[Congressional Record Volume 144, Number 151 (Wednesday, October 21, 1998)]
[Senate]
[Pages S12871-S12875]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DODD:
  S. 2648. A bill to protect children with respect to the Internet, to 
increase the criminal and civil penalties associated with certain 
crimes relating to children, and for other purposes; to the Committee 
on the Judiciary.


          keeping the internet decent and safe (k.i.d.s.) act

 Mr. DODD. Mr. President, today, I introduce the Keeping the 
Internet Decent and Safe (K.I.D.S.) Act. This legislation would give 
parents and educators tools to protect our children while they use the 
Internet. Moreover, this bill would give law enforcement officials the 
ability to make the Internet a safer environment for everyone.
  Unfortunately, while innocently ``surfing'' the web, many of our 
children are accidentally encountering graphic and sexually explicit 
images. They type in search terms as innocuous as ``toys''--only to 
find inappropriate images on their display terminal. According to Wired 
magazine, there are currently some 28,000 web sites containing hard- 
and soft-core pornography on the Internet. And that number is growing 
at an alarming rate. It is estimated that more than 30 pornographic 
sites are added to the Internet each day.
  In addition, the Internet now provides the ``strangers'' we have 
always warned our children about with almost unlimited access to our 
children. Historically, sexual predators have sought children wherever 
they gather--in school yards, playgrounds and malls. Today, children 
hang out in cyberspace. This provides the sexual predator with an 
almost limitless number of opportunities to exploit children because 
they can prowl from family room to classroom to bedroom with virtual 
anonymity. Clearly, this is a problem that is only going to grow worse 
unless we work aggressively to ensure that the Internet is a safe 
environment.
  The bill I am introducing today would build upon provisions authored 
by Senator Coats and myself which were adopted as part of S. 442, the 
Internet Tax Freedom Act. The provisions are designed to provide some 
safety for young people who are being exposed today to the alarming 
amount of pornography on the Internet. Specifically, my amendment will 
require that Internet access providers make screening software 
available--either for a fee or no charge--to customers purchasing 
Internet access services, and Senator Coats' amendment establishes 
specific measures that commercial operators of sexually explicit sites 
must take to restrict access to children under the age of 17.
  I am pleased that these provisions of the Internet Tax Freedom Act 
were passed yesterday and today by both houses of Congress as part of 
the Omnibus Consolidated and Emergency Supplemental Appropriations Act 
of 1999, and look forward to the President signing them into law. Yet, 
it is clear that our work is not done.
  I was very disturbed by a recent article in the The Washington Post 
which stated that law enforcement officials in the United States and 
abroad had uncovered an international child pornography ring in which 
hundreds of people were using the Internet to trade thousands of 
sexually explicit images of children. More than 200 ring members were 
arrested in the United States and 13 other countries. The U.S. Customs 
Service seized computers from American suspects in 22 states, including 
Connecticut.
  That is why today I introduce the Keeping the Internet Decent and 
Safe (K.I.D.S.) Act. In this age of the Internet, our children have 
unprecedented access to educational materials via the computer. 
However, this wonderful technology has also brought with it a dark side 
for our children, and we as a nation have an obligation to ensure that 
our children are able to learn, grow, and play in an environment free 
from harm. My bill would give parents, teachers and law enforcement 
officers the tools they need to help protect and guide our children, as 
they seek knowledge and wholesome entertainment on the Internet.
  First, my bill would make it possible for law enforcement officials 
to detain

[[Page S12872]]

someone before trial who is arrested for a federal crime involving 
child exploitation. Currently, there is a rebuttable presumption that 
an individual charged with a violent crime or certain drug-related 
crimes should be detained. Pedophiles who exploit and prey upon 
children are at least as great a threat to our society as drug dealers 
and people involved with violent crimes, and federal law enforcement 
officials should be able to detain them, as well.
  Second, my bill would allow schools to make classroom computers safer 
by allowing them to use monies from such programs as Title VI and the 
Safe and Drug Free School Act to purchase screening software.
  Finally, my bill would allow materials involved with crimes involving 
the sexual victimization of children--such as computers, vehicles and 
clothing--to be permanently seized from sexual predators by law 
enforcement authorities. Currently, the government can seize such 
materials like if they belong to a convicted pornographer, but not if 
they belong from a convicted child molester. Property used in crimes 
involving the sexual exploitation of children is equally harmful and 
should also be able to be seized by the Government to help thwart 
further criminal activity involving our children.
  As we head into the 21st century, we know that an increasing number--
in fact a majority--of our children are going to use the Internet for 
both educational and social activities. This is a positive development 
that we should encourage. But with this progress comes new 
responsibilities, not only for our young people, but also for adults. 
We owe it to our children to make sure that they are safe when they go 
on-line.
  I believe that the KIDS Act will make significant strides to protect 
our children from harmful materials on the Internet and give law 
enforcement officials additional tools to clamp down on criminals who 
use the Internet to prey on our children. I urge my colleagues to 
support this effort to take reasonable steps to keep the Internet safe 
for our youngest and most vulnerable citizens. I ask unanimous consent 
that a copy of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2648

