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‘‘(4) ‘domestic violence’ includes acts or threats
of violence, not including acts of self defense, com-
mitted 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;
‘‘(5) ‘sexual assault’ means any conduct pro-
scribed by chapter 109A of title 18, United States
Code, whether or not the conduct occurs in the spe-
cial maritime and territorial jurisdiction of the
United States or in a Federal prison and includes
both
assaults
committed
by
offenders
who
are
strangers to the victim and assaults committed by
offenders who are known to the victim or related by
blood or marriage to the victim;’’;
(2) by redesignating paragraphs (4), (5), and
(6) as paragraphs (6), (7), and (8), respectively;
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(3) by redesignating paragraph (7) as para-
graph (9) and by striking ‘‘and’’ after the semicolon;
(4) by inserting after paragraph (9) (as so re-
designated) the following:
‘‘(10) ‘predominant aggressor’ means the indi-
vidual who has been determined to be the principal
perpetrator of violence, by factors including—
‘‘(A) history of domestic violence;
‘‘(B) relative severity of the injuries in-
flicted on each person;
‘‘(C) the likelihood of future injury to each
person;
‘‘(D) whether one of the persons acted in
self-defense; and
‘‘(E) the degree to which one of the per-
sons has acted with more deliberate intent to
control, isolate, intimidate, emotionally demean,
or cause severe pain or injury, or fear of harm
to the other or a third person’’; and
(5) by redesignating paragraph (8) as para-
graph (11).
(c) CONDITION FOR CUSTODY DETERMINATION.—
Section 1738A(c)(2)(C) of such title is amended—
(1) by striking ‘‘he’’ and inserting ‘‘the child, or
a sibling or parent of the child,’’; and
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(2) by inserting ‘‘, including acts of domestic vi-
olence by the other parent’’ after ‘‘abuse’’.
(d) JURISDICTION.—Section 1738A(d) of such title
is amended by inserting before the period at the end the
following: ‘‘, except that after 2 years have passed while
a child is living in another State after relocation due to
domestic violence or sexual assault of the child, the court
of the original State shall decline jurisdiction provided
that the courts of the new State would have personal juris-
diction over the other parent under that State’s law’’.
(e)
CHILD
CUSTODY
DETERMINATIONS.—Section
1738A of such title is amended by adding at the end the
following:
‘‘(h) A court may decline to exercise jurisdiction on
behalf of a parent who has engaged in domestic violence
as a predominant aggressor, if a court of another State
has emergency jurisdiction under subsection (c)(2)(C)(ii).
A court may decline to exercise jurisdiction on behalf of
a parent who has wrongfully taken the child from a State
without justification, or engaged in similar unjustifiable
conduct, unless no other State would have jurisdiction
under any provision of subsection (c).
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TITLE XI—SEXUAL ASSAULT
PREVENTION
Subtitle
A—Standards,
Practice,
and Training for Sexual Assault
Examinations
SEC. 1101. SHORT TITLE.
This subtitle may be cited as the ‘‘Standards, Prac-
tice, and Training for Sexual Assault Examinations Act’’.
SEC. 1102. STANDARDS, PRACTICE, AND TRAINING FOR SEX-
UAL ASSAULT EXAMINATIONS.
(a) IN GENERAL.—The Attorney General shall—
(1) evaluate existing standards of training and
practice for licensed health care professionals per-
forming sexual assault forensic examinations and de-
velop a national recommended standard for training;
(2)
recommend
sexual
assault
examination
training for all health care students to improve the
recognition of injuries suggestive of rape and sexual
assault and baseline knowledge of appropriate evi-
dence collection; and
(3) review existing national, State, and local
protocols on sexual assault for forensic examina-
tions, and based on this review, develop a rec-
ommended national protocol, and establish a mecha-
nism for its nationwide dissemination.
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(b) CONSULTATION.—The Attorney General shall
consult with national, State, and local experts in the area
of rape and sexual assault, including but not limited to,
rape crisis centers, State sexual assault and domestic vio-
lence coalitions and programs, criminal justice, forensic
nursing, forensic science, emergency room medicine, law,
social services, sex crimes in underserved communities as
defined in 42 U.S.C. 3796gg–2(7).
(c) REPORT.—The Attorney General shall ensure
that no later than 1 year after the date of enactment of
this Act, a report of the directives in subsection (a) is sub-
mitted to Congress.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$200,000 for fiscal year 1999.
Subtitle
B—Prevention
of
Custo-
dial Sexual Assault by Correc-
tional Staff
SEC. 1111. SHORT TITLE.
This subtitle may be cited as the ‘‘Prevention of Cus-
todial Sexual Assault by Correctional Staff Act’’.
SEC. 1112. FINDINGS.
Congress finds the following:
(1) According to an extensive 1996 report by
the Women’s Rights Project of Human Rights
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Watch, sexual abuse of women prisoners by correc-
tional officers is a serious problem in our Nation’s
prisons, jails, and correctional facilities.
(2) Custodial sexual assault of women by cor-
rectional officers includes documented incidents of
vaginal, oral, and anal rape.
(3) Because correctional officers wield near ab-
solute power over female prisoners, officers may
abuse that power to sexually assault and abuse fe-
male prisoners, as well as engage in constant grop-
ing, harassment, and other abuse.
SEC. 1113. ESTABLISHMENT OF PREVENTION PROGRAM.
(a) PROGRAM GUIDELINES.—
(1) IN GENERAL.—The Attorney General shall
establish guidelines for States and disseminate such
information to the States regarding the prevention
of custodial sexual misconduct by correctional staff.
(2) REQUIREMENTS.—Such guidelines shall in-
clude requirements that—
(A) prohibit a State department of correc-
tions from hiring correctional staff who have
been convicted on criminal charges, or found
liable in civil suits, for custodial sexual mis-
conduct; and
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(B) each State department of corrections
maintain databases, including the names and
identifying information of individuals who have
been convicted on criminal charges or found lia-
ble in civil suits for custodial sexual misconduct
and to check these databases prior to hiring
any correctional staff.
(3) NATIONAL
DATABASE.—This information
shall also be submitted to the Department of Justice
where it will be maintained and updated on a na-
tional database.
(b) RELEASE OF INFORMATION.—The information
collected under subsection (a)(2) shall be treated as pri-
vate data except that—
(1) such information may be disclosed to law
enforcement agencies for law enforcement purposes;
(2) such information may be disclosed to gov-
ernment
agencies
conducting
confidential
back-
ground checks; and
(3) the designated State law enforcement agen-
cy and any local law enforcement agency authorized
by the State agency may release relevant informa-
tion that is necessary to protect prisoners concerning
a specific person whose name is included in the
database, except that the identity of a victim of an
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offense that requires information to be maintained
under this section shall not be released.
(c) IMMUNITY FOR GOOD FAITH CONDUCT.—Law
enforcement agencies, employees of law enforcement agen-
cies, and State officials shall be immune from criminal or
civil liability for good faith conduct in releasing informa-
tion under this section.
(d) INELIGIBILITY FOR FUNDS.—
(1) IN GENERAL.—A State that fails to imple-
ment the program as described under this section
shall not receive 10 percent of the funds that would
otherwise be allocated to the State under subtitle A
of title II of the Violent Crime Control and Law En-
forcement Act of 1994 (42 U.S.C. 13701).
(2) REALLOCATION.—Any funds that are not
allocated for failure to comply with this section shall
be reallocated to States that comply with this sec-
tion.
(3) COMPLIANCE DATE.—Each State shall have
not more than 3 years from the date of enactment
of this Act in which to implement this section, ex-
cept that the Attorney General may grant an addi-
tional 2 years to a State that is making good faith
efforts to implement this section.
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SEC. 1114. DEFINITIONS.
