[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3494 Enrolled Bill (ENR)]
H.R.3494
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
eight
An Act
To amend title 18, United States Code, to protect children from sexual
abuse and exploitation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

c9aae490192444331203bc431ebf47cdae77a34fa058fac977f58a6897b2bb8e

(a) Short Title.--This Act may be cited as the ``Protection of
Children From Sexual Predators Act of 1998''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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information about a minor for criminal sexual purposes.

6b562aa2398c94513167d6ad80b0a05b7f77bb37c1d457b9cd41e48693858b35

TITLE I

-PROTECTION OF CHILDREN FROM PREDATORS

minors for illegal sexual activity and related crimes.

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definition of sexual activity for which any person can be
charged with a criminal offense.

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3e6827d1f843bc6492bcc4b8eb6e4b917022b726b0163ce99b6e6697ea1db28a

TITLE II

-PROTECTION OF CHILDREN FROM CHILD PORNOGRAPHY

ecde46d457a19ccaaa541a55f4d43ab605f9b3653d59d2759a454ae9ea0fa6b2

TITLE IV

-PROHIBITION ON TRANSFER OF OBSCENE MATERIAL TO MINORS

42f29f1096f16bda5f36cfba7e4934fc063c5134d94e732c9bc6d5470ec99b16

TITLE V

-INCREASED PENALTIES FOR OFFENSES AGAINST CHILDREN AND FOR

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TITLE VI

-CRIMINAL, PROCEDURAL, AND ADMINISTRATIVE REFORMS

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violent offender registration requirements.

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e4f6b1edb40a1c5776149b614fdb671be74c2c70a1a83f8a4e40e3ff3f1cfbdc

TITLE VII

-MURDER AND KIDNAPPING INVESTIGATIONS

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TITLE IX

-STUDIES

INFORMATION ABOUT A MINOR FOR CRIMINAL SEXUAL PURPOSES.
(a) In General.--Chapter 117 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2425. Use of interstate facilities to transmit information about
a minor
``Whoever, using the mail or any facility or means of interstate or
foreign commerce, or within the special maritime and territorial
jurisdiction of the United States, knowingly initiates the transmission
of the name, address, telephone number, social security number, or
electronic mail address of another individual, knowing that such other
individual has not attained the age of 16 years, with the intent to
entice, encourage, offer, or solicit any person to engage in any sexual
activity for which any person can be charged with a criminal offense,
or attempts to do so, shall be fined under this title, imprisoned not
more than 5 years, or both.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
117 of title 18, United States Code, is amended by adding at the end
the following:
``2425. Use of interstate facilities to transmit information about a
minor.''.

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Section 2422 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or attempts to do so,'' before ``shall
be fined''; and
(B) by striking ``five'' and inserting ``10''; and
(2) by striking subsection (b) and inserting the following:
``(b) Whoever, using the mail or any facility or means of
interstate or foreign commerce, or within the special maritime and
territorial jurisdiction of the United States knowingly persuades,
induces, entices, or coerces any individual who has not attained the
age of 18 years, to engage in prostitution or any sexual activity for
which any person can be charged with a criminal offense, or attempts to
do so, shall be fined under this title, imprisoned not more than 15
years, or both.''.

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MINORS FOR ILLEGAL SEXUAL ACTIVITY AND RELATED CRIMES.
Section 2423 of title 18, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Transportation With Intent To Engage in Criminal Sexual
Activity.--A person who knowingly transports an individual who has not
attained the age of 18 years in interstate or foreign commerce, or in
any commonwealth, territory or possession of the United States, with
intent that the individual engage in prostitution, or in any sexual
activity for which any person can be charged with a criminal offense,
or attempts to do so, shall be fined under this title, imprisoned not
more than 15 years, or both.''; and
(2) in subsection (b), by striking ``10 years'' and inserting
``15 years''.

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(a) In General.--Chapter 117 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2426. Repeat offenders
``(a) Maximum Term of Imprisonment.--The maximum term of
imprisonment for a violation of this chapter after a prior sex offense
conviction shall be twice the term of imprisonment otherwise provided
by this chapter.
``(b) Definitions.--In this section--
``(1) the term `prior sex offense conviction' means a
conviction for an offense--
``(A) under this chapter, chapter 109A, or chapter 110; or
``(B) under State law for an offense consisting of conduct
that would have been an offense under a chapter referred to in
paragraph (1) if the conduct had occurred within the special
maritime and territorial jurisdiction of the United States; and
``(2) the term `State' means a State of the United States, the
District of Columbia, and any commonwealth, territory, or
possession of the United States.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
117 of title 18, United States Code, is amended by adding at the end
the following:
``2426. Repeat offenders.''.

