[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 151 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
March 27, 2003.
Resolved, That the bill from the Senate (S. 151) entitled ``An Act to amend
title 18, United States Code, with respect to the sexual exploitation of
children'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Abduction Prevention Act''.
TITLE I--SANCTIONS AND OFFENSES
SEC. 101. SUPERVISED RELEASE TERM FOR SEX OFFENDERS.
Section 3583 of title 18, United States Code, is amended--
(1) in subsection (e)(3), by inserting ``on any such
revocation'' after ``required to serve'';
(2) in subsection (h), by striking ``that is less than the
maximum term of imprisonment authorized under subsection
(e)(3)''; and
(3) by adding at the end the following:
``(k) Notwithstanding subsection (b), the authorized term of
supervised release for any offense under section 1201 involving a minor
victim, and for any offense under section 1591, 2241, 2242, 2244(a)(1),
2244(a)(2), 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, 2423, or 2425,
is any term of years or life, and the sentence for any such offense
that is a felony shall include a term of supervised release of at least
5 years.''.
SEC. 102. FIRST DEGREE MURDER FOR CHILD ABUSE AND CHILD TORTURE
MURDERS.
Section 1111 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``child abuse,'' after ``sexual
abuse,''; and
(B) by inserting ``or perpetrated as part of a
pattern or practice of assault or torture against a
child or children;'' after ``robbery;''; and
(2) by inserting at the end the following:
``(c) For purposes of this section--
``(1) the term `assault' has the same meaning as given that
term in section 113;
``(2) the term `child' means a person who has not attained
the age of 18 years and is--
``(A) under the perpetrator's care or control; or
``(B) at least six years younger than the
perpetrator;
``(3) the term `child abuse' means intentionally,
knowingly, or recklessly causing death or serious bodily injury
to a child;
``(4) the term `pattern or practice of assault or torture'
means assault or torture engaged in on at least two occasions;
``(5) the term `recklessly' with respect to causing death
or serious bodily injury--
``(A) means causing death or serious bodily injury
under circumstances in which the perpetrator is aware
of and disregards a grave risk of death or serious
bodily injury; and
``(B) such recklessness can be inferred from the
character, manner, and circumstances of the
perpetrator's conduct;
``(6) the term `serious bodily injury' has the meaning set
forth in section 1365; and
``(7) the term `torture' means conduct, whether or not
committed under the color of law, that otherwise satisfies the
definition set forth in section 2340(1).''.
SEC. 103. SEXUAL ABUSE PENALTIES.
(a) Maximum Penalty Increases.--(1) Chapter 110 of title 18, United
States Code, is amended--
(A) in section 2251(d)--
(i) by striking ``20'' and inserting ``30''; and
(ii) by striking ``30'' the first place it appears
and inserting ``50'';
(B) in section 2252(b)(1)--
(i) by striking ``15'' and inserting ``20''; and
(ii) by striking ``30'' and inserting ``40'';
(C) in section 2252(b)(2)--
(i) by striking ``5'' and inserting ``10''; and
(ii) by striking ``10'' and inserting ``20'';
(D) in section 2252A(b)(1)--
(i) by striking ``15'' and inserting ``20''; and
(ii) by striking ``30'' and inserting ``40''; and
(E) in section 2252A(b)(2)--
(i) by striking ``5'' and inserting ``10''; and
(ii) by striking ``10'' and inserting ``20''.
(2) Chapter 117 of title 18, United States Code, is amended--
(A) in section 2422(a), by striking ``10'' and inserting
``20'';
(B) in section 2422(b), by striking ``15'' and inserting
``30''; and
(C) in section 2423(a), by striking ``15'' and inserting
``30''.
(3) Section 1591(b)(2) of title 18, United States Code, is amended
by striking ``20'' and inserting ``40''.
(b) Minimum Penalty Increases.--(1) Chapter 110 of title 18, United
States Code, is amended--
(A) in section 2251(d)--
(i) by striking ``or imprisoned not less than 10''
and inserting ``and imprisoned not less than 15'';
(ii) by striking ``and both,'';
(iii) by striking ``15'' and inserting ``25''; and
(iv) by striking ``30'' the second place it appears
and inserting ``35'';
(B) in section 2251A(a) and (b), by striking ``20'' and
inserting ``30'';
(C) in section 2252(b)(1)--
(i) by striking ``or imprisoned'' and inserting
``and imprisoned not less than 10 years and'';
(ii) by striking ``or both,''; and
(iii) by striking ``5'' and inserting ``15'';
(D) in section 2252(b)(2)--
(i) by striking ``or imprisoned'' and inserting
``and imprisoned not less than 5 years and'';
(ii) by striking ``or both,''; and
(iii) by striking ``2'' and inserting ``10'';
(E) in section 2252A(b)(1)--
(i) by striking ``or imprisoned'' and inserting
``and imprisoned not less than 10 years and'';
(ii) by striking ``or both,''; and
(iii) by striking ``5'' and inserting ``15''; and
(F) in section 2252A(b)(2)--
(i) by striking ``or imprisoned'' and inserting
``and imprisoned not less than 5 years and'';
(ii) by striking ``or both,''; and
(iii) by striking ``2'' and inserting ``10''.
(2) Chapter 117 of title 18, United States Code, is amended--
(A) in section 2422(a)--
(i) by striking ``or imprisoned'' and inserting
``and imprisoned not less than 2 years and''; and
(ii) by striking ``, or both'';
(B) in section 2422(b)--
(i) by striking ``, imprisoned'' and inserting
``and imprisoned not less than 5 years and''; and
(ii) by striking ``, or both''; and
(C) in section 2423(a)--
(i) by striking ``, imprisoned'' and inserting
``and imprisoned not less than 5 years and''; and
(ii) by striking ``, or both''.
SEC. 104. STRONGER PENALTIES AGAINST KIDNAPPING.
(a) Sentencing Guidelines.--Notwithstanding any other provision of
law regarding the amendment of Sentencing Guidelines, the United States
Sentencing Commission is directed to amend the Sentencing Guidelines,
to take effect on the date that is 30 days after the date of the
enactment of this Act--
(1) so that the base level for kidnapping in section
2A4.1(a) is increased from level 24 to level 32 (121-151
months);
(2) so as to delete section 2A4.1(b)(4)(C); and
(3) so that the increase provided by section 2A4.1(b)(5) is
6 levels instead of 3.
(b) Minimum Mandatory Sentence.--Section 1201(g) of title 18,
United States Code, is amended by striking ``shall be subject to
paragraph (2)'' in paragraph (1) and all that follows through paragraph
(2) and inserting ``shall include imprisonment for not less than 20
years.''.
SEC. 105. PENALTIES AGAINST SEX TOURISM.
(a) In General.--Section 2423 of title 18, United States Code, is
amended by striking subsection (b) and inserting the following:
``(b) Travel With Intent To Engage in Illicit Sexual Conduct.--A
person who travels in interstate commerce or travels into the United
States, or a United States citizen or an alien admitted for permanent
residence in the United States who travels in foreign commerce, for the
purpose of engaging in any illicit sexual conduct with another person
shall be fined under this title or imprisoned not more than 30 years,
or both.
``(c) Engaging in Illicit Sexual Conduct in Foreign Places.--Any
United States citizen or alien admitted for permanent residence who
travels in foreign commerce, and engages in any illicit sexual conduct
with another person shall be fined under this title or imprisoned not
more than 30 years, or both.
``(d) Ancillary Offenses.--Whoever arranges, induces, procures, or
facilitates the travel of a person knowing that such a person is
traveling in interstate commerce or foreign commerce for the purpose of
engaging in illicit sexual conduct shall be fined under this title,
imprisoned not more than 30 years, or both.
``(e) Attempt and Conspiracy.--Whoever attempts or conspires to
violate subsection (a), (b), (c), or (d) shall be punishable in the
same manner as a completed violation of that subsection.
``(f) Definition.--As used in this section, the term `illicit
sexual conduct' means (1) a sexual act (as defined in section 2246)
with a person that would be in violation of chapter 109A if the sexual
act occurred in the special maritime and territorial jurisdiction of
the United States; or (2) any commercial sex act (as defined in section
1591) with a person who has not attained the age of 18 years.
``(g) Defense.--In a prosecution under this section based on
illicit sexual conduct as defined in subsection (f)(2), it is a
defense, which the defendant must establish by a preponderance of the
evidence, that the defendant reasonably believed that the person with
whom the defendant engaged in the commercial sex act had attained the
age of 18 years.''.
(b) Conforming Amendment.--Section 2423(a) of title 18, United
States Code, is amended by striking ``or attempts to do so,''.
SEC. 106. TWO STRIKES YOU'RE OUT.
(a) In General.--Section 3559 of title 18, United States Code, is
amended by adding at the end the following new subsection:
``(e) Mandatory Life Imprisonment for Repeated Sex Offenses Against
Children.--
``(1) In general.--A person who is convicted of a Federal
sex offense in which a minor is the victim shall be sentenced
to life imprisonment if the person has a prior sex conviction
in which a minor was the victim, unless the sentence of death
is imposed.