For purposes of this subtitle—
(1) the term ‘‘correctional staff’’ means any
employee, contractual employee, volunteer, or agent
of a correctional department who is working in any
contact position with any prisoners under the juris-
diction of that department; and
(2) the term ‘‘custodial sexual misconduct’’
means any physical contact, directly or through the
clothing, with the sexual or intimate parts of a per-
son for the purpose of sexual gratification of either
party, when the—
(A) parties involved are a person in cus-
tody of a correctional department and a mem-
ber of the correctional staff; or
(B) contact occurs under circumstances of
coercion, duress, or threat of force by a member
of the correctional staff.
TITLE
XII—FULL
FAITH
AND
CREDIT
FOR
PROTECTION
ORDERS
SEC. 1201. FULL FAITH AND CREDIT FOR PROTECTION
ORDERS.
(a) Section 2265 of title 18, United States Code, is
amended by adding at the end the following:
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‘‘(d) FORMULA GRANT REDUCTION FOR NONCOMPLI-
ANCE.—
‘‘(1) REDUCTION.—The Attorney General shall
reduce by 10 percent (for redistribution to other
participating States that comply with subsections (a)
and (b)) the amount a State would receive under
subpart 1 of part E of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 if such State
fails to comply with the requirements of subsections
(a), (b), and (c).
‘‘(2) EFFECTIVE DATE.—The Attorney General
may begin to reduce funds described in paragraph
(1) on the first day of each fiscal year succeeding
the first fiscal year beginning after the date of the
enactment of this subsection.
‘‘(e) REGISTRATION.—Nothing in this section shall
require prior filing or registration of a protection order
in the enforcing State in order to secure enforcement pur-
suant to subsection (a). Nothing in this section shall per-
mit a State to notify the party against whom the order
has been made that a protection order has been registered
and/or filed in that State.’’
‘‘(f) NOTICE.—Nothing in this section shall require
notification of the party against whom the order was made
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in order to secure enforcement by a law enforcement offi-
cer pursuant to subsection (a).’’.
(b) DEFINITIONS.—Section 2266 of title 18, United
States Code, is amended—
(1) by inserting ‘‘issued pursuant to State di-
vorce and child custody codes’’ after ‘‘custody or-
ders’’; and
(2) by adding ‘‘Custody and visitation provi-
sions in protection orders are subject to the man-
dates of this chapter.’’ after ‘‘seeking protection.’’.
(b)
COMPLIANCE—FULL
FAITH
AND
CREDIT.—
Within 180 days, the Attorney General shall issue regula-
tions to determine whether a State is in compliance with
18 U.S.C. 2265(a), (b), and (c), taking into account the
following factors:
(1) The State’s documented good faith efforts
to ensure compliance by judicial, law enforcement,
and other State officials, including the extent and
nature of any training programs, outreach, and
other activities.
(2) The degree to which any case of noncompli-
ance by a State official represents an isolated inci-
dent, rather than a pattern of nonenforcement.
(3) Any barriers to compliance presented by
outdated
technology,
recordkeeping
problems,
or
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similar issues, and the State’s documented good
faith efforts to removing those barriers.
SEC. 1202. GRANT PROGRAM.
(a) IN GENERAL.—The Attorney General may pro-
vide grants to assist States, Indian tribal governments,
and units of local government to develop and strengthen
effective law enforcement and recordkeeping strategies to
assist States, Indian tribal governments, and units of local
government to enforce protective orders issued by other
States, Indian tribal governments, or units of local govern-
ment.
(b) USES OF FUNDS.—
(1) IN
GENERAL.—Grants under this section
shall provide training and enhanced technology com-
patible with existing law enforcement systems in-
cluding the National Crime Information Center to
enforce protection orders.
(2) USES
OF
FUNDS.—Funds received under
this section may be used to train law enforcement,
prosecutors, court personnel, and others responsible
for the enforcement of protection orders, and to de-
velop, install, or expand data collection and commu-
nication systems, including computerized systems,
linking police, prosecutors, and courts for the pur-
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pose of identifying and tracking protection orders
and violations of protection orders and training.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to carry out this section, $5,000,000 for
each of fiscal years 1999, 2000, 2001, 2002, and 2003.
TITLE
XIII—FEDERAL
WITNESS
PROTECTION
FOR
VICTIMS
OF DOMESTIC VIOLENCE
SEC. 1301. WITNESS PROTECTION.
(a) IN GENERAL.—Section 3521(a)(1) of title 18,
United States Code, is amended by inserting ‘‘or of a vic-
tim of an offense set forth in chapter 110A of this title
directed at victims of domestic violence,’’ after ‘‘other seri-
ous offense,’’.
(b) OTHER ACTIONS.—Section 3521(b)(1) of title 18,
United States Code, is amended by inserting ‘‘or a victim
of domestic violence,’’ after ‘‘potential witness,’’.
(c) GUIDELINES.—Not later than 180 days after the
date of enactment of this section, the Attorney General
shall establish guidelines for determining eligibility for the
Federal witness protection program of persons who are eli-
gible for that program under the amendment made by sub-
section (a).
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TITLE XIV—CIVILIAN JURISDIC-
TION FOR CRIMES OF SEXUAL
ASSAULT AND DOMESTIC VIO-
LENCE
SEC. 1401. CRIMINAL OFFENSES COMMITTED OUTSIDE THE
UNITED STATES BY PERSONS ACCOMPANY-
ING THE ARMED FORCES.
(a) IN GENERAL.—Title 18, United States Code, is
amended by inserting after chapter 211 the following new
chapter:
‘‘CHAPTER 212—DOMESTIC VIOLENCE AND
SEXUAL ASSAULT OFFENSES COMMIT-
TED OUTSIDE THE UNITED STATES
‘‘Sec.
‘‘3261. Domestic violence and sexual assault offenses committed by persons for-
merly serving with, or presently employed by or accompanying,
the Armed Forces outside the United States.
‘‘3262. Definitions for chapter.
‘‘§ 3261. Domestic violence
and
sexual
assault of-
fenses
committed
by
persons
formerly
serving with, or presently employed by or
accompanying, the Armed Forces outside
the United States
‘‘(a) IN GENERAL.—Whoever, while serving with, em-
ployed by, or accompanying the Armed Forces outside of
the United States, engages in conduct that would con-
stitute a misdemeanor or felony domestic violence or sex-
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ual assault offense, if the conduct had been engaged in
within the special maritime and territorial jurisdiction of
the United States, shall be subject to prosecution in the
Federal District Court of the jurisdiction of origin.
‘‘(b) CONCURRENT
JURISDICTION.—Nothing
con-
tained in this chapter deprives courts-martial, military
commissions, provost courts, or other military tribunals of
concurrent jurisdiction with respect to offenders or of-
fenses that by statute or by the law of war may be tried
by courts-martial, military commissions, provost courts, or
other military tribunals.
‘‘(c) ACTION BY FOREIGN GOVERNMENT.—No pros-
ecution may be commenced under this section if a foreign
government, in accordance with jurisdiction recognized by
the United States, has prosecuted or is prosecuting such
person for the conduct constituting such offense, except
upon the approval of the Attorney General of the United
States or the Deputy Attorney General of the United
States (or a person acting in either such capacity), which
function of approval shall not be delegated.
‘‘§ 3262. Definitions for chapter
‘‘As used in this chapter—
‘‘(1) the term ‘Armed Forces’ has the same
meaning as in section 101(a)(4) of title 10;
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‘‘(2) a person is ‘employed by the Armed
Forces outside of the United States’ if the person—
‘‘(A) is employed as a civilian employee of
the Department of Defense, as a Department of
Defense contractor, or as an employee of a De-
partment of Defense contractor;
‘‘(B) is present or residing outside of the
United States in connection with such employ-
ment; and
‘‘(C) is not a national of the host nation;
and
‘‘(3) a person is ‘accompanying the Armed
Forces outside of the United States’ if the person—
‘‘(A) is a dependent of a member of the
Armed Forces;
‘‘(B) is a dependent of a civilian employee
of the Department of Defense;
‘‘(C) is residing with the member or civil-
ian employee outside of the United States; and
‘‘(D) is not a national of the host nation.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of part II of title 18, United States Code,
is amended by inserting after the item relating to chapter
211 the following:
‘‘212. Domestic Violence and Sexual Assault Offenses
Committed Outside the United States ........... 3261’’.
