105TH CONGRESS

2D SESSION S. 2073

AN ACT

To authorize appropriations for the National Center for

Missing and Exploited Children.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. FINDINGS.

2 Congress makes the following findings:

3 (1) For 14 years, the National Center for Miss4 ing and Exploited Children (referred to in this sec5 tion as the ‘‘Center’’) has—

6 (A) served as the national resource center

7 and clearinghouse congressionally mandated

8 under the provisions of the Missing Children’s

9 Assistance Act of 1984; and

10 (B) worked in partnership with the De11 partment of Justice, the Federal Bureau of In12 vestigation, the Department of the Treasury,

13 the Department of State, and many other agen14 cies in the effort to find missing children and

15 prevent child victimization.

16 (2) Congress has given the Center, which is a

17 private non-profit corporation, unique powers and

18 resources, such as having access to the National

19 Crime Information Center of the Federal Bureau of

20 Investigation, and the National Law Enforcement

21 Telecommunications System.

22 (3) Since 1987, the Center has operated the

23 National Child Pornography Tipline, in conjunction

24 with the United States Customs Service and the

25 United States Postal Inspection Service and, begin26 ning this year, the Center established a new
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1 CyberTipline on child exploitation, thus becoming

2 ‘‘the 911 for the Internet’’.

3 (4) In light of statistics that time is of the es4 sence in cases of child abduction, the Director of the

5 Federal Bureau of Investigation in February of

6 1997 created a new NCIC child abduction (‘‘CA’’)

7 flag to provide the Center immediate notification in

8 the most serious cases, resulting in 642 ‘‘CA’’ notifi9 cations to the Center and helping the Center to have

10 its highest recovery rate in history.

11 (5) The Center has established a national and

12 increasingly worldwide network, linking the Center

13 online with each of the missing children clearing14 houses operated by the 50 States, the District of Co15 lumbia, and Puerto Rico, as well as with Scotland

16 Yard in the United Kingdom, the Royal Canadian

17 Mounted Police, INTERPOL headquarters in Lyon,

18 France, and others, which has enabled the Center to

19 transmit images and information regarding missing

20 children to law enforcement across the United States

21 and around the world instantly.

22 (6) From its inception in 1984 through March

23 31, 1998, the Center has—
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1 (A) handled 1,203,974 calls through its

2 24-hour toll-free hotline (1-800-THE-LOST)

3 and currently averages 700 calls per day;

4 (B) trained 146,284 law enforcement,

5 criminal and juvenile justice, and healthcare

6 professionals in child sexual exploitation and

7 missing child case detection, identification, in8 vestigation, and prevention;

9 (C) disseminated 15,491,344 free publica10 tions to citizens and professionals; and

11 (D) worked with law enforcement on the

12 cases of 59,481 missing children, resulting in

13 the recovery of 40,180 children.

14 (7) The demand for the services of the Center

15 is growing dramatically, as evidenced by the fact

16 that in 1997, the Center handled 129,100 calls, an

17 all-time record, and by the fact that its new Internet

18 website (www.missingkids.com) receives 1,500,000

19 ‘‘hits’’ every day, and is linked with hundreds of

20 other websites to provide real-time images of break21 ing cases of missing children, helping to cause such

22 results as a police officer in Puerto Rico searching

23 the Center’s website and working with the Center to

24 identify and recover a child abducted as an infant
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1 from her home in San Diego, California, 7 years

2 earlier.

3 (8) In 1997, the Center provided policy training

4 to 256 police chiefs and sheriffs from 50 States and

5 Guam at its new Jimmy Ryce Law Enforcement

6 Training Center.

7 (9) The programs of the Center have had a re8 markable impact, such as in the fight against infant

9 abductions in partnership with the healthcare indus10 try, during which the Center has performed 668 on11 site hospital walk-throughs and inspections, and

12 trained 45,065 hospital administrators, nurses, and

13 security personnel, and thereby helped to reduce in14 fant abductions in the United States by 82 percent.

15 (10) The Center is now playing a significant

16 role in international child abduction cases, serving as

17 a representative of the Department of State at cases

18 under The Hague Convention, and successfully re19 solving the cases of 343 international child abduc20 tions, and providing greater support to parents in

21 the United States.

