[House Report 108-66]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     108-66

======================================================================



 
                              PROTECT ACT

                                _______
                                

                 April 9, 2003.--Ordered to be printed

                                _______
                                

  Mr. Sensenbrenner, from the committee of conference, submitted the 
                               following

                           CONFERENCE REPORT

                         [To accompany S. 151]

      The committee of 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, 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:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Severability.

                     TITLE I--SANCTIONS AND OFFENSES

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

                TITLE II--INVESTIGATIONS AND PROSECUTIONS

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

                       TITLE III--PUBLIC OUTREACH

                         Subtitle A--AMBER Alert

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

     Subtitle B--National Center for Missing and Exploited Children

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

              Subtitle C--Sex Offender Apprehension Program

Sec. 341. Authorization.

       Subtitle D--Missing Children Procedures in Public Buildings

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

                Subtitle E--Child Advocacy Center Grants

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

                       TITLE IV--SENTENCING REFORM

Sec. 401. Sentencing reform.

                   TITLE V--OBSCENITY AND PORNOGRAPHY

         Subtitle A--Child Obscenity and Pornography Prevention

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

                    Subtitle B--Truth in Domain Names

Sec. 521. Misleading domain names on the Internet.

                   TITLE VI--MISCELLANEOUS PROVISIONS

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

SEC. 2. SEVERABILITY.

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

                    TITLE I--SANCTIONS AND OFFENSES

SEC. 101. SUPERVISED RELEASE TERM FOR SEX OFFENDERS.

    Section 3583 of title 18, United States Code, is amended--
            (1) in subsection (e)(3), by inserting ``on any 
        such revocation'' after ``required to serve'';
            (2) in subsection (h), by striking ``that is less 
        than the maximum term of imprisonment authorized under 
        subsection (e)(3)''; and
            (3) by adding at the end the following:
    ``(k) Notwithstanding subsection (b), the authorized term 
of supervised release for any offense under section 1201 
involving a minor victim, and for any offense under section 
1591, 2241, 2242, 2244(a)(1), 2244(a)(2), 2251, 2251A, 2252, 
2252A, 2260, 2421, 2422, 2423, or 2425, is any term of years or 
life.''.

SEC. 102. FIRST DEGREE MURDER FOR CHILD ABUSE AND CHILD TORTURE 
                    MURDERS.

    Section 1111 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``child abuse,'' after 
                ``sexual abuse,''; and
                    (B) by inserting ``or perpetrated as part 
                of a pattern or practice of assault or torture 
                against a child or children;'' after 
                ``robbery;''; and
            (2) by inserting at the end the following:
    ``(c) For purposes of this section--
            ``(1) the term `assault' has the same meaning as 
        given that term in section 113;
            ``(2) the term `child' means a person who has not 
        attained the age of 18 years and is--
                    ``(A) under the perpetrator's care or 
                control; or
                    ``(B) at least six years younger than the 
                perpetrator;
            ``(3) the term `child abuse' means intentionally or 
        knowingly causing death or serious bodily injury to a 
        child;
            ``(4) the term `pattern or practice of assault or 
        torture' means assault or torture engaged in on at 
        least two occasions;
            ``(5) the term `serious bodily injury' has the 
        meaning set forth in section 1365; and
            ``(6) the term `torture' means conduct, whether or 
        not committed under the color of law, that otherwise 
        satisfies the definition set forth in section 
        2340(1).''.

SEC. 103. SEXUAL ABUSE PENALTIES.

