* treatment, or maltreatment of a child by any person in violation of * * the criminal child abuse laws of a State, but does not include * * discipline administered by a parent or legal guardian to his or her * * child provided it is reasonable in manner and moderate in degree and* * otherwise does not constitute cruelty; * * (7) the term "child abuse crime" means a crime committed under any* * law of a State that establishes criminal penalties for the * * commission of child abuse by a parent or other family member of a * * child or by any other person; * * (8) the term "care" means the provision of care, treatment, * * education, training, instruction, supervision, or recreation to * * children, the elderly, or individuals with disabilities; * * (9) the term "domestic violence" means a felony or misdemeanor * * involving the use or threatened use of force by- * * (A) a present or former spouse of the victim; * * (B) a person with whom the victim shares a child in common; * * (C) a person who is cohabiting with or has cohabited with the * * victim as a spouse; or * * (D) any person defined as a spouse of the victim under the * * domestic or family violence laws of a State; * * (10) the term "elderly" means a person who is sixty-five years old* * or older. * * (11) the term "exploitation" means child pornography and child * * prostitution; * * (12) the term "mental injury" means harm to a person's * * psychological or intellectual functioning, which may be exhibited by* * severe anxiety, depression, withdrawal or outward aggressive * * behavior, or a combination of those behaviors or by a change in * * behavior, emotional response, or cognition; * * (13) the term "national criminal background check system" means * * the system maintained by the Federal Bureau of Investigation based * * on fingerprint identification or any other method of positive * * identification; * * (14) the term "negligent treatment" means the failure to provide, * * for a reason other than poverty, adequate food, clothing, shelter, * * or medical care so as to seriously endanger the physical health of a* * child, elderly person, or individual with disabilities; * * (15) the term "individual with a disability" means an individual * * with a disability (as defined in section 3(2) of the Americans with * * Disabilities Act of 1990 (42 U.S.C. 12102(21))); * * (16) the term "physical injury" includes lacerations, fractured * * bones, burns, internal injuries, severe bruising, and serious bodily* * harm; * * (17) the term "provider" means- * * (A) a person who- * * (i) is employed by or volunteers with a qualified entity; * * (ii) who owns or operates a qualified entity; or * * (iii) who has or may have unsupervised access to a person * * to whom the qualified entity provides care; and * * (B) a person who- * * (i) seeks to be employed by or volunteer with a qualified * * entity; * * (ii) seeks to own or operate a qualified entity; or * * (iii) seeks to have or may have unsupervised access to a * * to whom the qualified entity provides care; * * (18) the term "qualified entity" means a business or organization,* * whether public, private, for-profit, not-for-profit, or voluntary, * * that provides care or care placement services, including a business * * or organization that licenses or certifies others to provide care or* * care placement services; * * (19) the term "sex crime" means an act of sexual abuse that is a * * criminal act; * * (20) the term "sexual abuse" includes the employment, use, * * persuasion, inducement, enticement, or coercion of a child to engage* * in, or assist another person to engage in, sexually explicit conduct* * or the rape, molestation, prostitution, or other form of sexual * * exploitation of children or incest with children; and * * (21) the term "State" means a State, the District of Columbia, the* * Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, * * Guam, and the Trust Territories of the Pacific. * *SEC. 814. REPORTING BY THE STATES. * * (a) IN GENERAL.-An authorized criminal justice agency of a State shall* *report child abuse crime information to, or index child abuse crime * *information in, the national criminal background check system. * * (b) PROVISION OF STATE CHILD ABUSE CRIME RECORDS THROUGH THE NATIONAL * *CRIMINAL BACKGROUND CHECK SYSTEM.