[Congressional Record Volume 149, Number 57 (Wednesday, April 9, 2003)]
[House]
[Pages H2950-H2968]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CONFERENCE REPORT ON S.151, PROSECUTORIAL REMEDIES AND OTHER TOOLS TO 
           END THE EXPLOITATION OF CHILDREN TODAY ACT OF 2003

  Mr. SENSENBRENNER submitted the following conference report and 
statement on the Senate bill (S. 151) to amend title 18, United States 
Code, with respect to the sexual exploitation of children:

                  Conference Report (H. Rept. 108-66)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendments of the House to the bill (S. 
     1151), to amend title 18, United States Code, with respect to 
     the sexual exploitation of children, having met, after full 
     and free conference, have agreed to recommend and do 
     recommend to their respective Houses as follows:
       That the Senate recede from its disagreement to the 
     amendment of the House to the text of the bill and agree to 
     the same with an amendment as follows:
       In lieu of the matter proposed to be inserted by the House 
     amendment, insert the following:

[[Page H2951]]

     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--

[[Page H2952]]

       (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 Finger Print 
     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

[[Page H2953]]

     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, 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 finger print 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

[[Page H2954]]

     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--

[[Page H2955]]

       (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''.

[[Page H2956]]

       (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;

[[Page H2957]]

       ``(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

[[Page H2958]]

     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

[[Page H2959]]

     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--

[[Page H2960]]

       ``(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 U.S. 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''.

[[Page H2961]]

       (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

[[Page H2962]]

       (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.''.
       And the House agree to the same.
       That the Senate recede from its disagreement to the 
     amendment of the House to the title of the bill and agree to 
     the same.

     From the Committee on the Judiciary, for consideration of the 
     Senate bill and the House amendments, and modifications 
     committed to conference:
     F. James Sensenbrenner,
     Howard Coble,
     Lamar Smith,
     Mark Green,
     Melissa A. Hart.
     For consideration of the Senate bill and House amendments, 
     and modifications committed to conference:
     Martin Frost.
     From the Committee on Education and the Workforce, for 
     consideration of sec. 8 of the Senate bill and secs. 222, 
     305, and 508 of the House amendments, and modifications 
     committed to conference:
     Pete Hoekstra,
     Phil Gingrey,
     Ruben Hinojosa.
     From the Committee on Transportation and Infrastructure, for 
     consideration of sec. 303 and title IV of the House 
     amendments, and modifications committed to conference:
     Don Young,
     Tom Petri,
     Jim Matheson,
                                Managers on the Part of the House.

     Orrin Hatch,
     Chuck Grassley,
     Jeff Sessions,
     Lindsey Graham,
     Joe Biden,
                               Managers on the Part of the Senate.

       Joint Explanatory Statement of the Committee of Conference

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendments of the House to the bill (S. 151), to amend title 
     18, United States Code, with respect to the sexual 
     exploitation of children, submit the following joint 
     statement to the House and the Senate in explanation of the 
     effect of the action agreed upon by the managers and 
     recommended in the accompanying conference report:
       The House amendment to the text of the bill struck all of 
     the Senate bill after the enacting clause and inserted a 
     substitute text.
       The Senate recedes from its disagreement to the amendment 
     of the House with an amendment that is a substitute for the 
     Senate bill and the House amendment. The differences between 
     the Senate bill, the House amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clarifying 
     changes.

[[Page H2963]]

     Section 1. Short title; table of contents
       The short title is the ``Prosecutorial Remedies and Other 
     Tools to end the Exploitation of Children Today Act of 2003'' 
     or ``PROTECT Act.'' This section is similar to the Senate 
     bill.
     Section 2. Severability
       Section 2 of the conference report is identical to section 
     17 of the Senate bill and section 509 of the House amendment. 
     This section states that if any provision of this Act is held 
     to be invalid, the remainder shall not be affected by such 
     invalidation.

