Congressional Record, Volume 144 Issue 144 (Monday, October 12, 1998)

[Congressional Record Volume 144, Number 144 (Monday, October 12, 1998)]
[House]
[Pages H10566-H10575]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

CHILD PROTECTION AND SEXUAL PREDATOR PUNISHMENT ACT OF 1998

Mr. HUTCHINSON. Mr. Speaker, I move to suspend the rules and concur
in the Senate amendments to the bill (H.R. 3494) to amend title 18,
United States Code, with respect to violent sex crimes against
children, and for other purposes.
The Clerk read as follows:

Senate amendments

Strike out all after the enacting clause and insert:

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.
Sec. 203. ``Zero tolerance'' for possession of child pornography.

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

[[Page H10567]]

has not attained the age of 18 years in interstate or foreign
commerce, or in any commonwealth, 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) 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 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''.

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.''.

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--

[[Page H10568]]

``(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 from which 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), is apparent, 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

[[Page H10569]]

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 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;

[[Page H10570]]

(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--
(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.

[[Page H10571]]

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.
Amend the title so as to read: ``An Act to amend title
18, United States Code, to protect children from sexual abuse
and exploitation, and for other purposes.''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arkansas (Mr. Hutchinson) and the gentleman from Florida (Mr. Hastings)
each will control 20 minutes.
The Chair recognizes the gentleman from Arkansas (Mr. Hutchinson).

General Leave

Mr. HUTCHINSON. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks on H.R. 3494, the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
Mr. HUTCHINSON. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 3494, the Child Protection and Sexual Predator
Punishment Act of 1998, is a very important piece of legislation that
responds to the horrifying threat of sex crimes against children,
particularly crimes against children facilitated by the Internet.
The House passed this measure in June by a vote of 416 to zero, and
the other body passed the bill with amendments by unanimous consent
this past Friday night.
Mr. Speaker, industry experts estimate that more than 10 million
children currently spend time on the information superhighway; and by
the year 2002, 45 million children will use the Internet to talk with
friends, do homework assignments and explore the vast world around
them. Computer technologies and Internet innovations have unveiled a
world of information that is literally just a mouse click away.
Unfortunately, individuals who seek children to sexually exploit and
victimize them are also a mouse click away. Sex offenders who prey on
children no longer need to hang out in parks or malls or school yards.
Instead, they can roam from web site to chat room seeking victims with
little risk of detection.
The anonymous nature of the online relationship allows users to
misrepresent their age, gender or interests. Children are rarely
supervised while they are on the Internet. Unfortunately, this is
exactly what cyber-predators look for.
We are seeing numerous accounts in which pedophiles have used the
Internet to seduce or persuade children to meet them to engage in
sexual activities. Children who have been persuaded to meet their new
online friend face-to-face have been kidnapped, raped, photographed for
child pornography, or worse. Some children have never been heard from
again.
Three factors: the skyrocketing online presence of children, the
proliferation of child pornography on the Internet and the presence of
sexual predators trolling for unsupervised contact with children has
resulted in a chilling mix which has resulted in far too many terrible
tragedies that steal the innocence from our children and create scars
for life.
H.R. 3494 provides law enforcement with the tools it needs to
investigate and bring to justice those individuals who prey on our
