H. R. 3494
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
To amend title 18, United States Code, to protect children from sexual abuse
and exploitation, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Protection
of Children From Sexual Predators Act of 1998’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I—PROTECTION OF CHILDREN FROM PREDATORS
Sec. 101. Use of interstate facilities to transmit identifying information about a
minor for criminal sexual purposes.
Sec. 102. Coercion and enticement.
Sec. 103. Increased penalties for transportation of minors or assumed minors for
illegal sexual activity and related crimes.
Sec. 104. Repeat offenders in transportation offense.
Sec. 105. Inclusion of offenses relating to child pornography in definition of sexual
activity for which any person can be charged with a criminal offense.
Sec. 106. Transportation generally.
TITLE II—PROTECTION OF CHILDREN FROM CHILD PORNOGRAPHY
Sec. 201. Additional jurisdictional base for prosecution of production of child
pornography.
Sec. 202. Increased penalties for child pornography offenses.
Sec. 203. ‘‘Zero tolerance’’ for possession of child pornography.
TITLE III—SEXUAL ABUSE PREVENTION
Sec. 301. Elimination of redundancy and ambiguities.
Sec. 302. Increased penalties for abusive sexual contact.
Sec. 303. Repeat offenders in sexual abuse cases.
TITLE IV—PROHIBITION ON TRANSFER OF OBSCENE MATERIAL TO
MINORS
Sec. 401. Transfer of obscene material to minors.
TITLE V—INCREASED PENALTIES FOR OFFENSES AGAINST CHILDREN
AND FOR REPEAT OFFENDERS
Sec. 501. Death or life in prison for certain offenses whose victims are children.
Sec. 502. Sentencing enhancement for chapter 117 offenses.
Sec. 503. Increased penalties for use of a computer in the sexual abuse or exploi-
tation of a child.
Sec. 504. Increased penalties for knowing misrepresentation in the sexual abuse or
exploitation of a child.
Sec. 505. Increased penalties for pattern of activity of sexual exploitation of
children.
Sec. 506. Clarification of definition of distribution of pornography.
Sec. 507. Directive to the United States Sentencing Commission.
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TITLE VI—CRIMINAL, PROCEDURAL, AND ADMINISTRATIVE REFORMS
Sec. 601. Pretrial detention of sexual predators.
Sec. 602. Criminal forfeiture for offenses against minors.
Sec. 603. Civil forfeiture for offenses against minors.
Sec. 604. Reporting of child pornography by electronic communication service
providers.
Sec. 605. Civil remedy for personal injuries resulting from certain sex crimes
against children.
Sec. 606. Administrative subpoenas.
Sec. 607. Grants to States to offset costs associated with sexually violent offender
registration requirements.
TITLE VII—MURDER AND KIDNAPPING INVESTIGATIONS
Sec. 701. Authority to investigate serial killings.
Sec. 702. Kidnapping.
Sec. 703. Morgan P. Hardiman Child Abduction and Serial Murder Investigative
Resources Center.
TITLE VIII—RESTRICTED ACCESS TO INTERACTIVE COMPUTER SERVICES
Sec. 801. Prisoner access.
Sec. 802. Recommended prohibition.
Sec. 803. Survey.
TITLE IX—STUDIES
Sec. 901. Study on limiting the availability of pornography on the Internet.
Sec. 902. Study of hotlines.
TITLE I—PROTECTION OF CHILDREN
FROM PREDATORS
SEC. 101. USE OF INTERSTATE FACILITIES TO TRANSMIT IDENTIFYING
INFORMATION ABOUT A MINOR FOR CRIMINAL SEXUAL
PURPOSES.
(a) IN GENERAL.—Chapter 117 of title 18, United States Code,
is amended by adding at the end the following:
‘‘§ 2425. Use of interstate facilities to transmit information
about a minor
‘‘Whoever, using the mail or any facility or means of interstate
or foreign commerce, or within the special maritime and territorial
jurisdiction of the United States, knowingly initiates the trans-
mission of the name, address, telephone number, social security
number, or electronic mail address of another individual, knowing
that such other individual has not attained the age of 16 years,
with the intent to entice, encourage, offer, or solicit any person
to engage in any sexual activity for which any person can be
charged with a criminal offense, or attempts to do so, shall be
fined under this title, imprisoned not more than 5 years, or both.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis
for chapter 117 of title 18, United States Code, is amended by
adding at the end the following:
‘‘2425. Use of interstate facilities to transmit information about a minor.’’.
SEC. 102. COERCION AND ENTICEMENT.
Section 2422 of title 18, United States Code, is amended—
(1) in subsection (a)—
(A) by inserting ‘‘or attempts to do so,’’ before ‘‘shall
be fined’’; and
(B) by striking ‘‘five’’ and inserting ‘‘10’’; and
(2) by striking subsection (b) and inserting the following:
H. R. 3494—3
‘‘(b) Whoever, using the mail or any facility or means of inter-
state or foreign commerce, or within the special maritime and
territorial jurisdiction of the United States knowingly persuades,
induces, entices, or coerces any individual who has not attained
the age of 18 years, to engage in prostitution or any sexual activity
for which any person can be charged with a criminal offense,
or attempts to do so, shall be fined under this title, imprisoned
not more than 15 years, or both.’’.
SEC. 103. INCREASED PENALTIES FOR TRANSPORTATION OF MINORS
OR ASSUMED MINORS FOR ILLEGAL SEXUAL ACTIVITY
AND RELATED CRIMES.