                    Title I--Sanctions and Offenses

     Sec. 101. Supervised release term for sex offenders
       Section 101 of the conference report is substantively 
     identical to section 101 of the House amendment. There is no 
     equivalent provision in the Senate bill. This section amends 
     18 U.S.C. Sec. 3583 to provide a judge with the discretion to 
     extend the term of post-release supervision of sex offenders 
     up to a maximum of life. The House amendment required the 
     supervised release term to be no less than five years and up 
     to life. Under current law, the maximum period of post-
     release supervision in Federal cases is generally five years 
     even for the most serious crimes, and the maximum period for 
     most offenses is three years or less.
       This section responds to the long-standing concerns of 
     Federal judges and prosecutors regarding the inadequacy of 
     the existing supervision periods for sex offenders, 
     particularly for the perpetrators of child sexual abuse 
     crimes, whose criminal conduct may reflect deep-seated 
     aberrant sexual disorders that are not likely to disappear 
     within a few years of release from prison. The current length 
     of the authorized supervision periods is not consistent with 
     the need presented by many of these offenders for long-term--
     and in some cases, life-long--monitoring and oversight. This 
     section is similar to H.R. 4679, the ``Lifetime Consequences 
     for Sex Offenders Act of 2002,'' which passed the House 409-3 
     on June 25, 2002.
     Sec. 102. First degree murdei-for child abuse and child 
         torture murders
       Section 102 of the conference report is substantively 
     identical to section 102 of the House amendment. There is no 
     equivalent provision in the Senate bill. This section amends 
     18 U.S.C. Sec. 1111, by inserting ``child abuse'' and ``the 
     pattern or practice of assault or torture against a child or 
     children'' that results in murder as a predicate for first 
     degree murder. Section 1111 is the Federal murder statute. 
     Under current law, first degree murder includes murder 
     committed in the perpetration of, or attempt to perpetrate, 
     certain crimes including arson, escape, kidnapping, sexual 
     abuse, and several other crimes. ``Child abuse'' and 
     ``torture'' would be added to the list for first degree 
     murder. Acts of child abuse with lethal consequences are as 
     deserving of such treatment as killings occurring in the 
     course of such offenses as burglary or robbery. Since first 
     degree murder is punishable by death or life imprisonment, 
     these changes will help to ensure that child abusers who kill 
     their victims will receive penalties that reflect the 
     heinousness of their crimes. However, with regard to the 
     definition of child abuse, it is the intent of the conferees 
     that this section is not intended to impair the free exercise 
     of one's religious beliefs with regard to a parent's decision 
     about the provision of medical care for their children.
     Sec. 103. Sexual abuse penalties
       Section 103 of the conference report is substantively 
     identical to section 103 of the House amendment. There is no 
     equivalent provision in the Senate bill. This section 
     increases the maximum and minimum penalties of section 1591 
     and chapters 110 and 117 of title 18, United States Code, 
     relating to the sexual exploitation of children and the sex 
     trafficking of children. This section increases the mandatory 
     minimum penalties for only the most serious crimes of sexual 
     abuse and sexual exploitation of children at the request of 
     the Senate.
       Statutory maximum penalties provide only an upper limit on 
     punishment, and accordingly should be coordinated to the type 
     of penalty which would be appropriate for the most aggravated 
     forms of the offenses in question, as committed by offenders 
     with the most serious criminal histories, Where the statutory 
     maximum penalty is too low, it may be impossible to impose a 
     proportionate penalty in cases involving highly aggravated 
     offense conduct. Likewise, in cases involving incorrigible 
     offenders, low statutory maximum penalties may force the 
     court to impose a sentence that is less than what is 
     warranted in light of the offender's criminal history.
       The increased mandatory minimum sentences are responsive to 
     real problems of excessive leniency in sentencing under 
     existing law. For example, the offenses under chapter 117 of 
     title 18, United States Code, apply in sexual abuse cases 
     involving interstate movement of persons or use of interstate 
     instrumentalities, such as luring of child victims through 
     the Internet. Courts all too frequently impose sentences more 
     lenient than those prescribed by the sentencing guidelines in 
     cases under chapter 117, particularly in situations where an 
     undercover agent rather than a child was the object of the 
     enticement. Yet the offender's conduct in such a case 
     reflects a real attempt to engage in sexual abuse of a child, 
     and the fact that the target of the effort turned out to be 
     an undercover officer has no bearing on the culpability of 
     the offender, or on the danger he presents to children if not 
     adequately restrained and deterred by criminal punishment. 
     Likewise, courts have been disposed to grant downward 
     departures from the guidelines for child pornography 
     possession offenses under chapter 110, based on the 
     misconception that these crimes are not serious.
     Sec. 104. Stronger penalties against kidnapping
       Section 104 of the conference report is identical to 
     section 104 of the House amendment. There is no equivalent 
     provision in the Senate bill. This section directs the United 
     States Sentencing Commission to increase the base offense 
     level for kidnapping from level 24 (51-63 months) to a base 
     offense level of 32 by amending Sec. 2A4.1(a) of the United 
     States Sentencing Guidelines. It further deletes 
     Sec. 2A4.1(b)(4)(C) of the United States Sentencing 
     Guidelines, which rewards kidnappers for releasing the victim 
     within 24 hours by reducing the base offense level by one 
     point. Under the current Guidelines, if a defendant sexually 
     exploits the kidnapping victim, then the defendant's base 
     offense level is increased by 3 levels. This is amended to a 
     6 level increase by amending Sec. 2A4.1(b)(5) of the United 
     States Sentencing Guidelines.
       This section also amends 18 U.S.C. Sec. 1201 to provide for 
     a mandatory minimum sentence of 20 years if the victim of the 
     non-family kidnapping is under the age of 18.
     Sec. 105. Penalties against sex tourism
       Section 105 of the conference report is substantively 
     identical to section 105 of the House amendment. There is no 
     equivalent provision in the Senate bill. This section 
     addresses a number of problems related to persons who travel 
     to foreign countries and engage in illicit sexual relations 
     with minors. Current law requires the government to prove 
     that the defendant traveled with the intent to engage in the 
     illegal activity. Under this section, the government would 
     only have to prove that the defendant engaged in illicit 
     sexual conduct with a minor while in a foreign country. This 
     section also criminalizes the actions of sex tour operators 
     who arrange, induce, procure, or facilitate the travel of a 
     person for commercial advantage or private financial gain, 
     knowing that such a person is traveling in interstate or 
     foreign commerce for the purpose of engaging in illicit 
     sexual conduct. The maximum penalty a defendant could receive 
     is up to thirty years imprisonment. This section is similar 
     to H.R. 4477, the ``Sex Tourism Prohibition Improvement Act 
     of 2002,'' which passed the House by 418 yeas to 8 nays on 
     June 26, 2002.
     Sec. 106. Two strikes you're out
       Section 106 of the conference report is similar to section 
     106 of the House amendment. There is no equivalent provision 
     in the Senate bill. This section would establish a mandatory 
     sentence of life imprisonment for twice-convicted child sex 
     offenders. This section amends 18 U.S.C. Sec. 3559 to provide 
     for a mandatory minimum sentence of life imprisonment for any 
     person convicted of a ``Federal sex offense'' if they had 
     previously been convicted of a similar offense under either 
     Federal or state law. The legislation defines Federal sex 
     offense to include offenses committed against a person under 
     the age of 17 and involving the crimes of sexual abuse, 
     aggravated sexual abuse, sexual exploitation of children, 
     abusive sexual contact, and the interstate transportation of 
     minors for sexual purposes. This section is similar to H.R. 
     2146, the ``Two Strikes and You're Out Child Protection 
     Act,'' which passed the House by 382 to 34 on March 14, 2002.
     Sec. 107. Attempt liability for international parental 
         kidnapping
       Section 107 of the conference report is identical to 
     section 107 of the House amendment. There is no equivalent 
     provision in the Senate bill. This section amends 18 U.S.C. 
     Sec. 1204, which generally prohibits removing a child from 
     the United States or retaining a child outside the United 
     States with intent to obstruct the lawful exercise of 
     parental rights. As amended, the statute would prohibit 
     attempts to commit this offense, as well as completed 
     offenses.
       This change is needed to facilitate effective intervention 
     and prevention of parental kidnappings of children before 
     they are removed from the United States. The current absence 
     of attempt liability has created difficulties in cases in 
     progress where the abducting parent is on the way out of the 
     country, but is still transiting in the United States. In 
     those cases, the FBI now has very limited ability to become 
     involved and prevent the abduction from becoming an 
     international occurrence. Local and state law enforcement 
     must be looked to prevent the removal of the child from the 
     country in such cases, but state and local authorities have 
     been very reluctant to become involved. The addition of 
     attempt liability will resolve these problems by enabling the 
     FBI to deal with these cases directly. In addition, it will 
     make penalties and means of restraint available through 
     criminal prosecution and conviction in cases where persons 
     attempt international child abductions in violation of 18 
     U.S.C. Sec. 1204, but are apprehended before they succeed in 
     getting the child out of the country.
     Sec. 108. Pilot program for National Criminal History 
         Background Checks and Feasibility Study
       Section 108 of the conference report is similar to section 
     307 of the House amendment. There is no equivalent provision 
     in the

[[Page H2964]]

     Senate bill. The National Child Protection Act was enacted in 
     1993 to provide a process for background checks for 
     volunteers, but according to the groups that depend on 
     volunteers to work with children, the disabled, and the 
     elderly, the process was not working as intended. Additional 
     legislation to improve this process was enacted through the 
     Volunteers for Children Act of 1998. Concerns remain about 
     the background check process.
       This section responds to those concerns and establishes 
     criminal history records check pilot programs and requires 
     the Attorney General to study the current state of 
     fingerprinting technology and the Federal and state 
     governments capacity to perform these checks. The first pilot 
     program permits certain volunteer organizations designated in 
     three states selected by the Attorney General to request 
     state criminal background checks and Federal 10-fingerprint 
     criminal background checks on their volunteers. The second 
     pilot program authorizes three designated volunteer 
     organizations to receive 100,000 Federal 10-fingerprint 
     criminal background checks, equally allocated, to determine 
     whether potential volunteers are fit to work with children. 
     Each pilot program will last for eighteen months. The 
     Attorney General will report to Congress on the 
     implementation of the pilot programs at their conclusion.