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Keeping the Internet Decent 
     and Safe Act''.

     SEC. 2. PURCHASE OF SCREENING SOFTWARE BY ELEMENTARY AND 
                   SECONDARY SCHOOLS.

       (a) In General.--Notwithstanding any other provision of 
     law, an elementary school or secondary school may use any 
     funds received under sections 3132 and 3136, and titles IV 
     and VI, of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6842, 6846, 7101 et seq., and 7301 et seq.) and 
     subtitle B of the Museum and Library Services Act (20 U.S.C. 
     9101 et seq.) to purchase screening software.
       (b) Definitions.--In this section:
       (1) Elementary school; secondary school.--The terms 
     ``elementary school'' and ``secondary school'' have the 
     meanings given the terms in section 14101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 8801).
       (2) Screening software.--The term ``screening software'' 
     means software that is designed to permit a person to limit 
     access to material on the Internet that is harmful to minors.

     SEC. 3. ENHANCED CRIMINAL PENALTIES FOR CERTAIN SEXUAL 
                   EXPLOITATION OF CHILDREN.

       (a) Forfeiture.--
       (1) Offenses relating to child pornography.--
       (A) Criminal forfeiture.--Section 2253(a) of title 18, 
     United States Code, is amended--
       (i) in the matter preceding paragraph (1), by inserting ``, 
     or an offense under section 2252A of this chapter involving 
     child pornography,'' after ``of this chapter''; and
       (ii) in paragraph (1)--

       (I) by inserting ``any child pornography covered by section 
     2252A of this chapter,'' after ``of this chapter''; and
       (II) by inserting ``or child pornography, as the case may 
     be'' after ``such visual depiction''.

       (B) Civil forfeiture.--Section 2254(a) of such title is 
     amended--
       (i) in paragraph (1)--

       (I) by inserting ``any child pornography covered by section 
     2252A of this chapter,'' after ``of this chapter''; and
       (II) by inserting ``or child pornography, as the case may 
     be'' after ``such visual depiction''; and

       (ii) in paragraphs (2) and (3), by inserting ``, or an 
     offense under section 2252A of this chapter involving child 
     pornography,'' after ``of this chapter'' each place it 
     appears.
       (2) Offenses relating to coercion and enticement and 
     transportation of minors for sexual purposes.--
       (A) In general.--Chapter 117 of such title is amended by 
     adding at the end the following new sections:

     ``Sec. 2425. Criminal forfeiture

       ``(a) Property Subject to Criminal Forfeiture.--A person 
     who is convicted of an offense under section 2422(b) or 
     section 2423 shall forfeit to the United States such person's 
     interest in--
       ``(1) any property, real or personal, constituting or 
     traceable to gross profits or other proceeds obtained from 
     such offense; and
       ``(2) any property, real or personal, used or intended to 
     be used to commit or to promote the commission of such 
     offense.
       ``(b) Third Party Transfers.--(1) All right, title, and 
     interest in property described in subsection (a) vests in the 
     United States upon the commission of the act giving rise to 
     forfeiture under this section.
       ``(2) Any such property that is subsequently transferred to 
     a person other than the defendant may be the subject of a 
     special verdict of forfeiture and thereafter shall be ordered 
     forfeited to the United States unless the transferee 
     establishes in a hearing pursuant to subsection (m) that he 
     is a bona fide purchaser for value of such property who at 
     the time of purchase was reasonably without cause to believe 
     that the property was subject to forfeiture under this 
     section.
       ``(c) Protective Orders.--(1) Upon application of the 
     United States, the court may enter a restraining order or 
     injunction, require the execution of a satisfactory 
     performance bond, or take any other action to preserve the 
     availability of property described in subsection (a) for 
     forfeiture under this section--
       ``(A) upon the filing of an indictment or information 
     charging a violation of section 2422(b) or 2423 for which 
     criminal forfeiture may be ordered under this section and 
     alleging that the property with respect to which the order is 
     sought would, in the event of conviction, be subject to 
     forfeiture under this section; or
       ``(B) prior to the filing of such an indictment or 
     information, if, after notice to persons appearing to have an 
     interest in the property and opportunity for a hearing, the 
     court determines that--
       ``(i) there is a substantial probability that--
       ``(I) the United States will prevail on the issue of 
     forfeiture; and
       ``(II) failure to enter the order will result in the 
     property being destroyed, removed from the jurisdiction of 
     the court, or otherwise made unavailable for forfeiture; and
       ``(ii) the need to preserve the availability of the 
     property through the entry of the requested order outweighs 
     the hardship on any party against whom the order is to be 
     entered.
       ``(2) An order entered pursuant to paragraph (1)(B) shall 
     be effective for not more than 90 days unless extended by the 
     court for good cause shown or unless an indictment or 
     information described in paragraph (1)(A) has been filed.
       ``(3)(A) A restraining order under this subsection may be 
     entered upon application of the United States without notice 
     or opportunity for a hearing when an information or 
     indictment has not yet been filed with respect to the 
     property if the United States demonstrates that there is 
     probable cause to believe that--
       ``(i) the property with respect to which the order is 
     sought would, in the event of conviction, be subject to 
     forfeiture under this section; and
       ``(ii) the provision of notice will jeopardize the 
     availability of the property for forfeiture.
       ``(B) A restraining order under this paragraph shall expire 
     not more than 10 days after the date on which it is entered 
     unless extended for good cause shown or unless the party 
     against whom it is entered consents to an extension for a 
     longer period. A hearing requested concerning an order 
     entered under this paragraph shall be held at the earliest 
     possible time and prior to the expiration of the order.
       ``(4) The court may receive and consider, at a hearing held 
     pursuant to this subsection, evidence and information that 
     would be inadmissible under the Federal Rules of Evidence.
       ``(d) Warrant of Seizure.--(1) The Government may request 
     the issuance of a warrant authorizing the seizure of property 
     subject to forfeiture under this section in the same manner 
     as provided for a search warrant.
       ``(2) If the court determines that there is probable cause 
     to believe that the property to be seized would, in the event 
     of conviction, be subject to forfeiture and that an order 
     under subsection (c) may not be sufficient to assure the 
     availability of the property for forfeiture, the court shall 
     issue a warrant authorizing the seizure of such property.
       ``(e) Order of Forfeiture.--The court shall order 
     forfeiture of property referred to in subsection (a) if the 
     trier of fact determines, beyond a reasonable doubt, that 
     such property is subject to forfeiture.
       ``(f) Execution.--(1) Upon entry of an order of forfeiture 
     under this section, the court shall authorize the Attorney 
     General to seize all property ordered forfeited upon such

[[Page S12873]]