-(1) NOT LATER THAN 180 DAYS AFTER THE * *DATE OF ENACTMENT OF THIS ACT, THE ATTORNEY GENERAL SHALL, SUBJECT TO * *THE AVAILABILITY OF APPROPRIATIONS- * * (A) INVESTIGATE THE CRIMINAL RECORDS OF EACH STATE AND DETERMINE * * FOR EACH STATE A TIMETABLE BY WHICH THE STATE SHOULD BE ABLE TO * * PROVIDE CHILD ABUSE CRIME RECORDS ON AN ON-LINE CAPACITY BASIS * * THROUGH THE NATIONAL CRIMINAL BACKGROUND CHECK SYSTEM; * * (B) ESTABLISH GUIDELINES FOR THE REPORTING OR INDEXING OF CHILD * * ABUSE CRIME INFORMATION, INCLUDING GUIDELINES RELATING TO THE * * FORMAT, CONTENT, AND ACCURACY OF CHILD ABUSE CRIME INFORMATION AND * * OTHER PROCEDURES FOR CARRYING OUT THIS ACT; AND * * (C) NOTIFY EACH STATE OF THE DETERMINATIONS MADE PURSUANT TO * * SUBPARAGRAPHS (A) AND (B). * * (2) THE ATTORNEY GENERAL SHALL REQUIRE AS A PART OF THE STATE * *TIMETABLE THAT THE STATE- * * (A) ACHIEVE, BY NOT LATER THAN THE DATE THAT IS 3 YEARS AFTER THE * * DATE OF ENACTMENT OF THIS ACT, AT LEAST 80 PERCENT CURRENCY OF FINAL* * CASE DISPOSITIONS IN COMPUTERIZED CRIMINAL HISTORY FILES FOR ALL * * IDENTIFIABLE CHILD ABUSE CRIME CASES IN WHICH THERE HAS BEEN AN * * EVENT OF ACTIVITY WITHIN THE LAST 5 YEARS; * * (B) CONTINUE TO MAINTAIN AT LEAST 80 PERCENT CURRENCY OF FINAL * * CASE DISPOSITIONS IN ALL IDENTIFIABLE CHILD ABUSE CRIME CASES IN * * WHICH THERE HAS BEEN AN EVENT OF ACTIVITY WITHIN THE PRECEDING 5 * * YEARS; AND * * (C) TAKE STEPS TO ACHIEVE FULL DISPOSITION REPORTING, INCLUDING * * DATA QUALITY AUDITS AND PERIODIC NOTICES TO CRIMINAL JUSTICE * * AGENCIES IDENTIFYING RECORDS THAT LACK FINAL DISPOSITIONS AND * * REQUESTING THOSE DISPOSITIONS. * * (C) LIAISON.-AN AUTHORIZED AGENCY OF A STATE SHALL MAINTAIN CLOSE * *LIAISON WITH THE NATIONAL CENTER ON CHILD ABUSE AND NEGLECT, THE * *NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN, AND THE NATIONAL * *CENTER FOR THE PROSECUTION OF CHILD ABUSE FOR THE EXCHANGE OF TECHNICAL * *ASSISTANCE IN CASES OF CHILD ABUSE. * * (D) ANNUAL SUMMARY.-(1) The Attorney General shall publish an annual * *statistical summary of the child abuse crime information reported under * *this subtitle. * * (2) The annual statistical summary described in paragraph (1) shall * *not contain any information that may reveal the identity of any * *particular victim or alleged violator. * * (e) ANNUAL REPORT.-THE ATTORNEY GENERAL SHALL PUBLISH AN ANNUAL * *SUMMARY OF EACH STATE'S PROGRESS IN REPORTING CHILD ABUSE CRIME * *INFORMATION TO THE NATIONAL CRIMINAL BACKGROUND CHECK SYSTEM. * * (F) STUDY OF CHILD ABUSE OFFENDERS.-(1) Not later than 180 days after * *the date of enactment of this Act, the Administrator of the Office of * *Juvenile Justice and Delinquency Prevention shall begin a study based on* *a statistically significant sample of convicted child abuse offenders * *and other relevant information to determine- * * (A) the percentage of convicted child abuse offenders who have * * more than 1 conviction for an offense involving child abuse; * * (B) the percentage of convicted child abuse offenders who have * * been convicted of an offense involving child abuse in more than 1 * * State; * * (C) whether there are crimes or classes of crimes, in addition to * * those defined as background check crimes in section 3, that are * * indicative of a potential to abuse children; and * * (D) the extent to which and the manner in which instances of child* * abuse form a basis for convictions for crimes other than child abuse* * crimes. * * (2) Not later than 1 year after the date of enactment of this Act, the* *Administrator shall submit a report to the Chairman of the Committee on * *the Judiciary of the Senate and the Chairman of the Committee on the * *Judiciary of the House of Representatives containing a description of * *and a summary of the results of the study conducted pursuant to * *paragraph (1). * *SEC. 815. BACKGROUND CHECKS. * * (a) IN GENERAL.-(1) A State may have in effect procedures (established* *by or under State statute or regulation) to permit a qualified entity to* *contact an authorized agency of the State to request a nationwide * *background check for the purpose of determining whether there is a * *report that a provider is under indictment for, or has been convicted * *of, a background check crime. * * (2) The authorized agency shall access and review State and Federal * *records of background check crimes through the national criminal * *background check system and shall respond promptly to the inquiry. * * (b) GUIDELINES.