               Title II--Investigations and Prosecutions

     Sec. 201. Interceptions of communications in investigations 
         of sex offenses
       Section 201 of the conference report is substantively 
     identical to section 15 of the Senate bill. Current Federal 
     law allows the interception of oral and electronic 
     communications (``wiretapping'') if authorized by a court 
     order. A number of requirements must be satisfied to issue 
     such an order, including probable cause to believe that an 
     offense specifically enumerated in 18 U.S.C. Sec. 2516 has 
     been or will be committed and that particular communications 
     concerning the offense will be obtained through the proposed 
     interception.
       Current law provides inadequate investigative tools to 
     combat child sexual exploitation, Internet luring of children 
     for purposes of sexual abuse, and sex trafficking. For 
     example, the list of wiretap predicates now includes a 
     variety of offenses such as theft, fraud, and trafficking in 
     stolen property. The current wiretap predicates, however, do 
     not include the crime of buying or selling a child to be used 
     in the production of child pornography,\1\ or the offense of 
     sex trafficking in persons,\2\ or the crimes under chapter 
     117 of title 18 of the United States Code prohibiting 
     interstate transportation or travel or use of interstate 
     instrumentalities to promote prostitution. Section 201 
     enhances investigative authority for these heinous crimes by 
     adding as wiretap predicates for several offenses under the 
     sex offense chapters of the criminal code which are not 
     currently covered--specifically, 18 U.S.C. Sec. Sec. 2251A, 
     2252A, 2260, 2421, 2422, 2423, and 2425, as well as the sex 
     trafficking statute, 18 U.S.C. Sec. 1591. This section is 
     similar to H.R. 1877, the ``Child Sex Crimes Wiretapping Act 
     of 2002,'' which passed the House by 396 yeas--11 nays on May 
     21, 2002.
---------------------------------------------------------------------------
     \1\ 18 U.S.C. Sec. 2251A.
     \2\ 18 U.S.C. Sec. 1591.
---------------------------------------------------------------------------
     Sec. 202. No statute of limitations for child abduction and 
         sex crimes
       Section 202 of the conference report contains similar 
     language to section 202 of the House amendment. The Senate 
     bill did not have comparable language. The House amendment 
     created a new section in the criminal code that provided that 
     child abductions and felony sex offenses are not subject to a 
     statute of limitations. The conference report amends the 
     current law that covers the statute of limitations for 
     offenses involving the sexual or physical abuse of a child. 
     This section adds crimes of kidnapping and extends the 
     statute of limitations to the life of the child victim. Under 
     current law, the limitation period applicable to most Federal 
     crimes is five years.\3\ There are some exceptions to this 
     limitation.\4\ Under current law, the standard limitation 
     rules do not bar prosecution ``for an offense involving the 
     sexual or physical abuse of a child under the age of eighteen 
     years . . . before the child reaches the age of 25 years.'' 
     \5\ While this is better than a flat five-year rule, it 
     remains inadequate in many cases. For example, a person who 
     abducted and raped a child could not be prosecuted beyond 
     this extended limit--even if DNA matching conclusively 
     identified him as the perpetrator one day after the victim 
     turned 25.
---------------------------------------------------------------------------
     \3\ See 18 U.S.C. Sec. 3282.
     \4\ See, e.g., 18 U.S.C. Sec. 3281 (no limitation period for 
     capital crimes); 18 U.S.C. Sec. 3293 (ten-year limitation 
     period for certain financial institution offenses); 18 U.S.C. 
     Sec. 3294 (twenty-year limitation period for certain thefts 
     of artwork).
     \5\ 18 U.S.C. Sec. 3283.
---------------------------------------------------------------------------
     Sec. 203. No pretrial release for those who rape or kidnap 
         children
       Section 203 of the conference report is substantively 
     identical to section 221 of the House amendment. There is no 
     equivalent provision in the Senate bill. This section 
     provides a rebuttable presumption that child rapists and 
     kidnappers should not get pre-trial release. Under current 
     law, a defendant may be detained before trial if the 
     government establishes by clear and convincing evidence that 
     no release conditions will reasonably assure the appearance 
     of the person and the safety of others. Current law also 
     provides rebuttable presumptions that the standard for 
     pretrial detention is satisfied in certain circumstances. For 
     example, such a presumption exists if the court finds 
     probable cause to believe that the defendant committed a drug 
     offense punishable by imprisonment for 10 years or more, or 
     that the person committed a crime of violence or drug 
     trafficking crime while armed with a firearm, in violation of 
     18 U.S.C. Sec. 924(c).\6\ Thus, existing law creates a 
     presumption that, for example, an armed robber charged under 
     18 U.S.C. Sec. 924(c) cannot safely be released before trial. 
     This section will provide the same presumption for crimes 
     such as child abduction and child rape.
---------------------------------------------------------------------------
     \6\ See 18 U.S.C. Sec. 3142(e).
---------------------------------------------------------------------------
     Sec. 204. Suzanne's law
       Section 204 of the conference report is identical to 
     section 241 of the House amendment. There is no equivalent 
     provision in the Senate bill. This section amends section 
     3701 (a) of the Crime Control Act of 1990 (42 U.S.C. 
     Sec. 5779(a)) to require law enforcement agencies to report 
     missing persons less than 21 years of age to the National 
     Crime Information Center. Current law only requires reporting 
     for children under the age of 18.

                       Title III--Public Outreach


                        Subtitle A--AMBER Alert

     Sec. 301. National coordination of AMBER Alert communications 
         network
       Section 301 of the conference report is identical to 
     section 301 of the House amendment. There is no equivalent 
     provision in the Senate bill. This section codifies the 
     establishment of an AMBER Alert Coordinator within the 
     Department of Justice to assist states with their AMBER Alert 
     plans. This coordinator will eliminate gaps in the network, 
     including gaps in interstate travel, work with states to 
     encourage development of additional AMBER plans, work with 
     states to ensure regional coordination among plans, and serve 
     as a nationwide point of contact. On October 2, 2002, 
     President Bush directed the Attorney General to designate a 
     Justice Department officer to serve as AMBER Alert 
     Coordinator to help expand the AMBER Alert system nationwide. 
     Assistant Attorney General Deborah J. Daniels was designated 
     as that coordinator and has been working to assist state and 
     local officials with developing and enhancing AMBER plans, 
     and to promote statewide and regional coordination among 
     plans ever since. This section requires that not later than 
     March 1, 2005, the Coordinator submit a report to Congress on 
     the effectiveness and status of the AMBER plans of each 
     state.
       The AMBER program is a voluntary partnership between law-
     enforcement agencies and broadcasters to activate an urgent 
     alert bulletin in serious child-abduction cases. The goal of 
     the AMBER Alert is to instantly galvanize the entire 
     community to assist in the search for and safe return of the 
     child.
     Sec. 302. Minimum standardsfor issuance and dissemination of 
         alerts through AMBER Alert communications network
       Section 302 of the conference report is identical to 
     section 302 of the House amendment. There is no equivalent 
     provision in the Senate bill. Section 302 requires the 
     Department of Justice Coordinator to establish nationwide 
     minimum standards for the issuance of an AMBER alert and the 
     extent of dissemination of the alert. The legislation allows 
     for voluntary adoption of these standards. The Conference 
     Committee intends that the establishment of minimum standards 
     will limit the use of the system to those rare instances of 
     serious child abductions. Limiting the use of AMBER Alerts is 
     critical to the long-term success of the program because 
     overuse or misuse of AMBER Alerts could lead to public 
     fatigue or apathy to the alerts.
     Sec. 303. Grant program for notification and communications 
         systems along highways for recovery of abducted children
       Section 303 of the conference report is identical to 
     section 303 of the House amendment. There is no equivalent 
     provision in the Senate bill. This section authorizes 
     $20,000,000 for fiscal year 2004 for the Secretary of 
     Transportation to make 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. The guidelines for these 
     grants are intended to mirror what the AMBER Alert grant 
     program that the Department of Transportation has been 
     developing since October, 2002, and currently has in place.
     Sec. 304. Grant program for support of AMBER Alert 
         communications plans
       Section 304 of the conference report is identical to 
     section 304 of the House amendment. There is no equivalent 
     provision in the Senate bill. This section authorizes 
     $5,000,000 for fiscal year 2004 for the Attorney General to 
     administer a grant program for the development and 
     enhancement of programs and activities for the support of 
     AMBER Alert communication plans. This section also authorizes 
     an additional $5,000,000 for fiscal year 2004 for grants to 
     develop and implement new technologies to improve AMBER Alert 
     communications.
     Sec. 305. Limitation on liability
       Section 305 of the conference report is a new section that 
     is related to the purpose of this title. This section 
     provides the National Center for Missing and Exploited 
     Children (NCMEC) with civil immunity arising out of

[[Page H2965]]

     any action by NCMEC in connection with activity that is 
     undertaken with, or at the direction of, a Federal law 
     enforcement agency.