Section 2423 of title 18, United States Code, is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) TRANSPORTATION WITH INTENT TO ENGAGE IN CRIMINAL
SEXUAL ACTIVITY.—A person who knowingly transports an individ-
ual who has not attained the age of 18 years in interstate or
foreign commerce, or in any commonwealth, territory or possession
of the United States, with intent that the individual engage in
prostitution, or in any sexual activity for which any person can
be charged with a criminal offense, or attempts to do so, shall
be fined under this title, imprisoned not more than 15 years, or
both.’’; and
(2) in subsection (b), by striking ‘‘10 years’’ and inserting
‘‘15 years’’.
SEC. 104. REPEAT OFFENDERS IN TRANSPORTATION OFFENSE.
(a) IN GENERAL.—Chapter 117 of title 18, United States Code,
is amended by adding at the end the following:
‘‘§ 2426. Repeat offenders
‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The maximum term
of imprisonment for a violation of this chapter after a prior sex
offense conviction shall be twice the term of imprisonment otherwise
provided by this chapter.
‘‘(b) DEFINITIONS.—In this section—
‘‘(1) the term ‘prior sex offense conviction’ means a convic-
tion for an offense—
‘‘(A) under this chapter, chapter 109A, or chapter 110;
or
‘‘(B) under State law for an offense consisting of con-
duct that would have been an offense under a chapter
referred to in paragraph (1) if the conduct had occurred
within the special maritime and territorial jurisdiction of
the United States; and
‘‘(2) the term ‘State’ means a State of the United States,
the District of Columbia, and any commonwealth, territory,
or possession of the United States.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis
for chapter 117 of title 18, United States Code, is amended by
adding at the end the following:
‘‘2426. Repeat offenders.’’.
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SEC. 105. INCLUSION OF OFFENSES RELATING TO CHILD PORNOG-
RAPHY IN DEFINITION OF SEXUAL ACTIVITY FOR WHICH
ANY PERSON CAN BE CHARGED WITH A CRIMINAL
OFFENSE.
(a) IN GENERAL.—Chapter 117 of title 18, United States Code,
is amended by adding at the end the following:
‘‘§ 2427. Inclusion of offenses relating to child pornography
in definition of sexual activity for which any per-
son can be charged with a criminal offense
‘‘In this chapter, the term ‘sexual activity for which any person
can be charged with a criminal offense’ includes the production
of child pornography, as defined in section 2256(8).’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis
for chapter 117 of title 18, United States Code, is amended by
adding at the end the following:
‘‘2427. Inclusion of offenses relating to child pornography in definition of sexual
activity for which any person can be charged with a criminal offense.’’.
SEC. 106. TRANSPORTATION GENERALLY.
Section 2421 of title 18, United States Code, is amended—
(1) by inserting ‘‘or attempts to do so,’’ before ‘‘shall be
fined’’; and
(2) by striking ‘‘five years’’ and inserting ‘‘10 years’’.
TITLE II—PROTECTION OF CHILDREN
FROM CHILD PORNOGRAPHY
SEC. 201. ADDITIONAL JURISDICTIONAL BASE FOR PROSECUTION OF
PRODUCTION OF CHILD PORNOGRAPHY.
(a) USE OF A CHILD.—Section 2251(a) of title 18, United States
Code, is amended by inserting ‘‘if that visual depiction was produced
using materials that have been mailed, shipped, or transported
in interstate or foreign commerce by any means, including by com-
puter,’’ before ‘‘or if’’.
(b) ALLOWING USE OF A CHILD.—Section 2251(b) of title 18,
United States Code, is amended by inserting ‘‘, if that visual depic-
tion was produced using materials that have been mailed, shipped,
or transported in interstate or foreign commerce by any means,
including by computer,’’ before ‘‘or if’’.
(c) INCREASED PENALTIES IN SECTION 2251(d).—Section 2251(d)
of title 18, United States Code, is amended by striking ‘‘or chapter
109A’’ each place it appears and inserting ‘‘, chapter 109A, or
chapter 117’’.
SEC. 
202. 
INCREASED 
PENALTIES 
FOR 
CHILD 
PORNOGRAPHY
OFFENSES.
(a) INCREASED PENALTIES IN SECTION 2252.—Section 2252(b)
of title 18, United States Code, is amended—
(1) in each of paragraphs (1) and (2), by striking ‘‘or chapter
109A’’ and inserting ‘‘, chapter 109A, or chapter 117’’; and
(2) in paragraph (2), by striking ‘‘the possession of child
pornography’’ and inserting ‘‘aggravated sexual abuse, sexual
abuse, or abusive sexual conduct involving a minor or ward,
or the production, possession, receipt, mailing, sale, distribu-
tion, shipment, or transportation of child pornography’’.
H. R. 3494—5
(b) INCREASED PENALTIES IN SECTION 2252A.—Section 2252A(b)
of title 18, United States Code, is amended—
(1) in each of paragraphs (1) and (2), by striking ‘‘or chapter
109A’’ and inserting ‘‘, chapter 109A, or chapter 117’’; and
(2) in paragraph (2), by striking ‘‘the possession of child
pornography’’ and inserting ‘‘aggravated sexual abuse, sexual
abuse, or abusive sexual conduct involving a minor or ward,
or the production, possession, receipt, mailing, sale, distribu-
tion, shipment, or transportation of child pornography’’.
SEC. 203. ‘‘ZERO TOLERANCE’’ FOR POSSESSION OF CHILD PORNOG-
RAPHY.