-(1) The Attorney General shall establish guidelines * *for State background check procedures established under subsection (a), * *which guidelines shall include the requirements and protections of this * *subtitle. * * (2) The guidelines established under paragraph (1) shall require- * * (A) that no qualified entity may request a background check of a * * provider under subsection (a) unless the provider first completes * * and signs a statement that- * * (i) contains the name, address, and date of birth appearing on* * a valid identification document (as defined by section * * 1028(d)(1) of title 18, United States Code) of the provider; * * (ii) the provider is not under indictment for, and has not * * been convicted of, a background check crime and, if the provider* * is under indictment for or has been convicted of a background * * check crime, contains a description of the crime and the * * particulars of the indictment or conviction; * * (iii) notifies the provider that the entity may request a * * background check under subsection (a); * * (iv) notifies the provider of the provider's rights under * * subparagraph (B); and * * (v) notifies the provider that prior to the receipt of the * * background check the qualified entity may choose to deny the * * provider unsupervised access to a person to whom the qualified * * entity provides care; * * (B) that each State establish procedures under which a provider * * who is the subject of a background check under subsection (a) is * * entitled- * * (i) to obtain a copy of any background check report and any * * record that forms the basis for any such report; and * * (ii) to challenge the accuracy and completeness of any * * information contained in any such report or record and obtain a * * prompt determination from an authorized agency as to the * * validity of such challenge; * * (C) that an authorized agency to which a qualified entity has * * provided notice pursuant to subsection (a) make reasonable efforts * * to complete research in whatever State and local recordkeeping * * systems are available and in the national criminal background check * * system and respond to the qualified entity within 15 business days; * * (D) that the response of an authorized agency to an inquiry * * pursuant to subsection (a) inform the qualified entity that the * * background check pursuant to this section- * * (i) may not reflect all indictments or convictions for a * * background check crime; and * * (ii) may not be the sole basis for determining the fitness of * * a provider; * * (E) that the response of an authorized agency to an inquiry * * pursuant to subsection (a) be limited to the conviction or pending * * indictment information reasonably required to accomplish the * * purposes of this Act; * * (F) that the qualified entity may choose to deny the provider * * unsupervised access to a person to whom the qualified entity * * provides care on the basis of a background check under subsection * * (a) until the provider has obtained a determination as to the * * validity of any challenge under subparagraph (B) or waived the right* * to make such challenge; * * (G) that each State establish procedures to ensure that any * * background check under subsection (a) and the results thereof shall * * be requested by and provided only to- * * (i) qualified entities identified by States; * * (ii) authorized representatives of a qualified entity who have* * a need to know such information; * * (iii) the provider who is the subject of a background check; * * (iv) law enforcement authorities; or * * (v) pursuant to the direction of a court of law; * * (H) that background check information conveyed to a qualified * * entity pursuant to subsection (a) shall not be conveyed to any * * person except as provided under subparagraph (G); * * (I) that an authorized agency shall not be liable in an action at * * law for damages for failure to prevent a qualified entity from * * taking action adverse to a provider on the basis of a background * * check; * * (J) that a State employee or a political subdivision of a State or* * employee thereof responsible for providing information to the * * national criminal background check system shall not be liable in an * * action at law for damages for failure to prevent a qualified entity * * from taking action adverse to a provider on the basis a background * * check; and * * (K) that a State or Federal provider of criminal history records, * * and any employee thereof, shall not be liable in an action at law * * for damages for failure to prevent a qualified entity from taking * * action adverse to a provider on the basis of a criminal background * * check, or due to a criminal history record's being incomplete. * * (c) EQUIVALENT PROCEDURES.