     Subtitle B--National Center for Missing and Exploited Children

     Sec. 321. Increased support
       Section 321 of the conference report is identical to 
     section 305 of the House amendment. There is no equivalent 
     provision in the Senate bill. The National Center for Missing 
     and Exploited Children (NCMEC) is the nation's resource 
     center for child protection. The Center provides assistance 
     to parents, children, law enforcement, schools, and the 
     community in recovering missing children and raising public 
     awareness about ways to help prevent child abduction, 
     molestation and sexual exploitation. To date, NCMEC has 
     worked on more than 73,000 cases of missing and exploited 
     children and helped recover more than 48,000 children. This 
     section amends the Missing, Exploited, and Runaway Children 
     Protection Act by reauthorizing NCMEC, and reauthorizing and 
     doubling the annual grant to NCMEC from $10,000,000 to 
     $20,000,000 through fiscal year 2005.
     Sec. 322. Forensic and investigative support of missing and 
         exploited children
       Section 322 of the conference report is substantively 
     identical to section 308 of the House amendment. There is no 
     equivalent provision in the Senate bill. This section amends 
     section 3056 of title 18, United States Code, to allow the 
     U.S. Secret Service to provide forensic and investigative 
     support to the National Center for Missing and Exploited 
     Children to assist in efforts to find missing children. 
     Nearly a decade ago, Congress authorized the U.S. Secret 
     Service to participate in a multi-agency task force with the 
     purpose of providing resources, expertise and other 
     assistance to local law enforcement agencies and the National 
     Center for Missing and Exploited Children (NCMEC) in cases 
     involving missing and exploited children. This began a strong 
     partnership between the Secret Service and NCMEC, and 
     resulted in the Secret Service providing critical forensic 
     support--including polygraph examinations, handwriting 
     examinations, fingerprint research and identification, age 
     progressions/regressions and audio and video enhancements--to 
     NCMEC and local law enforcement in numerous missing children 
     cases. This section will provide explicit statutory 
     authorization permitting the Secret Service to continue this 
     forensic and investigative support upon request from local 
     law enforcement or NCMEC.
     Sec. 323. Creation of a cyber tipline
       Section 323 of the conference report is a new section that 
     is related to the purpose of this title. This section amends 
     the Missing Children's Assistance Act to coordinate the 
     operation of a cyber tipline to provide online users an 
     effective means of reporting Internet related child sexual 
     exploitation.


             Subtitle C--Sex Offender Apprehension Program

     Sec. 341. Authorization
       Section 341 of the conference report is identical to 
     section 306 of the House amendment. There is no equivalent 
     provision in the Senate bill. This section would authorize 
     Community Oriented Policing Services (COPS) funding for Sex 
     Offender Apprehension Programs in states that have a sex 
     offender registry and have laws that make it a crime for 
     failure to notify authorities of any change in address 
     information, among other things. The money could be used by 
     local law enforcement agencies to fund officers who would 
     check up on sex offenders and arrest them for noncompliance. 
     Keeping up to date records will help law enforcement in 
     future investigations of missing children.


      Subtitle D--Missing Children Procedures in Public Buildings

     Sec. 361. Short title
       Section 361 of the conference report is substantively 
     identical to section 401 of the House amendment. There is no 
     equivalent provision in the Senate bill. This section states 
     that this subtitle may be cited as the ``Code Adam Act of 
     2003.''
     Sec. 362. Definitions
       Section 362 of the conference report is identical to 
     section 402 of the House amendment. There is no equivalent 
     provision in the Senate bill. This section defines the 
     following terms: child, code adam alert, designated 
     authority, executive agency, Federal agency, and public 
     building.
     Sec. 363. Procedures in public buildings regarding a missing 
         or lost child
       Section 363 of the conference report is substantively 
     identical to section 403 of the House amendment. There is no 
     equivalent provision in the Senate bill. This section 
     requires that, 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. The procedures shall provide, at 
     a minimum, the notification of security personnel, obtaining 
     a detailed description of the child, monitoring all points of 
     egress from the building, conducting a thorough search of the 
     building, and notifying local law enforcement.
       The original Code Adam is one of the country's largest 
     child-safety programs, and it is supported by the National 
     Center for Missing and Exploited Children. The Wal-Mart 
     retail stores created it in 1994, and it is used in more than 
     36,000 stores across the United States.


                Subtitle E--Child Advocacy Center Grants

     Sec. 381. Information and documentation required by the 
         Attorney General under Victims of Child Abuse Act of 1990
       Section 381 of the conference report is substantively 
     identical to section 222 of the House amendment. There is no 
     equivalent provision in the Senate bill. This section 
     reauthorizes grant programs within the Victims of Child Abuse 
     Act of 1990, 42 U.S.C. Sec. 13001 et seq., that provide 
     funding to child advocacy centers and training and technical 
     assistance to programs to improve the prosecution of child 
     abuse cases. This funding trains law enforcement agencies, 
     prosecutors and local jurisdictions to help them establish 
     comprehensive, interdisciplinary approaches to the 
     investigation and prosecution of child abuse. The goal of 
     these programs is to minimize the trauma of the justice 
     system for children who are victims of abuse as well as to 
     ensure that the mental, emotional and physical needs of these 
     children are not forgotten. The authorization for this 
     funding expired in fiscal year 2000, however, the Department 
     of Justice has continued to receive funds for these programs 
     and continues to administer them.

                      Title IV--Sentencing Reform

     Sec. 401. Sentencing reform
       Section 401 of the conference report is a modification of 
     section 109 of the House amendment. There is no equivalent 
     provision in the Senate bill. This section addresses the 
     longstanding problem of downward departures from the Federal 
     Sentencing Guidelines. According to the Sentencing 
     Commission's 2001 Sourcebook of Federal Sentencing 
     Statistics, trial courts reduced the sentence of those 
     convicted of all non-immigration offenses in 12.2 percent of 
     the cases while those convicted of sexual abuse received a 
     downward departure over 16 percent of the cases, and granted 
     reductions below the guideline range of those convicted of 
     sexual abuse by an astonishing 63 percent from the guideline 
     range. For those convicted of pornography and/or prostitution 
     related offenses, trial courts departed from the recommended 
     guidelines over 18 percent of the time, reducing these 
     defendants' sentences by a staggering 66 percent.
       The provisions of this section would restrict departures in 
     cases under section 1201 involving a minor victim, section 
     1591, or under chapters 109A, 110 or 117 of title 18, United 
     States Code. Specifically, in those cases, a court could only 
     sentence a defendant outside the guideline range upon grounds 
     specifically enumerated in the guidelines as proper for 
     departure. This would eliminate ad hoc departures based on 
     vague grounds, such as ``general mitigating circumstances.''
       In addition, this section would for all cases require 
     courts to give specific written reasons for any departure 
     from the guidelines; change the standard of review for 
     appellate courts to a de novo review to allow appellate 
     courts more effectively to review illegal and inappropriate 
     downward departures; prevent sentencing courts, upon remand, 
     from imposing the same illegal departure on a different 
     theory; and only allow courts to grant an additional third 
     point reduction for ``acceptance of responsibility'' upon 
     motion of the government.
       Also, the definition of ``pattern of activity involving 
     prohibited sexual conduct'' in the Sentencing Guidelines is 
     broadened. Currently, the guidelines provides that such a 
     pattern exists only where the defendant engaged in prohibited 
     sexual conduct on at least two separate occasions with at 
     least two different minor victims. This definition does not 
     adequately take account of the frequent occurrence of 
     repeated sexual abuse against a single child victim, and the 
     severity of the harm to such victims from the repeated abuse. 
     This section would broaden the definition to include repeated 
     abuse of the same victim on separate occasions.
       For cases other than those involving offenses in section 
     1201 involving a minor victim, section 1591, or chapters 
     109A, 110 or 117 of title 18 of the United States Code, this 
     section directs the Sentencing Commission to review grounds 
     for downward departures and promulgate amendments to 
     ensure that the incident of downward departure are 
     substantially reduced.
       The Sentencing Guidelines are also amended with regard to 
     the penalties for possession of child pornography in two 
     ways. First, penalties are increased if the offense involved 
     material that portrays sadistic or masochistic conduct or 
     other depictions of violence and, second, penalties are 
     increased based on the amount of child pornography involved 
     in the offense.