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TITLE
XV—PREVENTING
VIO-
LENCE
AGAINST
WOMEN
IN
TRADITIONALLY
UNDER-
SERVED COMMUNITIES
SEC. 1501. ELDER ABUSE, NEGLECT, AND EXPLOITATION.
(a) DEFINITIONS.—In this section:
(1) IN GENERAL.—The terms ‘‘elder abuse, ne-
glect, and exploitation’’, ‘‘domestic violence’’, and
‘‘older individual’’ have the meanings given the
terms in section 102 of the Older Americans Act of
1965 (42 U.S.C. 3002).
(2) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ has the meaning given the term in section
2003 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg–2).
(b) CURRICULA.—The Attorney General shall develop
curricula and offer, or provide for the offering of, training
programs to assist law enforcement officers and prosecu-
tors in recognizing, addressing, investigating, and pros-
ecuting instances of elder abuse, neglect, and exploitation,
including domestic violence, and sexual assault, against
older individuals.
(c) AUTHORIZATION.—There are authorized to be ap-
propriated such sums as may be necessary to carry out
this subtitle.
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TITLE XVI—VIOLENCE AGAINST
WOMEN
TRAINING
FOR
HEALTH PROFESSIONS
SEC. 1601. SHORT TITLE.
This title may be cited as the ‘‘Violence Against
Women Training for Health Professions Act’’.
SEC. 1602. DOMESTIC VIOLENCE AND SEXUAL ASSAULT
FORENSIC EVIDENCE.
(a) IN GENERAL.—In the case of a health professions,
the Attorney General shall award grants and contracts,
giving preference to any such entity (if otherwise a quali-
fied applicant for the award involved) that has in effect
the requirement that, as a condition of receiving a degree
or certificate (as applicable) from the entity, each student
have had significant training developed in consultation
and collaboration with national, State, and local domestic
violence and sexual assault coalitions and programs in car-
rying out the following functions as a provider of health
care:
(1) Identifying victims of domestic violence and
sexual assault, and maintaining complete medical
records that include documentation of the examina-
tion, treatment given, and referrals made, and re-
cording the location and nature of the victim’s inju-
ries.
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(2) Examining and treating such victims, within
the scope of the health professional’s discipline,
training, and practice.
(b) RELEVANT HEALTH PROFESSIONS ENTITIES.—
For purposes of paragraph (1), a health professions entity
specified in this paragraph is any entity that is a school
of medicine, a school of osteopathic medicine, a graduate
program in mental health practice, a school of nursing,
a program for the training of physician assistants, or a
program for the training of allied health professionals.
(c) REPORT TO CONGRESS.—Not later than 2 years
after the date of the enactment of the Violence Against
Women Training for Health Professions Act, the Attorney
General shall submit to the House of Representatives, and
the Senate, a report specifying the health professions enti-
ties that are receiving grants or contracts under this sec-
tion; the number of hours of training required by the enti-
ties for purposes of such paragraph; the extent of clinical
experience so required; and the types of courses through
which the training is being provided, including the extent
of involvement of nonprofit nongovernmental domestic vio-
lence and sexual assault victims services programs in the
training.
(d) DEFINITIONS.—For purposes of this section—
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(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 ‘‘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 to the victim or related by
blood or marriage to the victim.
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TITLE XVII—VIOLENCE AGAINST
WOMEN INTERVENTION, PRE-
VENTION,
AND
EDUCATION
RESEARCH
Subtitle
A—Violence
Against
Women
Prevention,
Detection
and Investigation Research
SEC. 1701. FINDINGS.
(a) FINDINGS.—Congress finds the following:
(1) According to a Panel on Research on Vio-
lence Against Women convened by the National Re-
search Council in response to the mandates by the
Violence Against Women Act of 1994—
(A) significant gaps exist in understanding
the extent and causes of violence against women
and the impact and the effectiveness of edu-
cation, prevention, and interventions;
(B)
funding
for
research
on
violence
against women is spread across numerous Fed-
eral agencies with no mechanism through which
to coordinate these efforts or to link with other
federally sponsored research initiatives; and
(C) research on violence against women
would benefit from an infrastructure that sup-
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ports interdisciplinary efforts and aids in inte-
grating these efforts into practice and policy.
(2) Despite the increased funding to prevent
and respond to violence against women in under-
served populations, few studies have examined inci-
dence and prevalence data from the perspective of
racial, ethnic, language, age, disability, and other
underserved populations. Moreover, little is known
about the types of prevention, detection, and inves-
tigation strategies that are most effective in under-
served populations.
(3) Most studies currently focus on aspects of
domestic violence related to physical abuse. Few
studies explore the harm caused by emotional and
psychological abuse and the appropriate prevention,
detection, and investigation strategies for victims ex-
periencing this form of abuse.
(4) Violence exposure as a risk factor for dis-
ease must be examined for a range of diseases and
diagnoses to better understand the correlation be-
tween violence and disease including intervening
variables.
(5) Violence against women occurs within the
context of a sociocultural environment that should
be studied to assist in a greater understanding of
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those factors that promote and maintain violence
against women and to provide a framework for de-
veloping and assessing education, prevention, and
intervention strategies.
SEC. 1702. TASK FORCE.
(a) PURPOSES.—The Attorney General shall estab-
lish a task force to coordinate research on violence against
women. The task force shall comprise representation from
all Federal agencies that fund such research.
(b) USES OF FUNDS.—Funds appropriated under
this section shall be used to—
(1) develop a coordinated strategy to strengthen
research focussed on education, prevention, and
intervention strategies on violence against women;
(2) track and report on all Federal research
and expenditures on violence against women;
(3) identify gaps in research and develop cri-
teria for all Federal agencies for evaluating research
proposals, taking into account the context within
which women live their lives, including the broad so-
cial and cultural context as well as individual fac-
tors; and
(4) set priorities for research efforts that ex-
plore factors such as race, social, and economic
class, geographic location, age, language, sexual ori-
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entation, disability, and other factors that result in
violent crimes against women.
(c)
AUTHORIZATION
OF
APPROPRIATION.—There
shall be appropriated $500,000 for each of fiscal years
1999, 2000, and 2001 to fulfill the purposes of this sec-
tion.
SEC. 1703. PREVENTION, DETECTION, AND INVESITIGATION
RESEARCH GRANTS.
(a) PURPOSES.—The Department of Justice shall
make grants to entities, including domestic violence and
sexual assault organizations, research organizations, and
academic institutions, to support research to further the
understanding of the causes of violent behavior against
women and to evaluate prevention, detection, and inves-
tigation programs.
(b) USE OF FUNDS.—The research conducted under
this section shall include, but not be limited to the follow-
ing areas and others that may be identified by the Task
Force established under section 1702 of this title—
(1) longitudinal research to study the develop-
mental trajectory of violent behavior against women
and the way such violence differs from other violent
behaviors;
(2) examination of risk factors for sexual and
intimate partner violence for victims and perpetra-
100
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tors, such as poverty, childhood victimization and
other traumas;
(3) examination of short- and long-term efforts
of programs designed to prevent sexual and intimate
partner violence;
(4) outcome evaluations of interventions tar-
geted at children and teenagers;
(5) examination of and documentation of the
processes and informal strategies women experience
in attempting to manage and end the violence in
their lives; and
(6) development and testing of effective meth-
ods of screening and providing services at all points
of entry to the health care system, including mental
health, emergency medicine, and primary care.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $6,000,000 for each of
the fiscal years 1999, 2000, and 2001 to carry out this
section.
SEC. 1704. ADDRESSING GAPS IN RESEARCH.