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DEFINITION OF SEXUAL ACTIVITY FOR WHICH ANY PERSON CAN BE
CHARGED WITH A CRIMINAL OFFENSE.
(a) In General.--Chapter 117 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2427. Inclusion of offenses relating to child pornography in
definition of sexual activity for which any person can be
charged with a criminal offense
``In this chapter, the term `sexual activity for which any person
can be charged with a criminal offense' includes the production of
child pornography, as defined in section 2256(8).''.
(b) Technical and Conforming Amendment.--The analysis for chapter
117 of title 18, United States Code, is amended by adding at the end
the following:
``2427. Inclusion of offenses relating to child pornography in
definition of sexual activity for which any person can be
charged with a criminal offense.''.

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Section 2421 of title 18, United States Code, is amended--
(1) by inserting ``or attempts to do so,'' before ``shall be
fined''; and
(2) by striking ``five years'' and inserting ``10 years''.

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OF CHILD PORNOGRAPHY.
(a) Use of a Child.--Section 2251(a) of title 18, United States
Code, is amended by inserting ``if that visual depiction was produced
using materials that have been mailed, shipped, or transported in
interstate or foreign commerce by any means, including by computer,''
before ``or if''.
(b) Allowing Use of a Child.--Section 2251(b) of title 18, United
States Code, is amended by inserting ``, if that visual depiction was
produced using materials that have been mailed, shipped, or transported
in interstate or foreign commerce by any means, including by
computer,'' before ``or if''.
(c) Increased Penalties in Section 2251(d).--Section 2251(d) of
title 18, United States Code, is amended by striking ``or chapter
109A'' each place it appears and inserting ``, chapter 109A, or chapter
117''.

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(a) Increased Penalties in Section 2252.--Section 2252(b) of title
18, United States Code, is amended--
(1) in each of paragraphs (1) and (2), by striking ``or chapter
109A'' and inserting ``, chapter 109A, or chapter 117''; and
(2) in paragraph (2), by striking ``the possession of child
pornography'' and inserting ``aggravated sexual abuse, sexual
abuse, or abusive sexual conduct involving a minor or ward, or the
production, possession, receipt, mailing, sale, distribution,
shipment, or transportation of child pornography''.
(b) Increased Penalties in Section 2252A.--Section 2252A(b) of
title 18, United States Code, is amended--
(1) in each of paragraphs (1) and (2), by striking ``or chapter
109A'' and inserting ``, chapter 109A, or chapter 117''; and
(2) in paragraph (2), by striking ``the possession of child
pornography'' and inserting ``aggravated sexual abuse, sexual
abuse, or abusive sexual conduct involving a minor or ward, or the
production, possession, receipt, mailing, sale, distribution,
shipment, or transportation of child pornography''.

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

0fbc2317880e6d2da7aeeaed3614a8c7342f0a794dfe82ac29d8b5ec340e9479

(a) Making Consistent Language on Age Differential.--Section
2241(c) of title 18, United States Code, is amended by striking
``younger than that person'' and inserting ``younger than the person so
engaging''.
(b) Redundancy.--Section 2243(a) of title 18, United States Code,
is amended by striking ``crosses a State line with intent to engage in
a sexual act with a person who has not attained the age of 12 years,
or''.
(c) State Defined.--Section 2246 of title 18, United States Code,
is amended--
(1) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(2) by adding at the end the following:
``(6) the term `State' means a State of the United States, the
District of Columbia, and any commonwealth, possession, or
territory of the United States.''.

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TITLE III

-SEXUAL ABUSE PREVENTION

Section 2244 of title 18, United States Code, is amended by adding
at the end the following:
``(c) Offenses Involving Young Children.--If the sexual contact
that violates this section is with an individual who has not attained
the age of 12 years, the maximum term of imprisonment that may be
imposed for the offense shall be twice that otherwise provided in this
section.''.

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Section 2247 of title 18, United States Code, is amended to read as
follows:
``Sec. 2247. Repeat offenders
``(a) Maximum Term of Imprisonment.--The maximum term of
imprisonment for a violation of this chapter after a prior sex offense
conviction shall be twice the term otherwise provided by this chapter.
``(b) Prior Sex Offense Conviction Defined.--In this section, the
term `prior sex offense conviction' has the meaning given that term in
section 2426(b).''.

