II
Calendar No. 587
105TH CONGRESS
2D SESSION
H. R. 3494
IN THE SENATE OF THE UNITED STATES
JUNE 16, 1998
Received; read twice and referred to the Committee on the Judiciary
SEPTEMBER 17, 1998
Reported by Mr. HATCH, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed in italic]
AN ACT
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’’.
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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
amended 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
maritime
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 at-
tempts to do so, shall be fined under this title or impris-
oned 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 prosecutable only because of the age of
the individual contacted, the individual contacted had at-
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tained 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 follow-
ing:
‘‘§ 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 trans-
feror 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
amended—
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(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
PROSECUTION
OF
PRODUCTION
OF
CHILD
PORNOGRAPHY.
(a) USE OF A CHILD.—Subsection (a) of section
2251 of title 18, United States Code, is amended by in-
serting ‘‘if such visual depiction was produced with mate-
rials 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 ’’.
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SEC. 105. INCREASED PENALTIES FOR CERTAIN ACTIVITIES
RELATING
TO
MATERIAL
INVOLVING
THE
SEXUAL
EXPLOITATION
OF
MINORS
OR
CHILD PORNOGRAPHY AND TECHNICAL COR-
RECTION.
(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).—
Section 2251(d) of title 18, United States Code, is amend-
ed by striking ‘‘or chapter 109A’’ each place it appears
and inserting ‘‘, chapter 109A, or chapter 117’’.
(c) INCREASED PENALTIES IN SECTION 2252A.—
Section 2252A(b)(2) of title 18, United States Code, is
amended by inserting ‘‘the offense consisted of the posses-
sion of 50 or more images of the sort described in sub-
section (a)(4) or’’ after ‘‘if ’’.
(d) MODIFICATION OF POSSESSION OFFENSE.—Sec-
tion 2252(a) of title 18, United States Code, is amended
so that paragraph (4) reads as follows:
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‘‘(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 other-
wise used by or under the control of the Fed-
eral Government, or in the Indian country (as
defined in section 1151 of this title), knowingly
possesses a book, magazine, periodical, com-
puter disk, film, video tape, or any other matter
that contains a visual depiction of sexually ex-
plicit conduct and the production of which in-
volves the use of a minor engaging in that con-
duct; or
‘‘(B) knowingly possesses a book, maga-
zine, periodical, computer disk, film, video tape,
or any other matter that—
‘‘(i) has been mailed, or has been
shipped or transported by any means, in-
cluding computer, in interstate or foreign
commerce, or which was produced using
materials which were mailed or so shipped
or transported; and
‘‘(ii) contains a visual depiction of
sexually explicit conduct and the produc-
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SEC.
110.
DEFINITION
AND
ADDITION
OF
ATTEMPT
OFFENSE.
(a) DEFINITION.—
(1) IN GENERAL.—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 at-
tempts 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 follow-
ing:
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‘‘§ 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
maritime and territorial jurisdiction of the United States,
knowingly transmits, prints, publishes, or reproduces, or
causes to be transmitted, printed, published, or repro-
duced, the name, address, telephone number, electronic
mail address, or other identifying information of an indi-
vidual who has not attained the age of 18 years for the
purposes of facilitating, encouraging, offering, or soliciting
any person to engage 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.’’.
SEC. 112. STUDY OF PERSISTENT SEXUAL OFFENDERS.
The National Institute of Justice, either directly or
through grant, shall carry out a study of persistent sexual
predators. Not later than one year after the date of the
enactment of this Act, such Institute shall report to Con-
gress and the President the results of such study. Such
report shall include—
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(1) a synthesis of current research in psychol-
ogy, sociology, law, criminal justice, and other fields
regarding persistent sexual offenders, including—
(A) common characteristics of such offend-
ers;
(B) recidivism rates for such offenders;
(C) treatment techniques and their effec-
tiveness;
(D) responses of offenders to treatment
and deterrence; and
(E) the possibility of early intervention to
prevent people from becoming sexual predators;
and
(2) an agenda for future research in this area.
SEC.
113.
REPORTING
OF
CHILD
PORNOGRAPHY
BY
ELECTRONIC
COMMUNICATION
SERVICE
PROVIDERS.
(a) IN GENERAL.—Whoever, while engaged in provid-
ing an electronic communication service or a remote com-
puting 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, or 2252A of title 18, United States
Code, involving child pornography (as defined in section
2256 of such title), is apparent shall, as soon as reason-
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ably possible, make a report of such facts or circumstances
to an agency or agencies designated by the Attorney Gen-
eral. The Attorney General shall make a designation of
the agency or agencies described in the preceding sentence
not later than 180 days after the date of the enactment
of this subsection. A person who fails to make a report
required under this section shall be fined not more than
$100,000. A term used in this section has the same mean-
ing given that term when used in section 226(a) of the
Crime Control Act of 1990 (42 U.S.C. 13031(a)).
(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 such contents—
‘‘(i) were inadvertently obtained by
the service provider; and
‘‘(ii) appear to pertain to the commis-
sion of a crime; or
‘‘(B) if required by section 113 of the
Child Protection and Sexual Predator Punish-
ment Act of 1998.’’.
(c) CIVIL LIABILITY.—No provider or user of an elec-
tronic communication service or a remote computing serv-
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ice 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 RE-
QUIRED IN REPORT.—A report under this section may in-
clude information or material developed by an electronic
communication service or remote computing service, but
the Federal Government may not require an electronic
communication service or remote computing service to in-
clude such information or material in that report.
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
described in subsection (a) are appropriately severe and
reasonably consistent with other relevant directives and
with other guidelines.
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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
amended to read as follows:
‘‘§ 2423.
Transportation
of
minors
and
assumed
minors
‘‘(a) TRANSPORTATION WITH INTENT TO ENGAGE
IN CRIMINAL SEXUAL ACTIVITY.—A person who know-
ingly—
‘‘(1) transports an individual who has not
attained 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 inter-
state commerce, or conspires to do so, or a United States
citizen or an alien admitted for permanent residence in
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the United States who travels in foreign commerce, or con-
spires 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 of-
fense, 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
amended by adding at the end the following:
‘‘(c) OFFENSES INVOLVING YOUNG CHILDREN.—If
the sexual contact that violates this section is with an indi-
vidual who has not attained the age of 12 years, the maxi-
mum term of imprisonment that may be imposed for the
offense shall be twice that otherwise provided in this sec-
tion.’’.
SEC. 204. PUNISHMENT FOR REPEAT OFFENDERS.
Section 2241 of title 18, United States Code, is
amended 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
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‘‘(B) in a circumstance described in paragraph
(2) of this subsection, engages in conduct that would
have violated this section if the conduct had oc-
curred in the special maritime and territorial juris-
diction 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 inter-
state or foreign commerce and would have violated
this section if the conduct had occurred in the spe-
cial maritime 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 spe-
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cial 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
amended 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 of-
fense conviction’ has the meaning given that term in sec-
tion 2425.’’.
