Union Calendar No. 312
105TH CONGRESS
2D SESSION
H. R. 3494
[Report No. 105–557]
A BILL
To amend title 18, United States Code, with re-
spect to violent sex crimes against children, and
for other purposes.
JUNE 3, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union and
ordered to be printed
IB
Union Calendar No. 312
105TH CONGRESS
2D SESSION
H. R. 3494
[Report No. 105–557]
To amend title 18, United States Code, with respect to violent sex crimes
against children, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 18, 1998
Mr. MCCOLLUM (for himself, Ms. DUNN, Ms. PRYCE of Ohio, Ms. GRANGER,
Mrs. NORTHUP, Mrs. FOWLER, Mr. FRANKS of New Jersey, Mr. FOLEY,
Mr. CUNNINGHAM, Mr. DEAL of Georgia, Mr. RAMSTAD, Mr. BARR of
Georgia, Mr. CHABOT, Mr. DIAZ-BALART, Mr. GUTKNECHT, and Mr.
LAMPSON) introduced the following bill; which was referred to the Com-
mittee on the Judiciary
JUNE 3, 1998
Additional sponsors: Mr. ENSIGN, Mr. ENGLISH of Pennsylvania, Mr. CAL-
VERT, Mrs. KELLY, Mr. NETHERCUTT, Mr. HASTERT, Ms. LOFGREN,
Mr. MCINNIS, Mr. TALENT, and Mr. PAPPAS
JUNE 3, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 18, 1997]
A BILL
To amend title 18, United States Code, with respect to
violent sex crimes against children, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Child Protection and
Sexual Predator Punishment Act of 1998’’.
TITLE 
I—PROTECTING 
CHIL-
DREN FROM SEXUAL PREDA-
TORS AND COMPUTER POR-
NOGRAPHY
SEC. 101. CONTACTING MINORS FOR SEXUAL PURPOSES.
Section 2422 of title 18, United States Code, is amend-
ed by adding at the end the following:
‘‘(c) Whoever, using the mail or any facility or means
of interstate or foreign commerce, or within the special mar-
itime and territorial jurisdiction of the United States—
‘‘(1) knowingly contacts an individual who has
not attained the age of 18 years; or
‘‘(2) knowingly contacts an individual, who has
been represented to the person making the contact as
not having attained the age of 18 years;
for the purposes of engaging in any sexual activity, with
a person who has not attained the age of 18 years, for which
any person may be criminally prosecuted, or attempts to
do so, shall be fined under this title or imprisoned not more
than 5 years, or both. It is a defense to a prosecution for
an offense under this section that the sexual activity is pros-
ecutable only because of the age of the individual contacted,
the individual contacted had attained the age of 12 years,
and the defendant was not more than 4 years older than
the individual contacted.’’.
SEC. 102. TRANSFER OF OBSCENE MATERIAL TO MINORS.
(a) IN GENERAL.—Chapter 71 of title 18, United
States Code, is amended by adding at the end the following:
‘‘§ 1470. Transfer of obscene material to minors
‘‘Whoever, using the mail or any facility or means of
interstate or foreign commerce—
‘‘(1) knowingly transfers obscene matter to an
individual who has not attained the age of 18 years,
or attempts to do so; or
‘‘(2) knowingly transfers obscene matter to an
individual who has been represented to the transferor
as not having attained the age of 18 years;
shall be fined under this title or imprisoned not more than
5 years, or both.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 71 of title 18, United States Code,
is amended by adding at the end the following new item:
‘‘1470. Transfer of obscene material to minors.’’.
SEC. 103. INCREASED PRISON SENTENCES FOR ENTICE-
MENT OF MINORS.
Section 2422 of title 18, United States Code, is amend-
ed—
(1) in subsection (a), by adding at the end ‘‘If
the individual had not attained the age of 18 years
at the time of the offense, the maximum imprison-
ment for an offense under this subsection is 10
years.’’; and
(2) in subsection (b), by striking ‘‘10’’ and in-
serting ‘‘15’’.
SEC. 104. ADDITIONAL JURISDICTIONAL BASE FOR PROS-
ECUTION OF PRODUCTION OF CHILD POR-
NOGRAPHY.
(a) USE OF A CHILD.—Subsection (a) of section 2251
of title 18, United States Code, is amended by inserting
‘‘if such visual depiction was produced with materials that
had been mailed, shipped, or transported in interstate or
foreign commerce by any means, including a computer,’’
before ‘‘or if’’.