     terms and conditions as the court considers proper.
       ``(2) Following entry of an order declaring the property 
     forfeited, the court may, upon application of the United 
     States, enter such appropriate restraining orders or 
     injunctions, require the execution of satisfactory 
     performance bonds, appoint receivers, conservators, 
     appraisers, accountants, or trustees, or take any other 
     action to protect the interest of the United States in the 
     property ordered forfeited.
       ``(3) Any income accruing to or derived from property 
     ordered forfeited under this section may be used to offset 
     ordinary and necessary expenses to the property which are 
     required by law, or which are necessary to protect the 
     interests of the United States or third parties.
       ``(g) Disposition of Property.--(1) Following the seizure 
     of property ordered forfeited under this section, the 
     Attorney General shall retain such property for official use 
     or direct the disposition of such property described by sale 
     or any other commercially feasible means, making due 
     provision for the rights of any innocent persons. Any 
     property right or interest not exercisable by, or 
     transferable for value to, the United States shall expire and 
     shall not revert to the defendant, nor shall the defendant or 
     any person acting in concert with him or on his behalf be 
     eligible to purchase forfeited property at any sale held by 
     the United States.
       ``(2) Upon application of a person, other than the 
     defendant or person acting in concert with him or on his 
     behalf, the court may restrain or stay the sale or 
     disposition of the property pending the conclusion of any 
     appeal of the criminal case giving rise to the forfeiture if 
     the applicant demonstrates that proceeding with the sale or 
     disposition of the property will result in irreparable 
     injury, harm, or loss to him.
       ``(h) Authority of Attorney General.--With respect to 
     property ordered forfeited under this section, the Attorney 
     General may--
       ``(1) grant petitions for mitigation or remission of 
     forfeiture, restore forfeited property to victims of a 
     violation of section 2422(b) or 2423, or take any other 
     action to protect the rights of innocent persons which is in 
     the interest of justice and which is not inconsistent with 
     the provisions of this section;
       ``(2) compromise claims arising under this section;
       ``(3) award compensation to persons providing information 
     resulting in a forfeiture under this section;
       ``(4) direct the disposition by the United States, under 
     section 616 of the Tariff Act of 1930, of all property 
     ordered forfeited under this section by public sale or any 
     other commercially feasible means, making due provision for 
     the rights of innocent persons; and
       ``(5) take appropriate measures necessary to safeguard and 
     maintain property ordered forfeited under this section 
     pending its disposition.
       ``(i) Applicability of Civil Forfeiture Provisions.--Except 
     to the extent that they are inconsistent with the provisions 
     of this section, the provisions of section 2426 shall apply 
     to a criminal forfeiture under this section.
       ``(j) Bar on Intervention.--Except as provided in 
     subsection (m), no party claiming an interest in property 
     subject to forfeiture under this section may--
       ``(1) intervene in a trial or appeal of a criminal case 
     involving the forfeiture of such property under this section; 
     or
       ``(2) commence an action at law or equity against the 
     United States concerning the validity of his alleged interest 
     in the property subsequent to the filing of an indictment or 
     information alleging that the property is subject to 
     forfeiture under this section.
       ``(k) Jurisdiction To Enter Orders.--The district courts of 
     the United States shall have jurisdiction to enter orders as 
     provided in this section without regard to the location of 
     any property which may be subject to forfeiture under this 
     section or which has been ordered forfeited under this 
     section.
       ``(l) Depositions.--In order to facilitate the 
     identification and location of property declared forfeited 
     and to facilitate the disposition of petitions for remission 
     or mitigation of forfeiture, after the entry of an order 
     declaring property forfeited to the United States, the court 
     may, upon application of the United States, order that the 
     testimony of any witness relating to the property forfeited 
     be taken by deposition and that any designated book, paper, 
     document, record, recording, or other material not privileged 
     be produced at the same time and place, in the same manner as 
     provided for the taking of depositions under rule 15 of the 
     Federal Rules of Criminal Procedure.
       ``(m) Third Party Interests.--(1) Following the entry of an 
     order of forfeiture under this section, the United States 
     shall publish notice of the order and of its intent to 
     dispose of the property in such manner as the Attorney 
     General may direct. The Government may also, to the extent 
     practicable, provide direct written notice to any person 
     known to have alleged an interest in the property that is the 
     subject of the order of forfeiture as a substitute for 
     published notice as to those persons so notified.
       ``(2) Any person, other than the defendant, asserting a 
     legal interest in property which has been ordered forfeited 
     to the United States pursuant to this section may, within 30 
     days of the final publication of notice or his receipt of 
     notice under paragraph (1), whichever is earlier, petition 
     the court for a hearing to adjudicate the validity of his 
     alleged interest in the property. The hearing shall be held 
     before the court alone, without a jury.
       ``(3) The petition shall be signed by the petitioner under 
     penalty of perjury and shall set forth the nature and extent 
     of the petitioner's right, title, or interest in the 
     property, the time and circumstances of the petitioner's 
     acquisition of the right, title, or interest in the property, 
     any additional facts supporting the petitioner's claim, and 
     the relief sought.
       ``(4) The hearing on the petition shall, to the extent 
     practicable and consistent with the interests of justice, be 
     held within 30 days of the filing of the petition. The court 
     may consolidate the hearing on the petition with a hearing on 
     any other petition filed by a person other than the defendant 
     under this subsection.
       ``(5) At the hearing, the petitioner may testify and 
     present evidence and witnesses on his own behalf, and cross-
     examine witnesses who appear at the hearing. The United 
     States may present evidence and witnesses in rebuttal and in 
     defense of its claim to the property and cross-examine 
     witnesses who appear at the hearing. In addition to testimony 
     and evidence presented at the hearing, the court shall 
     consider the relevant portions of the record of the criminal 
     case which resulted in the order of forfeiture.
       ``(6) If, after the hearing, the court determines that the 
     petitioner has established by a preponderance of the evidence 
     that--
       ``(A) the petitioner has a legal right, title, or interest 
     in the property, and such right, title, or interest renders 
     the order of forfeiture invalid in whole or in part because 
     the right, title, or interest was vested in the petitioner 
     rather than the defendant or was superior to any right, 
     title, or interest of the defendant at the time of the 
     commission of the acts which gave rise to the forfeiture of 
     the property under this section; or
       ``(B) the petitioner is a bona fide purchaser for value of 
     the right, title, or interest in the property and was at the 
     time of purchase reasonably without cause to believe that the 
     property was subject to forfeiture under this section;