SEC.
206.
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), 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’’.
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(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
commonwealth, possession, or territory of the United
States.’’.
SEC.
208.
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.—Notwithstanding any other provi-
sion 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 2251 shall, unless the sen-
tence 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
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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
SERIAL KILLERS
SEC. 301. ADMINISTRATIVE SUBPOENAS.
(a) IN GENERAL.—Chapter 203 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 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, elec-
tronic data, and other tangible things which constitute or
contain evidence) which the Attorney General finds rel-
evant or material 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
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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
subpoena 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 serving 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 jurisdic-
tion 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
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subpoenaed person to appear before the Attorney General
to produce records, if so ordered, or to give testimony re-
garding the matter under investigation. Any failure to
obey the order of the court may be punished by the court
as contempt thereof. All process in any such case may be
served in any judicial 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
Federal investigation of a possible violation of this section
before 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:
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‘‘(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
commerce, or would do so if the offense were con-
summated;’’.
(c) CLARIFICATION OF ELEMENT OF OFFENSE.—
Section 1201(a) of title 18, United States Code, is amend-
ed by inserting ‘‘, regardless of whether such person was
alive when transported across a State boundary provided
the person was alive when the transportation began’’ be-
fore 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
investigation is requested by the head of a law enforce-
ment agency with investigative or prosecutive jurisdiction
over the offense.
‘‘(b) For purposes of this section—
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‘‘(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 char-
acteristics such as to suggest the reasonable possibil-
ity 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
commonwealth, 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
RE-
SOURCES CENTER.
(a) ESTABLISHMENT.—Not later than 90 days after
the date of the enactment of this Act, the Attorney Gen-
eral shall establish a Child Abduction and Serial Murder
Investigative Resources Center to be known as the ‘‘Mor-
gan P. Hardiman Child Abduction and Serial Murder In-
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vestigative Resources Center’’ (hereinafter in this section
referred to as the ‘‘CASMIRC’’).
(b) PURPOSE.—The purpose of this section is to es-
tablish a Federal Bureau of Investigation Child Abduction
and Serial Murder Investigative Resources Center man-
aged by the FBI’s Critical Incident Response Group’s Na-
tional Center for the Analysis of Violent Crime (NCAVC)
and multidisciplinary resource teams in FBI field offices
to provide investigative support through the coordination
and provision of Federal law enforcement resources, train-
ing, and application of other multidisciplinary expertise,
to assist Federal, 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
appropriate 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-
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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, mys-
terious 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 Serv-
ice, the Postal Inspection Service, and the United
States Marshals Service, as appropriate, and with
the concurrence of the agency head to support Fed-
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eral, 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 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 of-
fender behavioral assessment and analysis concepts,
gathering statistics and information necessary for
case identification, trend analysis, and case linkages
to advance the investigative effectiveness of out-
standing abducted children cases, develop investiga-
tive systems to identify and track serious serial of-
fenders that repeatedly victimize children for com-
parison to unsolved cases, and other investigative re-
search pertinent to child abduction, mysterious dis-
appearance of a child, child homicide, and serial
murder covered in this section;
(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
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Delinquency 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, mysteri-
ous 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 re-
garding CASMIRC investigative resources, research,
and requests for and provision of investigative sup-
port services.
(d)
APPOINTMENT
OF
PERSONNEL
TO
THE
CASMIRC.—
(1) SELECTION OF MEMBERS OF THE CASMIRC
AND
PARTICIPATING
STATE
AND
LOCAL
LAW
EN-
FORCEMENT PERSONNEL.—The Director of the Fed-
eral Bureau of Investigation shall appoint the mem-
bers of the CASMIRC. The CASMIRC shall be
staffed with FBI personnel and other necessary per-
sonnel selected for their expertise that would enable
them to assist in the research, data collection, and
analysis, and provision of investigative support in
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child abduction, mysterious disappearance of chil-
dren, child homicide and serial murder investiga-
tions. The Director may, with concurrence of the ap-
propriate 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 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, ex-
cept where appropriate to reimburse State and local
law enforcement for overtime costs for an individual
appointed to work with the resource team. Addition-
ally, reimbursement of travel and per diem expenses
will occur for State and local law enforcement par-
ticipation in resident fellowship programs at the
NCAVC when offered.
(3)
TRAINING.—CASMIRC
personnel,
under
the guidance of the Federal Bureau of Investiga-
tion’s National Center for the Analysis of Violent
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Crime and in consultation with the NCMEC, 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 NCMEC and OJJDP to develop a
course of instruction for State and local law enforce-
ment personnel to facilitate the dissemination of the
most current multidisciplinary expertise in the inves-
tigation of child abductions, mysterious disappear-
ances of children, child homicides, and serial murder
of children.
(e) REPORT TO CONGRESS.—One year after the es-
tablishment of the CASMIRC, the Attorney General shall
provide a report to Congress that describes the goals and
activities of the CASMIRC. The report shall also contain
information regarding the number and qualifications of
the members appointed to the CASMIRC, provision for
equipment, 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.
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(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 Federal Govern-
ment.
SEC. 402. RECOMMENDED PROHIBITION.
(a) FINDINGS.—Congress finds that—
(1) a Minnesota State prisoner, serving 23
years for molesting teenage girls, worked for a non-
profit work and education program inside the prison,
through which the prisoner had unsupervised access
to the Internet;
(2) the prisoner, through his unsupervised ac-
cess to the Internet, trafficked in child pornography
over the Internet;
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(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
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 exploi-
tation at the hands of predators on the Internet and
increasing the ease of trafficking in child pornog-
raphy.
(b) SENSE OF THE CONGRESS.—Congress strongly
urges State Governors, State legislators, and State prison
administrators 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
conduct a survey of the States to determine to what extent
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each State allows prisoners access to any interactive com-
puter 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) DEFINITION.—For purposes of this section, the
term ‘‘State’’ means each of the 50 States and the District
of Columbia.
TITLE V—SEX OFFENDER MAN-
AGEMENT
ASSISTANCE
PRO-
GRAM
SEC. 501. GRANTS TO STATES TO OFFSET COSTS ASSOCI-
ATED WITH THE JACOB WETTERLING CRIMES
AGAINST CHILDREN AND SEXUALLY VIOLENT
OFFENDER REGISTRATION ACT.
(a) IN GENERAL.—Section 170101 of the Violent
Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14071) is amended by—
(1) redesignating the second subsection (g) as
subsection (h); and
(2) adding at the end the following new sub-
section:
‘‘(i) GRANTS
TO STATES
TO COMPLY
WITH
THE
WETTERLING ACT.—
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‘‘(1) PROGRAM AUTHORIZED.—
‘‘(i) IN
GENERAL.—The Director of the
Bureau of Justice Assistance shall award a
grant to each eligible State to offset costs di-
rectly associated with complying with the Jacob
Wetterling Crimes Against Children and Sexu-
ally Violent Offender Registration Act. Such
grant program shall be known as the ‘‘Sex Of-
fender
Management
Assistance
Program
(SOMA)’’.
