[House Report 105-557]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-557
_______________________________________________________________________


 
      CHILD PROTECTION AND SEXUAL PREDATOR PUNISHMENT ACT OF 1998

_______________________________________________________________________


  June 3, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. McCollum, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 3494]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 3494) to amend title 18, United States Code, with 
respect to violent sex crimes against children, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.

                           TABLE OF CONTENTS

                                                                   Page
The Amendment..............................................           2
Purpose and Summary........................................          10
Background and Need for the Legislation....................          11
Hearings...................................................          13
Committee Consideration....................................          14
Vote of the Committee......................................          14
Committee Oversight Findings...............................          15
Committee on Government Reform and Oversight Findings......          15
New Budget Authority and Tax Expenditures..................          15
Congressional Budget Office Cost Estimate..................          15
Constitutional Authority Statement.........................          18
Section-by-Section Analysis and Discussion.................          18
Agency Views...............................................          26
Changes in Existing Law Made by the Bill, as Reported......          34
Dissenting Views...........................................          48

    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Protection and Sexual Predator 
Punishment Act of 1998''.

    TITLE I--PROTECTING CHILDREN FROM SEXUAL PREDATORS AND COMPUTER 
                              PORNOGRAPHY

SEC. 101. CONTACTING MINORS FOR SEXUAL PURPOSES.

    Section 2422 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(c) 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--
            ``(1) knowingly contacts an individual who has not attained 
        the age of 18 years; or
            ``(2) knowingly contacts an individual, who has been 
        represented to the person making the contact as not having 
        attained the age of 18 years;
for the purposes of engaging in any sexual activity, with a person who 
has not attained the age of 18 years, for which any person may be 
criminally prosecuted, or attempts to do so, shall be fined under this 
title or imprisoned not more than 5 years, or both. It is a defense to 
a prosecution for an offense under this section that the sexual 
activity is prosecutable only because of the age of the individual 
contacted, the individual contacted had attained the age of 12 years, 
and the defendant was not more than 4 years older than the individual 
contacted.''.

SEC. 102. 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--
            ``(1) knowingly transfers obscene matter to an individual 
        who has not attained the age of 18 years, or attempts to do so; 
        or
            ``(2) knowingly transfers obscene matter to an individual 
        who has been represented to the transferor as not having 
        attained the age of 18 years;
shall be fined under this title or imprisoned not more than 5 years, or 
both.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 71 of title 18, United States Code, is amended by adding at the 
end the following new item:

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

SEC. 103. INCREASED PRISON SENTENCES FOR ENTICEMENT OF MINORS.

    Section 2422 of title 18, United States Code, is amended--
            (1) in subsection (a), by adding at the end ``If the 
        individual had not attained the age of 18 years at the time of 
        the offense, the maximum imprisonment for an offense under this 
        subsection is 10 years.''; and
            (2) in subsection (b), by striking ``10'' and inserting 
        ``15''.

SEC. 104. ADDITIONAL JURISDICTIONAL BASE FOR PROSECUTION OF PRODUCTION 
                    OF CHILD PORNOGRAPHY.

    (a) Use of a Child.--Subsection (a) of section 2251 of title 18, 
United States Code, is amended by inserting ``if such visual depiction 
was produced with materials that had been mailed, shipped, or 
transported in interstate or foreign commerce by any means, including a 
computer,'' before ``or if''.
    (b) Allowing Use of a Child.--Subsection (b) of section 2251 of 
title 18, United States Code, is amended by inserting ``, if such 
visual depiction was produced with materials that had been mailed, 
shipped, or transported in interstate or foreign commerce by any means, 
including a computer,'' before ``or if''.

SEC. 105. INCREASED PENALTIES FOR CERTAIN ACTIVITIES RELATING TO 
                    MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF 
                    MINORS OR CHILD PORNOGRAPHY AND TECHNICAL 
                    CORRECTION.

    (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 inserting ``the offense consisted 
        of the possession of 50 or more items of the sort described in 
        subsection (a)(4) or'' after ``if''.
    (b) 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''.
    (c) Increased Penalties in Section 2252A.--Section 2252A(b)(2) of 
title 18, United States Code, is amended by inserting ``the offense 
consisted of the possession of 50 or more images of the sort described 
in subsection (a)(4) or'' after ``if ''.
    (d) Technical Correction.--Section 2252(a) of title 18, United 
States Code, is amended so that paragraph (4) reads as follows:
            ``(4) either--
                    ``(A) in the special maritime and territorial 
                jurisdiction of the United States, or on any land or 
                building owned by, leased to, or otherwise used by or 
                under the control of the Government of the United 
                States, or in the Indian country (as defined in section 
                1151 of this title), knowingly possesses--
                            ``(i) 3 or more books, magazines, 
                        periodicals, computer disks, films, video 
                        tapes, or other matter that contain any visual 
                        depiction, if--
                                    ``(I) the producing of such visual 
                                depiction involves the use of a minor 
                                engaging in sexually explicit conduct; 
                                and
                                    ``(II) such visual depiction is of 
                                such conduct; or
                            ``(ii) any book, magazine, periodical, 
                        computer disk, film, videotape, computer disk, 
                        or any other material that contains 3 or more 
                        visual depictions, if--
                                    ``(I) the producing of each visual 
                                depiction involves the use of a minor 
                                engaging in sexually explicit conduct; 
                                and
                                    ``(II) each visual depiction is of 
                                such conduct; or
                    ``(B) knowingly possesses--
                            ``(i) 3 or more books, magazines, 
                        periodicals, computer disks, films, video 
                        tapes, or other matter that contain any visual 
                        depiction that has been mailed, or has been 
                        shipped or transported in interstate or foreign 
                        commerce, or which was produced using materials 
                        which have been mailed or so shipped or 
                        transported, by any means including by 
                        computer, if--
                                    ``(I) the producing of such visual 
                                depiction involves the use of a minor 
                                engaging in sexually explicit conduct; 
                                and
                                    ``(II) such visual depiction is of 
                                such conduct; or
                            ``(ii) any book, magazine, periodical, 
                        computer disk, film, videotape, computer disk, 
                        or any other material that contains 3 or more 
                        visual depictions, if--
                                    ``(I) the producing of each visual 
                                depiction involves the use of a minor 
                                engaging in sexually explicit conduct; 
                                and
                                    ``(II) each visual depiction is of 
                                such conduct;''.

SEC. 106. CRIMINAL FORFEITURE FOR SOLICITATION OF MINORS AND INTERSTATE 
                    PROSTITUTION.

    Section 2253(a) of title 18, United States Code, is amended by 
inserting ``, or who is convicted of an offense under section 2421, 
2422, or 2423 of this title,'' after ``2252 of this chapter'' in the 
matter preceding paragraph (1).

SEC. 107. PRETRIAL DETENTION OF CHILD SEX OFFENDERS.

    Subparagraph (C) of section 3156(a)(4) of title 18, United States 
Code, is amended to read as follows:
                    ``(C) any felony under chapter 109A, 110, or 117, 
                or section 2252A or 2260; and''

SEC. 108. INCREASED PRISON SENTENCES.

    Subsection (b) of section 2422 of title 18, United States Code, is 
amended by adding at the end the following: ``If in the course of 
committing the offense under this subsection, the defendant used a 
computer to transmit a communication to the minor, the minimum term of 
imprisonment for the offense under this subsection is 3 years.''.

SEC. 109. REPEAT OFFENDERS IN TRANSPORTATION OFFENSE.

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

``Sec. 2425. Repeat offenders

    ``(a) 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) As used in this section, the term `prior sex offense 
conviction' means a conviction for an offense--
            ``(1) under this chapter or chapter 109A or 110; or
            ``(2) 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 or 
        in any Territory or Possession of the United States.''.
    (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 new item:

``2425. Repeat offenders.''.

SEC. 110. DEFINITION AND ADDITION OF ATTEMPT OFFENSE.

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

``Sec. 2426. Definition for chapter

    ``For the purposes of this chapter, 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).''.
            (2) 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 new item:

``2426. Definition for chapter.''.
    (b) Attempt Offense.--Section 2422(a) of title 18, United States 
Code, is amended by inserting ``or attempts to do so,'' after 
``criminal offense,''.

SEC. 111. USE OF INTERSTATE FACILITIES TO TRANSMIT IDENTIFYING 
                    INFORMATION ABOUT A MINOR FOR CRIMINAL SEXUAL 
                    PURPOSES.

    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended by adding at the end the following:

``Sec. 2260A. 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 transmits, prints, 
publishes, or reproduces, or causes to be transmitted, printed, 
published, or reproduced, the name, address, telephone number, 
electronic mail address, or other identifying information of an 
individual who has not attained the age of 18 years for the purposes of 
facilitating, encouraging, offering, or soliciting any person to engage 
in any sexual activity for which any person may be criminally 
prosecuted, or attempts to do so, shall be fined under this title or 
imprisoned not more than 5 years, or both.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``2260A. Use of interstate facilities to transmit information about a 
minor.''.

                  TITLE II--PUNISHING SEXUAL PREDATORS

SEC. 201. SENTENCING ENHANCEMENT IN SECTION 2423 CASES.

    (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 sentencing guidelines to provide a 
sentencing enhancement for any offense listed in section 2423 of title 
18, United States Code.
    (b) Instruction to Commission.--The 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 guidelines.

SEC. 202. 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 to read as 
follows:

Sec. ``2423. Transportation of minors and assumed minors

    ``(a) Transportation With Intent To Engage in Criminal Sexual 
Activity.--A person who knowingly--
            ``(1) transports an individual who has not attained the age 
        of 18 years; or
            ``(2) transports an individual who has been represented to 
        the person doing that transportation as not having attained the 
        age of 18 years;
in interstate or foreign commerce, or in any Territory or Possession of 
the United States, with intent that the individual engage in 
prostitution, or in any sexual activity for which any person can be 
charged with a criminal offense, shall be fined under this title or 
imprisoned not more than 15 years, or both.
    ``(b) Travel With Intent To Engage in Sexual Act With a Juvenile.--
A person who travels in interstate commerce, or conspires to do so, or 
a United States citizen or an alien admitted for permanent residence in 
the United States who travels in foreign commerce, or conspires to do 
so, for the purpose of engaging in any sexual activity, with another 
person who has not attained the age of 18 years or who has been 
represented to the traveler or conspirator as not having attained the 
age of 18 years, for which any person can be charged with a criminal 
offense, shall be fined under this title, imprisoned not more than 15 
years, or both.''.

SEC. 203. 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 provides in this 
section.''.

SEC. 204. PUNISHMENT FOR REPEAT OFFENDERS.

    Section 2241 of title 18, United States Code, is amended by 
inserting after subsection (d) the following:
    ``(e) Punishment for Repeat Offenders.--(1) Whoever has twice 
previously been convicted of a serious State or Federal sex crime and 
who--
            ``(A) violates this section; or
            ``(B) in a circumstance described in paragraph (2) of this 
        subsection, engages in conduct that would have violated this 
        section if the conduct had occurred in the special maritime and 
        territorial jurisdiction of the United States;
shall be imprisoned for life.
    ``(2) The circumstance referred to in paragraph (1) of this 
subsection is that--
            ``(A) the person engaging in such conduct traveled in 
        interstate or foreign commerce or used the mail or any facility 
        or means of interstate or foreign commerce in furtherance of 
        the offense; or
            ``(B) such conduct occurs in or affects interstate or 
        foreign commerce and would have violated this section if the 
        conduct had occurred in the special maritime and territorial 
        jurisdiction of the United States.
    ``(f) Serious State or Federal Sex Crime.--For the purposes of 
subsections (e) and (f), the term serious State or Federal sex crime 
means a State or Federal offense for conduct which--
            ``(1) is an offense under this section or section 2242 of 
        this title; or
            ``(2) would have been an offense under either of such 
        sections if the offense had occurred in the special maritime or 
        territorial jurisdiction of the United States.''.

SEC. 205. 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) 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) As used in this section, the term `prior sex offense 
conviction' has the meaning given that term in section 2425.''.

SEC. 206. 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), 2243, 2251, 2252, 
2421, 2422, or 2423''.

SEC. 207. ELIMINATION OF REDUNDANCY AND AMBIGUITIES.

    (a) 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''.
    (b) 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''.
    (c) Definition of State.--Section 2246 of title 18, United States 
Code, is amended--
            (1) in paragraph (5), by striking the period and inserting 
        a semicolon; and
            (2) by adding a new paragraph as follows:
            ``(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. 208. 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.--
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 2251 shall, unless the 
sentence of death is imposed, be sentenced to imprisonment for life, if 
the victim of the offense is under 14 years of age, the victim dies as 
a result of the offense, and the defendant, in the course of the 
offense, engages in conduct described in section 3591(a)(2).''.

 TITLE III--FEDERAL INVESTIGATIONS OF SEX CRIMES AGAINST CHILDREN AND 
                             SERIAL KILLERS

SEC. 301. ADMINISTRATIVE SUBPOENAS.

    (a) In General.--Chapter 203 of title 18, United States Code, is 
amended by adding at the end the following:

``Sec. 3064. Administrative subpoenas

    ``(a) Authorization of Use.--In an investigation of an alleged 
violation of section 2241(c), 2243, 2421, 2422, or 2423 of this title 
where a victim is an individual who has not attained the age of 18 
years, the Attorney General may subpoena witnesses, compel the 
production of any records (including books, papers, documents, 
eletronic data, and other tangible things which constitute or contain 
evidence) which the Attorney General finds relevant or material to the 
investigation. The attendance of witnesses and the production of 
records may be required from any place in any State or in any territory 
or other place subject to the jurisdiction of the United States at any 
designated place of hearing, except that a witness shall not be 
required to appear at any hearing more than 500 miles distant from the 
place where the witness was served with a subpoena. Witnesses summoned 
under this section shall be paid the same fees and commissions that are 
paid witnesses in the courts of the United States.
    ``(b) Service.--A subpoena issued under this section may be served 
by any person designated in the subpoena to serve it. Service upon a 
natural person may be made by personal delivery of the subpoena to that 
person or by certified mail with return receipt requested. Service may 
be made upon a domestic or foreign corporation or upon a partnership or 
other unincorporated association which is subject to suit under a 
common name, by delivering the subpoena to an officer, to a managing or 
general agent, or any other agent authorized by appointment or by law 
to receive service of process. The affidavit of the person serving the 
subpoena entered on a true copy thereof by the person serving it shall 
be proof of service.
    ``(c) Enforcement.--In the case of contumacy by or the refusal to 
obey a subpoena issued to any person under this section, the Attorney 
General may invoke the aid of any court of the United States within the 
jurisdiction of which the investigation is carried on, or of which the 
person is an inhabitant or in which the person carries on business or 
may be found, to compel compliance with the subpoena. The court may 
issue an order requiring the subpoenaed person to appear before the 
Attorney General to produce records, if so ordered, or to give 
testimony regarding the matter under investigation. Any failure to obey 
the order of the court may be punished by the court as contempt 
thereof. All process in any such case may be served in any judicial 
district in which such person may be found.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 203 of title 18, United States Code, is amended by adding at 
the end the following new item:

``3064. Administrative subpoenas.''.