(a) MATERIAL
INVOLVING
THE
SEXUAL
EXPLOITATION
OF
MINORS.—Section 2252 of title 18, United States Code, is amended—
(1) in subsection (a)(4), by striking ‘‘3 or more’’ each place
that term appears and inserting ‘‘1 or more’’; and
(2) by adding at the end the following:
‘‘(c) AFFIRMATIVE DEFENSE.—It shall be an affirmative defense
to a charge of violating paragraph (4) of subsection (a) that the
defendant—
‘‘(1) possessed less than three matters containing any visual
depiction proscribed by that paragraph; and
‘‘(2) promptly and in good faith, and without retaining
or allowing any person, other than a law enforcement agency,
to access any visual depiction or copy thereof—
‘‘(A) took reasonable steps to destroy each such visual
depiction; or
‘‘(B) reported the matter to a law enforcement agency
and afforded that agency access to each such visual depic-
tion.’’.
(b) MATERIAL CONSTITUTING OR CONTAINING CHILD PORNOG-
RAPHY.—Section 2252A of title 18, United States Code, is
amended—
(1) in subsection (a)(5), by striking ‘‘3 or more images’’
each place that term appears and inserting ‘‘an image’’; and
(2) by adding at the end the following:
‘‘(d) AFFIRMATIVE DEFENSE.—It shall be an affirmative defense
to a charge of violating subsection (a)(5) that the defendant—
‘‘(1) possessed less than three images of child pornography;
and
‘‘(2) promptly and in good faith, and without retaining
or allowing any person, other than a law enforcement agency,
to access any image or copy thereof—
‘‘(A) took reasonable steps to destroy each such image;
or
‘‘(B) reported the matter to a law enforcement agency
and afforded that agency access to each such image.’’.
TITLE III—SEXUAL ABUSE PREVENTION
SEC. 301. ELIMINATION OF REDUNDANCY AND AMBIGUITIES.
(a) MAKING CONSISTENT LANGUAGE ON AGE DIFFERENTIAL.—
Section 2241(c) of title 18, United States Code, is amended by
striking ‘‘younger than that person’’ and inserting ‘‘younger than
the person so engaging’’.
H. R. 3494—6
(b) REDUNDANCY.—Section 2243(a) of title 18, United States
Code, is amended by striking ‘‘crosses a State line with intent
to engage in a sexual act with a person who has not attained
the age of 12 years, or’’.
(c) STATE DEFINED.—Section 2246 of title 18, United States
Code, is amended—
(1) in paragraph (5), by striking the period at the end
and inserting ‘‘; and’’; and
(2) by adding at the end the following:
‘‘(6) the term ‘State’ means a State of the United States,
the District of Columbia, and any commonwealth, possession,
or territory of the United States.’’.
SEC. 302. INCREASED PENALTIES FOR ABUSIVE SEXUAL CONTACT.
Section 2244 of title 18, United States Code, is amended by
adding at the end the following:
‘‘(c) OFFENSES INVOLVING YOUNG CHILDREN.—If the sexual con-
tact that violates this section is with an individual who has not
attained the age of 12 years, the maximum term of imprisonment
that may be imposed for the offense shall be twice that otherwise
provided in this section.’’.
SEC. 303. REPEAT OFFENDERS IN SEXUAL ABUSE CASES.
Section 2247 of title 18, United States Code, is amended to
read as follows:
‘‘§ 2247. Repeat offenders
‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The maximum term
of imprisonment for a violation of this chapter after a prior sex
offense conviction shall be twice the term otherwise provided by
this chapter.
‘‘(b) PRIOR SEX OFFENSE CONVICTION DEFINED.—In this section,
the term ‘prior sex offense conviction’ has the meaning given that
term in section 2426(b).’’.
TITLE IV—PROHIBITION ON TRANSFER
OF OBSCENE MATERIAL TO MINORS
SEC. 401. TRANSFER OF OBSCENE MATERIAL TO MINORS.
(a) IN GENERAL.—Chapter 71 of title 18, United States Code,
is amended by adding at the end the following:
‘‘§ 1470. Transfer of obscene material to minors
‘‘Whoever, using the mail or any facility or means of interstate
or foreign commerce, knowingly transfers obscene matter to another
individual who has not attained the age of 16 years, knowing
that such other individual has not attained the age of 16 years,
or attempts to do so, shall be fined under this title, imprisoned
not more than 10 years, or both.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis
for chapter 71 of title 18, United States Code, is amended by
adding at the end the following:
‘‘1470. Transfer of obscene material to minors.’’.
H. R. 3494—7
TITLE V—INCREASED PENALTIES FOR
OFFENSES AGAINST CHILDREN AND
FOR REPEAT OFFENDERS
SEC. 501. DEATH OR LIFE IN PRISON FOR CERTAIN OFFENSES WHOSE
VICTIMS ARE CHILDREN.
Section 3559 of title 18, United States Code, is amended by
adding at the end the following:
‘‘(d) DEATH
OR IMPRISONMENT
FOR CRIMES AGAINST CHIL-
DREN.—
‘‘(1) IN GENERAL.—Subject to paragraph (2) and notwith-
standing any other provision of law, a person who is convicted
of a Federal offense that is a serious violent felony (as defined
in subsection (c)) or a violation of section 2422, 2423, or 2251
shall, unless the sentence of death is imposed, be sentenced
to imprisonment for life, if—
‘‘(A) the victim of the offense has not attained the
age of 14 years;
‘‘(B) the victim dies as a result of the offense; and
‘‘(C) the defendant, in the course of the offense, engages
in conduct described in section 3591(a)(2).