‘‘(ii) USES
OF
FUNDS.—Grants 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 di-
rectly associated with complying with the
Jacob Wetterling Crimes Against Children
and Sexually Violent Offender Registration
Act.
‘‘(2) ELIGIBILITY.—
‘‘(i) APPLICATION.—To be eligible to re-
ceive a grant under this subsection, the chief
executive of a State shall, on an annual basis,
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submit an application to the Director of the
Bureau of Justice Assistance (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) the
Jacob Wetterling Crimes Against Children
and Sexually Violent Offender Registration
Act; and
‘‘(II) where applicable, the State has
penalties comparable to or greater than
Federal penalties for crimes listed in such
Act.
The Director of the Bureau of Justice Assist-
ance may waive the requirement of subclause
(II) if a State demonstrates an overriding need
for assistance under this subsection.
‘‘(ii) REGULATIONS.—
‘‘(I) IN GENERAL.—Not later than 90
days after the date of enactment of this
subsection, the Director shall promulgate
regulations to implement this subsection
(including the information that must be in-
cluded
and
the
requirements
that
the
States must meet) in submitting the appli-
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cations 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 pro-
grams.
‘‘(II)
CERTAIN
TRAINING
PRO-
GRAMS.—Prior to implementing this sub-
section, the Director of the Bureau of Jus-
tice Assistance 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 the Violent Crime Control
and Law Enforcement Act of 1994 (Public
Law 103–322). In a case in which incor-
porating such activities into the SOMA
program will eliminate duplication of ef-
forts or administrative costs, the Director
shall take administrative actions, as allow-
able, and make recommendations to Con-
gress to incorporate such activities into the
SOMA program prior to implementing the
SOMA program.’’.
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(b) STUDY.—The Director of the Bureau of Justice
Assistance shall conduct a study to assess the efficacy of
the SOMA program and submit recommendations to Con-
gress not later than March 1, 2000.
(c) AUTHORIZATION FOR APPROPRIATIONS.—There
are authorized to be appropriated to carry out subsection
(i) of section 170101 of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14211),
$25,000,000 for each of fiscal years 1999 and 2000.
TITLE
VI—FACILITATING
FIN-
GERPRINT CHECKS TO PRO-
TECT CHILDREN FROM SEX-
UAL
PREDATORS
AND
VIO-
LENT CRIMINALS
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Volunteers for Chil-
dren Act’’.
SEC.
602.
ACCESS
TO
CRIMINAL
FINGERPRINT
BACK-
GROUND CHECKS.
(a) STATE AGENCY.—Section 3(a) of the National
Child Protection Act of 1993 (42 U.S.C. 5119a(a)) is
amended by adding at the end the following:
‘‘(3) In the absence of State procedures referred to
in paragraph (1), youth-serving volunteer organizations
and institutions may contact an authorized agency of the
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State to request national criminal fingerprint background
checks. Entities requesting background checks under this
paragraph shall follow the guidelines in subsection (b) and
procedures, if any, for requesting national criminal finger-
print background checks established by the State in which
they are located.
(b) FEDERAL LAW.—Section 3(b)(5) of such Act (42
U.S.C. 5119a(b)(5)) is amended by inserting before the
period at the end the following: ‘‘, except that this para-
graph does not apply to any request by youth-serving vol-
unteer organizations and institutions for national criminal
fingerprint background checks pursuant to subsection
(a)(3)’’.
(c) AUTHORIZATION.—Section 4(b)(2) of such Act
(42 U.S.C. 5119b(b)(2)) is amended by striking ‘‘1994,
1995, 1996, and 1997’’ and inserting ‘‘1999, 2000, 2001,
and 2002’’.
TITLE VII—MODEL
NOTIFICATION
SEC. 701. FINDINGS AND SENSE OF THE CONGRESS.
(a) FINDINGS.—Congress finds the following:
(1) States are now required to release certain
relevant information to protect the public from sexu-
ally violent offenders.
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(2) Many States have not established guidelines
regarding the notification and release of a sexually
violent offender.
(b) SENSE OF THE CONGRESS.—It is the sense of
the Congress that each State should enact legislation
based on the model notification process described in sec-
tions 502 through 514.
SEC. 702. ESTABLISHMENT OF ADVISORY BOARD FOR RISK
ASSESSMENT.
(a) ESTABLISHMENT.—The State shall establish an
Advisory Board for Risk Assessment (referred to in this
title as the ‘‘Board’’) which consists of not less than five
members appointed by the Chief Executive Officer of the
State.
(b) DUTIES.—The Board shall comply with the re-
quirements and guidelines established for a State board
under section 170101 of the Violent Crime Control and
Law Enforcement Act of 1994 and the provisions of this
title.
(c) MEMBERSHIP.—Each member shall, by experi-
ence or training, have a personal interest or professional
expertise in law enforcement, crime prevention, victim ad-
vocacy, criminology, psychology, parole, public education,
or community relations.
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(d) TERM.—The term of office of each member of
such Board shall be determined by the Chief Executive
Officer of the State in guidelines issued pursuant to this
section.
(e) VACANCY.—Any member chosen to fill a vacancy
occurring other than by expiration of a term shall be ap-
pointed for the remainder of the unexpired term.
(f) CHAIRPERSON.—The Chief Executive Officer of
the State shall designate one of the members of the Board
as chairperson to serve in such capacity at the pleasure
of the Officer or until the member’s term of office expires
and a successor is designated in accordance with law,
whichever occurs first.
(g) TERMINATION.—Any member of the Board may
be removed by the Chief Executive Officer for cause after
an opportunity to be heard.
(h) QUORUM.—Except as otherwise provided by law,
a majority of the Board shall constitute a quorum for the
transaction of all business of the Board.
SEC. 703. GUIDELINES FOR TIER DETERMINATION.
(a) IN GENERAL.—The Chief Executive Officer of the
State or a designee shall develop guidelines and proce-
dures for use by the Board to assess the risk of a repeat
offense by such sex offender and the threat posed to the
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public safety. Such guidelines shall be based upon the fol-
lowing:
(1) Criminal history factors indicative of high
risk of repeat offense, including—
(A) whether the sex offender has a mental
abnormality;
(B) whether the sex offender’s conduct was
found to be characterized by repetitive and
compulsive behavior, associated with drugs or
alcohol;
(C) whether the sex offender served the
maximum term;
(D) whether the sex offender committed
the felony sex offense against a child; and
(E) the age of the sex offender at the time
of the commission of the first sex offense.
