, be agreed to, the 
motion to reconsider be laid upon the table, and that any statements 
relating to the bill appear at this point in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3812) was agreed to.
  The committee amendment, as amended, was agreed to.
  The bill (H.R. 3494), as amended, was considered read the third time, 
and passed.
  The title amendment was agreed to.
  The title amendment, as amended, was agreed to.
  The title was amended so as to read:
  ``To amend title 18, United States Code, to protect children from 
sexual abuse and exploitation, and for other purposes.''
  Mr. HATCH. Mr. President, I am pleased to note the passage of H.R. 
3494, the Hatch-Leahy-DeWine ``Protection of Children from Sexual 
Predators Act of 1998.'' I want to thank Senators Leahy and DeWine for 
their cooperation in drafting and advocating the passage of this 
important piece of legislation. I also want to commend Congressman 
McCollum for his determined efforts in marshaling H.R. 3494 through the 
House.
  Although it was necessary to make some changes to the House version 
in an effort to achieve bipartisan support in the Senate, the final 
product is a strong bill which goes a long way toward improving the 
ability of law enforcement and the courts to respond to high-tech 
sexual predators of children. Pedophiles who roam the Internet, 
purveyors of child pornography, and serial child molesters are 
specifically targeted.
  The Internet is a wonderful creation. By allowing for instant 
communication around the globe, it has made the world a smaller place, 
a place in which people can express their thoughts and ideas without 
limitation. It has released the creative energies of a new generation 
of entrepreneurs and it is an unparalleled source of information.
  While we should encourage people to take full advantage of the 
opportunities the Internet has to offer, we must also be vigilant in 
seeking to ensure that the Internet is not perverted into a hunting 
ground for pedophiles and other sexual predators, and a drive-through 
library and post office for purveyors of child pornography. Our 
children must be protected from those who would choose to sexually 
abuse and exploit them. And those who take the path of predation should 
know that the consequences of their actions will be severe and 
unforgiving.
  How does this bill provide additional protection for our children? By 
prohibiting the libidinous dissemination on the Internet of information 
related to minors and the sending of obscene material to minors, we 
make it more difficult for sexual predators to gather information on, 
and lower the sexual inhibitions of, potential targets. By prohibiting 
to possession of even one item or image containing child pornography, 
we are stating in no uncertain terms that we have ``zero tolerance'' 
for the sexual exploitation of children. And by requiring electronic 
communication service providers to report the commission of child 
pornography offenses to authorities, we mandate accountability and 
responsibility on the Internet.
  Additionally, law enforcement is given effective tools to pursue 
sexual predators. The Attorney General is provided with authority to 
issue administrative subpoenas in child pornography cases. Proceeds 
derived from these offenses, and the facilities and instrumentalities 
used to perpetuate these offenses, will be subject to forfeiture. And 
prosecutors will not have the power to seek pretrial detention of 
sexual predators prior to trial.
  Federal law enforcement will be given increased statutory authority 
to assist the States in kidnapping and serial murder investigations, 
which often involve children. In that vein, H.R. 3494 calls for the 
creation of the Morgan P. Hardiman Child Abduction and Serial Murder 
Investigative Resources Center.

[[Page S12263]]