     the court shall amend the order of forfeiture in accordance 
     with its determination.
       ``(7) Following the court's disposition of all petitions 
     filed under this subsection, or if no such petitions are 
     filed following the expiration of the period provided in 
     paragraph (2) for the filing of such petitions, the United 
     States shall have clear title to property that is the subject 
     of the order of forfeiture and may warrant good title to any 
     subsequent purchaser or transferee.
       ``(n) Substitute Assets.--If any of the property described 
     in subsection (a), as a result of any act or omission of the 
     defendant--
       ``(1) cannot be located upon the exercise of due diligence;
       ``(2) has been transferred or sold to, or deposited with, a 
     third party;
       ``(3) has been placed beyond the jurisdiction of the court;
       ``(4) has been substantially diminished in value; or
       ``(5) has been commingled with other property which cannot 
     be divided without difficulty;

     the court shall order the forfeiture of any other property of 
     the defendant up to the value of any property described in 
     paragraphs (1) through (5).
       ``(o) Construction.--This section shall be liberally 
     construed to effectuate its remedial purposes.

     ``Sec. 2426. Civil forfeiture

       ``(a) Property Subject to Civil Forfeiture.--The following 
     property shall be subject to forfeiture by the United States:
       ``(1) Any property, real or personal, used or intended to 
     be used to commit or to promote the commission of an offense 
     under section 2422(b) or 2423, except that no property shall 
     be forfeited under this paragraph, to the extent of the 
     interest of an owner, by reason of any act or omission 
     established by that owner to have been committed or omitted 
     without the knowledge or consent of that owner.
       ``(2) Any property, real or personal, constituting or 
     traceable to gross profits or other proceeds obtained from a 
     violation of section 2422(b) or 2423, except that no property 
     shall be forfeited under this paragraph, to the extent of the 
     interest of an owner, by reason of any act or omission 
     established by that owner to have been committed or omitted 
     without the knowledge or consent of that owner.
       ``(b) Seizure Pursuant to Supplemental Rules for Certain 
     Admiralty and Maritime Claims.--Any property subject to 
     forfeiture to the United States under this section may be 
     seized by the Attorney General, the Secretary of the 
     Treasury, or the United States Postal Service upon process 
     issued pursuant to the Supplemental Rules for Certain 
     Admiralty and Maritime Claims by any district court of the 
     United States having jurisdiction over the property, except 
     that seizure without such process may be made when the 
     seizure is pursuant to a search under a search warrant or 
     incident to an arrest. The Government may request the 
     issuance of a warrant authorizing the seizure of property 
     subject to forfeiture under this section in the same manner 
     as provided for a search warrant under the Federal Rules of 
     Criminal Procedure.
       ``(c) Custody of Federal Official.--Property taken or 
     detained under this section

[[Page S12874]]