(a) PURPOSES.—The Department of Justice shall
make grants to domestic violence and sexual assault orga-
nizations, research organizations and academic institu-
tions for the purpose of expanding knowledge about vio-
lence against women, with a particular emphasis on ex-
101
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ploring such issues as they affect underserved commu-
nities.
(b) USES OF FUNDS.—Funds appropriated under
this section shall be used to examine, but not be limited
to, the following areas—
(1) development of national- and community-
level survey studies to measure the incidence and
prevalence of violence against women in underserved
populations and the definitions women use to de-
scribe their experience of violence;
(2) qualitative and quantitative research to un-
derstand how factors such as race, ethnicity, socio-
economic status, age, language, disability, and sex-
ual orientation that result in violent crimes against
women;
(3) study of the availability and accessibility of
State and local legal remedies to victims of intimate
partner violence within the context of a same sex in-
timate relationship;
(4) the use of nonjudicial alternative dispute
resolution (such as mediation, negotiation, concilia-
tion, and restorative justice models) in cases where
domestic violence is a factor, comparing nonjudicial
alternative dispute resolution and traditional judicial
methods based upon the quality of representation of
102
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the
victim,
training
of
mediators
or
other
facilitators, satisfaction of the parties, and outcome
of the proceedings, as well as other factors that may
be identified; and
(5) other such research as may be determined
by the Task Force established under section 1702 in
consultation with domestic violence and sexual as-
sault advocates, coalitions, national experts, and re-
searchers.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $4,500,000 for each of fis-
cal years 1999, 2000, and 2001 to carry out this section.
SEC. 1705. STUDY.
The United States Sentencing Commission shall
study the following and report to the Congress—
(1) sentences given to persons incarcerated in
Federal and State prison for assault or homicide
crimes in which the relationship to the victim was a
spouse, former spouse, or intimate partner;
(2) the effect of illicit drugs and alcohol on do-
mestic violence and the sentences imposed for of-
fenses involving such illicit drugs and alcohol where
domestic violence occurred;
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(3) the extent to which acts of domestic violence
committed against the defendant, including coercion,
may play a role in the commission of an offense;
(4) analysis delineated by race, gender, type of
offense, and any other categories that would be use-
ful for understanding the problem; and
(5) recommendations with respect to the of-
fenses described in this section particularly any basis
for a downward adjustment in any applicable guide-
lines determination.
SEC. 1706. STATUS REPORT ON LAWS REGARDING RAPE
AND SEXUAL ASSAULT OFFENSES.
(a) STUDY.—The Attorney General, in consultation
with national, State, and local domestic violence and sex-
ual assault coalitions and programs, including, nationally
recognized experts on sexual assault, such as from the ju-
diciary, the legal profession, psychological associations,
and sex offender treatment providers, shall conduct a na-
tional study to examine the status of the law with respect
to rape and sexual assault offenses and the effectiveness
of the implementation of laws in addressing such crimes
and protecting their victims. The Attorney General may
utilize the Bureau of Justice Statistics, the National Insti-
tute of Justice, and the Office for Victims of Crime in
carrying out this section.
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(b) REPORT.—Based on the study required under
subsection (a), the Attorney General shall prepare a re-
port, including an analysis of the uniformity of the rape
and sexual assault laws including sex offenses committed
against children and sex offenses involving penetration of
any kind among the States and their effectiveness in pros-
ecuting crimes of rape and sexual assault offenses as fol-
lows:
(1) Definitions of rape and sexual assault, in-
cluding any marital rape exception and any other ex-
ception or downgrading of offense.
(2) Element of consent and coercive conduct,
including deceit.
(3) Element of physical resistance and affirma-
tive nonconsent as a precondition for conviction.
(4) Element of force, including penetration re-
quirement as aggravating factor and use of coercion.
(5) Evidentiary matters—
(A)
inferences—timeliness
of
complaint
under the Model Penal Code;
(B) post traumatic stress disorder (includ-
ing rape trauma syndrome) relevancy of scope
and admissibility;
(C)
rape
shield
laws—in
camera
evi-
dentiary determinations;
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(D) prior bad acts; and
(E) corroboration requirement and cau-
tionary jury instructions.
(6) Existence of special rules for rape and sex-
ual assault offenses.
(7) Use of experts.
(8) Sentencing—
(A) plea bargains;
(B) presentence reports;
(C) recidivism and remorse;
(D) adolescents;
(E) psychological injuries;
(F) gravity of crime and trauma to victim;
and
(G) race.
(9) Any personal or professional relationship
between the perpetrator and the victim.
(10) Any recommendations of the Attorney
General for reforms to foster uniformity among the
States in addressing rape and sexual assault of-
fenses in order to protect victims more effectively
while safeguarding due process.
(c) DEFINITION.—For purposes of this section, the
term ‘‘rape and sexual assault offenses’’ includes carnal
knowledge of a child, abduction with intent to defile, inde-
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cent liberties, beastiality, forcible sodomy, sexual penetra-
tion with an animate or inanimate object, forced sexual
intercourse (labia majora penetration or anus penetra-
tion), cunnilingus, fellatio, anallingus, anal intercourse,
sexual battery, aggravated sexual battery, and sexual
abuse, accomplished by use of force, threats, or intimida-
tion.
(d) REPORT.—The Attorney General shall ensure
that no later than 1 year after the date of enactment of
this Act, the study required under subsection (a) is com-
pleted and a report describing the findings made is sub-
mitted to Congress.
(e) AUTHORIZATION OF APPROPRIATION.—It is au-
thorized that $200,000 be appropriated to carry out the
study required by this section.
SEC. 1707. RESEARCH CENTERS.
The Attorney General shall establish 3 research cen-
ters to support the development of research and training
program to focus on violence against women, to provide
mechanisms for collaboration between researchers and
practitioners, and to provide technical assistance for inte-
grating research into service provision. Each Center shall
be organized around a research area such as epidemiology
and measurement of violence against women, causes and
risk factors, and prevention and intervention evaluation
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research. At least one of the centers shall be established
at an entity other than an academic institution. There are
authorized to be appropriated $3,000,000 for each of the
fiscal years 1999, 2000, and 2001 to carry out this sec-
tion.
TITLE XVIII—PUBLIC ACCESS TO
FBI
DATABASE
ON
SEXUAL
OFFENDERS
SEC. 1801. ESTABLISHMENT OF TELEPHONE ACCESS FOR
THE PUBLIC TO FBI DATABASE ON SEXUAL
OFFENDERS.
Subtitle A of title XVII of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14071 et
seq.) is amended by adding at the end the following new
section:
‘‘SEC. 170103. TELEPHONE ACCESS FOR THE PUBLIC TO FBI
DATABASE.
‘‘(a) ESTABLISHMENT.—(1) The Attorney General
shall establish, publicize, and operate a national telephone
service by which a person (as defined in subsection (f)(2))
may request the information described in paragraph (2).
‘‘(2) The information described in this paragraph is
whether an individual (as defined in subsection (f)(3)),
other than a victim of an offense that requires registration
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‘‘(2) The fee for the use of the telephone
service.
‘‘(3) A warning that information received pur-
suant to such request may not be misused, as de-
scribed in subsection (e), and notice of the penalties
for such misuse of the information.
‘‘(4) A warning that the service is not be avail-
able to persons under 18 years of age.
‘‘(5) Such other information as the Attorney
General determines to be appropriate.
‘‘(d) FEES FOR USE OF SERVICE.—
‘‘(1) FEE
FOR
ACCESS
TO
INFORMATION
IN
DATABASE.—The Attorney General shall charge a
fee for each use of the service for information de-
scribed in subsection (a) from the service.
‘‘(2) LIMITATION ON NUMBER OF REQUESTS.—
A person may not make more than two requests for
such information per use of the service.
