[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 151 Enrolled Bill (ENR)]

        S.151

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the seventh day of January, two thousand and three


                                 An Act


 
To prevent child abduction and the sexual exploitation of children, and 
                           for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Prosecutorial 
Remedies and Other Tools to end the Exploitation of Children Today Act 
of 2003'' or ``PROTECT Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Severability.

                     TITLE I--SANCTIONS AND OFFENSES

Sec. 101. Supervised release term for sex offenders.
Sec. 102. First degree murder for child abuse and child torture murders.
Sec. 103. Sexual abuse penalties.
Sec. 104. Stronger penalties against kidnapping.
Sec. 105. Penalties against sex tourism.
Sec. 106. Two strikes you're out.
Sec. 107. Attempt liability for international parental kidnapping.
Sec. 108. Pilot program for national criminal history background checks 
          and feasibility study.

                TITLE II--INVESTIGATIONS AND PROSECUTIONS

Sec. 201. Interceptions of communications in investigations of sex 
          offenses.
Sec. 202. No statute of limitations for child abduction and sex crimes.
Sec. 203. No pretrial release for those who rape or kidnap children.
Sec. 204. Suzanne's law.

                       TITLE III--PUBLIC OUTREACH

                         Subtitle A--AMBER Alert

Sec. 301. National coordination of AMBER alert communications network.
Sec. 302. Minimum standards for issuance and dissemination of alerts 
          through AMBER alert communications network.
Sec. 303. Grant program for notification and communications systems 
          along highways for recovery of abducted children.
Sec. 304. Grant program for support of AMBER alert communications plans.
Sec. 305. Limitation on liability.

     Subtitle B--National Center for Missing and Exploited Children

Sec. 321. Increased support.
Sec. 322. Forensic and investigative support of missing and exploited 
          children.
Sec. 323. Creation of cyber tipline.

              Subtitle C--Sex Offender Apprehension Program

Sec. 341. Authorization.

       Subtitle D--Missing Children Procedures in Public Buildings

Sec. 361. Short title.
Sec. 362. Definitions.
Sec. 363. Procedures in public buildings regarding a missing or lost 
          child.

                Subtitle E--Child Advocacy Center Grants

Sec. 381. Information and documentation required by Attorney General 
          under Victims of Child Abuse Act of 1990.

                       TITLE IV--SENTENCING REFORM

Sec. 401. Sentencing reform.

                   TITLE V--OBSCENITY AND PORNOGRAPHY

         Subtitle A--Child Obscenity and Pornography Prevention

Sec. 501. Findings.
Sec. 502. Improvements to prohibition on virtual child pornography.
Sec. 503. Certain activities relating to material constituting or 
          containing child pornography.
Sec. 504. Obscene child pornography.
Sec. 505. Admissibility of evidence.
Sec. 506. Extraterritorial production of child pornography for 
          distribution in the United States.
Sec. 507. Strengthening enhanced penalties for repeat offenders.
Sec. 508. Service provider reporting of child pornography and related 
          information.
Sec. 509. Investigative authority relating to child pornography.
Sec. 510. Civil remedies.
Sec. 511. Recordkeeping requirements.
Sec. 512. Sentencing enhancements for interstate travel to engage in 
          sexual act with a juvenile.
Sec. 513. Miscellaneous provisions.

                    Subtitle B--Truth in Domain Names

Sec. 521. Misleading domain names on the Internet.

                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Penalties for use of minors in crimes of violence.
Sec. 602. Sense of Congress.
Sec. 603. Communications Decency Act of 1996.
Sec. 604. Internet availability of information concerning registered sex 
          offenders.
Sec. 605. Registration of child pornographers in the national sex 
          offender registry.
Sec. 606. Grants to States for costs of compliance with new sex offender 
          registry requirements.
Sec. 607. Safe ID Act.
Sec. 608. Illicit Drug Anti-Proliferation Act.
Sec. 609. Definition of vehicle.
Sec. 610. Authorization of John Doe DNA indictments.
Sec. 611. Transitional housing assistance grants for child victims of 
          domestic violence, stalking, or sexual assault.

SEC. 2. SEVERABILITY.

    If any provision of this Act, or the application of such provision 
to any person or circumstance, is held invalid, the remainder of this 
Act, and the application of such provision to other persons not 
similarly situated or to other circumstances, shall not be affected by 
such invalidation.

                    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.''.
    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 or knowingly 
    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 `serious bodily injury' has the meaning set 
    forth in section 1365; and
        ``(6) 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 5 years and'';
            (ii) by striking ``or both,''; and
            (iii) by striking ``5'' and inserting ``15'';
        (D) in section 2252(b)(2), by striking ``2'' and inserting 
    ``10'';
        (E) in section 2252A(b)(1)--
            (i) by striking ``or imprisoned'' and inserting ``and 
        imprisoned not less than 5 years and'';
            (ii) by striking ``or both,''; and
            (iii) by striking ``5'' and inserting ``15''; and
        (F) in section 2252A(b)(2), by striking ``2'' and inserting 
    ``10''.
    (2) Chapter 117 of title 18, United States Code, is amended--
        (A) 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
        (B) 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 offense level for kidnapping in section 
    2A4.1(a) is increased from level 24 to level 32;
        (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, for the purpose of commercial 
advantage or private financial gain, 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 under 18 years of age that would be in violation of 
chapter 109A if the sexual act occurred in the special maritime and 
territorial jurisdiction of the United States; or (2) any commercial 
sex act (as defined in section 1591) with a person under 18 years of 
age.
    ``(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 an offense under 
        section 2241 (relating to aggravated sexual abuse), 2242 
        (relating to sexual abuse), 2244(a)(1) (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), 2422(b) 
        (relating to coercion and enticement of a minor into 
        prostitution), or 2423(a) (relating to transportation of 
        minors);
            ``(B) the term `State sex offense' means an offense under 
        State law that is punishable by more than one year in prison 
        and 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).
        ``(3) Nonqualifying Felonies.--An offense described in section 
    2422(b) or 2423(a) shall not serve as a basis for sentencing under 
    this subsection if the defendant establishes by clear and 
    convincing evidence that--
            ``(A) the sexual act or activity was consensual and not for 
        the purpose of commercial or pecuniary gain;
            ``(B) the sexual act or activity would not be punishable by 
        more than one year in prison under the law of the State in 
        which it occurred; or
            ``(C) no sexual act or activity occurred.''.
    (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. PILOT PROGRAM FOR NATIONAL CRIMINAL HISTORY BACKGROUND 
      CHECKS AND FEASIBILITY STUDY.
    (a) Establishment of Pilot Program.--
        (1) In general.--Not later than 90 days after the date of the 
    enactment of this Act, the Attorney General shall establish a pilot 
    program for volunteer groups to obtain national and State criminal 
    history background checks through a 10-fingerprint check to be 
    conducted utilizing State criminal records and the Integrated 
    Automated Fingerprint Identification System of the Federal Bureau 
    of Investigation.
        (2) State pilot program.--
            (A) In general.--The Attorney General shall designate 3 
        States as participants in an 18-month State pilot program.
            (B) Volunteer organization requests.--A volunteer 
        organization in one of the 3 States participating in the State 
        pilot program under this paragraph that is part of the Boys and 
        Girls Clubs of America, the National Mentoring Partnerships, or 
        the National Council of Youth Sports may submit a request for a 
        10-fingerprint check from the participating State. A volunteer 
        organization in a participating State may not submit background 
        check requests under paragraph (3).
            (C) State check.--The participating State under this 
        paragraph after receiving a request under subparagraph (B) 
        shall conduct a State background check and submit a request 
        that a Federal check be performed through the Integrated 
        Automated Fingerprint Identification System of the Federal 
        Bureau of Investigation, to the Attorney General, in a manner 
        to be determined by the Attorney
        General.
            (D) Information provided.--Under procedures established by 
        the Attorney General, any criminal history record information 
        resulting from the State and Federal check under subparagraph 
        (C) shall be provided to the State or National Center for 
        Missing and Exploited Children consistent with the National 
        Child Protection Act.
            (E) Costs.--A State may collect a fee to perform a criminal 
        background check under this paragraph which may not exceed the 
        actual costs to the State to perform such a check.
            (F) Timing.--For any background check performed under this 
        paragraph, the State shall provide the State criminal record 
        information to the Attorney General within 7 days after 
        receiving the request from the organization, unless the 
        Attorney General determines during the feasibility study that 
        such a check cannot reasonably be performed within that time 
        period. The Attorney General shall provide the criminal history 
        records information to the National Center for Missing and 
        Exploited Children within 7 business days after receiving the 
        request from the State.
        (3) Child safety pilot program.--
            (A) In general.--The Attorney General shall establish an 
        18-month Child Safety Pilot Program that shall provide for the 
        processing of 100,000 10-fingerprint check requests from 
        organizations described in subparagraph (B) conducted through 
        the Integrated Automated Fingerprint Identification System of 
        the Federal Bureau of Investigation.
            (B) Eligible organizations.--An organization described in 
        this subparagraph is an organization in a State not designated 
        under paragraph (2) that has received a request allotment 
        pursuant to subparagraph (C).
            (C) Request allotments.--The following organizations may 
        allot requests as follows:
                (i) 33,334 for the Boys and Girls Clubs of America.
                (ii) 33,333 for the National Mentoring Partnership.
                (iii) 33,333 for the National Council of Youth Sports.
            (D) Procedures.--The Attorney General shall notify the 
        organizations described in subparagraph (C) of a process by 
        which the organizations may provide fingerprint cards to the 
        Attorney General.
            (E) Volunteer information required.--An organization 
        authorized to request a background check under this paragraph 
        shall--
                (i) forward to the Attorney General the volunteer's 
            fingerprints; and
                (ii) obtain a statement completed and signed by the 
            volunteer that--