SEC. 302. KIDNAPPING.

    (a) 24-Hour Rule.--Section 1201(b) of title 18, United States Code, 
is amended by adding at the end the following: ``However, 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 twenty-four hour period has ended.''.
    (b) Jurisdictional Elements.--Section 1201(a) of title 18, United 
States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (4); and
            (2) by adding after paragraph (5) the following:
            ``(6) the mail or any facility or means of interstate or 
        foreign commerce is used in furtherance of the offense; or
            ``(7) the offense affects interstate or foreign commerce, 
        or would do so if the offense were consummated;''.
    (c) Clarification of Element of Offense.--Section 1201(a) of title 
18, United States Code, is amended by inserting ``, regardless of 
whether such person was alive when transported across a State boundary 
provided the person was alive when the transportation began'' before 
the semicolon at the end of paragraph (1);

SEC. 303. AUTHORITY TO INVESTIGATE SERIAL KILLINGS.

    (a) In General.--Chapter 33 of title 28, United States Code, is 
amended by inserting after section 537 the following:

``Sec. 540B. Investigation of serial killings

    ``(a) The Attorney General and the Federal Bureau of Investigation 
may investigate serial killings in violation of the laws of a State or 
political subdivision, when such investigation is requested by the head 
of a law enforcement agency with investigative or prosecutive 
jurisdiction over the offense.
    ``(b) For purposes of this section--
            ``(1) the term `serial killings' means a series of 3 or 
        more killings, at least one 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;
            ``(2) the term `killing' means conduct that would 
        constitute an offense under section 1111 of title 18, United 
        States Code, if Federal jurisdiction existed; and
            ``(3) 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) The table of sections at the beginning of chapter 33 of title 
28, United States Code, is amended by adding at end the following new 
item:

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

SEC. 304. MORGAN P. HARDIMAN CHILD ABDUCTION AND SERIAL MURDER 
                    INVESTIGATIVE RESOURCES CENTER.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the Attorney General shall establish 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'' (hereinafter in this section referred 
to as the ``CASMIRC'').
    (b) Purpose.--The purpose of this section is to establish a Federal 
Bureau of Investigation Child Abduction and Serial Murder Investigative 
Resources Center managed by the FBI's Critical Incident Response 
Group's National Center for the Analysis of Violent Crime (NCAVC) and 
multidisciplinary resource teams in FBI field offices 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 deems appropriate to carry out the purposes of 
the CASMIRC, including but not limited to--
            (1) identifying, developing, researching, acquiring, and 
        refining multidisciplinary information and specialities to 
        provide for the most current expertise available to advance 
        investigative knowledge and practices used in child abduction, 
        mysterious disappearance of children, child homicide, and 
        serial murder investigations;
            (2) providing advice and coordinating the application of 
        current and emerging technical, forensic, and other Federal 
        assistance to Federal, State, and local authorities in child 
        abduction, mysterious disappearances of children, child 
        homicide, and serial murder investigations;
            (3) providing investigative support, research findings, and 
        violent crime analysis to Federal, State, and local authorities 
        in child abduction, mysterious disappearances of children, 
        child homicide, and serial murder investigations;
            (4) providing, if requested by a Federal, State, or local 
        law enforcement agency, on site consultation and advice in 
        child abduction, mysterious disappearances of children, child 
        homicide and serial murder investigations;
            (5) coordinating the application of resources of pertinent 
        Federal law enforcement agencies, and other Federal entities 
        including, but not limited to, the United States Customs 
        Service, the Secret Service, the Postal Inspection Service, and 
        the United States Marshals Service, as appropriate, and with 
        the concurrence of the agency head to support Federal, State, 
        and local law enforcement involved in child abduction, 
        mysterious disappearance of a child, child homicide, and serial 
        murder investigations;
            (6) conducting ongoing research related to child 
        abductions, mysterious disappearances of children, child 
        homicides, and serial murder, including identification and 
        investigative application of current and emerging technologies, 
        identification of investigative searching technologies and 
        methods for physically locating abducted children, 
        investigative use of offender behavioral assessment and 
        analysis concepts, gathering statistics and information 
        necessary for case identification, trend analysis, and case 
        linkages to advance the investigative effectiveness of 
        outstanding abducted children cases, develop investigative 
        systems to identify and track serious serial offenders that 
        repeatedly victimize children for comparison to unsolved cases, 
        and other investigative research pertinent to child abduction, 
        mysterious disappearance of a child, child homicide, and serial 
        murder covered in this section;
            (7) working under the Federal Bureau of Investigation's 
        NCAVC in coordination with the National Center For Missing and 
        Exploited Children (NCMEC) and the Office of Juvenile Justice 
        and Delinquency Prevention (OJJDP) 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 FBI 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 where 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 NCMEC, 
        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 NCMEC and 
        OJJDP 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 provide a report to Congress that 
describes the goals and activities of the CASMIRC. The report shall 
also contain information regarding the number and qualifications of the 
members appointed to the CASMIRC, provision for equipment, 
administrative support, and office space for the CASMIRC, and projected 
resource needs for the CASMIRC.
    (f) Authorization of Appropriation.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 1999 and each of the two succeeding fiscal years.
    (g) Conforming Repeal.--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 IV--RESTRICTED ACCESS TO INTERACTIVE COMPUTER SERVICE

SEC. 401. 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 interactive computer service 
without the supervision of an official of the Government.

SEC. 402. 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.--Congress strongly urges State Governors, 
State legislators, and State prison administrators to prohibit 
unsupervised access to the Internet by State prisoners.

SEC. 403. SURVEY.

    (a) Survey.--Not later than 6 months after the date of the 
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) Definition.--For the purposes of this section, the term 
``State'' means each of the 50 States and the District of Columbia.

                          Purpose and Summary

    H.R. 3494, the ``Child Protection and Sexual Predator 
Punishment Act of 1998,'' 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 pace. As we usher in the computer age, law 
enforcement will be confronted with even newer challenges. The 
``Child Protection and Sexual Predator Punishment Act'' seeks 
to address those 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.
Protecting Children from Sexual Predators and Child Pornography
    H.R. 3494 targets pedophiles who stalk children on the 
Internet. It prohibits contacting a minor over the Internet for 
the purposes of engaging in illegal sexual activity and 
prohibits knowingly transferring obscene materials to a minor 
over the Internet. H.R. 3494 also prohibits the use of 
interstate facilities to transmit identifying information about 
a minor for criminal sexual purposes. The 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. Moreover, the bill establishes a minimum sentence 
of 3 years for using a computer to coerce or entice a minor to 
engage in illegal sexual activity.
    H.R. 3494 cracks down on pedophiles who use and distribute 
child pornography to lure children into sexual encounters. The 
bill increases penalties for distributing child pornography 
after a previous conviction for an offense involving the 
transportation of another person for sexual activity and 
increases penalties for possessing 50 or more images of or 
items containing child pornography. The bill broadens the scope 
of current law relating to the coercion of a minor to travel in 
interstate commerce to engage in sexual activity to include the 
``production of child pornography.'' The same expansion applies 
to the offense of travel in interstate commerce for such 
purposes. In addition, the bill allows for the prosecution of 
production of pornography cases where materials used to make 
child pornography were transported through interstate commerce, 
and it permits the forfeiture of assets utilized to distribute 
or possess ``morphed'' child pornography.
    H.R. 3494 also authorizes pretrial detention of federal 
child sex offenders and allows for criminal forfeiture for 
certain federal sex offenses, including the: (1) transportation 
of a minor for illegal sexual activity; (2) coercion or 
enticement of a minor to engage in criminal sexual activity; 
and (3) transportation in interstate commerce with intent to 
engage in criminal sexual activity with a minor, (4) 
transmitting child pornography in interstate commerce, and (5) 
production of child pornography. H.R. 3494 also doubles the 
maximum prison sentence for repeat sex offenders who commit the 
federal crime involving the transportation of another person 
for sexual activity.
Punishing Sexual Predators
    H.R. 3494 mandates life in prison for serial rapists--those 
who commit federal sexual assaults and have been convicted 
twice previously of serious state or federal sex crimes. The 
bill 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: (1) transporting a 
minor across state lines for the purposes of engaging in 
certain sexual abuse offenses; and (2) traveling in interstate 
commerce with the intent to engage in sexual activities with a 
minor. H.R. 3494 also 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. The bill also authorizes the pursuit of a civil 
remedy for personal injuries resulting from certain sex crimes 
against children.
Federal Investigations of Sex Crimes Against Children
    H.R. 3494 gives law enforcement the tools it needs to track 
down pedophiles, kidnappers, and serial killers. Importantly, 
the bill allows for administrative subpoenas in certain child 
exploitation investigations and provides for the immediate 
commencement of federal investigations in kidnapping cases. 
H.R. 3494 authorizes federal jurisdiction in kidnapping cases 
if: (1) any facility or means of interstate or foreign commerce 
was used in furtherance of the offense, or (2) the kidnapping 
offense affects interstate or foreign commerce. The bill 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. H.R. 
3494 also restructures the currently existing Morgan P. 
Hardiman Missing and Exploited Children's Task Force into a 
resource center to improve its effectiveness in kidnapping and 
serial murder investigations. Finally, the bill prohibits 
unsupervised access to the Internet by federal prisoners; 
expresses a sense of Congress that state governors, state 
legislators, and state prison officials should also prohibit 
unsupervised access to the Internet by state prisoners; and 
requires the Attorney General to report to Congress on the 
extent to which states currently allow prisoner access to the 
Internet.

                Background and Need For the Legislation

    With the advent of ever-growing computer technology, law 
enforcement officials are discovering that criminals roam the 
Internet just as they roam the streets. While parents strive to 
warn their children about the dangers outside of the home, they 
are often unaware of the dangers within--on the World Wide Web. 
``Cyber-predators'' often ``cruise'' the Internet in search of 
lonely, rebellious or trusting young people. The anonymous 
nature of the on-line relationship allows users to misrepresent 
their age, gender, or interests. Perfect strangers can reach 
into the home and befriend a child.
    Recent, highly publicized news accounts in which pedophiles 
have used the Internet to seduce or persuade children to meet 
them to engage in sexual activities have sparked vigorous 
debate about the wonders and perils of the information 
superhighway. Youths who have agreed to such meetings have been 
kidnapped, photographed for child pornography, raped, beaten, 
robbed, and worse.
    During the 104th and 105th Congresses, the Subcommittee on 
Crime held seven hearings on issues related to crimes against 
children. At those hearings, the Subcommittee heard testimony 
from victim parents, child safety advocacy groups, and federal, 
state and local law enforcement about the nature, threat and 
best ways to stop pedophiles who prey on innocent children. 
Parents urged Congress to provide faster, more efficient 
federal assistance in kidnapping and serial murder 
investigations. When an abducted child is not found in the 
first 24 hours, it becomes far more difficult to find the child 
at all. While the FBI may initiate an investigation under 
current law as soon as it is notified about a child abduction, 
local law enforcement officials are often hesitant to provide 
such notification because of confusion over the ``24-hour 
rule.'' The rule establishes a presumption of federal 
jurisdiction if a person has been missing for more than 24 
hours.
    At the Subcommittee hearings, federal law enforcement also 
testified about the nature of child sex offenders, how they 
seek out relationships with children and how the recidivism 
rates for such offenders are 10 times higher than other types 
of criminal offenders. Nearly two-thirds of prisoners serving 
time for rape and sexual assault victimized children. Almost 
one-third of these victims were less than 11-years-old. Law 
enforcement urged Congress to provide them with the tools 
necessary to investigate and bring to justice those individuals 
who prey on our nation's children.
    H.R. 3494, the ``Child Protection and Sexual Predator 
Punishment Act of 1998,'' is a response to requests of victim 
parents and law enforcement to address public safety issues 
involving the most vulnerable members of our society, our 
children. H.R. 3494 is the most comprehensive package of new 
crimes and increased penalties ever developed in response to 
crimes against children, particularly assaults facilitated by 
computers. The bill attacks pedophiles who stalk children on 
the Internet. It prohibits contacting a minor over the Internet 
for the purposes of engaging in illegal sexual activity and 
punishes those who knowingly send obscenity to children. In 
addition to Internet-related crimes, this bill also includes 
other very important provisions, such as cracking down on 
serial rapists and authorizing pretrial detention for federal 
sex offenders. Those who commit these heinous crimes must be 
sent a message that they will be punished swiftly and severely. 
H.R. 3494 intends to do just that.