‘‘(3) USE OF FEES TO DEFRAY EXPENSES OF
SERVICE.—To the extent provided in advance in ap-
propriations Acts, moneys received under paragraph
(1) shall be used to pay for the expenses of the oper-
ation of the service.
‘‘(e) PENALTIES FOR MISUSE OF INFORMATION.—
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‘‘(1) PROHIBITIONS.—Whoever, having obtained
information described in subsection (a)(2) from the
service, knowingly uses such information—
‘‘(A) for any purpose other than to protect
a minor at risk; or
‘‘(B) with respect to insurance, housing, or
any other use that the Attorney General may
determine—
‘‘(i) is unnecessary for the protection
of a minor at risk or;
‘‘(ii) which creates a disproportionate
prejudicial effect,
shall be punished as provided in paragraph (2).
‘‘(2) CIVIL PENALTY.—Each person who vio-
lates the provisions of paragraph (1) shall be subject
to a civil penalty imposed by the Attorney General
of not more than $1,000 for each violation.
‘‘(f) DEFINITIONS.—As used in this section:
‘‘(1) MINOR AT RISK.—The term ‘minor at risk’
means a minor, as that term is defined in section
2256(1) of title 18, United States Code, who is or
may be in danger of becoming a victim of an offense,
for which registration is required under this subtitle,
by an individual about whom the information de-
scribed in subsection (a)(2) is sought.
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‘‘(2) PERSON.—The term ‘person’ means a per-
son who requests the information described in sub-
section (a)(2).
‘‘(3) INDIVIDUAL.—The term ‘individual’ means
an individual who is required to register under this
subtitle.’’.
TITLE
XIX—LIMITING
AVAIL-
ABILITY
OF
PORNOGRAPHY
ON COMPUTERS
SEC. 1901. LIMITING AVAILABILITY OF PORNOGRAPHY ON
COMPUTERS.
(a) IN GENERAL.—Not later than 90 days after the
date of the enactment of this Act, the Federal Bureau of
Investigation and the Attorney General shall begin a study
of computer-based technologies and other approaches to
the problem of the availability of pornographic material
to children on the Internet, in order to develop possible
amendments to Federal criminal law and other law en-
forcement techniques to respond to this problem.
(b) CONTENTS OF STUDY.—The study shall address
the following:
(1) The capabilities of present-day computer-
based control technologies for controlling electronic
transmission of pornographic images.
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(2) Research needed to develop computer-based
control technologies to the point of practical utility
for controlling the electronic transmission of porno-
graphic images.
(3) Any inherent limitations of computer-based
control technologies for controlling electronic trans-
mission of pornographic images.
(4) Operational policies or management tech-
niques needed to ensure the effectiveness of these
control technologies for controlling electronic trans-
mission of pornographic images.
(5) Policy and criminal law and law enforce-
ment options for promoting the deployment of such
control technologies and the costs and benefits of
such options.
(6) The possible constitutional limitations or
constraints with respect to any of the matters de-
scribed in paragraphs (1) through (5).
(c) FINAL REPORT.—Not later than 2 years after the
date of the enactment of this section, the Federal Bureau
of Investigation shall make a final report of the results
of the study to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judi-
ciary of the Senate. The final report of the study shall
set forth the findings, conclusions, and recommendations
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of the Council and shall be submitted to relevant Govern-
ment agencies and congressional committees.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Pro-
tection 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 sex-
ual activity for which any person can be charged with a crimi-
nal 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.
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.
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Sec. 505. Increased penalties for pattern of activity of sexual exploitation of chil-
dren.
Sec. 506. Clarification of definition of distribution of pornography.
Sec. 507. Directive to the United States Sentencing Commission.
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:
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‘‘§ 2425. Use of interstate facilities to transmit infor-
mation about a minor
‘‘Whoever, using the mail or any facility or means of
interstate or foreign commerce, or within the special mari-
time and territorial jurisdiction of the United States, know-
ingly initiates the transmission of the name, address, tele-
phone number, social security number, or electronic mail
address of another individual, knowing that such other in-
dividual has not attained the age of 16 years, with the in-
tent to entice, encourage, offer, or solicit any person to en-
gage 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 amend-
ed—
(1) in subsection (a)—
(A) by inserting ‘‘or attempts to do so,’’ be-
fore ‘‘shall be fined’’; and
(B) by striking ‘‘five’’ and inserting ‘‘10’’;
and
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(2) by striking subsection (b) and inserting the
following:
‘‘(b) Whoever, using the mail or any facility or means
of interstate or foreign commerce, or within the special mar-
itime and territorial jurisdiction of the United States know-
ingly persuades, induces, entices, or coerces any individual
who has not attained the age of 18 years, to engage in pros-
titution 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 ILLE-
GAL SEXUAL ACTIVITY AND RELATED CRIMES.
Section 2423 of title 18, United States Code, is amend-
ed—
(1) by striking subsection (a) and inserting the
following:
‘‘(a) TRANSPORTATION WITH INTENT TO ENGAGE IN
CRIMINAL SEXUAL ACTIVITY.—A person who knowingly
transports an individual who has not attained the age of
18 years in interstate or foreign commerce, or in any terri-
tory or possession of the United States, with intent that
the individual engage in prostitution, or in any sexual ac-
tivity for which any person can be charged with a criminal
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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 OF-
FENSE.
(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 maxi-
mum term of imprisonment for a violation of this chapter
after a prior sex offense conviction shall be twice the term
of imprisonment otherwise provided by this chapter.
‘‘(b) DEFINITIONS.—In this section—
‘‘(1) the term ‘prior sex offense conviction’ means
a conviction for an offense—
‘‘(A) under this chapter, chapter 109A, or
chapter 110; or
‘‘(B) under State law for an offense consist-
ing of conduct that would have been an offense
under a chapter referred to in paragraph (1) if
the conduct had occurred within the special mar-
itime and territorial jurisdiction of the United
States; and
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‘‘(2) STATE.—the term ‘State’ means a State of
the United States, the District of Columbia, any com-
monwealth, possession, or territory 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.’’.
SEC. 105. INCLUSION OF OFFENSES RELATING TO CHILD
PORNOGRAPHY IN DEFINITION OF SEXUAL
ACTIVITY FOR WHICH ANY PERSON CAN BE
CHARGED WITH A CRIMINAL OFFENSE.
(a) IN GENERAL.—Chapter 117 of title 18, United
States Code, is amended by adding at the end the following:
‘‘§ 2427. Inclusion of offenses relating to child pornog-
raphy in definition of sexual activity for
which any person can be charged with a
criminal offense
‘‘In this chapter, the term ‘sexual activity for which
any person can be charged with a criminal offense’ includes
the production of child pornography, as defined in section
2256(8).’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The
analysis for chapter 117 of title 18, United States Code,
is amended by adding at the end the following:
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‘‘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 amend-
ed—
(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 CHIL-
DREN FROM CHILD PORNOG-
RAPHY
SEC. 201. ADDITIONAL JURISDICTIONAL BASE FOR PROS-
ECUTION OF PRODUCTION OF CHILD POR-
NOGRAPHY.
(a) USE OF A CHILD.—Section 2251(a) of title 18,
United States Code, is amended by inserting ‘‘if that visual
depiction was produced using materials that have been
mailed, shipped, or transported in interstate or foreign
commerce by any means, including by computer,’’ before
‘‘or if’’.
(b) ALLOWING USE OF A CHILD.—Section 2251(b) of
title 18, United States Code, is amended by inserting ‘‘,
if that visual depiction was produced using materials that
have been mailed, shipped, or transported in interstate or
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foreign commerce by any means, including by computer,’’
before ‘‘or if’’.
(c) INCREASED PENALTIES IN SECTION 2251(d).—Sec-
tion 2251(d) of title 18, United States Code, is amended
by striking ‘‘or chapter 109A’’ each place it appears and
inserting ‘‘, chapter 109A, or chapter 117’’.
SEC. 202. INCREASED PENALTIES FOR CHILD PORNOG-
RAPHY OFFENSES.