-(1) NOTWITHSTANDING ANYTHING TO THE * *CONTRARY IN THIS SECTION, THE ATTORNEY GENERAL MAY CERTIFY THAT A STATE * *LICENSING OR CERTIFICATION PROCEDURE THAT DIFFERS FROM THE PROCEDURES * *DESCRIBED IN SUBSECTIONS (A) AND (B) SHALL BE DEEMED TO BE THE * *EQUIVALENT OF SUCH PROCEDURES FOR PURPOSES OF THIS ACT, BUT THE * *PROCEDURES DESCRIBED IN SUBSECTIONS (A) AND (B) SHALL CONTINUE TO APPLY * *TO THOSE QUALIFIED ENTITIES, PROVIDERS, AND BACKGROUND CHECK CRIMES THAT* *ARE NOT GOVERNED BY OR INCLUDED WITHIN THE STATE LICENSING OR * *CERTIFICATION PROCEDURE. * * (2) THE ATTORNEY GENERAL SHALL BY REGULATION ESTABLISH CRITERIA FOR * *CERTIFICATIONS UNDER THIS SUBSECTION. SUCH CRITERIA SHALL INCLUDE A * *FINDING BY THE ATTORNEY GENERAL THAT THE STATE LICENSING OR * *CERTIFICATION PROCEDURE ACCOMPLISHES THE PURPOSES OF THIS ACT AND * *INCORPORATES A NATIONWIDE REVIEW OF STATE AND FEDERAL RECORDS OF * *BACKGROUND CHECK OFFENSES THROUGH THE NATIONAL CRIMINAL BACKGROUND CHECK* *SYSTEM. * * (D) REGULATIONS.-(1) THE ATTORNEY GENERAL MAY BY REGULATION PRESCRIBE * *SUCH OTHER MEASURES AS MAY BE REQUIRED TO CARRY OUT THE PURPOSES OF THIS* *ACT, INCLUDING MEASURES RELATING TO THE SECURITY, CONFIDENTIALITY, * *ACCURACY, USE, MISUSE, AND DISSEMINATION OF INFORMATION, AND AUDITS AND * *RECORDKEEPING. * * (2) THE ATTORNEY GENERAL SHALL, TO THE MAXIMUM EXTENT POSSIBLE, * *ENCOURAGE THE USE OF THE BEST TECHNOLOGY AVAILABLE IN CONDUCTING * *BACKGROUND CHECKS. * *SEC. 816. FUNDING FOR IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION. * * (a) USE OF FORMULA GRANTS FOR IMPROVEMENTS IN STATE RECORDS AND * *SYSTEMS.-SECTION 509(B) OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS * *ACT OF 1968 (42 U.S.C. 3759(B)) IS AMENDED- * * * * (1) IN PARAGRAPH (2) BY STRIKING "AND" AFTER THE SEMICOLON; * * (2) IN PARAGRAPH (3) BY STRIKING THE PERIOD AND INSERTING "; AND";* * AND * * (3) BY ADDING AT THE END THE FOLLOWING NEW PARAGRAPH: * * "(4) THE IMPROVEMENT OF STATE RECORD SYSTEMS AND THE SHARING OF * * ALL OF THE RECORDS DESCRIBED IN PARAGRAPHS (1), (2), AND (3) AND THE* * RECORDS REQUIRED BY THE ATTORNEY GENERAL UNDER SECTION 914 OF THE * * NATIONAL CHILD, ELDERLY, AND INDIVIDUALS WITH DISABILITIES * * PROTECTION ACT OF 1993 WITH THE ATTORNEY GENERAL FOR THE PURPOSE OF * * IMPLEMENTING THE NATIONAL CHILD, ELDERLY, AND INDIVIDUALS WITH * * DISABILITIES PROTECTION ACT OF 1993, AND THE INFORMATION AND RECORDS* * REFERRED TO IN SECTION 406 OF THE INDIAN CHILD PROTECTION AND FAMILY* * VIOLENCE PREVENTION ACT.". * * (B) ADDITIONAL FUNDING GRANTS FOR THE IMPROVEMENT OF CHILD ABUSE CRIME* *INFORMATION.-(1) THE ATTORNEY GENERAL SHALL, SUBJECT TO APPROPRIATIONS * *AND WITH PREFERENCE TO STATES THAT AS OF THE DATE OF ENACTMENT OF THIS * *ACT HAVE THE LOWEST PERCENT CURRENCY OF CASE DISPOSITIONS IN * *COMPUTERIZED CRIMINAL HISTORY FILES, MAKE A GRANT TO EACH STATE TO BE * *USED- * * (A) FOR THE COMPUTERIZATION OF CRIMINAL HISTORY FILES FOR THE * * PURPOSES OF THIS SUBTITLE; * * (B) FOR THE IMPROVEMENT OF EXISTING COMPUTERIZED CRIMINAL HISTORY * * FILES FOR THE PURPOSES OF THIS SUBTITLE; * * (C) TO IMPROVE ACCESSIBILITY TO THE NATIONAL CRIMINAL BACKGROUND * * CHECK SYSTEM FOR THE PURPOSES OF THIS SUBTITLE; AND * * (D) TO ASSIST THE STATE IN THE TRANSMITTAL OF CRIMINAL RECORDS TO,* * OR THE INDEXING OF CRIMINAL HISTORY RECORD IN, THE NATIONAL CRIMINAL* * BACKGROUND CHECK SYSTEM FOR THE PURPOSES OF THIS SUBTITLE. * * (2) THERE ARE AUTHORIZED TO BE APPROPRIATED FOR GRANTS UNDER PARAGRAPH* *(1) A TOTAL OF $40,000,000 FOR FISCAL YEARS 1995, 1996, AND 1997. * * (C) WITHHOLDING STATE FUNDS.