                                Hearings

    The Committee's Subcommittee on Crime held 2 days of 
hearings on H.R. 3494 on November 7, 1997, and April 30, 1998. 
At the November 7, 1997, hearing, witnesses invited by the 
Subcommittee were members of law enforcement who had worked 
cases involving Internet crimes against children on a day-to-
day basis, or they were individuals who had worked with 
children and families to promote on-line safety on the 
Internet. They included: Mr. Steven Wiley, Section Chief, 
Violent Crimes Unit, Federal Bureau of Investigation; Ms. Carol 
Ellison, senior editor, HomePC Magazine; Mr. D. Douglas Rehman, 
Special Agent, Florida Department of Law Enforcement; Ms. Cathy 
Cleaver, Legal Counsel, Family Research Council; and Mr. Paul 
Reid, Detective, Arlington County Police Department.
    Witnesses for the April 30, 1998, hearing included Mrs. 
Deborah Neimann-Boehle, the mother of a young girl who was 
harassed by pedophiles who got her name over the Internet, 
Chicago, Illinois; the Honorable Jerry Weller, 11th District, 
Illinois; the Honorable Bob Franks, 7th District, New Jersey; 
the Honorable Gil Gutknecht, 1st District, Minnesota; the 
Honorable Debra Pryce, 15th District, Ohio; the Honorable Nick 
Lampson, 9th District, Texas; the Honorable Bob Riley, 3rd 
District, Alabama. Mr. Kevin DiGregory, Deputy Assistant 
Attorney General of the Criminal Division at the U.S. 
Department of Justice testified on a second panel.
    In the 104th and 105th Congresses, the Subcommittee on 
Crime held a total of seven hearings on the topic of crimes 
against children. On September 14th, 1995, the Subcommittee 
held a hearing regarding child abduction and serial killing and 
how federal agencies respond to these crimes. The Subcommittee 
heard testimony from Mr. Ernie E. Allen, President of the 
National Center for Missing and Exploited Children; Mr. William 
Hagmaier, III, Supervisory Special Agent and Unit Chief with 
the Child Abduction and Serial Killer Unit of the FBI; Mr, 
Kenneth V. Lanning, Supervisory Agent of the Behavioral Science 
Unit of the FBI; Mr. Robin L. Montgomery, Special Agent in 
Charge of the Critical Incident Response Group of the FBI; 
Captain Patrick Parks of the Petaluma, California Police 
Department; Mr. John Walsh, host of ``America's Most Wanted;'' 
and Mrs. Patty Wetterling, co-founder of the Jacob Wetterling 
Foundation.
    On March 7, 1996, the Subcommittee held a hearing on sex 
offender community notification and on the bill H.R. 2137, 
``Megan's Law,'' a bill which became law and now requires 
notification of residents when convicted sex offenders move 
into a neighborhood. Witnesses for the hearing included 
Congressman Dick Zimmer of New Jersey. Written testimony was 
submitted by Ms. Maureen Kanka, co-founder of the Megan Nicole 
National Center for Missing and Exploited Children. On that 
same date, the Subcommittee also discussed H.R. 2974, the 
``Crimes Against Children and Elderly Increased Punishment 
Act.'' Congressman Dick Chrysler of Michigan testified on 
behalf of the bill.
    On June 19, 1996, the Subcommittee held a hearing on 
federal record-keeping and sex offenders. Testimony was heard 
from Mr. Richard Hagerman and Ms. Donna Whitsom, parents of 
Amber Hagerman; Congressman Martin Frost of Texas; Congressman 
Gil Gutknecht of Minnesota; Congressman Dick Zimmer of New 
Jersey; Mr. Harlin R. McEwen, Deputy Assistant Director of the 
Criminal Justice Information Services of the FBI; and Mr. Ernie 
Allen, President of the National Center for Missing and 
Exploited Children.
    On September 12, 1996, the Subcommittee held a hearing on 
H.R. 3508, the ``Children's Privacy and Parental Empowerment 
Act.'' Witnesses included Congressman Bob Franks of New Jersey; 
Ms. Mariam Bell, Executive Vice President of Enough is Enough; 
Mr. Marc Klaas of the Klaas Foundation for Children and Kids 
Off Lists; Mr. Marc Rotenberg, Director of the Electronic 
Privacy Information Center; Sergeant R.P. ``Toby'' Tyler, 
Supervisor of the Crimes Against Children Detail with the San 
Bernardino Sheriff's Department; Mr. Fred Seigel, Executive 
Director of Enrollment Services at the George Washington 
University; Mr. Richard Barton, Senior Vice President of 
Congressional Affairs for Direct Marketing Association, Inc.; 
Mr. Martin Lerner, President of American Student Lists Company, 
Inc.; and Mr. Dante Cirilli, President of Grolier Enterprises, 
Inc.

                        Committee Consideration

    On May 6, 1998, the Committee met in open session and 
ordered reported favorably the bill H.R. 3494 with an amendment 
by voice vote, a quorum being present.

                         Vote of the Committee

    Mr. Chabot offered an amendment which prohibits 
unsupervised access to the Internet by federal prisoners, and 
expresses a Sense of Congress that state governors, state 
legislators, and state prison officials should also prohibit 
unsupervised access to the Internet by state prisoners. The 
amendment also requires the Attorney General to submit to 
Congress a report of the findings of a survey of the states to 
determine the extent to which prisoners currently have 
unsupervised access to the Internet. The Chabot amendment 
passed by voice vote.

                          ROLLCALL VOTE NO. 1

    Mr. Frank offered an amendment to the Chabot amendment 
which would strike the provisions requiring the Attorney 
General to submit to Congress a report of the findings of a 
survey of the states to determine the extent to which prisoners 
currently have unsupervised access to the Internet. The Frank 
amendment was defeated by a vote of 7-17.

        AYES                          NAYES
Mr. Pease                           Mr. McCollum
Mr. Rogan                           Mr. Gekas
Mr. Conyers                         Mr. Smith (TX)
Mr. Frank                           Mr. Gallegly
Mr. Scott                           Mr. Canady
Mr. Watt                            Mr. Inglis
Mr. Delahunt                        Mr. Goodlatte
                                    Mr. Buyer
                                    Mr. Bryant
                                    Mr. Chabot
                                    Mr. Jenkins
                                    Mr. Hutchinson
                                    Ms. Lofgren
                                    Ms. Jackson Lee
                                    Mr. Wexler
                                    Mr. Rothman
                                    Mr. Hyde, Chairman

    Mr. McCollum offered an amendment which incorporated 
recommendations from the Department of Justice, language from 
two bills related to crimes against children, and language 
suggested by the minority to clarify that certain provisions 
did not apply to certain cases involving teenaged, consensual 
sexual activity. The amendment was adopted by voice vote.

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House Rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(3)(C) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to the bill, H.R. 3494, the following 
estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 18, 1998.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3494, the Child 
Protection and Sexual Predator Punishment Act of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Susanne S. 
Mehlman (for federal costs), who can be reached at 226-2860, 
and Leo Lex (for the state and local impact), who can be 
reached at 225-3220.
            Sincerely,

                                           June E. O'Neill, Director.  
    Enclosure.

    cc: Hon. John Conyers, Jr.,
         Ranking Minority Member.
H.R. 3494--Child Protection and Sexual Predator Punishment Act of 1998
            Summary
    H.R. 3494 would establish new crimes related to sexual 
offenses against children and increase fines and maximum 
sentences for some existing crimes involving the abduction and 
sexual abuse of children. This bill also would expand the 
government's forfeiture authority to certain sexual offenses. 
In addition, H.R. 3494 would restructure the existing Morgan P. 
Hardiman Missing and Exploited Children's Task Force into a 
resource center within the Federal Bureau of Investigation 
(FBI) to more effectively address cases of child abduction and 
serial murders.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing the bill would result in additional 
costs of about $32 million over the next five years to 
accommodate more prisoners in federal prisons and to operate 
the proposed FBI resource center. Because enactment of H.R. 
3494 could affect direct spending and receipts as a result of 
additional fines and forfeiture receipts, pay-as-you-go 
procedures would apply to the bill. However, CBO estimates that 
any impact on direct spending and receipts would not be 
significant.
    H.R. 3494 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
(UMRA) and it would impose no costs on the budgets of state, 
local, and tribal governments. By providing federal training 
opportunities and investigative support, the bill may augment 
state and local investigations of child abduction and sexual 
abuse.
            Estimated Cost to the Federal Government
    Assuming the appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 3494 would increase spending 
for prison operating costs by about $6 million over the 1999-
2003 period, and would increase spending for FBI operating 
costs by about $26 million over the same period. The estimated 
budgetary impact of H.R. 3494 is shown in the following table. 
The costs of this legislation fall within budget function 750 
(administration of justice).

                                                                                                                
                                    [By Fiscal Year, In Millions Of Dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                              1998     1999     2000     2001     2002     2003 
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION                                       
Spending Under Current Law for                                                                                  
FBI and Prison Operations                                                                                       
  Estimated Authorization Level a.........................    5,537    5,777    5,998    6,218    6,416    6,682
  Estimated Outlays.......................................    5,116    5,624    5,934    6,156    6,528    6,617
Proposed Changes                                                                                                
    FBI Operating Costs                                                                                         
    Estimated Authorization Level.........................        0        5        5        5        5        6
    Estimated Outlays.....................................        0        4        5        5        5        6
    Prison Operating Costs                                                                                      
    Estimated Authorization Level.........................        0        0        1        1        2        2
    Estimated Outlays.....................................        0        0        1        1        2        2
Total Spending Under H.R. 3494                                                                                  
for FBI and Prison Operations                                                                                   
  Estimated Authorization Level...........................    5,537    5,782    6,004    6,224    6,423    6,690
  Estimated Outlays.......................................    5,116    5,628    5,940    6,162    6,535    6,625
                                     CHANGES IN REVENUES AND DIRECT SPENDING                                    
Additional Fines and Forfeiture Receipts                                                                        
  Estimated Revenues......................................        0        b        b        b        b        b
Spending from Crime Victims Fund                                                                                
  Estimated Budget Authority..............................        0        b        b        b        b        b
  Estimated Outlays.......................................        0        b        b        b        b       b 
----------------------------------------------------------------------------------------------------------------
a The 1998 level is the amount appropriated for that year. The estimated authorization levels for 1999 through  
  2003 reflect CBO baseline estimates, assuming adjustment for inflation.                                       
b  Less than $500,000.                                                                                          

            Basis of Estimate
    For purposes of this estimate, CBO assumes that H.R. 3494 
will be enacted by October 1, 1998, and that the estimated 
authorization amounts will be appropriated for each fiscal 
year.

                   Spending Subject to Appropriation

    Based on information from the FBI, CBO expects that the FBI 
would require about $5 million in appropriated funds in 1999 
and a total of $26 million over the next five years to meet the 
increased responsibilities specified under the bill. Currently, 
the FBI manages a nationwide task force to address child 
abductions. This additional funding would be required to 
establish and operate a centralized resource center at the 
FBI's training facility in Quantico, Virginia, that would 
assist federal, state, and local law enforcement authorities in 
their investigation of various crimes involving children. The 
funding would cover the costs of salaries and benefits for 
additional agents and support personnel, data base support, and 
resources required for training assistance for state and local 
law enforcement authorities.
    According to the U.S. Sentencing Commission, about 150 
prisoners each year would be affected by the bill's provisions, 
with the majority of those prisoners likely to serve--on 
average--an additional year in prison under H.R. 3494. At an 
annual cost per prisoner of about $9,000 (at 1998 prices), CBO 
estimates that the cost to support these additional prisoners 
would total about $6 million over the 1999-2003 period. This 
estimate assumes that no additional prisons would be 
constructed over the next five years to accommodate this 
increase in prison population.
    Because CBO expects that states will continue to prosecute 
the majority of sexual offenses, we do not expect that the 
likely increase in the number of prosecutions and convictions 
as a result of this bill would lead to any significant increase 
in the federal prison population. Any additional costs for 
prison operations would be subject to the availability of 
appropriations.

                      Revenues and Direct Spending

    Enacting H.R. 3494 could increase revenues, but CBO expects 
that the federal government would not collect a significant 
amount of additional fines from sexual predators who are 
prosecuted under federal law. Such fines are recorded in the 
budget as governmental receipts, or revenues, which are 
deposited in the Crime Victims Fund and spent in the following 
year. Because any increase in direct spending would equal the 
fines collected with a one-year lag, the additional direct 
spending also would be insignificant. CBO further estimates 
that enacting H.R. 3494 would result in little or no change in 
the amount of receipts deposited in the Assets Forfeiture Fund.
            Pay-as-You-Go Considerations
    Section 252 of the Balanced Budget and Emergency Deficit 
Control Act of 1985 sets up pay-as-you-go procedures for 
legislation affecting direct spending or receipts. Although 
enacting H.R. 3494 could affect both direct spending and 
receipts, CBO estimates that any such effects would be less 
than $500,000 a year.
            Estimated Impact on State, Local, and Tribal Governments
    H.R. 3494 contains no intergovernmental mandates as defined 
in UMRA and it would impose no costs on the budgets of state, 
local, or tribal governments. By providing federal training 
opportunities and investigative support, the bill may augment 
child abduction and sexual abuse investigations at the state 
and local level.
            Estimated Impact on the Private Sector
    H.R. 3494 would impose no private-sector mandates as 
defined in UMRA.
            Estimate Prepared By:
    Federal Costs: Susanne S. Mehlman (226-2860)
    Impact on State, Local, and Tribal Governments: Leo Lex 
(225-3220)
            Estimate Approved By:
    Robert A. Sunshine, Deputy Assistant Director for Budget 
Analysis.

                   Constitutional Authority Statement

    Pursuant to Rule XI, clause 2(l)(4) of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article I, section 8 of the Constitution.