Nation's children and sends a message to those individuals who commit
these heinous crimes that they will be punished swiftly and severely.
The other body made some amendments to the House-passed version of
this bill, which I think are disappointing. The underlying House bill
would have prohibited contacting a minor over the Internet for purposes
of engaging in illegal sexual activity. The Senate amendment, which we
are considering today, strikes this language.
The House bill also would have established a 3-year minimum term of
imprisonment for using that computer to entice or coerce a minor to
engage in illegal sexual activity and would have cracked down on serial
rapists by mandating life in prison for such repeat offenders.
Unfortunately, the Senate amendment strikes this language.
However, there are a good number of things in this bill, and I am
convinced the bill will be of great assistance to the criminal justice
community.
This bill targets pedophiles who stalk children on the Internet. It
prohibits knowingly transferring obscene materials to a minor or an
assumed minor over the Internet. This bill also prohibits transmitting
or advertising identifying information about a child to encourage or
facilitate criminal sexual activity. This bill doubles the maximum
prison sentence from 5 to 10 years for enticing a minor to travel
across State lines to engage in illegal sexual activity and increases
the maximum prison sentence from 10 to 15 years for persuading a minor
to engage in prostitution or a sexual act.
In addition to Internet-related crimes, this bill also includes other
very important provisions, such as authorizing criminal forfeiture and
pretrial detention for Federal sex offenders. The bill also increases
the maximum prison sentence from 10 to 15 years for transporting a
minor in interstate commerce for prostitution or sexual activity and
requires the U.S. Sentencing Commission to review and amend the
sentencing guidelines to increase the penalties for a number of Federal
sex offenses against children.
This bill doubles prison sentences for abusive sexual contact if the
victim is under the age of 12 and doubles the maximum prison sentence
available for second-time sex offenders.
H.R. 3494 gives law enforcement the tools it needs to track down
pedophiles, kidnappers and serial killers. The bill allows for
administrative subpoenas in certain child exploitation investigations
and provides for the immediate commencement of Federal investigations
in kidnapping cases.
The bill also allows for the Federal investigation of serial murder
offenses when such an investigation is requested by a State or local
law enforcement agency with jurisdiction over the offense.
Mr. Speaker, this is a substantive bill that the subcommittee has
worked very hard to put together. It is the most comprehensive package
of new crimes and increased penalties we have ever developed in
response to this horrible problem.
It is a bipartisan effort. It is supported by the administration.
Moreover, this bill received a great amount of input from several
Members of Congress, Federal, State and local law enforcement, child
advocacy groups and victims' parents. Were it not for their invaluable
assistance, I would not be proposing this essential package of
legislation today.
Mr. Speaker, the chairman, the gentleman from Florida (Mr. McCollum),
could not be here today, but I know he is very pleased that this
legislation has received such overwhelming support by the House and
Senate and that if it passes today it will go to the President for
signature.
This is an important bill, and I urge my colleagues to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. HASTINGS of Florida. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, on behalf of the gentleman from Michigan (Mr. Conyers),
who cannot be with us at this time, I rise in support of this timely,
much-needed piece of legislation.
H.R. 3494 is a comprehensive response to the horrifying menace of sex
crimes against children, particularly assaults facilitated by
computers. While there are currently no estimates as to the number of
children victimized in cyberspace, the rate at which Federal, State and
local law enforcement are confronted with these types of cases is
growing at a rapid rate.
The Child Protection and Sexual Predator Punishment Act seeks to
address the challenges posed by the new computer age to these
challenges by providing law enforcement with the tools it needs to
investigate and bring to justice those individuals who prey on our
Nation's children.

