Text: H.R.3494 — 105th Congress (1997-1998)All Information (Except Text)

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Public Law No: 105-314 (10/30/1998)

 
[105th Congress Public Law 314]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ314.105]


[[Page 2973]]

              PROTECTION OF CHILDREN FROM SEXUAL PREDATORS

[[Page 112 STAT. 2974]]

Public Law 105-314
105th Congress

                                 An Act


 
 To amend title 18, United States Code, to protect children from sexual 
    abuse and exploitation, and for other purposes. <<NOTE: Oct. 30, 
                         1998 -  [H.R. 3494]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Protection of Children From 
Sexual Predators Act of 1998.>> assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short <<NOTE: 18 USC 1 note.>> Title.--This Act may be cited as 
the ``Protection of Children From Sexual Predators Act of 1998''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

             TITLE I--PROTECTION OF CHILDREN FROM PREDATORS

Sec. 101. Use of interstate facilities to transmit identifying 
           information about a minor for criminal sexual purposes.
Sec. 102. Coercion and enticement.
Sec. 103. Increased penalties for transportation of minors or assumed 
           minors for 
           illegal sexual activity and related crimes.
Sec. 104. Repeat offenders in transportation offense.
Sec. 105. Inclusion of offenses relating to child pornography in 
           definition of sexual activity for which any person can be 
           charged with a criminal offense.
Sec. 106. Transportation generally.

         TITLE II--PROTECTION OF CHILDREN FROM CHILD PORNOGRAPHY

Sec. 201. Additional jurisdictional base for prosecution of production 
           of child 
           pornography.
Sec. 202. Increased penalties for child pornography offenses.
Sec. 203. ``Zero tolerance'' for possession of child pornography.

                   TITLE III--SEXUAL ABUSE PREVENTION

Sec. 301. Elimination of redundancy and ambiguities.
Sec. 302. Increased penalties for abusive sexual contact.
Sec. 303. Repeat offenders in sexual abuse cases.

     TITLE IV--PROHIBITION ON TRANSFER OF OBSCENE MATERIAL TO MINORS

Sec. 401. Transfer of obscene material to minors.

   TITLE V--INCREASED PENALTIES FOR OFFENSES AGAINST CHILDREN AND FOR 
                            REPEAT OFFENDERS

Sec. 501. Death or life in prison for certain offenses whose victims are 
           children.
Sec. 502. Sentencing enhancement for chapter 117 offenses.
Sec. 503. Increased penalties for use of a computer in the sexual abuse 
           or exploitation of a child.
Sec. 504. Increased penalties for knowing misrepresentation in the 
           sexual abuse or exploitation of a child.
Sec. 505. Increased penalties for pattern of activity of sexual 
           exploitation of 
           children.
Sec. 506. Clarification of definition of distribution of pornography.
Sec. 507. Directive to the United States Sentencing Commission.

[[Page 112 STAT. 2975]]

       TITLE VI--CRIMINAL, PROCEDURAL, AND ADMINISTRATIVE REFORMS

Sec. 601. Pretrial detention of sexual predators.
Sec. 602. Criminal forfeiture for offenses against minors.
Sec. 603. Civil forfeiture for offenses against minors.
Sec. 604. Reporting of child pornography by electronic communication 
           service 
           providers.
Sec. 605. Civil remedy for personal injuries resulting from certain sex 
           crimes against children.
Sec. 606. Administrative subpoenas.
Sec. 607. Grants to States to offset costs associated with sexually 
           violent offender registration requirements.

             TITLE VII--MURDER AND KIDNAPPING INVESTIGATIONS

Sec. 701. Authority to investigate serial killings.
Sec. 702. Kidnapping.
Sec. 703. Morgan P. Hardiman Child Abduction and Serial Murder 
           Investigative Resources Center.

     TITLE VIII--RESTRICTED ACCESS TO INTERACTIVE COMPUTER SERVICES

Sec. 801. Prisoner access.
Sec. 802. Recommended prohibition.
Sec. 803. Survey.

                            TITLE IX--STUDIES

Sec. 901. Study on limiting the availability of pornography on the 
           Internet.
Sec. 902. Study of hotlines.