(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 striking ‘‘the possession
of child pornography’’ and inserting ‘‘aggravated sex-
ual abuse, sexual abuse, or abusive sexual conduct in-
volving a minor or ward, or the production, posses-
sion, receipt, mailing, sale, distribution, shipment, or
transportation of child pornography’’.
(b) INCREASED PENALTIES IN SECTION 2252A.—Sec-
tion 2252A(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
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(2) in paragraph (2), by striking ‘‘the possession
of child pornography’’ and inserting ‘‘aggravated sex-
ual abuse, sexual abuse, or abusive sexual conduct in-
volving a minor or ward, or the production, posses-
sion, receipt, mailing, sale, distribution, shipment, or
transportation of child pornography’’.
TITLE III—SEXUAL ABUSE
PREVENTION
SEC. 301. ELIMINATION OF REDUNDANCY AND AMBIGU-
ITIES.
(a) 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’’.
(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:
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‘‘(6) the term ‘State’ means a State of the United
States, the District of Columbia, and any common-
wealth, possession, or territory of the United States.’’.
SEC. 302. INCREASED PENALTIES FOR ABUSIVE SEXUAL
CONTACT.
Section 2244 of title 18, United States Code, is amend-
ed by adding at the end the following:
‘‘(c) OFFENSES INVOLVING YOUNG CHILDREN.—If the
sexual contact that violates this section is with an individ-
ual who has not attained the age of 12 years, the maximum
term of imprisonment that may be imposed for the offense
shall be twice that otherwise provided in this section.’’.
SEC. 303. REPEAT OFFENDERS IN SEXUAL ABUSE CASES.
Section 2247 of title 18, United States Code, is amend-
ed to read as follows:
‘‘§ 2247. Repeat offenders
‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The maxi-
mum 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).’’.
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TITLE 
IV—PROHIBITION 
ON
TRANSFER OF OBSCENE MA-
TERIAL 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.’’.
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TITLE 
V—INCREASED 
PEN-
ALTIES 
FOR 
OFFENSES
AGAINST CHILDREN AND FOR
REPEAT OFFENDERS
SEC. 501. DEATH OR LIFE IN PRISON FOR CERTAIN OF-
FENSES WHOSE VICTIMS ARE CHILDREN.
Section 3559 of title 18, United States Code, is amend-
ed by adding at the end the following:
‘‘(d) DEATH OR IMPRISONMENT FOR CRIMES AGAINST
CHILDREN.—
‘‘(1) IN
GENERAL.—Subject to paragraph (2)
and notwithstanding any other provision of law, a
person who is convicted of a Federal offense that is
a serious violent felony (as defined in subsection (c))
or a violation of section 2422, 2423, or 2251 shall,
unless the sentence of death is imposed, be sentenced
to imprisonment for life, if—
‘‘(A) the victim of the offense has not at-
tained the age of 14 years;
‘‘(B) the victim dies as a result of the of-
fense; and
‘‘(C) the defendant, in the course of the of-
fense, engages in conduct described in section
3591(a)(2).
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‘‘(2) EXCEPTION.—With respect to a person con-
victed of a Federal offense described in paragraph (1),
the court may impose any lesser sentence that is au-
thorized by law to take into account any substantial
assistance provided by the defendant in the investiga-
tion or prosecution of another person who has com-
mitted an offense, in accordance with the Federal
Sentencing Guidelines and the policy statements of
the Federal Sentencing Commission pursuant to sec-
tion 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 Guidelines to provide a sentencing en-
hancement for offenses under chapter 117 of title 18, United
States Code.
(b) INSTRUCTION TO COMMISSION.—In carrying out
subsection (a), the United States Sentencing Commission
shall ensure that the sentences, guidelines, and policy state-
ments for offenders convicted of offenses described in sub-
section (a) are appropriately severe and reasonably consist-
ent with other relevant directives and with other Federal
Sentencing Guidelines.
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applicable provision of law referred to in paragraph
(1) to engage in any prohibited sexual activity.
SEC. 504. INCREASED PENALTIES FOR KNOWING MISREPRE-
SENTATION IN THE SEXUAL ABUSE OR EX-
PLOITATION OF A CHILD.
Pursuant to its authority under section 994(p) of title
28, United States Code, the United States Sentencing Com-
mission 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 para-
graph (1), promulgate amendments to the Federal
Sentencing Guidelines to provide appropriate en-
hancement if the defendant knowingly misrepresented
the actual identity of the defendant with the intent to
persuade, induce, entice, coerce, or facilitate the
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transport of a child of an age specified in the appli-
cable provision of law referred to in paragraph (1) to
engage in a prohibited sexual activity.
SEC. 505. INCREASED PENALTIES FOR PATTERN OF ACTIV-
ITY OF SEXUAL EXPLOITATION OF CHILDREN.
Pursuant to its authority under section 994(p) of title
28, United States Code, the United States Sentencing Com-
mission 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 para-
graph (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
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activity involving the sexual abuse or exploitation of
a minor.
SEC. 506. CLARIFICATION OF DEFINITION OF DISTRIBU-
TION OF PORNOGRAPHY.
Pursuant to its authority under section 994(p) of title
28, United States Code, the United States Sentencing Com-
mission shall—
(1) review the Federal Sentencing Guidelines re-
lating to the distribution of pornography covered
under chapter 110 of title 18, United States Code, re-
lating to the sexual exploitation and other abuse of
children; and
(2) upon completion of the review under para-
graph (1), promulgate such amendments to the Fed-
eral Sentencing Guidelines as are necessary to clarify
that the term ‘‘distribution of pornography’’ applies
to the distribution of pornography—
(A) for monetary remuneration; or
(B) for a nonpecuniary interest.
SEC. 507. DIRECTIVE TO THE UNITED STATES SENTENCING
COMMISSION.
In carrying out this title, the United States Sentencing
Commission shall—
(1) with respect to any action relating to the
Federal Sentencing Guidelines subject to this title, en-
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sure reasonable consistency with other guidelines of
the Federal Sentencing Guidelines; and
(2) with respect to an offense subject to the Fed-
eral Sentencing Guidelines, avoid duplicative punish-
ment under the Federal Sentencing Guidelines for
substantially the same offense.
TITLE 
VI—CRIMINAL, 
PROCE-
DURAL, 
AND 
ADMINISTRA-
TIVE 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 amend-
ed 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,’’.
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SEC. 603. CIVIL FORFEITURE FOR OFFENSES AGAINST MI-
NORS.
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 sec-
tion 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,’’.
SEC. 604. REPORTING OF CHILD PORNOGRAPHY BY ELEC-
TRONIC COMMUNICATION SERVICE PROVID-
ERS.
(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 ELEC-
TRONIC COMMUNICATION SERVICE PROVID-
ERS.
‘‘(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
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‘‘(2) the term ‘remote computing service’ has the
meaning given the term in section 2711 of title 18,
United States Code.
‘‘(b) REQUIREMENTS.—
‘‘(1) DUTY TO REPORT.—Whoever, while engaged
in providing an electronic communication service or
a remote computing service to the public, through a
facility or means of interstate or foreign commerce,
obtains knowledge of facts or circumstances that pro-
vide probable cause to believe that a violation of sec-
tion 2251, 2251A, 2252, 2252A, or 2260 of title 18,
United States Code, involving child pornography (as
defined in section 2256 of that title), has occurred
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 Gen-
eral.
‘‘(2) DESIGNATION
OF
AGENCIES.—Not later
than 180 days after the date of enactment of this sec-
tion, the Attorney General shall designate the law en-
forcement agency or agencies to which a report shall
be made under paragraph (1).
‘‘(3) FAILURE TO REPORT.—A provider of elec-
tronic communication services or remote computing
services described in paragraph (1) who knowingly
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and willfully fails to make a report under that para-
graph 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 elec-
tronic 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 RE-
QUIRED IN REPORT.—A report under subsection (b)(1) may
include additional information or material developed by an
electronic communication service or remote computing serv-
ice, except that the Federal Government may not require
the production of such information or material in that re-
port.