That center will gather information, expertise and resources that our 
nation's law enforcement agencies can draw upon to help combat these 
heinous crimes.
  Sentences for child abuse and exploitation offenses will be made 
tougher. In addition to increasing the maximum penalties available for 
many crimes against children and mandating tough sentences for repeat 
offenders, the bill will also recommend that the Sentencing Commission 
reevaluate the guidelines applicable to these offenses, and increase 
them where appropriate to address the egregiousness of these crimes. 
And H.R. 3494 calls for life imprisonment in appropriate cases where 
certain crimes result in the death of children.
  Protection of our children is not a partisan issue. We have drawn 
upon the collective wisdom of the House as well as from Senators on 
both sides of the aisle to draft a bill which includes strong, 
effective legislation protecting children. Once again, I urge the House 
to act quickly to pass this bill so that we can get it to the President 
for his signature this session. Protection for our children delayed is 
protection denied.
  Mr. LEAHY. Mr. President, I am glad that we have been able to achieve 
passage of a bill that will help protect children from sexual 
predators.
  As the leaders of the Senate Judiciary Committee, it is the 
responsibility of Chairman Hatch and myself to schedule legislation for 
consideration by the Committee and to draft changes, if warranted. Many 
bills never are scheduled for committee votes, and as the legislative 
session draws to a close, it becomes increasingly important that any 
bills brought to the Senate Floor adequately address concerns raised, 
to improve their chances for enactment. At this stage of the 
legislative process, even one senator can prevent passage of an ill-
considered or controversial bill. Passage today of the Hatch-Leahy-
DeWine substitute to H.R. 3494 is due to the efforts of those members 
who have worked to resolve the legitimate concerns raised by the 
original bill we received from the House.
  In the case of H.R. 3494, the Chairman and I, joined by Senator 
DeWine. worked hard to bring forward a bill that was both strong and 
sensible and that would have a chance to win enactment in the short 
time remaining in the legislative session.
  Unlike some who may just want to score political points, we actually 
want to enact this bill to protect children, something that I worked 
hard to do as a prosecutor, when I convicted child molesters in the 
state of Vermont. We wanted to bring forward a bill that could pass.
  The problem area is the original House bill as it reached the 
Committee centered on its unintended consequences for law enforcement, 
regulation of the Internet, and important privacy rights that have 
nothing to do with child pornography.
  As I have said before, the whole world watches when the United States 
regulates the Internet, and we have a special obligation to do it 
right.
  The goal of H.R. 3494, and of the Hatch-Leahy-DeWine substitute, is 
to provide stronger protections for children from those who would prey 
upon them. Concerns over protecting our children have only intensified 
in recent years with the growing popularity of the Internet and the 
World Wide Web. Cyberspace gives users access to a wealth of 
information; it connects people from around the world. But is also 
creates new opportunities for sexual predators and child pornographers 
to ply their trade.
  The challenge is to protect children from exploitation in cyberspace 
while ensuring that the vast democratic forum of the Internet remains 
an engine for the free exchange of ideas and information.
  The Hatch-Leahy-DeWine version of the bill meets this challenge. 
While neither version is a cure-all for the scourge of child 
pornography, the substitute is a useful step toward limiting the 
ability of cyber-pornographers and predators from harming children.
  The bill has come a long way since it was passed by the House last 
June. Significant objections were raised by civil liberties 
organizations and others to provisions in the original H.R. 3494, and 
we worked hard on a bipartisan basis to ensure that this bill would 
pass in the short time remaining in this Congress.
  I thank the Chairman and Senator DeWine, and other members of the 
Committee, for working together to address the legitimate concerns 
about certain provisions in the House-passed bill, and to make this 
substitute more focused and measured. Briefly, I would like to 
highlight and explain some of the changes we made, and why we made 
them.
  As passed by the House, H.R. 3494 would make it a crime, punishable 
by up to 5 years' imprisonment, to do nothing more than ``contact'' a 
minor, or even just attempt to ``contact'' a minor, for the purpose of 
engaging in sexual activity. This provision, which would be extremely 
difficult to enforce and would invite court challenges, does not appear 
in the Hatch-Leahy-DeWine substitute. In criminal law terms, the act of 
making contact is not very far along the spectrum of an overt criminal 
act. Targeting ``attempts'' to make contact would be even more like 
prosecuting a thought crime. It is difficult to see how such a 
provision would be enforced without inviting significant litigation.
  Another new crime created by the House bill prohibited the 
transmittal of identifying information about any person under 18 for 
the purpose of encouraging unlawful sexual activity. In its original 
incarnation, this provision would have had the absurd result of 
prohibiting a person under the age of consent from e-mailing her own 
address or telephone number to her boyfriend. The Hatch-Leahy-DeWine 
substitute fixes this problem by making it clear that a violation must 
involve the transmission of someone else's identifying information. In 
addition, to eliminate any notice problem arising from the variations 
in state statutory rape laws, the Senate bill conforms the bill to the 
federal age of consent--16--in provisions regarding the age of the 
identified minor. The Senate bill also clarifies that the defendant 
must know that the person about whom he was transmitting identifying 
information was, in fact, under 16. This change was particularly 
important because, in the anonymous world of cyberspace, a person may 
have no way of knowing the age of the faceless person with whom he is 
communicating.
  Another provision of the House bill, which makes it a crime to 
transfer obscene material to a minor, raised similar concerns. Again, 
the Hatch-Leahy-DeWine bill lowers the age of minority from 18 to 16--
the federal age of majority--and provides that the defendant must know 
he is dealing with someone so young. This provision of the Senate bill, 
like the House bill, applies only to ``obscene'' material--that is, 
material that enjoys no First Amendment protection whatever--material 
that is patently offensive to the average adult. The bill does not 
purport to proscribe the transferral of constitutionally protected 
material.