    (a) Maximum Penalty Increases.--(1) Chapter 110 of title 
18, United States Code, is amended--
            (A) in section 2251(d)--
                    (i) by striking ``20'' and inserting 
                ``30''; and
                    (ii) by striking ``30'' the first place it 
                appears and inserting ``50'';
            (B) in section 2252(b)(1)--
                    (i) by striking ``15'' and inserting 
                ``20''; and
                    (ii) by striking ``30'' and inserting 
                ``40'';
            (C) in section 2252(b)(2)--
                    (i) by striking ``5'' and inserting ``10''; 
                and
                    (ii) by striking ``10'' and inserting 
                ``20'';
            (D) in section 2252A(b)(1)--
                    (i) by striking ``15'' and inserting 
                ``20''; and
                    (ii) by striking ``30'' and inserting 
                ``40''; and
            (E) in section 2252A(b)(2)--
                    (i) by striking ``5'' and inserting ``10''; 
                and
                    (ii) by striking ``10'' and inserting 
                ``20''.
    (2) Chapter 117 of title 18, United States Code, is 
amended--
            (A) in section 2422(a), by striking ``10'' and 
        inserting ``20'';
            (B) in section 2422(b), by striking ``15'' and 
        inserting ``30''; and
            (C) in section 2423(a), by striking ``15'' and 
        inserting ``30''.
    (3) Section 1591(b)(2) of title 18, United States Code, is 
amended by striking ``20'' and inserting ``40''.
    (b) Minimum Penalty Increases.--(1) Chapter 110 of title 
18, United States Code, is amended--
            (A) in section 2251(d)--
                    (i) by striking ``or imprisoned not less 
                than 10'' and inserting ``and imprisoned not 
                less than 15'';
                    (ii) by striking ``and both,'';
                    (iii) by striking ``15'' and inserting 
                ``25''; and
                    (iv) by striking ``30'' the second place it 
                appears and inserting ``35'';
            (B) in section 2251A(a) and (b), by striking ``20'' 
        and inserting ``30'';
            (C) in section 2252(b)(1)--
                    (i) by striking ``or imprisoned'' and 
                inserting ``and imprisoned not less than 5 
                years and'';
                    (ii) by striking ``or both,''; and
                    (iii) by striking ``5'' and inserting 
                ``15'';
            (D) in section 2252(b)(2), by striking ``2'' and 
        inserting ``10'';
            (E) in section 2252A(b)(1)--
                    (i) by striking ``or imprisoned'' and 
                inserting ``and imprisoned not less than 5 
                years and'';
                    (ii) by striking ``or both,''; and
                    (iii) by striking ``5'' and inserting 
                ``15''; and
            (F) in section 2252A(b)(2), by striking ``2'' and 
        inserting ``10''.
    (2) Chapter 117 of title 18, United States Code, is 
amended--
            (A) in section 2422(b)--
                    (i) by striking ``, imprisoned'' and 
                inserting ``and imprisoned not less than 5 
                years and''; and
                    (ii) by striking ``, or both''; and
            (B) in section 2423(a)--
                    (i) by striking ``, imprisoned'' and 
                inserting ``and imprisoned not less than 5 
                years and''; and
                    (ii) by striking ``, or both''.

SEC. 104. STRONGER PENALTIES AGAINST KIDNAPPING.

    (a) Sentencing Guidelines.--Notwithstanding any other 
provision of law regarding the amendment of Sentencing 
Guidelines, the United States Sentencing Commission is directed 
to amend the Sentencing Guidelines, to take effect on the date 
that is 30 days after the date of the enactment of this Act--
            (1) so that the base offense level for kidnapping 
        in section 2A4.1(a) is increased from level 24 to level 
        32;
            (2) so as to delete section 2A4.1(b)(4)(C); and
            (3) so that the increase provided by section 
        2A4.1(b)(5) is 6 levels instead of 3.
    (b) Minimum Mandatory Sentence.--Section 1201(g) of title 
18, United States Code, is amended by striking ``shall be 
subject to paragraph (2)'' in paragraph (1) and all that 
follows through paragraph (2) and inserting ``shall include 
imprisonment for not less than 20 years.''.

SEC. 105. PENALTIES AGAINST SEX TOURISM.