             TITLE I--PROTECTION OF CHILDREN FROM PREDATORS

SEC. 101. USE OF INTERSTATE FACILITIES TO TRANSMIT IDENTIFYING 
            INFORMATION ABOUT A MINOR FOR CRIMINAL SEXUAL PURPOSES.

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

``Sec. 2425. Use of interstate facilities to transmit information about 
                        a minor

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

``2425. Use of interstate facilities to transmit information about a 
           minor.''.

SEC. 102. COERCION AND ENTICEMENT.

    Section 2422 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``or attempts to do so,'' before 
                ``shall be fined''; and
                    (B) by striking ``five'' and inserting ``10''; and
            (2) by striking subsection (b) and inserting the following:

[[Page 112 STAT. 2976]]

    ``(b) Whoever, using the mail or any facility or means of interstate 
or foreign commerce, or within the special maritime and territorial 
jurisdiction of the United States knowingly persuades, induces, entices, 
or coerces any individual who has not attained the age of 18 years, to 
engage in prostitution or any sexual activity for which any person can 
be charged with a criminal offense, or attempts to do so, shall be fined 
under this title, imprisoned not more than 15 years, or both.''.

SEC. 103. INCREASED PENALTIES FOR TRANSPORTATION OF MINORS OR ASSUMED 
            MINORS FOR ILLEGAL SEXUAL ACTIVITY AND RELATED CRIMES.

    Section 2423 of title 18, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:

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

SEC. 104. REPEAT OFFENDERS IN TRANSPORTATION OFFENSE.

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

``Sec. 2426. Repeat offenders

    ``(a) Maximum Term of Imprisonment.--The maximum term of 
imprisonment for a violation of this chapter after a prior sex offense 
conviction shall be twice the term of imprisonment otherwise provided by 
this chapter.
    ``(b) Definitions.--In this section--
            ``(1) the term `prior sex offense conviction' means a 
        conviction for an offense--
                    ``(A) under this chapter, chapter 109A, or chapter 
                110; or
                    ``(B) under State law for an offense consisting of 
                conduct that would have been an offense under a chapter 
                referred to in paragraph (1) if the conduct had occurred 
                within the special maritime and territorial jurisdiction 
                of the United States; and
            ``(2) the term `State' means a State of the United States, 
        the District of Columbia, and any commonwealth, territory, or 
        possession of the United States.''.

    (b) Technical and Conforming Amendment.--The analysis for chapter 
117 of title 18, United States Code, is amended by adding at the end the 
following:

``2426. Repeat offenders.''.

[[Page 112 STAT. 2977]]

SEC. 105. INCLUSION OF OFFENSES RELATING TO CHILD PORNOGRAPHY IN 
            DEFINITION OF SEXUAL ACTIVITY FOR WHICH ANY PERSON CAN BE 
            CHARGED WITH A CRIMINAL OFFENSE.

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

``Sec. 2427. Inclusion of offenses relating to child pornography in 
                        definition of sexual activity for which any 
                        person can be charged with a criminal offense

    ``In this chapter, the term `sexual activity for which any person 
can be charged with a criminal offense' includes the production of child 
pornography, as defined in section 2256(8).''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
117 of title 18, United States Code, is amended by adding at the end the 
following:

``2427. Inclusion of offenses relating to child pornography in 
           definition of sexual 
           activity for which any person can be charged with a criminal 
           offense.''.

SEC. 106. TRANSPORTATION GENERALLY.

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

         TITLE II--PROTECTION OF CHILDREN FROM CHILD PORNOGRAPHY

SEC. 201. ADDITIONAL JURISDICTIONAL BASE FOR PROSECUTION OF PRODUCTION 
            OF CHILD PORNOGRAPHY.

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

SEC. 202. INCREASED PENALTIES FOR CHILD PORNOGRAPHY OFFENSES.

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

[[Page 112 STAT. 2978]]

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

SEC. 203. ``ZERO TOLERANCE'' FOR POSSESSION OF CHILD PORNOGRAPHY.