(b) ALLOWING USE OF A CHILD.—Subsection (b) of
section 2251 of title 18, United States Code, is amended
by inserting ‘‘, if such visual depiction was produced with
materials that had been mailed, shipped, or transported in
interstate or foreign commerce by any means, including a
computer,’’ before ‘‘or if’’.
SEC. 105. INCREASED PENALTIES FOR CERTAIN ACTIVITIES
RELATING TO MATERIAL INVOLVING THE
SEXUAL EXPLOITATION OF MINORS OR CHILD
PORNOGRAPHY AND TECHNICAL CORREC-
TION.
(a) INCREASED PENALTIES IN SECTION 2252.—Sec-
tion 2252(b) of title 18, United States Code, is amended—
(1) in each of paragraphs (1) and (2), by strik-
ing ‘‘or chapter 109A’’ and inserting ‘‘, chapter 109A,
or chapter 117’’; and
(2) in paragraph (2), by inserting ‘‘the offense
consisted of the possession of 50 or more items of the
sort described in subsection (a)(4) or’’ after ‘‘if’’.
(b) INCREASED PENALTIES IN SECTION 2251(d).—Sec-
tion 2251(d) of title 18, United States Code, is amended
by striking ‘‘or chapter 109A’’ each place it appears and
inserting ‘‘, chapter 109A, or chapter 117’’.
(c) INCREASED PENALTIES IN SECTION 2252A.—Sec-
tion 2252A(b)(2) of title 18, United States Code, is amended
by inserting ‘‘the offense consisted of the possession of 50
or more images of the sort described in subsection (a)(4)
or’’ after ‘‘if ’’.
(d) TECHNICAL CORRECTION.—Section 2252(a) of title
18, United States Code, is amended so that paragraph (4)
reads as follows:
‘‘(4) either—
‘‘(A) in the special maritime and territorial
jurisdiction of the United States, or on any land
or building owned by, leased to, or otherwise
used by or under the control of the Government
of the United States, or in the Indian country
(as defined in section 1151 of this title), know-
ingly possesses—
‘‘(i) 3 or more books, magazines, peri-
odicals, computer disks, films, video tapes,
or other matter that contain any visual de-
piction, if—
‘‘(I) the producing of such visual
depiction involves the use of a minor
engaging in sexually explicit conduct;
and
‘‘(II) such visual depiction is of
such conduct; or
‘‘(ii) any book, magazine, periodical,
computer disk, film, videotape, computer
disk, or any other material that contains 3
or more visual depictions, if—
‘‘(I) the producing of each visual
depiction involves the use of a minor
engaging in sexually explicit conduct;
and
‘‘(II) each visual depiction is of
such conduct; or
‘‘(B) knowingly possesses—
‘‘(i) 3 or more books, magazines, peri-
odicals, computer disks, films, video tapes,
or other matter that contain any visual de-
piction that has been mailed, or has been
shipped or transported in interstate or for-
eign commerce, or which was produced
using materials which have been mailed or
so shipped or transported, by any means in-
cluding by computer, if—
‘‘(I) the producing of such visual
depiction involves the use of a minor
engaging in sexually explicit conduct;
and
‘‘(II) such visual depiction is of
such conduct; or
‘‘(ii) any book, magazine, periodical,
computer disk, film, videotape, computer
disk, or any other material that contains 3
or more visual depictions, if—
‘‘(I) the producing of each visual
depiction involves the use of a minor
engaging in sexually explicit conduct;
and
‘‘(II) each visual depiction is of
such conduct;’’.
SEC. 106. CRIMINAL FORFEITURE FOR SOLICITATION OF MI-
NORS AND INTERSTATE PROSTITUTION.
Section 2253(a) of title 18, United States Code, is
amended by inserting ‘‘, or who is convicted of an offense
under section 2421, 2422, 2423, 2252A, or 2260 of this
title,’’ after ‘‘2252 of this chapter’’ in the matter preceding
paragraph (1).
SEC. 107. PRETRIAL DETENTION OF CHILD SEX OFFEND-
ERS.
Subparagraph (C) of section 3156(a)(4) of title 18,
United States Code, is amended to read as follows:
‘‘(C) any felony under chapter 109A, 110,
or 117; and’’
SEC. 108. INCREASED PRISON SENTENCES.