``(2) Definitions.--For the purposes of this subsection--
``(A) the term `Federal sex offense' means--
``(i) an offense under section 2241
(relating to aggravated sexual abuse), 2242
(relating to sexual abuse), 2244(a)(1) or (2)
(relating to abusive sexual contact), 2245
(relating to sexual abuse resulting in death),
2251 (relating to sexual exploitation of
children), 2251A (relating to selling or buying
of children), or 2422(b) (relating to coercion
and enticement of a minor into prostitution);
or
``(ii) an offense under section 2423(a)
(relating to transportation of minors)
involving prostitution or sexual activity
constituting a State sex offense;
``(B) the term `State sex offense' means an offense
under State law that consists of conduct that would be
a Federal sex offense if, to the extent or in the
manner specified in the applicable provision of this
title--
``(i) the offense involved interstate or
foreign commerce, or the use of the mails; or
``(ii) the conduct occurred in any
commonwealth, territory, or possession of the
United States, within the special maritime and
territorial jurisdiction of the United States,
in a Federal prison, on any land or building
owned by, leased to, or otherwise used by or
under the control of the Government of the
United States, or in the Indian country (as
defined in section 1151);
``(C) the term `prior sex conviction' means a
conviction for which the sentence was imposed before
the conduct occurred constituting the subsequent
Federal sex offense, and which was for a Federal sex
offense or a State sex offense;
``(D) the term `minor' means an individual who has
not attained the age of 17 years; and
``(E) the term `State' has the meaning given that
term in subsection (c)(2).''.
(b) Conforming Amendment.--Sections 2247(a) and 2426(a) of title
18, United States Code, are each amended by inserting ``, unless
section 3559(e) applies'' before the final period.
SEC. 107. ATTEMPT LIABILITY FOR INTERNATIONAL PARENTAL KIDNAPPING.
Section 1204 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``, or attempts to do
so,'' before ``or retains''; and
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``or the Uniform
Child Custody Jurisdiction and Enforcement Act'' before
``and was''; and
(B) in paragraph (2), by inserting ``or'' after the
semicolon.
SEC. 108. MISLEADING DOMAIN NAMES ON THE INTERNET.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended by inserting after section 2252A the following:
``Sec. 2252B. Misleading domain names on the Internet
``(a) Whoever knowingly uses a misleading domain name with the
intent to deceive a person into viewing obscenity on the Internet shall
be fined under this title or imprisoned not more than 2 years, or both.
``(b) Whoever knowingly uses a misleading domain name with the
intent to deceive a minor into viewing material that is harmful to
minors on the Internet shall be fined under this title or imprisoned
not more than 4 years, or both.
``(c) For the purposes of this section, a domain name that includes
a word or words to indicate the sexual content of the site, such as
`sex' or `porn', is not misleading.
``(d) For the purposes of this section, the term `material that is
harmful to minors' means any communication that--
``(1) taken as a whole and with respect to minors, appeals
to a prurient interest in nudity, sex, or excretion;
``(2) depicts, describes, or represents, in a patently
offensive way with respect to what is suitable for minors, an
actual or simulated sexual act or sexual contact, actual or
simulated normal or perverted sexual acts, or a lewd exhibition
of the genitals; and
``(3) taken as a whole, lacks serious literary, artistic,
political, or scientific value as to minors.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 110 of title 18, United States Code, is amended by inserting
after the time relating to section 2252A the following new item:
``2252B. False or misleading domain names on the Internet.''.
SEC. 109. SENTENCING REFORM.
(a) Requirement To Specify in the Guidelines the Grounds Upon Which
Downward Departures May Be Granted.--Section 3553(b) of title 18,
United States Code, is amended to read as follows:
``(b) Application of Guidelines in Imposing a Sentence.--The court
shall impose a sentence of the kind, and within the range, referred to
in subsection (a)(4) unless the court finds that--
``(1) there exists an aggravating circumstance of a kind,
or to a degree, not adequately taken into consideration by the
Sentencing Commission in formulating the guidelines that should
result in a sentence different from that described; or
``(2) there exists a mitigating circumstance of a kind, or
to a degree, that--
``(A) has been affirmatively and specifically
identified as a permissible ground of downward
departure in the sentencing guidelines or policy
statements issued under section 994(a) of title 28,
United States Code, taking account of any amendments to
such sentencing guidelines or policy statements by act
of Congress;
``(B) has not adequately been taken into
consideration by the Sentencing Commission in
formulating the guidelines; and
``(C) should result in a sentence different from
that described.
In determining whether a circumstance was adequately taken into
consideration, the court shall consider only the sentencing guidelines,
policy statements, and official commentary of the Sentencing
Commission, together with any amendments thereto by act of Congress. In
the absence of an applicable sentencing guideline, the court shall
impose an appropriate sentence, having due regard for the purposes set
forth in subsection (a)(2). In the absence of an applicable sentencing
guideline in the case of an offense other than a petty offense, the
court shall also have due regard for the relationship of the sentence
imposed to sentences prescribed by guidelines applicable to similar
offenses and offenders, and to the applicable policy statements of the
Sentencing Commission, together with any amendments to such guidelines
or policy statements by act of Congress.''.
(b) Reform of Existing Permissible Grounds of Downward
Departures.--Subject to subsection (j), the Guidelines Manual
promulgated by the Sentencing Commission pursuant to section 994(a) of
title 28, United States Code, is amended as follows:
(1) Section 5K2.0 is amended as follows:
(A) Strike the first and second paragraphs of the
Commentary to section 5K2.0 in their entireties.
(B) Strike ``departure'' every place it appears and
insert ``upward departure''.
(C) Strike ``depart'' every place it appears and
insert ``depart upward''.
(D) In the first sentence of section 5K2.0--
(i) strike ``outside'' and insert
``above'';
(ii) strike ``or mitigating''; and
(iii) strike ``Under'' and insert:
``(a) Upward Departures.--
Under''.
(E) In the last sentence of the first paragraph of
section 5K2.0, strike ``or excessive''.
(F) Immediately before the Commentary to section
5K2.0, insert the following:
``(b) Downward Departures.--
``Under 18 U.S.C. Sec. 3553(b)(2), the sentencing court may impose a
sentence below the range established by the applicable guidelines only
if the court finds that there exists a mitigating circumstance of a
kind, or to a degree, that--
``(1) has been affirmatively and specifically identified as a
permissible ground of downward departure in the sentencing
guidelines or policy statements issued under section 994(a) of
title 28, United States Code, taking account of any amendments
to such sentencing guidelines or policy statements by act of
Congress;
``(2) has not adequately been taken into consideration by the
Sentencing Commission in formulating the guidelines; and
``(3) should result in a sentence different from that
described.
The grounds enumerated in this Part K of chapter 5 are the sole grounds
that have been affirmatively and specifically identified as a
permissible ground of downward departure in these sentencing guidelines
and policy statements. Thus, notwithstanding any other reference to
authority to depart downward elsewhere in this Sentencing Manual, a
ground of downward departure has not been affirmatively and
specifically identified as a permissible ground of downward departure
within the meaning of section 3553(b)(2) unless it is expressly
enumerated in this Part K as a ground upon which a downward departure
may be granted.''.
(2) At the end of part K of chapter 5, add the following
new sections:
``Sec. 5K2.22 Specific Offender Characteristics as Grounds for Downward
Departure (Policy Statement)
``Age may be a reason to impose a sentence below the applicable
guideline range only if and to the extent permitted by Sec. 5H1.1.
``An extraordinary physical impairment may be a reason to impose a
sentence below the applicable guideline range only if and to the extent
permitted by Sec. 5H1.4. Drug, alcohol, or gambling dependence or abuse
is not a reason for imposing a sentence below the guidelines.
``Sec. 5K2.23 Early Disposition Programs as a Ground for Downward
Departure (Policy Statement)
``Upon motion of the government stating that:
``(1) due to extraordinary resource constraints, not typical of
most districts, associated with the disproportionately high
incidence of illegal reentry or other specific offenses within
a particular district, the Attorney General has formally
certified that the district is authorized to implement an early
disposition program with respect to those specific categories
of offenses;
``(2) pursuant to such specific authorization, the United
States Attorney for the district has implemented such an early
disposition program with respect to the category of offense for
which the defendant has been convicted;
``(3) pursuant to such an early disposition program, the
defendant, within 30 days of his or her first appearance before
a judicial officer in connection with such a charge, entered
into a plea agreement whereby he or she agrees, inter alia--
``(A) not to file any of the motions described in
Federal Rule of Criminal Procedure 12(b)(3);
``(B) to waive appeal;
``(C) to waive the opportunity to pursue collateral
relief under 28 U.S.C. Sec. Sec. 2254 and 2555,
including ineffective assistance of counsel claims; and
``(D) if an alien, to submit to uncontested removal
from the United States upon completion of any sentence
of imprisonment;
``(4) the plea agreement contemplates that the government will
move for a downward departure based on the defendant's prompt
agreement to enter into such an early disposition plea
agreement; and
``(5) the defendant has fully satisfied the conditions of such
plea agreement,
then, if the court finds that these conditions have been met and also
finds that the defendant has received the maximum adjustment for which
he is eligible (given his offense level) under Sec. 3E1.1, the court
may depart downward from the guidelines under this section only to the
extent agreed to by the parties in the plea agreement, which in no
event shall exceed 4 levels.
``Commentary
``Several districts, particularly on the southwest border, have
early disposition programs that allow them to process very large
numbers of cases with relatively limited resources. Such programs are
based on the premise that a defendant who promptly agrees to
participate in such a program has saved the government significant and
scarce resources that can be used in prosecuting other defendants and
has demonstrated an acceptance of responsibility above and beyond what
is already taken into account by the adjustments contained in
Sec. 3E1.1. This section preserves the authority to grant limited
departures pursuant to such programs. In order to avoid unwarranted
sentencing disparities within a given district, any departure under
this section must be pursuant to a formal program that is approved by
the United States Attorney and that applies generally to a specified
class of offenders. Authorization for the district to establish an
early disposition program must also have been specifically conferred by
the Attorney General, and may be granted only with respect to those
particular classes of offenses (such as illegal reentry) whose high
incidence within the district has imposed an extraordinary strain on
the resources of that district as compared to other districts. To be
eligible for the departure, the plea agreement under the program must
reflect that the defendant has agreed to an expeditious plea, as
described. A defendant who has not received any adjustment for
acceptance of responsibility under Sec. 3E1.1 cannot receive a
departure under this provision. A defendant whose offense level makes
him eligible for the additional adjustment under Sec. 3E1.1(b), but
who fails to satisfy the requirements for such an adjustment, is
likewise ineligible for a departure under this provision. This section
does not confer authority to depart downward on an ad hoc basis in
individual cases. Moreover, because the Government's affirmative
acquiescence is essential to the fair and efficient operation of an
early disposition program, a departure under this section may only be
granted upon a formal motion by the Government at the time of
sentencing. Nothing in this section authorizes a sentence below a
statutory mandatory minimum.''.
