Congressional Record, Volume 148 Issue 113 (Tuesday, September 10, 2002)

[Congressional Record Volume 148, Number 113 (Tuesday, September 10, 2002)]
[Senate]
[Pages S8436-S8441]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NATIONAL AMBER ALERT NETWORK ACT OF 2002

The PRESIDING OFFICER (Mr. MILLER). The Senator from Texas.
Mrs. HUTCHISON. Mr. President, I ask unanimous consent the Senate
immediately proceed to Calendar No. 566, S. 2896.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:

A bill (S. 2896) to enhance the operation of the AMBER
Alert communications network in order to facilitate the
recovery of abducted children, to provide for enhanced
notification on highways of alerts and information on such
children, and for other purposes.

There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on the Judiciary, with an
amendment to strike all after the enacting clause and inserting in lieu
thereof the following:
[Strike the part printed in black brackets and insert the part
printed in italic.]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

[SECTION 1. SHORT TITLE.

[This Act may be cited as the ``National AMBER Alert
Network Act of 2002''.

[SEC. 2. 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.

[SEC. 3. 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
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.
[(3) 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. 4. 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) Activities.--Activities funded by grants under the
program under subsection (a) may include--
[(1) the development or enhancement of electronic message
boards along highways and the placement of additional signage
along highways; and
[(2) the development or enhancement of other means of
disseminating along highways alerts and other information for
the recovery of abducted children.
[(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 Secretary 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 Secretary 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

[[Page S8437]]

the Department of Transportation for fiscal year 2003 such
sums as may be necessary to carry out this section.
[(2) Amounts appropriated pursuant to the authorization of
appropriations in paragraph (1) shall remain available until
expended.

[SEC. 5. 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; and
[(3) such other activities as the Secretary 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
for fiscal year 2003 such sums as may be necessary to carry
out this section.
[(2) Amounts appropriated pursuant to the authorization of
appropriations in paragraph (1) shall remain available until
expended.]

SECTION 1. SHORT TITLE.

This Act may be cited as the ``National AMBER Alert Network
Act of 2002''.

SEC. 2. 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 and Cooperation.--(1) 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.
(2) The Coordinator shall cooperate with the Secretary of
Transportation and the Federal Communications Commission in
carrying out activities under this section.
(3) In preparation for carrying out duties under subsection
(b), the Coordinator shall consult with the National Center
for Missing and Exploited Children and other private sector
entities and organizations (including non-profit
organizations) having expertise in matters relating to such
duties.

SEC. 3. 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
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.
(3) 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 and Consultation.--(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.
(3) The Coordinator shall also consult with the National
Center for Missing and Exploited Children and other private
sector entities and organizations (including non-profit
organizations) having an expertise in matters relating to the
minimum standards to be established under this section in
establishing the minimum standards.

SEC. 4. 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) Activities.--Activities funded by grants under the
program under subsection (a) may include--
(1) the development or enhancement of electronic message
boards along highways and the placement of additional signage
along highways; and
(2) the development or enhancement of other means of
disseminating along highways alerts and other information for
the recovery of abducted children.
(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
Secretary 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 Secretary 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
Transportation for fiscal year 2003 such sums as may be
necessary to carry out this section.
(2) Amounts appropriated pursuant to the authorization of
appropriations in paragraph (1) shall remain available until
expended.

SEC. 5. 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; and
(3) 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
for fiscal year 2003 such sums as may be necessary to carry
out this section.
(2) Amounts appropriated pursuant to the authorization of
appropriations in paragraph (1) shall remain available until
expended.
Mrs. HUTCHISON. Mr. President, I would like to speak on the bill. My
colleague, Senator Feinstein, will speak, and then I would like to have
the bill passed following those remarks.
Mr. President, I am so proud that the Senate Judiciary Committee has
already passed the AMBER Alert bill on which Senator Feinstein and I
worked during the recess, after the tragic happening in California with
the teenage girls who were lost but then found because of AMBER Alert,
and the tragic kidnapping in Texas of a baby who was also found because
of the AMBER Alert.
Although in numbers the child abductions through the summer weren't
any more than previous years, they seemed so much more because we knew
about them and we were able to do something about them. Not all of them
have had a happy ending, but more than ever before have had a happy
ending.
The realization that their child has been abducted must be the most
terrifying nightmare a parent can endure.