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(a) In General.--Chapter 71 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1470. Transfer of obscene material to minors
``Whoever, using the mail or any facility or means of interstate or
foreign commerce, knowingly transfers obscene matter to another
individual who has not attained the age of 16 years, knowing that such
other individual has not attained the age of 16 years, or attempts to
do so, shall be fined under this title, imprisoned not more than 10
years, or both.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
71 of title 18, United States Code, is amended by adding at the end the
following:
``1470. Transfer of obscene material to minors.''.
REPEAT OFFENDERS

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ARE CHILDREN.
Section 3559 of title 18, United States Code, is amended by adding
at the end the following:
``(d) Death or Imprisonment for Crimes Against Children.--
``(1) In general.--Subject to paragraph (2) and notwithstanding
any other provision of law, a person who is convicted of a Federal
offense that is a serious violent felony (as defined in subsection
(c)) or a violation of section 2422, 2423, or 2251 shall, unless
the sentence of death is imposed, be sentenced to imprisonment for
life, if--
``(A) the victim of the offense has not attained the age of
14 years;
``(B) the victim dies as a result of the offense; and
``(C) the defendant, in the course of the offense, engages
in conduct described in section 3591(a)(2).
``(2) Exception.--With respect to a person convicted of a
Federal offense described in paragraph (1), the court may impose
any lesser sentence that is authorized by law to take into account
any substantial assistance provided by the defendant in the
investigation or prosecution of another person who has committed an
offense, in accordance with the Federal Sentencing Guidelines and
the policy statements of the Federal Sentencing Commission pursuant
to section 994(p) of title 28, or for other good cause.''.

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(a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, the United States Sentencing Commission
shall review and amend the Federal Sentencing Guidelines to provide a
sentencing enhancement for offenses under chapter 117 of title 18,
United States Code.
(b) Instruction to Commission.--In carrying out subsection (a), the
United States Sentencing Commission shall ensure that the sentences,
guidelines, and policy statements for offenders convicted of offenses
described in subsection (a) are appropriately severe and reasonably
consistent with other relevant directives and with other Federal
Sentencing Guidelines.

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OR EXPLOITATION OF A CHILD.
Pursuant to its authority under section 994(p) of title 28, United
States Code, the United States Sentencing Commission shall--
(1) review the Federal Sentencing Guidelines for--
(A) aggravated sexual abuse under section 2241 of title 18,
United States Code;
(B) sexual abuse under section 2242 of title 18, United
States Code;
(C) sexual abuse of a minor or ward under section 2243 of
title 18, United States Code; and
(D) coercion and enticement of a minor under section
2422(b) of title 18, United States Code, contacting a minor
under section 2422(c) of title 18, United States Code, and
transportation of minors and travel under section 2423 of title
18, United States Code; and
(2) upon completion of the review under paragraph (1),
promulgate amendments to the Federal Sentencing Guidelines to
provide appropriate enhancement if the defendant used a computer
with the intent to persuade, induce, entice, coerce, or facilitate
the transport of a child of an age specified in the applicable
provision of law referred to in paragraph (1) to engage in any
prohibited sexual activity.

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SEXUAL ABUSE OR EXPLOITATION OF A CHILD.
Pursuant to its authority under section 994(p) of title 28, United
States Code, the United States Sentencing Commission shall--
(1) review the Federal Sentencing Guidelines on aggravated
sexual abuse under section 2241 of title 18, United States Code,
sexual abuse under section 2242 of title 18, United States Code,
sexual abuse of a minor or ward under section 2243 of title 18,
United States Code, coercion and enticement of a minor under
section 2422(b) of title 18, United States Code, contacting a minor
under section 2422(c) of title 18, United States Code, and
transportation of minors and travel under section 2423 of title 18,
United States Code; and
(2) upon completion of the review under paragraph (1),
promulgate amendments to the Federal Sentencing Guidelines to
provide appropriate enhancement if the defendant knowingly
misrepresented the actual identity of the defendant with the intent
to persuade, induce, entice, coerce, or facilitate the transport of
a child of an age specified in the applicable provision of law
referred to in paragraph (1) to engage in a prohibited sexual
activity.