(3) Section 5K2.20 is deleted.
(4) Section 5H1.6 and section 5H1.11 are each amended by
striking ``ordinarily'' every place it appears.-
(5) Section 5K2.13 is amended by--
(A) striking ``or'' before ``(3)''; and
(B) replacing ``public'' with ``public; or (4) the
defendant has been convicted of an offense under
chapter 71, 109A, 110, or 117 of title 18, United
States Code.''.
(c) Statement of Reasons for Imposing a Sentence.--Section 3553(c)
of title 18, United States Code, is amended--
(1) by striking ``described.'' and inserting ``described,
which reasons must also be stated with specificity in the
written order of judgment and commitment, except to the extent
that the court relies upon statements received in camera in
accordance with Federal Rule of Criminal Procedure 32. In the
event that the court relies upon statements received in camera
in accordance with Federal Rule of Criminal Procedure 32 the
court shall state that such statements were so received and
that it relied upon the content of such statements.'';
(2) by inserting ``, together with the order of judgment
and commitment,'' after ``the court's statement of reasons'';
and
(3) by inserting ``and to the Sentencing Commission,''
after ``to the Probation System''.
(d) Review of a Sentence.--
(1) Review of departures.--Section 3742(e)(3) of title 18,
United States Code, is amended to read as follows:
``(3) is outside the applicable guideline range, and
``(A) the district court failed to provide the
written statement of reasons required by section
3553(c);
``(B) the sentence departs from the applicable
guideline range based on a factor that--
``(i) does not advance the objectives set
forth in section 3553(a)(2); or
``(ii) is not authorized under section
3553(b); or
``(iii) is not justified by the facts of
the case; or
``(C) the sentence departs to an unreasonable
degree from the applicable guidelines range, having
regard for the factors to be considered in imposing a
sentence, as set forth in section 3553(a) of this title
and the reasons for the imposition of the particular
sentence, as stated by the district court pursuant to
the provisions of section 3553(c); or''.
(2) Standard of review.--The last paragraph of section
3742(e) of title 18, United States Code, is amended by striking
``shall give due deference to the district court's application
of the guidelines to the facts'' and inserting ``, except with
respect to determinations under subsection (3)(A) or (3)(B),
shall give due deference to the district court's application of
the guidelines to the facts. With respect to determinations
under subsection (3)(A) or (3)(B), the court of appeals shall
review de novo the district court's application of the
guidelines to the facts''.
(3) Decision and disposition.--
(A) The first paragraph of section 3742(f) of title
18, United States Code, is amended by striking ``the
sentence'';
(B) Section 3742(f)(1) of title 18, United States
Code, is amended by inserting ``the sentence'' before
``was imposed'';
(C) Section 3742(f)(2) of title 18, United States
Code, is amended to read as follows:
``(2) the sentence is outside the applicable guideline
range and the district court failed to provide the required
statement of reasons in the order of judgment and commitment,
or the departure is based on an impermissible factor, or is to
an unreasonable degree, or the sentence was imposed for an
offense for which there is no applicable sentencing guideline
and is plainly unreasonable, it shall state specific reasons
for its conclusions and--
``(A) if it determines that the sentence is too
high and the appeal has been filed under subsection
(a), it shall set aside the sentence and remand the
case for further sentencing proceedings with such
instructions as the court considers appropriate,
subject to subsection (g);
``(B) if it determines that the sentence is too low
and the appeal has been filed under subsection (b), it
shall set aside the sentence and remand the case for
further sentencing proceedings with such instructions
as the court considers appropriate, subject to
subsection (g);''; and
(D) Section 3742(f)(3) of title 18, United States
Code, is amended by inserting ``the sentence'' before
``is not described''.
(e) Imposition of Sentence Upon Remand.--Section 3742 of title 18,
United States Code, is amended by redesignating subsections (g) and (h)
as subsections (h) and (i) and by inserting the following after
subsection (f):
``(g) Sentencing Upon Remand.--A district court to which a case is
remanded pursuant to subsection (f)(1) or (f)(2) shall resentence a
defendant in accordance with section 3553 and with such instructions as
may have been given by the court of appeals, except that--
``(1) In determining the range referred to in subsection
3553(a)(4), the court shall apply the guidelines issued by the
Sentencing Commission pursuant to section 994(a)(1) of title
28, United States Code, and that were in effect on the date of
the previous sentencing of the defendant prior to the appeal,
together with any amendments thereto by any act of Congress
that was in effect on such date; and
``(2) The court shall not impose a sentence outside the
applicable guidelines range except upon a ground that--
``(A) was specifically and affirmatively included
in the written statement of reasons required by section
3553(c) in connection with the previous sentencing of
the defendant prior to the appeal; and
``(B) was held by the court of appeals, in
remanding the case, to be a permissible ground of
departure.''.
(f) Definitions.--Section 3742 of title 18, United States Code, as
amended by subsection (e), is further amended by adding at the end the
following:
``(j) Definitions.--For purposes of this section--
``(1) a factor is a `permissible' ground of departure if
it--
``(A) advances the objectives set forth in section
3553(a)(2); and
``(B) is authorized under section 3553(b); and
``(C) is justified by the facts of the case; and
``(2) a factor is an `impermissible' ground of departure if
it is not a permissible factor within the meaning of subsection
(j)(1).''.
(g) Reform of Guidelines Governing Acceptance of Responsibility.--
Subject to subsection (j), the Guidelines Manual promulgated by the
Sentencing Commission pursuant to section 994(a) of title 28, United
States Code, is amended--
(1) in section 3E1.1(b)--
(A) by inserting ``upon motion of the government
stating that'' immediately before ``the defendant has
assisted authorities''; and
(B) by striking ``taking one or more'' and all that
follows through and including ``additional level'' and
insert ``timely notifying authorities of his intention
to enter a plea of guilty, thereby permitting the
government to avoid preparing for trial and permitting
the government and the court to allocate their
resources efficiently, decrease the offense level by 1
additional level'';
(2) in the Application Notes to the Commentary to section
3E1.1, by amending Application Note 6--
(A) by striking ``one or both of''; and
(B) by adding the following new sentence at the
end: ``Because the Government is in the best position
to determine whether the defendant has assisted
authorities in a manner that avoids preparing for
trial, an adjustment under subsection (b)(2) may only
be granted upon a formal motion by the Government at
the time of sentencing.''; and
(3) in the Background to section 3E1.1, by striking ``one
or more of''.
(h) Improved Data Collection.--Section 994(w) of title 28, United
States Code, is amended to read as follows:
``(w)(1)The Chief Judge of each district court shall ensure that,
within 30 days following entry of judgment in every criminal case, the
sentencing court submits to the Commission a written report of the
sentence, the offense for which it is imposed, the age, race, sex of
the offender, and information regarding factors made relevant by the
guidelines. The report shall also include--
``(A) the judgment and commitment order;
``(B) the statement of reasons for the sentence imposed
(which shall include the reason for any departure from the
otherwise applicable guideline range);
``(C) any plea agreement;
``(D) the indictment or other charging document;
``(E) the presentence report; and
``(F) any other information as the Commission finds
appropriate.
``(2) The Commission shall, upon request, make available to
the House and Senate Committees on the Judiciary, the written
reports and all underlying records accompanying those reports
described in this section, as well as other records received
from courts.
``(3) The Commission shall submit to Congress at least
annually an analysis of these documents, any recommendations
for legislation that the Commission concludes is warranted by
that analysis, and an accounting of those districts that the
Commission believes have not submitted the appropriate
information and documents required by this section.''.
(i) Sentencing Guidelines Amendments.--(1) Subject to subsection
(j), the Guidelines Manual promulgated by the Sentencing Commission
pursuant to section 994(a) of title 28, United States Code, is amended
as follows:
(A) Application Note 4(b)(i) to section 4B1.5 is amended to
read as follows:
``(i) In general.--For purposes of
subsection (b), the defendant engaged in a
pattern of activity involving prohibited sexual
conduct if on at least two separate occasions,
the defendant engaged in prohibited sexual
conduct with a minor.''.
(B) Section 2G2.4(b) is amended by adding at the end the
following:
``(4) If the offense involved material that portrays
sadistic or masochistic conduct or other depictions of
violence, increase by 4 levels.
``(5) If the offense involved--
``(A) at least 10 images, but fewer than 150,
increase by 2 levels;
``(B) at least 150 images, but fewer than 300,
increase by 3 levels;
``(C) at least 300 images, but fewer than 600,
increase by 4 levels; and
``(D) 600 or more images, increase by 5 levels.''.
(C) Section 2G2.2(b) is amended by adding at the end the
following:
``(6) If the offense involved--
``(A) at least 10 images, but fewer than 150,
increase by 2 levels;
``(B) at least 150 images, but fewer than 300,
increase by 3 levels;
``(C) at least 300 images, but fewer than 600,
increase by 4 levels; and
``(D) 600 or more images, increase by 5 levels.''.
(2) The Sentencing Commission shall amend the Sentencing Guidelines
to ensure that the Guidelines adequately reflect the seriousness of the
offenses under sections 2243(b), 2244(a)(4), and 2244(b) of title 18,
United States Code.