                    (I) sets out the provider or volunteer's name, 
                address, date of birth appearing on a valid 
                identification document as defined in section 1028 of 
                title 18, United States Code, and a photocopy of the 
                valid identifying document;
                    (II) states whether the volunteer has a criminal 
                record, and, if so, sets out the particulars of such 
                record;
                    (III) notifies the volunteer that the Attorney 
                General may perform a criminal history background check 
                and that the volunteer's signature to the statement 
                constitutes an acknowledgment that such a check may be 
                conducted;
                    (IV) notifies the volunteer that prior to and after 
                the completion of the background check, the 
                organization may choose to deny the provider access to 
                children; and
                    (V) notifies the volunteer of his right to correct 
                an erroneous record held by the Attorney General.

            (F) Timing.--For any background checks performed under this 
        paragraph, the Attorney General shall provide the criminal 
        history records information to the National Center for Missing 
        and Exploited Children within 14 business days after receiving 
        the request from the organization.
            (G) Determinations of fitness.--
                (i) In general.--Consistent with the privacy 
            protections delineated in the National Child Protection Act 
            (42 U.S.C. 5119), the National Center for Missing and 
            Exploited Children may make a determination whether the 
            criminal history record information received in response to 
            the criminal history background checks conducted under this 
            paragraph indicates that the provider or volunteer has a 
            criminal history record that renders the provider or 
            volunteer unfit to provide care to children based upon 
            criteria established jointly by, the National Center for 
            Missing and Exploited Children, the Boys and Girls Clubs of 
            America, the National Mentoring Partnership, and the 
            National Council of Youth Sports.
                (ii) Child safety pilot program.--The National Center 
            for Missing and Exploited Children shall convey that 
            determination to the organizations making requests under 
            this paragraph.
        (4) Fees collected by attorney general.--The Attorney General 
    may collect a fee which may not exceed $18 to cover the cost to the 
    Federal Bureau of Investigation to conduct the background check 
    under paragraph (2) or (3).
    (b) Rights of Volunteers.--Each volunteer who is the subject of a 
criminal history background check under this section is entitled to 
contact the Attorney General to initiate procedures to--
        (1) obtain a copy of their criminal history record report; and
        (2) challenge the accuracy and completeness of the criminal 
    history record information in the report.
    (c) Authorization of Appropriations.--
        (1) In general.--There is authorized to be appropriated such 
    sums as may be necessary to the National Center for Missing and 
    Exploited Children for fiscal years 2004 and 2005 to carry out the 
    requirements of this section.
        (2) State program.--There is authorized to be appropriated such 
    sums as may be necessary to the Attorney General for the States 
    designated in subsection (a)(1) for fiscal years 2004 and 2005 to 
    establish and enhance fingerprint technology infrastructure of the 
    participating State.
    (d) Feasibility Study for a System of Background Checks for 
Employees and Volunteers.--
        (1) Study required.--The Attorney General shall conduct a 
    feasibility study within 180 days after the date of the enactment 
    of this Act. The study shall examine, to the extent discernible, 
    the following:
            (A) 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).
            (B) The intent of the States concerning participation in a 
        nationwide system of criminal background checks to provide 
        information to qualified entities.
            (C) The number of volunteers, employees, and other 
        individuals that would require a fingerprint-based criminal 
        background check.
            (D) The impact on the Integrated Automated Fingerprint 
        Identification System (IAFIS) of the Federal Bureau of 
        Investigation in terms of capacity and impact on other users of 
        the system, including the effect on Federal Bureau of 
        Investigation work practices and staffing levels.
            (E) The current fees charged by the Federal Bureau of 
        Investigation, States and local agencies, and private companies 
        to process fingerprints and conduct background checks.
            (F) The existence of ``model'' or best practice programs 
        which could easily be expanded and duplicated in other States.
            (G) 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.
            (H) 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.
            (I) The extent of State participation in the procedures for 
        background checks authorized in the National Child Protection 
        Act (Public Law 103-209), as amended by the Volunteers for 
        Children Act (sections 221 and 222 of Public Law 105-251).
            (J) The extent to which States currently provide access to 
        nationwide criminal history background checks to organizations 
        that serve children.
            (K) The extent to which States currently permit volunteers 
        to appeal adverse fitness determinations, and whether similar 
        procedures are required at the Federal level.
            (L) The implementation of the 2 pilot programs created in 
        subsection (a).
            (M) Any privacy concerns that may arise from nationwide 
        criminal background checks.
            (N) Any other information deemed relevant by the Department 
        of Justice.
        (2) Interim report.--Based on the findings of the feasibility 
    study under paragraph (1), the Attorney General shall, not later 
    than 180 days after the date of the enactment of this Act, submit 
    to Congress an interim report, which may include recommendations 
    for a pilot project 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.
        (3) Final report.--Based on the findings of the pilot project, 
    the Attorney General shall, not later than 60 days after completion 
    of the pilot project under this section, submit to Congress a final 
    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, and which may include recommendations for 
    amendments to the National Child Protection Act and the Volunteers 
    for Children Act so that qualified entities can promptly and 
    affordably conduct nationwide criminal history background checks on 
    their employees and volunteers.