    (a) Material Involving the Sexual Exploitation of Minors.--Section 
2252 of title 18, United States Code, is amended--
            (1) in subsection (a)(4), by striking ``3 or more'' each 
        place that term appears and inserting ``1 or more''; and
            (2) by adding at the end the following:

    ``(c) Affirmative Defense.--It shall be an affirmative defense to a 
charge of violating paragraph (4) of subsection (a) that the defendant--
            ``(1) possessed less than 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.''.

                   TITLE III--SEXUAL ABUSE PREVENTION

SEC. 301. ELIMINATION OF REDUNDANCY AND AMBIGUITIES.

    (a) Making Consistent Language on Age Differential.--Section 2241(c) 
of title 18, United States Code, is amended by striking ``younger than 
that person'' and inserting ``younger than the person so engaging''.

[[Page 112 STAT. 2979]]

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

SEC. 302. INCREASED PENALTIES FOR ABUSIVE SEXUAL CONTACT.

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

SEC. 303. REPEAT OFFENDERS IN SEXUAL ABUSE CASES.

    Section 2247 of title 18, United States Code, is amended to read as 
follows:

``Sec. 2247. Repeat offenders

    ``(a) Maximum Term of Imprisonment.--The maximum term of 
imprisonment for a violation of this chapter after a prior sex offense 
conviction shall be twice the term otherwise provided by this chapter.
    ``(b) Prior Sex Offense Conviction Defined.--In this section, the 
term `prior sex offense conviction' has the meaning given that term in 
section 2426(b).''.

     TITLE IV--PROHIBITION ON TRANSFER OF OBSCENE MATERIAL TO MINORS

SEC. 401. TRANSFER OF OBSCENE MATERIAL TO MINORS.

    (a) In General.--Chapter 71 of title 18, United States Code, is 
amended by adding at the end the following:

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

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

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

[[Page 112 STAT. 2980]]

   TITLE V--INCREASED PENALTIES FOR OFFENSES AGAINST CHILDREN AND FOR 
                            REPEAT OFFENDERS

SEC. 501. <<NOTE: 28 USC 994 note.>> DEATH OR LIFE IN PRISON FOR CERTAIN 
            OFFENSES WHOSE VICTIMS ARE CHILDREN.

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

SEC. 502. <<NOTE: 28 USC 944 note.>> SENTENCING ENHANCEMENT FOR CHAPTER 
            117 OFFENSES.

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

SEC. 503. <<NOTE: 28 USC 944 note.>> INCREASED PENALTIES FOR USE OF A 
            COMPUTER IN THE SEXUAL ABUSE OR EXPLOITATION OF A CHILD.

    Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall--
            (1) review the Federal Sentencing Guidelines for--
                    (A) aggravated sexual abuse under section 2241 of 
                title 18, United States Code;
                    (B) sexual abuse under section 2242 of title 18, 
                United States Code;
                    (C) sexual abuse of a minor or ward under section 
                2243 of title 18, United States Code; and

[[Page 112 STAT. 2981]]

                    (D) coercion and enticement of a minor under section 
                2422(b) of title 18, United States Code, contacting a 
                minor under section 2422(c) of title 18, United States 
                Code, and transportation of minors and travel under 
                section 2423 of title 18, United States Code; and
            (2) upon completion of the review under paragraph (1), 
        promulgate amendments to the Federal Sentencing Guidelines to 
        provide appropriate enhancement if the defendant used a computer 
        with the intent to persuade, induce, entice, coerce, or 
        facilitate the transport of a child of an age specified in the 
        applicable provision of law referred to in paragraph (1) to 
        engage in any prohibited sexual activity.

SEC. 504. <<NOTE: 28 USC 944 note.>> INCREASED PENALTIES FOR KNOWING 
            MISREPRESENTATION IN THE SEXUAL ABUSE OR EXPLOITATION OF A 
            CHILD.

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

SEC. 505. <<NOTE: 28 USC 944 note.>> INCREASED PENALTIES FOR PATTERN OF 
            ACTIVITY OF SEXUAL EXPLOITATION OF CHILDREN.

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

[[Page 112 STAT. 2982]]

SEC. 506. <<NOTE: 28 USC 944 note.>> CLARIFICATION OF DEFINITION OF 
            DISTRIBUTION OF PORNOGRAPHY.