-EFFECTIVE 1 YEAR AFTER THE DATE OF * *ENACTMENT OF THIS ACT, THE ATTORNEY GENERAL MAY REDUCE BY UP TO 10 * *PERCENT THE ALLOCATION TO A STATE FOR A FISCAL YEAR UNDER TITLE I OF THE* *OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 OF A STATE THAT IS * *NOT IN COMPLIANCE WITH THE TIMETABLE ESTABLISHED FOR THAT STATE UNDER * *SECTION 914 OF THIS ACT. * *Subtitle C-Crimes Against Children * *SEC. 821. SHORT TITLE. * * This subtitle may be cited as the "Jacob Wetterling Crimes Against * *Children Registration Act". * *SEC. 822. ESTABLISHMENT OF PROGRAM. * * (a) IN GENERAL.- * * (1) STATE GUIDELINES.-The Attorney General shall establish * * guidelines for State programs requiring any person who is convicted * * of a criminal offense against a victim who is a minor to register a * * current address with a designated State law enforcement agency for * * 10 years after release from prison, being placed on parole, or being* * placed on supervised release. * * (2) DEFINITION.-For purposes of this subsection, the term * * "criminal offense against a victim who is a minor" includes- * * (A) kidnapping of a minor, except by a noncustodial parent; * * (B) false imprisonment of a minor, except by a noncustodial * * parent; * * (C) criminal sexual conduct toward a minor; * * (D) solicitation of minors to engage in sexual conduct; * * (E) use of minors in a sexual performance; or * * (F) solicitation of minors to practice prostitution. * * (b) REGISTRATION REQUIREMENT UPON RELEASE, PAROLE, OR SUPERVISED * *RELEASE.-An approved State registration program established by this * *section shall contain the following requirements: * * (1) NOTIFICATION.-If a person who is required to register under * * this section is released from prison, paroled, or placed on * * supervised release, a State prison officer shall- * * (A) inform the person of the duty to register; * * (B) inform the person that if the person changes residence * * address, the person shall give the new address to a designated * * State law enforcement agency in writing within 10 days; * * (C) obtain fingerprints and a photograph of the person if * * these have not already been obtained in connection with the * * offense that triggers registration; and * * (D) require the person to read and sign a form stating that * * the duty of the person to register under this section has been * * explained. * * (2) TRANSFER OF INFORMATION TO STATE AND THE FBI.-The officer * * shall, within 3 days after receipt of information described in * * paragraph (1), forward it to a designated State law enforcement * * agency. The State law enforcement agency shall immediately enter the* * information into the appropriate State law enforcement record system* * and notify the appropriate law enforcement agency having * * jurisdiction where the person expects to reside. The State law * * enforcement agency shall also immediately transmit the conviction * * data and fingerprints to the Identification Division of the Federal * * Bureau of Investigation. * * (3) ANNUAL VERIFICATION.-On each anniversary of a person's initial* * registration date during the period in which the person is required * * to register under this section, the designated State law enforcement* * agency shall mail a nonforwardable verification form to the last * * reported address of the person. The person shall mail the * * verification form to the officer within 10 days after receipt of the* * form. The verification form shall be signed by the person, and state* * that the person still resides at the address last reported to the * * designated State law enforcement agency. If the person fails to mail* * the verification form to the designated State law enforcement agency* * within 10 days after receipt of the form, the person shall be in * * violation of this section unless the person proves that the person * * has not changed his or her residence address. * * (4) NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGES IN * * ADDRESS.-Any change of address by a person required to register * * under this section reported to the designated State law enforcement * * agency shall immediately be reported to the appropriate law * * enforcement agency having jurisdiction where the person is residing.* * (c) REGISTRATION FOR 10 YEARS.-A person required to register under* *this section shall continue to comply with this section until 10 years * *have elapsed since the person was released from imprisonment, or placed * *on parole or supervised release. * * (d) PENALTY.