               TITLE II--INVESTIGATIONS AND PROSECUTIONS

    SEC. 201. INTERCEPTIONS OF COMMUNICATIONS IN INVESTIGATIONS OF SEX 
      OFFENSES.
    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 ``section 1591 (sex trafficking of 
        children by force, fraud, or coercion),'' after ``section 1511 
        (obstruction of State or local law enforcement),''; and
            (B) by inserting ``section 2251A (selling or buying of 
        children), section 2252A (relating to material constituting or 
        containing child pornography), section 1466A (relating to child 
        obscenity), section 2260 (production of sexually explicit 
        depictions of a minor for importation into the United States), 
        sections 2421, 2422, 2423, and 2425 (relating to transportation 
        for illegal sexual activity and related crimes),'' after 
        ``sections 2251 and 2252 (sexual exploitation of children),''.
    SEC. 202. NO STATUTE OF LIMITATIONS FOR CHILD ABDUCTION AND SEX 
      CRIMES.
    Section 3283 of title 18, United States Code, is amended to read as 
follows:

``Sec. 3283. Offenses against children

    ``No statute of limitations that would otherwise preclude 
prosecution for an offense involving the sexual or physical abuse, or 
kidnaping, of a child under the age of 18 years shall preclude such 
prosecution during the life of the child.''.
    SEC. 203. NO PRETRIAL RELEASE FOR THOSE WHO RAPE OR KIDNAP 
      CHILDREN.
    Section 3142(e) of title 18, United States Code, is amended--
        (1) by striking ``1901 et seq.), or'' and inserting ``1901 et 
    seq.),''; and
        (2) by striking ``of title 18 of the United States Code'' and 
    inserting ``of this title, or an offense involving a minor victim 
    under section 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 
    2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 
    2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or 
    2425 of this title''.

SEC. 204. SUZANNE'S LAW.

    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
                        Subtitle A--AMBER Alert

    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. LIMITATION ON LIABILITY.

    (a) Except as provided in subsection (b), the National Center for 
Missing and Exploited Children, including any of its officers, 
employees, or agents, shall not be liable for damages in any civil 
action for defamation, libel, slander, or harm to reputation arising 
out of any action or communication by the National Center for Missing 
and Exploited Children, its officers, employees, or agents, in 
connection with any clearinghouse, hotline or complaint intake or 
forwarding program or in connection with activity that is wholly or 
partially funded by the United States and undertaken in cooperation 
with, or at the direction of a Federal law enforcement agency.
    (b) The limitation in subsection (a) does not apply in any action 
in which the plaintiff proves that the National Center for Missing and 
Exploited Children, its officers, employees, or agents acted with 
actual malice, or provided information or took action for a purpose 
unrelated to an activity mandated by Federal law. For purposes of this 
subsection, the prevention, or detection of crime, and the safety, 
recovery, or protection of missing or exploited children shall be 
deemed, per se, to be an activity mandated by Federal law.

     Subtitle B--National Center for Missing and Exploited Children

SEC. 321. INCREASED SUPPORT.

    (a) In General.--Section 408(a) of the Missing Children's 
Assistance Act (42 U.S.C. 5777(a)) is amended by striking ``fiscal 
years 2000 through 2003'' and inserting ``fiscal years 2004 through 
2005.''.
    (b) Annual Grant to National Center For Missing and Exploited 
Children.--Section 404(b)(2) of the Missing Children's Assistance Act 
(42 U.S.C. 5773(b)(2)) is amended by striking ``$10,000,000 for each of 
fiscal years 2000, 2001, 2002, and 2003'' and inserting ``$20,000,000 
for each of the fiscal years 2004 through 2005''.
    SEC. 322. 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 Homeland Security, 
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.''.

SEC. 323. CREATION OF CYBER TIPLINE.

    Section 404(b)(1) of the Missing Children's Assistance Act (42 
U.S.C. 5773(b)(1)) is amended--
        (1) in subparagraph (F), by striking ``and'' at the end;
        (2) in subparagraph (G), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
            ``(H) coordinate the operation of a cyber tipline to 
        provide online users an effective means of reporting Internet-
        related child sexual exploitation in the areas of--
                ``(i) distribution of child pornography;
                ``(ii) online enticement of children for sexual acts; 
            and
                ``(iii) child prostitution.''.

             Subtitle C--Sex Offender Apprehension Program

SEC. 341. AUTHORIZATION.

    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;''.

      Subtitle D--Missing Children Procedures in Public Buildings

SEC. 361. SHORT TITLE.

    This subtitle may be cited as the ``Code Adam Act of 2003''.

SEC. 362. DEFINITIONS.

    In this subtitle, 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 the Supreme Court Building, the Marshal 
        of the Supreme Court; with respect to the Thurgood Marshall 
        Federal Judiciary Building, the Director of the Administrative 
        Office of United States Courts; and with respect to all other 
        public buildings owned or leased for use by an establishment in 
        the judicial branch of government, the General Services 
        Administration in consultation with the United States Marshals 
        Service; 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. 363. 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.

                Subtitle E--Child Advocacy Center Grants

    SEC. 381. INFORMATION AND DOCUMENTATION REQUIRED BY ATTORNEY 
      GENERAL UNDER VICTIMS OF CHILD ABUSE ACT OF 1990.
    (a) Regional Children's Advocacy Centers.--Section 213 of the 
Victims of Child Abuse Act of 1990 (42 U.S.C. 13001b) is amended--
        (1) in subsection (c)(4)--
            (A) by striking ``and'' at the end of subparagraph (B)(ii);
            (B) in subparagraph (B)(iii), by striking ``Board'' and 
        inserting ``board''; and
            (C) 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); and
        (2) in subsection (e), by striking ``Board'' in each of 
    paragraphs (1)(B)(ii), (2)(A), and (3), and inserting ``board''.
    (b) 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.''.

                      TITLE IV--SENTENCING REFORM

SEC. 401. SENTENCING REFORM.

    (a) Enforcement of Sentencing Guidelines for Child Abduction and 
Sex Offenses.--Section 3553(b) of title 18, United States Code is 
amended--
        (1) by striking ``The court'' and inserting the following:
        ``(1) In general.--Except as provided in paragraph (2), the 
    court''; and
        (2) by adding at the end the following:
        ``(2) Child crimes and sexual offenses.--
            ``(A) Sentencing.--In sentencing a defendant convicted of 
        an offense under section 1201 involving a minor victim, an 
        offense under section 1591, or an offense under chapter 71, 
        109A, 110, or 117, the court shall impose a sentence of the 
        kind, and within the range, referred to in subsection (a)(4) 
        unless--
                ``(i) the court finds that 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 
            greater than that described;
                ``(ii) the court finds that there exists a mitigating 
            circumstance of a kind or to a degree, that--

                    ``(I) 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, 
                taking account of any amendments to such sentencing 
                guidelines or policy statements by Congress;
                    ``(II) has not been taken into consideration by the 
                Sentencing Commission in formulating the guidelines; 
                and
                    ``(III) should result in a sentence different from 
                that described; or