[[Page S8438]]

But that is what has happened to parent after parent in our country.
The AMBER Alert bill is named for Amber Hagerman, who was abducted
when she was 9 years old, riding her bicycle near her home in
Arlington, TX, in 1996. Amber was murdered. But her mother and law
enforcement personnel in the Arlington-Dallas-Fort Worth area believed
so strongly there should be some way to do something that would find
these children that they created the AMBER Alert on a local level.
Today, cities, regions, and States have established AMBER Alerts and
30 abducted children have been found and rescued because of the AMBER
Alert.
Most of the credit for this remarkable record goes to the National
Center for Missing and Exploited Children, which provides technical
guidance to communities and coordination among widely separated AMBER
networks. And the Center could not be effective without the willing
cooperation of the National Association of Broadcasters and local
television and radio stations across the nation.
As we have witnessed this summer, AMBER Alert plans in different
communities have been effective in bringing children home safely.
Recently, an AMBER Alert was sent out to search for 10-year-old Nichole
Timmons of Riverside, California. The Alert was not only delivered
throughout California but contacts also were made in neighboring
states, and Nichole was found in Nevada. Nichole and her family were
extremely lucky because dedicated people at the National Center for
Missing and Exploited Children made the effort to notify every possible
jurisdiction, and local broadcasters devoted previous air time to the
Alert. The vast majority of States, however, do not yet have
comprehensive, statewide coverage and lack the ability to effectively
communicate between plans. This is a critical issue particularly when
an abducted child is taken across State lines.
Nichole's case clearly illustrates the need for a national AMBER
network. My bill, the National AMBER Alert Network Act, prepared with
the help of my friend, Dianne Feinstein of California, will fill the
gaps that exist in the current patchwork of AMBER systems. We will
provide resources for states and communities to build their AMBER Alert
systems and spread information to surrounding jurisdictions.
Our bill establishes an AMBER Alert Coordinator within the Department
of Justice to assist states with their AMBER Alert plans. The AMBER
Alert Coordinator will set minimum, voluntary standards to help states
coordinate when necessary. The AMBER Alert Coordinator will help to
reconcile the different standards for what constitutes an AMBER alert.
In doing so, the Coordinator will work with existing participants,
including the National Center for Missing and Exploited Children, local
and state law enforcement and broadcasters to define minimum standards.
Overall, the AMBER Alert Coordinator's efforts will set safeguards to
make sure the AMBER system is used to meet its intended purpose.
In addition, the bill provides for matching grant programs at the
Department of Transportation and the Department of Justice. The grant
programs will help localities and states build or further enhance their
efforts to disseminate AMBER Alerts. To this end, the matching grant
programs will fund road signage and electronic message boards along
highways, dissemination of information on abducted children, education
and training, and related equipment.
When a child is lost, the whole community grieves along with the
family. An AMBER Alert channels this energy to a positive purpose. Tips
from average citizens have resulted in the safe and rapid recovery of
many children. We can spread the work about abducted children across
county and state lines quickly, before the kidnappers have the chance
to cover their tracks and get too far away.
I was very touched, when Senator Feinstein and I decided we were
going to introduce this National AMBER Alert bill, that Mr. Ed Smart,
the father of Elizabeth Smart, who was abducted from her home in Utah
and who has not been found, had a press conference with Senator Bennett
from Utah to say: Please enact this national system. Maybe it could
have helped if we had had that in place.
Senator Hatch from Utah was so helpful in making sure the Judiciary
Committee did expedite the passage of this bill. We could not have done
it without Senator Leahy, who allowed us to go forward, really, in
miracle record time. Senator Clinton came forward immediately to offer
her help. So we have had a lot of people working on this issue. I do
not think the Senate has ever come together so uniformly and so quickly
to enact a piece of legislation as this AMBER Alert bill.
It is important that we enact this bill and that the President be
able to sign it before we leave for a 3-month recess because there is
no telling how many children could be helped if we had this in place
and ready to go.
In memory of Amber Hagerman and for every family ravaged by the
tragedy of child abduction, I urge my colleagues to pass the National
AMBER Alert Network Act to safeguard America's children.
The PRESIDING OFFICER. The Senator from California is recognized.
Mrs. FEINSTEIN. Mr. President, I would like to begin by thanking the
distinguished Senator from Texas for her leadership, for her
perspicacity, for her work on this bill. We have to remember this bill
was introduced exactly 1 week ago. We had hearings. It is on the floor.
It is going to be passed today.