    (a) In General.--Section 2423 of title 18, United States 
Code, is amended by striking subsection (b) and inserting the 
following:
    ``(b) Travel With Intent To Engage in Illicit Sexual 
Conduct.--A person who travels in interstate commerce or 
travels into the United States, or a United States citizen or 
an alien admitted for permanent residence in the United States 
who travels in foreign commerce, for the purpose of engaging in 
any illicit sexual conduct with another person shall be fined 
under this title or imprisoned not more than 30 years, or both.
    ``(c) Engaging in Illicit Sexual Conduct in Foreign 
Places.--Any United States citizen or alien admitted for 
permanent residence who travels in foreign commerce, and 
engages in any illicit sexual conduct with another person shall 
be fined under this title or imprisoned not more than 30 years, 
or both.
    ``(d) Ancillary Offenses.--Whoever, for the purpose of 
commercial advantage or private financial gain, arranges, 
induces, procures, or facilitates the travel of a person 
knowing that such a person is traveling in interstate commerce 
or foreign commerce for the purpose of engaging in illicit 
sexual conduct shall be fined under this title, imprisoned not 
more than 30 years, or both.
    ``(e) Attempt and Conspiracy.--Whoever attempts or 
conspires to violate subsection (a), (b), (c), or (d) shall be 
punishable in the same manner as a completed violation of that 
subsection.
    ``(f) Definition.--As used in this section, the term 
`illicit sexual conduct' means (1) a sexual act (as defined in 
section 2246) with a person under 18 years of age that would be 
in violation of chapter 109A if the sexual act occurred in the 
special maritime and territorial jurisdiction of the United 
States; or (2) any commercial sex act (as defined in section 
1591) with a person under 18 years of age.
    ``(g) Defense.--In a prosecution under this section based 
on illicit sexual conduct as defined in subsection (f)(2), it 
is a defense, which the defendant must establish by a 
preponderance of the evidence, that the defendant reasonably 
believed that the person with whom the defendant engaged in the 
commercial sex act had attained the age of 18 years.''.
    (b) Conforming Amendment.--Section 2423(a) of title 18, 
United States Code, is amended by striking ``or attempts to do 
so,''.

SEC. 106. TWO STRIKES YOU'RE OUT.

    (a) In General.--Section 3559 of title 18, United States 
Code, is amended by adding at the end the following new 
subsection:
    ``(e) Mandatory Life Imprisonment for Repeated Sex Offenses 
Against Children.--
            ``(1) In general.--A person who is convicted of a 
        Federal sex offense in which a minor is the victim 
        shall be sentenced to life imprisonment if the person 
        has a prior sex conviction in which a minor was the 
        victim, unless the sentence of death is imposed.
            ``(2) Definitions.--For the purposes of this 
        subsection--
                    ``(A) the term `Federal sex offense' means 
                an offense under section 2241 (relating to 
                aggravated sexual abuse), 2242 (relating to 
                sexual abuse), 2244(a)(1) (relating to abusive 
                sexual contact), 2245 (relating to sexual abuse 
                resulting in death), 2251 (relating to sexual 
                exploitation of children), 2251A (relating to 
                selling or buying of children), 2422(b) 
                (relating to coercion and enticement of a minor 
                into prostitution), or 2423(a) (relating to 
                transportation of minors);
                    ``(B) the term `State sex offense' means an 
                offense under State law that is punishable by 
                more than one year in prison and consists of 
                conduct that would be a Federal sex offense if, 
                to the extent or in the manner specified in the 
                applicable provision of this title--
                            ``(i) the offense involved 
                        interstate or foreign commerce, or the 
                        use of the mails; or
                            ``(ii) the conduct occurred in any 
                        commonwealth, territory, or possession 
                        of the United States, within the 
                        special maritime and territorial 
                        jurisdiction of the United States, in a 
                        Federal prison, on any land or building 
                        owned by, leased to, or otherwise used 
                        by or under the control of the 
                        Government of the United States, or in 
                        the Indian country (as defined in 
                        section 1151);
                    ``(C) the term `prior sex conviction' means 
                a conviction for which the sentence was imposed 
                before the conduct occurred constituting the 
                subsequent Federal sex offense, and which was 
                for a Federal sex offense or a State sex 
                offense;
                    ``(D) the term `minor' means an individual 
                who has not attained the age of 17 years; and
                    ``(E) the term `State' has the meaning 
                given that term in subsection (c)(2).
            ``(3) Nonqualifying felonies.--An offense described 
        in section 2422(b) or 2423(a) shall not serve as a 
        basis for sentencing under this subsection if the 
        defendant establishes by clear and convincing evidence 
        that--
                    ``(A) the sexual act or activity was 
                consensual and not for the purpose of 
                commercial or pecuniary gain;
                    ``(B) the sexual act or activity would not 
                be punishable by more than one year in prison 
                under the law of the State in which it 
                occurred; or
                    ``(C) no sexual act or activity 
                occurred.''.
    (b) Conforming Amendment.--Sections 2247(a) and 2426(a) of 
title 18, United States Code, are each amended by inserting ``, 
unless section 3559(e) applies'' before the final period.