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EXPLOITATION OF CHILDREN.
Pursuant to its authority under section 994(p) of title 28, United
States Code, the United States Sentencing Commission shall--
(1) review the Federal Sentencing Guidelines on aggravated
sexual abuse under section 2241 of title 18, United States Code,
sexual abuse under section 2242 of title 18, United States Code,
sexual abuse of a minor or ward under section 2243 of title 18,
United States Code, coercion and enticement of a minor under
section 2422(b) of title 18, United States Code, contacting a minor
under section 2422(c) of title 18, United States Code, and
transportation of minors and travel under section 2423 of title 18,
United States Code; and
(2) upon completion of the review under paragraph (1),
promulgate amendments to the Federal Sentencing Guidelines to
increase penalties applicable to the offenses referred to in
paragraph (1) in any case in which the defendant engaged in a
pattern of activity involving the sexual abuse or exploitation of a
minor.

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Pursuant to its authority under section 994(p) of title 28, United
States Code, the United States Sentencing Commission shall--
(1) review the Federal Sentencing Guidelines relating to the
distribution of pornography covered under chapter 110 of title 18,
United States Code, relating to the sexual exploitation and other
abuse of children; and
(2) upon completion of the review under paragraph (1),
promulgate such amendments to the Federal Sentencing Guidelines as
are necessary to clarify that the term ``distribution of
pornography'' applies to the distribution of pornography--
(A) for monetary remuneration; or
(B) for a nonpecuniary interest.

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In carrying out this title, the United States Sentencing Commission
shall--
(1) with respect to any action relating to the Federal
Sentencing Guidelines subject to this title, ensure reasonable
consistency with other guidelines of the Federal Sentencing
Guidelines; and
(2) with respect to an offense subject to the Federal
Sentencing Guidelines, avoid duplicative punishment under the
Federal Sentencing Guidelines for substantially the same offense.

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Section 3156(a)(4) of title 18, United States Code, is amended by
striking subparagraph (C) and inserting the following:
``(C) any felony under chapter 109A, 110, or 117; and''.

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Section 2253 of title 18, United States Code, is amended by
striking ``or 2252 of this chapter'' and inserting ``2252, 2252A, or
2260 of this chapter, or who is convicted of an offense under section
2421, 2422, or 2423 of chapter 117,''.

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Section 2254(a) of title 18, United States Code, is amended--
(1) in paragraph (2), by striking ``or 2252 of this chapter''
and inserting ``2252, 2252A, or 2260 of this chapter, or used or
intended to be used to commit or to promote the commission of an
offense under section 2421, 2422, or 2423 of chapter 117,''; and
(2) in paragraph (3), by striking ``or 2252 of this chapter''
and inserting ``2252, 2252A, or 2260 of this chapter, or obtained
from a violation of section 2421, 2422, or 2423 of chapter 117,''.

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SERVICE PROVIDERS.
(a) In General.--The Victims of Child Abuse Act of 1990 (42 U.S.C.
13001 et seq.) is amended by inserting after section 226 the following:
``SEC. 227. REPORTING OF CHILD PORNOGRAPHY BY ELECTRONIC COMMUNICATION
SERVICE PROVIDERS.
``(a) Definitions.--In this section--
``(1) the term `electronic communication service' has the
meaning given the term in section 2510 of title 18, United States
Code; and
``(2) the term `remote computing service' has the meaning given
the term in section 2711 of title 18, United States Code.
``(b) Requirements.--
``(1) Duty to report.--Whoever, while engaged in providing an
electronic communication service or a remote computing service to
the public, through a facility or means of interstate or foreign
commerce, obtains knowledge of facts or circumstances from which a
violation of section 2251, 2251A, 2252, 2252A, or 2260 of title 18,
United States Code, involving child pornography (as defined in
section 2256 of that title), is apparent, shall, as soon as
reasonably possible, make a report of such facts or circumstances
to a law enforcement agency or agencies designated by the Attorney
General.
``(2) Designation of agencies.--Not later than 180 days after
the date of enactment of this section, the Attorney General shall
designate the law enforcement agency or agencies to which a report
shall be made under paragraph (1).
``(3) Failure to report.--A provider of electronic
communication services or remote computing services described in
paragraph (1) who knowingly and willfully fails to make a report
under that paragraph shall be fined--
``(A) in the case of an initial failure to make a report,
not more than $50,000; and
``(B) in the case of any second or subsequent failure to
make a report, not more than $100,000.
``(c) Civil Liability.--No provider or user of an electronic
communication service or a remote computing service to the public shall
be held liable on account of any action taken in good faith to comply
with this section.
``(d) Limitation of Information or Material Required in Report.--A
report under subsection (b)(1) may include additional information or
material developed by an electronic communication service or remote
computing service, except that the Federal Government may not require
the production of such information or material in that report.
``(e) Monitoring Not Required.--Nothing in this section may be
construed to require a provider of electronic communication services or
remote computing services to engage in the monitoring of any user,
subscriber, or customer of that provider, or the content of any
communication of any such person.
``(f) Conditions of Disclosure of Information Contained Within
Report.--
``(1) In general.--No law enforcement agency that receives a
report under subsection (b)(1) shall disclose any information
contained in that report, except that disclosure of such
information may be made--
``(A) to an attorney for the government for use in the
performance of the official duties of the attorney;
``(B) to such officers and employees of the law enforcement
agency, as may be necessary in the performance of their
investigative and recordkeeping functions;
``(C) to such other government personnel (including
personnel of a State or subdivision of a State) as are
determined to be necessary by an attorney for the government to
assist the attorney in the performance of the official duties
of the attorney in enforcing Federal criminal law; or
``(D) as permitted by a court at the request of an attorney
for the government, upon a showing that such information may
disclose a violation of State criminal law, to an appropriate
official of a State or subdivision of a State for the purpose
of enforcing such State law.
``(2) Definitions.--In this subsection, the terms `attorney for
the government' and `State' have the meanings given those terms in
Rule 54 of the Federal Rules of Criminal Procedure.''.
(b) Exception to Prohibition on Disclosure.--Section 2702(b)(6) of
title 18, United States Code, is amended to read as follows:
``(6) to a law enforcement agency--
``(A) if the contents--
``(i) were inadvertently obtained by the service
provider; and
``(ii) appear to pertain to the commission of a crime;
or
``(B) if required by section 227 of the Crime Control Act
of 1990.''.