I hope it sends a message to the Nation. I hope that message is, if
yours is a State that doesn't have an AMBER Alert, let us get one. Let
me tell you why.
Seventy-four percent of the children who are abducted are lost within
the first day. Therefore, if you can identify the abductor, if you can
identify a license plate, you may well save the life of a child.
I think that came in loudly and clearly to both Senator Hutchison and
me in the Judiciary Committee.
The Senator mentioned Nichole Timmons and her mother Sharon. It was
interesting. Nichole was kidnapped by the gardener who worked at their
home. She was taken across the State line from Riverside County into
Nevada. Within 24 hours, a tribal officer in Nevada recognized the
license plate of the vehicle, and that went out on an AMBER Alert.
There was duct tape in that car. There was a metal rod in that car. If
the license had not been run, Nichole never would have come home. The
AMBER Alert worked.
In my State of California, we have only had the AMBER Alert for about
a month. There have been 13 AMBER Alerts. One was a misstep. Eight were
stranger abductions. Four were family-related abductions. All 12 of
those children were returned. Never before have I seen a statistic such
as that.
We know the AMBER Alert works. Now we have an opportunity to get this
nationwide.
I think the bill is thoughtful. I think it is well set out.
Since 1996, when the AMBER Alert went into being, it has been
credited with the return of 30 children to their families, including
one case in which the abductor, interestingly enough, released the
child himself after hearing the alert. In other words, it can act as a
deterrent as well.
What is more important than our children, other than war and peace? I
don't think anything. This is really important because it means you can
avoid a child being murdered simply by issuing this AMBER Alert.
The Senator has indicated the various points of the bill. But I want
to say this. The AMBER Alert is typically issued only when a law
enforcement agency confirms that a predatory child abduction has
occurred. When the child is in imminent danger and there is information
available that is disseminated to the public, they can assist in the
safe recovery of the child.
In the bill, we have provided that the Attorney General would set
these minimum standards. So the same standards would be used across
every State, probably close to what I have read, and therefore avoid a
plethora of unnecessary AMBER Alerts. We can have a system which really
functions well in those cases where the likelihood is that something
grievous could in fact happen to that child.
I am hopeful that we will shortly have a national system with 15
AMBER Alerts. We are very proud that the National Association of
Broadcasters is

[[Page S8439]]

strongly supportive. As you know, when an AMBER Alert goes out, it
interrupts the television program or radio program. It is on the
highway. That is what gives the broad knowledge to people.
Interestingly enough, at the hearing, Marc Klaas was also there. His
daughter Polly several years ago--in the mid-1990s--was taken from her
bedroom when she had a sleepover with a number of girls in her home.
Someone came into her home and took her. He truly believes that had
AMBER Alert been in place, Polly might have been saved.
At that hearing, we had Nichole and her mother. She was saved. And we
had Marc Klaas, who lost his daughter because there was not an AMBER
Alert. For many of us, it was a real juxtaposition.
I thank the Center for Missing and Exploited Children. I thank my
colleague, Senator Hutchison. I particularly thank the chairman of the
Judiciary Committee. Without Senator Leahy, this bill couldn't have
been put on the calendar, it couldn't have been marked up, and it
couldn't have been moved in the very short time in which it was.
I think it has accomplished something for our children today. It will
pass unanimously. Only 15 States have it. And hopefully other States
are going to move very rapidly. Hopefully one day Senator Hutchison and
I will be able to come before you, Mr. President, and the rest of this
body, and say that every State in the United States today has an AMBER
Alert. Here are the statistics, ladies and gentlemen. We have saved a
lot of children and had them returned to their parents.
I only say to the Senator, my friend, good work. I am delighted to be
here today.
I thank my colleagues for voting for this bill.
The PRESIDING OFFICER. The Senator from Texas.
Mrs. HUTCHISON. Mr. President, I thank the Senator from California
for jumping right in after the tragic abduction of the teenage girls.
Those lives were probably saved 5 minutes before they would have been
murdered. That is what the testimony was. It was the result of the
AMBER Alert, which is a statewide system in California. Senator
Feinstein, as the Senator from the home State, has an emotional tie to
this issue. I just hope we can prevent in other States other parents
from having this kind of scare in their lives. At least, if they have
the scare, we will be able to help them and save the lives of the most
innocent in our society. Of course, that is our children.
I send a list of cosponsors--we have 38--to the desk and ask that
they be printed in the Record.
There being no objection, the list of cosponsors was ordered to be
printed in the Record, as follows:

S. 2896--Hutchison-Feinstein AMBER Alert Bill of 2002

co-sponsors (38)

Democrats: Senators Biden, Carnahan, Cleland, Clinton,
Dayton, Dodd, Durbin, Edwards, Feingold, Feinstein, Harkin,
Johnson, Landrieu, Leahy, Bill Nelson, Rockefeller, Stabenow,
and Wyden.
Republicans: Senators Allard, Bennett, Collins, Crapo,
Ensign, Fitzgerald, Hatch, Helms, Hutchinson, Inhofe, Kyl,
Lott, Lugar, Santorum, Sessions, Gordon Smith, Snowe,
Thurmond, Voinovich, and McConnell.