SEC. 107. ATTEMPT LIABILITY FOR INTERNATIONAL PARENTAL KIDNAPPING.

    Section 1204 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting ``, or attempts 
        to do so,'' before ``or retains''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by inserting ``or the 
                Uniform Child Custody Jurisdiction and 
                Enforcement Act'' before ``and was''; and
                    (B) in paragraph (2), by inserting ``or'' 
                after the semicolon.

SEC. 108. PILOT PROGRAM FOR NATIONAL CRIMINAL HISTORY BACKGROUND CHECKS 
                    AND FEASIBILITY STUDY.

    (a) Establishment of Pilot Program.--
            (1) In general.--Not later than 90 days after the 
        date of the enactment of this Act, the Attorney General 
        shall establish a pilot program for volunteer groups to 
        obtain national and State criminal history background 
        checks through a 10-fingerprint check to be conducted 
        utilizing State criminal records and the Integrated 
        Automated 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 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 Coordinator in consultation 
with State and local law enforcement agencies), provide that 
appropriate information relating to the special needs of an 
abducted child (including health care needs) are disseminated 
to the appropriate law enforcement, public health, and other 
public officials.
    (3) The minimum standards shall, to the maximum extent 
practicable (as determined by the Coordinator in consultation 
with State and local law enforcement agencies), provide that 
the dissemination of an alert through the AMBER Alert 
communications network be limited to the geographic areas most 
likely to facilitate the recovery of the abducted child 
concerned.
    (4) In carrying out activities under subsection (a), the 
Coordinator may not interfere with the current system of 
voluntary coordination between local broadcasters and State and 
local law enforcement agencies for purposes of the AMBER Alert 
communications network.
    (c) Cooperation.--(1) The Coordinator shall cooperate with 
the Secretary of Transportation and the Federal Communications 
Commission in carrying out activities under this section.
    (2) The Coordinator shall also cooperate with local 
broadcasters and State and local law enforcement agencies in 
establishing minimum standards under this section.

SEC. 303. GRANT PROGRAM FOR NOTIFICATION AND COMMUNICATIONS SYSTEMS 
                    ALONG HIGHWAYS FOR RECOVERY OF ABDUCTED CHILDREN.

    (a) Program Required.--The Secretary of Transportation 
shall carry out a program to provide grants to States for the 
development or enhancement of notification or communications 
systems along highways for alerts and other information for the 
recovery of abducted children.
    (b) Development Grants.--
            (1) In general.--The Secretary may make a grant to 
        a State under this subsection for the development of a 
        State program for the use of changeable message signs 
        or other motorist information systems to notify 
        motorists about abductions of children. The State 
        program shall provide for the planning, coordination, 
        and design of systems, protocols, and message sets that 
        support the coordination and communication necessary to 
        notify motorists about abductions of children.
            (2) Eligible activities.--A grant under this 
        subsection may be used by a State for the following 
        purposes:
                    (A) To develop general policies and 
                procedures to guide the use of changeable 
                message signs or other motorist information 
                systems to notify motorists about abductions of 
                children.
                    (B) To develop guidance or policies on the 
                content and format of alert messages to be 
                conveyed on changeable message signs or other 
                traveler information systems.
                    (C) To coordinate State, regional, and 
                local plans for the use of changeable message 
                signs or other transportation related issues.
                    (D) To plan secure and reliable 
                communications systems and protocols among 
                public safety and transportation agencies or 
                modify existing communications systems to 
                support the notification of motorists about 
                abductions of children.
                    (E) To plan and design improved systems for 
                communicating with motorists, including the 
                capability for issuing wide area alerts to 
                motorists.
                    (F) To plan systems and protocols to 
                facilitate the efficient issuance of child 
                abduction notification and other key 
                information to motorists during off-hours.
                    (G) To provide training and guidance to 
                transportation authorities to facilitate 
                appropriate use of changeable message signs and 
                other traveler information systems for the 
                notification of motorists about abductions of 
                children.
    (c) Implementation Grants.--
            (1) In general.--The Secretary may make a grant to 
        a State under this subsection for the implementation of 
        a program for the use of changeable message signs or 
        other motorist information systems to notify motorists 
        about abductions of children. A State shall be eligible 
        for a grant under this subsection if the Secretary 
        determines that the State has developed a State program 
        in accordance with subsection (b).
            (2) Eligible activities.--A grant under this 
        subsection may be used by a State to support the 
        implementation of systems that use changeable message 
        signs or other motorist information systems to notify 
        motorists about abductions of children. Such support 
        may include the purchase and installation of changeable 
        message signs or other motorist information systems to 
        notify motorists about abductions of children.
    (d) Federal Share.--The Federal share of the cost of any 
activities funded by a grant under this section may not exceed 
80 percent.
    (e) Distribution of Grant Amounts.--The Secretary shall, to 
the maximum extent practicable, distribute grants under this 
section equally among the States that apply for a grant under 
this section within the time period prescribed by the 
Secretary.
    (f) Administration.--The Secretary shall prescribe 
requirements, including application requirements, for the 
receipt of grants under this section.
    (g) Definition.--In this section, the term ``State'' means 
any of the 50 States, the District of Columbia, or Puerto Rico.
    (h) Authorization of Appropriations.--There is authorized 
to be appropriated to the Secretary to carry out this section 
$20,000,000 for fiscal year 2004. Such amounts shall remain 
available until expended.
    (i) Study of State Programs.--
            (1) Study.--The Secretary shall conduct a study to 
        examine State barriers to the adoption and 
        implementation of State programs for the use of 
        communications systems along highways for alerts and 
        other information for the recovery of abducted 
        children.
            (2) Report.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary shall transmit 
        to Congress a report on the results of the study, 
        together with any recommendations the Secretary 
        determines appropriate.