                      Section-by-Section Analysis

    Sec. 1. Short Title. This section provides that the Act may 
be cited as the ``Child Protection and Sexual Predator 
Punishment Act of 1998.''
Title I: Protecting Children from Sexual Predators and Computer 
        Pornography
    Sec. 101. Contacting minors for sexual purposes. This 
section amends the federal criminal code by establishing a fine 
and up to 5 years in prison for anyone who, using the mail or 
any facility of interstate or foreign commerce, or within the 
special maritime and territorial jurisdiction of the United 
States knowingly contacts (or attempts to contact) an 
individual who has not attained age 18, or who has been 
represented to the person making the contact as not having 
attained age 18, for purposes of engaging in criminal sexual 
activity. Under current law, the Federal Government must prove 
that a pedophile ``persuaded, induced, enticed or coerced'' a 
child to engage in a sexual act. This standard allows the 
criminal to establish a prolonged, intimate and highly 
destructive relationship with the victim, involving explicit 
sexual language, without actually violating the law. This new 
crime, which is similar to laws being enacted at the state 
level, establishes a lower penalty for initiating a harmful 
relationship with a child for the purpose of engaging in 
illegal sexual activity. Section 101 also clarifies that this 
provision in not intended to apply to minors who engage in 
consensual sexual activity with other minors.
    Sec. 102. Transfer of obscene material to minors. This 
section amends the federal criminal code by establishing a fine 
and up to 5 years in prison for anyone who, using the mail or 
any facility of interstate or foreign commerce, or within the 
special maritime and territorial jurisdiction of the United 
States knowingly transfers obscene matter to a minor. 
Pedophiles often send child pornography and obscene materials 
to minors for the purpose of desensitizing the child to obscene 
behavior and to entice the child to believe that such sexual 
activities are ``normal.'' Law enforcement officials have 
testified before the Subcommittee on Crime that the sending of 
child pornography and obscene materials is often the modus 
operandi of many pedophiles who cruise the Internet seeking to 
build relationships with minors to victimize them. While the 
sending of obscene material is currently an offense punishable 
by fine or up to 5 years in prison under 18 U.S.C. 1462, there 
is no specific prohibition against sending obscene material to 
minors nor is there prohibition against sending obscene 
material to someone who has been represented to the transferor 
as not having attained the age of 18. This provision 
specifically targets individuals who are not necessarily in the 
actual business of selling or transferring obscene material, 
but are attempting to use obscene material to lure a child to 
be victimized. This section will serve to ensure that the 
transfers prohibited under this section are subject to federal 
penalties when the transfers are sent to minors.
    It is the view of the Committee that law enforcement plays 
an important role in discovering child sex offenders on the 
Internet before they are able to victimize an actual child. 
Those who believe they are victimizing children, even if they 
come into contact with a law enforcement officer who poses as a 
child, should be punished just as if a real child were 
involved. It is for this reason that several provisions in this 
Act prohibit certain conduct involving minors and assumed 
minors.
    Sec. 103. Increased prison sentence for enticement of 
minors. This section 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 enticing or coercing a 
minor to engage in prostitution or a sexual act.
    Sec. 104. Additional jurisdictional base for prosecution of 
production of child pornography. This section allows for the 
prosecution of child pornography production cases where 
materials used to make the child pornography were transported 
in interstate or foreign commerce. While current law regarding 
the possession of child pornography proscribes the possession 
of child pornography that was produced with materials that had 
been mailed, shipped or transported in interstate or foreign 
commerce, the child pornography production statute only allows 
for prosecution if the defendant knows or has reason to know 
that the visual depictions themselves will be transported in 
interstate or foreign commerce. Federal law enforcement 
officials confront numerous cases where the defendant produced 
the child pornography but did not intend to transport the 
images in interstate commerce. This section will allow for such 
prosecutions.
    Sec. 105. Increased penalties for certain activities 
relating to material involving the sexual exploitation of 
minors or child pornography and technical correction. 
Subsection 105(a)(1) increases penalties for distributing child 
pornography after a previous conviction for an offense 
involving the transportation of another person for sexual 
activity and other related offenses under Chapter 117 of title 
18, United States Code. Current law provides for a sentence of 
not less that 5 years for distributing child pornography after 
a previous rape or sexual abuse conviction. This section would 
add Chapter 117 offenses to the list of prior offenses which 
would trigger a stiffer penalty if an individual is convicted 
of distributing child pornography.
    Subsection 105(a)(2) increases penalties for possessing 50 
or more images of or items containing child pornography. There 
is currently no greater punishment for the possession of large 
quantities of child pornography. While possession of child 
pornography carries a punishment of up to 5 years in prison, 
this provision would establish a penalty of not less than 2 
years if the quantity possessed exceeds 50 items or images. Law 
enforcement experts have testified before the Subcommittee on 
Crime that those who possess large quantities of child 
pornography are frequently child sex offenders and use such 
materials to lure children into sexual encounters.
    Subsection 105(b) increases penalties for sexual 
exploitation of children after previous convictions involving 
the transportation of another person for sexual activity and 
other related offenses under Chapter 117 of the federal 
criminal code. Current law provides for a sentence for sexual 
exploitation of children of not less than 15 years if the 
offender has one prior rape or sexual abuse conviction and not 
less than 30 years if the offender has two or more previous 
rape or sexual abuse convictions. This section would add 
Chapter 117 offenses to the list of prior offenses which would 
trigger stiffer penalties if an individual is convicted of 
sexual exploitation of children.
    Sec. 106. Criminal forfeiture for solicitation of minors 
and interstate prostitution. This section establishes criminal 
forfeiture for federal sex offenses, including the: (1) 
transportation of a minor for illegal sexual activity; (2) 
coercion or enticement of a minor to engage in criminal sexual 
activity; and (3) transportation in interstate commerce with 
intent to engage in criminal sexual activity with a minor, (4) 
transmitting child pornography in interstate commerce, and (5) 
production of child pornography.
    Sec.107. Pretrial detention of sex offenders. This section 
provides for pretrial detention of persons who commit federal 
sex offenses under Chapter 117 of title 18. Current law 
requires pretrial detention for federal crimes of violence 
including rape, sexual abuse, sexual exploitation, and 
distribution of child pornography, but does not require 
pretrial detention for offenses involving: (1) transportation 
of a minor for illegal sexual activity; (2) coercion or 
enticement of a minor to engage in criminal sexual activity; or 
(3) transportation in interstate commerce with intent to engage 
in criminal sexual activity with a minor. This section would 
add these offenses to the list of offenses in which pretrial 
detention is authorized.
    Sec. 108. Increased prison sentences. This section 
establishes a 3-year minimum term of imprisonment for using a 
computer or any facility of interstate or foreign commerce to 
entice or coerce a minor to engage in illegal sexual activity. 
The Committee believes that the proliferation of home computers 
and the virtually limitless access to children facilitated by 
such computers require a tough penalty for this offense. The 
public's absolute intolerance of child-stalking on the Internet 
must be unmistakenly communicated.
    Sec. 109. Repeat offenders in transportation offense. This 
section doubles the maximum term of imprisonment for a 
violation of provisions relating to the transportation of 
minors for illegal sexual activity and other related offenses 
under Chapter 117 of the federal criminal code after a prior 
sex offense conviction.
    Sec. 110. Definition and addition of attempt offense. This 
section includes ``production of child pornography'' and 
``attempt'' in the coercion of a minor statute and the travel 
to engage in sexual activity with a minor statute (18 U.S.C. 
2422). There is currently no federal penalty for individuals 
who travel or use facilities of interstate commerce to persuade 
minors to engage in the production of child pornography. The 
addition of ``production of child pornography'' to section 2422 
would allow federal prosecution in these circumstances. The 
``attempt'' language added to 18 U.S.C. 2422(a) would enable 
law enforcement to charge a defendant who attempts to lure 
individuals into illegal sexual activity, but where the travel 
did not take place (i.e., only an attempt occurred). Existing 
sections 2422(b) and the Act's proposed section 2422(c) already 
include attempt provisions.
    Sec. 111. Use of Interstate facilities to transmit 
identifying information about a minor for criminal sexual 
purposes. This section establishes a new offense for knowingly 
transmitting, printing, publishing or reproducing the name, 
address, telephone number, e-mail address, or other identifying 
information about a minor for the purposes of facilitating, 
encouraging, offering or soliciting any person to engage in 
illegal sexual activity. The offense carries a penalty of a 
fine or up to 5 years imprisonment. The Committee is aware of 
at least one instance in which the name and phone number of a 
9-year-old girl was posted on the Internet, inviting pedophiles 
to call her 24-hours a day for sex acts. The harassment which 
followed forced the family to move to a new town. There is 
currently no prohibition against posting information about a 
child for the purpose of facilitating illegal sexual activity. 
It is the intent of this section to respond to such crimes.
Title II: Punishing Sexual Predators
    Sec. 201. Sentencing enhancement in Section 2423 cases. 
This section directs the United States Sentencing Commission to 
review and amend the Federal Sentencing Guidelines to provide a 
sentencing enhancement for transportation of a minor with 
intent to engage in criminal sexual activity or for travel with 
intent to engage in a sexual act with a minor. It is the view 
of the Committee that the Sentencing Commission should ensure 
that the sentencing ranges corresponding to these offenses are 
appropriately severe. During the hearings held by the 
Subcommittee on Crime, numerous cases were cited in which 
pedophiles received only a 2- to 3-year sentence for luring 
children over the Internet to engage in sexual acts. In one 
particular case discussed at one of the Subcommittee's 
hearings, the U.S. Attorney asked the judge to depart from the 
guidelines because the penalties available to the judge were 
too low. The Committee is concerned that such requests have 
been necessary and believes that the Sentencing Commission 
should review the guidelines to make sure penalties for these 
horrendous crimes are adequate, particularly in light of the 
increased maximum sentences for these crimes established in 
this Act.
    Sec. 202. Increased penalties for transportation of minors 
or assumed minors for illegal sexual activity and related 
crimes. This section increases the maximum prison sentence from 
10 to 15 years for transportation of a minor or assumed minor 
with intent to engage in criminal sexual activity and for 
travel with intent to engage in a sexual act with a minor or 
assumed minor.
    Sec. 203. Increased penalties for abusive sexual contact. 
This section doubles penalties for abusive sexual contact where 
the victim is under age 12.
    Sec. 204. Punishment for repeat offenders. This section 
mandates life in prison for serial rapists--those who commit a 
federal sexual assault and have been convicted twice previously 
of serious state or federal sex crimes. Serious state or 
federal sex crimes are defined as offenses under 18 U.S.C. 2241 
and 2242 (which include aggravated rape and rape) or a state 
offense in which the conduct, if it were committed on federal 
property, would constitute a violation under 18 U.S.C. 2241 or 
2242.
    The amendment to current law establishes a new offense 
which mandates life in prison for a person who has two prior 
serious sex crime convictions, and who commits an aggravated 
sex crime in which the person's conduct, if it were committed 
in federal jurisdiction would constitute a federal offense and 
either the person traveled in interstate or foreign commerce or 
used the mail or any facility of interstate or foreign commerce 
to commit the crime, or the person's conduct occurred in or 
affected interstate or foreign commerce. Under the current 
federal ``three-strikes-you're-out'' law, a sexual assault 
after two ``strikes'' carries a mandatory life sentence only if 
it is committed on federal property. This provision would 
expand federal jurisdiction to include sexual assaults 
involving travel in, or the use of a facility or means of 
interstate commerce, but only after an offender has been 
convicted twice previously of a serious state or federal sex 
crime.
    Sec. 205. Repeat offenders in sexual abuse cases. This 
section amends current repeat offender provisions by doubling 
the maximum term of imprisonment after a prior sex offense 
conviction.
    Sec. 206. Civil remedy for personal injuries resulting from 
certain sex crimes against children. This section provides a 
civil remedy for personal injuries resulting from certain sex 
crimes against children. Current law provides for a civil 
remedy for personal injuries resulting from child pornography 
offenses. This section expands the number of sex offenses in 
which a minor may pursue a civil remedy for personal injuries 
resulting from the offense. It is the intention of the 
Committee that only the offender who perpetrated the offense 
against the minor is liable for damages under this section.
    Sec. 208. Death or life in prison for certain offense whose 
victims are children. This section amends the federal criminal 
code to require that any person convicted of a federal offense 
involving a serious violent felony or the sexual exploitation 
of a child shall, unless the death sentence is imposed, be 
sentenced to life in prison if the victim is under 14-years-old 
and dies as a result of the offense. In order to be eligible 
for this sentence, the defendant must have acted with the 
state-of-mind described in section 3591 of title 18, United 
States Code. This section defines the requisite intentional 
behavior or aggravated recklessness necessary for the 
imposition of a death sentence.
Title III: Federal Investigations of Sex Crimes Against Children and 
        Serial Killers
    Sec. 301. Administrative Subpoenas. This section amends the 
federal criminal code to authorize the Attorney General, in 
investigations of alleged violations of certain federal 
provisions regarding sexual abuse of children, to subpoena 
witnesses and compel the production of records deemed relevant 
or material to the investigation. Under current law, federal 
law enforcement authorities may subpoena records in drug and 
health care fraud investigations without a court authorized 
subpoena. In this section, the Attorney General or her designee 
is authorized to issue such subpoenas in cases of: (1) 
aggravated sexual abuse of a child; (2) sexual abuse of a 
child; (3) transportation of any individual in interstate 
commerce for prostitution or illegal sexual activity; (4) using 
a facility of interstate commerce to coerce or entice a minor 
to travel in interstate commerce to engage in illegal sexual 
activity; or (5) traveling in interstate commerce to engage in 
illegal sexual activity with a minor. The FBI has experienced 
difficulty in obtaining subpoenas in jurisdictions where U.S. 
attorneys lack sufficient resources to support an investigation 
of child pedophiles.
    Sec. 302. Kidnapping. This section allows for the immediate 
commencement of federal investigations in kidnapping cases. 
When an abducted child is not found in the first 24 hours, it 
becomes frequently far more difficult to recover the child 
alive, if at all. While the FBI may initiate an investigation 
under current law as soon as it is notified about a child 
abduction, local law enforcement officials are often hesitant 
to provide such notification because of confusion over the 
``24-hour rule.'' This rule establishes a presumption of 
federal jurisdiction if a person has been missing for more than 
24 hours. This provision clarifies that the rule does not 
preclude immediate investigative authority for federal law 
enforcement in kidnapping cases.
    This section also authorizes federal jurisdiction in 
kidnapping cases if any facility or means of interstate or 
foreign commerce was used in furtherance of the offense or the 
kidnapping offense affects interstate or foreign commerce. The 
federal kidnapping law (18 U.S.C. 1201) was originally 
fashioned in reaction to the interstate kidnapping of the 
Lindbergh baby in 1932. Because of this, it is limited 
generally to instances in which the victim is transported 
interstate and does not include other traditional bases for 
federal jurisdiction such as travel by the offender in 
interstate commerce, or the use of a facility of interstate 
commerce or the mails in the commission of the crime. While the 
FBI may initiate a preliminary kidnapping investigation 
immediately after it is notified, once it has been determined 
that the case is intrastate, the FBI is often required to end 
its investigation. This section would enable federal 
prosecution in such cases as the recent kidnapping of an Exxon 
executive in New Jersey, where the FBI, after a painstaking 
investigation, apprehended the perpetrators but lacked the 
federal jurisdiction to prosecute because the victim had never 
been transported out of New Jersey, although the defendants had 
used interstate facilities during the commission of the crime. 
The Committee believes that expanding federal jurisdiction in 
this area is well justified because of the preeminent need to 
bring the most effective resources to bear in seeking to 
protect children from sexual predators.
    Section 303. Authority to Investigate Serial Killings. This 
section provides authority for the Attorney General and the FBI 
to investigate serial murders when such an investigation is 
requested by a state or local law enforcement agency with 
jurisdiction over the offense. ``Serial killing'' is defined to 
require at least 3 prior murders which appear to have been 
committed by the same perpetrator.
    The Committee believes that use of federal resources in 
serial killing investigations is well justified. Serial 
killings are among the most difficult to investigate 
successfully. Often, child abduction and serial murder crimes 
involve offenders who travel through multiple jurisdictions, 
thus complicating the ability to coordinate effectively such 
investigations. Many serial murder investigations result in 
out-of-state leads which can be costly and labor intensive to 
pursue and require specialized training. Moreover, these cases 
frequently pose exceptionally unique challenges due to the 
often unusual motivations of the perpetrators and seeming 
randomness of the acts. While the FBI keeps track of such 
killings, and may provide information to local law enforcement, 
it has no investigative powers itself over these crimes. This 
section would grant the FBI authority to investigate serial 
killings only upon the request of a state or local official 
with investigative or prosecutorial jurisdiction over the 
offense. With federal, state, and local law enforcement working 
together to effectively investigate these crimes, serial 
killers can be apprehended before they are able to take the 
life of more victims.
    Sec. 304. Morgan P. Hardiman Child Abduction and Serial 
Murder Investigative Resources Center. This section 
restructures the currently existing Morgan P. Hardiman Missing 
and Exploited Children's Task Force into a resource center to 
improve its effectiveness in kidnapping and serial murder 
investigations. The resource center would be simplified through 
the establishment of regional coordinators in FBI field offices 
who would serve as liaisons for state and local law enforcement 
and other federal law enforcement agencies in cases of child 
abduction and serial murders. The Committee favors the 
continued relationships with and between the Task Force and the 
United States Customs Service, the United States Secret 
Service, the Postal Inspection Service, and the Marshals 
Service, so that their resources and expertise will be 
available to the unit whenever necessary.
    Subsection 304(f) authorizes to be appropriated to carry 
out this section such sums as necessary for fiscal year 1999 
and the next two fiscal years. It is the view of the Committee 
that increased funds will be necessary to pay for state and 
local training as the task force works with the National Center 
for Missing and Exploited Children and the Office of Juvenile 
Justice and Delinquency Prevention to provide instruction on 
the investigation of child abductions, mysterious 
disappearances of children, and serial murder of children. 
Funds will also be necessary to enhance agent and analytical 
staff, operational support, and research capabilities of the 
National Center for the Analysis of Violent Crime (formerly the 
Child Abduction and Serial Killer Unit) at the FBI. Federal 
support may also be necessary to pay overtime for state and 
local law enforcement personnel who work with the Morgan P. 
Hardiman Task Force. The Committee estimates that these 
activities should not exceed $7 million in the first year of 
operation.
Title IV--Restricted Access to Interactive Computer Service
    Sec. 401. Prisoner Access. This section prohibits the 
implementation of federal financial assistance to any federal 
program or activity in which a federal prisoner is allowed 
unsupervised access to the Internet.
    Sec. 402. Recommended Prohibition. Section 402 provides 
Congressional findings which summarize an incident in which an 
inmate who was serving a 23-year sentence in a Minnesota State 
prison for child molestation, was found trafficking in child 
pornography over the Internet from prison. This section also 
includes a sense of the Congress that urges state governors, 
state legislators, and state prison administrators to prohibit 
unsupervised access to the Internet by state prisoners.
    Sec. 403. Survey. This section requires the Attorney 
General to conduct a survey of the states to determine to what 
extent they allow prisoners access to any interactive computer 
service and whether such access is supervised by a prison 
official. This section also requires the Attorney General to 
submit a report to Congress regarding the findings of this 
survey.