22 (11) The Center is a model of public/private

23 partnership, raising private sector funds to match

24 congressional appropriations and receiving extensive

25 private in-kind support, including advanced tech-
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1 nology provided by the computer industry such as

2 imaging technology used to age the photographs of

3 long-term missing children and to reconstruct facial

4 images of unidentified deceased children.

5 (12) The Center was 1 of only 10 of 300 major

6 national charities given an A+ grade in 1997 by the

7 American Institute of Philanthropy.

8 (13) In light of its impressive history, the Cen9 ter has been redesignated as the Nation’s missing

10 children clearinghouse and resource center once

11 every 3 years through a competitive selection process

12 conducted by the Office of Juvenile Justice and De13 linquency Prevention of the Department of Justice,

14 and has received grants from that Office to conduct

15 the crucial purposes of the Center.

16 (14) An official congressional authorization will

17 increase the level of scrutiny and oversight by Con18 gress and continue the Center’s long partnership

19 with the Department of Justice and the Office of

20 Juvenile Justice and Delinquency Prevention of the

21 Department of Justice.

22 (15) The exemplary record of performance and

23 success of the Center, as exemplified by the fact that

24 the Center’s recovery rate has climbed from 62 to 91

25 percent, justifies action by Congress to formally rec-
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1 ognize the National Center for Missing and Ex2 ploited Children as the Nation’s official missing and

3 exploited children’s center, and to authorize a line4 item appropriation for the National Center for Miss5 ing and Exploited Children in the Federal budget.

6 SEC. 2. NATIONAL CENTER FOR MISSING AND EXPLOITED

7 CHILDREN.

8 (a) GRANTS.—The Administrator of the Office of Ju9 venile Justice and Delinquency Prevention of the Depart10 ment of Justice shall annually make a grant to the Na11 tional Center for Missing and Exploited Children, which

12 shall be used to—

13 (1) operate the official national resource center

14 and information clearinghouse for missing and ex15 ploited children;

16 (2) provide to State and local governments,

17 public and private nonprofit agencies, and individ18 uals, information regarding—

19 (A) free or low-cost legal, restaurant, lodg20 ing, and transportation services that are avail21 able for the benefit of missing and exploited

22 children and their families; and

23 (B) the existence and nature of programs

24 being carried out by Federal agencies to assist
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1 missing and exploited children and their fami2 lies;

3 (3) coordinate public and private programs that

4 locate, recover, or reunite missing children with their

5 families;

6 (4) disseminate, on a national basis, informa7 tion relating to innovative and model programs,

8 services, and legislation that benefit missing and ex9 ploited children;

10 (5) provide technical assistance and training to

11 law enforcement agencies, State, and local govern12 ments, elements of the criminal justice system, pub13 lic and private nonprofit agencies, and individuals in

14 the prevention, investigation, prosecution, and treat15 ment of cases involving missing and exploited chil16 dren; and

17 (6) provide assistance to families and law en18 forcement agencies in locating and recovering miss19 ing and exploited children, both nationally and inter20 nationally.

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

22 authorized to be appropriated to the Administrator to

23 carry out this section, $10,000,000 for each of fiscal years

24 1999, 2000, 2001, 2002, and 2003.
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1 SEC. 3. CHILD EXPLOITATION SENTENCING ENHANCE2 MENTS.

3 (a) DEFINITIONS.—In this section:

4 (1) CHILD; CHILDREN.—The term ‘‘child’’ or

5 ‘‘children’’ means a minor or minors of an age speci6 fied in the applicable provision of title 18, United

7 States Code, that is subject to review under this sec8 tion.

9 (2) MINOR.—The term ‘‘minor’’ means any in10 dividual who has not attained the age of 18, except

11 that, with respect to references to section 2243 of

12 title 18, United States Code, the term means an in13 dividual described in subsection (a) of that section.

14 (b) INCREASED PENALTIES FOR USE OF A COM15 PUTER IN THE SEXUAL ABUSE OR EXPLOITATION OF A

16 CHILD.—Pursuant to the authority granted to the United

17 States Sentencing Commission under section 994(p) of

18 title 28, United States Code, the United States Sentencing

19 Commission shall—

20 (1) review the Federal sentencing guidelines on

21 aggravated sexual abuse under section 2241 of title

22 18, United States Code, sexual abuse under section

23 2242 of title 18, United States Code, sexual abuse

24 of a minor or ward under section 2243 of title 18,

25 United States Code, coercion and enticement of a ju26 venile under section 2422(b) of title 18, United
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1 States Code, and transportation of minors under

2 section 2423 of title 18, United States Code; and

3 (2) upon completion of the review under para4 graph (1), promulgate amendments to the Federal

5 sentencing guidelines to provide an appropriate sen6 tencing enhancement if the defendant used a com7 puter with the intent to persuade, induce, entice, or

8 coerce a child of an age specified in the applicable

9 provision referred to in paragraph (1) to engage in

10 any prohibited sexual activity.