Mrs. HUTCHISON. Mr. President, it is my understanding that other
Senator's wish to speak. I was not sure if Senator Nelson wanted to
speak before we passed the bill. I want to make sure we pass the bill.
I don't know if we need to wait for other Senators before we do that.
The PRESIDING OFFICER. The Senator from Florida is recognized.
Mr. NELSON of Florida. Mr. President, if the Senator from Texas would
be amenable, while we are waiting for Senators, I have remarks with
regard to another matter. It is my understanding that we are in morning
business. I can accommodate you all in whatever way you would like.
Senators could insert their remarks in the Record after the fact.
Mrs. HUTCHISON. I think that is probably what we would like to do. I
would like to then go forward.
Mrs. FEINSTEIN. Mr. President, over the last few months the American
people have awakened to the tragic reality that our children face the
very real threat of predatory criminals each and every day.
The airwaves have been filled with story after story of children who
have been abducted, sometimes to be found alive later thanks to an
AMBER alert or good law enforcement work; sometimes to be found,
tragically, dead; and sometimes never to be found at all.
This is not a new problem, but the increased attention to the problem
gives us a real opportunity to make some much-needed changes in the law
to prevent some of these horrible crimes and to better protect the
children of this Nation.
The bill Senator Hatch and I introduce today will help ensure that
law enforcement officers have the tools and resources they need to
find, prosecute, and severely punish those who commit crimes against
innocent children.
Specifically, the Hatch-Feinstein Child Crime Bill would do the
following:
First, the legislation directs the FBI to establish a National Crimes
Against Children Response Center. This Center would have as its primary
mission the development of a comprehensive, rapid response plan to
reported crimes involving the victimization of children. Working
undoubtedly in conjunction with the National Center for Missing and
Exploited Children, the AMBER Alert systems nationwide, and other
agencies and private entities as well, this Center would be the focal
point for seeing that the victimization of children does not go
unsolved, or unpunished.
Second, the legislation will create a new Crimes Against Children
Section at the Department of Justice, tasked with prosecuting crimes
against children; providing guidance and assistance to Federal, State,
and local law enforcement agencies and personnel who handle such cases;
coordinating efforts with international law enforcement agencies to
combat crimes against children; and acting as a liaison with the
legislative and judicial branches of government.
The bill also directs this new office in DOJ to create a national
Internet site that will consolidate sex offender information which
States currently release under the federal reporting act.
The bill also directs States that have not developed Internet sites
to do so. Currently, all 50 States have registration statutes that
require sex offenders to register and to share information with the
United States Attorney General through the Federal Bureau of
Investigation, and over 30 States make offender information available
to the public on the Internet. But not all States include all available
information, and there is no single place to easily acquire this
information about local sex offenders. The national database will be
such a place.
The legislation also prevents the use of the so-called ``Marital
Privilege'' to allow one spouse to protect another in cases where a
parent, guardian or supervising adult has abused a child in the home.
If an adult is abusing a child in his or her own home, it is vital to
put a stop to the situation. Allowing a spouse to refuse to testify
about the abuse by asserting an outdated ``marital privilege'' puts the
child at continuing risk. This makes no sense.
In order to assist law enforcement track and punish child predators
and other violent criminals, this legislation also expands the class of
offenses that are included in the Combined DNA Index System, CODIS, by
adding to the system all Federal felonies and additional offenses
that subject Federal offenders to sex registration requirements.
Currently, only select Federal offenses are entered in CODIS.

The bill makes two modifications to Rule 414 of the Federal Rules of
Evidence, which already allows evidence of a defendant's prior acts of
child molestation to be admitted in a criminal child molestation case.
Unfortunately, the definition of prior acts of child abuse includes
only children under 14, so acts against 15 or 16-year olds, for
instance, are inadmissable. This legislation extends the definition of
``child'' contained in Rule 414 to include any person below the age of
18--rather than age 14.
And the amendment also makes clear that where a defendant previously
possessed what may have been virtual, as opposed to actual, child
pornography, such evidence is admissible under Rule 414.