{time} 1430

The legislation makes a number of important changes, principally by
targeting pedophiles who stalk children on the Internet and by cracking
down on pedophiles who use and distribute

[[Page H10572]]

child pornography to lure children into sexual encounters.
This legislation passed the House unanimously last June. However, the
Senate made several significant changes to that bill. Many of these
changes are worthwhile. For example, this version of the bill contains
no mandatory minimum sentences. Although none of us support the type of
conduct covered by the bill, it is not productive to tie judges' hands
with one-size-fits-all mandatory minimum sentences.
The original House bill was also too broad in that it made it a crime
to contact or attempt to contact a minor. This was so broad that it
would have covered a simple ``hello'' in an Internet chat room.
Targeting attempts to make contact is like prosecuting a thought crime.
Another overbroad provision in the original House bill would have
prohibited transmittal of identifying information about any person
under 18 for the purpose of encouraging unlawful sexual activity. This
would have had the absurd result of prohibiting a person under the age
of 18 from e-mailing her own address or telephone number to her
boyfriend. The Senate fixed this problem by making it clear that a
violation must involve someone else's identifying information.
Another problematic provision in the original House bill gives the
Attorney General sweeping authority to subpoena records and witnesses
in investigations involving crimes against children. We need to be
extremely careful before we further extend the Justice Department's
administrative subpoena authority. This gives Federal agents the power
to compel disclosures without any oversight by a Federal judge.
I am also pleased to announce that we have reached accommodation on
new reporting requirements for Internet service providers. Under the
bill, Internet service providers have a duty to make a report to law
enforcement authorities when they obtain knowledge of a material from
which a violation of the Federal child pornography laws is apparent. I
believe this is stricter than the probable cause standard which has
also been proposed and will reduce incentives for over-reporting. This
standard is acceptable to providers such as America On Line.
The principal concern that I believe the gentleman from Michigan (Mr.
Conyers) and other Members have, and so do I, with the revised bill, is
that it excludes language from the Violence against Women Act II bill
that the gentleman from Michigan (Mr. Conyers) and the gentleman from
New York (Mr. Schumer) introduced this year and which the House added
unanimously. Although the Senate was not ready to expand the rights of
women who are subject to horrible abuse, we will continue to fight for
them in the future until this bill becomes law.
Mr. Speaker, I reserve the balance of my time.
Mr. HUTCHINSON. Mr. Speaker, I yield three minutes to the
distinguished gentleman from Illinois (Mr. Weller).
(Mr. WELLER asked and was given permission to revise and extend his
remarks.)
Mr. WELLER. Mr. Speaker, I thank my friend from Arkansas for yielding
me time.
Mr. Speaker, I am pleased to be here in support of what is very, very
important legislation, legislation that is intended to protect children
from those who would prey on them using the latest technology. The
Child Protection and Sexual Predator Punishment Act is important
legislation that has earned bipartisan support, deserves bipartisan
support, and I hope will be signed into law by the President soon.
I particularly want to thank the gentleman from Florida (Chairman
McCollum), who is, unfortunately, not with us here today, for his
leadership and help on this legislation, as well as Members of the
committee for their bipartisan efforts in getting this important
legislation through the House, through the Senate and now ready to send
to the President.
I would like to speak briefly on a provision I sought to have
included in this legislation as a response to an unfortunate incident
that occurred in the 11th Congressional District of Illinois in the
south suburbs.
In the summer of 1977, the Boehle family in Joliet, Illinois, began
receiving telephone calls at all hours of the day and night, strange
men asking for their nine year old daughter by name. Now, imagine that.
Imagine if you are a parent with a little girl under the age of 10, and
at all hours of the day and night strange men are calling asking
specifically for your little girl, your daughter, by name.
As a result of that, the family looked into why they were trying to
get phone calls, and they discovered that somebody had posted messages
on the Internet posing as their nine year old little girl. The messages
implied that she was having sex with her father, that she wanted to
have sex with other grown men, and that she had photos for sale.
These messages were posted on message boards targeted to pedophiles,
and they included her full name, home phone number and her hometown. As
a result of these messages, they began receiving these disturbing
telephone calls for their nine year old little girl at all hours of the
day and night.
When Mrs. Boehle read with horror the messages that were posted about
her daughter, she called the police, and they told her that nothing
could be done, that there was no law against this type of action.
She contacted the FBI, and they worked for three weeks to try and
find a statute, a law, they could use to prosecute the perpetrator, and
they came up empty.
The police advised the Boehle family to move, which they did. While
they knew that nothing could be done legally, they knew that any
pedophile that read these messages could find their home and find their
daughter. Due to this grave danger, they sold their home, uprooted
their lives, left their church and schools and moved out of their
community.
At this time Mrs. Boehle contacted me seeking help. As a result of
working in response to Mrs. Boehle's leadership and with the help of
local, state and Federal law enforcement, I introduced H.R. 2815, the
Protecting Children from Internet Predators Act. I want to thank the
gentleman from Florida (Chairman McCollum) for including this important
piece of legislation as an amendment to H.R. 3494. This provision will
make it illegal to use the Internet to transmit the name, telephone
number or other identifying information of a child.
Mr. Speaker, we need to do everything we can to ensure that the
wierdos, the whackos, the slimeballs, those who would use the latest
technology to prey on children and their families, are stopped. I
applaud the work of the Committee on the Judiciary and applaud the work
of the House and ask unanimous support for this legislation.

[From the Herald News, Apr. 19, 1998]

Free Speech, Child Safety at Odds

(By Dori Meinert)

Washington.--You say your 10-year-old daughter needs to do
a little research for a school paper on the government?
If she logs on to an innocuous looking address that
includes the word ``whitehouse,'' you'll both be in for a
surprise.
Instead of information about the president, she'll see a
scantily clad woman lying on an American flag. The Web site
boasts that it's ``one of the most controversial and erotic
Web sites in the world.''
Such sites are noted by some in Congress to argue in
support of federal regulation of the Internet, which some 62
million Americans now are using.
How can society protect both free speech and children in
cyberspace?
That's the problem that faces members of Congress this
spring as they sort through several bills introduced since
the Supreme Court last year overturned the Communications
Decency Act, which would have banned the dissemination to
minors any material that is ``indecent'' or ``patently
offensive.''
Given the huge constitutional issues involved and the
shortened congressional work schedule this year, it's unclear
whether any of these bills will be enacted before Congress
adjourns this fall.
However, if any of the more than 50 Internet-related bills
stand a chance of passage in this election year, it would be
those that aim to protect children, observers say.