‘‘(2) EXCEPTION.—With respect to a person convicted of
a Federal offense described in paragraph (1), the court may
impose any lesser sentence that is authorized by law to take
into account any substantial assistance provided by the defend-
ant in the investigation or prosecution of another person who
has committed an offense, in accordance with the Federal
Sentencing Guidelines and the policy statements of the Federal
Sentencing Commission pursuant to section 994(p) of title 28,
or for other good cause.’’.
SEC. 502. SENTENCING ENHANCEMENT FOR CHAPTER 117 OFFENSES.
(a) IN GENERAL.—Pursuant to its authority under section 994(p)
of title 28, United States Code, the United States Sentencing
Commission shall review and amend the Federal Sentencing Guide-
lines to provide a sentencing enhancement for offenses under chap-
ter 117 of title 18, United States Code.
(b) INSTRUCTION TO COMMISSION.—In carrying out subsection
(a), the United States Sentencing Commission shall ensure that
the sentences, guidelines, and policy statements for offenders con-
victed of offenses described in subsection (a) are appropriately
severe and reasonably consistent with other relevant directives
and with other Federal Sentencing Guidelines.
SEC. 503. INCREASED PENALTIES FOR USE OF A COMPUTER IN THE
SEXUAL ABUSE OR EXPLOITATION OF A CHILD.
Pursuant to its authority under section 994(p) of title 28, United
States Code, the United States Sentencing Commission shall—
(1) review the Federal Sentencing Guidelines for—
(A) aggravated sexual abuse under section 2241 of
title 18, United States Code;
(B) sexual abuse under section 2242 of title 18, United
States Code;
(C) sexual abuse of a minor or ward under section
2243 of title 18, United States Code; and
H. R. 3494—8
(D) coercion and enticement of a minor under section
2422(b) of title 18, United States Code, contacting a minor
under section 2422(c) of title 18, United States Code, and
transportation of minors and travel under section 2423
of title 18, United States Code; and
(2) upon completion of the review under paragraph (1),
promulgate amendments to the Federal Sentencing Guidelines
to provide appropriate enhancement if the defendant used a
computer with the intent to persuade, induce, entice, coerce,
or facilitate the transport of a child of an age specified in
the applicable provision of law referred to in paragraph (1)
to engage in any prohibited sexual activity.
SEC. 504. INCREASED PENALTIES FOR KNOWING MISREPRESENTATION
IN THE SEXUAL ABUSE OR EXPLOITATION OF A CHILD.
Pursuant to its authority under section 994(p) of title 28, United
States Code, the United States Sentencing Commission shall—
(1) review the Federal Sentencing Guidelines on aggravated
sexual abuse under section 2241 of title 18, United States
Code, sexual abuse under section 2242 of title 18, United States
Code, sexual abuse of a minor or ward under section 2243
of title 18, United States Code, coercion and enticement of
a minor under section 2422(b) of title 18, United States Code,
contacting a minor under section 2422(c) of title 18, United
States Code, and transportation of minors and travel under
section 2423 of title 18, United States Code; and
(2) upon completion of the review under paragraph (1),
promulgate amendments to the Federal Sentencing Guidelines
to provide appropriate enhancement if the defendant knowingly
misrepresented the actual identity of the defendant with the
intent to persuade, induce, entice, coerce, or facilitate the trans-
port of a child of an age specified in the applicable provision
of law referred to in paragraph (1) to engage in a prohibited
sexual activity.
SEC. 505. INCREASED PENALTIES FOR PATTERN OF ACTIVITY OF SEX-
UAL EXPLOITATION OF CHILDREN.
Pursuant to its authority under section 994(p) of title 28, United
States Code, the United States Sentencing Commission shall—
(1) review the Federal Sentencing Guidelines on aggravated
sexual abuse under section 2241 of title 18, United States
Code, sexual abuse under section 2242 of title 18, United States
Code, sexual abuse of a minor or ward under section 2243
of title 18, United States Code, coercion and enticement of
a minor under section 2422(b) of title 18, United States Code,
contacting a minor under section 2422(c) of title 18, United
States Code, and transportation of minors and travel under
section 2423 of title 18, United States Code; and
(2) upon completion of the review under paragraph (1),
promulgate amendments to the Federal Sentencing Guidelines
to increase penalties applicable to the offenses referred to in
paragraph (1) in any case in which the defendant engaged
in a pattern of activity involving the sexual abuse or exploi-
tation of a minor.
H. R. 3494—9
SEC. 506. CLARIFICATION OF DEFINITION OF DISTRIBUTION OF
PORNOGRAPHY.
Pursuant to its authority under section 994(p) of title 28, United
States Code, the United States Sentencing Commission shall—
(1) review the Federal Sentencing Guidelines relating to
the distribution of pornography covered under chapter 110 of
title 18, United States Code, relating to the sexual exploitation
and other abuse of children; and
(2) upon completion of the review under paragraph (1),
promulgate such amendments to the Federal Sentencing Guide-
lines as are necessary to clarify that the term ‘‘distribution
of pornography’’ applies to the distribution of pornography—
(A) for monetary remuneration; or
(B) for a nonpecuniary interest.
SEC. 507. DIRECTIVE TO THE UNITED STATES SENTENCING COMMIS-
SION.