                ``(iii) the court finds, on motion of the Government, 
            that the defendant has provided substantial assistance in 
            the investigation or prosecution of another person who has 
            committed an offense and that this assistance established a 
            mitigating 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 lower than 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) Conforming Amendments to Guidelines Manual.--The Federal 
Sentencing Guidelines are amended--
        (1) in section 5K2.0--
            (A) by striking ``Under'' and inserting the following:
    ``(a) Downward Departures in Criminal Cases Other Than Child Crimes 
and Sexual Offenses.--Under''; and
            (B) by adding at the end the following:
    ``(b) Downward Departures in Child Crimes and Sexual Offenses.--
``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:
``Sec. 5K2.22 Specific Offender Characteristics as Grounds for Downward 
      Departure in child crimes and sexual offenses (Policy Statement)
``In sentencing a defendant convicted of an offense under section 1201 
involving a minor victim, an offense under section 1591, or an offense 
under chapter 71, 109A, 110, or 117 of title 18, United States Code, 
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.
        (3) Section 5K2.20 is amended by striking ``A'' and inserting 
    ``Except where a defendant is convicted of an offense under section 
    1201 involving a minor victim, an offense under section 1591, or an 
    offense under chapter 71, 109A, 110, or 117 of title 18, United 
    States Code, a''.
        (4) Section 5H1.6 is amended by inserting after the first 
    sentence the following: ``In sentencing a defendant convicted of an 
    offense under section 1201 involving a minor victim, an offense 
    under section 1591, or an offense under chapter 71, 109A, 110, or 
    117 of title 18, United States Code, family ties and 
    responsibilities and community ties are not relevant in determining 
    whether a sentence should be below the applicable guideline 
    range.''.
        (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) 
        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.
        ``(4) The Commission shall make available to the Attorney 
    General, upon request, such data files as the Commission may 
    assemble or maintain in electronic form that include any 
    information submitted under paragraph (1). Such data files shall be 
    made available in electronic form and shall include all data fields 
    requested, including the identity of the sentencing judge.''.
    (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.
        (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 that 
    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 subsection.
        (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)(2) 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 pertinent 
provisions of this title and title 18, United States Code,'' and 
inserting ``consistent with all pertinent provisions of any Federal 
statute''.
    (l) Report by Attorney General.--
        (1) Defined term.--For purposes of this section, the term 
    ``report described in paragraph (3)'' means a report, submitted by 
    the Attorney General, which states in detail the policies and 
    procedures that the Department of Justice has adopted subsequent to 
    the enactment of this Act--
            (A) to ensure that Department of Justice attorneys oppose 
        sentencing adjustments, including downward departures, that are 
        not supported by the facts and the law;
            (B) to ensure that Department of Justice attorneys in such 
        cases make a sufficient record so as to permit the possibility 
        of an appeal;
            (C) to delineate objective criteria, specified by the 
        Attorney General, as to which such cases may warrant 
        consideration of an appeal, either because of the nature or 
        magnitude of the sentencing error, its prevalence in the 
        district, or its prevalence with respect to a particular judge;
            (D) to ensure that Department of Justice attorneys promptly 
        notify the designated Department of Justice component in 
        Washington concerning such adverse sentencing decisions; and
            (E) to ensure the vigorous pursuit of appropriate and 
        meritorious appeals of such adverse decisions.
        (2) Report required.--
            (A) In general.--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 United States 
        Sentencing Guidelines, the Attorney General shall submit a 
        report to the Committees on the Judiciary of the House of 
        Representatives and the Senate containing the information 
        described under subparagraph (B).
            (B) Contents.--The report submitted pursuant to 
        subparagraph (A) shall set forth--
                (i) the case;
                (ii) the facts involved;
                (iii) the identity of the district court judge;
                (iv) the district court's stated reasons, whether or 
            not the court provided the United States with advance 
            notice of its intention to depart; and
                (v) 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.
            (C) Appeal of the departure.--Not later than 5 days after a 
        decision by the Solicitor General regarding the authorization 
        of an appeal of the departure, the Attorney General shall 
        submit a report to the Committees on the Judiciary of the House 
        of Representatives and the Senate that describes the decision 
        of the Solicitor General and the basis for such decision.
        (3) Effective date.--Paragraph (2) shall take effect on the day 
    that is 91 days after the date of enactment of this Act, except 
    that such paragraph shall not take effect if not more than 90 days 
    after the date of enactment of this Act the Attorney General has 
    submitted to the Judiciary Committees of the House of 
    Representatives and the Senate the report described in paragraph 
    (3).
    (m) Reform of Existing Permissible Grounds of Downward 
Departures.--Not later than 180 days after the enactment of this Act, 
the United States Sentencing Commission shall--
        (1) review the grounds of downward departure that are 
    authorized by the sentencing guidelines, policy statements, and 
    official commentary of the Sentencing Commission; and
        (2) promulgate, pursuant to section 994 of title 28, United 
    States Code--
            (A) appropriate amendments to the sentencing guidelines, 
        policy statements, and official commentary to ensure that the 
        incidence of downward departures are substantially reduced;
            (B) a policy statement authorizing a downward departure of 
        not more than 4 levels if the Government files a motion for 
        such departure pursuant to an early disposition program 
        authorized by the Attorney General and the United States 
        Attorney; and
            (C) any other conforming amendments to the sentencing 
        guidelines, policy statements, and official commentary of the 
        Sentencing Commission necessitated by this Act, including a 
        revision of paragraph 4(b) of part A of chapter 1 and a 
        revision of section 5K2.0.
    (n) Composition of Sentencing Commission.--
        (1) In general.--Section 991(a) of title 28, United States 
    Code, is amended by striking ``At least three'' and inserting ``Not 
    more than 3''.
        (2) Applicability.--The amendment made under paragraph (1) 
    shall not apply to any person who is serving, or who has been 
    nominated to serve, as a member of the Sentencing Commission on the 
    date of enactment of this Act.

                   TITLE V--OBSCENITY AND PORNOGRAPHY
         Subtitle A--Child Obscenity and Pornography Prevention

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) of title 18, United States Code, is amended--
        (1) so that subparagraph (B) reads as follows:
            ``(B) such visual depiction is a digital image, computer 
        image, or computer-generated image that is, or is 
        indistinguishable from, that of a minor engaging in sexually 
        explicit conduct; or'';
        (2) by striking ``; or'' at the end of subparagraph (C) and 
    inserting a period; and
        (3) by striking subparagraph (D).
    (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 by inserting at the end the following 
new paragraphs:
        ``(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; and
        ``(11) 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) Section 2252A(c) of title 18, United States Code, is amended to 
read as follows:
    ``(c) It shall be an affirmative defense to a charge of violating 
paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) that--
        ``(1)(A) the alleged child pornography was produced using an 
    actual person or persons engaging in sexually explicit conduct; and
        ``(B) each such person was an adult at the time the material 
    was produced; or
        ``(2) the alleged child pornography was not produced using any 
    actual minor or minors.
No affirmative defense under subsection (c)(2) shall be available in 
any prosecution that involves child pornography as described in section 
2256(8)(C). A defendant may not assert an affirmative defense to a 
charge of violating paragraph (1), (2), (3)(A), (4), or (5) of 
subsection (a) unless, within the time provided for filing pretrial 
motions or at such time prior to trial as the judge may direct, but in 
no event later than 10 days before the commencement of the trial, the 
defendant provides the court and the United States with notice of the 
intent to assert such defense and the substance of any expert or other 
specialized testimony or evidence upon which the defendant intends to 
rely. If the defendant fails to comply with this subsection, the court 
shall, absent a finding of extraordinary circumstances that prevented 
timely compliance, prohibit the defendant from asserting such defense 
to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of 
subsection (a) or presenting any evidence for which the defendant has 
failed to provide proper and timely notice.''.
    SEC. 503. CERTAIN ACTIVITIES RELATING TO MATERIAL CONSTITUTING OR 
      CONTAINING CHILD PORNOGRAPHY.
    Section 2252A of title 18, United States Code, is amended--
        (1) in subsection (a)--
            (A) by striking paragraph (3) and inserting the following:
        ``(3) knowingly--
            ``(A) reproduces any child pornography for distribution 
        through the mails, or in interstate or foreign commerce by any 
        means, including by computer; or
            ``(B) advertises, promotes, presents, distributes, or 
        solicits through the mails, or in interstate or foreign 
        commerce by any means, including by computer, any material or 
        purported material in a manner that reflects the belief, or 
        that is intended to cause another to believe, that the material 
        or purported material is, or contains--
                ``(i) an obscene visual depiction of a minor engaging 
            in sexually explicit conduct; or
                ``(ii) a visual depiction of an actual minor engaging 
            in sexually explicit conduct;'';
            (B) in paragraph (4), by striking ``or'' at the end;
            (C) in paragraph (5), by striking the comma at the end and 
        inserting ``; or''; and
            (D) by adding after paragraph (5) the following:
        ``(6) knowingly distributes, offers, sends, or provides to a 
    minor any visual depiction, including any photograph, film, video, 
    picture, or computer generated image or picture, whether made or 
    produced by electronic, mechanical, or other means, where such 
    visual depiction is, or appears to be, of a minor engaging in 
    sexually explicit conduct--
            ``(A) that has been mailed, shipped, or transported in 
        interstate or foreign commerce by any means, including by 
        computer;
            ``(B) that was produced using materials that have been 
        mailed, shipped, or transported in interstate or foreign 
        commerce by any means, including by computer; or
            ``(C) which distribution, offer, sending, or provision is 
        accomplished using the mails or by transmitting or causing to 
        be transmitted any wire communication in interstate or foreign 
        commerce, including by computer,
    for purposes of inducing or persuading a minor to participate in 
    any activity that is illegal.''; and
        (2) in subsection (b)(1), by striking ``paragraphs (1), (2), 
    (3), or (4)'' and inserting ``paragraph (1), (2), (3), (4), or 
    (6)''.