-A person required to register under a State program * *established pursuant to this section who knowingly fails to so register * *and keep such registration current shall be subject to criminal * *penalties in such State. It is the sense of Congress that such penalties* *should include at least 6 months imprisonment. * * (e) PRIVATE DATA.-The information provided under this section is * *private data on individuals and may be used for law enforcement purposes* *and confidential background checks conducted with fingerprints by a * *designated State law enforcement agency for child care services * *providers. * *SEC. 823. STATE COMPLIANCE. * * (a) COMPLIANCE DATE.-Each State shall have 3 years from the date of * *enactment of this Act in which to implement the provisions of this * *subtitle. * * (b) INELIGIBILITY FOR FUNDS.-The allocation of funds under section 506* *of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42* *U.S.C. 3756) received by a State not complying with this subtitle 3 * *years after the date of enactment of this Act shall be reduced by 10 * *percent and the unallocated funds shall be reallocated to the States in * *compliance with this section. * *Subtitle D-Child Pornography * *SEC. 824. PENALTIES FOR INTERNATIONAL TRAFFICKING IN CHILD PORNOGRAPHY. * * (a) IMPORT RELATED OFFENSE.-CHAPTER 110 OF TITLE 18, UNITED STATES * *CODE, IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW SECTION: * *"2258. Production of sexually explicit depictions of a minor for * *importation into the United States * * "(a) USE OF MINOR.-A PERSON WHO, OUTSIDE THE UNITED STATES, EMPLOYS, * *USES, PERSUADES, INDUCES, ENTICES, OR COERCES ANY MINOR TO ENGAGE IN, OR* *WHO HAS A MINOR ASSIST ANY OTHER PERSON TO ENGAGE IN, OR WHO TRANSPORTS * *ANY MINOR WITH THE INTENT THAT THE MINOR ENGAGE IN ANY SEXUALLY EXPLICIT* *CONDUCT FOR THE PURPOSE OF PRODUCING ANY VISUAL DEPICTION OF SUCH * *CONDUCT, INTENDING THAT THE VISUAL DEPICTION WILL BE IMPORTED INTO THE * *UNITED STATES OR INTO WATERS WITHIN 12 MILES OF THE COAST OF THE UNITED * *STATES, SHALL BE PUNISHED AS PROVIDED IN SUBSECTION (C). * * "(B) USE OF VISUAL DEPICTION.-A PERSON WHO, OUTSIDE THE UNITED STATES,* *KNOWINGLY RECEIVES, TRANSPORTS, SHIPS, DISTRIBUTES, SELLS, OR POSSESSES * *WITH INTENT TO TRANSPORT, SHIP, SELL, OR DISTRIBUTE ANY VISUAL DEPICTION* *OF A MINOR ENGAGING IN SEXUALLY EXPLICIT CONDUCT (IF THE PRODUCTION OF * *THE VISUAL DEPICTION INVOLVED THE USE OF A MINOR ENGAGING IN SEXUALLY * *EXPLICIT CONDUCT), INTENDING THAT THE VISUAL DEPICTION WILL BE IMPORTED * *INTO THE UNITED STATES OR INTO WATERS WITHIN A DISTANCE OF 12 MILES OF * *THE COAST OF THE UNITED STATES, SHALL BE PUNISHED AS PROVIDED IN * *SUBSECTION (C). * * "(C) PENALTIES.-A PERSON WHO VIOLATES SUBSECTION (A) OR (B), OR * *CONSPIRES OR ATTEMPTS TO DO SO- * * "(1) SHALL BE FINED UNDER THIS TITLE, IMPRISONED NOT MORE THAN 10 * * YEARS, OR BOTH; AND * * "(2) IF THE PERSON HAS A PRIOR CONVICTION UNDER THIS CHAPTER OR * * CHAPTER 109A, SHALL BE FINED UNDER THIS TITLE, IMPRISONED NOT MORE * * THAN 20 YEARS, OR BOTH.". * * (B) TECHNICAL AMENDMENT.- * * (1) CHAPTER ANALYSIS.-THE CHAPTER ANALYSIS FOR CHAPTER 110 OF * * TITLE 18, UNITED STATES CODE, IS AMENDED BY ADDING AT THE END THE * * FOLLOWING NEW ITEM: * *"2258. Production of sexually explicit depictions of a minor for * *importation into the United States.". * * (2) FINE PROVISIONS.-SECTION 2251(D) OF TITLE 18, UNITED STATES * * CODE, IS AMENDED- * * (A) BY STRIKING "NOT MORE THAN $100,000, OR" AND INSERTING * * "UNDER THIS TITLE,"; * * (B) BY STRIKING "NOT MORE THAN $200,000, OR" AND INSERTING * * "UNDER THIS TITLE,"; AND * * (C) BY STRIKING "NOT MORE THAN $250,000" AND INSERTING "UNDER * * THIS TITLE". * * (C) SECTION 2251 PENALTY ENHANCEMENT.-SECTION 2251(D) OF TITLE 18, * *UNITED STATES CODE, IS AMENDED BY STRIKING "THIS SECTION" THE SECOND * *PLACE IT APPEARS AND INSERTING "THIS CHAPTER OR CHAPTER 109A". * * (D) SECTION 2252 PENALTY ENHANCEMENT.-SECTION 2252(B)(1) OF TITLE 18, * *UNITED STATES CODE, IS AMENDED BY STRIKING "THIS SECTION" AND INSERTING * *"THIS CHAPTER OR CHAPTER 109A". * * (E) CONSPIRACY AND ATTEMPT.-SECTIONS 2251(D) AND 2252(B) OF TITLE 18, * *UNITED STATES CODE, ARE EACH AMENDED BY INSERTING ", OR ATTEMPTS OR * *CONSPIRES TO VIOLATE," AFTER "VIOLATES" EACH PLACE IT APPEARS. * * (F) RICO AMENDMENT.