11 (c) INCREASED PENALTIES FOR KNOWING MIS12 REPRESENTATION IN THE SEXUAL ABUSE OR EXPLOI13 TATION OF A CHILD.—Pursuant to the authority granted

14 to the United States Sentencing Commission under section

15 994(p) of title 28, United States Code, the United States

16 Sentencing Commission shall—

17 (1) review the Federal sentencing guidelines on

18 aggravated sexual abuse under section 2241 of title

19 18, United States Code, sexual abuse under section

20 2242 of title 18, United States Code, sexual abuse

21 of a minor or ward under section 2243 of title 18,

22 United States Code, coercion and enticement of a ju23 venile under section 2422(b) of title 18, United

24 States Code, and transportation of minors under

25 section 2423 of title 18, United States Code; and
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1 (2) upon completion of the review under para2 graph (1), promulgate amendments to the Federal

3 sentencing guidelines to provide an appropriate sen4 tencing enhancement if the defendant knowingly

5 misrepresented the actual identity of the defendant

6 with the intent to persuade, induce, entice, or coerce

7 a child of an age specified in the applicable provision

8 referred to in paragraph (1) to engage in a prohib9 ited sexual activity.

10 (d) INCREASED PENALTIES FOR PATTERN OF ACTIV11 ITY OF SEXUAL EXPLOITATION OF CHILDREN.—Pursuant

12 to the authority granted to the United States Sentencing

13 Commission under section 994(p) of title 28, United

14 States Code, the United States Sentencing Commission

15 shall—

16 (1) review the Federal sentencing guidelines on

17 criminal sexual abuse, the production of sexually ex18 plicit material, the possession of materials depicting

19 a child engaging in sexually explicit conduct, coer20 cion and enticement of minors, and the transpor21 tation of minors; and

22 (2) upon completion of the review under para23 graph (1), promulgate amendments to the Federal

24 sentencing guidelines to provide an appropriate sen25 tencing enhancement applicable to the offenses re-
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1 ferred to in paragraph (1) in any case in which the

2 defendant engaged in a pattern of activity involving

3 the sexual abuse or exploitation of a minor.

4 (e) REPEAT OFFENDERS; INCREASED MAXIMUM

5 PENALTIES FOR TRANSPORTATION FOR ILLEGAL SEXUAL

6 ACTIVITY AND RELATED CRIMES.—

7 (1) REPEAT OFFENDERS.—

8 (A) CHAPTER 117.—

9 (i) IN GENERAL.—Chapter 117 of title

10 18, United States Code, is amended by

11 adding at the end the following:

12 ‘‘§ 2425. Repeat offenders

13 ‘‘(a) IN GENERAL.—Any person described in this

14 subsection shall be subject to the punishment under sub15 section (b). A person described in this subsection is a per16 son who violates a provision of this chapter, after one or

17 more prior convictions—

18 ‘‘(1) for an offense punishable under this chap19 ter, or chapter 109A or 110; or

20 ‘‘(2) under any applicable law of a State relat21 ing to conduct punishable under this chapter, or

22 chapter 109A or 110.

23 ‘‘(b) PUNISHMENT.—A violation of a provision of this

24 chapter by a person described in subsection (a) is punish25 able by a term of imprisonment of a period not to exceed
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1 twice the period that would otherwise apply under this

2 chapter.’’.

3 (ii) CONFORMING AMENDMENT.—The

4 chapter analysis for chapter 117 of title

5 18, United States Code, is amended by

6 adding at the end the following:

‘‘2425. Repeat offenders.’’.

7 (B) CHAPTER 109A.—Section 2247 of title

8 18, United States Code, is amended to read as

9 follows:

10 ‘‘§ 2247. Repeat offenders

11 ‘‘(a) IN GENERAL.—Any person described in this

12 subsection shall be subject to the punishment under sub13 section (b). A person described in this subsection is a per14 son who violates a provision of this chapter, after one or

15 more prior convictions—

16 ‘‘(1) for an offense punishable under this chap17 ter, or chapter 110 or 117; or

18 ‘‘(2) under any applicable law of a State relat19 ing to conduct punishable under this chapter, or

20 chapter 110 or 117.