In carrying out this title, the United States Sentencing Commis-
sion shall—
(1) with respect to any action relating to the Federal
Sentencing Guidelines subject to this title, ensure reasonable
consistency with other guidelines of the Federal Sentencing
Guidelines; and
(2) with respect to an offense subject to the Federal
Sentencing Guidelines, avoid duplicative punishment under the
Federal Sentencing Guidelines for substantially the same
offense.
TITLE VI—CRIMINAL, PROCEDURAL,
AND ADMINISTRATIVE REFORMS
SEC. 601. PRETRIAL DETENTION OF SEXUAL PREDATORS.
Section 3156(a)(4) of title 18, United States Code, is amended
by striking subparagraph (C) and inserting the following:
‘‘(C) any felony under chapter 109A, 110, or 117; and’’.
SEC. 602. CRIMINAL FORFEITURE FOR OFFENSES AGAINST MINORS.
Section 2253 of title 18, United States Code, is amended by
striking ‘‘or 2252 of this chapter’’ and inserting ‘‘2252, 2252A, or
2260 of this chapter, or who is convicted of an offense under section
2421, 2422, or 2423 of chapter 117,’’.
SEC. 603. CIVIL FORFEITURE FOR OFFENSES AGAINST MINORS.
Section 2254(a) of title 18, United States Code, is amended—
(1) in paragraph (2), by striking ‘‘or 2252 of this chapter’’
and inserting ‘‘2252, 2252A, or 2260 of this chapter, or used
or intended to be used to commit or to promote the commission
of an offense under section 2421, 2422, or 2423 of chapter
117,’’; and
(2) in paragraph (3), by striking ‘‘or 2252 of this chapter’’
and inserting ‘‘2252, 2252A, or 2260 of this chapter, or obtained
from a violation of section 2421, 2422, or 2423 of chapter
117,’’.
H. R. 3494—10
SEC. 604. REPORTING OF CHILD PORNOGRAPHY BY ELECTRONIC
COMMUNICATION SERVICE PROVIDERS.
(a) IN GENERAL.—The Victims of Child Abuse Act of 1990
(42 U.S.C. 13001 et seq.) is amended by inserting after section
226 the following:
‘‘SEC. 227. REPORTING OF CHILD PORNOGRAPHY BY ELECTRONIC
COMMUNICATION SERVICE PROVIDERS.
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘electronic communication service’ has the
meaning given the term in section 2510 of title 18, United
States Code; and
‘‘(2) the term ‘remote computing service’ has the meaning
given the term in section 2711 of title 18, United States Code.
‘‘(b) REQUIREMENTS.—
‘‘(1) DUTY TO REPORT.—Whoever, while engaged in provid-
ing an electronic communication service or a remote computing
service to the public, through a facility or means of interstate
or foreign commerce, obtains knowledge of facts or cir-
cumstances from which a violation of section 2251, 2251A,
2252, 2252A, or 2260 of title 18, United States Code, involving
child pornography (as defined in section 2256 of that title),
is apparent, shall, as soon as reasonably possible, make a
report of such facts or circumstances to a law enforcement
agency or agencies designated by the Attorney General.
‘‘(2) DESIGNATION OF AGENCIES.—Not later than 180 days
after the date of enactment of this section, the Attorney General
shall designate the law enforcement agency or agencies to which
a report shall be made under paragraph (1).
‘‘(3) FAILURE TO REPORT.—A provider of electronic commu-
nication services or remote computing services described in
paragraph (1) who knowingly and willfully fails to make a
report under that paragraph shall be fined—
‘‘(A) in the case of an initial failure to make a report,
not more than $50,000; and
‘‘(B) in the case of any second or subsequent failure
to make a report, not more than $100,000.
‘‘(c) CIVIL LIABILITY.—No provider or user of an electronic
communication service or a remote computing service to the public
shall be held liable on account of any action taken in good faith
to comply with this section.
‘‘(d) LIMITATION OF INFORMATION OR MATERIAL REQUIRED IN
REPORT.—A report under subsection (b)(1) may include additional
information or material developed by an electronic communication
service or remote computing service, except that the Federal
Government may not require the production of such information
or material in that report.
‘‘(e) MONITORING NOT REQUIRED.—Nothing in this section may
be construed to require a provider of electronic communication
services or remote computing services to engage in the monitoring
of any user, subscriber, or customer of that provider, or the content
of any communication of any such person.
‘‘(f ) CONDITIONS OF DISCLOSURE OF INFORMATION CONTAINED
WITHIN REPORT.—
‘‘(1) IN GENERAL.—No law enforcement agency that receives
a report under subsection (b)(1) shall disclose any information
H. R. 3494—11
contained in that report, except that disclosure of such informa-
tion may be made—
‘‘(A) to an attorney for the government for use in the
performance of the official duties of the attorney;
‘‘(B) to such officers and employees of the law enforce-
ment agency, as may be necessary in the performance
of their investigative and recordkeeping functions;
‘‘(C) to such other government personnel (including
personnel of a State or subdivision of a State) as are
determined to be necessary by an attorney for the govern-
ment to assist the attorney in the performance of the
official duties of the attorney in enforcing Federal criminal
law; or
‘‘(D) as permitted by a court at the request of an
attorney for the government, upon a showing that such
information may disclose a violation of State criminal law,
to an appropriate official of a State or subdivision of a
State for the purpose of enforcing such State law.
‘‘(2) DEFINITIONS.—In this subsection, the terms ‘attorney
for the government’ and ‘State’ have the meanings given those
terms in Rule 54 of the Federal Rules of Criminal Procedure.’’.