(j) Conforming Amendments.--
(1) Upon enactment of this Act, the Sentencing Commission
shall forthwith distribute to all courts of the United States
and to the United States Probation System the amendments made
by subsections (b), (g), and (i) of this section to the
sentencing guidelines, policy statements, and official
commentary of the Sentencing Commission. These amendments shall
take effect upon the date of enactment of this Act, in
accordance with paragraph (5).
(2) On or before May 1, 2005, the Sentencing Commission
shall not promulgate any amendment to the sentencing
guidelines, policy statements, or official commentary of the
Sentencing Commission that is inconsistent with any amendment
made by subsection (b) or that adds any new grounds of downward
departure to Part K of chapter 5. At no time may the Commission
promulgate any amendment that would alter or repeal section
5K2.23 of the Federal Sentencing Guidelines Manual, as added by
subsection (b).
(3) With respect to cases covered by the amendments made by
subsection (i) of this section, the Sentencing Commission may
make further amendments to the sentencing guidelines, policy
statements, or official commentary of the Sentencing
Commission, except the Commission shall not promulgate any
amendments that, with respect to such cases, would result in
sentencing ranges that are lower than those that would have
applied under such subsections.
(4) At no time may the Commission promulgate any amendment
that would alter or repeal the amendments made by subsection
(g) of this section.
(5) Section 3553(a) of title 18, United States Code, is
amended--
(A) by amending paragraph (4)(A) to read as
follows:
``(A) the applicable category of offense committed
by the applicable category of defendant as set forth in
the guidelines--
``(i) issued by the Sentencing Commission
pursuant to section 994(a)(1) of title 28,
United States Code, subject to any amendments
made to such guidelines by act of Congress
(regardless of whether such amendments have yet
to be incorporated by the Sentencing Commission
into amendments issued under section 994(p) of
title 28); and
``(ii) that, except as provided in section
3742(g), are in effect on the date the
defendant is sentenced; or'';
(B) in paragraph (4)(B), by inserting ``, taking
into account any amendments made to such guidelines or
policy statements by act of Congress (regardless of
whether such amendments have yet to be incorporated by
the Sentencing Commission into amendments issued under
section 994(p) of title 28)'' after ``Code'';
(C) by amending paragraph (5) to read as follows:
``(5) any pertinent policy statement--
``(A) issued by the Sentencing Commission pursuant
to section 994(a)(1) of title 28, United States Code,
subject to any amendments made to such policy statement
by act of Congress (regardless of whether such
amendments have yet to be incorporated by the
Sentencing Commission into amendments issued under
section 994(p) of title 28); and
``(B) that, except as provided in section 3742(g),
is in effect on the date the defendant is sentenced.''.
(k) Compliance With Statute.--Section 994(a) of title 28, United
States Code, is amended by striking ``consistent with all provisions of
this title and title 18, United States Code,'' and inserting
``consistent with all pertinent provisions of any Federal statute''.
(l) Report by the Attorney General.--
(1) Not later than 15 days after a district court's grant
of a downward departure in any case, other than a case
involving a downward departure for substantial assistance to
authorities pursuant to section 5K1.1 of the Sentencing
Guidelines, the Attorney General shall report to the House and
Senate Committees on the Judiciary, setting forth the case, the
facts involved, the identity of the district court judge, the
district court's stated reasons, whether or not the court
provided the United States with advance notice of its intention
to depart, the position of the parties with respect to the
downward departure, whether or not the United States has filed,
or intends to file, a motion for reconsideration; whether or
not the defendant has filed a notice of appeal concerning any
aspect of the case, and whether or not the United States has
filed, or intends to file, a notice of appeal of the departure
pursuant to section 3742 of the title 18, United States Code.
(2) In any such case, the Attorney General shall thereafter
report to the House and Senate Committees on the Judiciary not
later than 5 days after a decision by the Solicitor General
whether or not to authorize an appeal of the departure,
informing the committees of the decision and the basis for it.
TITLE II--INVESTIGATIONS AND PROSECUTIONS
Subtitle A--Law Enforcement Tools To Protect Children
SEC. 201. INTERCEPTIONS OF COMMUNICATIONS IN INVESTIGATIONS OF SEX
OFFENSES.
(a) In General.--Section 2516(1) of title 18, United States Code,
is amended--
(1) in paragraph (a), by inserting after ``chapter 37
(relating to espionage),'' the following: ``chapter 55
(relating to kidnapping),''; and
(2) in paragraph (c)--
(A) by inserting ``1591 (sex trafficking),'' before
``section 1751'';
(B) by striking ``2251 and 2252 (sexual
exploitation of children)'' and inserting ``2251,
2251A, 2252, 2252A, and 2260 (sexual exploitation of
children)''; and
(C) by inserting ``sections 2421, 2422, 2423, and
2425 (transportation for illegal sexual activity and
related crimes),'' before ``section 1029''.
(b) Transportation for Illegal Sexual Activity.--Section 2516(1) of
title 18, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (q);
(2) by inserting after paragraph (q) the following:
``(r) a violation of section 2422 (relating to coercion and
enticement) and section 2423(a) (relating to transportation of
minors) of this title, if, in connection with that violation,
the intended sexual activity would constitute a felony
violation of chapter 109A or 110, including a felony violation
of chapter 109A or 110 if the sexual activity occurred, or was
intended to occur, within the special maritime and territorial
jurisdiction of the United States, regardless of where it
actually occurred or was intended to occur; or''; and
(3) by redesignating paragraph (r) as paragraph (s).
SEC. 202. NO STATUTE OF LIMITATIONS FOR CHILD ABDUCTION AND SEX CRIMES.
(a) In General.--(1) Chapter 213 of title 18, United States Code,
is amended by adding at the end the following new section:
``Sec. 3297. Child abduction and sex offenses
``Notwithstanding any other provision of law, an indictment may be
found or an information instituted at any time without limitation for
any offense under section 1201 involving a minor victim, and for any
felony under section 1591, 2241, 2242, 2244(a)(1), 2244(a)(2), 2251,
2251A, 2252, 2252A, 2260, 2421, 2422, 2423, or 2425.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``3297. Child abduction and sex offenses.''.
(b) Application.--The amendments made by this section shall apply
to the prosecution of any offense committed before, on, or after the
date of the enactment of this section.
Subtitle B--No Pretrial Release for Those Who Rape or Kidnap Children
SEC. 221. NO PRETRIAL RELEASE FOR THOSE WHO RAPE OR KIDNAP CHILDREN.
Section 3142(e) of title 18, United States Code, is amended by
striking ``or 2332b'' and inserting ``1201, 1591, 2241, 2242,
2244(a)(1), 2242(a)(2), 2251, 2251A, 2252, 2252A, 2260, 2332b, 2421,
2422, 2423, or 2425''.
SEC. 222. INFORMATION AND DOCUMENTATION REQUIRED BY ATTORNEY GENERAL
UNDER VICTIMS OF CHILD ABUSE ACT OF 1990.
(a) Regional Children's Advocacy Centers.--
(1) In general.--Section 213 of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13001b) is amended--
(A) in subsection (b)(2)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(C) provide such information and documentation as
the Attorney General shall require on an annual basis
regarding the use of such funds for purposes of
evaluation of the effect of grants on the community
response to child abuse.''; and
(B) in subsection (d)(3)(A), by inserting after
``activities'' the following: ``or substantially fails
to provide information or documentation required by the
Attorney General''.
(2) Clerical amendments.--Such section is further amended--
(A) in subsection (c)(4)--
(i) by striking ``and'' at the end of
subparagraph (B)(ii);
(ii) in subparagraph (B)(iii), by striking
``Board'' and inserting ``board''; and
(iii) by redesignating subparagraphs (C)
and (D) as clauses (iv) and (v), respectively,
of subparagraph (B), and by realigning such
clauses so as to have the same indentation as
the preceding clauses of subparagraph (B);
(B) in subsection (e), by striking ``Board'' in
each of paragraphs (1)(B)(ii), (2)(A), and (3), and
inserting ``board''.
(b) Local Children's Advocacy Centers.--Section 214 of that Act (42
U.S.C. 13002) is amended in subsection (b)(2)(J) by inserting before
the period at the end the following: ``, including such information and
documentation as the Attorney General shall require on an annual basis
regarding the use of such funds for purposes of evaluation of the
effect of grants on the community response to child abuse.''.
(c) Grants for Specialized Technical Assistance and Training
Programs.--Section 214A of such Act (42 U.S.C. 13003) is amended in
subsection (c) by adding at the end the following new paragraph:
``(3) Any recipient of a grant under this section shall
provide such information and documentation as the Attorney
General shall require on an annual basis regarding the use of
such funds for purposes of evaluation of the effect of grants
on the community response to child abuse.''.
(d) Authorization of Appropriations.--The text of section 214B of
such Act (42 U.S.C. 13004) is amended to read as follows:
``(a) Sections 213 and 214.--There are authorized to be
appropriated to carry out sections 213 and 214, $15,000,000 for each of
fiscal years 2004 and 2005.
``(b) Section 214A.--There are authorized to be appropriated to
carry out section 214A, $5,000,000 for each of fiscal years 2004 and
2005.''.
Subtitle C--No Waiting Period To Report Missing Children ``Suzanne's
Law''
SEC. 241. AMENDMENT.
Section 3701(a) of the Crime Control Act of 1990 (42 U.S.C.
5779(a)) is amended by striking ``age of 18'' and inserting ``age of
21''.
TITLE III--PUBLIC OUTREACH
SEC. 301. NATIONAL COORDINATION OF AMBER ALERT COMMUNICATIONS NETWORK.