(2) Other factors to be considered in determin-
ing risk, including—
(A) the relationship between such sex of-
fender and the victims;
(B) whether the offense involved the use of
a weapon, violence, or infliction of serious bod-
ily injury;
(C) the number, date, and nature of prior
offenses;
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(D) conditions of release that minimize
risk of another offense, including whether the
sex offender is under supervision, receiving
counseling, therapy or treatment, or residing in
a home situation that provides guidance and su-
pervision;
(E) physical conditions that minimize risk
of another offense, including advanced age or
debilitating illness;
(F) whether psychological or psychiatric
profiles indicate a risk of recidivism;
(G) the sex offender’s response to treat-
ment;
(H) recent behavior, including behavior
while confined;
(I) recent threats or gestures against per-
sons or expression of intent to commit addi-
tional offenses; and
(J) review of any victim impact statement.
(b) INFORMATION TRANSFER.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, any State or local correctional facil-
ity, hospital, or institution shall forward relevant in-
formation pertaining to a sex offender to be dis-
charged, paroled, or released to the Board for review
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prior to the release or discharge for consideration by
the Board in its recommendations. Information shall
include the commitment file, medical file, and treat-
ment file pertaining to such person.
(2)
CONFIDENTIALITY.—All
confidential
records provided under paragraph (1) shall remain
confidential, unless otherwise ordered by a court, by
the lawful custodians of the records, or by another
person duly authorized to release such information.
SEC. 704. BOARD RECOMMENDATIONS.
The Board shall use the guidelines established pursu-
ant to section 503(a) to recommend to an appropriate
court of the State one of the following 3 levels of notifica-
tion:
(1) TIER I.—If the risk of a repeat offense is
low, a tier 1 designation shall be given to such sex
offender. In such case the designated law enforce-
ment agency having jurisdiction and the law enforce-
ment agency having had jurisdiction at the time of
his conviction shall be notified in accordance with
section 170101(b)(4) of the Violent Crime Control
and Law Enforcement Act of 1994.
(2) TIER II.—If the risk of a repeat offense is
moderate, a tier 2 designation shall be given to such
sex offender. In such case the designated law en-
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forcement agency having jurisdiction and the law en-
forcement agency having had jurisdiction at the time
of conviction shall be notified and may notify any
victim of the proposed release of such offender and
any agency, organization, or group, serving individ-
uals who have similar characteristics to the previous
victim or victims of such offender. The notification
may include the approximate address (by ZIP Code),
background information relating to the crime, type
of victim targeted, conviction, including release of a
photograph of the offender, and any special condi-
tions imposed on the offender.
(3) TIER III.—If the risk of a repeat offense is
high and there exists a threat to the public safety,
a tier 3 designation shall be given to such offender.
In such case, the appropriate law enforcement agen-
cies shall be notified of such an offender’s release
and may use the notification procedures described in
paragraph (2), except that a precise address may be
released and any relevant information necessary to
protect the public concerning a specific person re-
quired to register under section 170101 of the Vio-
lent Crime Control and Law Enforcement Act of
1994 shall be released.
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SEC. 705. JUDICIAL DETERMINATION.
(a) NOTIFICATION LEVEL.—
(1) IN GENERAL.—An appropriate court of the
State also shall make a determination with respect
to the level of notification, after receiving a tier rec-
ommendation from the Board. In making the deter-
mination, the court shall review any statement by a
victim or victims and any materials submitted by the
sex offender. The court shall also allow the sex of-
fender to appear and be heard, and inform the sex
offender of the right to have counsel appointed if
necessary.
(2) APPEAL.—A sex offender may appeal a de-
termination made by the court made under para-
graph (1) in accordance with State law.
(3) NOTIFICATION
AND
REGISTRATION.—The
filing of the appeal shall not stay the designated law
enforcement agency’s notification actions unless the
court orders otherwise. Such petition, if granted,
shall not relieve the petitioner of the duty to register
pursuant to section 170101 of the Violent Crime
Control and Law Enforcement Act of 1994 upon
conviction of an offense requiring registration in the
future.
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(b) REVERSAL.—Upon the reversal of a conviction of
a sexual offense, the court shall order the expungement
of any records required to be kept pursuant to this title.
SEC. 706. PENALTY FOR MISUSE OF REGISTRATION INFOR-
MATION.
(a) FINE.—Any person who uses information dis-
closed pursuant to this title in violation of the law shall
be fined under title 18, United States Code, or imprisoned
for not more than 5 years, or both.
(b) CIVIL ACTION.—The State attorney general, a
district attorney, or any person aggrieved by information
disclosed in violation of the law is authorized to bring a
civil action in the appropriate court requesting preventive
relief, including an application for a permanent or tem-
porary
injunction,
restraining
order,
or
other
order
against the person or group of persons responsible for
such action.
(c) ADDITIONAL REMEDIES.—The foregoing rem-
edies shall be independent of any other remedies or proce-
dures that may be available to an aggrieved party under
other provisions of law.
SEC. 707. JUVENILE OFFENDERS.
(a) IN GENERAL.—A juvenile residing in a State who
has been adjudicated delinquent for any sex offense or at-
tempted sex offense, or who has been convicted of any sex
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offense or attempted sex offense, or who has been acquit-
ted by reason of insanity for any sex offense or attempted
sex offense shall be required to comply with the registra-
tion requirements established pursuant to section 170101
of the Violent Crime Control and Law Enforcement Act
of 1994.
(b) YOUTH FACILITY.—Any person who is discharged
or paroled from a facility in another State that is equiva-
lent to a Department of the Youth Authority to the cus-
tody of such a facility because of the commission or at-
tempted commission of specified sex offenses, is required
to register pursuant to section 170101 of the Violent
Crime Control and Law Enforcement Act of 1994.
SEC. 708. OFFICIAL IMMUNITY FROM LIABILITY.
(a) IMMUNITY.—No official, employee, or agency,
whether public or private, shall be subject to any civil or
criminal liability for damages for any discretionary deci-
sion to release relevant and necessary information pursu-
ant to this section, unless it is shown that such official,
employee, or agency acted with gross negligence or in bad
faith.
(b) INFORMATION RELEASE.—The immunity pro-
vided under this section applies to the release of relevant
information to other employees or officials or to the gen-
eral public.
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(c) FAILURE TO RELEASE INFORMATION.—Nothing
in this section shall be deemed to impose any civil or crimi-
nal liability upon or to give rise to a cause of action
against any official, employee, or agency, whether public
or private, for failing to release information as authorized
in this title unless it is shown that such official, employee,
or agency acted with gross negligence or in bad faith.
SEC. 709. IDENTITY OF THE VICTIM.
Any information identifying the victim by name, birth
date, address, or relation to the registrant shall be ex-
cluded from public access or dissemination.
SEC. 710. GENERAL STATE REQUIREMENTS.
The Chief Executive Officer of a State or designee
shall establish reasonable notification requirements under
this title, including notification to an offender of any pro-
cedures for which the offender is required or is permitted
to participate, including the hearing process, appeal
rights, and submission of information to the Board.
SEC.
711.
ADVISORY
COUNCIL
FOR
COMMUNITY
EDU-
CATION.