                   Title V--Obscenity and Pornography


         Subtitle A--Child Obscenity and Pornography Prevention

       This subtitle is a compromise that incorporates parts of 
     the House and Senate anti-child pornography bills. Both these 
     bills address the April 16, 2002 Supreme Court decision in 
     Ashcroft v. the Free Speech Coalition.\7\ That decision 
     struck down parts of a 1996 law written to combat computer-
     generated pornography as too broad.
---------------------------------------------------------------------------
     \7\ 535 U.S. 234 (2002).
---------------------------------------------------------------------------
     Sec. 501. Findings
       Section 501 of the conference report is identical to 
     section 501 of the House amendment and similar to section 2 
     of the Senate bill. This section provides detailed 
     congressional findings.

[[Page H2966]]

     Sec. 502. Improvements to prohibition on virtual child 
         pornography
       Section 502 addresses the Supreme Court's holding that the 
     definition of child pornography under 18 U.S.C. 
     Sec. 2256(8)(B), relating to virtual child pornography, was 
     over broad and unconstitutional. Section 502 incorporates the 
     House definition for computer-generated child pornography and 
     the Senate affirmative defense language, with a technical 
     amendment.
       Section 502(a) of the conference report is substantively 
     identical to section 502(a) of the House amendment and 
     similar to section 5 of the Senate bill. This section narrows 
     the definition of child pornography under 18 U.S.C. 
     Sec. 2256(8)(B) to depictions that are ``digital images'' 
     (e.g., picture or video taken with a digital camera), 
     ``computer images'' (e.g., pictures scanned into a computer), 
     or ``computer-generated images'' (e.g., images created or 
     altered with the use of a computer). The Supreme Court was 
     concerned in Free Speech Coalition that the breadth of the 
     language would prohibit legitimate movies like ``Traffic'' or 
     plays like ``Romeo and Juliet.'' Limiting the definition to 
     digital, computer, or computer-generated images will help to 
     exclude ordinary motion pictures from the coverage of 
     ``virtual child pornography.'' Section 502(a) further narrows 
     the definition by replacing the phrase ``appears to be'' with 
     the phrase ``is indistinguishable from.'' That new phrase 
     addresses the Court's concern that cartoon-sketches would be 
     banned under the statute. ``The substitution of `is 
     indistinguishable from' in lieu of `appears to be' more 
     precisely reflects what Congress intended to cover in the 
     first instance, and eliminates an ambiguity that infected the 
     current version of the definition and that enabled those 
     challenging the statute to argue that it `capture[d] even 
     cartoon -sketches and statues of children that were sexually 
     suggestive.''' \8\
---------------------------------------------------------------------------
     \8\ Department of Justice Transmittal Letter with draft 
     legislation to the Speaker of the House, at 3 (May 2002) 
     (citing Free Speech Coalition, 535 U.S. at 264 (O'Connor, J., 
     concurring in part and dissenting in part)).
---------------------------------------------------------------------------
       Section 502(b) also narrows the definition of child 
     pornography by amending 18 U.S.C. Sec. 2256(2) to require a 
     simulated image to be lascivious to constitute child 
     pornography under the new definition in 18 U.S.C. 
     Sec. 2256(8)(B). Thus, child pornography that simulates 
     sexually explicit conduct must be lascivious as well as meet 
     the other requirement of the definition. This language is 
     identical to the House Amendment.
       Section 502(c) of the conference report is similar to 
     section 502(c) of the House amendment and defines the terms 
     ``graphic'' and ``indistinguishable.''
       Section 502(d) of the conference report amends the existing 
     statutory provision in the Federal criminal code to conform 
     with the Supreme Court's holding by replacing 18 U.S.C. 
     Sec. 2252A(c), the affirmative defense for violations of 18 
     U.S.C. Sec. 2252A. The section contains a modified 
     affirmative defense provided in section 3(c) of the Senate 
     bill.
       The current affirmative defense in 18 U.S.C. Sec. 2252A(c) 
     provides a defense for violations of subsections 2252A(a)(1)-
     (4) of title 18, United States Code, where the person 
     producing the material used adults and did not distribute the 
     material so as to convey the impression that the material was 
     child pornography. The Supreme Court in Free Speech Coalition 
     did not rule on the existing affirmative defense in 18 U.S.C. 
     Sec. 2252A(c). The Court left open the possibility that the 
     1996 statute might have survived the constitutional challenge 
     as overbroad if the affirmative defense had been more 
     complete. Specifically, the Court stated, ``We need not 
     decide, however, whether the Government could impose this 
     burden [of an affirmative defense] on a speaker. Even if an 
     affirmative defense can save a statute from First Amendment 
     challenge, here the defense is incomplete and insufficient, 
     even on its own terms.'' \9\ Justice Thomas, in his 
     concurring opinion, stated that the ``Court does leave open 
     the possibility that a more complete affirmative defense 
     could save a statute's constitutionality.'' \10\ Thus, the 
     Court appears to have implicitly accepted that some 
     reculation of virtual child pornography might be 
     constitutional and this provision strengthens the affirmative 
     defense as suggested by the Court.
---------------------------------------------------------------------------
     \9\ Free Speech Coalition, 535 U.S. at 256.
     \10\ Free Speech Coalition, 535 U.S. at 259 (Thomas, J., 
     concurring).
---------------------------------------------------------------------------
       Like the House Amendment, the Senate language creates a new 
     and comprehensive affirmative defense for anyone charged with 
     distributing or possessing child pornography. With this new 
     affirmative defense an accused can completely escape 
     liability by showing that the sexually explicit depictions in 
     question were produced without using any actual minors. The 
     provision also makes clear that the defendant must provide 
     timely and specific notice of his intent to raise either the 