(a) Coordination Within Department of Justice.--The Attorney
General shall assign an officer of the Department of Justice to act as
the national coordinator of the AMBER Alert communications network
regarding abducted children. The officer so designated shall be known
as the AMBER Alert Coordinator of the Department of Justice.
(b) Duties.--In acting as the national coordinator of the AMBER
Alert communications network, the Coordinator shall--
(1) seek to eliminate gaps in the network, including gaps
in areas of interstate travel;
(2) work with States to encourage the development of
additional elements (known as local AMBER plans) in the
network;
(3) work with States to ensure appropriate regional
coordination of various elements of the network; and
(4) act as the nationwide point of contact for--
(A) the development of the network; and
(B) regional coordination of alerts on abducted
children through the network.
(c) Consultation With Federal Bureau of Investigation.--In carrying
out duties under subsection (b), the Coordinator shall notify and
consult with the Director of the Federal Bureau of Investigation
concerning each child abduction for which an alert is issued through
the AMBER Alert communications network.
(d) Cooperation.--The Coordinator shall cooperate with the
Secretary of Transportation and the Federal Communications Commission
in carrying out activities under this section.
(e) Report.--Not later than March 1, 2005, the Coordinator shall
submit to Congress a report on the activities of the Coordinator and
the effectiveness and status of the AMBER plans of each State that has
implemented such a plan. The Coordinator shall prepare the report in
consultation with the Secretary of Transportation.
SEC. 302. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF ALERTS
THROUGH AMBER ALERT COMMUNICATIONS NETWORK.
(a) Establishment of Minimum Standards.--Subject to subsection (b),
the AMBER Alert Coordinator of the Department of Justice shall
establish minimum standards for--
(1) the issuance of alerts through the AMBER Alert
communications network; and
(2) the extent of the dissemination of alerts issued
through the network.
(b) Limitations.--(1) The minimum standards established under
subsection (a) shall be adoptable on a voluntary basis only.
(2) The minimum standards shall, to the maximum extent practicable
(as determined by the Coordinator in consultation with State and local
law enforcement agencies), provide that appropriate information
relating to the special needs of an abducted child (including health
care needs) are disseminated to the appropriate law enforcement, public
health, and other public officials.
(3) The minimum standards shall, to the maximum extent practicable
(as determined by the Coordinator in consultation with State and local
law enforcement agencies), provide that the dissemination of an alert
through the AMBER Alert communications network be limited to the
geographic areas most likely to facilitate the recovery of the abducted
child concerned.
(4) In carrying out activities under subsection (a), the
Coordinator may not interfere with the current system of voluntary
coordination between local broadcasters and State and local law
enforcement agencies for purposes of the AMBER Alert communications
network.
(c) Cooperation.--(1) The Coordinator shall cooperate with the
Secretary of Transportation and the Federal Communications Commission
in carrying out activities under this section.
(2) The Coordinator shall also cooperate with local broadcasters
and State and local law enforcement agencies in establishing minimum
standards under this section.
SEC. 303. GRANT PROGRAM FOR NOTIFICATION AND COMMUNICATIONS SYSTEMS
ALONG HIGHWAYS FOR RECOVERY OF ABDUCTED CHILDREN.
(a) Program Required.--The Secretary of Transportation shall carry
out a program to provide grants to States for the development or
enhancement of notification or communications systems along highways
for alerts and other information for the recovery of abducted children.
(b) Development Grants.--
(1) In general.--The Secretary may make a grant to a State
under this subsection for the development of a State program
for the use of changeable message signs or other motorist
information systems to notify motorists about abductions of
children. The State program shall provide for the planning,
coordination, and design of systems, protocols, and message
sets that support the coordination and communication necessary
to notify motorists about abductions of children.
(2) Eligible activities.--A grant under this subsection may
be used by a State for the following purposes:
(A) To develop general policies and procedures to
guide the use of changeable message signs or other
motorist information systems to notify motorists about
abductions of children.
(B) To develop guidance or policies on the content
and format of alert messages to be conveyed on
changeable message signs or other traveler information
systems.
(C) To coordinate State, regional, and local plans
for the use of changeable message signs or other
transportation related issues.
(D) To plan secure and reliable communications
systems and protocols among public safety and
transportation agencies or modify existing
communications systems to support the notification of
motorists about abductions of children.
(E) To plan and design improved systems for
communicating with motorists, including the capability
for issuing wide area alerts to motorists.
(F) To plan systems and protocols to facilitate the
efficient issuance of child abduction notification and
other key information to motorists during off-hours.
(G) To provide training and guidance to
transportation authorities to facilitate appropriate
use of changeable message signs and other traveler
information systems for the notification of motorists
about abductions of children.
(c) Implementation Grants.--
(1) In general.--The Secretary may make a grant to a State
under this subsection for the implementation of a program for
the use of changeable message signs or other motorist
information systems to notify motorists about abductions of
children. A State shall be eligible for a grant under this
subsection if the Secretary determines that the State has
developed a State program in accordance with subsection (b).
(2) Eligible activities.--A grant under this subsection may
be used by a State to support the implementation of systems
that use changeable message signs or other motorist information
systems to notify motorists about abductions of children. Such
support may include the purchase and installation of changeable
message signs or other motorist information systems to notify
motorists about abductions of children.
(d) Federal Share.--The Federal share of the cost of any activities
funded by a grant under this section may not exceed 80 percent.
(e) Distribution of Grant Amounts.--The Secretary shall, to the
maximum extent practicable, distribute grants under this section
equally among the States that apply for a grant under this section
within the time period prescribed by the Secretary.
(f) Administration.--The Secretary shall prescribe requirements,
including application requirements, for the receipt of grants under
this section.
(g) Definition.--In this section, the term ``State'' means any of
the 50 States, the District of Columbia, or Puerto Rico.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $20,000,000 for
fiscal year 2004. Such amounts shall remain available until expended.
(i) Study of State Programs.--
(1) Study.--The Secretary shall conduct a study to examine
State barriers to the adoption and implementation of State
programs for the use of communications systems along highways
for alerts and other information for the recovery of abducted
children.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study, together with any
recommendations the Secretary determines appropriate.
SEC. 304. GRANT PROGRAM FOR SUPPORT OF AMBER ALERT COMMUNICATIONS
PLANS.
(a) Program Required.--The Attorney General shall carry out a
program to provide grants to States for the development or enhancement
of programs and activities for the support of AMBER Alert
communications plans.
(b) Activities.--Activities funded by grants under the program
under subsection (a) may include--
(1) the development and implementation of education and
training programs, and associated materials, relating to AMBER
Alert communications plans;
(2) the development and implementation of law enforcement
programs, and associated equipment, relating to AMBER Alert
communications plans;
(3) the development and implementation of new technologies
to improve AMBER Alert communications; and
(4) such other activities as the Attorney General considers
appropriate for supporting the AMBER Alert communications
program.
(c) Federal Share.--The Federal share of the cost of any activities
funded by a grant under the program under subsection (a) may not exceed
50 percent.
(d) Distribution of Grant Amounts on Geographic Basis.--The
Attorney General shall, to the maximum extent practicable, ensure the
distribution of grants under the program under subsection (a) on an
equitable basis throughout the various regions of the United States.
(e) Administration.--The Attorney General shall prescribe
requirements, including application requirements, for grants under the
program under subsection (a).
(f) Authorization of Appropriations.--(1) There is authorized to be
appropriated for the Department of Justice $5,000,000 for fiscal year
2004 to carry out this section and, in addition, $5,000,000 for fiscal
year 2004 to carry out subsection (b)(3).
(2) Amounts appropriated pursuant to the authorization of
appropriations in paragraph (1) shall remain available until expended.
SEC. 305. INCREASED SUPPORT.
Section 404(b)(2) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5773(b)(2)) is amended by inserting
``and $20,000,000 for each of fiscal years 2004 and 2005'' after ``and
2003''.
SEC. 306. SEX OFFENDER APPREHENSION PROGRAM.
Section 1701(d) of part Q of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended--
(1) by redesignating paragraphs (10) and (11) as (11) and
(12), respectively; and
(2) by inserting after paragraph (9) the following:
``(10) assist a State in enforcing a law throughout the
State which requires that a convicted sex offender register his
or her address with a State or local law enforcement agency and
be subject to criminal prosecution for failure to comply;''.
SEC. 307. FEASIBILITY STUDY FOR A SYSTEM OF BACKGROUND CHECKS FOR
VOLUNTEERS.
(a) Study Required.--The Attorney General shall conduct a
feasibility study within 120 days after the date of the enactment of
this Act. The study shall examine, to the extent discernible, the
following:
(1) The current state of fingerprint capture and processing
at the State and local level, including the current available
infrastructure, State system capacities, and the time for each
State to process a civil or volunteer print from the time of
capture to submission to the Federal Bureau of Investigation
(FBI).
(2) The intent of the States concerning participation in a
nationwide system of criminal background checks to provide
information to qualified entities.
(3) The number of volunteers, employees, and other
individuals that would require a fingerprint based criminal
background check.
(4) The impact on the FBI's Integrated Automated
Fingerprint Identification System (IAFIS) in terms of capacity
and impact on other users of the system, including the effect
on FBI work practices and staffing levels.
(5) The current fees charged by the FBI, States and local
agencies, and private companies to process fingerprints.
(6) The existence of ``model'' or best practice programs
which could easily be expanded and duplicated in other States.
(7) The extent to which private companies are currently
performing background checks and the possibility of using
private companies in the future to perform any of the
background check process, including, but not limited to, the
capture and transmission of fingerprints and fitness
determinations.
(8) The cost of development and operation of the technology
and the infrastructure necessary to establish a nationwide
fingerprint based and other criminal background check system.
(9) Any other information deemed relevant by the Department
of Justice.
