[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.