SEC. 504. OBSCENE CHILD PORNOGRAPHY.

    (a) In General.--Chapter 71 of title 18, United States Code, is 
amended by inserting after section 1466 the following:
``Sec. 1466A. Obscene visual representations of the sexual abuse of 
      children
    ``(a) In General.--Any person who, in a circumstance described in 
subsection (d), 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)(A) depicts a minor engaging in sexually explicit conduct; 
    and
        ``(B) is obscene; or
        ``(2)(A) depicts an image that is, or appears to be, of a minor 
    engaging in graphic bestiality, sadistic or masochistic abuse, or 
    sexual intercourse, including genital-genital, oral-genital, anal-
    genital, or oral-anal, whether between persons of the same or 
    opposite sex; and
        ``(B) lacks serious literary, artistic, political, or 
    scientific value;
or attempts or conspires to do so, shall be subject to the penalties 
provided in section 2252A(b)(1), including the penalties provided for 
cases involving a prior conviction.
    ``(b) Additional Offenses.--Any person who, in a circumstance 
described in subsection (d), knowingly possesses a visual depiction of 
any kind, including a drawing, cartoon, sculpture, or painting, that--
        ``(1)(A) depicts a minor engaging in sexually explicit conduct; 
    and
        ``(B) is obscene; or
        ``(2)(A) depicts an image that is, or appears to be, of a minor 
    engaging in graphic bestiality, sadistic or masochistic abuse, or 
    sexual intercourse, including genital-genital, oral-genital, anal-
    genital, or oral-anal, whether between persons of the same or 
    opposite sex; and
        ``(B) lacks serious literary, artistic, political, or 
    scientific value;
or attempts or conspires to do so, shall be subject to the penalties 
provided in section 2252A(b)(2), including the penalties provided for 
cases involving a prior conviction.
    ``(c) Nonrequired Element of Offense.--It is not a required element 
of any offense under this section that the minor depicted actually 
exist.
    ``(d) Circumstances.--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) Affirmative Defense.--It shall be an affirmative defense to a 
charge of violating subsection (b) that the defendant--
        ``(1) possessed less than 3 such visual depictions; and
        ``(2) promptly and in good faith, and without retaining or 
    allowing any person, other than a law enforcement agency, to access 
    any such visual depiction--
            ``(A) took reasonable steps to destroy each such visual 
        depiction; or
            ``(B) reported the matter to a law enforcement agency and 
        afforded that agency access to each such visual depiction.
    ``(f) Definitions.--For purposes of this section--
        ``(1) the term `visual depiction' includes undeveloped film and 
    videotape, and data stored on a computer disk or by electronic 
    means which is capable of conversion into a visual image, and also 
    includes any photograph, film, video, picture, digital image or 
    picture, computer image or picture, or computer generated image or 
    picture, whether made or produced by electronic, mechanical, or 
    other means;
        ``(2) the term `sexually explicit conduct' has the meaning 
    given the term in section 2256(2)(A) or 2256(2)(B); and
        ``(3) the term `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.''.
    (b) Technical and Conforming Amendment.--The table of sections at 
the beginning of such chapter is amended by inserting after the item 
relating to section 1466 the following new item:
``1466A. Obscene visual representations of the sexual abuse of 
          children.''.

    (c) Sentencing Guidelines.--
        (1) Category.--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 of such title, shall be the category of offenses 
    described in section 2G2.2 of the Sentencing Guidelines.
        (2) Ranges.--The Sentencing Commission may promulgate 
    guidelines specifically governing offenses under section 1466A of 
    title 18, United States Code, if such guidelines do not result in 
    sentencing ranges that are lower than those that would have applied 
    under paragraph (1).

SEC. 505. ADMISSIBILITY OF EVIDENCE.

    Section 2252A of title 18, United States Code, is amended by adding 
at the end the following:
    ``(e) Admissibility of Evidence.--On motion of the government, in 
any prosecution under this chapter or section 1466A, except for good 
cause shown, the name, address, social security number, or other 
nonphysical identifying information, other than the age or approximate 
age, of any minor who is depicted in any child pornography shall not be 
admissible and may be redacted from any otherwise admissible evidence, 
and the jury shall be instructed, upon request of the United States, 
that it can draw no inference from the absence of such evidence in 
deciding whether the child pornography depicts an actual minor.''.
    SEC. 506. EXTRATERRITORIAL PRODUCTION OF CHILD PORNOGRAPHY FOR 
      DISTRIBUTION IN THE UNITED STATES.
    Section 2251 of title 18, United States Code, is amended--
        (1) by striking ``subsection (d)'' each place that term appears 
    and inserting ``subsection (e)'';
        (2) by redesignating subsections (c) and (d) as subsections (d) 
    and (e), respectively; and
        (3) by inserting after subsection (b) the following:
    ``(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 
territories or possessions, 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 territories or possessions, 
    by any means, including by computer or mail; or
        ``(B) the person transports such visual depiction to the United 
    States, its territories or possessions, 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 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), by striking subparagraph (B);
            (B) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8) respectively;
            (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);''; 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. 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. 510. CIVIL REMEDIES.

    Section 2252A of title 18, United States Code, as amended by this 
Act, is amended by adding at the end the following:
    ``(f) Civil Remedies.--
        ``(1) In general.--Any person aggrieved by reason of the 
    conduct prohibited under subsection (a) or (b) or section 1466A may 
    commence a civil action for the relief set forth in paragraph (2).
        ``(2) Relief.--In any action commenced in accordance with 
    paragraph (1), the court may award appropriate relief, including--
            ``(A) temporary, preliminary, or permanent injunctive 
        relief;
            ``(B) compensatory and punitive damages; and
            ``(C) the costs of the civil action and reasonable fees for 
        attorneys and expert witnesses.''.

SEC. 511. RECORDKEEPING REQUIREMENTS.

    (a) In General.--Section 2257 of title 18, United States Code, is 
amended--
        (1) in subsection (d)(2), by striking ``of this section'' and 
    inserting ``of this chapter or chapter 71,'';
        (2) in subsection (h)(3), by inserting ``, computer generated 
    image, digital image, or picture,'' after ``video tape''; and
        (3) in subsection (i)--
            (A) by striking ``not more than 2 years'' and inserting 
        ``not more than 5 years''; and
            (B) by striking ``5 years'' and inserting ``10 years''.
    (b) Report.--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.
    SEC. 512. SENTENCING ENHANCEMENTS FOR INTERSTATE TRAVEL TO ENGAGE 
      IN SEXUAL ACT WITH A JUVENILE.
    Pursuant to its authority under section 994(p) of title 28, United 
States Code, and in accordance with this section, the United States 
Sentencing Commission shall review and, as appropriate, amend the 
Federal Sentencing Guidelines and policy statements to ensure that 
guideline penalties are adequate in cases that involve interstate 
travel with the intent to engage in a sexual act with a juvenile in 
violation of section 2423 of title 18, United States Code, to deter and 
punish such conduct.

SEC. 513. MISCELLANEOUS PROVISIONS.