                              Agency Views

                             April 28, 1998

Hon. Bill McCollum,
Chairman, Subcommittee on Crime,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: We are pleased to present the views of 
the Department of Justice on H.R. 3494, the ``Child Protection 
and Sexual Predator Punishment Act of 1998,'' as well as our 
views on H. Con. Res. 125, H.R. 1972, H.R. 2122, H.R. 2173, 
H.R. 2488, H.R. 2815 and H.R. 3185, other measures that have as 
their goal the reduction or elimination of the sexual or other 
exploitation of children.
    At the outset, we commend you for moving H.R. 3494 forward 
and state the strong support of the Administration for H.R. 
3494's goal of combating child pornography and the sexual 
exploitation of minors. Toward that end, we offer the following 
suggestions, which we believe will strengthen H.R. 3494 by 
making it more workable and effective.
    Inclusion of ``production of child pornography'' and 
``attempt'' in the coercion of a minor statute and the travel 
to engage in sexual activity with a minor statute. Proposed 
Sections 101 and 103 amend 18 U.S.C. Sec. 2422, which 
proscribes using the mail or a facility or means of interstate 
or foreign commerce to contact a minor for the purposes of 
engaging in criminal sexual activity. Section 202 amends 18 
U.S.C. Sec. 2423, which prohibits the transportation of minors 
to engage in any sexual activity for which any person can be 
charged with a criminal offense. The production of child 
pornography is not encompassed within the statutes' definition 
of prohibited sexual activity, however. As a result, 
individuals who travel or use facilities of interstate commerce 
to persuade minors to engage in the production of child 
pornography have not been subject to federal prosecution. The 
addition of ``production of child pornography'' would allow 
federal prosecution in these circumstances.
    We also believe that inclusion of ``attempt'' language in 
18 U.S.C. Sec. 2422(a) would be helpful in charging cases where 
the defendant attempts to lure individuals into illegal sexual 
activity, but the travel did not take place (i.e., only an 
attempt occurred). Existing Section 2422(b) and the bill's 
proposed Section 2422(c) already include attempt provisions.
    Allowing prosecution of production of child pornography 
cases where materials used to make the child pornography were 
transported in interstate or foreign commerce. Although the 
bill amends 18 U.S.C. Sec. 2252, the child pornography 
distribution and possession statute, it does not amend 18 
U.S.C. Sec. 2251, the child pornography production statute. We 
suggest a section that amends 18 U.S.C. Sec. Sec. 2251(a) and 
(b) to include language permitting prosecution of the person 
``if such visual depiction was produced with materials that had 
been mailed, shipped or transported in interstate or foreign 
commerce by any means, including, but not limited to, 
computer.'' The child pornography possession statutes in 18 
U.S.C. Sec. Sec. 2252 and 2252A proscribe the possession of 
child pornography that was produced with materials that had 
been mailed, or shipped or transported in interstate or foreign 
commerce. The child pornography production statute, however, 
only allows prosecution if the defendant knows or has reason to 
know that the visual depictions themselves will be transported 
in interstate or foreign commerce, or if the depictions 
actually were so transported. There have been a number of cases 
where the defendant produced the child pornography but did not 
intend to transport the images in interstate commerce. In such 
cases, the federal government cannot prosecute the production 
of child pornography charge, but, instead, must turn the 
production case over to state prosecutors. The suggested 
amendment will enable the case to be prosecuted federally, 
which will ensure that an appropriately severe sentence is 
available.
    Permitting forfeiture of assets utilized to distribute or 
possess ``morphed'' child pornography or certain items of child 
pornography or to produce child pornography overseas for 
importation into the United States, or the proceeds of such 
offenses, or in cases under the Mann Act. We suggest that in 
Section 105, 18 U.S.C. Sec. 2252A and 18 U.S.C. Sec. 2260 
should be inserted in the list of statutes that subject 
property to criminal and civil forfeiture under 18 U.S.C. 
Sec. Sec. 2253 and 2254, respectively, and that chapter 117 in 
its entirety be added to the criminal forfeiture predicates in 
sections 2253 and 2254. Sections 2252A and 2260 are the only 
statutes referring to child pornography that are not referenced 
in the child pornography forfeiture section, 18 U.S.C. 
Sec. 2253. As a result, the government has not been able to 
seek forfeiture of computers that were utilized to receive or 
distribute ``morphed'' child pornography, or computers 
containing substantial images of child pornography in 
situations where all the child pornography was found in the 
computer, under the new child pornography statute, 18 U.S.C. 
Sec. 2252A. Inclusion of these two child pornography statutes 
within the forfeiture section will permit forfeiture of assets 
or proceeds involved in these child pornography offenses.
    Correction of amendment of the pretrial detention statute. 
Section 106 creates the possibility of pretrial detention for 
certain child sex offenders. However, the proposed section, 
which would amend 18 U.S.C. Sec. 3142(f), is partially 
redundant with 18 U.S.C. Sec. 3156(a)(4), which defines ``crime 
of violence'' to include offenses under Chapter 109A and 
Chapter 110. We suggest that an amendment of the definition 
section to include Chapter 117 offenses would be a simpler and 
better alternative.
    Change the definition of sexual act in the ``travel to 
engage in sexual activity with a minor'' statute. Section 202 
amends 18 U.S.C. Sec. 2423 to create the new crimes of 
transporting an individual the person believes to be a minor 
for illegal sexual activity and travelling in interstate 
commerce for the purpose of engaging in illegal sexual activity 
with an individual the person believes to be a minor. 
Initially, we note that the phrase ``belief that the individual 
has not attained the age of 18 years'' should be stricken, and 
the phrase ``an individual who has been represented to the 
person as not having attained the age of 18 years'' should be 
substituted. This is the same language found in Section 101 of 
the bill.
    We also suggest that in Section 2423(b), the phrase ``for 
the purpose of engaging in any sexual act (as defined in 
Section 2246) with another person who has not attained the age 
of 18 years, or whom the person believes has not attained the 
age of 18 years, that would be in violation of chapter 109A if 
the sexual act occurred in the special maritime and territorial 
jurisdiction of the United States,'' should be stricken and the 
phrase ``for the purpose of engaging in any sexual activity 
with another person who has not attained the age of 18 years, 
or who has been represented to have not attained the age of 18 
years, for which any person can be charged with a criminal 
offense'' substituted therefor.
    An anomaly is apparent when one compares subsection 2423(a) 
with subsection 2423(b). Subsection (a) permits prosecution of 
persons who transport a minor in interstate commerce with the 
intent that the minor engage in any sexual activity for which 
any person could be charged with a criminal offense. Thus, if 
the defendant intended to commit a state sex crime with the 
minor, such as statutory rape, the transportation would come 
under the proscriptions of the statute. Subsection (b), by 
contrast, permits prosecution of those who travel themselves 
with the intent to commit sex crimes that would violate Chapter 
109A, if the sexual activity had occurred within federal 
jurisdiction. In these circumstances, a person who traveled in 
interstate commerce with the intention of having consensual 
sexual activity with a 16-year-old minor would not violate the 
statute, because Chapter 109A only punishes consensual sexual 
activity between the defendant and a minor between the ages of 
13 and 15, if the perpetrator is four or more years older than 
the minor. The existing language has been a barrier to 
prosecution of Section 2423(b) crimes in cases where the person 
travels to meet a minor aged 16-18. If the state has a statute 
prohibiting consensual sex with minors under the age of 18, the 
bill language would inappropriately permit travel to engage in 
sexual activity that is proscribed under state law.
    Sentences for possession of 50 or more items of child 
pornography and for using a computer to contact a minor for 
sexual activity. Section 104 inserts language in the child 
pornography possession statute that requires a mandatory two-
year sentence if the possession consists of 50 or more items. 
Section 107 amends the coercion statute, 18 U.S.C. Sec. 2422, 
by requiring a mandatory three-year sentence for using a 
computer to persuade a minor to engage in sexual activity. 
Instead of this approach, we would prefer a directive to the 
Federal Sentencing Commission to develop Federal Sentencing 
Guidelines enhancements in cases where the computer is an 
instrument used in any attempted or actual sexual exploitation 
of a minor under the age of 18. These enhancements should be 
applicable to cases under 18 U.S.C. Sec. Sec. 2422 and 2423.
    Striking Section 204, the Punishment for Repeat Offenders 
Section. We recommend that Section 204 be stricken for two 
reasons. The section amends 18 U.S.C. Sec. 2241, the aggravated 
sex offense statute, by adding a new subsection (e) that 
punishes repeat offenders by imposing life imprisonment for 
those who violate Section 2241 and who had twice been 
previously convicted of either: (1) a serious state or federal 
sex crime, which is defined as an offense under Sections 2241 
or 2242; or (2) crimes that would have been an offense under 
either of such sections, if the offense had occurred within 
federal jurisdiction. This proposed subsection is at least 
partially redundant. The three strikes statute, found at 18 
U.S.C. Sec. 3559(c), already includes federal or state offenses 
consisting of aggravated sexual abuse and sexual abuse as 
described in 18 U.S.C.Sec. Sec. 2241 and 2242. Under the three 
strikes statute, defendants would similarly receive life 
imprisonment if they had two prior serious sex crime 
convictions.
    Proposed subsection (e)(1)(B) actually creates a new 
federal crime, even though it is placed in a ``punishment for 
repeat offenders'' subsection. It would mandate a mandatory 
life sentence for a person who has two prior serious sex crime 
convictions, and who commits an aggravated sex crime in which 
either: (1) the person travelled in interstate or foreign 
commerce or used the mail or any facility of interstate or 
foreign commerce to commit the crime; or (2) the person's 
conduct occurred in or affected interstate or foreign commerce. 
Presumably, states have concurrent jurisdiction over the 
offenses covered by the proposed amendment. Unless there are 
significant gaps in state criminal codes or evidence of failure 
by state criminal justice systems to effectively punish 
rapists, expansion of federal jurisdiction would be difficult 
to justify.
    Eliminate the redundancy of placing the crime of ``crossing 
state lines to have sexual activity with a minor under 12 
years'' in two different sections by combining Sections 2241 
and 2243(a). Section 207 corrects an anomaly in the Amber 
Hagerman Act by striking the phrase ``crosses a State line with 
intent to engage in a sexual act with a person who has not 
attained the age of 12 years'' from 18 U.S.C. Sec. 2243(a). We 
support the objective of this provision but suggest substitute 
language in section 2241, combining elements of Section 2241 
and 2243(a). The new language would proscribe: (1) crossing 
State lines with intent to engage in sexual relations with a 
minor under 12 years old and then engaging in or attempting to 
engage in the sexual activity; (2) engaging in aggravated 
sexual activity, under the circumstances described in 
subsections (a) or (b) with a minor aged 12 to 17; and (3) 
crossing State lines with intent to engage in a sexual act with 
a minor aged 12 to 17, and then engaging in or attempting to 
engage in the sexual activity, if the perpetrator is at least 
four years older than the minor. A principal effect of our 
suggestion is that these last two crimes would raise the age of 
the protected minor from 15 to 17 years old, with maximum 
penalties of imprisonment of up to 15 years, a fine, or both, 
whereas the first crime would maintain the maximum penalty of 
life. The combined statutes would also have a ``state of mind'' 
requirement, as specified in Section 2241(d), and a 
``defenses'' subsection as specified in Section 2243(c). 
Section 2243 would remain intact only as to subsection (b) 
(sexual abuse of a ward).
    The rationale behind our suggested change relates to the 
fact that Chapter 109A and Chapter 110 have differing penalties 
for essentially the same offense. The crime of ``crossing State 
lines to engage in a sexual act with a minor under the age of 
12'' is now proscribed by Sections 2241(c), 2243(a) and 
2423(b), which uses the language ``individual under the age of 
18.'' By combining 2241(c) with 2243(a), and by requiring that 
the sexual act actually occurred, the statute's harsher penalty 
of any term of years or life would appropriately fit the crime. 
Section 2423(b) and its maximum penalty of ten years would 
still be available if no sexual activity actually occurred.
    In addition, the suggested increase in the protected age of 
the minor from age 16 to age 18 in the aggravated child rape 
section and the statutory rape section would be consistent with 
the protection of minors statutes, the majority of which refer 
to a minor as an individual under the age of 18. See, Chapter 
110 and Chapter 117 offenses.
    Deletion of federal jurisdictional base in kidnapping 
statute if the offense affects interstate or foreign commerce. 
Section 302 permits federal jurisdiction over a state 
kidnapping if the mail or any facility or means of interstate 
or foreign commerce is used in furtherance of the offense or if 
the kidnapping ``affects interstate or foreign commerce.'' We 
support the former (mail or use of a facility of commerce base, 
to which we suggest also the addition of ``travel in interstate 
or foreign commerce language as in 18 U.S.C. Sec. 1952), but 
believe that the proposed ``affecting commerce'' base is too 
broad for kidnapping offenses. In light of the fact that the 
kidnapping statute has a 24-hour presumption that permits the 
FBI to investigate, regardless of the circumstances of the 
offense, there is simply no need for federal jurisdiction over 
purely intrastate activity.
    Creation of a new resources center on child abduction and 
serial murder investigations. Section 304 proposes to repeal 
the current Missing and Exploited Child Task Force (42 U.S.C. 
Sec. 5776a) and create a new unit within the FBI to work child 
abduction and serial killer cases. This section appears to 
combine the functions of the current Child Abduction/Serial 
Killer Unit (CASKU) in the FBI with the functions of the multi-
agency missing children task force into one unit to use the 
resources of the FBI more effectively. We support this idea. It 
also appears to address many of the operational and procedural 
problems encountered by the current task force. However, the 
bill spells out in detail how the unit would operate and what 
tasks it would carry out. Perhaps less detail in its functions 