[[Page S8440]]

We have also included language to expand the Federal Wiretap Act by
adding as predicate offenses to the statute, sex trafficking, sex
exploitation, and other interstate sex offenses. Currently, the wiretap
statute authorizes the interception of wire, oral, or electronic
communications in the investigation of just two sexual exploitation of
children crimes.
To obtain a wiretap, law enforcement authorities will still need to
meet the strict statutory guidelines of the wiretap statute and obtain
authorization from a court.
The legislation would also extend the maximum supervised release
period that applies to sexual offenders, by granting Federal judges the
discretion to impose up to lifetime periods of supervised release for
individuals who are convicted of sexual abuse, sexual exploitation,
transportation for illegal sexual activity, or sex trafficking
offenses.
Under current law, a judge can impose no more than 5 years of
supervised release for a serious felony, and no more than 3 years for a
lesser categorized offense. This amendment will not require judges to
impose a period of supervised release longer than 5 years; it simply
authorizes them to do so where the judge sees fit based on the nature
and circumstances of the particular case. Some sexual offenders may
pose a potential risk to their communities for longer than 5 years, and
discretion to supervise those offenders past an artificial time limit
is simply common sense.
The legislation also increases the maximum penalties that apply to
certain sexual offenses, by doubling the maximum penalties for sex
offenses involving the trafficking of children and other interstate
elements. This will allow the Sentencing Commission, and federal
judges, greater latitude in determining sentences for the worst of
offenders. No changes are made to mandatory minimums.
Finally, we direct the Sentencing Commission to review the guidelines
that apply to child abuse and exploitation offenses to determine
whether they are sufficiently severe.
Earlier this month Senator Hutchinson and I introduced legislation to
help establish a national AMBER alert system. These systems have been
proven effective in finding abducted children quickly, and most
certainly saving some lives. That bill, which will pass tonight is one
step in protecting our children from dangerous predators.
The bill I introduce today with my good friend Senator Hatch is
simply another piece of the anti-predator puzzle. I hope my colleagues
will join us in this effort.
Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the
Senate agree to the committee substitute amendment, that the bill, as
amended, be read a third time and passed, the motion to reconsider be
laid upon the table, and that any statements relating to the bill be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment in the nature of substitute was agreed to.
The bill (S. 2896) was read the third time and passed.
Mrs. HUTCHISON. Thank you, Mr. President. I thank the Senator from
Florida.
I do not know if a bill has ever gone through the Senate any faster.
It couldn't have happened without Senator Leahy. I think passing this
kind of bill before we leave for 3 months could be responsible for
saving lives.
I am just so appreciative that we can go forward and that every
single Senator on both sides of the aisle will give their consent to
this bill passing.
So, Mr. President, I thank the Senator from Vermont for his
leadership and for helping us work through what could have been a
delay, but it was not because of his leadership.
The PRESIDING OFFICER. The Senator from Vermont is recognized.
Mr. LEAHY. Mr. President, I thank my good friend from Texas for her
kind remarks, but I was simply able to expedite the very good work that
she and the distinguished Senator from California have done.
I note that what has happened here is an idea which has come from the
Senator from Texas and the Senator from California, who have worked
together in a bipartisan fashion. Actually, this is a nonpartisan
issue. They are both parents. The Senator from Texas knows how much I
admire her work as a parent, as I do the Senator from California.
Whether or not you are a parent, the most terrifying experience is
for a child to be suddenly missing, especially if foul play is
involved. I am not talking about a child getting lost on the way home
from school who is going to show up an hour later because all the
neighbors are out looking for that child or a child who stayed too long
at a friend's house and forgot to call and then calls a frantic parent
45 minutes or an hour later and says, ``Gee, I forgot to tell you I was
at Johnny's or Susie's house,'' or something like that. This comes into
play in a case where, much as you hate to suspect there may be foul
play, there may well be.
If you can return one child--one child--to the parents, look at what
you have done. If you can return hundreds, which is the potential with
this legislation, look how much more you have done.
It is the case where you have big States, such as those of the
Senator from Texas and the Senator from California. They come from very
large States: large graphically, large in population. I come from a
very small State: small in geography, small in population. But if you
can tie in my part of the country--the northeastern part--we go from
very small States, such as mine, to the bordering States of New York
and Massachusetts, which are much larger States in population. It is
the whole northeastern corridor, but somebody can drive through those
States in half the time it takes to drive, for example, across the
State of Texas or the length of the State of California. So we have to
be able to coordinate.