Subsection (b) of section 2422 of title 18, United States
Code, is amended by adding at the end the following: ‘‘If
in the course of committing the offense under this sub-
section, the defendant used a computer to transmit a com-
munication to the minor, the minimum term of imprison-
ment for the offense under this subsection is 3 years.’’.
SEC. 109. REPEAT OFFENDERS IN TRANSPORTATION OF-
FENSE.
(a) GENERALLY.—Chapter 117 of title 18, United
States Code, is amended by adding at the end the following:
‘‘§ 2425. Repeat offenders
‘‘(a) The maximum term of imprisonment for a viola-
tion of this chapter after a prior sex offense conviction shall
be twice the term otherwise provided by this chapter.
‘‘(b) As used in this section, the term ‘prior sex offense
conviction’ means a conviction for an offense—
‘‘(1) under this chapter or chapter 109A or 110;
or
‘‘(2) under State law for an offense consisting of
conduct that would have been an offense under a
chapter referred to in paragraph (1) if the conduct
had occurred within the special maritime and terri-
torial jurisdiction of the United States or in any Ter-
ritory or Possession of the United States.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 117 of title 18, United States Code,
is amended by adding at the end the following new item:
‘‘2425. Repeat offenders.’’.
SEC. 110. DEFINITION AND ADDITION OF ATTEMPT OF-
FENSE.
(a) DEFINITION.—
(1) GENERALLY.—Chapter 117 of title 18,
United States Code, is amended by adding at the end
the following:
‘‘§ 2426. Definition for chapter
‘‘For the purposes of this chapter, sexual activity for
which any person can be charged with a criminal offense
includes the production of child pornography, as defined in
section 2256(8).’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 117 of title 18,
United States Code, is amended by adding at the end
the following new item:
‘‘2426. Definition for chapter.’’.
(b) ATTEMPT OFFENSE.—Section 2422(a) of title 18,
United States Code, is amended by inserting ‘‘or attempts
to do so,’’ after ‘‘criminal offense,’’.
SEC. 111. USE OF INTERSTATE FACILITIES TO TRANSMIT
IDENTIFYING INFORMATION ABOUT A MINOR
FOR CRIMINAL SEXUAL PURPOSES.
(a) IN GENERAL.—Chapter 110 of title 18, United
States Code, is amended by adding at the end the following:
‘‘§ 2260A. Use of interstate facilities to transmit infor-
mation about a minor
‘‘Whoever, using the mail or any facility or means of
interstate or foreign commerce, or within the special mari-
time and territorial jurisdiction of the United States, know-
ingly transmits, prints, publishes, or reproduces, or causes
to be transmitted, printed, published, or reproduced, the
name, address, telephone number, electronic mail address,
or other identifying information of an individual who has
not attained the age of 18 years for the purposes of facilitat-
ing, encouraging, offering, or soliciting any person to en-
gage in any sexual activity for which any person may be
criminally prosecuted, or attempts to do so, shall be fined
under this title or imprisoned not more than 5 years, or
both.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘2260A. Use of interstate facilities to transmit information about a minor.’’.
TITLE II—PUNISHING SEXUAL
PREDATORS
SEC. 201. SENTENCING ENHANCEMENT IN SECTION 2423
CASES.
(a) IN GENERAL.—Pursuant to its authority under
section 994(p) of title 28, United States Code, the United
States Sentencing Commission shall review and amend the
sentencing guidelines to provide a sentencing enhancement
for any offense listed in section 2423 of title 18, United
States Code.
(b) INSTRUCTION TO COMMISSION.—The Sentencing
Commission shall ensure that the sentences, guidelines, and
policy statements for offenders convicted of offenses de-
scribed in subsection (a) are appropriately severe and rea-
sonably consistent with other relevant directives and with
other guidelines.
SEC. 202. INCREASED PENALTIES FOR TRANSPORTATION
OF MINORS OR ASSUMED MINORS FOR ILLE-
GAL SEXUAL ACTIVITY AND RELATED CRIMES.
Section 2423 of title 18, United States Code, is amend-
ed to read as follows:
§ ‘‘2423. Transportation of minors and assumed mi-
nors
‘‘(a) TRANSPORTATION WITH INTENT TO ENGAGE IN
CRIMINAL SEXUAL ACTIVITY.—A person who knowingly—
‘‘(1) transports an individual who has not at-
tained the age of 18 years; or
‘‘(2) transports an individual who has been rep-
resented to the person doing that transportation as
not having attained the age of 18 years;
in interstate or foreign commerce, or in any Territory or
Possession of the United States, with intent that the indi-
vidual engage in prostitution, or in any sexual activity for
which any person can be charged with a criminal offense,
shall be fined under this title or imprisoned not more than
15 years, or both.