-SECTION 1961(L) OF TITLE 18, UNITED STATES CODE, * *IS AMENDED BY STRIKING "2251-2252" AND INSERTING "2251, 2252, AND 2258".* * (G) TRANSPORTATION OF MINORS.-SECTION 2423 OF TITLE 18, UNITED STATES * *CODE, IS AMENDED- * * (1) BY STRIKING "(A) WHOEVER" AND INSERTING "(A) TRANSPORTATION * * WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY.-A PERSON WHO"; * * AND * * (2) BY ADDING AT THE END THE FOLLOWING NEW SUBSECTION: * * "(B) TRAVEL WITH INTENT TO ENGAGE IN SEXUAL ACT WITH A JUVENILE.-A * *PERSON WHO TRAVELS IN INTERSTATE COMMERCE, OR CONSPIRES TO DO SO, OR A * *UNITED STATES CITIZEN OR AN ALIEN ADMITTED FOR PERMANENT RESIDENCE IN * *THE UNITED STATES WHO TRAVELS IN FOREIGN COMMERCE, OR CONSPIRES TO DO * *SO, FOR THE PURPOSE OF ENGAGING IN ANY SEXUAL ACT (AS DEFINED IN SECTION* *2245) WITH A PERSON UNDER 18 YEARS OF AGE THAT WOULD BE IN VIOLATION OF * *CHAPTER 109A IF THE SEXUAL ACT OCCURRED IN THE SPECIAL MARITIME AND * *TERRITORIAL JURISDICTION OF THE UNITED STATES SHALL BE FINED UNDER THIS * *TITLE, IMPRISONED NOT MORE THAN 10 YEARS, OR BOTH.". * *SEC. 825. SENSE OF CONGRESS CONCERNING STATE LEGISLATION REGARDING CHILD* *PORNOGRAPHY. * * It is the sense of the Congress that each State that has not yet done * *so should enact legislation prohibiting the production, distribution, * *receipt, or simple possession of materials depicting a person under 18 * *years of age engaging in sexually explicit conduct (as defined in * *section 2256 of title 18, United States Code) and providing for a * *maximum imprisonment of at least 1 year and for the forfeiture of assets* *used in the commission or support of, or gained from, such offenses. * *Subtitle E-Rules of Evidence, Practice and Procedure * *SEC. 831. ADMISSIBILITY OF EVIDENCE OF SIMILAR CRIMES IN SEX OFFENSE * *CASES. * * The Federal Rules of Evidence are amended by adding after Rule 412 the* *following new rules: * *"Rule 413. Evidence of Similar Crimes in Sexual Assault Cases * * "(a) In a criminal case in which the defendant is accused of an * *offense of sexual assault, evidence of the defendant's commission of * *another offense or offenses of sexual assault is admissible, and may be * *considered for its bearing on any matter to which it is relevant. * * "(b) In a case in which the Government intends to offer evidence under* *this rule, the attorney for the Government shall disclose the evidence * *to the defendant, including statements of witnesses or a summary of the * *substance of any testimony that is expected to be offered, at least * *fifteen days before the scheduled date of trial or at such later time as* *the court may allow for good cause. * * "(c) This rule shall not be construed to limit the admission or * *consideration of evidence under any other rule. * * "(d) For purposes of this rule and Rule 415, "offense of sexual * *assault" means a crime under Federal law or the law of a State (as * *defined in section 513 of title 18, United States Code) that involved- * * "(1) any conduct proscribed by chapter 109A of title 18, United * * States Code; * * "(2) contact, without consent, between any part of the defendant's* * body or an object and the genitals or anus of another person; * * "(3) contact, without consent, between the genitals or anus of the* * defendant and any part of another person's body; * * "(4) deriving sexual pleasure or gratification from the infliction* * of death, bodily injury, or physical pain on another person; or * * "(5) an attempt or conspiracy to engage in conduct described in * * paragraphs (1)-(4). * *"Rule 414. Evidence of Similar Crimes in Child Molestation Cases * * "(a) In a criminal case in which the defendant is accused of an * *offense of child molestation, evidence of the defendant's commission of * *another offense or offenses of child molestation is admissible, and may * *be considered for its bearing on any matter to which it is relevant. * * "(b) In a case in which the Government intends to offer evidence under* *this rule, the attorney for the Government shall disclose the evidence * *to the defendant, including statements of witnesses or a summary of the * *substance of any testimony that is expected to be offered, at least * *fifteen days before the scheduled