[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.