     youthful-looking adult or virtual porn defense. The Senate 
     language was modified to ensure the defense does not apply to 
     the pandering provisions or the morphing provisions. This 
     defense does not apply to any old or new obscenity 
     provisions.
     Sec. 503. Certain activities relating to material 
         constituting or containing child pornography
       Section 503 of the conference report is identical to 
     section 3(a) and (b) of the Senate bill and substantively 
     identical to sections 503 and 505 of the House Amendment. 
     Section 503 includes a new pandering provision (to be 
     codified at 18 U.S.C. Sec. 2252A(a)(3)(B)) that prohibits 
     ``advertis[ing], promot[ing], present[ing], distribut[ing], 
     or solicit[ing]'' real or purported materials that the actor 
     believes, or intends to cause another to believe, contain 
     depictions of actual or obscene child pornography. This 
     provision bans the offer to transact in unprotected material, 
     coupled with proof of the offender's specific intent. Thus, 
     for example, this provision prohibits an individual from 
     offering to distribute anything that he specifically intends 
     to cause a recipient to believe would be actual or obscene 
     child pornography. It likewise prohibits an individual from 
     soliciting what he believes to be actual or obscene child 
     pornography. The provision makes clear that no actual 
     materials need exist; the government establishes a violation 
     with proof of the communication and requisite specific 
     intent. Indeed, even fraudulent offers to buy or sell 
     unprotected child pornography help to sustain the illegal 
     market for this material.
       Section 503 (to be codified at 18 U.S.C. Sec. 2252A(a)(6)) 
     creates a new offense that criminalizes the act of using any 
     type of real or apparent child pornography to induce a child 
     to commit a crime.
     Sec. 504. Obscene child pornography
       Section 504 of the conference report is substantively 
     identical to section 6 of the Senate bill and similar to 
     section 504 of the House amendment. Section 504 of the 
     conference report creates new obscenity offenses under 
     Chapter 71 of title 18, United States Code, (to be codified 
     at 18 U.S.C. Sec. 1466A) that criminalizes obscene sexually 
     explicit depictions of minors. This section prohibits any 
     obscene depictions of minors engaged in any form of sexually 
     explicit conduct and prohibits a narrow category of 
     ``hardcore'' pornography involving real or apparent minors, 
     where such depictions lack literary, artistic, political, or 
     scientific value. These new offenses are subject to the 
     penalties applicable to child pornography, not the lower 
     penalties that apply to obscenity, and it also contains a 
     directive to the U.S. Sentencing Commission requiring the 
     Commission to ensure that the U.S. Sentencing Guidelines are 
     consistent with this fact.
     Sec. 505. Admissibility of evidence
       Section 505 of the conference report is identical to 
     section 4 of the Senate bill. There is no comparable 
     provision in the House amendment. This section (to be 
     codified at 18 U.S.C. Sec. 2252A(e)) protects the privacy of 
     minors depicted in obscenity and child pornography by 
     permitting the government to seek an order that shields non-
     physical identifying information from public scrutiny. Of 
     course, such information may be a critical component of the 
     government's proof at trial. There may be evidence, for 
     example, that the defendant stored the sexually explicit 
     depiction in a folder labeled ``Jennifer--Age 12.'' For this 
     reason, this provision does not require the government to 
     seek the exclusion of such information in every instance. 
     When the government moves to do so, however, this provision 
     creates a strong presumption that the privacy of the minor 
     shall be protected. In that event, the government also is 
     entitled to obtain a jury instruction that the absence of 
     this information shall not be used to infer that the 
     depictions are not, in fact, actual minors.
     Sec. 506. Extraterritorial production of child pornography 
         for distribution in the United States
       Section 506 of the conference report is identical to 
     section 10 of the Senate bill and substantively identical to 
     section 506 of the House amendment. This section amends 
     current law by providing the Government with the authority to 
     prosecute foreign producers of child pornography if that 
     material is transported, or intended to be transported, to 
     the United States. Persons and entities who target, exploit, 
     profit from, or help to perpetuate the market for child 
     pornography in the United States are fairly subject to our 
     system of laws and penalties. The purpose of this section is 
     to stop efforts by producers of child pornography to avoid 
     criminal liability based on the fact that the child 
     pornography was produced outside of the United States, but 
     intended for use inside the United States.\11\
---------------------------------------------------------------------------
     \11\ See, e.g., United States v. Thomas, 893 F. 2d 1066 (9th 
     Cir. 1990).
---------------------------------------------------------------------------
     Sec. 507. Strengthening enhanced penalties for repeat 
         offenders
       Section 507 of the conference report is identical to 
     section 507 of the House amendment and similar to section 12 
     of the Senate bill. This section amends chapter 110, the 
     child pornography chapter of title 18, United States Code, 
     which provides enhanced penalties for recidivists in that 
     chapter, chapter 109A (relating to sexual abuse), and chapter 
     117 (relating transportation for illegal sexual activity and 
     related crimes). The new language includes the offenses under 
     the obscenity chapter, chapter 71 and the sexual assault 
     crimes under military law in article 120 of the Uniform Code 
     of Military Justice. Recidivism is a huge problem in sexual 
     exploitation cases. This section addresses the problem by 
     enhancing the penalties for repeat offenders.
     Sec. 508. Service provider reporting of child pornography and 
         related information
       Section 508 of the conference report is substantively 
     identical to section 508 of the House Amendment and 
     substantively identical to sections 8 and 9 of the Senate 
     bill.