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

SEC. 507. <<NOTE: 28 USC 944 note.>> DIRECTIVE TO THE UNITED STATES 
            SENTENCING COMMISSION.

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

       TITLE VI--CRIMINAL, PROCEDURAL, AND ADMINISTRATIVE REFORMS

SEC. 601. PRETRIAL DETENTION OF SEXUAL PREDATORS.

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

SEC. 602. CRIMINAL FORFEITURE FOR OFFENSES AGAINST MINORS.

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

SEC. 603. CIVIL FORFEITURE FOR OFFENSES AGAINST MINORS.

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

[[Page 112 STAT. 2983]]

SEC. 604. REPORTING OF CHILD PORNOGRAPHY BY ELECTRONIC COMMUNICATION 
            SERVICE PROVIDERS.

    (a) In General.--The Victims of Child Abuse Act of 1990 (42 U.S.C. 
13001 et seq.) is amended by inserting after section 226 the following:

``SEC. 227. <<NOTE: 42 USC 13032.>> 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

[[Page 112 STAT. 2984]]

        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.''.

SEC. 605. CIVIL REMEDY FOR PERSONAL INJURIES RESULTING FROM CERTAIN SEX 
            CRIMES AGAINST CHILDREN.

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

SEC. 606. ADMINISTRATIVE SUBPOENAS.

    (a) In General.--Chapter 223 of title 18, United States Code, is 
amended--
            (1) in section 3486, by striking the section designation and 
        heading and inserting the following:

``Sec. 3486. Administrative subpoenas in Federal health care 
                        investigations''; and

            (2) by adding at the end the following:

``Sec. 3486A. Administrative subpoenas in cases involving child abuse 
                        and child sexual exploitation

    ``(a) Authorization.--
            ``(1) In general.--In any investigation relating to any act 
        or activity involving a violation of section 1201, 2241(c), 
        2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 
        of this title in which the victim is an individual who has not 
        attained the age of 18 years, the Attorney General, or

[[Page 112 STAT. 2985]]

        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 <<NOTE: Fees.>> of witnesses.--Witnesses 
        summoned under this section shall be paid the same fees and 
        mileage that are paid witnesses in the courts of the United 
        States.

    ``(b) Procedures Applicable.--The same procedures for service and 
enforcement as are provided with respect to investigative demands in 
section 3486 apply with respect to a subpoena issued under this 
section.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
223 of title 18, United States Code, is amended by striking the item 
relating to section 3486 and inserting the 
following:

``3486. Administrative subpoenas in Federal health care investigations.
``3486A. Administrative subpoenas in cases involving child abuse and 
           child sexual exploitation.''.

SEC. 607. GRANTS TO STATES TO OFFSET COSTS ASSOCIATED WITH SEXUALLY 
            VIOLENT OFFENDER REGISTRATION REQUIREMENTS.

    (a) In General.--Section 170101 of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14071) is amended--
            (1) by redesignating the second subsection designated as 
        subsection (g) as subsection (h); and
            (2) by adding at the end the following:

    ``(i) Grants to States for Costs of Compliance.--
            ``(1) Program authorized.--
                    ``(A) In general.--The Director of the Bureau of 
                Justice Assistance (in this subsection referred to as 
                the `Director') shall carry out a program, which shall 
                be known as the `Sex Offender Management Assistance 
                Program' (in this subsection referred to as the `SOMA 
                program'), under which the Director shall award a grant 
                to each eligible State to offset costs directly 
                associated with complying with this section.
                    ``(B) Uses of funds.--Each grant awarded under this 
                subsection shall be--
                          ``(i) distributed directly to the State for 
                      distribution to State and local entities; and
                          ``(ii) used for training, salaries, equipment, 
                      materials, and other costs directly associated 
                      with complying with this section.
            ``(2) Eligibility.--
                    ``(A) Application.--To be eligible to receive a 
                grant under this subsection, the chief executive of a 
                State shall, on an annual basis, submit to the Director 
                an application

[[Page 112 STAT. 2986]]

                (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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline. 42 USC 14071 note.>> later than 
March 1, 2000, the Director shall conduct a study to assess the efficacy 
of the Sex Offender Management Assistance Program under section 
170101(i) of the Violent Crime Control and Law Enforcement Act of 1994 
(42 U.S.C. 14071(i)), as added by this section, and submit 
recommendations to Congress.