(b) EXCEPTION
TO
PROHIBITION
ON
DISCLOSURE.—Section
2702(b)(6) of title 18, United States Code, is amended to read
as follows:
‘‘(6) to a law enforcement agency—
‘‘(A) if the contents—
‘‘(i) were inadvertently obtained by the service pro-
vider; and
‘‘(ii) appear to pertain to the commission of a crime;
or
‘‘(B) if required by section 227 of the Crime Control
Act of 1990.’’.
SEC. 605. CIVIL REMEDY FOR PERSONAL INJURIES RESULTING FROM
CERTAIN SEX CRIMES AGAINST CHILDREN.
Section 2255(a) of title 18, United States Code, is amended
by striking ‘‘2251 or 2252’’ and inserting ‘‘2241(c), 2242, 2243,
2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423’’.
SEC. 606. ADMINISTRATIVE SUBPOENAS.
(a) IN GENERAL.—Chapter 223 of title 18, United States Code,
is amended—
(1) in section 3486, by striking the section designation
and heading and inserting the following:
‘‘§ 3486. Administrative subpoenas in Federal health care
investigations’’; and
(2) by adding at the end the following:
‘‘§ 3486A. Administrative subpoenas in cases involving child
abuse and child sexual exploitation
‘‘(a) AUTHORIZATION.—
‘‘(1) IN GENERAL.—In any investigation relating to any act
or activity involving a violation of section 1201, 2241(c), 2242,
2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423
of this title in which the victim is an individual who has
not attained the age of 18 years, the Attorney General, or
H. R. 3494—12
the designee of the Attorney General, may issue in writing
and cause to be served a subpoena—
‘‘(A) requiring a provider of electronic communication
service or remote computing service to disclose the name,
address, local and long distance telephone toll billing
records, telephone number or other subscriber number or
identity, and length of service of a subscriber to or customer
of such service and the types of services the subscriber
or customer utilized, which may be relevant to an author-
ized law enforcement inquiry; or
‘‘(B) requiring a custodian of records to give testimony
concerning the production and authentication of such
records or information.
‘‘(2) ATTENDANCE
OF
WITNESSES.—Witnesses summoned
under this section shall be paid the same fees and mileage
that are paid witnesses in the courts of the United States.
‘‘(b) PROCEDURES APPLICABLE.—The same procedures for service
and enforcement as are provided with respect to investigative
demands in section 3486 apply with respect to a subpoena issued
under this section.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis
for chapter 223 of title 18, United States Code, is amended by
striking the item relating to section 3486 and inserting the
following:
‘‘3486. Administrative subpoenas in Federal health care investigations.
‘‘3486A. Administrative subpoenas in cases involving child abuse and child sexual
exploitation.’’.
SEC. 607. GRANTS TO STATES TO OFFSET COSTS ASSOCIATED WITH
SEXUALLY 
VIOLENT 
OFFENDER 
REGISTRATION
REQUIREMENTS.
(a) IN GENERAL.—Section 170101 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended—
(1) by redesignating the second subsection designated as
subsection (g) as subsection (h); and
(2) by adding at the end the following:
‘‘(i) GRANTS TO STATES FOR COSTS OF COMPLIANCE.—
‘‘(1) PROGRAM AUTHORIZED.—
‘‘(A) IN GENERAL.—The Director of the Bureau of Jus-
tice Assistance (in this subsection referred to as the ‘Direc-
tor’) shall carry out a program, which shall be known
as the ‘Sex Offender Management Assistance Program’ (in
this subsection referred to as the ‘SOMA program’), under
which the Director shall award a grant to each eligible
State to offset costs directly associated with complying
with this section.
‘‘(B) USES OF FUNDS.—Each grant awarded under this
subsection shall be—
‘‘(i) distributed directly to the State for distribution
to State and local entities; and
‘‘(ii) used for training, salaries, equipment, mate-
rials, and other costs directly associated with comply-
ing with this section.
‘‘(2) ELIGIBILITY.—
‘‘(A) APPLICATION.—To be eligible to receive a grant
under this subsection, the chief executive of a State shall,
on an annual basis, submit to the Director an application
H. R. 3494—13
(in such form and containing such information as the Direc-
tor may reasonably require) assuring that—
‘‘(i) the State complies with (or made a good faith
effort to comply with) this section; and
‘‘(ii) where applicable, the State has penalties com-
parable to or greater than Federal penalties for crimes
listed in this section, except that the Director may
waive the requirement of this clause if a State dem-
onstrates an overriding need for assistance under this
subsection.
‘‘(B) 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 sub-
section (including the information that must be
included and the requirements that the States must
meet) in submitting the applications required under
this subsection. In allocating funds under this sub-
section, the Director may consider the annual number
of sex offenders registered in each eligible State’s mon-
itoring and notification programs.
‘‘(ii) 
CERTAIN
TRAINING
PROGRAMS.—Prior 
to
implementing this subsection, the Director shall study
the feasibility of incorporating into the SOMA program
the activities of any technical assistance or training
program established as a result of section 40152 of
this Act. In a case in which incorporating such activi-
ties into the SOMA program will eliminate duplication
of efforts or administrative costs, the Director shall
take administrative actions, as allowable, and make
recommendations to Congress to incorporate such
activities into the SOMA program prior to implement-
ing the SOMA program.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this subsection, $25,000,000
for each of fiscal years 1999 and 2000.’’.