  The original House bill would also have criminalized certain conduct 
directed at a person who had been ``represented '' to be a minor, even 
if that person was, in fact, an adult. The evident purpose was to make 
clear that the targets of sting operations are not relieved of criminal 
liability merely because their intended victim turned out to be an 
undercover agent and not a child. The new ``sting'' provisions 
addressed a problem that simply does not currently exist: No court has 
ever endorsed an impossibility defense along the lines anticipated by 
the House bill. The creation of special ``sting'' provisions in this 
one area could unintentionally harm law enforcement interests by 
lending credence to impossibility defenses raised in other sting and 
undercover situations. At the same time, these provisions would have 
criminalized conduct that was otherwise lawful: It is not a crime for 
adults to communicate with each other about sex, even if one of the 
adults pretends to be a child. Given these significant concerns, the 
``sting'' provisions have been stricken from the House Leahy-DeWine 
substitute.
  Another concern with the House bill was its modification of the child 
pornography possession laws. Current law requires possession of three 
or more pornographic images in order for there to be criminal 
liability. Congress wrote this requirement into the law as a way of 
protecting against government overreaching. By eliminating this numeric

[[Page S12264]]

requirement, the House bill put at risk the unsuspecting Internet user 
who, by inadvertence or mistake, downleaded a single pornographic image 
of a child. While we support the concept of zero tolerance for child 
pornography, the inevitable result of the House language in overriding 
the earlier congressional definition would be to chill the free 
exchange of information over the Web by making users fearful that, if 
they download illegal material by mistake, they could go to jail.
  More importantly, this provision could also inadvertently harm law 
enforcement interests by chilling those who inadvertently or mistakenly 
come upon child pornography from bringing the material to the attention 
of law enforcement officers. Technically, under the House-passed bill, 
these law-abiding citizens would be subject to criminal liabiilty.
  Efforts to avoid these unintended consequences, while promoting zero 
tolerance of child pornography, could not be resolved in the time 
constraints facing the Committee. However, our bipartisan efforts to 
draft workable language have borne fruit. The Hatch-Leahy-DeWine-
Sessions amendment accommodates the objective of ``zero balance'' for 
child pornography, but permits a narrow affirmative defense for certain 
defendants who, in good faith, destroyed the prohibited material or 
reported it to law enforcement authorities. With this amendment, we 
have achieved zero tolerance without unintended consequences for 
innocent Internet users and for law enforcement.
  The House bill would have given the Attorney General sweeping 
administrative authority to subpoena records and witnesses 
investigations involving crimes against children. This proposed 
authority to issue administrative subpoenas would have given federal 
agents the power to compel disclosures without any oversight by a 
judge, prosecutor, or grand jury, and without any of the grand jury 
secrecy requirements. We appreciate that such secretary requirements 
may pose obstacles to full and efficient cooperation of federal/state 
task forces in their joint efforts to reduce the steadily increasing 
use of the Internet to perpetrate crimes against children, including 
crimes involving the distribution of child pornography. In addition, we 
understand that some U.S. Attorneys' Offices are reluctant to open 
grand jury investigations when the only goal is to identify individuals 
who have not yet, and may never, commit a federal (as opposed to state 
or local) offense.