would permit more flexibility, so that the unit could better 
achieve its goals. We also question whether creating a national 
unit, as well as units in each of the FBI field offices, is the 
best use of resources. It seems redundant to have so many units 
when other mechanisms are already in place (e.g., through the 
designation of Crimes Against Children Coordinators in each 
field office who are available to act as liaisons with the 
national unit, as needed). We are, in any event, in favor of 
the continued relationships with and between the United States 
Customs Service, the United States Secret Service, the Postal 
Inspection Service, and the Marshals Service, so that their 
resources and expertise will be available to the unit whenever 
necessary.
    Other matters. Section 104 makes clear that illegal 
possession of child pornography, as proscribed by 18 
U.S.C.Sec. 2252, can refer to possession of three or more 
matters, each of which contains a visual depiction of child 
pornography, or one matter containing three or more visual 
depictions of child pornography. We suggest that the phrase 
``computer disk'' be inserted in the phrase ``three or more 
books, magazines, periodicals, films, video tapes, or other 
matter'' to clarify that possession of three or more computer 
disks, each of which contains at least one visual depiction of 
child pornography, also violates the possession statute, just 
as possession of one computer disk, containing three or more 
visual depictions of child pornography, violates the possession 
statute.
    We also believe that Chapter 117 offenses should be 
recognized as enhancement offenses throughout Chapter 110 and 
Chapter 109A. For example, 18 U.S.C. Sec. 2251(d) permits an 
enhancement if the person has a conviction under Chapters 110 
or 109A, but does not include prior convictions under Chapter 
117. similarly, while there is a 5-year mandatory minimum 
sentence for individuals charged with receipt or distribution 
of child pornography and who have prior state convictions for 
child molestation (18 U.S.C. Sec. Sec. 2252(b)(1) and 
2252A(b)(1)), there is no enhanced provision for those 
individuals charged with possession of child pornography who 
have prior convictions for child abuse. (18 U.S.C. 
Sec. Sec. 2252(b)(2) and 2252A(b)(2) provide only for increased 
minimums for state convictions for possession.) We suggest an 
increased mandatory minimum sentence of 2 years for individuals 
charged with a violation of any subsection of 2252 or 2252A, if 
the individual had a prior conviction for sexual abuse of a 
minor. In addition, although there is a mandatory restitution 
statute for Chapter 110 offenses (18 U.S.C. Sec. 2259) and for 
Chapter 109A offenses (18 U.S.C. Sec. 2248), there is no 
mandatory restitution statute for Chapter 117 offenses. The 
bill should include a section mandating restitution for Chapter 
117 offenses, as well.
    Section 301 would provide for the use of administrative 
subpoenas in cases involving crimes against minors, or 
individuals represented to be minors. We support this section 
but recommend its extension to all crimes involving minors 
under chapters 53 (Indians), 109A (sexual abuse), 110 (sexual 
exploitation and other abuse of children), and 117 (travel for 
illegal sexual activity and related crimes) of title 18, United 
States Code.
    Section 303 proposes a new federal offense (proposed 18 
U.S.C. Sec. 1123) for the crossing of state lines with intent 
to commit murder in the first degree. Under the proposal, a 
prosecution would be permitted only if the Attorney General or 
other appropriate official certifies that ``the conduct 
intended to be engaged in [by the defendant] was a serial 
killing.''
    We note that murder is usually a local violation that is 
usually and most effectively addressed by local law 
enforcement. Officers and detectives handle these 
investigations on a daily basis and have developed an expertise 
in this area. Through the National Center for the Analysis of 
Violent Crime (NCAVC), the FBI currently assists local law 
enforcement in serial murder investigations, when requested, by 
providing technical and forensic resource coordination and 
immediate investigative support through onsite consultations 
and by sharing research findings and violent crime analysis. 
The FBI laboratory also provides forensic support and resources 
to state and local law enforcement. We therefore are opposed to 
this provision. We do support the proposed language in H.R. 
3494 that provides resources for funding the Morgan P. Hardiman 
Child Abduction and Serial Murder Investigative Resources 
Center. We believe that this legislation would enhance the 
FBI's existing ability to assist state and local law 
enforcement in serial murder investigations.
    H. Con. Res. 125, H.R. 1972, H.R. 2122, H.R. 2173, H.R. 
2488, H.R. 2815 and H.R. 3185. We are pleased to offer our 
views on the additional bills and resolution mentioned in your 
letter of March 20, 1998. H. Con. Res. 125 would express the 
sense of Congress that each state should establish an advisory 
board to conduct risk assessments of sex offenders for the 
purposes of community notification. While the Department 
strongly supports efforts to assist states in developing 
effective community notification programs for sex offenders, we 
are concerned that, if H. Con. Res. 125 were to pass, states 
may have the impression that the highly detailed program set 
forth in the Resolution is the only acceptable method for 
notifying their communities about dangerous sex offenders.
    In fact, since the passage of Megan's Law (Pub. L. 104-
145), which amended the community notification provisions of 
the Jacob Wetterling Crimes Against Children and Sexually 
Violent Offender Registration Act (Pub. L. 103-322), to require 
the release of relevant information that is necessary to 
protect the public concerning registered sex offenders, states 
have developed a variety of different methods for notifying 
communities about sex offenders. We believe it is appropriate 
for states to retain some flexibility in how they conduct 
notifications in their communities under the general guidelines 
of the Wetterling Act and Megan's Law. Indeed, recent 
amendments to the Wetterling Act that were included in the 
fiscal year 98 Commerce, Justice, State Appropriations Act were 
designed to give states greater flexibility in deciding what 
procedures should be used in setting up and maintaining their 
sex offender registration programs. The Department of Justice 
has been working, and will continue to work, with the states in 
crafting their community notification programs. In particular, 
the Department, through the Bureau of Justice Assistance, is 
funding two studies examining community notification. We would 
be pleased to brief interested Members on our efforts in this 
area.
    H.R. 2488, the Volunteers for Children Act, proposes to 
facilitate fingerprint checks for individuals seeking to work 
in youth serving organizations. The National Child Protection 
Act (42 U.S.C. Sec. 5119a) provides for background screening of 
individuals who work with children, the elderly and the 
disabled. Fingerprint checks by the FBI, pursuant to Pub. L. 
92-544, are limited by the requirement that state law on the 
subject must authorize the federal check, as well. This bill 
proposes to bypass these restrictions in states that have not 
addressed background checks of individuals in youth-serving 
organizations.
    The concept of the legislation, which proposes to 
facilitate completion of thorough background checks for 
individuals working with youth, is laudable. We note that the 
bill provides little motivation or incentive to states to 
implement background check systems. Indeed, the proposal 
appears to minimize the benefit of local record background 
checks, which are often more timely and germane to the 
individual's activity in the community. In the absence of state 
statutory guidance, an agency responsible for relaying the 
results of a background check would be required to make 
difficult choices between the privacy rights of the applicant 
and public safety concerns. We would oppose any further bypass 
of these systems that would result in background checks based 
on applicant's name, rather than on fingerprints.
    H.R. 1972 prohibits the sale or purchase, by ``list 
brokers,'' of personal information about a child without the 
consent of the child's parents. This bill is designed to 
provide protection for children, so that personal information 
cannot be so easily acquired by those individuals who use that 
information to harm or exploit children. It is our 
understanding that the Federal Trade Commission (FTC) is 
currently preparing a report to Congress on the effectiveness 
of self-regulation as a means of protecting consumer privacy on 
the Internet. It would, in our view, be appropriate to wait for 
the FTC report before this legislation is further considered. 
The bill also provides for disclosure of these lists to the 
National Center for Missing and Exploited Children, in order to 
permit comparison with the names of the children listed with 
that organization as missing. The language of the bill does not 
address privacy issues involved with disclosure to NCMEC and 
management of the information, nor does it provide for any 
penalty for failure to disclose.
    There are two technical comments we offer regarding H.R. 
1972, as well. First, please note that paragraph (2) in 
subsection (b) explicitly assumes that the person is a list 
broker. This is evidently a drafting error, resulting from a 
failure fully to revise the language from subsection (a)(3), 
relating to list brokers, when it was adapted in formulating 
the parallel offense in subsection (b) for persons who offer 
commercial products or services to children. Second, the 
offense defined in paragraph (1) of subsection (c) refers to 
any worker registered pursuant to the Jacob Wetterling Act. 
Since the actual sex offender registration programs are 
established by the states, and sex offenders' legal obligations 
to register arise from the state laws that establish the state 
programs, this section should probably refer, instead, to any 
worker registered pursuant to a state sex offender registration 
program.
    Two bills, H.R. 2173 and H.R. 2815, address concerns about 
those who prey upon children through use of the Internet. H.R. 
2815 creates a new offense, 18 U.S.C. Sec. 2260A, that 
prohibits anyone from using the Internet to target a child for 
``sexually explicit messages or contacts.'' The coercion of a 
minor statute, 18 U.S.C. Sec. 2422(b), already punishes an 
individual who uses, or attempts to use, the Internet to 
persuade a minor to engage in illegal sexual activity. 
Similarly, the travel with intent statute, 18 U.S.C. 
Sec. 2423(b), already punishes an individual who travels to 
meet a minor with the intent to engage in illegal sexual 
activity. We would also note that if, under Reno v. ACLU, 117 
S. Ct. 2329 (1997), Congress cannot prohibit the ``display'' of 
indecent messages to minors, it could be argued that a statute 
proscribing the sending of sexually explicit messages to minors 
is unconstitutional, as well.
    H.R. 2173, which requires reporting of child abuse by 
electronic communications service providers, could be a step 
toward making the Internet a safer environment for our 
children. Presently, some Internet service providers 
voluntarily report known occurrences of individuals using their 
services to exploit children. The Department previously 
supported bills similar to H.R. 2173. However, as drafted, this 
bill is unclear as to whom a report is made and where it is to 
be referred for further investigation. (Presumably a report 
would be filed with an appropriate law enforcement or social 
services agency, depending upon the circumstances.) Nor does 
the bill provide for any sanctions for failure to make a 
report. It is unclear if the bill refers only to those 
incidents reported to the provider, or whether it might require 
the provider to develop a monitoring or policing system for all 
communications. The latter is not practical for providers 
because of cost and resource issues.
    H.R. 2122 would amend 18 U.S.C. Sec. 3559 (``sentencing 
classification of offenses'') to provide for a mandatory life 
sentence (unless the death penalty is imposed) if a victim of 
the production of child pornography or a serious violent felony 
dies as a result of the offense and the victim is under 14. We 
would not object to the proposal, if it were amended to provide 
that the death of the victim must have been intentional. In 
addition, we note that there are other situations that might 
result in the death of a victim under the age of 14 (e.g., 
cases under the Mann Act) but that would not be afforded the 
same protection under this bill.
    H.R. 3185 removes the requirement in the child pornography 
possession statute that the individual must possess at least 
three matters containing a visual depiction of child 
pornography. Under the proposed language, an individual could 
be charged with possession of child pornography if he or she 
possessed one illegal image. We have no objection to this 
proposal.
    We look forward to working with you and your staff to enact 
tough and effective legislation to combat child exploitation. 
Please do not hesitate to call upon us if we may be of 
additional assistance in connection with this or any other 
matter. The Office of Management and Budget has advised that 
there is no objection from the standpoint of the 
Administration's program to the presentation of this report.
            Sincerely,
                                            Ann M. Harkins,
                                 Acting Assistant Attorney General.
    cc: Hon. Charles E. Schumer,
         Ranking Minority Member.

H.L.C.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *


PART I--CRIMES

           *       *       *       *       *       *       *


CHAPTER 55--KIDNAPPING

           *       *       *       *       *       *       *


Sec. 1201. Kidnapping

    (a) Whoever unlawfully seizes, confines, inveigles, decoys, 
kidnaps, abducts, or carries away and holds for ransom or 
reward or otherwise any person, except in the case of a minor 
by the parent thereof, when--
            (1) the person is willfully transported in 
        interstate or foreign commerce, regardless of whether 
        such person was alive when transported across a State 
        boundary provided the person was alive when the 
        transportation began;

           *       *       *       *       *       *       *

            (4) the person is a foreign official, an 
        internationally protected person, or an official guest 
        as those terms are defined in section 1116(b) of this 
        title; [or]

           *       *       *       *       *       *       *

            (6) the mail or any facility or means of interstate 
        or foreign commerce is used in furtherance of the 
        offense; or
            (7) the offense affects interstate or foreign 
        commerce, or would do so if the offense were 
        consummated;
shall be punished by imprisonment for any term of years or for 
life and, if the death of any person results, shall be punished 
by death or life imprisonment.
    (b) With respect to subsection (a)(1), above, the failure 
to release the victim within twenty-four hours after he shall 
have been unlawfully seized, confined, inveigled, decoyed, 
kidnapped, abducted, or carried away shall create a rebuttable 
presumption that such person has been transported to interstate 
or foreign commerce. However, 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 twenty-four hour period has ended.