‘‘(e) MONITORING NOT REQUIRED.—Nothing in this
section may be construed to require a provider of electronic
communication services or remote computing services to en-
gage in the monitoring of any user, subscriber, or customer
of that provider, or the content of any communication of
any such person.
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‘‘(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 contained in that report, ex-
cept that disclosure of such information may be
made—
‘‘(A) to an attorney for the government for
use in the performance of the official duties of
the attorney;
‘‘(B) to such officers and employees of the
law enforcement agency, as may be necessary in
the performance of their investigative and rec-
ordkeeping functions;
‘‘(C) to such other government personnel
(including personnel of a State or subdivision of
a State) as are determined to be necessary by an
attorney for the government to assist the attorney
in the performance of the official duties of the at-
torney in enforcing Federal criminal law; or
‘‘(D) as permitted by a court at the request
of an attorney for the government, upon a show-
ing that such information may disclose a viola-
tion of State criminal law, to an appropriate of-
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ficial of a State or subdivision of a State for the
purpose of enforcing such State law.
‘‘(2) DEFINITIONS.—In this subsection, the terms
‘attorney for the government’ and ‘State’ have the
meanings given those terms in Rule 54 of the Federal
Rules of Criminal Procedure.’’.
(b) EXCEPTION TO PROHIBITION ON DISCLOSURE.—
Section 2702(b)(6) of title 18, United States Code, is
amended to read as follows:
‘‘(6) to a law enforcement agency—
‘‘(A) if the contents—
‘‘(i) were inadvertently obtained by the
service provider; and
‘‘(ii) appear to pertain to the commis-
sion of a crime; or
‘‘(B) if required by section 227 of the Crime
Control Act of 1990.’’.
SEC. 605. CIVIL REMEDY FOR PERSONAL INJURIES RESULT-
ING FROM CERTAIN SEX CRIMES AGAINST
CHILDREN.
Section 2255(a) of title 18, United States Code, is
amended by striking ‘‘2251 or 2252’’ and inserting
‘‘2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260,
2421, 2422, or 2423’’.
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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 des-
ignation 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 the designee of
the Attorney General, may issue in writing and cause
to be served a subpoena—
‘‘(A) requiring a provider of electronic com-
munication service or remote computing service
to disclose the name, address, local and long dis-
tance telephone toll billing records, telephone
number or other subscriber number or identity,
and length of service of a subscriber to or cus-
tomer of such service and the types of services the
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subscriber or customer utilized, which may be
relevant to an authorized law enforcement in-
quiry; 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 proce-
dures for service and enforcement as are provided with re-
spect 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 ASSOCI-
ATED 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—
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(1) by redesignating the second subsection des-
ignated as subsection (g) as subsection (h); and
(2) by adding at the end the following:
‘‘(i) GRANTS
TO STATES
FOR COSTS
OF COMPLI-
ANCE.—
‘‘(1) PROGRAM AUTHORIZED.—
‘‘(A) IN GENERAL.—The Director of the Bu-
reau of Justice Assistance (in this subsection re-
ferred to as the ‘Director’) shall carry out a pro-
gram, which shall be known as the ‘Sex Offender
Management Assistance Program’ (in this sub-
section referred to as the ‘SOMA program’),
under which the Director shall award a grant to
each eligible State to offset costs directly associ-
ated with complying with this section.
‘‘(B) USES OF FUNDS.—Each grant award-
ed under this subsection shall be—
‘‘(i) distributed directly to the State for
distribution to State and local entities; and
‘‘(ii) used for training, salaries, equip-
ment, materials, and other costs directly as-
sociated with complying with this section.
‘‘(2) ELIGIBILITY.—
‘‘(A) APPLICATION.—To be eligible to re-
ceive a grant under this subsection, the chief ex-
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ecutive of a State shall, on an annual basis, sub-
mit to the Director an application (in such form
and containing such information as the Director
may reasonably require) assuring that—
‘‘(i) the State complies with (or made
a good faith effort to comply with) this sec-
tion; and
‘‘(ii) where applicable, the State has
penalties comparable to or greater than
Federal penalties for crimes listed in this
section, except that the Director may waive
the requirement of this clause if a State
demonstrates an overriding need for assist-
ance under this subsection.
‘‘(B) REGULATIONS.—
‘‘(i) IN GENERAL.—Not later than 90
days after the date of enactment of this sub-
section, the Director shall promulgate regu-
lations to implement this subsection (in-
cluding the information that must be in-
cluded and the requirements that the States
must meet) in submitting the applications
required under this subsection. In allocating
funds under this subsection, the Director
may consider the annual number of sex of-
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fenders registered in each eligible State’s
monitoring and notification programs.
‘‘(ii) CERTAIN TRAINING PROGRAMS.—
Prior to implementing this subsection, the
Director shall study the feasibility of incor-
porating into the SOMA program the ac-
tivities of any technical assistance or train-
ing program established as a result of sec-
tion 40152 of this Act. In a case in which
incorporating 
such 
activities 
into 
the
SOMA program will eliminate duplication
of efforts or administrative costs, the Direc-
tor shall take administrative actions, as al-
lowable, and make recommendations to
Congress to incorporate such activities into
the SOMA program prior to implementing
the SOMA program.
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this subsection, $25,000,000 for each of fiscal years
1999 and 2000.’’.
(b) STUDY.—Not later than March 1, 2000, the Direc-
tor shall conduct a study to assess the efficacy of the Sex
Offender Management Assistance Program under section
170101(i) of the Violent Crime Control and Law Enforce-
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ment 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 Di-
rector of the Federal Bureau of Investigation may inves-
tigate 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.
‘‘(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 3 or more killings, not less
than 1 of which was committed within the United
States, having common characteristics such as to sug-
gest the reasonable possibility that the crimes were
committed by the same actor or actors.
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‘‘(3) STATE.—The term ‘State’ means a State of
the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The
analysis for chapter 33 of title 28, United States Code, is
amended by adding at end the following:
‘‘540B. Investigation of serial killings.’’.
SEC. 702. KIDNAPPING.
(a) CLARIFICATION OF ELEMENT OF OFFENSE.—Sec-
tion 1201(a)(1) of title 18, United States Code, is amended
by inserting ‘‘, regardless of whether the person was alive
when transported across a State boundary if the person was
alive when the transportation began’’ before the semicolon.
(b) TECHNICAL AMENDMENT.—Section 1201(a)(5) of
title 18, United States Code, is amended by striking ‘‘des-
ignated’’ and inserting ‘‘described’’.
(c) 24-HOUR RULE.—Section 1201(b) of title 18,
United States Code, is amended by adding at the end the
following: ‘‘Notwithstanding the preceding sentence, the fact
that the presumption under this section has not yet taken
effect does not preclude a Federal investigation of a possible
violation of this section before the 24-hour period has
ended.’’.
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SEC. 703. MORGAN P. HARDIMAN CHILD ABDUCTION AND
SERIAL MURDER 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 Investigative Resources Cen-
ter’’ (in this section referred to as the ‘‘CASMIRC’’).