(a) IN GENERAL.—The Chief Executive Officer of a
State shall appoint a voluntary advisory council to design
a policy to assist communities in which a sex offender re-
sides to plan and prepare for such a resident.
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(b) COMPOSITION.—Each such advisory council shall
include representation from—
(1) law enforcement;
(2) law enforcement organizations;
(3) local corrections agencies;
(4) victims groups; and
(5) other interested members of the public.
(c) DUTIES.—In developing a policy pursuant to sub-
section (a), an advisory council should make recommenda-
tions that include—
(1) the method of distributing community noti-
fication information;
(2) methods of educating community residents
at public meetings on how they can use such infor-
mation to enhance their safety and the safety of
their family;
(3) procedures for ensuring that community
members are educated regarding the right of the sex
offender not to be subjected to harassment or crimi-
nal acts; and
(4) other matters the council considers nec-
essary to ensure the effective and fair administration
of the community notification law.
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SEC. 712. EXPUNGEMENT OF OUTDATED INFORMATION.
In accordance with section 170101 of the Violent
Crime Control and Law Enforcement Act of 1994, the de-
partment required to coordinate the sex offender registra-
tion program shall compile and update information re-
garding the offenders. Any offender whose duty to register
has expired or who has been relieved of the duty to register
shall be removed from any public database.
SEC. 713. EXCEPTIONAL CIRCUMSTANCES.
Nothing in this title shall be construed to prevent law
enforcement officers from notifying members of the public
of individuals that pose a danger under circumstances that
are not described in section 170101 of the Violent Crime
Control and Law Enforcement Act of 1994 or under this
title.
SEC. 714. DEFINITIONS.
For purposes of this title:
(1) The term ‘‘criminal offense against a victim
who is a minor’’ means any criminal offense that
consists of—
(A) kidnapping of a minor, except by a
parent;
(B) false imprisonment of a minor, except
by a parent;
(C)
criminal
sexual
conduct
toward
a
minor;
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(D) solicitation of a minor to engage in
sexual conduct;
(E) use of a minor in a sexual perform-
ance;
(F) solicitation of a minor to practice pros-
titution;
(G) any conduct that by its nature is a
sexual offense against a minor; and
(H) an attempt to commit an offense de-
scribed in any of subparagraphs (A) through
(H) if the State—
(i) makes such an attempt a criminal
offense; or
(ii) chooses to include such an offense
in
those
which
are
criminal
offenses
against a victim who is a minor for pur-
poses of this section.
For purposes of this paragraph, conduct which is
criminal only because of the age of the victim shall
not be considered a criminal offense if the perpetra-
tor is 18 years of age or younger.
(2) The term ‘‘sexually violent offense’’ means
any criminal offense that consists of aggravated sex-
ual abuse or sexual abuse (as described in sections
2241 and 2242 of title 18, United States Code, or
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as described in the State criminal code) or an of-
fense that has as its elements engaging in physical
contact with another person with intent to commit
aggravated sexual abuse or sexual abuse (as de-
scribed in such sections of title 18, United States
Code, or as described in the State criminal code).
(3) The term ‘‘mental abnormality’’ means a
congenital or acquired condition of a person that af-
fects the emotional or volitional capacity of the per-
son in a manner that predisposes that person to the
commission of criminal sexual acts to a degree that
makes the person a menace to the health and safety
of other persons.
(4) The term ‘‘predatory’’ means an act di-
rected at a stranger, or a person with whom a rela-
tionship has been established or promoted for the
primary purpose of victimization.
Any offense committed in another State, which if commit-
ted in the State at issue would be one of the above enu-
merated offenses, is considered a sexual offense for the
purposes of this title.
(5) The term ‘‘juvenile’’ has the meaning given
such term under State law.
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TITLE
VIII—CHILD
HOSTAGE-
TAKING
TO
EVADE
ARREST
OR OBSTRUCT JUSTICE
SEC. 801. CHILD HOSTAGE-TAKING TO EVADE ARREST OR
OBSTRUCT JUSTICE.
(a) IN GENERAL.—Chapter 55 of title 18, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 1205. Child hostage-taking to evade arrest or ob-
struct justice
‘‘(a) IN GENERAL.—Whoever uses force or threatens
to use force against any officer or agency of the Federal
Government, and seizes or detains, or continues to detain,
a child in order to—
‘‘(1) obstruct, resist, or oppose any officer of
the United States, or other person duly authorized,
in serving, or attempting to serve or execute, any
legal or judicial writ, process, or warrant of any
court of the United States; or
‘‘(2) compel any department or agency of the
Federal Government to do or to abstain from doing
any act,
or attempts to do so, shall be punished in accordance with
subsection (b).
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‘‘(b) SENTENCING.—Any person who violates sub-
section (a)—
‘‘(1) shall be imprisoned not less than 10 years
and not more than 25 years;
‘‘(2) if injury results to the child as a result of
the violation, shall be imprisoned not less than 20
years and not more than 35 years; and
‘‘(3) if death results to the child as a result of
the violation, shall be subject to the penalty of death
or be imprisoned for life.
‘‘(c) DEFINITION.—For purposes of this section, the
term ‘child’ means an individual who has not attained the
age of 18 years.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 55 of title 18, United States Code, is amended
by adding at the end the following new item:
‘‘1205. Child hostage-taking to evade arrest or obstruct justice.’’.
TITLE
IX—CONTINUING
THE
COMMITMENT
OF
THE
VIO-
LENCE AGAINST WOMEN ACT
Subtitle A—Law Enforcement and
Prosecution Grants To Combat
Violence Against Women
SEC. 901. PURPOSE OF THE PROGRAM AND GRANTS.
(a) GENERAL PROGRAM PURPOSE.—The purpose of
this subtitle is to assist States, Indian tribal governments,
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and units of local government to develop and strengthen
effective law enforcement and prosecution strategies to
combat violent crimes against women.
(b)
PURPOSES
FOR
WHICH
GRANTS
MAY
BE
USED.—Grants under this subtitle shall provide person-
nel, training, technical assistance, data collection and
other equipment for the more widespread apprehension,
prosecution, and adjudication of persons committing vio-
lent crimes against women, and specifically, for the pur-
poses of—
(1) training law enforcement officers and pros-
ecutors to more effectively identify and respond to
violent crimes against women, including the crimes
of sexual assault and domestic violence;
(2) developing, training, or expanding units of
law enforcement officers and prosecutors specifically
targeting violent crimes against women, including
the crimes of sexual assault and domestic violence;
(3) developing and implementing more effective
police and prosecution policies, protocols, orders, and
services specifically devoted to preventing, identify-
ing,
and
responding
to
violent
crimes
against
women, including the crimes of sexual assault and
domestic violence;
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(4) developing, installing, or expanding data
collection
and
communication
systems,
including
computerized systems, linking police, prosecutors,
and courts or for the purpose of identifying and
tracking arrests, protection orders, violations of pro-
tection orders, prosecutions, and convictions for vio-
lent crimes against women, including the crimes of
sexual assault and domestic violence;
(5) developing, enlarging, or strengthening pro-
grams addressing stalking;
(6) developing, enlarging, or strengthening pro-
grams addressing the needs and circumstances of
Indian tribes in dealing with violent crimes against
women, including the crimes of sexual assault and
domestic violence; and
(7)
developing,
enlarging,
or
strengthening
State court programs, including training for State,
local, and tribal judges and court personnel, address-
ing violent crimes against women, including sexual
assault, domestic violence, and stalking.