I think that is why so many came together on this: Senators Hatch,
Biden, Durbin, Edwards, Feingold, Kyl, Sessions--and I think you have
34 cosponsors.
Mrs. HUTCHISON. Thirty-eight.
Mr. LEAHY. Thirty-eight. I thank the Senator from Texas.
The Senator from Florida represents a State the length of which, if
it went in the other direction, it would go across time zones.
Incidentally, people may see the success stories on one or two
television programs, where there might have been one last year or last
month or last week, but the Department of Justice estimates the number
of children taken by strangers annually is between 3,000 and 4,000.
That is terrible.
This plan originated in Arlington, TX, after the murder of 9-year-old
Amber Hagerman. We will help coordinate. We will make sure the local,
State, and Federal officials can work together.
But not only that, private citizens will be involved because they
will hear from State broadcasters or from law enforcement people. I
don't know of anybody who hears of a missing child who would not want
to help. And this will make that possible.
So it will help kidnap victims. It will also preserve the flexibility
of the States because States are different in how they want to
implement it.
It is disturbing to see on TV or in the newspapers photo after photo
of missing children from every corner of the Nation. As the father of
three children, as well as a grandfather of one grandson, with another
grandchild on the way, I know that an abducted child is a parent's or
grandparent's worst nightmare.
Unfortunately, it appears this nightmare is happening all too often.
Indeed, the Justice Department estimates that the number of children
taken by strangers annually is between 3,000 and 4,000. These parents
and grandparents, as well as the precious children, deserve the
assistance of the American people and helping hand of the Congress.
By coordinating their efforts, law enforcement emergency management
and transportation agencies, radio and television stations, and cable
systems have worked to develop an innovative early warning system to
help find abducted children by broadcasting information--including
descriptions and pictures of the missing child, the suspected abductor,
a suspected vehicle, and any other information available and valuable
to identifying the child and suspect--to the public as speedily as
possible.
The AMBER Alert system's popularity has raced across the United

[[Page S8441]]

States. Since the original AMBER Plan was established in 1996, 55
modified versions have been adopted at local, regional, and statewide
levels. Eighteen States have already implemented statewide plans. It is
also a proven success--to date the AMBER Plan has been credited with
recovering 30 children.
This bipartisan legislation will authorize the Attorney General, in
cooperation with the Secretary of Transportation and the Chairman of
the Federal Communications Commission to appoint a Justice Department
National AMBER Alert coordinator to oversee the Alert's communication
network for abducted children. The AMBER Alert Coordinator will work
with the States, broadcasters, and law enforcement agencies to set up
AMBER plans, serve as a point of contact to supplement existing AMBER
plans, and facilitate regional coordination of AMBER alerts.
It also directs the AMBER Alert coordinator, in conjunction with the
FCC, local broadcasters, and local law enforcement agencies, to
establish voluntary guidelines for minimum standards in determining the
criteria for AMBER alerts and for the dissemination of those alerts. As
a result, our bipartisan bill helps kidnap victors while preserving
flexibility for States in implementing the alert system.
Because developing and enhancing the AMBER alert system is a costly
endeavor for States to take on alone, our bipartisan bill establishes
two Federal grant programs to share the burden. First, the bill creates
a Federal grant program, under the direction of the Secretary of
Transportation for statewide notification and communications systems,
including electronic message boards and road signs, along highways for
the recovery of abducted children. Second, the bill establishes a grant
program managed by the Attorney General for the support of AMBER alert
communications plans with law enforcement agencies and others in the
community.
Our Nation's children, parents and grandchildren deserve our help to
stop the disturbing trend of children abductions. I am gratified the
Senate has passed the AMBER Alert National Network Act, and I hope the
House and the President will act expeditiously on this important piece
of legislation to ensure that our communications systems help rescue
abducted children from their kidnapers and return them safely to their
families.
Mr. President, I thank the Senators who have joined on this measure.
I yield the floor and thank the distinguished Senator from Florida
for his courtesy in allowing me to speak. But I hope he will note, in
honoring that, I tried to wear a suit as close in color to his as
possible.
The PRESIDING OFFICER. The Senator from Florida is recognized.

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