21 ‘‘(b) PUNISHMENT.—A violation of a provision of this

22 chapter by a person described in subsection (a) is punish23 able by a term of imprisonment of a period not to exceed

24 twice the period that would otherwise apply under this

25 chapter.’’.
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1 (2) INCREASED MAXIMUM PENALTIES FOR

2 TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY

3 AND RELATED CRIMES.—

4 (A) TRANSPORTATION GENERALLY.—Sec5 tion 2421 of title 18, United States Code, is

6 amended by striking ‘‘five’’ and inserting ‘‘10’’.

7 (B) COERCION AND ENTICEMENT OF MI8 NORS.—Section 2422 of title 18, United States

9 Code, is amended—

10 (i) in subsection (a), by striking

11 ‘‘five’’ and inserting ‘‘10’’; and

12 (ii) in subsection (b), by striking ‘‘10’’

13 and inserting ‘‘15’’.

14 (C) TRANSPORTATION OF MINORS.—Sec15 tion 2423 of title 18, United States Code, is

16 amended—

17 (i) in subsection (a), by striking ‘‘ten’’

18 and inserting ‘‘15’’; and

19 (ii) in subsection (b), by striking ‘‘10’’

20 and inserting ‘‘15’’.

21 (3) AMENDMENT OF SENTENCING GUIDE22 LINES.—Pursuant to the authority granted to the

23 United States Sentencing Commission under section

24 994(p) of title 28, United States Code, the United

25 States Sentencing Commission shall—
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1 (A) review the Federal sentencing guide2 lines relating to chapter 117 of title 18, United

3 States Code; and

4 (B) upon completion of the review under

5 subparagraph (A), promulgate such amend6 ments to the Federal sentencing guidelines as

7 are necessary to provide for the amendments

8 made by this subsection.

9 (f) CLARIFICATION OF DEFINITION OF DISTRIBU10 TION OF PORNOGRAPHY.—Pursuant to the authority

11 granted to the United States Sentencing Commission

12 under section 994(p) of title 28, United States Code, the

13 United States Sentencing Commission shall—

14 (1) review the Federal sentencing guidelines re15 lating to the distribution of pornography covered

16 under chapter 110 of title 18, United States Code,

17 relating to the sexual exploitation and other abuse of

18 children; and

19 (2) upon completion of the review under para20 graph (1), promulgate such amendments to the Fed21 eral sentencing guidelines as are necessary to clarify

22 that the term ‘‘distribution of pornography’’ applies

23 to the distribution of pornography—

24 (A) for monetary remuneration; or

25 (B) for a nonpecuniary interest.
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1 (g) DIRECTIVE TO UNITED STATES SENTENCING

2 COMMISSION.—In carrying out this section, the United

3 States Sentencing Commission shall—

4 (1) with respect to any action relating to the

5 Federal sentencing guidelines subject to this section,

6 ensure reasonable consistency with other guidelines

7 of the Federal sentencing guidelines; and

8 (2) with respect to an offense subject to the

9 Federal sentencing guidelines, avoid duplicative pun10 ishment under the guidelines for substantially the

11 same offense.

12 (h) AUTHORIZATION FOR GUARDIANS AD LITEM.—

13 (1) AUTHORIZATION OF APPROPRIATIONS.—

14 There are authorized to be appropriated to the De15 partment of Justice, for the purpose specified in

16 paragraph (2), such sums as may be necessary for

17 each of fiscal years 1998 through 2001.

18 (2) PURPOSE.—The purpose specified in this

19 paragraph is the procurement, in accordance with

20 section 3509(h) of title 18, United States Code, of

21 the services of individuals with sufficient profes22 sional training, experience, and familiarity with the

23 criminal justice system, social service programs, and

24 child abuse issues to serve as guardians ad litem for
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1 children who are the victims of, or witnesses to, a

2 crime involving abuse or exploitation.

3 (i) APPLICABILITY.—This section and the amend4 ments made by this section shall apply to any action that

5 commences on or after the date of enactment of this Act.