(b) Report.--Based on the findings of the feasibility study, the
Attorney General shall, not later than 120 days after the date of the
enactment of this Act, submit to Congress a report, including
recommendations, which may include a proposal for grants to the States
to develop or improve programs to collect fingerprints and perform
background checks on individuals that seek to volunteer with
organizations that work with children, the elderly, or the disabled.
SEC. 308. FORENSIC AND INVESTIGATIVE SUPPORT OF MISSING AND EXPLOITED
CHILDREN.
Section 3056 of title 18, United States Code, is amended by adding
at the end the following:
``(f) Under the direction of the Secretary of the Treasury,
officers and agents of the Secret Service are authorized, at the
request of any State or local law enforcement agency, or at the request
of the National Center for Missing and Exploited Children, to provide
forensic and investigative assistance in support of any investigation
involving missing or exploited children.''.
TITLE IV--MISSING CHILDREN PROCEDURES IN PUBLIC BUILDINGS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Code Adam Act''.
SEC. 402. DEFINITIONS.
In this title, the following definitions apply:
(1) Child.--The term ``child'' means an individual who is
17 years of age or younger.
(2) Code adam alert.--The term ``Code Adam alert'' means a
set of procedures used in public buildings to alert employees
and other users of the building that a child is missing.
(3) Designated authority.--The term ``designated
authority'' means--
(A) with respect to a public building owned or
leased for use by an Executive agency--
(i) except as otherwise provided in this
paragraph, the Administrator of General
Services;
(ii) in the case of the John F. Kennedy
Center for the Performing Arts, the Board of
Trustees of the John F. Kennedy Center for the
Performing Arts;
(iii) in the case of buildings under the
jurisdiction, custody, and control of the
Smithsonian Institution, the Board of Regents
of the Smithsonian Institution; or
(iv) in the case of another public building
for which an Executive agency has, by specific
or general statutory authority, jurisdiction,
custody, and control over the building, the
head of that agency;
(B) with respect to a public building owned or
leased for use by an establishment in the judicial
branch of government, the Administrative Office of the
United States Courts; and
(C) with respect to a public building owned or
leased for use by an establishment in the legislative
branch of government, the Capitol Police Board.
(4) Executive agency.--The term ``Executive agency'' has
the same meaning such term has under section 105 of title 5,
United States Code.
(5) Federal agency.--The term ``Federal agency'' means any
Executive agency or any establishment in the legislative or
judicial branches of the Government.
(6) Public building.--The term ``public building'' means
any building (or portion thereof) owned or leased for use by a
Federal agency.
SEC. 403. PROCEDURES IN PUBLIC BUILDINGS REGARDING A MISSING OR LOST
CHILD.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the designated authority for a public building
shall establish procedures for locating a child that is missing in the
building.
(b) Notification and Search Procedures.--Procedures established
under this section shall provide, at a minimum, for the following:
(1) Notifying security personnel that a child is missing.
(2) Obtaining a detailed description of the child,
including name, age, eye and hair color, height, weight,
clothing, and shoes.
(3) Issuing a Code Adam alert and providing a description
of the child, using a fast and effective means of
communication.
(4) Establishing a central point of contact.
(5) Monitoring all points of egress from the building while
a Code Adam alert is in effect.
(6) Conducting a thorough search of the building.
(7) Contacting local law enforcement.
(8) Documenting the incident.
TITLE V--ADDITIONAL PROVISIONS
SEC. 501. FINDINGS.
Congress finds the following:
(1) Obscenity and child pornography are not entitled to
protection under the First Amendment under Miller v.
California, 413 U.S. 15 (1973) (obscenity), or New York v.
Ferber, 458 U.S. 747 (1982) (child pornography) and thus may be
prohibited.
(2) The Government has a compelling state interest in
protecting children from those who sexually exploit them,
including both child molesters and child pornographers. ``The
prevention of sexual exploitation and abuse of children
constitutes a government objective of surpassing importance,''
New York v. Ferber, 458 U.S. 747, 757 (1982), and this interest
extends to stamping out the vice of child pornography at all
levels in the distribution chain. Osborne v. Ohio, 495 U.S.
103, 110 (1990).
(3) The Government thus has a compelling interest in
ensuring that the criminal prohibitions against child
pornography remain enforceable and effective. ``The most
expeditious if not the only practical method of law enforcement
may be to dry up the market for this material by imposing
severe criminal penalties on persons selling, advertising, or
otherwise promoting the product.'' Ferber, 458 U.S. at 760.
(4) In 1982, when the Supreme Court decided Ferber, the
technology did not exist to:
(A) computer generate depictions of children that
are indistinguishable from depictions of real children;
(B) use parts of images of real children to create
a composite image that is unidentifiable as a
particular child and in a way that prevents even an
expert from concluding that parts of images of real
children were used; or
(C) disguise pictures of real children being abused
by making the image look computer-generated.
(5) Evidence submitted to the Congress, including from the
National Center for Missing and Exploited Children,
demonstrates that technology already exists to disguise
depictions of real children to make them unidentifiable and to
make depictions of real children appear computer-generated. The
technology will soon exist, if it does not already, to computer
generate realistic images of children.
(6) The vast majority of child pornography prosecutions
today involve images contained on computer hard drives,
computer disks, and/or related media.
(7) There is no substantial evidence that any of the child
pornography images being trafficked today were made other than
by the abuse of real children. Nevertheless, technological
advances since Ferber have led many criminal defendants to
suggest that the images of child pornography they possess are
not those of real children, insisting that the government prove
beyond a reasonable doubt that the images are not computer-
generated. Such challenges increased significantly after the
decision in Ashcroft v. Free Speech Coalition 535 U.S. 234
(2002).
(8) Child pornography circulating on the Internet has, by
definition, been digitally uploaded or scanned into computers
and has been transferred over the Internet, often in different
file formats, from trafficker to trafficker. An image seized
from a collector of child pornography is rarely a first-
generation product, and the retransmission of images can alter
the image so as to make it difficult for even an expert
conclusively to opine that a particular image depicts a real
child. If the original image has been scanned from a paper
version into a digital format, this task can be even harder
since proper forensic assessment may depend on the quality of
the image scanned and the tools used to scan it.
(9) The impact of the Free Speech Coalition decision on the
Government's ability to prosecute child pornography offenders
is already evident. The Ninth Circuit has seen a significant
adverse effect on prosecutions since the 1999 Ninth Circuit
Court of Appeals decision in Free Speech Coalition. After that
decision, prosecutions generally have been brought in the Ninth
Circuit only in the most clear-cut cases in which the
government can specifically identify the child in the depiction
or otherwise identify the origin of the image. This is a
fraction of meritorious child pornography cases. The National
Center for Missing and Exploited Children testified that, in
light of the Supreme Court's affirmation of the Ninth Circuit
decision, prosecutors in various parts of the country have
expressed concern about the continued viability of previously
indicted cases as well as declined potentially meritorious
prosecutions.
(10) Since the Supreme Court's decision in Free Speech
Coalition, defendants in child pornography cases have almost
universally raised the contention that the images in question
could be virtual, thereby requiring the government, in nearly
every child pornography prosecution, to find proof that the
child is real. Some of these defense efforts have already been
successful. In addition, the number of prosecutions being
brought has been significantly and adversely affected as the
resources required to be dedicated to each child pornography
case now are significantly higher than ever before.
(11) Leading experts agree that, to the extent that the
technology exists to computer generate realistic images of
child pornography, the cost in terms of time, money, and
expertise is--and for the foreseeable future will remain--
prohibitively expensive. As a result, for the foreseeable
future, it will be more cost-effective to produce child
pornography using real children. It will not, however, be
difficult or expensive to use readily available technology to
disguise those depictions of real children to make them
unidentifiable or to make them appear computer-generated.
(12) Child pornography results from the abuse of real
children by sex offenders; the production of child pornography
is a byproduct of, and not the primary reason for, the sexual
abuse of children. There is no evidence that the future
development of easy and inexpensive means of computer
generating realistic images of children would stop or even
reduce the sexual abuse of real children or the practice of
visually recording that abuse.
(13) In the absence of congressional action, the
difficulties in enforcing the child pornography laws will
continue to grow increasingly worse. The mere prospect that the
technology exists to create composite or computer-generated
depictions that are indistinguishable from depictions of real
children will allow defendants who possess images of real
children to escape prosecution; for it threatens to create a
reasonable doubt in every case of computer images even when a
real child was abused. This threatens to render child
pornography laws that protect real children unenforceable.
Moreover, imposing an additional requirement that the
Government prove beyond a reasonable doubt that the defendant
knew that the image was in fact a real child--as some courts
have done--threatens to result in the de facto legalization of
the possession, receipt, and distribution of child pornography
for all except the original producers of the material.
(14) To avoid this grave threat to the Government's
unquestioned compelling interest in effective enforcement of
the child pornography laws that protect real children, a
statute must be adopted that prohibits a narrowly-defined
subcategory of images.
(15) The Supreme Court's 1982 Ferber v. New York decision
holding that child pornography was not protected drove child
pornography off the shelves of adult bookstores. Congressional
action is necessary now to ensure that open and notorious
trafficking in such materials does not reappear, and even
increase, on the Internet.
SEC. 502. IMPROVEMENTS TO PROHIBITION ON VIRTUAL CHILD PORNOGRAPHY.
(a) Section 2256(8)(B) of title 18, United States Code, is amended
to read as follows:
``(B) such visual depiction is a digital image,
computer image, or computer-generated image that is, or
is indistinguishable (as defined in section 1466A)
from, that of a minor engaging in sexually explicit
conduct; or''.