congress in quandary

``Congress is in a quandary,'' said Jeff Chester, executive
director of the Center for Media Education, which advocates
Internet regulation to protect children. The various bills
set different age limits for ``minors,'' ranging from age 16
to 18.
``Clearly, we need to put some laws in place to protect
some children and youth who are online. The goal is to
strike a balance that nurtures the First Amendment
potential of the Internet, but at the same time safeguards
our privacy,'' Chester said.

[[Page H10573]]

On Thursday, the House crime subcommittee is scheduled to
hold a hearing on proposals for protecting kids from cyber-
predators.
Among those expected to testify are Deborah Boehle of Kane
County, whose family has filed a $3 million civil suit
against a former neighbor in Joliet for allegedly posting
their 9-year-old daughter's name and phone number on 14
Internet newsgroups with messages indicating she was
available for sex.
The family says it was forced to move from their Joliet
home out of fear that a pedophile would show up on their
doorstep.
Rep. Jerry Weller, R-Morris, and Sen. Carol Moseley-Braun,
D-Ill., have proposed legislation attempting to punish those
who solicit children for criminal acts over the Internet.
Moseley-Braun, who is expected to introduce her bill next
week, has been working with the American Civil Liberties
Union (ACLU) to craft a narrowly tailored version that could
survive a court challenge.

predators loom

A growing concern for law-enforcement agencies are
predators who lure children into on-line ``chat rooms'' and
eventually to real-life meetings.
Rep. Bill McCollum, R-Fla., who chairs the House crime
subcommittee, has proposed legislation that would prohibit
contacting a minor over the Internet for the purposes of
engaging in illegal sexual activity and knowningly
transferring obscene materials to a minor over the Internet.
Next month, the Senate may hold a ``high-tech'' week
devoted to several Internet-related bills, including those
aimed at protecting children.
Senate Commerce Committee Chairman John McCain, R-Ariz.,
has been discussing that possibility with Senate Majority
Leader Trent Lott, R-Miss., McCain's aide said.
One proposal likely to come up for a floor vote that week
is McCain's bill that would require public schools and
libraries to use special ``filtering'' technology to keep
children from gaining access to pornographic materials on the
Internet. The Commerce Committee approved the bill last
month.
The Senate also may take up a bill introduced by Sen. Dan
Coats, R-Ind., that would ban commercial distribution over
the Web of materials considered ``harmful to minors.''
Coat's bill presents the same constitutional problems as
its predecessor, the Communications Decency Act, which was
overturned by the Supreme Court last June, said ACLU
Washington staff counsel Cassidy Sehgal.
Yet, ``Everyone says that if they vote against an anti-
pornography bill in an election year, it would be politically
devastating,'' Sehgal said.
The nation's high court said the Communications Decency
Act, which was aimed at protecting children, was so broad
that it would have restricted adult conversations. The
justices ruled that the Internet is entitled to the broadest
free-speech protections.

filtering technology

McCain's bill requiring special technology to filter out
pornography at schools and libraries would place an added
financial burden on poorer communities, which then may not be
able to afford Internet access, Sehgal said.
The ACLU argues that such filtering software--which could
cost an initial $8,000 and $3,000 a year to be maintained--is
tantamount to ``removing books from the shelves'' of the
Internet that have value to adults and children alike. The
ACLU has had some initial victories in the filtering battle
in the lower courts.
The Washington-based Electronic Privacy Information Center
tested some filtering software and found it blocked access to
almost 90 percent of Internet sites that mentioned common
phrases such as ``American Red Cross,'' ``Bill of Rights,''
and ``Smithsonian Institution.''
The Clinton administration and many in Congress are
reluctant to restrict the burgeoning information technology
industry, preferring instead to encourage voluntary self-
monitoring.
``The Internet is Aladdin's lamp,'' Chester said. ``Rub it
the right way and it will transform the American economy and
the political system and enrich us all. On the other hand,
that genie out of the bottle is likely to be an insidious
monster robbing us of privacy.''
____

[From the Courier News, Mar. 18, 1998]