     shall not be repleviable, but shall be deemed to be in the 
     custody of the Attorney General, Secretary of the Treasury, 
     or the United States Postal Service subject only to the 
     orders and decrees of the court or the official having 
     jurisdiction thereof. Whenever property is seized under any 
     of the provisions of this subchapter, the Attorney General, 
     Secretary of the Treasury, or the United States Postal 
     Service may--
       ``(1) place the property under seal;
       ``(2) remove the property to a place designated by the 
     official or agency; or
       ``(3) require that the General Services Administration take 
     custody of the property and remove it, if practicable, to an 
     appropriate location for disposition in accordance with law.
       ``(d) Other Laws and Proceedings Applicable.--All 
     provisions of the customs laws relating to the seizure, 
     summary and judicial forfeiture, and condemnation of property 
     for violation of the customs laws, the disposition of such 
     property or the proceeds from the sale thereof, the remission 
     or mitigation of such forfeitures, and the compromise of 
     claims, shall apply to seizures and forfeitures incurred, or 
     alleged to have been incurred, under this section, insofar as 
     applicable and not inconsistent with the provisions of this 
     section, except that such duties as are imposed upon the 
     customs officer or any other person with respect to the 
     seizure and forfeiture of property under the customs laws 
     shall be performed with respect to seizures and forfeitures 
     of property under this section by such officers, agents, or 
     other persons as may be authorized or designated for that 
     purpose by the Attorney General, the Secretary of the 
     Treasury, or the Postal Service, except to the extent that 
     such duties arise from seizures and forfeitures affected by 
     any customs officer.
       ``(e) Disposition of Forfeited Property.--(1) Whenever 
     property is forfeited under this section the Attorney General 
     may--
       ``(A) retain the property for official use or transfer the 
     custody or ownership of any forfeited property to a Federal, 
     State, or local agency under section 616 of the Tariff Act of 
     1930;
       ``(B) sell, by public sale or any other commercially 
     feasible means, any forfeited property which is not required 
     to be destroyed by law and which is not harmful to the 
     public; or
       ``(C) require that the General Services Administration take 
     custody of the property and dispose of it in accordance with 
     law.
       ``(2)(A) The Attorney General, Secretary of the Treasury, 
     or the United States Postal Service shall ensure the 
     equitable transfer pursuant to paragraph (1)(A) of any 
     forfeited property to the appropriate State or local law 
     enforcement agency so as to reflect generally the 
     contribution of any such agency participating directly in any 
     of the acts which led to the seizure or forfeiture of such 
     property. A decision by an official or agency pursuant to 
     paragraph (1)(A) shall not be subject to judicial review.
       ``(B) With respect to a forfeiture conducted by the 
     Attorney General, the Attorney General shall forward to the 
     Treasurer of the United States for deposit in accordance with 
     section 524(c) of title 28 the proceeds from any sale under 
     paragraph (1)(B) and any moneys forfeited under this section.
       ``(C) With respect to a forfeiture conducted by the Postal 
     Service, the proceeds from any sale under paragraph (1)(B) 
     and any moneys forfeited under this section shall be 
     deposited in the Postal Service Fund as required by section 
     2003(b)(7) of title 39.
       ``(f) Title to Property.--All right, title, and interest in 
     property described in subsection (a) shall vest in the United 
     States upon commission of the act giving rise to forfeiture 
     under this section.
       ``(g) Stay of Proceedings.--The filing of an indictment or 
     information alleging a violation of section 2422(b) or 2423 
     which is also related to a civil forfeiture proceeding under 
     this section shall, upon motion of the United States and for 
     good cause shown, stay the civil forfeiture proceeding.
       ``(h) Venue.--In addition to the venue provided for in 
     section 1395 of title 28 or any other provision of law, in 
     the case of property of a defendant charged with a violation 
     that is the basis for forfeiture of the property under this 
     section, a proceeding for forfeiture under this section may 
     be brought in the judicial district in which the defendant 
     owning such property is found or in the judicial district in 
     which the criminal prosecution is brought.''.
       (B) Clerical amendment.--The table of sections at the 
     beginning of chapter 117 of title 18, United States Code, is 
     amended by adding at the end the following:

``2425. Criminal forfeiture.
``2426. Civil forfeiture.''.
       (b) Release and Detention for Coercion and Enticement and 
     Transportation of Minors for Sexual Purposes.--Section 
     3156(a)(4)(C) of such title is amended by striking ``chapter 
     109A or chapter 110'' and inserting ``chapter 109A or 110 or 
     section 2422(b) or 2423''.
                                 ______
                                 
      By Mr. GRASSLEY:
  S. 2650. A bill to give gifted and talented students the opportunity 
to develop their capabilities; to the Committee on Labor and Human 
Resources.