[[Page H2967]]

     The conference report amends section 227 of the Victims of 
     Child Abuse Act of 1990, which requires providers of 
     electronic communications and remote computing services to 
     report apparent offenses that involve child pornography.\12\ 
     Section 508 of the conference report strengthens this 
     reporting system by adding the new offenses under 
     Sec. Sec. 2252B and 1466A.
---------------------------------------------------------------------------
     \12\ Under the current law, communications providers must 
     report to the National Center for Missing and Exploited 
     Children (NCMEC) when the provider obtains knowledge of facts 
     or circumstances from which a violation of sexual 
     exploitation crimes against children occurs. 42 U.S.C. 
     Sec. 13032(b)(1). A provider of electronic communication 
     services may be fined for knowingly and willfully failing to 
     make a report. 42 U.S.C. Sec. 13032(b)(3). Federal criminal 
     law provides that ``[n]o provider or user of an electronic 
     communication service or a remote computing service to the 
     public shall be held liable on account of any action taken in 
     good faith to comply with this section.'' 42 U.S.C. 
     Sec. 13032(c).
---------------------------------------------------------------------------
       Section 508(b) amends 18 U.S.C. Sec. 2702 to be consistent 
     with section 227 of the Victims of Child Abuse Act, which 
     provides that, in addition to the required information that 
     is reported to NCMEC, the reports may include ``additional 
     information.'' This should make it clear, for example, that 
     an Internet service provider can disclose the identity of a 
     subscriber who sent a message containing child pornography, 
     in addition to the contents of such a communication already 
     required to be reported under current law. Section 
     2702(b)(6)(B) of title 18, United States Code, only 
     authorizes disclosure of content information required by the 
     Victims of Child Abuse Act, and contains no language that 
     appears to cover relevant non-content information, such as 
     the identity of the sender of the child pornography in the 
     example described above. This section corrects that 
     inconsistency.
       This section also includes a provision to change the 
     current law that prevents the Federally funded Internet 
     Crimes Against Children Task Forces to receive reports from 
     the Cyber Tipline. These Task Forces are state and local 
     police agencies that have been identified by the NCMEC as 
     competent to investigate and prosecute computer facilitated 
     crimes against children. The new language authorizes Internet 
     Crimes Against Children Task Forces access to the Cyber 
     Tipline Reports as the vast majority of cases in this area 
     are investigated and prosecuted by state and local law 
     enforcement.
     Sec. 509. Investigative authority relating to child 
         pornography
       Section 509 of the conference report is identical to 
     section 510 of the House amendment and section 16 of the 
     Senate bill. This section is technical in nature. This 
     section updates the current law regarding the use of 
     administrative subpoenas. Section 3486 of title 18, United 
     States Code, covers administrative subpoenas. Recent changes 
     to the law updated the transactional information that may be 
     obtained under 18 U.S.C. Sec. 2703(c)(2) through an 
     administrative subpoena. To update 18 U.S.C. Sec. 3486, which 
     covers subpoenas issued involving the sexual exploitation or 
     abuse of children, this provision inserts the information 
     specified in 18 U.S.C. Sec. 2703(c)(2) for the list of 
     transactional information in 18 U.S.C. Sec. 3486. 
     Transactional information includes billing records and other 
     similar records.
     Sec. 510. Civil remedies
       Section 510 of the conference report is identical to 
     section 11 of the Senate bill. There is no equivalent 
     provision in the House amendment. This section creates a new 
     civil cause of action against producers, distributors, and 
     possessors of obscenity relating to children and child 
     pornography. Persons aggrieved by such conduct may bring suit 
     seeking appropriate relief, including punitive damages and 
     reasonable attorneys' fees.
     Sec. 511. Recordkeeping requirements
       Section 511 of the conference report reflects a merger of 
     two related, but not identical, reporting requirements. The 
     conference report merges section 7 of the Senate bill and 
     section 512 of the House amendment. Section 7 of the Senate 
     bill expands the scope of materials subject to the record 
     keeping requirements of 18 U.S.C. Sec. 2257. Specifically, 
     ``computer generated image[s], digital image[s], or 
     picture[s]'' are added to the existing categories of sexually 
     explicit materials for which records must be created and 
     maintained. In making these changes, 18 U.S.C. Sec. 2257 is 
     designed to include the most common medium for distributing, 
     exchanging or obtaining child pornography over the internet. 
     This section further increases the existing penalties for 
     violations of 18 U.S.C. Sec. 2257, and incorporates the 
     requirement in section 512 of the House amendment that the 
     Department of Justice detail its record of enforcing such 
     violations.
     Sec. 512. Sentencing enhancements for interstate travel to 
         engage in sexual act with a juvenile
       Section 512 of the conference report is identical to 
     section 12 of the Senate bill. There is no equivalent House 
     provision. This section directs the United States Sentencing 
     Commission to review the existing penalties for persons who 
     travel across state lines to engage in sexual activity with a 
     minor in violation of 18 U.S.C. Sec. 2423. The current 
     penalty structure for this offense in the United States 
     Sentencing Guidelines appears too lenient, as such offenders 
     are punished less harshly than offenders who simply possess 
     child pornography.
     Section 513. Miscellaneous provisions
       Section 513 of the conference report is identical to 
     section 14 of the Senate bill. The House amendment has no 
     equivalent provision. This section directs the Department of 
     Justice to appoint twenty-five more attorneys who are 
     dedicated to the enforcement of child pornography laws, and 
     authorizes the appropriations of funds necessary to fulfill 
     this mission. It also directs the Department of Justice to 
     prepare periodic reports to Congress on the enforcement of 
     the Federal child pornography laws and obscenity laws related 
     to children, as well as the technology being employed by the 
     producers and distributors of child pornography. Finally, the 
     section requires the United States Sentencing Commission to 
     carefully review and consider the penalties needed to deter 
     and punish the new offenses created in 18 U.S.C. Sec. 2252A.


                   Subtitle B--Truth in Domain Names

     Sec. 521. Misleading domain names on the internet
       Section 521 of the conference report is similar to section 
     108 of the House amendment. The Senate bill has no equivalent 
     provision. Section 521 makes it a crime to knowingly use a 
     misleading domain name with the intent to deceive a person 
     into viewing obscenity on the Internet and a crime to 
     knowingly use a misleading domain name with the intent to 
     deceive a minor into viewing ``material that is harmful to 
     minors'' on the Internet.
       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 the 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. Section 
     2252B(e) defines ``sex.''
       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.
       Neither obscenity \13\ nor material deemed ``harmful to 
     minors'' is protected by the First Amendment as to 
     minors.\14\ Congress, therefore, may ban such material 
     outright. While Congress, may not ban material harmful to 
     minors on the Internet in a manner that results in ``an 
     unnecessarily broad suppression of speech addressed to 
     adults,'' \15\ prohibiting misleading domain names on Web 
     sites containing material ``harmful to minors'' would only 
     limit unintentional access by adults to such Web sites, and 
     is not an unnecessarily broad restriction on adults.
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     \13\ Miller v. California, 413 U.S. 15 (1973).
     \14\ Ginsberg v. New York, 390 U.S. 629, 631 (1968).
     \15\ Reno v. American Civil Liberties Union, 521 U.S. 844, 
     875 (1997).
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       Furthermore, under the Central Hudson \16\ test, speech 
     that concerns an unlawful activity or misleading is not 
     protected by the First Amendment. The domain names that the 
     amendment would prohibit would be misleading, and therefore 
     would not be protected by the First Amendment if the Web 
     sites that they name propose a commercial transaction.
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     \16\ Central Hudson Gas & Electric Corp. v. Public Service 
     Commission of New York, 447 U.S. 557 (1980).
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       This provision is constitutional and necessary. There is a 
     growing trend for those attempting to sell pornography to use 
     aggressive and misleading tactics to deceive unsuspecting and 
     unwilling individuals, both adults and minors, into viewing 
     the pornography--often obscene or harmful to minors.

                   Title VI--Miscellaneous Provisions

     Sec. 601. Penalties for use of minors in crimes of violence
       Section 601 of the conference report is a new section that 
     is related to the purpose of this Act. Section 601 adds a new 
     section 25 of title 18 to the United States Code to provide 
     that any person who is 18 years of age or older who 
     intentionally uses a minor to commit a crime of violence 
     shall be imprisoned up to twice the maximum term of 
     imprisonment and twice the maximum fine authorized for the 
     offense for a first offense. New section 25 provides that for 
     each subsequent conviction, a defendant shall be subject to 
     imprisonment to three times the maximum term of imprisonment 
     and three times the maximum fine authorized for the offense.
     Sec. 602. Sense of Congress
       Section 602 of the conference report is a new section that 
     is related to the purpose of this Act. Section 602(a) states 
     that it is the sense of the Congress that 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. Section 602(b) 
     states that it is the sense of the 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. Comniunications Decency Act of 1996
       Section 603 of the conference report is a new section that 
     is related to the purpose of this Act. Section 603(l)(A) and 
     (B) amends the Communication Decency Act by making it 
     unlawful to use a telephone device to