Internet Abuse Shows Need for Speech Limits

(By Deborah Boehle)

What would you do if you discovered that your 9-year old
daughter's name and phone number had been posted by someone
on 14 Internet newsgroups, along with messages that were
invitations to pedophiles to call her 24 hours a day?
When this happened to us last August, we called the police,
but it was like a slap in the face to be told that little
could be done. I couldn't believe that this was not illegal,
so I called the state police, the FBI, the state's attorney,
the attorney general and many more government offices.
In fact, I was on the phone all day. Person after person
told me that this was not against the law. After all, when
the Supreme Court struck down the Communications Decency Act
only two months earlier, they had reinforced the right of
Americans to say anything on the Internet.
Our life had been turned upside-down. A part of our
daughter's childhood had been stolen from her. She was now
fearful of things that she should not even know exists, and
everybody kept talking about the other guy's rights. We're
not even talking about criminals' right here, because this
person had not committed a crime. Why is there not a law to
protect my daughter's rights and her well-being?
By using a reverse directory on the Internet, any pedophile
could have our complete address within seconds. With only one
more click of the mouse, a pedophile could even have a map of
our neighborhood. Was there a pedophile out there crazy
enough to come looking for our neighborhood? Those messages
clearly stated that she wanted to have sex with grown men,
and the messages even promised pornographic pictures.
The police advised us to move--to leave our neighborhood,
our town, our friends, our church and our children's school.
Although we could not afford to do so, we felt that no price
was too high to pay for our daughter's safety.
Since moving to our new home, I have been working to get
legislation passed that would make it illegal for anyone to
put personal information on the Internet that could be used
to target a child for sexual contact. U.S. Rep. Jerry Weller,
R-Morris, introduced legislation in the U.S. House last
November, but it will not be an easy task to get this
legislation passed.
Our first nemesis is right here in Illinois: U.S. Sen.
Richard Durbin. According to staffers Joel Wiggington in the
Washington, D.C., office and Adrienne Jones in the Chicago
office, Durbin refuses to support any legislation such as
this because he believes it is unconstitutional. There is a
price we pay for democracy, but giving citizens unlimited
free speech at the expense of children's lives is too high a
price.
As a reporter myself, I am very protective of my First
Amendment rights, but no one needs to have the right to
endanger children's lives. The Constitution was written to
protect the citizens of this country, not to put us at risk.
When the writers of the Constitution said we had a right to
bear arms, they were talking about a musket, not a fully
automatic rifle. They said we had a right to express
ourselves freely so that we could voice our opinion in a
newspaper column and not be tarred and feathered. They could
not have even imagined that someday there would be a medium
such as the Internet that would allow citizens to write
something that could endanger a child's life and that it
could be read by millions.
Durbin clearly sees that there are limits to the Fourth
Amendment because there is no reason that a law-abiding
citizen would need to purchase a fully automatic rifle to go
duck hunting. And there are limits to the First Amendment.
While pornography is not illegal, child pornography is. It is
illegal to shout fire in a crowded theater because it is
dangerous. Certainly, it should be illegal to write something
on the Internet that can endanger a child's life or well-
being. We don't need any more laws named after dead little
girls. Let us pass a law now.

Mr. HUTCHINSON. Mr. Speaker, I yield three minutes to the gentleman
from New Jersey (Mr. Franks).
Mr. FRANKS of New Jersey. Mr. Speaker, I thank the gentleman for
yielding me time.
Mr. Speaker, as cochair of the Missing and Exploited Children's
Caucus, I wanted to congratulate the gentleman from Florida (Chairman
McCollum), the gentleman from Illinois (Chairman Hyde) and the members
of the Committee on the Judiciary for their excellent work on this
bill.
I rise to briefly turn my colleagues' attention to two of its
important provision. But first I want to share with you a tragic
incident which was covered in depth this morning on NBC's Today Show.
Twenty-five years ago, seven year old Joan D'Alessandro left her home
in Hillsdale, New Jersey, to deliver Girl Scout cookies to a neighbor.
Three days later, that neighbor, a 26 year old schoolteacher, confessed
to sexually molesting and then murdering little Joan.
But for the D'Alessandro family, the nightmare had just begun. For
the past 12 years, they have had to live with the very real prospect
that one day soon their daughter's killer would be set free. Rosemarie
D'Alessandro, Joan's mother, has been fighting this terrible injustice.
She has been the driving force behind a provision in this bill that
would mandate a sentence of no less than life imprisonment with no
opportunity for early release for anyone who commits a serious violent
felony which results in the death of a child.
Thanks to this bill, no family will ever have to endure the double
tragedy of losing a child to an act of violence and then seeing their
child's killer walk out of prison a free man.
Another important provision of this bill addresses a new and growing
threat to our children, child exploitation in cyberspace. It would
require the providers of Internet services to report