6c59e53ea2f3f8cb8e12b7ac7ba4608fa57d2cab90d8f208d06c76133e1864fc

CRIMES AGAINST CHILDREN.
Section 2255(a) of title 18, United States Code, is amended by
striking ``2251 or 2252'' and inserting ``2241(c), 2242, 2243, 2251,
2251A, 2252, 2252A, 2260, 2421, 2422, or 2423''.

4b21237ed80b52bd6ab6fa8260e590a40b40b5865c8abab1f090dd1df5c13df2

(a) In General.--Chapter 223 of title 18, United States Code, is
amended--
(1) in section 3486, by striking the section designation and
heading and inserting the following:
``Sec. 3486. Administrative subpoenas in Federal health care
investigations''; and
(2) by adding at the end the following:
``Sec. 3486A. Administrative subpoenas in cases involving child abuse
and child sexual exploitation
``(a) Authorization.--
``(1) In general.--In any investigation relating to any act or
activity involving a violation of section 1201, 2241(c), 2242,
2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this
title in which the victim is an individual who has not attained the
age of 18 years, the Attorney General, or the designee of the
Attorney General, may issue in writing and cause to be served a
subpoena--
``(A) requiring a provider of electronic communication
service or remote computing service to disclose the name,
address, local and long distance telephone toll billing
records, telephone number or other subscriber number or
identity, and length of service of a subscriber to or customer
of such service and the types of services the subscriber or
customer utilized, which may be relevant to an authorized law
enforcement inquiry; or
``(B) requiring a custodian of records to give testimony
concerning the production and authentication of such records or
information.
``(2) Attendance of witnesses.--Witnesses summoned under this
section shall be paid the same fees and mileage that are paid
witnesses in the courts of the United States.
``(b) Procedures Applicable.--The same procedures for service and
enforcement as are provided with respect to investigative demands in
section 3486 apply with respect to a subpoena issued under this
section.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
223 of title 18, United States Code, is amended by striking the item
relating to section 3486 and inserting the following:
``3486. Administrative subpoenas in Federal health care investigations.
``3486A. Administrative subpoenas in cases involving child abuse and
child sexual exploitation.''.