‘‘(b) TRAVEL WITH INTENT TO ENGAGE IN SEXUAL
ACT WITH A JUVENILE.—A person who travels in interstate
commerce, or conspires to do so, or a United States citizen
or an alien admitted for permanent residence in the United
States who travels in foreign commerce, or conspires to do
so, for the purpose of engaging in any sexual activity, with
another person who has not attained the age of 18 years
or who has been represented to the traveler or conspirator
as not having attained the age of 18 years, for which any
person can be charged with a criminal offense, shall be fined
under this title, imprisoned not more than 15 years, or
both.’’.
SEC. 203. INCREASED PENALTIES FOR ABUSIVE SEXUAL
CONTACT.
Section 2244 of title 18, United States Code, is amend-
ed by adding at the end the following:
‘‘(c) OFFENSES INVOLVING YOUNG CHILDREN.—If the
sexual contact that violates this section is with an individ-
ual 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. 204. PUNISHMENT FOR REPEAT OFFENDERS.
Section 2241 of title 18, United States Code, is amend-
ed by inserting after subsection (d) the following:
‘‘(e) PUNISHMENT
FOR REPEAT OFFENDERS.—(1)
Whoever has twice previously been convicted of a serious
State or Federal sex crime and who—
‘‘(A) violates this section; or
‘‘(B) in a circumstance described in paragraph
(2) of this subsection, engages in conduct that would
have violated this section if the conduct had occurred
in the special maritime and territorial jurisdiction of
the United States;
shall be imprisoned for life.
‘‘(2) The circumstance referred to in paragraph (1) of
this subsection is that—
‘‘(A) the person engaging in such conduct trav-
eled in interstate or foreign commerce or used the
mail or any facility or means of interstate or foreign
commerce in furtherance of the offense; or
‘‘(B) such conduct occurs in or affects interstate
or foreign commerce and would have violated this sec-
tion if the conduct had occurred in the special mari-
time and territorial jurisdiction of the United States.
‘‘(f) SERIOUS STATE OR FEDERAL SEX CRIME.—For
the purposes of subsections (e) and (f), the term serious
State or Federal sex crime means a State or Federal offense
for conduct which—
‘‘(1) is an offense under this section or section
2242 of this title; or
‘‘(2) would have been an offense under either of
such sections if the offense had occurred in the special
maritime or territorial jurisdiction of the United
States.’’.
SEC. 205. REPEAT OFFENDERS IN SEXUAL ABUSE CASES.
Section 2247 of title 18, United States Code, is amend-
ed to read as follows:
‘‘§ 2247. Repeat offenders
‘‘(a) The maximum term of imprisonment for a viola-
tion of this chapter after a prior sex offense conviction shall
be twice the term otherwise provided by this chapter.
‘‘(b) As used in this section, the term ‘prior sex offense
conviction’ has the meaning given that term in section
2425.’’.
SEC. 206. CIVIL REMEDY FOR PERSONAL INJURIES RESULT-
ING FROM CERTAIN SEX CRIMES AGAINST
CHILDREN.
Section 2255(a) of title 18, United States Code, is
amended by striking ‘‘2251 or 2252’’ and inserting
‘‘2241(c), 2243, 2251, 2252, 2421, 2422, or 2423’’.
SEC. 207. ELIMINATION OF REDUNDANCY AND AMBIGU-
ITIES.
(a) REDUNDANCY.—Section 2243(a) of title 18, United
States Code, is amended by striking ‘‘crosses a State line
with intent to engage in a sexual act with a person who
has not attained the age of 12 years, or’’.
(b) MAKING CONSISTENT LANGUAGE ON AGE DIF-
FERENTIAL.—Section 2241(c) of title 18, United States
Code, is amended by striking ‘‘younger than that person’’
and inserting ‘‘younger than the person so engaging’’.
(c) DEFINITION OF STATE.—Section 2246 of title 18,
United States Code, is amended—
(1) in paragraph (5), by striking the period and
inserting a semicolon; and
(2) by adding a new paragraph as follows:
‘‘(6) the term ‘State’ means a State of the United
States, the District of Columbia, and any common-
wealth, possession, or territory of the United States.’’.
