[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

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                               AMENDMENTS