[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.
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