SEC. 208. DEATH OR LIFE IN PRISON FOR CERTAIN OF-
FENSES WHOSE VICTIMS ARE CHILDREN.
Section 3559 of title 18, United States Code, is amend-
ed by adding at the end the following:
‘‘(d) DEATH OR IMPRISONMENT FOR CRIMES AGAINST
CHILDREN.—Notwithstanding any other provision of law,
a person who is convicted of a Federal offense that is a
serious violent felony (as defined in subsection (c)) or a vio-
lation of section 2251 shall, unless the sentence of death is
imposed, be sentenced to imprisonment for life, if the victim
of the offense is under 14 years of age, the victim dies as
a result of the offense, and the defendant, in the course of
the offense, engages in conduct described in section
3591(a)(2).’’.
TITLE III—FEDERAL INVESTIGA-
TIONS 
OF 
SEX 
CRIMES
AGAINST CHILDREN AND SE-
RIAL KILLERS
SEC. 301. ADMINISTRATIVE SUBPOENAS.
(a) IN GENERAL.—Chapter 203 of title 18, United
States Code, is amended by adding at the end the following:
‘‘§ 3064. Administrative subpoenas
‘‘(a) AUTHORIZATION OF USE.—In an investigation of
an alleged violation of section 2241(c), 2243, 2421, 2422,
or 2423 of this title where a victim is an individual who
has not attained the age of 18 years, the Attorney General
may subpoena witnesses, compel the production of any
records (including books, papers, documents, electronic
data, and other tangible things which constitute or contain
evidence) which the Attorney General finds relevant or ma-
terial to the investigation. The attendance of witnesses and
the production of records may be required from any place
in any State or in any territory or other place subject to
the jurisdiction of the United States at any designated place
of hearing, except that a witness shall not be required to
appear at any hearing more than 500 miles distant from
the place where the witness was served with a subpoena.
Witnesses summoned under this section shall be paid the
same fees and commissions that are paid witnesses in the
courts of the United States.
‘‘(b) SERVICE.—A subpoena issued under this section
may be served by any person designated in the subpoena
to serve it. Service upon a natural person may be made
by personal delivery of the subpoena to that person or by
certified mail with return receipt requested. Service may
be made upon a domestic or foreign corporation or upon
a partnership or other unincorporated association which is
subject to suit under a common name, by delivering the sub-
poena to an officer, to a managing or general agent, or any
other agent authorized by appointment or by law to receive
service of process. The affidavit of the person serving the
subpoena entered on a true copy thereof by the person serv-
ing it shall be proof of service.
‘‘(c) ENFORCEMENT.—In the case of contumacy by or
the refusal to obey a subpoena issued to any person under
this section, the Attorney General may invoke the aid of
any court of the United States within the jurisdiction of
which the investigation is carried on, or of which the person
is an inhabitant or in which the person carries on business
or may be found, to compel compliance with the subpoena.
The court may issue an order requiring the subpoenaed per-
son to appear before the Attorney General to produce
records, if so ordered, or to give testimony regarding the
matter under investigation. Any failure to obey the order
of the court may be punished by the court as contempt there-
of. All process in any such case may be served in any judi-
cial district in which such person may be found.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 203 of title 18, United States Code,
is amended by adding at the end the following new item:
‘‘3064. Administrative subpoenas.’’.
SEC. 302. KIDNAPPING.
(a) 24-HOUR RULE.—Section 1201(b) of title 18,
United States Code, is amended by adding at the end the
following: ‘‘However, the fact that the presumption under
this section has not yet taken effect does not preclude a Fed-
eral investigation of a possible violation of this section be-
fore the twenty-four hour period has ended.’’.
(b) JURISDICTIONAL ELEMENTS.—Section 1201(a) of
title 18, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph (4);
and
(2) by adding after paragraph (5) the following:
‘‘(6) the mail or any facility or means of inter-
state or foreign commerce is used in furtherance of the
offense; or
‘‘(7) the offense affects interstate or foreign com-
merce, or would do so if the offense were con-
summated;’’.
(c) CLARIFICATION OF ELEMENT OF OFFENSE.—Sec-
tion 1201(a) of title 18, United States Code, is amended
by inserting ‘‘, regardless of whether such person was alive
when transported across a State boundary provided the per-
son was alive when the transportation began’’ before the
semicolon at the end of paragraph (1);
SEC. 303. AUTHORITY TO INVESTIGATE SERIAL KILLINGS.