[[Page H10574]]

evidence of child pornography to law enforcement authorities.
Importantly, Internet service providers would be protected from
criminal or civil liability if they acted in good faith to assist in
the effort to prosecute peddlers of kiddie porn. The requirement now in
this bill is similar to the one that we already impose on photo
development labs when they discover evidence of child exploitation.
With this provision, law enforcement will have a powerful new tool in
combating child pornography in cyberspace.
I strongly support these measures, as well as the rest of the
underlying bill, and urge my colleagues to join me in sending it to the
President.
Mr. HUTCHINSON. Mr. Speaker, I yield two minutes to the other
gentleman from New Jersey (Mr. Pappas).
Mr. PAPPAS. Mr. Speaker, I thank the gentleman for yielding me time.
Mr. Speaker, I rise in strong support of H.R. 3494, the Child
Protection Sexual Predator Punishment act. I am a cosponsor of this
legislation and I am glad we will be able to send this bill to the
President for his signature so we can better protect children from
sexual predators.
Mr. Speaker, the Internet offers a wonderful way to expand the
knowledge and creativity of our nation's children. This bill is an
important investment by furthering Internet technologies that keep our
families safe. With more young people using the Internet every day,
this is very timely.
Moreover, I too am from a state, the State of New Jersey, which has
seen its unfortunate share of sexual predators praying upon young
children. Megan Kanka and Amanda Wengart are two victims of tragic
situations where child predators have caused devastating harm to
families and communities.
I have met with Karen Wengart, Amanda's mother, and her hard work to
close loopholes on both the state and Federal levels has inspired me to
do more in my role as a Federal official.
This bill will toughen the laws on those who molest children, those
who traffic in child pornography, and those who try to entrap
unsuspecting children and urges governors, legislators, and prison
administrators to prohibit unsupervised access to the Internet by state
prisoners. It is a good step in furthering our bipartisan efforts to
stop child pornography.
I commend the gentleman from Florida (Mr. McCollum) for listening to
the concerns of people like me who want this Congress to do more to end
pain to families such as those we have mentioned when our children are
killed or are the victims of sex crimes.
I urge all Members support this bill.
Mr. HUTCHINSON. Mr. Speaker, I yield three minutes to the gentlewoman
from Washington (Ms. Dunn).
(Ms. DUNN asked and was given permission to revise and extend her
remarks.)
Ms. DUNN. Mr. Speaker, I rise today for mothers and dads all over
this country who are doing everything they can to keep their children
safe and innocent but may not be aware of the pedophiles who break into
our homes by cruising the Internet.
In this age of ever-expanding technology and personal computers in so
many homes, pedophiles are increasingly using the anonymity of the
Internet to pose as minors and befriend children who are unknowingly
lured into dangerous situations.
With both Megan's Law and the Jacob Wetterling Crimes Against
Children Act, we told sexual offenders you can run, but you can't hide.
These laws have given neighborhoods a greater sense of security by
informing them when a sexual predator might be living in their midst.
But what about cyber-predators? They may live anywhere; in our
neighborhood, in another state, across the country, and yet they still
have access to our children. These predators think that they can hide
behind the faceless, voiceless world of the Internet. Make no mistake,
they are wrong.
That is why the McCollum-Dunn bill is so critical to families across
America. This legislation helps law enforcement crack down on
pedophiles who no longer offer candy to unsuspecting children on the
playground, but now offer companionship to children through an Internet
chat room.
This bill tells sexual predators that the information superhighway is
not a detour for deviant behavior. We will not stop until we enable
every mother and father to feel secure that their children are safe
from violence, at school, at home and in the neighborhood.
McCollum-Dunn will ensure that cyber-predators become real live
prisoners by providing law enforcement with the tools it needs to bring
to justice those who would prey on our children. By allowing the
immediate commencement of Federal investigations in kidnapping cases,
the FBI can begin investigating a missing person's report without
waiting for 24 hours.