    (a) Appointment of Trial Attorneys.--
        (1) In general.--Not later than 6 months after the date of 
    enactment of this Act, the Attorney General shall appoint 25 
    additional trial attorneys to the Child Exploitation and Obscenity 
    Section of the Criminal Division of the Department of Justice or to 
    appropriate United States Attorney's Offices, and those trial 
    attorneys shall have as their primary focus, the investigation and 
    prosecution of Federal child pornography and obscenity laws.
        (2) Authorization of appropriations.--There are authorized to 
    be appropriated to the Department of Justice such sums as may be 
    necessary to carry out this subsection.
    (b) Report to Congressional Committees.--
        (1) In general.--Not later than 9 months after the date of 
    enactment of this Act, and every 2 years thereafter, the Attorney 
    General shall report to the Chairpersons and Ranking Members of the 
    Committees on the Judiciary of the Senate and the House of 
    Representatives on the Federal enforcement actions under chapter 
    110 or section 1466A of title 18, United States Code.
        (2) Contents.--The report required under paragraph (1) shall 
    include--
            (A) an evaluation of the prosecutions brought under chapter 
        110 or section 1466A of title 18, United States Code;
            (B) an outcome-based measurement of performance; and
            (C) an analysis of the technology being used by the child 
        pornography industry.
    (c) Sentencing Guidelines.--Pursuant to its authority under section 
994(p) of title 28, United States Code, and in accordance with this 
section, the United States Sentencing Commission shall review and, as 
appropriate, amend the Federal Sentencing Guidelines and policy 
statements to ensure that the guidelines are adequate to deter and 
punish conduct that involves a violation of paragraph (3)(B) or (6) of 
section 2252A(a) of title 18, United States Code, as created by this 
Act. With respect to the guidelines for section 2252A(a)(3)(B), the 
Commission shall consider the relative culpability of promoting, 
presenting, describing, or distributing material in violation of that 
section as compared with solicitation of such material.

                   Subtitle B--Truth in Domain Names

SEC. 521. 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 on the 
Internet with the intent to deceive a person into viewing material 
constituting obscenity shall be fined under this title or imprisoned 
not more than 2 years, or both.
    ``(b) Whoever knowingly uses a misleading domain name on the 
Internet 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, consisting of nudity, sex, 
or excretion, that, taken as a whole and with reference to its 
context--
        ``(1) predominantly appeals to a prurient interest of minors;
        ``(2) is patently offensive to prevailing standards in the 
    adult community as a whole with respect to what is suitable 
    material for minors; and
        ``(3) lacks serious literary, artistic, political, or 
    scientific value for minors.
    ``(e) For the purposes of subsection (d), the term `sex' means acts 
of masturbation, sexual intercourse, or physcial contact with a 
person's genitals, or the condition of human male or female genitals 
when in a state of sexual stimulation or arousal.''.
    (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 item relating to section 2252A the following new item:
``2252B. Misleading domain names on the Internet.''.

                   TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. PENALTIES FOR USE OF MINORS IN CRIMES OF VIOLENCE.

    Chapter 1 of title 18, United States Code, is amended by adding at 
the end the following:

``Sec. 25. Use of minors in crimes of violence

    ``(a) Definitions.--In this section, the following definitions 
shall apply:
        ``(1) Crime of violence.--The term `crime of violence' has the 
    meaning set forth in section 16.
        ``(2) Minor.--The term `minor' means a person who has not 
    reached 18 years of age.
        ``(3) Uses.--The term `uses' means employs, hires, persuades, 
    induces, entices, or coerces.
    ``(b) Penalties.--Any person who is 18 years of age or older, who 
intentionally uses a minor to commit a crime of violence for which such 
person may be prosecuted in a court of the United States, or to assist 
in avoiding detection or apprehension for such an offense, shall--
        ``(1) for the first conviction, be subject to twice the maximum 
    term of imprisonment and twice the maximum fine that would 
    otherwise be authorized for the offense; and
        ``(2) for each subsequent conviction, be subject to 3 times the 
    maximum term of imprisonment and 3 times the maximum fine that 
    would otherwise be authorized for the offense.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 1 of title 18, United States Code, is amended by adding at the 
end the following:
``25. Use of minors in crimes of violence.''.

SEC. 602. SENSE OF CONGRESS.

    (a) Focus of Investigation and Prosecution.--It is the sense of 
Congress that the Child Exploitation and Obscenity Section of the 
Criminal Division of the Department of Justice should focus its 
investigative and prosecutorial efforts on major producers, 
distributors, and sellers of obscene material and child pornography 
that use misleading methods to market their material to children.
    (b) Voluntary Limitation on Website Front Pages.--It is the sense 
of Congress that the online commercial adult entertainment industry 
should voluntarily refrain from placing obscenity, child pornography, 
or material that is harmful to minors on the front pages of their 
websites to protect juveniles from material that may negatively impact 
their social, moral, and psychological development.

SEC. 603. COMMUNICATIONS DECENCY ACT OF 1996.

    Section 223 of the Communications Act of 1934 (47 U.S.C. 223) is 
amended--
        (1) in subsection (a)(1)--
            (A) in subparagraph (A), by striking ``, lewd, lascivious, 
        filthy, or indecent'' and inserting ``or child pornography''; 
        and
            (B) in subparagraph (B), by striking ``indecent'' and 
        inserting ``child pornography''; and
        (2) in subsection (d)(1), by striking ``, in context, depicts 
    or describes, in terms patently offensive as measured by 
    contemporary community standards, sexual or excretory activities or 
    organs'' and inserting ``is obscene or child pornography''.
    SEC. 604. INTERNET AVAILABILITY OF INFORMATION CONCERNING 
      REGISTERED SEX OFFENDERS.
    (a) In General.--Section 170101(e)(2) of the Violent Crime Control 
and Law Enforcement Act of 1994 (42 U.S.C. 14071(e)(2)) is amended by 
adding at the end the following: ``The release of information under 
this paragraph shall include the maintenance of an Internet site 
containing such information that is available to the public and 
instructions on the process for correcting information that a person 
alleges to be erroneous.''.
    (b) Compliance Date.--Each State shall implement the amendment made 
by this section within 3 years after the date of enactment of this Act, 
except that the Attorney General may grant an additional 2 years to a 
State that is making a good faith effort to implement the amendment 
made by this section.
    (c) National Internet Site.--The Crimes Against Children Section of 
the Criminal Division of the Department of Justice shall create a 
national Internet site that links all State Internet sites established 
pursuant to this section.
    SEC. 605. REGISTRATION OF CHILD PORNOGRAPHERS IN THE NATIONAL SEX 
      OFFENDER REGISTRY.
    (a) Jacob Wetterling Crimes Against Children and Sexually Violent 
Offender Registration Program.--Section 170101 of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended--
        (1) by striking the section heading and inserting the 
    following:
``SEC.170101.JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY 
VIOLENT OFFENDER REGISTRATION PROGRAM.'';
    and
        (2) in subsection (a)(3)--
            (A) in clause (vii), by striking ``or'' at the end;
            (B) by redesignating clause (viii) as clause (ix); and
            (C) by inserting after clause (vii) the following:
                ``(viii) production or distribution of child 
            pornography, as described in section 2251, 2252, or 2252A 
            of title 18, United States Code; or''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice, for each of fiscal years 
2004 through 2007, such sums as may be necessary to carry out the 
amendments made by this section.
    SEC. 606. GRANTS TO STATES FOR COSTS OF COMPLIANCE WITH NEW SEX 
      OFFENDER REGISTRY REQUIREMENTS.
    Section 170101(i)(3) of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14071(i)(3)) is amended to read as 
follows:
        ``(3) Authorization of Appropriations.--There is authorized to 
    be appropriated for each of the fiscal years 2004 through 2007 such 
    sums as may be necessary to carry out the provisions of section 
    1701(d)(10) of the Omnibus Crime Control and Safe Streets Act of 
    1968 (42 U.S.C. 3796dd(d)(10)), as added by the PROTECT Act.''.

SEC. 607. SAFE ID ACT.