(a) IN GENERAL.—Chapter 33 of title 28, United
States Code, is amended by inserting after section 537 the
following:
‘‘§ 540B. Investigation of serial killings
‘‘(a) The Attorney General and the Federal Bureau of
Investigation may investigate serial killings in violation of
the laws of a State or political subdivision, when such in-
vestigation is requested by the head of a law enforcement
agency with investigative or prosecutive jurisdiction over
the offense.
‘‘(b) For purposes of this section—
‘‘(1) the term ‘serial killings’ means a series of
3 or more killings, at least one of which was commit-
ted within the United States, having common charac-
teristics such as to suggest the reasonable possibility
that the crimes were committed by the same actor or
actors;
‘‘(2) the term ‘killing’ means conduct that would
constitute an offense under section 1111 of title 18,
United States Code, if Federal jurisdiction existed;
and
‘‘(3) the term ‘State’ means a State of the United
States, the District of Columbia, and any common-
wealth, territory, or possession of the United States.’’.
(b) The table of sections at the beginning of chapter
33 of title 28, United States Code, is amended by adding
at end the following new item:
‘‘540B. Investigation of serial killings.’’.
SEC. 304. MORGAN P. HARDIMAN CHILD ABDUCTION AND
SERIAL MURDER INVESTIGATIVE RESOURCES
CENTER.
(a) ESTABLISHMENT.—Not later than 90 days after
the date of the enactment of this Act, the Attorney General
shall establish a Child Abduction and Serial Murder Inves-
tigative Resources Center to be known as the ‘‘Morgan P.
Hardiman Child Abduction and Serial Murder Investiga-
tive Resources Center’’ (hereinafter in this section referred
to as the ‘‘CASMIRC’’).
(b) PURPOSE.—The purpose of this section is to estab-
lish a Federal Bureau of Investigation Child Abduction and
Serial Murder Investigative Resources Center managed by
the FBI’s Critical Incident Response Group’s National Cen-
ter for the Analysis of Violent Crime (NCAVC) and multi-
disciplinary resource teams in FBI field offices to provide
investigative support through the coordination and provi-
sion of Federal law enforcement resources, training, and ap-
plication of other multidisciplinary expertise, to assist Fed-
eral, State, and local authorities in matters involving child
abductions, mysterious disappearance of children, child
homicide, and serial murder across the country. The
CASMIRC shall be co-located with the NCAVC.
(c) DUTIES OF THE CASMIRC.—The CASMIRC shall
perform such duties as the Attorney General deems appro-
priate to carry out the purposes of the CASMIRC, including
but not limited to—
(1) identifying, developing, researching, acquir-
ing, 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 dis-
appearance of children, child homicide, and serial
murder investigations;
(2) providing advice and coordinating the appli-
cation of current and emerging technical, forensic,
and other Federal assistance to Federal, State, and
local authorities in child abduction, mysterious dis-
appearances 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 disappear-
ances 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 Mar-
shals Service, as appropriate, and with the concur-
rence of the agency head to support Federal, State,
and local law enforcement involved in child abduc-
tion, mysterious disappearance of a child, child homi-
cide, and serial murder investigations;
(6) conducting ongoing research related to child
abductions, mysterious disappearances of children,
child homicides, and serial murder, including identi-
fication and investigative application of current and
emerging technologies, identification of investigative
searching technologies and methods for physically lo-
cating abducted children, investigative use of offender
behavioral assessment and analysis concepts, gather-
ing statistics and information necessary for case iden-
tification, trend analysis, and case linkages to ad-
vance the investigative effectiveness of outstanding ab-
ducted children cases, develop investigative systems to
identify and track serious serial offenders that repeat-
edly 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 sec-
tion;
(7) working under the Federal Bureau of Inves-
tigation’s NCAVC in coordination with the National
Center 
For 
Missing 
and 
Exploited 
Children
(NCMEC) and the Office of Juvenile Justice and De-
linquency Prevention (OJJDP) to provide appro-
priate training to Federal, State, and local law en-
forcement in matters regarding child abductions,
mysterious disappearances of children, child homi-
cides; 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 re-
quests for and provision of investigative support serv-
ices.