(b) STUDY.—Not later than March 1, 2000, the Director shall
conduct a study to assess the efficacy of the Sex Offender Manage-
ment Assistance Program under section 170101(i) of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14071(i)), as added by this section, and submit recommendations
to Congress.
TITLE VII—MURDER AND KIDNAPPING
INVESTIGATIONS
SEC. 701. AUTHORITY TO INVESTIGATE SERIAL KILLINGS.
(a) IN GENERAL.—Chapter 33 of title 28, United States Code,
is amended by adding at the end the following:
‘‘§ 540B. Investigation of serial killings
‘‘(a) IN GENERAL.—The Attorney General and the Director of
the Federal Bureau of Investigation may investigate serial killings
in violation of the laws of a State or political subdivision, if such
investigation is requested by the head of a law enforcement agency
with investigative or prosecutorial jurisdiction over the offense.
H. R. 3494—14
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) KILLING.—The term ‘killing’ means conduct that would
constitute an offense under section 1111 of title 18, United
States Code, if Federal jurisdiction existed.
‘‘(2) SERIAL KILLINGS.—The term ‘serial killings’ means a
series of three or more killings, not less than one of which
was committed within the United States, having common
characteristics such as to suggest the reasonable possibility
that the crimes were committed by the same actor or actors.
‘‘(3) STATE.—The term ‘State’ means a State of the United
States, the District of Columbia, and any commonwealth, terri-
tory, or possession of the United States.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis
for chapter 33 of title 28, United States Code, is amended by
adding at the end the following:
‘‘540B. Investigation of serial killings.’’.
SEC. 702. KIDNAPPING.
(a) 
CLARIFICATION
OF
ELEMENT
OF
OFFENSE.—Section
1201(a)(1) of title 18, United States Code, is amended by inserting
‘‘, regardless of whether the person was alive when transported
across a State boundary if the person was alive when the transpor-
tation began’’ before the semicolon.
(b) TECHNICAL AMENDMENT.—Section 1201(a)(5) of title 18,
United States Code, is amended by striking ‘‘designated’’ and insert-
ing ‘‘described’’.
(c) 24-HOUR RULE.—Section 1201(b) of title 18, United States
Code, is amended by adding at the end the following: ‘‘Notwithstand-
ing the preceding sentence, the fact that the presumption under
this section has not yet taken effect does not preclude a Federal
investigation of a possible violation of this section before the 24-
hour period has ended.’’.
SEC. 703. MORGAN P. HARDIMAN CHILD ABDUCTION AND SERIAL MUR-
DER INVESTIGATIVE RESOURCES CENTER.
(a) ESTABLISHMENT.—Not later than 90 days after the date
of enactment of this Act, the Attorney General shall establish
within the Federal Bureau of Investigation a Child Abduction and
Serial Murder Investigative Resources Center to be known as the
‘‘Morgan P. Hardiman Child Abduction and Serial Murder Inves-
tigative Resources Center’’ (in this section referred to as the
‘‘CASMIRC’’).
(b) PURPOSE.—The CASMIRC shall be managed by the National
Center for the Analysis of Violent Crime of the Critical Incident
Response Group of the Federal Bureau of Investigation (in this
section referred to as the ‘‘NCAVC’’), and by multidisciplinary
resource teams in Federal Bureau of Investigation field offices,
in order to provide investigative support through the coordination
and provision of Federal law enforcement resources, training, and
application of other multidisciplinary expertise, to assist Federal,
State, and local authorities in matters involving child abductions,
mysterious disappearances of children, child homicide, and serial
murder across the country. The CASMIRC shall be co-located with
the NCAVC.
(c) DUTIES OF THE CASMIRC.—The CASMIRC shall perform
such duties as the Attorney General determines appropriate to
carry out the purposes of the CASMIRC, including—
H. R. 3494—15
(1) identifying, developing, researching, acquiring, and
refining multidisciplinary information and specialities to pro-
vide for the most current expertise available to advance inves-
tigative knowledge and practices used in child abduction, mys-
terious disappearances of children, child homicide, and serial
murder investigations;
(2) providing advice and coordinating the application of
current and emerging technical, forensic, and other Federal
assistance to Federal, State, and local authorities in child
abduction, mysterious disappearances of children, child homi-
cide, and serial murder investigations;
(3) providing investigative support, research findings, and
violent crime analysis to Federal, State, and local authorities
in child abduction, mysterious disappearances of children, child
homicide, and serial murder investigations;
(4) providing, if requested by a Federal, State, or local
law enforcement agency, on site consultation and advice in
child abduction, mysterious disappearances of children, child
homicide and serial murder investigations;
(5) coordinating the application of resources of pertinent
Federal law enforcement agencies, and other Federal entities
including, but not limited to, the United States Customs Serv-
ice, the Secret Service, the Postal Inspection Service, and the
United States Marshals Service, as appropriate, and with the
concurrence of the agency head to support Federal, State, and
local law enforcement involved in child abduction, mysterious
disappearance of a child, child homicide, and serial murder
investigations;
(6) conducting ongoing research related to child abductions,
mysterious disappearances of children, child homicides, and
serial murder, including identification and investigative
application of current and emerging technologies, identification
of investigative searching technologies and methods for phys-
ically locating abducted children, investigative use of offender
behavioral assessment and analysis concepts, gathering statis-
tics and information necessary for case identification, trend
analysis, and case linkages to advance the investigative
effectiveness of outstanding abducted children cases, develop
investigative systems to identify and track serious serial offend-
ers that repeatedly victimize children for comparison to
unsolved cases, and other investigative research pertinent to
child abduction, mysterious disappearance of a child, child
homicide, and serial murder covered in this section;
(7) working under the NCAVC in coordination with the
National Center For Missing and Exploited Children and the
Office of Juvenile Justice and Delinquency Prevention of the
Department of Justice to provide appropriate training to Fed-
eral, State, and local law enforcement in matters regarding
child abductions, mysterious disappearances of children, child
homicides; and
(8) establishing a centralized repository based upon case
data reflecting child abductions, mysterious disappearances of
children, child homicides and serial murder submitted by State
and local agencies, and an automated system for the efficient
collection, retrieval, analysis, and reporting of information
regarding CASMIRC investigative resources, research, and
requests for and provision of investigative support services.