           gifted and talented students education act of 1998

 Mr. GRASSLEY. Mr. President, I am introducing the Gifted and 
Talented Students Education Act of 1998. This legislation would provide 
block grants to the states to provide educational programs that focus 
on and are tailored to the needs of gifted and talented students.
  The needs of gifted and talented students are often misunderstood. 
Too often we believe that all we need to do for gifted and talented 
students is to put them on an accelerated course of study. However, 
that is not sufficient. Gifted and talented students think and look at 
the world in a unique way. Therefore, their educational agenda must be 
tailored to the thought processes gifted and talented students employ. 
Currently, our nation's education system does not do so. This is due in 
part, to a lack of resources available in schools across the country.
  My legislation, which has been offered in the House of 
Representatives by Congressman Elton Gallegly of California would 
provide block grants to state education agencies to identify gifted and 
talented students from all economic, ethnic and racial backgrounds--
including students of limited English proficiency and those with 
disabilities. Funding would be based on each state's student 
population, but each state would receive at least $1 million.
  This legislation would leave the decision on how best to serve these 
students to state and local officials. I have always believed that 
state and local officials, working with parents, are in a much better 
position than bureaucrats in Washington to know what their students 
need to succeed. I have also always believed that the most effective 
education spending is that which goes directly to the students. That's 
why this bill caps administrative costs at 10 percent.
  So while the funds in this measure can't be used for bureaucracy, it 
can be used for items such as professional development for teachers; 
counselors and administrators; innovation of programs and services for 
high-ability students and for developing emerging technologies such as 
distance learning and other initiatives. It is my hope this measure 
will give educators the resources and the flexibility they need to meet 
the needs of gifted and talented students.
  Mr. President, our nation's gifted and talented are among our great 
untapped resources. We must focus on the needs of these students so 
that their particular gifts can flourish and be fully realized. I am 
aware Mr. President that at this late date, this measure will not pass. 
However, I hope introduction of this bill will help shed some light on 
the needs of the gifted and talented and force a much-needed national 
conversation about the tremendous potential that we are allowing to go 
undeveloped. While this measure will obviously not receive any further 
action before the end of the 105th Congress, it is my sincere hope that 
introduction of this bill will be the beginning of a new era in 
educating the gifted and talented.
                                 ______
                                 
      By Mr. LEAHY:
  S. 2652. A bill to amend the Federal Insecticide, Fungicide, and 
Rodenticide Act to improve the safety of exported pesticides, and for 
other purposes; to the Committee on Agriculture, Nutrition, and 
Forestry.


                circle of poison prevention act of 1998

  Mr. LEAHY. Mr. President, I first introduced this legislation 
over six years ago after the General Accounting Office concluded that 
U.S. policy to ensure imported food safety is inadequate and in need of 
reform. Changes have taken place since, but our policy of allowing 
pesticides that are prohibited for use within the United States be 
exported to other countries remains.
  The United States should be proud of the strict regulations that we 
have on the production and use of pesticides. But we should be 
embarrassed that the loophole in current law allowing U.S. chemical 
companies to export dangerous pesticides--pesticides banned in the 
U.S.--has not been eliminated. This loophole must be eliminated to 
protect the American consumer and American farmer and to halt the 
immoral practice of sending dangerous pesticides overseas to be handled 
and applied by unsuspecting farmworkers.
  My ``Circle of Poison'' bill is designed to protect the public from 
pesticide residues on imported food. It is unreasonable to expect that, 
in these times

[[Page S12875]]

of tight budgets and limited resources, the Food and Drug 
Administration (FDA) will be able to monitor each shipment of imported 
food for each pesticide that a foreign farmer may use. FDA import 
inspections have declined dramatically in just the last four years, so 
that now less than two percent of FDA-regulated imported food is 
subject to any type of inspection.
  It is possible, however, to aid FDA by limiting the number of 
dangerous pesticides which U.S. chemical companies supply to foreign 
farmers. By banning the export of pesticides which EPA has not deemed 
safe, the ``circle of poison'' legislation will reduce the availability 
of some of the most hazardous pesticides. By curtailing the supply, it 
is less likely that foreign farmers will use these pesticides, and 
therefore, less likely that these pesticides will end up on food that 
Americans consume.
  In addition, this bill puts American farmers on an equal footing with 
foreign farmers. Under the bill, if a pesticide is not legal for 
American farmers to use, it will not be legal for foreign farmers to 
use on food that is exported to the U.S. A simple and reasonable 
concept, but a concept which is not yet in place in the real world.
  Finally, it is simply wrong to allow the export of illegal 
pesticides. If the Environmental Protection Agency does not allow our 
citizens and environment to be exposed to a pesticide, we should not 
subject other countries to the hazards of the pesticide. A pesticide 
that may endanger people and the environment in the U.S. does not 
diminish in toxicity simply because it has been exported.

                          ____________________