{time} 1445

When an abducted child is not found in the first 24 hours, it becomes
far more difficult to find that child at all.
By clarifying this rule, this bill offers parents greater peace of
mind that their child will be found quickly and that he will not be
frustrated by the inaction of law enforcement.
Additionally, McCollum-Dunn metes out harsher penalties for sexual
predators. By doubling maximum prison sentences and tightening child
pornography statutes, this bill cracks down on criminals who would use
legal loopholes to escape punishment.
Mr. Speaker, I believe this is the most important legislation to
protect children and give parents peace of mind of any law since
Megan's Law, which stemmed from Washington State after the tragic death
of my friend, Diane Ballasiotes. As a mother and as a legislator, I
understand what the protections in this legislation mean to parents all
over the country, and I urge my colleagues to support this bill.
Mr. HASTINGS of Florida. Mr. Speaker, I yield back the balance of my
time.
Mr. HUTCHINSON. Mr. Speaker, let me acknowledge the leadership of the
gentlewoman from Washington on this issue.
Mr. RILEY. Mr. Speaker, I rise today in support of H.R. 3494, the
Child Protection and Sexual Predator Punishment Act of 1998. I would
also like to commend the gentleman from Florida for introducing this
important legislation and agreeing to include my legislation, H.R.
3185, the Abolishing Child Pornography Act, as a portion of this bill.
In my view, this bill will go a long way to protect our children from
those who choose to stalk them as their prey.
No longer will it be legal for anyone to use the Internet to contact
a child for sexual purposes.
No longer will prisoners in our jails be allowed unrestricted and
unsupervised access to the Internet so they can continue to victimize
our children.
No longer will anyone be allowed to possess any amount of child
pornography for any reason.
And, no longer will it be difficult to prosecute these crimes nor
will the penalties be light.
Mr. Speaker, this bill sends a very clear and very strong message to
these sexual predators: Whether it is over the Internet or on the
playground, stay away from our children or pay the price.
I urge my colleagues in the House to vote in favor of H.R. 3494--our
children deserve nothing less.
Mr. GILMAN. Mr. Speaker, I rise today in support of H.R. 3494, the
Protection of Children From Sexual Predators Act of 1998, as introduced
by Representative McCollum.
This bill amends the Federal Criminal Code to prohibit and penalize
any individual using the mail or Internet to transmit the name, phone
number, address, or electronic mail address of a person under the age
of 16, with the intent of enticing, offering, soliciting or encouraging
illegal sexual activity.
The Internet, although a remarkable source of information and
knowledge, makes it all too easy for pedophiles to illegally contact
our children and engage in inappropriate communication and contact with
them.
H.R. 3494 provides prosecution for those individuals producing child
pornography if the visual portrayal was produced with materials mailed,
shipped or transported by interstate or foreign commerce--including via
the Internet. This bill also prohibits using the mail or Internet to
knowingly transfer obscene matter to another individual known to be
under the age of 16.
The Protection of Children From Predators Act recognizes the
extremely serious nature of child pornography and abuse, and imposes
harsh penalties on pedophiles. Some of the provisions of this bill
would double the maximum term of imprisonment for abusive sexual
contact with children under age 12. Additionally, H.R. 3494 provides
pre-trial detention of those who commit specified Federal sex offenses
involving transportation of a minor for

[[Page H10575]]

illegal sexual activity. It also sets fines for initial and subsequent
failures by computer service providers to report violations of
specified offenses involving child pornography.
Children should not be cheated of the benefits of learning that the
Internet offers them, because of the existence of pedophiles on the
Internet. Parents and teachers should not be fearful that when a child
logs on to his or her computer, that they will be the victim of a child
predator.
H.R. 3494 is a strong step towards fighting child pornography and
abuse, and institutes much-needed precautions and penalties to ensure
the safety of our children. I know that my colleagues will join me in
supporting this worthwhile legislation.
Mrs. HUTCHINSON. Mr. Speaker, I have no further requests for time,
and I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Bass). The question is on the motion
offered by the gentleman from Arkansas (Mr. Hutchinson) that the House
suspend the rules and concur in the Senate amendments to the bill, H.R.
3494.
The question was taken.
Mr. HASTINGS of Florida. Mr. Speaker, I object to the vote on the
ground that a quorum is not present and make the point of order that a
quorum is not present.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.

____________________