    (a) Short Title.--This section may be cited as the ``Secure 
Authentication Feature and Enhanced Identification Defense Act of 
2003'' or ``SAFE ID Act''.
    (b) Fraud and False Statements.--
        (1) Offenses.--Section 1028(a) of title 18, United States Code, 
    is amended--
            (A) in paragraph (1), by inserting ``, authentication 
        feature,'' after ``an identification document'';
            (B) in paragraph (2)--
                (i) by inserting ``, authentication feature,'' after 
            ``an identification document''; and
                (ii) by inserting ``or feature'' after ``such 
            document'';
            (C) in paragraph (3), by inserting ``, authentication 
        features,'' after ``possessor)'';
            (D) in paragraph (4)--
                (i) by inserting ``, authentication feature,'' after 
            ``possessor)''; and
                (ii) by inserting ``or feature'' after ``such 
            document'';
            (E) in paragraph (5), by inserting ``or authentication 
        feature'' after ``implement'' each place that term appears;
            (F) in paragraph (6)--
                (i) by inserting ``or authentication feature'' before 
            ``that is or appears'';
                (ii) by inserting ``or authentication feature'' before 
            ``of the United States'';
                (iii) by inserting ``or feature'' after ``such 
            document''; and
                (iv) by striking ``or'' at the end;
            (G) in paragraph (7), by inserting ``or'' after the 
        semicolon; and
            (H) by inserting after paragraph (7) the following:
        ``(8) knowingly traffics in false authentication features for 
    use in false identification documents, document-making implements, 
    or means of identification;''.
        (2) Penalties.--Section 1028(b) of title 18, United States 
    Code, is amended--
            (A) in paragraph (1)--
                (i) in subparagraph (A)--

                    (I) by inserting ``, authentication feature,'' 
                before ``or false''; and
                    (II) in clause (i), by inserting ``or 
                authentication feature'' after ``document''; and

                (ii) in subparagraph (B), by inserting ``, 
            authentication features,'' before ``or false''; and
            (B) in paragraph (2)(A), by inserting ``, authentication 
        feature,'' before ``or a false''.
        (3) Circumstances.--Section 1028(c)(1) of title 18, United 
    States Code, is amended by inserting ``, authentication feature,'' 
    before ``or false'' each place that term appears.
        (4) Definitions.--Section 1028(d) of title 18, United States 
    Code, is amended--
            (A) by redesignating paragraphs (1), (2), (3), (4), (5), 
        (6), (7), and (8) as paragraphs (2), (3), (4), (7), (8), (9), 
        (10), and (11), respectively;
            (B) by inserting before paragraph (2), as redesignated, the 
        following:
        ``(1) the term `authentication feature' means any hologram, 
    watermark, certification, symbol, code, image, sequence of numbers 
    or letters, or other feature that either individually or in 
    combination with another feature is used by the issuing authority 
    on an identification document, document-making implement, or means 
    of identification to determine if the document is counterfeit, 
    altered, or otherwise falsified;'';
            (C) in paragraph (4)(A), as redesignated, by inserting ``or 
        was issued under the authority of a governmental entity but was 
        subsequently altered for purposes of deceit'' after ``entity'';
            (D) by inserting after paragraph (4), as redesignated, the 
        following:
        ``(5) the term `false authentication feature' means an 
    authentication feature that--
            ``(A) is genuine in origin, but, without the authorization 
        of the issuing authority, has been tampered with or altered for 
        purposes of deceit;
            ``(B) is genuine, but has been distributed, or is intended 
        for distribution, without the authorization of the issuing 
        authority and not in connection with a lawfully made 
        identification document, document-making implement, or means of 
        identification to which such authentication feature is intended 
        to be affixed or embedded by the respective issuing authority; 
        or
            ``(C) appears to be genuine, but is not;
        ``(6) the term `issuing authority'--
            ``(A) means any governmental entity or agency that is 
        authorized to issue identification documents, means of 
        identification, or authentication features; and
            ``(B) includes the United States Government, a State, a 
        political subdivision of a State, a foreign government, a 
        political subdivision of a foreign government, or an 
        international government or quasi-governmental organization;'';
            (E) in paragraph (10), as redesignated, by striking ``and'' 
        at the end;
            (F) in paragraph (11), as redesignated, by striking the 
        period at the end and inserting ``; and''; and
            (G) by adding at the end the following:
        ``(12) the term `traffic' means--
            ``(A) to transport, transfer, or otherwise dispose of, to 
        another, as consideration for anything of value; or
            ``(B) to make or obtain control of with intent to so 
        transport, transfer, or otherwise dispose of.''.
        (5) Additional penalties.--Section 1028 of title 18, United 
    States Code, is amended--
            (A) by redesignating subsection (h) as subsection (i); and
            (B) by inserting after subsection (g) the following:
    ``(h) Forfeiture; Disposition.--In the circumstance in which any 
person is convicted of a violation of subsection (a), the court shall 
order, in addition to the penalty prescribed, the forfeiture and 
destruction or other disposition of all illicit authentication 
features, identification documents, document-making implements, or 
means of identification.''.
        (6) Technical and conforming amendment.--Section 1028 of title 
    18, United States Code, is amended in the heading by inserting ``, 
    authentication features,'' after ``documents''.

SEC. 608. ILLICIT DRUG ANTI-PROLIFERATION ACT.

    (a) Short Title.--This section may be cited as the ``Illicit Drug 
Anti-Proliferation Act of 2003''.
    (b) Offenses.--
        (1) In general.--Section 416(a) of the Controlled Substances 
    Act (21 U.S.C. 856(a)) is amended--
            (A) in paragraph (1), by striking ``open or maintain any 
        place'' and inserting ``open, lease, rent, use, or maintain any 
        place, whether permanently or temporarily,''; and
            (B) by striking paragraph (2) and inserting the following:
        ``(2) manage or control any place, whether permanently or 
    temporarily, either as an owner, lessee, agent, employee, occupant, 
    or mortgagee, and knowingly and intentionally rent, lease, profit 
    from, or make available for use, with or without compensation, the 
    place for the purpose of unlawfully manufacturing, storing, 
    distributing, or using a controlled substance.''.
        (2) Technical amendment.--The heading to section 416 of the 
    Controlled Substances Act (21 U.S.C. 856) is amended to read as 
    follows:
``SEC. 416. MAINTAINING DRUG-INVOLVED PREMISES.''.
        (3) Conforming amendment.--The table of contents to title II of 
    the Comprehensive Drug Abuse and Prevention Act of 1970 is amended 
    by striking the item relating to section 416 and inserting the 
    following:
``Sec. 416. Maintaining drug-involved premises.''.

    (c) Civil Penalty and Equitable Relief for Maintaining Drug-
Involved Premises.--Section 416 of the Controlled Substances Act (21 
U.S.C. 856) is amended by adding at the end the following:
    ``(d)(1) Any person who violates subsection (a) shall be subject to 
a civil penalty of not more than the greater of--
        ``(A) $250,000; or
        ``(B) 2 times the gross receipts, either known or estimated, 
    that were derived from each violation that is attributable to the 
    person.
    ``(2) If a civil penalty is calculated under paragraph (1)(B), and 
there is more than 1 defendant, the court may apportion the penalty 
between multiple violators, but each violator shall be jointly and 
severally liable for the civil penalty under this subsection.
    ``(e) Any person who violates subsection (a) shall be subject to 
declaratory and injunctive remedies as set forth in section 403(f).''.
    (d) Declaratory and Injunctive Remedies.--Section 403(f)(1) of the 
Controlled Substances Act (21 U.S.C. 843(f)(1)) is amended by striking 
``this section or section 402'' and inserting ``this section, section 
402, or 416''.
    (e) Sentencing Commission Guidelines.--The United States Sentencing 
Commission shall--
        (1) review the Federal sentencing guidelines with respect to 
    offenses involving gamma hydroxybutyric acid (GHB);
        (2) consider amending the Federal sentencing guidelines to 
    provide for increased penalties such that those penalties reflect 
    the seriousness of offenses involving GHB and the need to deter 
    them; and
        (3) take any other action the Commission considers necessary to 
    carry out this section.
    (f) Authorization of Appropriations for a Demand Reduction 
Coordinator.--There is authorized to be appropriated $5,900,000 to the 
Drug Enforcement Administration of the Department of Justice for the 
hiring of a special agent in each State to serve as a Demand Reduction 
Coordinator.
    (g) Authorization of Appropriations for Drug Education.--There is 
authorized to be appropriated such sums as necessary to the Drug 
Enforcement Administration of the Department of Justice to educate 
youth, parents, and other interested adults about club drugs.