           *       *       *       *       *       *       *


                         CHAPTER 71--OBSCENITY

Sec.
1460. Possession with intent to sell, and sale, of obscene matter on 
          Federal property.
     * * * * * * *
1470. Transfer of obscene material to minors.

           *       *       *       *       *       *       *


Sec. 1470. Transfer of obscene material to minors

    Whoever, using the mail or any facility or means of 
interstate or foreign commerce--
            (1) knowingly transfers obscene matter to an 
        individual who has not attained the age of 18 years, or 
        attempts to do so; or
            (2) knowingly transfers obscene matter to an 
        individual who has been represented to the transferor 
        as not having attained the age of 18 years;
shall be fined under this title or imprisoned not more than 5 
years, or both.

           *       *       *       *       *       *       *


CHAPTER 109A--SEXUAL ABUSE

           *       *       *       *       *       *       *


Sec. 2241. Aggravated sexual abuse

    (a) * * *

           *       *       *       *       *       *       *

        (c) With Children.--Whoever 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 in the special maritime and 
territorial jurisdiction of the United States or in a Federal 
prison, knowingly engages in a sexual act with another person 
who has not attained the age of 12 years, or knowingly engages 
in a sexual act under the circumstances described in 
subsections (a) and (b) with another person who has attained 
the age of 12 years but has not attained the age of 16 years 
(and is at least 4 years [younger than that person] younger 
than the person so engaging), or attempts to do so, shall be 
fined under this title, imprisoned for any term of years or 
life, or both. If the defendant has previously been convicted 
of another Federal offense under this subsection, or of a State 
offense that would have been an offense under either such 
provision had the offense occurred in a Federal prison, unless 
the death penalty is imposed, the defendant shall be sentenced 
to life in prison.

           *       *       *       *       *       *       *

    (e) Punishment for Repeat Offenders.--(1) Whoever has twice 
previously been convicted of a serious State or Federal sex 
crime and who--
            (A) violates this section; or
            (B) in a circumstance described in paragraph (2) of 
        this subsection, engages in conduct that would have 
        violated this section if the conduct had occurred in 
        the special maritime and territorial jurisdiction of 
        the United States;
shall be imprisoned for life.
    (2) The circumstance referred to in paragraph (1) of this 
subsection is that--
            (A) the person engaging in such conduct traveled in 
        interstate or foreign commerce or used the mail or any 
        facility or means of interstate or foreign commerce in 
        furtherance of the offense; or
            (B) such conduct occurs in or affects interstate or 
        foreign commerce and would have violated this section 
        if the conduct had occurred in the special maritime and 
        territorial jurisdiction of the United States.
    (f) Serious State or Federal Sex Crime.--For the purposes 
of subsections (e) and (f), the term serious State or Federal 
sex crime means a State or Federal offense for conduct which--
            (1) is an offense under this section or section 
        2242 of this title; or
            (2) would have been an offense under either of such 
        sections if the offense had occurred in the special 
        maritime or territorial jurisdiction of the United 
        States.

           *       *       *       *       *       *       *


Sec. 2243. Sexual abuse of a minor or ward

    (a) Of a Minor.--Whoever [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], in the special maritime and 
territorial jurisdiction of the United States or in a Federal 
prison, knowingly engages in a sexual act with another person 
who--
            (1) has attained the age of 12 years but has not 
        attained the age of 16 years; and
            (2) is at least four years younger than the person 
        so engaging;
or attempts to do so, shall be fined under this title, 
imprisoned not more than 15 years, or both.

           *       *       *       *       *       *       *


Sec. 2244. Abusive sexual contact

    (a) * * *

           *       *       *       *       *       *       *

    (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 provides in this section.

           *       *       *       *       *       *       *


Sec. 2246. Definitions for chapter

    As used in this chapter--
            (1) * * *

           *       *       *       *       *       *       *

            (5) the term ``official detention'' means--
                    (A) * * *
                    (B) custody by a Federal officer or 
                employee, or under the direction of a Federal 
                officer or employee, for purposes incident to 
                any detention described in subparagraph (A) of 
                this paragraph, including transportation, 
                medical diagnosis or treatment, court 
                appearance, work, and recreation;
        but does not include supervision or other control 
        (other than custody during specified hours or days) 
        after release on bail, probation, or parole, or after 
        release following a finding of juvenile delinquency[.];
            (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. 2247. Repeat offenders

    [Any person who violates a provision of this chapter, after 
one or more prior convictions for an offense punishable under 
this chapter, or after one or more prior convictions under the 
laws of any State relating to aggravated sexual abuse, sexual 
abuse, or abusive sexual contact have become final, is 
punishable by a term of imprisonment up to twice that otherwise 
authorized.]

Sec. 2247. Repeat offenders

    (a) 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) As used in this section, the term ``prior sex offense 
conviction'' has the meaning given that term in section 2425.

           *       *       *       *       *       *       *


      CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

Sec.
2251.  Sexual exploitation of children.
     * * * * * * *
2260A.  Use of interstate facilities to transmit information about a 
          minor.

Sec. 2251. Sexual exploitation of children

    (a) Any person who employs, uses, persuades, induces, 
entices, or coerces any minor to engage in, or who has a minor 
assist any other person to engage in, or who transports any 
minor in interstate or foreign commerce, or in any Territory or 
Possession of the United States, with the intent that such 
minor engage in, any sexually explicit conduct for the purpose 
of producing any visual depiction of such conduct, shall be 
punished as provided under subsection (d), if such person knows 
or has reason to know that such visual depiction will be 
transported in interstate or foreign commerce or mailed, if 
such visual depiction was produced with materials that had been 
mailed, shipped, or transported in interstate or foreign 
commerce by any means, including a computer, or if such visual 
depiction has actually been transported in interstate or 
foreign commerce or mailed.
    (b) Any parent, legal guardian, or person having custody or 
control of a minor who knowingly permits such minor to engage 
in, or to assist any other person to engage in, sexually 
explicit conduct for the purpose of producing any visual 
depiction of such conduct shall be punished as provided under 
subsection (d) of this section, if such parent, legal guardian, 
or person knows or has reason to know that such visual 
depiction will be transported in interstate or foreign commerce 
or mailed, if such visual depiction was produced with materials 
that had been mailed, shipped, or transported in interstate or 
foreign commerce by any means, including a computer, or if such 
visual depiction has actually been transported in interstate or 
foreign commerce or mailed.

           *       *       *       *       *       *       *

        (d) Any individual who violates, or attempts or 
conspires to violate, this section shall be fined under this 
title or imprisoned not less than 10 years nor more than 20 
years, or both, but if such person has one prior conviction 
under this chapter [or chapter 109A], chapter 109A, or chapter 
117, or under the laws of any State relating to the sexual 
exploitation of children, such person shall be fined under this 
title and imprisoned for not less than 15 years nor more than 
30 years, but if such person has 2 or more prior convictions 
under this chapter [or chapter 109A], chapter 109A, or chapter 
117, or under the laws of any State relating to the sexual 
exploitation of children, such person shall be fined under this 
title and imprisoned not less than 30 years nor more than life. 
Any organization that violates, or attempts or conspires to 
violate, this section shall be fined under this title. Whoever, 
in the course of an offense under this section, engages in 
conduct that results in the death of a person, shall be 
punished by death or imprisoned for any term of years or for 
life.

           *       *       *       *       *       *       *


Sec. 2252. Certain activities relating to material involving the sexual 
                    exploitation of minors

    (a) Any person who--
            (1) * * *

           *       *       *       *       *       *       *

            [(4) either--
                    [(A) in the special maritime and 
                territorial jurisdiction of the United States, 
                or on any land or building owned by, leased to, 
                or otherwise used by or under the control of 
                the Government of the United States, or in the 
                Indian country as defined in section 1151 of 
                this title, knowingly possesses 3 or more 
                books, magazines, periodicals, films, video 
                tapes, or other matter which contain any visual 
                depiction; or
                    [(B) knowingly possesses 3 or more books, 
                magazines, periodicals, films, video tapes, or 
                other matter which contain any visual depiction 
                that has been mailed, or has been shipped or 
                transported in interstate or foreign commerce, 
                or which was produced using materials which 
                have been mailed or so shipped or transported, 
                by any means including by computer, if--
                            [(i) the producing of such visual 
                        depiction involves the use of a minor 
                        engaging in sexually explicit conduct; 
                        and
                            [(ii) such visual depiction is of 
                        such conduct;]
            (4) either--
                    (A) in the special maritime and territorial 
                jurisdiction of the United States, or on any 
                land or building owned by, leased to, or 
                otherwise used by or under the control of the 
                Government of the United States, or in the 
                Indian country (as defined in section 1151 of 
                this title), knowingly possesses--
                            (i) 3 or more books, magazines, 
                        periodicals, computer disks, films, 
                        video tapes, or other matter that 
                        contain any visual depiction, if--
                                    (I) the producing of such 
                                visual depiction involves the 
                                use of a minor engaging in 
                                sexually explicit conduct; and
                                    (II) such visual depiction 
                                is of such conduct; or
                            (ii) any book, magazine, 
                        periodical, computer disk, film, 
                        videotape, computer disk, or any other 
                        material that contains 3 or more visual 
                        depictions, if--
                                    (I) the producing of each 
                                visual depiction involves the 
                                use of a minor engaging in 
                                sexually explicit conduct; and
                                    (II) each visual depiction 
                                is of such conduct; or
                    (B) knowingly possesses--
                            (i) 3 or more books, magazines, 
                        periodicals, computer disks, films, 
                        video tapes, or other matter that 
                        contain any visual depiction that has 
                        been mailed, or has been shipped or 
                        transported in interstate or foreign 
                        commerce, or which was produced using 
                        materials which have been mailed or so 
                        shipped or transported, by any means 
                        including by computer, if--
                                    (I) the producing of such 
                                visual depiction involves the 
                                use of a minor engaging in 
                                sexually explicit conduct; and
                                    (II) such visual depiction 
                                is of such conduct; or
                            (ii) any book, magazine, 
                        periodical, computer disk, film, 
                        videotape, computer disk, or any other 
                        material that contains 3 or more visual 
                        depictions, if--
                                    (I) the producing of each 
                                visual depiction involves the 
                                use of a minor engaging in 
                                sexually explicit conduct; and
                                    (II) each visual depiction 
                                is of such conduct;
shall be punished as provided in subsection (b) of this 
section.
    (b)(1) Whoever violates, or attempts or conspires to 
violate, paragraphs (1), (2), or (3) of subsection (a) shall be 
fined under this title or imprisoned not more than 15 years, or 
both, but if such person has a prior conviction under this 
chapter [or chapter 109A], chapter 109A, or chapter 117, or 
under the laws of any State relating to 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, such person shall be fined under this title and 
imprisoned for not less than 5 years nor more than 30 years.
        (2) Whoever violates, or attempts or conspires to 
violate, paragraph (4) of subsection (a) shall be fined under 
this title or imprisoned not more than 5 years, or both, but if 
the offense consisted of the possession of 50 or more items of 
the sort described in subsection (a)(4) or such person has a 
prior conviction under this chapter [or chapter 109A], chapter 
109A, or chapter 117, or under the laws of any State relating 
to the possession of child pornography, such person shall be 
fined under this title and imprisoned for not less than 2 years 
nor more than 10 years.

Sec. 2252A. Certain activities relating to material constituting or 
                    containing child pornography

    (a) * * *
    (b)(1) * * *
    (2) Whoever violates, or attempts or conspires to violate, 
subsection (a)(5) shall be fined under this title or imprisoned 
not more than 5 years, or both, but, if the offense consisted 
of the possession of 50 or more images of the sort described in 
subsection (a)(4) or such person has a prior conviction under 
this chapter or chapter 109A, or under the laws of any State 
relating to the possession of child pornography, such person 
shall be fined under this title and imprisoned for not less 
than 2 years nor more than 10 years.

           *       *       *       *       *       *       *


Sec. 2253. Criminal forfeiture

    (a) Property Subject to Criminal Forfeiture.--A person who 
is convicted of an offense under this chapter involving a 
visual depiction described in section 2251, 2251A, or 2252 of 
this chapter, or who is convicted of an offense under section 
2421, 2422, or 2423 of this title, shall forfeit to the United 
States such person's interest in--
            (1) * * *

           *       *       *       *       *       *       *


Sec. 2255. Civil remedy for personal injuries

    (a) Any minor who is a victim of a violation of section 
[2251 or 2252] 2241(c), 2243, 2251, 2252, 2421, 2422, or 2423 
of this title and who suffers personal injury as a result of 
such violation may sue in any appropriate United States 
District Court and shall recover the actual damages such minor 
sustains and the cost of the suit, including a reasonable 
attorney's fee. Any minor as described in the preceding 
sentence shall be deemed to have sustained damages of no less 
than $50,000 in value.
    (b) Any action commenced under this section shall be barred 
unless the complaint is filed within six years after the right 
of action first accrues or in the case of a person under a 
legal disability, not later than three years after the 
disability.

           *       *       *       *       *       *       *


Sec. 2260A. 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 
transmits, prints, publishes, or reproduces, or causes to be 
transmitted, printed, published, or reproduced, the name, 
address, telephone number, electronic mail address, or other 
identifying information of an individual who has not attained 
the age of 18 years for the purposes of facilitating, 
encouraging, offering, or soliciting any person to engage in 
any sexual activity for which any person may be criminally 
prosecuted, or attempts to do so, shall be fined under this 
title or imprisoned not more than 5 years, or both.

           *       *       *       *       *       *       *


  CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED 
                                 CRIMES

Sec.
2421.  Transportation generally.
     * * * * * * *
2425.  Repeat offenders.
2426.  Definition for chapter.

           *       *       *       *       *       *       *


Sec. 2422. Coercion and enticement

    (a) Whoever knowingly persuades, induces, entices, or 
coerces any individual to travel in interstate or foreign 
commerce, or in any Territory or Possession of the United 
States, to 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 or 
imprisoned not more than five years, or both. If the individual 
had not attained the age of 18 years at the time of the 
offense, the maximum imprisonment for an offense under this 
subsection is 10 years.
    (b) Whoever, using any facility or means of interstate or 
foreign commerce, including the mail, 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 act for which any person may be 
criminally prosecuted, or attempts to do so, shall be fined 
under this title or imprisoned not more than [10] 15 years, or 
both. If in the course of committing the offense under this 
subsection, the defendant used a computer to transmit a 
communication to the minor, the minimum term of imprisonment 
for the offense under this subsection is 3 years.
    (c) 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--
            (1) knowingly contacts an individual who has not 
        attained the age of 18 years; or
            (2) knowingly contacts an individual, who has been 
        represented to the person making the contact as not 
        having attained the age of 18 years;
for the purposes of engaging in any sexual activity, with a 
person who has not attained the age of 18 years, for which any 
person may be criminally prosecuted, or attempts to do so, 
shall be fined under this title or imprisoned not more than 5 
years, or both. It is a defense to a prosecution for an offense 
under this section that the sexual activity is prosecutable 
only because of the age of the individual contacted, the 
individual contacted had attained the age of 12 years, and the 
defendant was not more than 4 years older than the individual 
contacted.