(b) Section 2256(2) of title 18, United States Code, is amended to
read as follows:
``(2)(A) Except as provided in subparagraph (B), `sexually
explicit conduct' means actual or simulated--
``(i) sexual intercourse, including genital-
genital, oral-genital, anal-genital, or oral-anal,
whether between persons of the same or opposite sex;
``(ii) bestiality;
``(iii) masturbation;
``(iv) sadistic or masochistic abuse; or
``(v) lascivious exhibition of the genitals or
pubic area of any person;
``(B) For purposes of subsection 8(B) of this section,
`sexually explicit conduct' means--
``(i) graphic sexual intercourse, including
genital-genital, oral-genital, anal-genital, or oral-
anal, whether between persons of the same or opposite
sex, or lascivious simulated sexual intercourse where
the genitals, breast, or pubic area of any person is
exhibited;
``(ii) graphic or lascivious simulated;
``(I) bestiality;
``(II) masturbation; or
``(III) sadistic or masochistic abuse; or
``(iii) graphic or simulated lascivious exhibition
of the genitals or pubic area of any person;''.
(c) Section 2256 is amended--
(1) in paragraph 8(D), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by inserting at the end the following new paragraph:
``(10) `graphic', when used with respect to a depiction of
sexually explicit conduct, means that a viewer can observe any
part of the genitals or pubic area of any depicted person or
animal during any part of the time that the sexually explicit
conduct is being depicted.''.
(d) Section 2252A(c) of title 18, United States Code, is amended to
read as follows:
``(c)(1) Except as provided in paragraph (2), it shall be an
affirmative defense to a charge of violating this section that the
production of the alleged child pornography did not involve the use of
a minor or an attempt or conspiracy to commit an offense under this
section involving such use.
``(2) A violation of, or an attempt or conspiracy to violate, this
section which involves child pornography as defined in section
2256(8)(A) or (C) shall be punishable without regard to the affirmative
defense set forth in paragraph (1).''.
SEC. 503. PROHIBITION ON PANDERING MATERIALS AS CHILD PORNOGRAPHY.
(a) Section 2256(8) of title 18, United States Code, is amended--
(1) in subparagraph (C), by striking ``or'' at the end and
inserting ``and''; and
(2) by striking subparagraph (D).
(b) Chapter 110 of title 18, United States Code, is amended--
(1) by inserting after section 2252A the following:
``Sec. 2252B. Pandering and solicitation
``(a) Whoever, in a circumstance described in subsection (d),
offers, agrees, attempts, or conspires to provide or sell a visual
depiction to another, and who in connection therewith knowingly
advertises, promotes, presents, or describes the visual depiction with
the intent to cause any person to believe that the material is, or
contains, a visual depiction of an actual minor engaging in sexually
explicit conduct shall be subject to the penalties set forth in section
2252A(b)(1), including the penalties provided for cases involving a
prior conviction.
``(b) Whoever, in a circumstance described in subsection (d),
offers, agrees, attempts, or conspires to receive or purchase from
another a visual depiction that he believes to be, or to contain, a
visual depiction of an actual minor engaging in sexually explicit
conduct shall be subject to the penalties set forth in section
2252A(b)(1), including the penalties provided for cases involving a
prior conviction.
``(c) It is not a required element of any offense under this
section that any person actually provide, sell, receive, purchase,
possess, or produce any visual depiction.
``(d) The circumstance referred to in subsection (a) and (b) is
that--
``(1) any communication involved in or made in furtherance
of the offense is communicated or transported by the mail, or
in interstate or foreign commerce by any means, including by
computer, or any means or instrumentality of interstate or
foreign commerce is otherwise used in committing or in
furtherance of the commission of the offense;
``(2) any communication involved in or made in furtherance
of the offense contemplates the transmission or transportation
of a visual depiction by the mail, or in interstate or foreign
commerce by any means, including by computer;
``(3) any person who travels or is transported in
interstate or foreign commerce in the course of the commission
or in furtherance of the commission of the offense;
``(4) any visual depiction involved in the offense has been
mailed, or has been shipped or transported in interstate or
foreign commerce by any means, including by computer, or was
produced using materials that have been mailed, or that have
been shipped or transported in interstate or foreign commerce
by any means, including by computer; or
``(5) the offense is committed in the special maritime and
territorial jurisdiction of the United States or in any
territory or possession of the United States.''; and
(2) in the table of sections at the beginning of the
chapter, by inserting after the item relating to section 2252A
the following:
``2252B. Pandering and solicitation.''.
SEC. 504. PROHIBITION OF OBSCENITY DEPICTING YOUNG CHILDREN.
(a) Chapter 71 of title 18, United States Code, is amended--
(1) by inserting after section 1466 the following:
``Sec. 1466A. Obscene visual depictions of young children
``(a) Whoever, in a circumstance described in subsection (d),
knowingly produces, distributes, receives, or possesses with intent to
distribute a visual depiction that is, or is indistinguishable from,
that of a pre-pubescent child engaging in sexually explicit conduct, or
attempts or conspires to do so, shall be subject to the penalties set
forth in section 2252A(b)(1), including the penalties provided for
cases involving a prior conviction.
``(b) Whoever, in a circumstance described in subsection (d),
knowingly possesses a visual depiction that is, or is indistinguishable
from, that of a pre-pubescent child engaging in sexually explicit
conduct, or attempts or conspires to do so, shall be subject to the
penalties set forth in section 2252A(b)(2), including the penalties
provided for cases involving a prior conviction.
``(c) For purposes of this section--
``(1) the term `visual depiction' includes undeveloped film
and videotape, and data stored on computer disk or by
electronic means which is capable of conversion into a visual
image, and also includes any photograph, film, video, picture,
or computer or computer-generated image or picture, whether
made or produced by electronic, mechanical, or other means;
``(2) the term `pre-pubescent child' means that (A) the
child, as depicted, is one whose physical development indicates
the child is 12 years of age or younger; or (B) the child, as
depicted, does not exhibit significant pubescent physical or
sexual maturation. Factors that may be considered in
determining significant pubescent physical maturation include
body habitus and musculature, height and weight proportion,
degree of hair distribution over the body, extremity proportion
with respect to the torso, and dentition. Factors that may be
considered in determining significant pubescent sexual
maturation include breast development, presence of axillary
hair, pubic hair distribution, and visible growth of the sexual
organs;
``(3) the term `sexually explicit conduct' has the meaning
set forth in section 2256(2); and
``(4) the term `indistinguishable' used with respect to a
depiction, means virtually indistinguishable, in that the
depiction is such that an ordinary person viewing the depiction
would conclude that the depiction is of an actual minor engaged
in sexually explicit conduct. This definition does not apply to
depictions that are drawings, cartoons, sculptures, or
paintings depicting minors or adults.
``(d) The circumstance referred to in subsections (a) and (b) is
that--
``(1) any communication involved in or made in furtherance
of the offense is communicated or transported by the mail, or
in interstate or foreign commerce by any means, including by
computer, or any means or instrumentality of interstate or
foreign commerce is otherwise used in committing or in
furtherance of the commission of the offense;
``(2) any communication involved in or made in furtherance
of the offense contemplates the transmission or transportation
of a visual depiction by the mail, or in interstate or foreign
commerce by any means, including by computer;
``(3) any person travels or is transported in interstate or
foreign commerce in the course of the commission or in
furtherance of the commission of the offense;
``(4) any visual depiction involved in the offense has been
mailed, or has been shipped or transported in interstate or
foreign commerce by any means, including by computer, or was
produced using materials that have been mailed, or that have
been shipped or transported in interstate or foreign commerce
by any means, including by computer; or
``(5) the offense is committed in the special maritime and
territorial jurisdiction of the United States or in any
territory or possession of the United States.
``(e) In a case under subsection (b), it is an affirmative defense
that the defendant--
``(1) possessed less than three such images; and
``(2) promptly and in good faith, and without retaining or
allowing any person, other than a law enforcement agency, to
access any image or copy thereof--
``(A) took reasonable steps to destroy each such
image; or
``(B) reported the matter to a law enforcement
agency and afforded that agency access to each such
image.
``Sec. 1466B. Obscene visual representations of sexual abuse of minors
``(a) Whoever, in a circumstance described in subsection (e),
knowingly produces, distributes, receives, or possesses with intent to
distribute a visual depiction of any kind, including a drawing,
cartoon, sculpture, or painting, that--
``(1) depicts a minor engaging in sexually explicit
conduct; and
``(2) is obscene;
or attempts or conspires to do so, shall be subject to the penalties
set forth in section 2252A(b)(1), including the penalties provided for
cases involving a prior conviction.
``(b) Whoever, in a circumstance described in subsection (e),
knowingly possesses a visual depiction of any kind, including a
drawing, cartoon, sculpture, or painting, that--
``(1) depicts a minor child engaging in sexually explicit
conduct, and
``(2) is obscene,
or attempts or conspires to do so, shall be subject to the penalties
set forth in section 2252A(b)(2), including the penalties provided for
cases involving a prior conviction.
``(c) It is not a required element of any offense under this
section that the minor child depicted actually exist.
``(d) For purposes of this section, the terms `visual depiction'
has the meaning given that term in section 1466A, and the terms
`sexually explicit conduct' and `minor' have the meanings given those
terms in section 2256(2)(B).
``(e) The circumstance referred to in subsection (a) and (b) is
that--
``(1) any communication involved in or made in furtherance
of the offense is communicated or transported by the mail, or
in interstate or foreign commerce by any means, including by
computer, or any means or instrumentality of interstate or
foreign commerce is otherwise used in committing or in
furtherance of the commission of the offense;
``(2) any communication involved in or made in furtherance
of the offense contemplates the transmission or transportation
of a visual depiction by the mail, or in interstate or foreign
commerce by any means, including by computer;
``(3) any person travels or is transported in interstate or
foreign commerce in the course of the commission or in
furtherance of the commission of the offense;
``(4) any visual depiction involved in the offense has been
mailed, or has been shipped or transported in interstate or
foreign commerce by any means, including by computer, or was
produced using materials that have been mailed, or that have
been shipped or transported in interstate or foreign commerce
by any means, including by computer; or
``(5) the offense is committed in the special maritime and
territorial jurisdiction of the United States or in any
territory or possession of the United States.