6 SEC. 4. RUNAWAY AND HOMELESS YOUTH ACT.

7 (a) IN GENERAL.—Section 372(a) of the Juvenile

8 Justice and Delinquency Prevention Act of 1974 (42

9 U.S.C. 5714b(a)) is amended by striking ‘‘unit of general

10 local government’’ and inserting ‘‘unit of local govern11 ment’’.

12 (b) AUTHORIZATION OF APPROPRIATIONS.—

13 (1) TECHNICAL AMENDMENTS.—

14 (A) ERROR RESULTING FROM REDESIGNA15 TION.—

16 (i) IN GENERAL.—Section 3(i) of the

17 Public Law 102–586 (106 Stat. 5026) is

18 amended by striking ‘‘Section 366’’ and in19 serting ‘‘Section 385’’.

20 (ii) EFFECTIVE DATE.—The amend21 ment made by clause (i) shall take effect

22 as if included in the amendments made by

23 Public Law 102–586.
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1 (B) ERROR RESULTING FROM REF2 ERENCES TO NONEXISTENT PROVISIONS OF

3 LAW.—

4 (i) IN GENERAL.—Section 40155 of

5 the Violent Crime Control and Law En6 forcement Act of 1994 (Public Law 103–

7 322; 108 Stat. 1922) is amended by strik8 ing ‘‘is amended—’’ and all that follows

9 through ‘‘after section 315’’ and inserting

10 the following: ‘‘is amended by adding at

11 the end’’.

12 (ii) EFFECTIVE DATE.—The amend13 ment made by clause (i) shall take effect

14 as if included in the amendments made by

15 the Violent Crime Control and Law En16 forcement Act of 1994 (Public Law 103–

17 322).

18 (2) REAUTHORIZATIONS.—

19 (A) IN GENERAL.—Section 385 of the Ju20 venile Justice and Delinquency Prevention Act

21 of 1974 (42 U.S.C. 5751) (as amended by sec22 tion 3(i) of the Public Law 102–586 (106 Stat.

23 5026) (as amended by paragraph (1)(A) of this

24 subsection)) is amended—

25 (i) in subsection (a)—
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1 (I) in paragraph (1), by striking

2 ‘‘1993 and such sums as may be nec3 essary for fiscal years 1994, 1995,

4 and 1996’’ and inserting ‘‘1998 and

5 such sums as may be necessary for

6 each of fiscal years 1999, 2000, 2001,

7 2002, and 2003’’; and

8 (II) in paragraph (3), by striking

9 subparagraphs (A) through (D) and

10 inserting the following:

11 ‘‘(A) for fiscal year 1998, not less than

12 $957,285;

13 ‘‘(B) for fiscal year 1999, not less than

14 $1,005,150;

15 ‘‘(C) for fiscal year 2000, not less than

16 $1,055,406;

17 ‘‘(D) for fiscal year 2001, not less than

18 $1,108,177;

19 ‘‘(E) for fiscal year 2002, not less than

20 $1,163,585; and

21 ‘‘(F) for fiscal year 2003, not less than

22 $1,163,585.’’;

23 (ii) in subsection (b), by striking

24 ‘‘1993 and such sums as may be necessary

25 for fiscal years 1994, 1995, and 1996’’
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1 and inserting ‘‘1999 and such sums as

2 may be necessary for each of fiscal years

3 2000, 2001, 2002, and 2003’’; and

4 (iii) in subsection (c), by striking

5 ‘‘1993, 1994, 1995, and 1996’’ and insert6 ing ‘‘1999, 2000, 2001, 2002, and 2003’’.

7 (B) ADDITIONAL REAUTHORIZATION.—

8 Section 316 of part A of the Runaway and

9 Homeless Youth Act (42 U.S.C. 5712d) (as

10 added by section 40155 of the Violent Crime

11 Control and Law Enforcement Act of 1994 (as

12 amended by paragraph (1)(B) of this sub13 section)) is—

14 (i) redesignated as section 315; and

15 (ii) amended by striking subsection (c)

16 and inserting the following:

17 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated to carry out this section

19 such sums as may be necessary for each of fiscal years

20 1999, 2000, 2001, 2002, and 2003.’’.

Passed the Senate June 26, 1998.

Attest:

Secretary.
105TH CONGRESS

2D SESSION S. 2073

AN ACT

Center for Missing and Exploited Children.

To authorize appropriations for the National