adbce4d3d2b2f84344a2ee0b5bb158e8e090c05a80821153247adcc2f2774e06

VIOLENT OFFENDER REGISTRATION REQUIREMENTS.
(a) In General.--Section 170101 of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended--
(1) by redesignating the second subsection designated as
subsection (g) as subsection (h); and
(2) by adding at the end the following:
``(i) Grants to States for Costs of Compliance.--
``(1) Program authorized.--
``(A) In general.--The Director of the Bureau of Justice
Assistance (in this subsection referred to as the `Director')
shall carry out a program, which shall be known as the `Sex
Offender Management Assistance Program' (in this subsection
referred to as the `SOMA program'), under which the Director
shall award a grant to each eligible State to offset costs
directly associated with complying with this section.
``(B) Uses of funds.--Each grant awarded under this
subsection shall be--
``(i) distributed directly to the State for
distribution to State and local entities; and
``(ii) used for training, salaries, equipment,
materials, and other costs directly associated with
complying with this section.
``(2) Eligibility.--
``(A) Application.--To be eligible to receive a grant under
this subsection, the chief executive of a State shall, on an
annual basis, submit to the Director an application (in such
form and containing such information as the Director may
reasonably require) assuring that--
``(i) the State complies with (or made a good faith
effort to comply with) this section; and
``(ii) where applicable, the State has penalties
comparable to or greater than Federal penalties for crimes
listed in this section, except that the Director may waive
the requirement of this clause if a State demonstrates an
overriding need for assistance under this subsection.
``(B) Regulations.--
``(i) In general.--Not later than 90 days after the
date of enactment of this subsection, the Director shall
promulgate regulations to implement this subsection
(including the information that must be included and the
requirements that the States must meet) in submitting the
applications required under this subsection. In allocating
funds under this subsection, the Director may consider the
annual number of sex offenders registered in each eligible
State's monitoring and notification programs.
``(ii) Certain training programs.--Prior to
implementing this subsection, the Director shall study the
feasibility of incorporating into the SOMA program the
activities of any technical assistance or training program
established as a result of section 40152 of this Act. In a
case in which incorporating such activities into the SOMA
program will eliminate duplication of efforts or
administrative costs, the Director shall take
administrative actions, as allowable, and make
recommendations to Congress to incorporate such activities
into the SOMA program prior to implementing the SOMA
program.
``(3) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection, $25,000,000 for each
of fiscal years 1999 and 2000.''.
(b) Study.--Not later than March 1, 2000, the Director shall
conduct a study to assess the efficacy of the Sex Offender Management
Assistance Program under section 170101(i) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14071(i)), as added by this
section, and submit recommendations to Congress.

fbee013c57d20718a076f88b59da3a948bdccb5b0fd2633934e908e55a3dc739

(a) In General.--Chapter 33 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 540B. Investigation of serial killings
``(a) In General.--The Attorney General and the Director of the
Federal Bureau of Investigation may investigate serial killings in
violation of the laws of a State or political subdivision, if such
investigation is requested by the head of a law enforcement agency with
investigative or prosecutorial jurisdiction over the offense.
``(b) Definitions.--In this section:
``(1) Killing.--The term `killing' means conduct that would
constitute an offense under section 1111 of title 18, United States
Code, if Federal jurisdiction existed.
``(2) Serial killings.--The term `serial killings' means a
series of three or more killings, not less than 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.
``(3) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth, territory,
or possession of the United States.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
33 of title 28, United States Code, is amended by adding at the end the
following:
``540B. Investigation of serial killings.''.

db7715c0609a7a2de9968905cf574f84386cffee821057de4aa853455aabaa45

(a) Clarification of Element of Offense.--Section 1201(a)(1) of
title 18, United States Code, is amended by inserting ``, regardless of
whether the person was alive when transported across a State boundary
if the person was alive when the transportation began'' before the
semicolon.
(b) Technical Amendment.--Section 1201(a)(5) of title 18, United
States Code, is amended by striking ``designated'' and inserting
``described''.
(c) 24-Hour Rule.--Section 1201(b) of title 18, United States Code,
is amended by adding at the end the following: ``Notwithstanding the
preceding sentence, the fact that the presumption under this section
has not yet taken effect does not preclude a Federal investigation of a
possible violation of this section before the 24-hour period has
ended.''.