SEC. 902. STATE GRANTS.
(a) GENERAL GRANTS.—The Attorney General may
make grants to States, for use by States, units of local
government, and Indian tribal governments for the pur-
poses described in section 501(b).
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(b) AMOUNTS.—Of the amounts appropriated for the
purposes of this subtitle—
(1) 4 percent shall be available for grants to In-
dian tribal governments;
(2) $500,000 shall be available for grants to
applicants in each State; and
(3) the remaining funds shall be available for
grants to applicants in each State in an amount that
bears the same ratio to the amount of remaining
funds as the population of the State bears to the
population of all of the States that results from a
distribution among the States on the basis of each
State’s population in relation to the population of all
States (not including populations of Indian tribes).
(c) QUALIFICATION.—Upon satisfying the terms of
subsection (d), any State shall be qualified for funds pro-
vided under this subtitle upon certification that—
(1) the funds shall be used for any of the pur-
poses described in section 501(b);
(2) grantees and subgrantees shall develop a
plan for implementation and shall consult and co-
ordinate
with
nonprofit,
nongovernmental
victim
services programs, including sexual assault and do-
mestic violence victim services programs;
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(3) up to 30 percent shall be allocated to law
enforcement, up to 30 percent to prosecution grants,
and at least 10 percent to State court systems; and
(4) any Federal funds received under this sub-
title shall be used to supplement, not supplant, non-
Federal funds that would otherwise be available for
activities funded under this subtitle.
(d) APPLICATION REQUIREMENTS.—Each applica-
tion shall include the certifications of qualification re-
quired by subsection (c). An application shall include—
(1) documentation from the prosecution and
law enforcement programs to be assisted, dem-
onstrating—
(A) need for the grant funds;
(B) intended use of the grant funds;
(C) expected results from the use of grant
funds; and
(D)
demographic
characteristics
of
the
populations to be served, including age, marital
status, disability, race, ethnicity, and language
background;
(2) proof of compliance with the requirements
for the payment of forensic medical exams provided
in section 505; and
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(3) proof of compliance with the requirements
for paying filing and service fees for domestic vio-
lence cases provided in section 506.
(e) DISBURSEMENT.—
(1) IN GENERAL.—Not later than 60 days after
the receipt of an application under this subtitle, the
Attorney General shall—
(A) disburse the appropriate sums pro-
vided for under this subtitle; or
(B) inform the applicant why the applica-
tion does not conform to the requirements of
this section.
(2)
REGULATIONS.—In
disbursing
monies
under this subtitle, the Attorney General shall issue
regulations to ensure that States will—
(A) give priority to areas of varying geo-
graphic size with the greatest showing of need
based on the availability of existing domestic vi-
olence and sexual assault programs in the popu-
lation and geographic area to be served in rela-
tion to the availability of such programs in
other such populations and geographic areas;
(B) determine the amount of subgrants
based on the population and geographic area to
be served;
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(C) equitably distribute monies on a geo-
graphic basis including nonurban and rural
areas of various geographic sizes;
(D) recognize and address the needs of un-
derserved populations; and
(E)(i) if, at the end of the 9th month of
any fiscal year for which funds are appropriated
under section 507, the amounts made available
are unspent or unobligated, such unspent or un-
obligated funds shall be reallotted to the cur-
rent fiscal year recipients in the victim services
area pursuant to section 502(c)(3)) propor-
tionate to their original allotment for the cur-
rent fiscal year; and
(ii) for the first 2 fiscal years following the
effective date of this Act, the Attorney General
may waive the qualification requirements of sec-
tion 502(c), at the request of the State and
with the support of law enforcement and pros-
ecution grantees currently funded under this
section, if the reallocation of funds among law
enforcement, prosecution, victims’ services, and
State court systems mandated by this subtitle
adversely impacts victims of sexual assault, do-
mestic violence, and stalking, due to the reduc-
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tion of funds to programs and services funded
under this section in the prior fiscal year.
(f) FEDERAL SHARE.—The Federal share of a grant
made under this subtitle may not exceed 75 percent of
the total costs of the projects described in the application
submitted.
(g) INDIAN TRIBES.—Funds appropriated by the
Congress for the activities of any agency of an Indian trib-
al government or of the Bureau of Indian Affairs perform-
ing law enforcement functions on any Indian lands may
be used to provide the non-Federal share of the cost of
programs or projects funded under this subtitle.
(h) GRANTEE REPORTING.—
(1) IN
GENERAL.—Upon completion of the
grant period under this subtitle, a State or Indian
tribal grantee shall file a performance report with
the Attorney General explaining the activities carried
out, which report shall include an assessment of the
effectiveness of those activities in achieving the pur-
poses of this subtitle.
(2) CERTIFICATION
BY
GRANTEE
AND
SUB-
GRANTEES.—A section of the performance report
shall be completed by each grantee and subgrantee
that performed the direct services contemplated in
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the application, certifying performance of direct
services under the grant.
(3) SUSPENSION OF FUNDING.—The Attorney
General shall suspend funding for an approved ap-
plication if—
(A) an applicant fails to submit an annual
performance report;
(B) funds are expended for purposes other
than those described in this subtitle; or
(C) a report under paragraph (1) or ac-
companying assessments demonstrate to the At-
torney General that the program is ineffective
or financially unsound.
(D) for failure to provide documentation,
including memoranda of understanding, con-
tract, or other document of any collaborative ef-
forts with other agencies or organizations.
SEC. 903. DEFINITIONS.