  The Hatch-Leahy-DeWine substitute accommodates these competing 
interests by granting the Department a narrowly drawn authority to 
subpoena the information that it most needs: Routine subscriber account 
information from Internet Service Providers (ISPS), which may provide 
appropriate notice to subscribers.
  The new reporting requirement established by H.R. 3494 would also 
create new problems. Under current law, ISPs are generally free to 
report suspicious communications to law enforcement authorities. Under 
H.R. 3494, ISPs would be required to report such communications when 
they involve child pornography; failure to do so would be punishable by 
a substantial fine.
  In addressing this issue, the Chairman, Senator DeWine and I are 
committed to eradicating the market of child pornography, believing 
that child pornography is inherently harmful to children. ISPs that 
come across such material should report it, and, in most cases, they 
already do. We must tread cautiously, however, before we compel private 
citizens to act as good Samaritans or to assume duties and 
responsibilities that are better left to law enforcement following 
statutory defined procedures to safeguard privacy and ensure due 
process.
  The ISPs have cooperated in refining this provision of the House bill 
to make it more workable. Particular consideration was given to the 
appropriate standard for triggering a duty to report. We wanted to make 
the bar sufficiently high to discourage ISPs from erring on the side of 
over-reporting every questionable image. Over-reporting would overwhelm 
law enforcement agencies with worthless investigative leads and make it 
more difficult for them to isolate the leads worth pursuing. Over-
reporting would also jeopardize the First Amendment rights of Internet 
users, while needlessly magnifying the administrative burden of the 
ISPs.
  Under H.R. 3494, ISPs have a duty to make a report to law enforcement 
authorities only when they obtain knowledge of material from which a 
violation of the federal child pornography laws ``is apparent.'' While 
the committee-reported bill required ISPs to make a report only when 
they had ``probable cause'' to believe that the child pornography laws 
were being violated, the substitute passed today adopts an ``is 
apparent'' standard. The latter standard is stricter than the 
``probable cause'' standard and so will reduce any incentive for over-
reporting. I ask unanimous consent that a letter from America Online 
regarding the ``is apparent'' standard be included in the record.
  If the ``is apparent'' standard is met, an ISP must expeditiously 
file a report with law enforcement authorities. This report is to 
include the ``facts or circumstances'' from which a violation of the 
law is apparent, so that law enforcement agencies can determine whether 
or not further investigation or prosecution is called for. Information 
in the ISP's files identifying the name of a subscriber does not fall 
within this description, since child pornography offenses will either 
be apparent or not, without regard to the name of a party to an image 
transmission or other violative act. If law enforcement determines that 
further investigation is warranted, it may subpoena, the ISP for any 
identifying information that the ISP may possess. The new 
administrative subpoena power should expedite this process.
  The substitute also refines the reporting requirement in other ways:
  First, by providing that there is no liability for failing to make a 
report unless the ISP knew both of the existence of child pornography 
and of the duty to report it (if it rises to the level of probable 
cause).
  Second, by making clear that we are not imposing a monitoring 
requirement of any kind: ISPs must report child pornography when they 
come across it or it is brought to their attention, but they are not 
obligated to go out looking for it, which raises significant privacy 
concerns and conflicts with other laws.
  Third, by adding privacy protections for any information reported 
under the bill.
  Fourth, to protect smaller ISPs who could be put out of business for 
a first offense, by lowering the maximum fine for first offenders to 
$50,000; a second or subsequent failure to report, however, may still 
result in a fine of up to $100,000.
  Thus, improved, the reporting requirement will accomplish its 
objectives without violating the privacy rights of Internet users, 
unduly burdening the ISPs, or inundating law enforcement with a lot of 
worthless information.
  In conclusion, I commend Senators Hatch and DeWine for their efforts 
to address the terrible problem of child predators and pornographers. I 
am glad that we were able to join forces to construct a substitute that 
goes a long way toward achieving our common goals.