[Sec. 2423. Transportation of minors

    [(a) Transportation With Intent To Engage in Criminal 
Sexual Activity.--A person who knowingly transports any 
individual under the age of 18 years in interstate or foreign 
commerce, or in any Territory or Possession of the United 
States, with intent that such individual engage in 
prostitution, or in any sexual activity for which any person 
can be charged with a criminal offense, shall be fined under 
this title or imprisoned not more than ten years, or both.
    [(b) Travel With Intent To Engage in Sexual Act With a 
Juvenile.--A person who travels in interstate commerce, or 
conspires to do so, or a United States citizen or an alien 
admitted for permanent residence in the United States who 
travels in foreign commerce, or conspires to do so, for the 
purpose of engaging in any sexual act (as defined in section 
2246) with a person under 18 years of age that would be in 
violation of chapter 109A if the sexual act occurred in the 
special maritime and territorial jurisdiction of the United 
States shall be fined under this title, imprisoned not more 
than 10 years, or both.]

Sec. 2423. Transportation of minors and assumed minors

    (a) Transportation With Intent To Engage in Criminal Sexual 
Activity.--A person who knowingly--
            (1) transports an individual who has not attained 
        the age of 18 years; or
            (2) transports an individual who has been 
        represented to the person doing that transportation as 
        not having attained the age of 18 years;
in interstate or foreign commerce, or in any Territory or 
Possession of the United States, with intent that the 
individual engage in prostitution, or in any sexual activity 
for which any person can be charged with a criminal offense, 
shall be fined under this title or imprisoned not more than 15 
years, or both.
    (b) Travel With Intent To Engage in Sexual Act With a 
Juvenile.--A person who travels in interstate commerce, or 
conspires to do so, or a United States citizen or an alien 
admitted for permanent residence in the United States who 
travels in foreign commerce, or conspires to do so, for the 
purpose of engaging in any sexual activity, with another person 
who has not attained the age of 18 years or who has been 
represented to the traveler or conspirator as not having 
attained the age of 18 years, for which any person can be 
charged with a criminal offense, shall be fined under this 
title, imprisoned not more than 15 years, or both.

           *       *       *       *       *       *       *


Sec. 2425. Repeat offenders

    (a) 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) As used in this section, the term ``prior sex offense 
conviction'' means a conviction for an offense--
            (1) under this chapter or chapter 109A or 110; or
            (2) 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 or in any Territory 
        or Possession of the United States.

Sec. 2426. Definition for chapter

    For the purposes of this chapter, 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).

           *       *       *       *       *       *       *


PART II--CRIMINAL PROCEDURE

           *       *       *       *       *       *       *


                   CHAPTER 203--ARREST AND COMMITMENT

Sec.
3041.  Power of courts and magistrates.
     * * * * * * *
3064.  Administrative subpoenas.

           *       *       *       *       *       *       *


Sec. 3064. Administrative subpoenas

    (a) Authorization of Use.--In an investigation of an 
alleged violation of section 2241(c), 2243, 2421, 2422, or 2423 
of this title where a victim is an individual who has not 
attained the age of 18 years, the Attorney General may subpoena 
witnesses, compel the production of any records (including 
books, papers, documents, eletronic data, and other tangible 
things which constitute or contain evidence) which the Attorney 
General finds relevant or material to the investigation. The 
attendance of witnesses and the production of records may be 
required from any place in any State or in any territory or 
other place subject to the jurisdiction of the United States at 
any designated place of hearing, except that a witness shall 
not be required to appear at any hearing more than 500 miles 
distant from the place where the witness was served with a 
subpoena. Witnesses summoned under this section shall be paid 
the same fees and commissions that are paid witnesses in the 
courts of the United States.
    (b) Service.--A subpoena issued under this section may be 
served by any person designated in the subpoena to serve it. 
Service upon a natural person may be made by personal delivery 
of the subpoena to that person or by certified mail with return 
receipt requested. Service may be made upon a domestic or 
foreign corporation or upon a partnership or other 
unincorporated association which is subject to suit under a 
common name, by delivering the subpoena to an officer, to a 
managing or general agent, or any other agent authorized by 
appointment or by law to receive service of process. The 
affidavit of the person serving the subpoena entered on a true 
copy thereof by the person serving it shall be proof of 
service.
    (c) Enforcement.--In the case of contumacy by or the 
refusal to obey a subpoena issued to any person under this 
section, the Attorney General may invoke the aid of any court 
of the United States within the jurisdiction of which the 
investigation is carried on, or of which the person is an 
inhabitant or in which the person carries on business or may be 
found, to compel compliance with the subpoena. The court may 
issue an order requiring the subpoenaed person to appear before 
the Attorney General to produce records, if so ordered, or to 
give testimony regarding the matter under investigation. Any 
failure to obey the order of the court may be punished by the 
court as contempt thereof. All process in any such case may be 
served in any judicial district in which such person may be 
found.

           *       *       *       *       *       *       *


CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

           *       *       *       *       *       *       *


Sec. 3156. Definitions

    (a) As used in sections 3141-3150 of this chapter--
            (1) * * *

           *       *       *       *       *       *       *

            (4) the term ``crime of violence'' means--
                    (A) an offense that has as an element of 
                the offense the use, attempted use, or 
                threatened use of physical force against the 
                person or property of another;
                    (B) any other offense that is a felony and 
                that, by its nature, involves a substantial 
                risk that physical force against the person or 
                property of another may be used in the course 
                of committing the offense; or
            [(C) any felony under chapter 109A or chapter 110; 
        and]
                    (C) any felony under chapter 109A, 110, or 
                117, or section 2252A or 2260; and

           *       *       *       *       *       *       *


CHAPTER 227--SENTENCES

           *       *       *       *       *       *       *


SUBCHAPTER A--GENERAL PROVISIONS

           *       *       *       *       *       *       *


Sec. 3559. Sentencing classification of offenses

    (a) * * *

           *       *       *       *       *       *       *

    (d) Death or Imprisonment for Crimes Against Children.--
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 2251 
shall, unless the sentence of death is imposed, be sentenced to 
imprisonment for life, if the victim of the offense is under 14 
years of age, the victim dies as a result of the offense, and 
the defendant, in the course of the offense, engages in conduct 
described in section 3591(a)(2).

           *       *       *       *       *       *       *

                              ----------                              


TITLE 28, UNITED STATES CODE

           *       *       *       *       *       *       *


PART II--DEPARTMENT OF JUSTICE

           *       *       *       *       *       *       *


              CHAPTER 33--FEDERAL BUREAU OF INVESTIGATION

Sec.
531. Federal Bureau of Investigation.
     * * * * * * *
540B. Investigation of serial killings.

           *       *       *       *       *       *       *


Sec. 540B. Investigation of serial killings

    (a) The Attorney General and the Federal Bureau of 
Investigation may investigate serial killings in violation of 
the laws of a State or political subdivision, when such 
investigation is requested by the head of a law enforcement 
agency with investigative or prosecutive jurisdiction over the 
offense.
    (b) For purposes of this section--
            (1) the term ``serial killings'' means a series of 
        3 or more killings, at least one 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;
            (2) the term ``killing'' means conduct that would 
        constitute an offense under section 1111 of title 18, 
        United States Code, if Federal jurisdiction existed; 
        and
            (3) the term ``State'' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
                              ----------                              


VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994

           *       *       *       *       *       *       *


TITLE XVII--CRIMES AGAINST CHILDREN

           *       *       *       *       *       *       *


              [Subtitle C--Missing and Exploited Children

[SEC. 170301. SHORT TITLE.

    [This subtitle may be cited as the ``Morgan P. Hardiman 
Task Force on Missing and Exploited Children Act''.

[SEC. 170302. PURPOSE.

    [The purpose of this subtitle is to establish a task force 
comprised of law enforcement officers from pertinent Federal 
agencies to work with the National Center for Missing and 
Exploited Children (referred to as the ``Center'') and 
coordinate the provision of Federal law enforcement resources 
to assist State and local authorities in investigating the most 
difficult cases of missing and exploited children.

[SEC. 170303. ESTABLISHMENT OF TASK FORCE.

    [Title IV of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5771 et seq.) is amended--
            [(1) by redesignating sections 407 and 408 as 
        sections 408 and 409, respectively; and
            [(2) by inserting after section 406 the following 
        new section:

                             [``task force

    [``Sec. 407. (a) Establishment.--There is established a 
Missing and Exploited Children's Task Force (referred to as the 
``Task Force'').
    [``(b) Membership.--
            [``(1) In general.--The Task Force shall include at 
        least 2 members from each of--
                    [``(A) the Federal Bureau of Investigation;
                    [``(B) the Secret Service;
                    [``(C) the Bureau of Alcohol, Tobacco and 
                Firearms;
                    [``(D) the United States Customs Service;
                    [``(E) the Postal Inspection Service;
                    [``(F) the United States Marshals Service; 
                and
                    [``(G) the Drug Enforcement Administration.
            [``(2) Chief.--A representative of the Federal 
        Bureau of Investigation (in addition to the members of 
        the Task Force selected under paragraph (1)(A)) shall 
        act as chief of the Task Force.
            [``(3) Selection.--(A) The Director of the Federal 
        Bureau of Investigation shall select the chief of the 
        Task Force.
            [``(B) The heads of the agencies described in 
        paragraph (1) shall submit to the chief of the Task 
        Force a list of at least 5 prospective Task Force 
        members, and the chief shall select 2, or such greater 
        number as may be agreeable to an agency head, as Task 
        Force members.
            [``(4) Professional qualifications.--The members of 
        the Task Force shall be law enforcement personnel 
        selected for their expertise that would enable them to 
        assist in the investigation of cases of missing and 
        exploited children.
            [``(5) Status.--A member of the Task Force shall 
        remain an employee of his or her respective agency for 
        all purposes (including the purpose of performance 
        review), and his or her service on the Task Force shall 
        be without interruption or loss of civil service 
        privilege or status and shall be on a nonreimbursable 
        basis.
            [``(6) Period of service.--(A) Subject to 
        subparagraph (B), 1 member from each agency shall 
        initially serve a 1-year term, and the other member 
        from the same agency shall serve a 1-year term, and may 
        be selected to a renewal of service for 1 additional 
        year; thereafter, each new member to serve on the Task 
        Force shall serve for a 2-year period with the member's 
        term of service beginning and ending in alternate years 
        with the other member from the same agency; the period 
        of service for the chief of the Task Force shall be 3 
        years.
            [``(B) The chief of the Task Force may at any time 
        request the head of an agency described in paragraph 
        (1) to submit a list of 5 prospective Task Force 
        members to replace a member of the Task Force, for the 
        purpose of maintaining a Task Force membership that 
        will be able to meet the demands of its caseload.
    [``(c) Support.--
            [``(1) In general.--The Administrator of the 
        General Services Administration, in coordination with 
        the heads of the agencies described in subsection 
        (b)(1), shall provide the Task Force office space and 
        administrative and support services, such office space 
        to be in close proximity to the office of the Center, 
        so as to enable the Task Force to coordinate its 
        activities with that of the Center on a day-to-day 
        basis.
            [``(2) Legal guidance.--The Attorney General shall 
        assign an attorney to provide legal guidance, as 
        needed, to members of the Task Force.
    [``(d) Purpose.--
            [``(1) In general.--The purpose of the Task Force 
        shall be to make available the combined resources and 
        expertise of the agencies described in paragraph (1) to 
        assist State and local governments in the most 
        difficult missing and exploited child cases nationwide, 
        as identified by the chief of the Task Force from time 
        to time, in consultation with the Center, and as many 
        additional cases as resources permit, including the 
        provision of assistance to State and local 
        investigators on location in the field.
            [``(2) Technical assistance.--The role of the Task 
        Force in any investigation shall be to provide advice 
        and technical assistance and to make available the 
        resources of the agencies described in subsection 
        (b)(1); the Task Force shall not take a leadership role 
        in any such investigation.
    [``(e) Cross-Designation of Task Force Members.--The 
Attorney General may cross-designate the members of the Task 
Force with jurisdiction to enforce Federal law related to child 
abduction to the extent necessary to accomplish the purposes of 
this section.''.]

           *       *       *       *       *       *       *


                     Dissenting Views on H.R. 3494

    Because there is no evidence that harsher mandatory minimum 
penalties deter crime, because the United States Sentencing 
Commission is the proper body to determine whether existing 
sentences are sufficient, and because draconian penalties tend 
to disproportionately affect African-Americans, we oppose the 
new mandatory minimums created by this legislation.
    The majority has offered no evidence that these new 
mandatory minimums will have any deterrent effect or that the 
existing penalties are insufficient to deter the crimes. The 
Sentencing Commission, the body charged by Congress with 
monitoring the federal sentencing system and with changing the 
guidelines as necessary, has never suggested changes to the 
penalties at issue in this bill. In addition, sentencing issues 
are best left to the discretion of judges, who have an 
opportunity to hear the specific facts of each case, allowing 
them to impose more intelligent and informed sentences.
    Moreover, at least one of the new penalties is completely 
illogical. Why create a 3 year mandatory minimum for persuading 
a minor to cross state lines to participate in a sex act by 
computer? Why is this more serious than persuading the minor to 
participate in such activity either over the telephone or in 
person? This sort of nonsensical penalty undermines respect for 
the criminal justice system overall.
    Finally, punishment by slogan--such as ``truth-in-
sentencing'' and ``three strikes and you're out''--has led to 
some of the most violent criminals, including Richard Allen 
Davis, the notorious murderer of California teenager Polly 
Klass, being freed from prison because ``tough on crime'' 
slogans increase punishment in general, but frequently lead to 
a reduction in the sentences for the highest risk prisoners.
    Everyone from the U.S. Sentencing Commission to the RAND 
Center has concluded that mandatory minimum sentences are 
wasteful and counterproductive. The Judiciary Committee should 
be repealing mandatory minimums, not adding new ones to the 
books.

                                   Robert C. Scott.
                                   Melvin L. Watt.

                              
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