H. R. 3494—16
(d) APPOINTMENT OF PERSONNEL TO THE CASMIRC.—
(1) SELECTION OF MEMBERS OF THE CASMIRC AND PARTICI-
PATING STATE AND LOCAL LAW ENFORCEMENT PERSONNEL.—The
Director of the Federal Bureau of Investigation shall appoint
the members of the CASMIRC. The CASMIRC shall be staffed
with Federal Bureau of Investigation personnel and other nec-
essary 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, mys-
terious disappearances of children, child homicide and serial
murder investigations. The Director may, with concurrence of
the appropriate State or local agency, also appoint State and
local law enforcement personnel to work with the CASMIRC.
(2) STATUS.—Each member of the CASMIRC (and each
individual from any State or local law enforcement agency
appointed to work with the CASMIRC) shall remain as an
employee of that member’s or individual’s respective agency
for all purposes (including the purpose of performance review),
and service with the CASMIRC shall be without interruption
or loss of civil service privilege or status and shall be on
a nonreimbursable basis, except if appropriate to reimburse
State and local law enforcement for overtime costs for an
individual appointed to work with the resource team. Addition-
ally, reimbursement of travel and per diem expenses will occur
for State and local law enforcement participation in resident
fellowship programs at the NCAVC when offered.
(3) TRAINING.—CASMIRC personnel, under the guidance
of the Federal Bureau of Investigation’s National Center for
the Analysis of Violent Crime and in consultation with the
National Center For Missing and Exploited Children, shall
develop a specialized course of instruction devoted to training
members of the CASMIRC consistent with the purpose of this
section. The CASMIRC shall also work with the National Cen-
ter For Missing and Exploited Children and the Office of Juve-
nile Justice and Delinquency Prevention of the Department
of Justice to develop a course of instruction for State and
local law enforcement personnel to facilitate the dissemination
of the most current multidisciplinary expertise in the investiga-
tion of child abductions, mysterious disappearances of children,
child homicides, and serial murder of children.
(e) REPORT TO CONGRESS.—One year after the establishment
of the CASMIRC, the Attorney General shall submit to Congress
a report, which shall include—
(1) a description of the goals and activities of the CASMIRC;
and
(2) information regarding—
(A) the number and qualifications of the members
appointed to the CASMIRC;
(B) the provision of equipment, administrative support,
and office space for the CASMIRC; and
(C) the projected resource needs for the CASMIRC.
(f ) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 1999, 2000, and 2001.
(g) CONFORMING AMENDMENT.—Subtitle C of title XVII of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
5776a et seq.) is repealed.
H. R. 3494—17
TITLE VIII—RESTRICTED ACCESS TO
INTERACTIVE COMPUTER SERVICES
SEC. 801. PRISONER ACCESS.
Notwithstanding any other provision of law, no agency, officer,
or employee of the United States shall implement, or provide any
financial assistance to, any Federal program or Federal activity
in which a Federal prisoner is allowed access to any electronic
communication service or remote computing service without the
supervision of an official of the Federal Government.
SEC. 802. RECOMMENDED PROHIBITION.
(a) FINDINGS.—Congress finds that—
(1) a Minnesota State prisoner, serving 23 years for molest-
ing teenage girls, worked for a nonprofit work and education
program inside the prison, through which the prisoner had
unsupervised access to the Internet;
(2) the prisoner, through his unsupervised access to the
Internet, trafficked in child pornography over the Internet;
(3) Federal law enforcement authorities caught the prisoner
with a computer disk containing 280 pictures of juveniles
engaged in sexually explicit conduct;
(4) a jury found the prisoner guilty of conspiring to trade
in child pornography and possessing child pornography;
(5) the United States District Court for the District of
Minnesota sentenced the prisoner to 87 months in Federal
prison, to be served upon the completion of his 23-year State
prison term; and
(6) there has been an explosion in the use of the Internet
in the United States, further placing our Nation’s children
at risk of harm and exploitation at the hands of predators
on the Internet and increasing the ease of trafficking in child
pornography.
(b) SENSE OF THE CONGRESS.—It is the sense of the Congress
that State Governors, State legislators, and State prison administra-
tors should prohibit unsupervised access to the Internet by State
prisoners.
SEC. 803. SURVEY.
(a) SURVEY.—Not later than 6 months after the date of enact-
ment of this Act, the Attorney General shall conduct a survey
of the States to determine to what extent each State allows pris-
oners access to any interactive computer service and whether such
access is supervised by a prison official.
(b) REPORT.—The Attorney General shall submit a report to
Congress of the findings of the survey conducted pursuant to sub-
section (a).
(c) STATE DEFINED.—In this section, the term ‘‘State’’ means
each of the 50 States and the District of Columbia.