                                          America Online Inc.,

                               Washington, DC, September 25, 1998.
     Hon. Patrick Leahy,
     Ranking Member, Judiciary Committee, US Senate, Washington, 
         DC.
       Dear Senator Leahy: I am writing to follow up on the letter 
     of September 18 on the ISP reporting provisions of H.R. 3494, 
     to which America Online was a signatory.
       In discussions preceding markup, there was an ISP request 
     for a tighter standard for the duty-to-report screening test, 
     to avoid unnecessary and counter-productive reporting. In 
     response, the committee used a ``probable cause'' standard. 
     While we are grateful for your intent, there has remained 
     some uncertainty about the effect of the original ``is 
     apparent'' standard and, thus, about which standard is 
     actually more limiting of the material covered, and thus more 
     workable for ISP's. Subsequently, a number of ISP's have 
     analyzed and discussed the question, and it is our collective 
     judgment that the ``is apparent'' standard is preferable. 
     This is the basis for our request that the language be 
     changed.
       To elaborate: under proposed 227(b)(1) of the Victims of 
     Child Abuse Act, as added by Sec. 604 of H.R. 3494, Internet 
     and online service providers (ISP's) would have a duty to 
     report to a law enforcement authority any child pornography 
     of which it gains knowledge in the provision of its service. 
     In each case the ISP must judge whether material is covered 
     under this duty or not. The test it

[[Page S12265]]

     uses in this process of analysis is the subject of our 
     request. Based on our review of the history of the ``is 
     apparent'' standard, we believe it to result in a narrower 
     reporting scope than ``probably cause,'' which at best calls 
     for an uncertain ``more likely than not'' judgment.
       A more workable approach is to trigger the duty when the 
     ISP receives knowledge of ``facts or circumstances from which 
     a violation of [applicable law] is apparent****'' While the 
     ISP has no duty to monitor its users, in essence this 
     language creates a ``red flag:'' if the ISP in the operation 
     of its service obtains knowledge of material which is clearly 
     child pornography, a red flag should be raised. Such material 
     must be reported to the authorities. It is not, the ISP may 
     be heavily fined--it ignores the red flag at its peril.
       As you are aware, this standard originated in Title II of 
     the Digital Millennium Copyright Act, developed in the 
     Judiciary Committee and passed 99-0 by the Senate earlier 
     this summer. For material present on ISPs' servers or 
     material to which ISP's link on the Internet, committee 
     desired to create a standard of liability triggered by 
     disregard of any ``red flags''. It sought a test falling 
     between the familiar ``should have known, could have known'' 
     standard, which was deemed too broad in its coverage, and 
     absolute certainty of infringement, which was deemed too 
     narrow. ``Apparent'' has more the meaning of ``clear on its 
     face,'' and is a higher standard of evidence of illegality 
     than ``probable cause'', which implies ``more likely than 
     not, based on all the circumstances.''. As the bill's 
     extensively-negotiated ``Section by Section'' written 
     analysis states: ``Under this standard, a service provider 
     would have no obligation to seek out copyright infringement, 
     but it would not qualify for the safe habor if it had turned 
     a blind eye to `red flags' of obvious infringement.''
       Again, given this history and understanding of the ``is 
     apparent'' standard, we believe it will be a significant 
     improvement over ``probable cause'' in H.R. 3494's duty-to-
     report provisions.
       In conclusion, thank you for your willingness to continue 
     working with us on this point. Your sensitivity, and that of 
     the Chairman, have once again been crucial in laying down a 
     workable legislative road map for the Internet/online medium.
           Very truly yours,