In this subtitle—
(1) the term ‘‘domestic violence’’ includes felony
or misdemeanor crimes of violence committed by a
current or former spouse of the victim, by a person
with whom the victim shares a child in common, by
a person who is cohabitating with or has cohabitated
with the victim as a spouse, by a person similarly
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situated to a spouse of the victim under the domestic
or family violence laws of the jurisdiction receiving
grant monies, or by any other adult person against
a victim who is protected from that person’s acts
under the domestic or family violence laws of the ju-
risdiction receiving grant monies;
(2) the term ‘‘Indian country’’ has the meaning
stated in section 1151 of title 18, United States
Code;
(3) the term ‘‘Indian tribe’’ means a tribe,
band, pueblo, nation, or other organized group or
community of Indians, including any Alaska Native
village or regional or village corporation (as defined
in, or established pursuant to, the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.)),
that is recognized as eligible for the special pro-
grams and services provided by the United States to
Indians because of their status as Indians;
(4) the term ‘‘law enforcement’’ means a public
agency charged with policing functions, including
any of its component bureaus (such as governmental
victim services programs);
(5) the term ‘‘prosecution’’ means any public
agency charged with direct responsibility for pros-
ecuting criminal offenders, including such agency’s
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component bureaus (such as governmental victim
services programs);
(6) the term ‘‘sexual assault’’ means any con-
duct proscribed by chapter 109A of title 18, United
States Code, whether or not the conduct occurs in
the special maritime and territorial jurisdiction of
the United States or in a Federal prison and in-
cludes both assaults committed by offenders who are
strangers to the victim and assaults committed by
offenders who are known or related by blood or mar-
riage to the victim; and
(7) the term ‘‘underserved populations’’ in-
cludes
populations
underserved
because
of
geo-
graphic location (such as rural isolation), under-
served racial or ethnic populations, and populations
underserved because of special needs, such as lan-
guage barriers or physical disabilities.
SEC. 904. GENERAL TERMS AND CONDITIONS.
(a) NONMONETARY ASSISTANCE.—In addition to the
assistance provided under this subtitle, the Attorney Gen-
eral may request any Federal agency to use its authorities
and the resources granted to it under Federal law (includ-
ing personnel, equipment, supplies, facilities, and manage-
rial, technical, and advisory services) in support of State,
tribal, and local assistance efforts.
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(b) REPORTING.—Not later than 180 days after the
end of each fiscal year for which grants are made under
this subtitle, the Attorney General shall submit to the
Committee on the Judiciary of the House of Representa-
tives and the Committee on the Judiciary of the Senate
a report that includes, for each State and for each grantee
Indian tribe—
(1) the number of grants made and funds dis-
tributed under this subtitle;
(2) a summary of the purposes for which those
grants were provided and an evaluation of their
progress;
(3) a statistical summary of persons served, de-
tailing the nature of victimization, and providing
data on age, sex, relationship of victim to offender,
geographic distribution, race, ethnicity, language,
and disability; and
(4) an evaluation of the effectiveness of pro-
grams funded under this subtitle.
(c) REGULATIONS OR GUIDELINES.—Not later than
120 days after the date of enactment of this subtitle, the
Attorney General shall publish proposed regulations or
guidelines implementing this subtitle. Not later than 180
days after the date of enactment, the Attorney General
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shall publish final regulations or guidelines implementing
this subtitle.
SEC. 905. RAPE EXAM PAYMENTS.
(a) RESTRICTION OF FUNDS.—
(1) IN GENERAL.—A State, Indian tribal gov-
ernment, or unit of local government, shall not be
entitled to funds under this subtitle unless the State,
Indian tribal government, unit of local government,
or another governmental entity incurs the full out-
of-pocket cost of forensic medical exams described in
subsection (b) for victims of sexual assault.
(2) REDISTRIBUTION.—Funds withheld from a
State or unit of local government under paragraph
(1) shall be distributed to other States or units of
local government pro rata. Funds withheld from an
Indian tribal government under paragraph (1) shall
be distributed to other Indian tribal governments
pro rata.
(b) MEDICAL COSTS.—A State, Indian tribal govern-
ment, or unit of local government shall be deemed to incur
the full out-of-pocket cost of forensic medical exams for
victims of sexual assault if any government entity—
(1) provides such exams to victims free of
charge to the victim;
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(2) arranges for victims to obtain such exams
free of charge to the victims; or
(3) reimburses victims for the cost of such
exams if—
(A) the reimbursement covers the full cost
of such exams, without any deductible require-
ment or limit on the amount of a reimburse-
ment;
(B) the reimbursing governmental entity
permits victims to apply for reimbursement for
not less than one year from the date of the
exam;
(C) the reimbursing governmental entity
provides reimbursement not later than 90 days
after written notification of the victim’s ex-
pense; and
(D) the State, Indian tribal government,
unit of local government, or reimbursing gov-
ernmental entity provides information at the
time of the exam to all victims, including vic-
tims with limited or no English proficiency, re-
garding how to obtain reimbursement.
SEC. 906. FILING COSTS FOR CRIMINAL CHARGES.
(a) IN GENERAL.—A State, Indian tribal govern-
ment, or unit of local government, shall not be entitled
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to funds under this subtitle unless the State, Indian tribal
government, or unit of local government—
(1) certifies that its laws, policies, and practices
do not require, in connection with the prosecution of
any misdemeanor or felony domestic violence of-
fense, that the abused bear the costs associated with
the filing of criminal charges against the domestic
violence offender, or the costs associated with the
issuance or service of a warrant, protection order, or
witness subpoena; or
(2) gives the Attorney General assurances that
its laws, policies and practices will be in compliance
with the requirements of paragraph (1) within the
later of—
(A) the period ending on the date on which
the next session of the State legislature ends; or
(B) two years.
(b) REDISTRIBUTION.—Funds withheld from a State,
unit of local government, or Indian tribal government
under subsection (a) shall be distributed to other States,
units of local government, and Indian tribal government,
respectively, pro rata.
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SEC. 907. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this subtitle $185,000,000 for each of fiscal years 2001,
2002, and 2003.
Subtitle B—Grants to Encourage
Arrest Policies
SEC. 911. PROGRAM AUTHORIZED.
(a) PURPOSE.—The purpose of this subtitle is to en-
courage States, Indian tribal governments, and units of
local government to treat domestic violence as a serious
violation of criminal law.
(b) GRANT AUTHORITY.—The Attorney General may
make grants to eligible States, Indian tribal governments,
or units of local government for the following purposes:
(1)
To
implement
mandatory
arrest
or
proarrest programs and policies in police depart-
ments, including mandatory arrest programs and
policies for protection order violations.
(2) To develop policies and training in police
departments to improve tracking of cases involving
domestic violence.
(3) To centralize and coordinate police enforce-
ment, prosecution, or judicial responsibility for do-
mestic violence cases in groups or units of police of-
ficers, prosecutors, or judges.
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(4) To coordinate computer tracking systems to
ensure communication between police, prosecutors,
and both criminal and family courts.
(5) To educate judges in criminal and other
courts about domestic violence and to improve judi-
cial handling of such cases.
(c) ELIGIBILITY.—Eligible grantees are States, In-
dian tribal governments, or units of local government
that—
(1) certify that their laws or official policies—
(A) encourage or mandate arrests of do-
mestic violence offenders based on probable
cause that an offense has been committed; and
(B) encourage or mandate arrest of domes-
tic violence offenders who violate the terms of
a valid and outstanding protection order;
(2) demonstrate that their laws, policies, or
practices and their training programs discourage
dual arrests of offender and victim;
(3) certify that their laws, policies, or practices
prohibit issuance of mutual restraining orders of
protection except in cases where both spouses file a
claim and the court makes detailed findings of fact
indicating that both spouses acted primarily as ag-
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gressors and that neither spouse acted primarily in
self-defense; and
(4) certify that their laws, policies, or practices
do not require, in connection with the prosecution of
any misdemeanor or felony domestic violence of-
fense, that the abused bear the costs associated with
the filing of criminal charges or the service of such
charges on an abuser, or that the abused bear the
costs associated with the issuance or service of a
warrant, protection order, or witness subpoena.