(d) 
APPOINTMENT
OF
PERSONNEL
TO
THE
CASMIRC.—
(1) SELECTION OF MEMBERS OF THE CASMIRC
AND PARTICIPATING STATE AND LOCAL LAW ENFORCE-
MENT PERSONNEL.—The Director of the Federal Bu-
reau of Investigation shall appoint the members of the
CASMIRC. The CASMIRC shall be staffed with FBI
personnel and other necessary personnel selected for
their expertise that would enable them to assist in the
research, data collection, and analysis, and provision
of investigative support in child abduction, mysteri-
ous disappearance of children, child homicide and se-
rial murder investigations. The Director may, with
concurrence of the appropriate State or local agency,
also appoint State and local law enforcement person-
nel to work with the CASMIRC.
(2) STATUS.—Each member of the CASMIRC
(and each individual from any State or local law en-
forcement 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 re-
view), and service with the CASMIRC shall be with-
out interruption or loss of civil service privilege or
status and shall be on a nonreimbursable basis, except
where appropriate to reimburse State and local law
enforcement for overtime costs for an individual ap-
pointed to work with the resource team. Additionally,
reimbursement of travel and per diem expenses will
occur for State and local law enforcement participa-
tion in resident fellowship programs at the NCAVC
when offered.
(3) TRAINING.—CASMIRC personnel, under the
guidance of the Federal Bureau of Investigation’s Na-
tional Center for the Analysis of Violent Crime and
in consultation with the NCMEC, shall develop a spe-
cialized course of instruction devoted to training
members of the CASMIRC consistent with the purpose
of this section. The CASMIRC shall also work with
the NCMEC and OJJDP to develop a course of in-
struction for State and local law enforcement person-
nel to facilitate the dissemination of the most current
multidisciplinary expertise in the investigation of
child abductions, mysterious disappearances of chil-
dren, child homicides, and serial murder of children.
(e) REPORT TO CONGRESS.—One year after the estab-
lishment of the CASMIRC, the Attorney General shall pro-
vide a report to Congress that describes the goals and activi-
ties of the CASMIRC. The report shall also contain infor-
mation regarding the number and qualifications of the
members appointed to the CASMIRC, provision for equip-
ment, administrative support, and office space for the
CASMIRC, and projected resource needs for the CASMIRC.
(f) AUTHORIZATION OF APPROPRIATION.—There are
authorized to be appropriated to carry out this section such
sums as may be necessary for fiscal year 1999 and each
of the two succeeding fiscal years.
(g) CONFORMING REPEAL.—Subtitle C of title XVII of
the Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 5776a et seq.) is repealed.
TITLE IV—RESTRICTED ACCESS
TO INTERACTIVE COMPUTER
SERVICE
SEC. 401. PRISONER ACCESS.
Notwithstanding any other provision of law, no agen-
cy, officer, or employee of the United States shall imple-
ment, or provide any financial assistance to, any Federal
program or Federal activity in which a Federal prisoner
is allowed access to any interactive computer service with-
out the supervision of an official of the Government.
SEC. 402. RECOMMENDED PROHIBITION.
(a) FINDINGS.—Congress finds that—
(1) a Minnesota State prisoner, serving 23 years
for molesting teenage girls, worked for a nonprofit
work and education program inside the prison,
through which the prisoner had unsupervised access to
the Internet;
(2) the prisoner, through his unsupervised access
to the Internet, trafficked in child pornography over
the Internet;
(3) Federal law enforcement authorities caught
the prisoner with a computer disk containing 280
pictures of juveniles engaged in sexually explicit con-
duct;
(4) a jury found the prisoner guilty of conspir-
ing to trade in child pornography and possessing
child pornography;
(5) the United States District Court for the Dis-
trict of Minnesota sentenced the prisoner to 87
months in Federal prison, to be served upon the com-
pletion 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 Na-
tion’s children at risk of harm and exploitation at the
hands of predators on the Internet and increasing the
ease of trafficking in child pornography.
(b) SENSE OF CONGRESS.—Congress strongly urges
State Governors, State legislators, and State prison admin-
istrators to prohibit unsupervised access to the Internet by
State prisoners.
SEC. 403. SURVEY.
(a) SURVEY.—Not later than 6 months after the date
of the enactment of this Act, the Attorney General shall con-
duct 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 re-
port to Congress of the findings of the survey conducted pur-
suant to subsection (a).
(c) DEFINITION.—For the purposes of this section, the
term ‘‘State’’ means each of the 50 States and the District
of Columbia.