             TITLE VII--MURDER AND KIDNAPPING INVESTIGATIONS

SEC. 701. AUTHORITY TO INVESTIGATE SERIAL KILLINGS.

    (a) In General.--Chapter 33 of title 28, United States Code, is 
amended by adding at the end the following:

``Sec. 540B. Investigation of serial killings

    ``(a) In General.--The Attorney General and the Director of the 
Federal Bureau of Investigation may investigate serial killings in 
violation of the laws of a State or political subdivision, if such 
investigation is requested by the head of a law enforcement agency with 
investigative or prosecutorial jurisdiction over the offense.

[[Page 112 STAT. 2987]]

    ``(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.''.

SEC. 702. KIDNAPPING.

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

SEC. 703. <<NOTE: 28 USC 531 note.>> MORGAN P. HARDIMAN CHILD ABDUCTION 
            AND SERIAL MURDER INVESTIGATIVE RESOURCES CENTER.

    (a) Establishment.--Not <<NOTE: Deadline.>> 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--

[[Page 112 STAT. 2988]]

            (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.

[[Page 112 STAT. 2989]]

    (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 <<NOTE: 42 USC 5601 note, 
5776a, and note, 5777.>> (42 U.S.C. 5776a et seq.) is repealed.

[[Page 112 STAT. 2990]]

     TITLE VIII--RESTRICTED ACCESS TO INTERACTIVE COMPUTER SERVICES

SEC. 801. <<NOTE: 18 USC 4042 note.>> PRISONER ACCESS.

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

SEC. 802. RECOMMENDED PROHIBITION.

    (a) Findings.--Congress finds that--
            (1) a Minnesota State prisoner, serving 23 years for 
        molesting teenage girls, worked for a nonprofit work and 
        education program inside the prison, through which the prisoner 
        had unsupervised access to the Internet;
            (2) the prisoner, through his unsupervised access to the 
        Internet, trafficked in child pornography over the Internet;
            (3) Federal law enforcement authorities caught the prisoner 
        with a computer disk containing 280 pictures of juveniles 
        engaged in sexually explicit conduct;
            (4) a jury found the prisoner guilty of conspiring to trade 
        in child pornography and possessing child pornography;
            (5) the United States District Court for the District of 
        Minnesota sentenced the prisoner to 87 months in Federal prison, 
        to be served upon the completion of his 23-year State prison 
        term; and
            (6) there has been an explosion in the use of the Internet 
        in the United States, further placing our Nation's children at 
        risk of harm and exploitation at the hands of predators on the 
        Internet and increasing the ease of trafficking in child 
        pornography.

    (b) Sense of 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.

SEC. 803. SURVEY.

    (a) Survey.--Not <<NOTE: Deadline.>> 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.

[[Page 112 STAT. 2991]]

                            TITLE IX--STUDIES

SEC. 901. <<NOTE: 18 USC 1470 note.>> STUDY ON LIMITING THE AVAILABILITY 
            OF PORNOGRAPHY ON THE INTERNET.

    (a) In General.--Not <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> Report.--Not later than 2 years after 
the date of enactment of this Act, the Attorney General shall submit to 
the Committees on the Judiciary of the House of Representatives and the 
Senate a final report of the study under this section, which report 
shall--
            (1) set forth the findings, conclusions, and recommendations 
        of the Council; and
            (2) be submitted by the Committees on the Judiciary of the 
        House of Representatives and the Senate to relevant Government 
        agencies and committees of Congress.

SEC. 902. <<NOTE: 42 USC 14071 note.>> STUDY OF HOTLINES.

    (a) In General.--Not <<NOTE: Deadline.>> 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

[[Page 112 STAT. 2992]]

            (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.

    Approved October 30, 1998.

LEGISLATIVE HISTORY--H.R. 3494:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 105-557 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 144 (1998):
            June 11, considered and passed House.
            Oct. 9, considered and passed Senate, amended.
            Oct. 12, House concurred in Senate amendments.

                                  <all>

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