SEC. 912. APPLICATIONS.
(a) APPLICATION.—An eligible grantee shall submit
an application to the Attorney General that—
(1) contains a certification by the chief execu-
tive officer of the State, Indian tribal government, or
local government entity that the conditions of section
511(c) are met or will be met within the later of—
(A) the period ending on the date on which
the next session of the State or Indian tribal
legislature ends; or
(B) two years of the date of enactment of
this Act;
(2) describes plans to further the purposes stat-
ed in section 511(a);
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(3) identifies the agency or office or groups of
agencies or offices responsible for carrying out the
program; and
(4) includes documentation from nonprofit, pri-
vate sexual assault and domestic violence programs
demonstrating their participation in developing the
application, and identifying such programs in which
such groups will be consulted for development and
implementation.
(b) PRIORITY.—In awarding grants under this sub-
title, the Attorney General shall give priority to applicants
that—
(1) do not currently provide for centralized han-
dling of cases involving domestic violence by police,
prosecutors, and courts; and
(2) demonstrate a commitment to strong en-
forcement of laws, and prosecution of cases, involv-
ing domestic violence.
SEC. 913. REPORTS.
Each grantee receiving funds under this subtitle shall
submit a report to the Attorney General evaluating the
effectiveness of projects developed with funds provided
under this subtitle and containing such additional infor-
mation as the Attorney General may prescribe.
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SEC. 914. REGULATIONS OR GUIDELINES.
Not later than 120 days after the date of enactment
of this Act, the Attorney General shall publish proposed
regulations or guidelines implementing this subtitle. Not
later than 180 days after the date of enactment of this
Act, the Attorney General shall publish final regulations
or guidelines implementing this subtitle.
SEC. 915. DEFINITIONS.
For purposes of this subtitle—
(1) the term ‘‘domestic violence’’ includes acts
or threats of violence, not including acts of self-de-
fense, committed by a current or former spouse of
the victim, by a person with whom the victim shares
a child in common, by a person who is cohabitating
with or has cohabitated with the victim, by a person
who is or has been in a continuing social relationship
of a romantic or intimate nature with the victim, by
a person similarly situated to a spouse of the victim
under the domestic or family violence laws of the ju-
risdiction, or by any other person against a victim
who is protected from that person’s acts under the
domestic or family violence laws of the jurisdiction;
and
(2) the term ‘‘protection order’’ includes any in-
junction issued for the purpose of preventing violent
or threatening acts of domestic violence, including
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temporary and final orders issued by civil or crimi-
nal courts (other than support or child custody or-
ders or provisions) whether obtained by filing an
independent action or as a pendente lite order in an-
other proceeding.
SEC. 916. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this subtitle—
(1) $63,000,000 for fiscal year 1999;
(2) $67,000,000 for fiscal year 2000;
(3) $70,000,000 for fiscal year 2001;
(4) $70,000,000 for fiscal year 2002; and
(5) $70,000,000 for fiscal year 2003.
TITLE
X—LIMITING
THE
EF-
FECTS
OF
VIOLENCE
ON
CHILDREN
SEC.
1001.
DEFENSE
TO
CRIMINAL
CUSTODIAL
INTER-
FERENCE
OR
PARENTAL
ABDUCTION
CHARGE.
Section 1073 of title 18, United States Code, is
amended by striking ‘‘Whoever moves’’ and inserting ‘‘(a)
Whoever moves’’ and by adding at the end the following:
‘‘(b) For any charge of parental abduction, of custo-
dial interference, or of felony criminal contempt of court
related to an underlying child custody or visitation deter-
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mination, that would otherwise provide a basis for pros-
ecution under this section, it shall be a defense to such
prosecution that the individual against whom this section
is invoked—
‘‘(1) acted pursuant to the provisions of a court
order valid when and where issued—
‘‘(A) which granted the defendant legal
custody or visitation rights;
‘‘(B) which was obtained in compliance
with section 1738A of title 28;
‘‘(C) which is not inconsistent with such
section or with the Uniform Child Custody Ju-
risdiction Enforcement Act as promulgated by
the Uniform Law Commissioners; and
‘‘(D) which was in effect at the time the
defendant left the State;
‘‘(2) was fleeing an incident or pattern of do-
mestic violence or sexual assault of the child, which
had been previously reported to law enforcement au-
thorities; or
‘‘(3) would otherwise have a defense under the
terms of the International Parental Kidnapping Pre-
vention Act (18 U.S.C. 1204).
‘‘(c) The Attorney General shall issue guidance to as-
sist the United States Attorneys and the Federal Bureau
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of Investigation in determining when to decline to initiate
or to terminate an investigation or prosecution under sub-
section (b) due to the potential availability of any de-
fense.’’.
SEC. 1002. FULL FAITH AND CREDIT GIVEN TO CHILD CUS-
TODY DETERMINATIONS.
(a) SECTION INTENT.—Section 1738A(a) of title 28,
United States Code, is amended by adding at the end the
following: ‘‘This section is intended to preempt any incon-
sistent State law and to apply to every proceeding in the
United States or its territories that is not governed by
inconsistent aspects of any treaty to which the United
States Government is a signatory or has ratified that in-
volves custody and visitation concerning a minor child.
Any provisions of a protection order regarding the custody
and visitation of a minor child, whether consensual or not,
otherwise consistent with section 2265 of title 18 and with
this section shall be given full faith and credit by the
courts of any State where the party who sought the order
seeks enforcement.’’.
(b) DEFINITIONS.—Section 1738A(b) of such title is
amended—
(1) by inserting after paragraph (3) the follow-
ing:
108
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under this subtitle, is listed in the database established
under section 170102.
‘‘(b)
PREREQUISITE
FOR
ACCESS
TO
INFORMA-
TION.—The Attorney General shall not disclose the infor-
mation described in subsection (a)(2) unless the person
seeking such information provides his or her full name,
the full name of the individual, and one or more of the
following:
‘‘(1) The address of the individual’s residence.
‘‘(2) The individual’s Social Security number.
‘‘(3) The individual’s driver’s license number or
the number the identification card issued by State or
local authorities in lieu of a driver’s license.
‘‘(4) The individual’s date of birth.
‘‘(5) Such other information as the Attorney
General determines to be appropriate for purposes of
identification of the individual.
‘‘(c) NOTICE TO CALLER.—Prior to disclosing infor-
mation described in subsection (a)(2), and without charg-
ing a fee for the same, the Attorney General shall provide
the following general information in the form of a recorded
message:
‘‘(1)
The
requirements
described
in
sub-
section (b).