[[Page H2968]]

     make or solicit transmission of child pornography to adults 
     and minors. Section 603(2) also making it a crime to send or 
     display child pornography by computer to persons under 18.
     Sec. 604. Internet availability of information concerning 
         registered sex offenders
       Section 604 of the conference report is a new section that 
     is related to the purpose of this Act. To protect children, 
     current law requires a state, or any agency authorized by the 
     state, to release information to the public regarding persons 
     required to register as sex offenders. Section 604 amends the 
     Violent Crime Control and Law Enforcement Act of 1994 to 
     authorize states to create an Internet site containing the 
     names of sex offenders within three years.
     Sec. 605. Registration of child pornographers in the National 
         Sex Offender Registry
       Section 605 of the conference report is a new section that 
     is related to the purpose of this Act. Current law requires a 
     person convicted of certain criminal offenses against a minor 
     or certain sexually violent offenses to register with the sex 
     offender registry. Section 605 amends Violent Crime Control 
     and Law Enforcement Act of 1994 by including in the crimes 
     against children and sexually violent offender registration 
     program persons convicted of crimes relating to the 
     production and distribution of child pornography and 
     appropriates sufficient funds to make such chance to the 
     Department of Justice.
     Sec. 606. Grants to states for costs of compliance with new 
         sex offender registry requirements
       Section 606 of the conference report is a new section that 
     is related to the purpose of this Act. The Violent Crime 
     Control and Law Enforcement Act of 1994 authorized $25 
     million for fiscal years 1999 and 2000 to establish a grant 
     program, the Sex Offender Management Assistance program, to 
     the states to offset the costs associated with establishing 
     and maintaining a sex offender registry. Section 606 amends 
     the Violent Crime Control and Law Enforcement Act of 1994 by 
     authorizing sufficient funds to the states for fiscal years 
     2004 through 2007 to continue to carry out Sex Offender 
     Management Assistance Programs.
     Sec. 607. SAFE ID Act
       Section 607 of the conference report is a new section that 
     is related to the purpose of this Act. Under current law, it 
     is not illegal to possess, traffic in, or use false or 
     misleading authentication features whose purpose is to create 
     fraudulent IDs. Section 607 would correct this oversight by 
     making it a crime to counterfeit or alter ``authentication 
     features,'' as well as to traffic such features in false 
     identification documents or without the authorization of the 
     appropriate authority. Authentication features are the 
     holograms, symbols, codes, etc., used by the issuing 
     authority to verify that an ID is authentic. In addition, 
     this section requires forfeiture of equipment used in 
     creating or trafficking in illicit authentication features. 
     This section will help the fight against child abduction, 
     terrorism, identity theft, and underage drinking, among other 
     things, by addressing the growing trade in illicit 
     authentication feature for IDs.
     Sec. 608. Illicit Drug Anti-Proliferation Act
       Section 608 of the conference report is a new section that 
     is related to the purpose of this Act. This section, known as 
     the Illicit Drug Anti-Proliferation Act, helps to protect 
     children by amending the Controlled Substances Act to expand 
     the ``crack house'' statute.\17\ This expansion makes it 
     clear that anyone who knowingly and intentionally uses their 
     property, or allows another person to use their property, for 
     the purpose of distributing or manufacturing or using illegal 
     drugs will be held accountable. This section raise the 
     penalties for people who traffic in a substance often 
     marketed to children at clubs; and authorizing funds for drug 
     prevention activities. It also creates a civil penalty for 
     violating 21 U.S.C. Sec. 856.
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     \17\ 21 U.S.C. Sec. 856.
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       In addition, the language directs the Sentencing Commission 
     to consider increasing the sentencing guidelines for offenses 
     involving gamma hydroxybutyric acid (GHB), a Schedule I 
     substance often used to facilitate sexual assault. Under 
     current law, an offender would have to have 13 gallons 
     (equivalent to 100,000 doses) of GHB to qualify for a five 
     year penalty. Because large-scale GHB dealers generally 
     distribute gallon quantities of the drug, they generally are 
     not prosecuted at the federal level because the penalties are 
     too low. In order to prevent the abuse of club drugs and 
     other illicit substances, the bill also authorizes $5.9 
     million for the Drug Enforcement Administration to hire a 
     Demand Reduction Coordinator in each state and authorizes 
     such sums as may be necessary for the Drug Enforcement 
     Administration to educate youth, parents and other interested 
     adults about the dangers associated with club drugs.
     Sec. 609. Definition of vehicle
       Section 609 of the conference report is a new section that 
     is related to the purpose of this Act. This section amends 18 
     U.S.C. Sec. 1993(c) prohibiting terrorist attacks and other 
     acts of violence against mass transportation systems to add a 
     new section (a)(9) to define ``vehicle'' as itany carriage or 
     other contrivance used, or capable of being used, as a means 
     of transportation on land, water, or through the air.''
     Sec. 610. John Doe/DNA indictments
       Section 610 of the conference report is a new section that 
     is related to the purpose of this Act. Section 610 would 
     change current law to encourage Federal prosecutors to bring 
     ``John Doe/DNA indictments'' in Federal sex crimes. 
     Specifically, the provision amends 18 U.S.C. Sec. 3282 to 
     authorize Federal prosecutors to issue an indictment 
     identifying an unknown defendant by a DNA profile within the 
     five-year statute of limitations. If the indictment is issued 
     within the five-year statute of limitations, the statute is 
     then tolled until the perpetrator is identified through the 
     DNA profile at a later date. The John Doe/DNA indictment 
     would permit prosecution at anytime once there was a DNA 
     ``cold hit'' through the national DNA database system. John 
     Doe/DNA indictments strike the right balance between 
     encouraging swift and efficient investigations, recognizing 
     the durability and credibility of DNA evidence, and 
     preventing an injustice if a ``cold hit'' occurs years after 
     the crime and law enforcement did not promptly process 
     forensic evidence. Providing incentives for law enforcement 
     to test crime scene DNA from sexual assaults will also help 
     identify sex offenders (who are often recidivists) to permit 
     their speedy apprehension and prosecution.
     Sec. 611. Transitional housing assistance grants for child 
         victims of domestic violence, stalking, or sexual assault
       Section 611 of the conference report is a new section that 
     is related to the purpose of this Act. This section amends 
     Subtitle B of the Violence Against Women Act of 1994 (42 
     U.S.C. 13701 note; 108 Stat. 1925) to authorize $30 million 
     for the Attorney General to award grants to organizations, 
     States, units of local government, and Indian tribes to carry 
     out programs to provide assistance to individuals who are in 
     need of transitional housing or related assistance as a 
     result of fleeing, a situation of domestic violence, and for 
     whom emergency shelter services or other crisis intervention 
     services are unavailable or insufficient.
       The grants may be used for programs that provide short-term 
     housing assistance, including rental or utilities payments 
     assistance and assistance with related expenses. Grants will 
     also be available for support services designed to help 
     individuals locate and secure permanent housing, as well as 
     integrate into a community by providing with services, such 
     as transportation, counseling, child care services, case 
     management, employment counseling, and other assistance. Any 
     recipient of a grant must annually prepare and submit a 
     report to the Attorney General describing the number of 
     minors, adults, and dependents assisted, and the types of 
     housing assistance and support services provided.
       Under the program, victims would be eligible for assistance 
     for a period of 18 months and would be entitled to seek a 
     waiver for an additional six months of assistance based on an 
     inability to obtain adequate housing.

     From the Committee on the Judiciary, for consideration of the 
     Senate bill and the House amendments, and modifications 
     committed to conference:
     F. James Sensenbrenner,
     Howard Coble,
     Lamar Smith,
     Mark Green,
     Melissa A. Hart.
     For consideration of the Senate bill and House amendments, 
     and modifications committed to conference:
     Martin Frost.
     From the Committee on Equation and the Workforce, for 
     consideration of sec. 8 of the Senate bill and secs. 222, 
     305, and 508 of the House amendments, and modifications 
     committed to conference:
     Pete Hoekstra,
     Phil Gingrey,
     Ruben Hinojosa.
     From the Committee on Transportation and Infrastructure, for 
     consideration of sec. 303 and title IV of the House 
     amendments, and modifications committed to conference:
     Don Young,
     Tom Petri,
     Jim Matheson,
                                Managers on the Part of the House.

     Orrin Hatch,
     Chuck Grassley,
     Jeff Sessions,
     Lindsey Graham,
     Joe Biden,
                               Managers on the Part of the Senate.

     

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