``(f) In a case under subsection (b), it is an affirmative defense
that the defendant--
``(1) possessed less than three such images; and
``(2) promptly and in good faith, and without retaining or
allowing any person, other than a law enforcement agency, to
access any image or copy thereof--
``(A) took reasonable steps to destroy each such
image; or
``(B) reported the matter to a law enforcement
agency and afforded that agency access to each such
image.''; and
(2) in table of sections at the beginning of the chapter,
by inserting after the item relating to section 1466 the
following new items:
``1466A. Obscene visual depictions of young children.
``1466B. Obscene visual representations of pre-pubescent sexual
abuse.''.
(b)(1) Except as provided in paragraph (2), the applicable category
of offense to be used in determining the sentencing range referred to
in section 3553(a)(4) of title 18, United States Code, with respect to
any person convicted under section 1466A or 1466B of such title, shall
be the category of offenses described in section 2G2.2 of the
Sentencing Guidelines.
(2) The Sentencing Commission may promulgate guidelines
specifically governing offenses under sections 1466A and 1466B of title
18, United States Code, provided that such guidelines shall not result
in sentencing ranges that are lower than those that would have applied
under paragraph (1).
SEC. 505. PROHIBITION ON USE OF MATERIALS TO FACILITATE OFFENSES
AGAINST MINORS.
Chapter 71 of title 18, United States Code, is amended--
(1) by inserting at the end the following:
``Sec. 1471. Use of obscene material or child pornography to facilitate
offenses against minors
``(a) Whoever, in any circumstance described in subsection (c),
knowingly--
``(1) provides or shows to a person below the age of 16
years any visual depiction that is, or is indistinguishable
from, that of a pre-pubescent child engaging in sexually
explicit conduct, any obscene matter, or any child pornography;
or
``(2) provides or shows any obscene matter or child
pornography, or any visual depiction that is, or is
indistinguishable from, that of a pre-pubescent child engaging
in sexually explicit conduct, or provides any other material
assistance to any person in connection with any conduct, or any
attempt, incitement, solicitation, or conspiracy to engage in
any conduct, that involves a minor and that violates chapter
109A, 110, or 117, or that would violate chapter 109A if the
conduct occurred in the special maritime and territorial
jurisdiction of the United States,
shall be subject to the penalties set forth in section 2252A(b)(1),
including the penalties provided for cases involving a prior
conviction.
``(b) For purposes of this section--
``(1) the term `child pornography' has the meaning set
forth in section 2256(8);
``(2) the terms `visual depiction', `pre-pubescent child',
and `indistinguishable' have the meanings respectively set
forth for those terms in section 1466A(c); and
``(3) the term `sexually explicit conduct' has the meaning
set forth in section 2256(2).
``(c) The circumstance referred to in subsection (a) is that--
``(1) any communication involved in or made in furtherance
of the offense is communicated or transported by the mail, or
in interstate or foreign commerce by any means, including by
computer, or any means or instrumentality of interstate or
foreign commerce is otherwise used in committing or in
furtherance of the commission of the offense;
``(2) any communication involved in or made in furtherance
of the offense contemplates the transmission or transportation
of a visual depiction or obscene matter by the mail, or in
interstate or foreign commerce by any means, including by
computer;
``(3) any person travels or is transported in interstate or
foreign commerce in the course of the commission or in
furtherance of the commission of the offense;
``(4) any visual depiction or obscene matter involved in
the offense has been mailed, or has been shipped or transported
in interstate or foreign commerce by any means, including by
computer, or was produced using materials that have been
mailed, or that have been shipped or transported in interstate
or foreign commerce by any means, including by computer; or
``(5) the offense is committed in the special maritime and
territorial jurisdiction of the United States or in any
territory or possession of the United States.''; and
(2) in the table of sections at the beginning of the
chapter, by inserting at the end the following:
``1471. Use of obscene material or child pornography to facilitate
offenses against minors.''.
SEC. 506. EXTRATERRITORIAL PRODUCTION OF CHILD PORNOGRAPHY FOR
DISTRIBUTION IN THE UNITED STATES.
Section 2251 is amended--
(1) by striking ``subsection (d)'' each place it appears in
subsections (a), (b), and (c) and inserting ``subsection (e)'';
(2) by redesignating subsections (c) and (d), respectively,
as subsections (d) and (e); and
(3) by inserting after subsection (b) a new subsection (c)
as follows:
``(c)(1) Any person who, in a circumstance described in paragraph
(2), employs, uses, persuades, induces, entices, or coerces any minor
to engage in, or who has a minor assist any other person to engage in,
any sexually explicit conduct outside of the United States, its
possessions and Territories, for the purpose of producing any visual
depiction of such conduct, shall be punished as provided under
subsection (e).
``(2) The circumstance referred to in paragraph (1) is that--
``(A) the person intends such visual depiction to be
transported to the United States, its possessions, or
territories, by any means including by computer or mail; or
``(B) the person transports such visual depiction to, or
otherwise makes it available within, the United States, its
possessions, or territories, by any means including by computer
or mail.''.
SEC. 507. STRENGTHENING ENHANCED PENALTIES FOR REPEAT OFFENDERS.
Sections 2251(e) (as redesignated by section 506(2)), 2252(b), and
2252A(b) of title 18, United States Code, are each amended--
(1) by inserting ``chapter 71,'' immediately before each
occurrence of ``chapter 109A,''; and
(2) by inserting ``or under section 920 of title 10
(article 120 of the Uniform Code of Military Justice),''
immediately before each occurrence of ``or under the laws''.
SEC. 508. SERVICE PROVIDER REPORTING OF CHILD PORNOGRAPHY AND RELATED
INFORMATION.
(a) Section 227 of the Victims of Child Abuse Act of 1990 (42
U.S.C. 13032) is amended--
(1) in subsection (b)(1)--
(A) by inserting ``2252B,'' after ``2252A,''; and
(B) by inserting ``or a violation of section 1466A
or 1466B of that title,'' after ``of that title),'';
(2) in subsection (c), by inserting ``or pursuant to''
after ``to comply with'';
(3) by amending subsection (f)(1)(D) to read as follows:
``(D) where the report discloses a violation of
State criminal law, to an appropriate official of a
State or subdivision of a State for the purpose of
enforcing such State law.'';
(4) by redesignating paragraph (3) of subsection (b) as
paragraph (4); and
(5) by inserting after paragraph (2) of subsection (b) the
following new paragraph:
``(3) In addition to forwarding such reports to those
agencies designated in subsection (b)(2), the National Center
for Missing and Exploited Children is authorized to forward any
such report to an appropriate official of a state or
subdivision of a state for the purpose of enforcing state
criminal law.''.
(b) Section 2702 of title 18, United States Code is amended--
(1) in subsection (b)--
(A) in paragraph (6)--
(i) by inserting ``or'' at the end of
subparagraph (A)(ii);
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as
subparagraph (B);
(B) by redesignating paragraph (6) as paragraph
(7);
(C) by striking ``or'' at the end of paragraph (5);
and
(D) by inserting after paragraph (5) the following
new paragraph:
``(6) to the National Center for Missing and Exploited
Children, in connection with a report submitted thereto under
section 227 of the Victims of Child Abuse Act of 1990 (42
U.S.C. 13032); or''; and
(2) in subsection (c)--
(A) by striking ``or'' at the end of paragraph (4);
(B) by redesignating paragraph (5) as paragraph
(6); and
(C) by adding after paragraph (4) the following new
paragraph:
``(5) to the National Center for Missing and Exploited
Children, in connection with a report submitted thereto under
section 227 of the Victims of Child Abuse Act of 1990 (42
U.S.C. 13032); or''.
SEC. 509. SEVERABILITY.
If any provision of this title, or the application of such
provision to any person or circumstance, is held invalid, the remainder
of this title, and the application of such provision to other persons
not similarly situated or to other circumstances, shall not be affected
by such invalidation.
SEC. 510. INVESTIGATIVE AUTHORITY RELATING TO CHILD PORNOGRAPHY.
Section 3486(a)(1)(C)(i) of title 18, United States Code, is
amended by striking ``the name, address'' and all that follows through
``subscriber or customer utilized'' and inserting ``the information
specified in section 2703(c)(2)''.
SEC. 511. AUTHORIZATION OF INTERCEPTION OF COMMUNICATIONS IN THE
INVESTIGATION OF SEXUAL CRIMES AGAINST CHILDREN.
Section 2516(1)(c) of title 18, United States Code, is amended by
inserting ``1466A, 1466B,'' before ``2251''.
SEC. 512. RECORDKEEPING TO DEMONSTRATE MINORS WERE NOT USED IN
PRODUCTION OF PORNOGRAPHY.
Not later than 1 year after enactment of this Act, the Attorney
General shall submit to Congress a report detailing the number of times
since January 1993 that the Department of Justice has inspected the
records of any producer of materials regulated pursuant to section 2257
of title 18, United States Code, and section 75 of title 28 of the Code
of Federal Regulations. The Attorney General shall indicate the number
of violations prosecuted as a result of those inspections.
Amend the title so as to read ``An Act to prevent child
abduction and the sexual exploitation of children, and for
other purposes.''.
Attest:
Clerk.
108th CONGRESS
1st Session
S. 151
_______________________________________________________________________
AMENDMENTS