(b) PURPOSE.—The CASMIRC shall be managed by
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 investiga-
tive support through the coordination and provision of Fed-
eral law enforcement resources, training, 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 determines ap-
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propriate to carry out the purposes of the CASMIRC, in-
cluding—
(1) identifying, developing, researching, acquir-
ing, and refining multidisciplinary information and
specialities to provide for the most current expertise
available to advance investigative knowledge and
practices used in child abduction, mysterious dis-
appearance of children, child homicide, and serial
murder investigations;
(2) providing advice and coordinating the appli-
cation of current and emerging technical, forensic,
and other Federal assistance to Federal, State, and
local authorities in child abduction, mysterious dis-
appearances of children, child homicide, and serial
murder investigations;
(3) providing investigative support, research
findings, and violent crime analysis to Federal, State,
and local authorities in child abduction, mysterious
disappearances of children, child homicide, and serial
murder investigations;
(4) providing, if requested by a Federal, State,
or local law enforcement agency, on site consultation
and advice in child abduction, mysterious disappear-
ances of children, child homicide and serial murder
investigations;
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(5) coordinating the application of resources of
pertinent Federal law enforcement agencies, and other
Federal entities including, but not limited to, the
United States Customs Service, the Secret Service, the
Postal Inspection Service, and the United States Mar-
shals Service, as appropriate, and with the concur-
rence of the agency head to support Federal, State,
and local law enforcement involved in child abduc-
tion, mysterious disappearance of a child, child homi-
cide, and serial murder investigations;
(6) conducting ongoing research related to child
abductions, mysterious disappearances of children,
child homicides, and serial murder, including identi-
fication and investigative application of current and
emerging technologies, identification of investigative
searching technologies and methods for physically lo-
cating abducted children, investigative use of offender
behavioral assessment and analysis concepts, gather-
ing statistics and information necessary for case iden-
tification, trend analysis, and case linkages to ad-
vance the investigative effectiveness of outstanding ab-
ducted children cases, develop investigative systems to
identify and track serious serial offenders that repeat-
edly victimize children for comparison to unsolved
cases, and other investigative research pertinent to
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child abduction, mysterious disappearance of a child,
child homicide, and serial murder covered in this sec-
tion;
(7) working under the NCAVC in coordination
with the National Center For Missing and Exploited
Children and the Office of Juvenile Justice and De-
linquency Prevention of the Department of Justice to
provide appropriate training to Federal, State, and
local law enforcement in matters regarding child ab-
ductions, 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 re-
quests for and provision of investigative support serv-
ices.
(d) 
APPOINTMENT
OF
PERSONNEL
TO
THE
CASMIRC.—
(1) SELECTION OF MEMBERS OF THE CASMIRC
AND PARTICIPATING STATE AND LOCAL LAW ENFORCE-
MENT PERSONNEL.—The Director of the Federal Bu-
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reau of Investigation shall appoint the members of the
CASMIRC. The CASMIRC shall be staffed with Fed-
eral 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, 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, except
if appropriate to reimburse State and local law en-
forcement for overtime costs for an individual ap-
pointed to work with the resource team. Additionally,
reimbursement of travel and per diem expenses will
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occur for State and local law enforcement participa-
tion in resident fellowship programs at the NCAVC
when offered.
(3) TRAINING.—CASMIRC personnel, under the
guidance of the Federal Bureau of Investigation’s Na-
tional Center for the Analysis of Violent Crime and
in consultation with the 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 sec-
tion. The CASMIRC shall also work with the Na-
tional Center For Missing and Exploited Children
and the Office of Juvenile Justice and Delinquency
Prevention of the Department of Justice to develop a
course of instruction for State and local law 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 estab-
lishment of the CASMIRC, the Attorney General shall sub-
mit to Congress a report, which shall include—
(1) a description of the goals and activities of the
CASMIRC; and
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(2) information regarding—
(A) the number and qualifications of the
members appointed to the CASMIRC;
(B) the provision of equipment, administra-
tive 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.
TITLE 
VIII—RESTRICTED 
AC-
CESS TO INTERACTIVE COM-
PUTER SERVICES
SEC. 801. 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 electronic communication service
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or remote computing service without the supervision of an
official of the Federal Government.
SEC. 802. RECOMMENDED PROHIBITION.
(a) FINDINGS.—Congress finds that—
(1) a Minnesota State prisoner, serving 23 years
for molesting teenage girls, worked for a nonprofit
work and education program inside the prison,
through which the prisoner had unsupervised access to
the Internet;
(2) the prisoner, through his unsupervised access
to the Internet, trafficked in child pornography over
the Internet;
(3) Federal law enforcement authorities caught
the prisoner with a computer disk containing 280
pictures of juveniles engaged in sexually explicit con-
duct;
(4) a jury found the prisoner guilty of conspir-
ing to trade in child pornography and possessing
child pornography;
(5) the United States District Court for the Dis-
trict of Minnesota sentenced the prisoner to 87
months in Federal prison, to be served upon the com-
pletion of his 23-year State prison term; and
(6) there has been an explosion in the use of the
Internet in the United States, further placing our Na-
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tion’s children at risk of harm and exploitation at the
hands of predators on the Internet and increasing the
ease of trafficking in child pornography.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that State Governors, State legislators, and State prison ad-
ministrators should prohibit unsupervised access to the
Internet by State prisoners.
SEC. 803. SURVEY.
(a) SURVEY.—Not later than 6 months after the date
of enactment of this Act, the Attorney General shall conduct
a survey of the States to determine to what extent each State
allows prisoners access to any interactive computer service
and whether such access is supervised by a prison official.
(b) REPORT.—The Attorney General shall submit a re-
port to Congress of the findings of the survey conducted pur-
suant to subsection (a).
(c) STATE DEFINED.—In this section, the term ‘‘State’’
means each of the 50 States and the District of Columbia.
TITLE IX—STUDIES
SEC. 901. STUDY ON LIMITING THE AVAILABILITY OF POR-
NOGRAPHY ON THE INTERNET.
(a) IN GENERAL.—Not later than 90 days after the
date of enactment of this Act, the Attorney General shall
request that the National Academy of Sciences, acting
through its National Research Council, enter into a contract
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to conduct a study of computer-based technologies and other
approaches to the problem of the availability of porno-
graphic material to children on the Internet, in order to
develop possible amendments to Federal criminal law and
other law enforcement techniques to respond to the problem.
(b) CONTENTS OF STUDY.—The study under this sec-
tion shall address each of the following:
(1) The capabilities of present-day computer-
based control technologies for controlling electronic
transmission of pornographic images.
(2) Research needed to develop computer-based
control technologies to the point of practical utility
for controlling the electronic transmission of porno-
graphic images.
(3) Any inherent limitations of computer-based
control technologies for controlling electronic trans-
mission of pornographic images.
(4) Operational policies or management tech-
niques needed to ensure the effectiveness of these con-
trol technologies for controlling electronic trans-
mission of pornographic images.
(c) FINAL REPORT.—Not later than 2 years after the
date of enactment of this Act, the Attorney General shall
submit to the Committees on the Judiciary of the House
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of Representatives and the Senate a final report of the study
under this section, which report shall—
(1) set forth the findings, conclusions, and rec-
ommendations of the Council; and
(2) be submitted by the Committees on the Judi-
ciary of the House of Representatives and the Senate
to relevant Government agencies and committees of
Congress.
SEC. 902. STUDY OF HOTLINES.
(a) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, the Attorney General shall con-
duct a study in accordance with subsection (b) and submit
to Congress a report on the results of that study.
(b) CONTENTS OF STUDY.—The study under this sec-
tion shall include an examination of—
(1) existing State programs for informing the
public about the presence of sexual predators released
from prison, as required in section 170101 of the Vio-
lent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 14071), including the use of CD-ROMs,
Internet databases, and Sexual Offender Identifica-
tion Hotlines, such as those used in the State of Cali-
fornia; and
(2) the feasibility of establishing a national hot-
line for parents to access a Federal Bureau of Inves-
154
HR 3494 RS
tigation database that tracks the location of convicted
sexual predators established under section 170102 of
the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14072) and, in determining that
feasibility, the Attorney General shall examine issues
including the cost, necessary changes to Federal and
State laws necessitated by the creation of such a hot-
line, consistency with Federal and State case law per-
taining to community notification, and the need for,
and accuracy and reliability of, the information
available through such a hotline.
Amend the title to read as follows: ‘‘To amend title
18, United States Code, to protect children from sexual
abuse and exploitation, and for other purposes.’’.