                                               Jill A. Lesser,

                                    Director, Law & Public Policy,
                                        Assistant General Counsel.
  Mr. LAUTENBERG. Mr. President, we live in a world where it is 
increasingly difficult to protect our children. The advent of 
sophisticated computer technology has made it too easy for depraved 
criminals to gather information about children and prey upon them. And 
nothing is more heinous and reprehensible than the brutalization of a 
child. We cannot be too vigilant in the battle against child predators.
  I am pleased that today, with the passage of the Child Protection and 
Sexual Predator Punishment Act, the Senate is marching forward in this 
fight. This legislation will provide tough punishment for those who 
would sexually abuse the youth of our Nation.
  This measure contains an important provision, the Joan's Law Act, 
that Senator Torricelli and I originally introduced as a separate bill. 
This measure is based on a New Jersey law, which was named after a 7-
year-old-girl, Joan D'Alessandro. Tragically, Joan was raped and killed 
in 1973. Although her murderer was convicted of the crime and sentenced 
to 20 years in State prison, he has become eligible for parole and 
continues to seek his release.
  Joan's family has repeatedly had to fight against parole for this 
vicious killer. They have been forced to relive this tragedy again and 
again, as they try to ensure that others are protected from the 
terrible horror they have suffered.
  Joan's law will spare other families from these battles. It provides 
that, unless the death sentenced is imposed, any criminal convicted of 
a sexual offense that results in the death of a minor under the age of 
14 will be sentenced to life imprisonment. With this effort, we will 
ensure that cold-blooded murderers who abuse our children will be kept 
behind bars for the rest of their lives.
  Mr. President, I wish that we could do more to alleviate the pain and 
trauma suffered by the D'Alessandro family. With profound courage and 
dignity, they have endured so much for so long. Their relentless battle 
for justice, and their tireless efforts to protect others is an 
inspiration to us all. I am deeply heartened that Congress has passed 
this legislative memorial to Joan.
  Mr. CONRAD. Mr. President, I would like to say a few words about my 
strong support of the Mississippi Sioux Tribes Judgment Fund 
Distribution Act.
  In 1967, the Indian Claims Commission rendered a judgment in favor of 
the Sisseton-Wahpeton Sioux Tribe, the Devils Lake Sioux Tribe (now the 
Spirit Lake Nation), and the Assiniboine and Sioux Tribe of Fort Peck, 
to satisfy land compensation claims. In 1968, Congress appropriated 
$5.9 million for this settlement.
  In 1972, Congress passed legislation to provide for the distribution 
of this award to the three Tribes. Twenty-five percent ($1.5 million) 
was set aside for lineal descendants who are not tribal members. Funds 
were distributed to the Devils Lake Sioux and the Sisseton-Wahpeton 
Sioux in 1974, and a partial distribution was made to the Assiniboine 
and Sioux Tribe in 1979. However, because the original judgment did not 
include shares for the lineal descendants, the issue has been tied up 
in litigation and the lineal descendants' share of the funds has 
remained undistributed since the passage of distribution legislation in 
1972. Since that time, the interest on the fund has grown to nearly $15 
million. The bill we have approved today will distribute 71.6005 
percent of these funds to the lineal descendants, and 28.3995 percent 
to the Tribes.
  I say again, as I have said on numerous occasions, this situation has 
gone on long enough. Neither the Tribes nor the lineal descendants 
benefit from these funds being tied up in court. The Indian Affairs 
Committee has worked with the Tribes, the Department of the Interior, 
and representatives of the lineal descendants to craft the compromise 
embodied in this legislation.
  Mr. President, I am pleased by the passage of this legislation, which 
helps finalize a judgment made three decades ago. This legislation is a 
fair compromise, one that will help break the stalemate that has 
prevented the distribution of these judgment funds. I thank my 
colleagues for their support and assistance.

                          ____________________