date of trial or at such later time as* *the court may allow for good cause. * * "(c) This rule shall not be construed to limit the admission or * *consideration of evidence under any other rule. * * "(d) For purposes of this rule and Rule 415, "child" means a person * *below the age of fourteen, and "offense of child molestation" means a * *crime under Federal law or the law of a State (as defined in section 513* *of title 18, United States Code) that involved- * * "(1) any conduct proscribed by chapter 109A of title 18, United * * States Code, that was committed in relation to a child; * * "(2) any conduct proscribed by chapter 110 of title 18, United * * States Code; * * "(3) contact between any part of the defendant's body or an object* * and the genitals or anus of a child; * * "(4) contact between the genitals or anus of the defendant and any* * part of the body of a child; * * "(5) deriving sexual pleasure or gratification from the infliction* * of death, bodily injury, or physical pain on a child; or * * "(6) an attempt or conspiracy to engage in conduct described in * * paragraphs (1)-(5). * *"Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual * *Assault or Child Molestation * * "(a) In a civil case in which a claim for damages or other relief is * *predicated on a party's alleged commission of conduct constituting an * *offense of sexual assault or child molestation, evidence of that party's* *commission of another offense or offenses of sexual assault or child * *molestation is admissible and may be considered as provided in Rule 413 * *and Rule 414 of these rules. * * "(b) A party who intends to offer evidence under this Rule shall * *disclose the evidence to the party against whom it will be offered, * *including statements of witnesses or a summary of the substance of any * *testimony that is expected to be offered, at least fifteen days before * *the scheduled date of trial or at such later time as the court may allow* *for good cause. * * "(c) This rule shall not be construed to limit the admission or * *consideration of evidence under any other rule." * *Subtitle F-Sexually Violent Predators * *SEC. 841. SHORT TITLE. * * This subtitle may be cited as the "Sexually Violent Predators Act". * *SEC. 842. FINDINGS. * * Congress finds that- * * (1) there exists a small but extremely dangerous group of sexually* * violent persons who do not have a mental disease or defect; * * (2) persons who are sexually violent predators generally have * * antisocial personality features that- * * (A) are not amenable to mental illness treatment modalities in* * existence on the date of enactment of this Act; and * * (B) render the persons likely to engage in sexually violent * * behavior; * * (3) the likelihood that sexually violent predators will repeat * * acts of predatory sexual violence is high; and * * (4) the prognosis for curing sexually violent predators is poor * * and the treatment needs of the population of the predators are very * * long-term. * *SEC. 843. DEFINITIONS. * * As used in this subtitle: * * (1) MENTAL ABNORMALITY.-THE TERM "MENTAL ABNORMALITY" MEANS A * * CONGENITAL OR ACQUIRED CONDITION OF A PERSON THAT AFFECTS THE * * EMOTIONAL OR VOLITIONAL CAPACITY OF THE PERSON IN A MANNER THAT * * PREDISPOSES THE PERSON TO THE COMMISSION OF CRIMINAL SEXUAL ACTS TO * * A DEGREE THAT MAKES THE PERSON A MENACE TO THE HEALTH AND SAFETY OF * * OTHER PERSONS. * * (2) PREDATORY.-THE TERM "PREDATORY", WITH RESPECT TO AN ACT, * * MEANS AN ACT DIRECTED TOWARDS A STRANGER, OR A PERSON WITH WHOM A * * RELATIONSHIP HAS BEEN ESTABLISHED OR PROMOTED, FOR THE PRIMARY * * PURPOSE OF VICTIMIZATION. * * (3) SEXUALLY VIOLENT OFFENSE.-THE TERM "SEXUALLY VIOLENT OFFENSE" * * MEANS AN ACT THAT IS A VIOLATION OF TITLE 18, UNITED STATES CODE OR * * STATE CRIMINAL CODE THAT- * * (A) INVOLVES THE USE OR ATTEMPTED OR THREATENED USE OF * * PHYSICAL FORCE AGAINST THE PERSON OR PROPERTY OF ANOTHER PERSON;* * AND * * (B) IS DETERMINED BEYOND A REASONABLE DOUBT TO BE SEXUALLY * * MOTIVATED. * * (4) SEXUALLY VIOLENT PREDATOR.-THE TERM "SEXUALLY VIOLENT * * PREDATOR" MEANS A PERSON WHO HAS BEEN CONVICTED OF A SEXUALLY * * VIOLENT OFFENSE AND WHO SUFFERS FROM A MENTAL ABNORMALITY OR * * PERSONALITY DISORDER THAT MAKES THE PERSON LIKELY TO ENGAGE IN * * PREDATORY SEXUALLY VIOLENT OFFENSES. *