SEC. 609. DEFINITION OF VEHICLE.

    Section 1993(c) of title 18, United States Code, is amended--
        (1) in paragraph (7), by striking ``and'' at the end;
        (2) in paragraph (8), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(9) the term `vehicle' means any carriage or other 
    contrivance used, or capable of being used, as a means of 
    transportation on land, water, or through the air.''.

SEC. 610. AUTHORIZATION OF JOHN DOE DNA INDICTMENTS.

    (a) Limitation.--Section 3282 of title 18, United States Code, is 
amended--
        (1) by striking ``Except'' and inserting the following:
    ``(a) In General.--Except''; and
        (2) by adding at the end the following:
    ``(b) DNA Profile Indictment.--
        ``(1) In general.--In any indictment for an offense under 
    chapter 109A for which the identity of the accused is unknown, it 
    shall be sufficient to describe the accused as an individual whose 
    name is unknown, but who has a particular DNA profile.
        ``(2) Exception.--Any indictment described under paragraph (1), 
    which is found not later than 5 years after the offense under 
    chapter 109A is committed, shall not be subject to--
            ``(A) the limitations period described under subsection 
        (a); and
            ``(B) the provisions of chapter 208 until the individual is 
        arrested or served with a summons in connection with the 
        charges contained in the indictment.
        ``(3) Defined term.--For purposes of this subsection, the term 
    `DNA profile' means a set of DNA identification characteristics.''.
    (b) Rules of Criminal Procedure.--Rule 7(c)(1) of the Federal Rules 
of Criminal Procedure is amended by adding at the end the following: 
``For purposes of an indictment referred to in section 3282 of title 
18, United States Code, for which the identity of the defendant is 
unknown, it shall be sufficient for the indictment to describe the 
defendant as an individual whose name is unknown, but who has a 
particular DNA profile, as that term is defined in that section 
3282.''.
    SEC. 611. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS 
      OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT.
    Subtitle B of the Violence Against Women Act of 1994 (42 U.S.C. 
13701 note; 108 Stat. 1925) is amended by adding at the end the 
following:

``CHAPTER 11--TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS 
           OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT

``SEC. 40299. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS 
OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT.
    ``(a) In General.--The Attorney General, acting in consultation 
with the Director of the Violence Against Women Office of the 
Department of Justice, shall award grants under this section to States, 
units of local government, Indian tribes, and other organizations 
(referred to in this section as the `recipient') to carry out programs 
to provide assistance to minors, adults, and their dependents--
        ``(1) who are homeless, or in need of transitional housing or 
    other housing assistance, as a result of fleeing a situation of 
    domestic violence; and
        ``(2) for whom emergency shelter services or other crisis 
    intervention services are unavailable or insufficient.
    ``(b) Grants.--Grants awarded under this section may be used for 
programs that provide--
        ``(1) short-term housing assistance, including rental or 
    utilities payments assistance and assistance with related expenses 
    such as payment of security deposits and other costs incidental to 
    relocation to transitional housing for persons described in 
    subsection (a); and
        ``(2) support services designed to enable a minor, an adult, or 
    a dependent of such minor or adult, who is fleeing a situation of 
    domestic violence to--
            ``(A) locate and secure permanent housing; and
            ``(B) integrate into a community by providing that minor, 
        adult, or dependent with services, such as transportation, 
        counseling, child care services, case management, employment 
        counseling, and other assistance.
    ``(c) Duration.--
        ``(1) In general.--Except as provided in paragraph (2), a 
    minor, an adult, or a dependent, who receives assistance under this 
    section shall receive that assistance for not more than 18 months.
        ``(2) Waiver.--The recipient of a grant under this section may 
    waive the restriction under paragraph (1) for not more than an 
    additional 6 month period with respect to any minor, adult, or 
    dependent, who--
            ``(A) has made a good-faith effort to acquire permanent 
        housing; and
            ``(B) has been unable to acquire permanent housing.
    ``(d) Application.--
        ``(1) In general.--Each eligible entity desiring a grant under 
    this section shall submit an application to the Attorney General at 
    such time, in such manner, and accompanied by such information as 
    the Attorney General may reasonably require.
        ``(2) Contents.--Each application submitted pursuant to 
    paragraph (1) shall--
            ``(A) describe the activities for which assistance under 
        this section is sought; and
            ``(B) provide such additional assurances as the Attorney 
        General determines to be essential to ensure compliance with 
        the requirements of this section.
        ``(3) Application.--Nothing in this subsection shall be 
    construed to require--
            ``(A) victims to participate in the criminal justice system 
        in order to receive services; or
            ``(B) domestic violence advocates to breach client 
        confidentiality.
    ``(e) Report to the Attorney General.--
        ``(1) In general.--A recipient of a grant under this section 
    shall annually prepare and submit to the Attorney General a report 
    describing--
            ``(A) the number of minors, adults, and dependents assisted 
        under this section; and
            ``(B) the types of housing assistance and support services 
        provided under this section.
        ``(2) Contents.--Each report prepared and submitted pursuant to 
    paragraph (1) shall include information regarding--
            ``(A) the amount of housing assistance provided to each 
        minor, adult, or dependent, assisted under this section and the 
        reason for that assistance;
            ``(B) the number of months each minor, adult, or dependent, 
        received assistance under this section;
            ``(C) the number of minors, adults, and dependents who--
                ``(i) were eligible to receive assistance under this 
            section; and
                ``(ii) were not provided with assistance under this 
            section solely due to a lack of available housing; and
            ``(D) the type of support services provided to each minor, 
        adult, or dependent, assisted under this section.
    ``(f) Report to Congress.--
        ``(1) Reporting requirement.--The Attorney General, with the 
    Director of the Violence Against Women Office, shall annually 
    prepare and submit to the Committee on the Judiciary of the House 
    of Representatives and the Committee on the Judiciary of the Senate 
    a report that contains a compilation of the information contained 
    in the report submitted under subsection (e).
        ``(2) Availability of report.--In order to coordinate efforts 
    to assist the victims of domestic violence, the Attorney General, 
    in coordination with the Director of the Violence Against Women 
    Office, shall transmit a copy of the report submitted under 
    paragraph (1) to--
            ``(A) the Office of Community Planning and Development at 
        the United States Department of Housing and Urban Development; 
        and
            ``(B) the Office of Women's Health at the United States 
        Department of Health and Human Services.
    ``(g) Authorization of Appropriations.--
        ``(1) In general.--There are authorized to be appropriated to 
    carry out this section $30,000,000 for each of the fiscal years 
    2004 through 2008.
        ``(2) Limitations.--Of the amount made available to carry out 
    this section in any fiscal year, not more than 3 percent may be 
    used by the Attorney General for salaries and administrative 
    expenses.
        ``(3) Minimum amount.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        unless all eligible applications submitted by any States, units 
        of local government, Indian tribes, or organizations within a 
        State for a grant under this section have been funded, that 
        State, together with the grantees within the State (other than 
        Indian tribes), shall be allocated in each fiscal year, not 
        less than 0.75 percent of the total amount appropriated in the 
        fiscal year for grants pursuant to this section.
            ``(B) Exception.--The United States Virgin Islands, 
        American Samoa, Guam, and the Northern Mariana Islands shall 
        each be allocated not less than 0.25 percent of the total 
        amount appropriated in the fiscal year for grants pursuant to 
        this section.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.