a2bde37a0419f2a0c7e55a71589f36723d5ba628040f9ac02c9b936e278b86bf

INVESTIGATIVE RESOURCES CENTER.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Attorney General shall establish within the
Federal Bureau of Investigation a Child Abduction and Serial Murder
Investigative Resources Center to be known as the ``Morgan P. Hardiman
Child Abduction and Serial Murder Investigative Resources Center'' (in
this section referred to as the ``CASMIRC'').
(b) Purpose.--The CASMIRC shall be managed by the National Center
for the Analysis of Violent Crime of the Critical Incident Response
Group of the Federal Bureau of Investigation (in this section referred
to as the ``NCAVC''), and by multidisciplinary resource teams in
Federal Bureau of Investigation field offices, in order to provide
investigative support through the coordination and provision of Federal
law enforcement resources, training, and application of other
multidisciplinary expertise, to assist Federal, State, and local
authorities in matters involving child abductions, mysterious
disappearances of children, child homicide, and serial murder across
the country. The CASMIRC shall be co-located with the NCAVC.
(c) Duties of the CASMIRC.--The CASMIRC shall perform such duties
as the Attorney General determines appropriate to carry out the
purposes of the CASMIRC, including--
(1) identifying, developing, researching, acquiring, and
refining multidisciplinary information and specialities to provide
for the most current expertise available to advance investigative
knowledge and practices used in child abduction, mysterious
disappearances of children, child homicide, and serial murder
investigations;
(2) providing advice and coordinating the application of
current and emerging technical, forensic, and other Federal
assistance to Federal, State, and local authorities in child
abduction, mysterious disappearances of children, child homicide,
and serial murder investigations;
(3) providing investigative support, research findings, and
violent crime analysis to Federal, State, and local authorities in
child abduction, mysterious disappearances of children, child
homicide, and serial murder investigations;
(4) providing, if requested by a Federal, State, or local law
enforcement agency, on site consultation and advice in child
abduction, mysterious disappearances of children, child homicide
and serial murder investigations;
(5) coordinating the application of resources of pertinent
Federal law enforcement agencies, and other Federal entities
including, but not limited to, the United States Customs Service,
the Secret Service, the Postal Inspection Service, and the United
States Marshals Service, as appropriate, and with the concurrence
of the agency head to support Federal, State, and local law
enforcement involved in child abduction, mysterious disappearance
of a child, child homicide, and serial murder investigations;
(6) conducting ongoing research related to child abductions,
mysterious disappearances of children, child homicides, and serial
murder, including identification and investigative application of
current and emerging technologies, identification of investigative
searching technologies and methods for physically locating abducted
children, investigative use of offender behavioral assessment and
analysis concepts, gathering statistics and information necessary
for case identification, trend analysis, and case linkages to
advance the investigative effectiveness of outstanding abducted
children cases, develop investigative systems to identify and track
serious serial offenders that repeatedly victimize children for
comparison to unsolved cases, and other investigative research
pertinent to child abduction, mysterious disappearance of a child,
child homicide, and serial murder covered in this section;
(7) working under the NCAVC in coordination with the National
Center For Missing and Exploited Children and the Office of
Juvenile Justice and Delinquency Prevention of the Department of
Justice to provide appropriate training to Federal, State, and
local law enforcement in matters regarding child abductions,
mysterious disappearances of children, child homicides; and
(8) establishing a centralized repository based upon case data
reflecting child abductions, mysterious disappearances of children,
child homicides and serial murder submitted by State and local
agencies, and an automated system for the efficient collection,
retrieval, analysis, and reporting of information regarding CASMIRC
investigative resources, research, and requests for and provision
of investigative support services.
(d) Appointment of Personnel to the CASMIRC.--
(1) Selection of members of the casmirc and participating state
and local law enforcement personnel.--The Director of the Federal
Bureau of Investigation shall appoint the members of the CASMIRC.
The CASMIRC shall be staffed with Federal Bureau of Investigation
personnel and other necessary personnel selected for their
expertise that would enable them to assist in the research, data
collection, and analysis, and provision of investigative support in
child abduction, mysterious disappearances of children, child
homicide and serial murder investigations. The Director may, with
concurrence of the appropriate State or local agency, also appoint
State and local law enforcement personnel to work with the CASMIRC.
(2) Status.--Each member of the CASMIRC (and each individual
from any State or local law enforcement agency appointed to work
with the CASMIRC) shall remain as an employee of that member's or
individual's respective agency for all purposes (including the
purpose of performance review), and service with the CASMIRC shall
be without interruption or loss of civil service privilege or
status and shall be on a nonreimbursable basis, except if
appropriate to reimburse State and local law enforcement for
overtime costs for an individual appointed to work with the
resource team. Additionally, reimbursement of travel and per diem
expenses will occur for State and local law enforcement
participation in resident fellowship programs at the NCAVC when
offered.
(3) Training.--CASMIRC personnel, under the guidance of the
Federal Bureau of Investigation's National Center for the Analysis
of Violent Crime and in consultation with the National Center For
Missing and Exploited Children, shall develop a specialized course
of instruction devoted to training members of the CASMIRC
consistent with the purpose of this section. The CASMIRC shall also
work with the National Center For Missing and Exploited Children
and the Office of Juvenile Justice and Delinquency Prevention of
the Department of Justice to develop a course of instruction for
State and local law enforcement personnel to facilitate the
dissemination of the most current multidisciplinary expertise in
the investigation of child abductions, mysterious disappearances of
children, child homicides, and serial murder of children.
(e) Report to Congress.--One year after the establishment of the
CASMIRC, the Attorney General shall submit to Congress a report, which
shall include--
(1) a description of the goals and activities of the CASMIRC;
and
(2) information regarding--
(A) the number and qualifications of the members appointed
to the CASMIRC;
(B) the provision of equipment, administrative support, and
office space for the CASMIRC; and
(C) the projected resource needs for the CASMIRC.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 1999, 2000, and 2001.
(g) Conforming Amendment.--Subtitle C of title XVII of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 5776a et seq.)
is repealed.

9595d624edbf066facf51f34860921a413790f872c9cbcb6d14f492c1c7e5107

Notwithstanding any other provision of law, no agency, officer, or
employee of the United States shall implement, or provide any financial
assistance to, any Federal program or Federal activity in which a
Federal prisoner is allowed access to any electronic communication
service or remote computing service without the supervision of an
official of the Federal Government.

345efdfcd16c5dd5d90bad1f91d24378cd09825db0dfb311f41cc447ee6883bd

TITLE VIII

-RESTRICTED ACCESS TO INTERACTIVE COMPUTER SERVICES

(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 the Congress.--It is the sense of the Congress that
State Governors, State legislators, and State prison administrators
should prohibit unsupervised access to the Internet by State prisoners.

d156a251b5f501b79af23d86764398ba66c905943f129bbc60b0b502dbc8b8b2

(a) Survey.--Not later than 6 months after the date of enactment of
this Act, the Attorney General shall conduct a survey of the States to
determine to what extent each State allows prisoners access to any
interactive computer service and whether such access is supervised by a
prison official.
(b) Report.--The Attorney General shall submit a report to Congress
of the findings of the survey conducted pursuant to subsection (a).
(c) State Defined.--In this section, the term ``State'' means each
of the 50 States and the District of Columbia.

24a9012a43b68e3cc434b49ae5fbeb24342f6576459f899b1af96fa1a6897f46

INTERNET.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Attorney General shall request that the National
Academy of Sciences, acting through its National Research Council,
enter into a contract to conduct a study of computer-based technologies
and other approaches to the problem of the availability of pornographic
material to children on the Internet, in order to develop possible
amendments to Federal criminal law and other law enforcement techniques
to respond to the problem.
(b) Contents of Study.--The study under this section shall address
each of the following:
(1) The capabilities of present-day computer-based control
technologies for controlling electronic transmission of
pornographic images.
(2) Research needed to develop computer-based control
technologies to the point of practical utility for controlling the
electronic transmission of pornographic images.
(3) Any inherent limitations of computer-based control
technologies for controlling electronic transmission of
pornographic images.
(4) Operational policies or management techniques needed to
ensure the effectiveness of these control technologies for
controlling electronic transmission of pornographic images.
(c) Final Report.--Not later than 2 years after the date of
enactment of this Act, the Attorney General shall submit to the
Committees on the Judiciary of the House of Representatives and the
Senate a final report of the study under this section, which report
shall--
(1) set forth the findings, conclusions, and recommendations of
the Council; and
(2) be submitted by the Committees on the Judiciary of the
House of Representatives and the Senate to relevant Government
agencies and committees of Congress.

bbcd96bbf0b74e38e9fa7232950e10dd0f43babc82123f4ab6df648b0acae3b8

(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Attorney General shall conduct a study in
accordance with subsection (b) and submit to Congress a report on the
results of that study.
(b) Contents of Study.--The study under this section shall include
an examination of--
(1) existing State programs for informing the public about the
presence of sexual predators released from prison, as required in
section 170101 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14071), including the use of CD-ROMs, Internet
databases, and Sexual Offender Identification Hotlines, such as
those used in the State of California; and
(2) the feasibility of establishing a national hotline for
parents to access a Federal Bureau of Investigation database that
tracks the location of convicted sexual predators established under
section 170102 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14072) and, in determining that feasibility, the
Attorney General shall examine issues including the cost, necessary
changes to Federal and State laws necessitated by the creation of
such a hotline, consistency with Federal and State case law
pertaining to community notification, and the need for, and
accuracy and reliability of, the information available through such
a hotline.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

d6fed80a9cfdcb8ceafb66e7aaa97dd2fbe842f448344e53682ed00e643ce72b

Protection of Children From Sexual Predators Act of 1998

Other Sections