SEC. 304. GRANT PROGRAM FOR SUPPORT OF AMBER ALERT COMMUNICATIONS 
                    PLANS.

    (a) Program Required.--The Attorney General shall carry out 
a program to provide grants to States for the development or 
enhancement of programs and activities for the support of AMBER 
Alert communications plans.
    (b) Activities.--Activities funded by grants under the 
program under subsection (a) may include--
            (1) the development and implementation of education 
        and training programs, and associated materials, 
        relating to AMBER Alert communications plans;
            (2) the development and implementation of law 
        enforcement programs, and associated equipment, 
        relating to AMBER Alert communications plans;
            (3) the development and implementation of new 
        technologies to improve AMBER Alert communications; and
            (4) such other activities as the Attorney General 
        considers appropriate for supporting the AMBER Alert 
        communications program.
    (c) Federal Share.--The Federal share of the cost of any 
activities funded by a grant under the program under subsection 
(a) may not exceed 50 percent.
    (d) Distribution of Grant Amounts on Geographic Basis.--The 
Attorney General shall, to the maximum extent practicable, 
ensure the distribution of grants under the program under 
subsection (a) on an equitable basis throughout the various 
regions of the United States.
    (e) Administration.--The Attorney General shall prescribe 
requirements, including application requirements, for grants 
under the program under subsection (a).
    (f) Authorization of Appropriations.--(1) There is 
authorized to be appropriated for the Department of Justice 
$5,000,000 for fiscal year 2004 to carry out this section and, 
in addition, $5,000,000 for fiscal year 2004 to carry out 
subsection (b)(3).
    (2) Amounts appropriated pursuant to the authorization of 
appropriations in paragraph (1) shall remain available until 
expended.

SEC. 305. LIMITATION ON LIABILITY.

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

     Subtitle B--National Center for Missing and Exploited Children

SEC. 321. INCREASED SUPPORT.

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

SEC. 322. FORENSIC AND INVESTIGATIVE SUPPORT OF MISSING AND EXPLOITED 
                    CHILDREN.

    Section 3056 of title 18, United States Code, is amended by 
adding at the end the following:
    ``(f) Under the direction of the Secretary of Homeland 
Security, officers and agents of the Secret Service are 
authorized, at the request of any State or local law 
enforcement agency, or at the request of the National Center 
for Missing and Exploited Children, to provide forensic and 
investigative assistance in support of any investigation 
involving missing or exploited children.''.

SEC. 323. CREATION OF CYBER TIPLINE.

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

             Subtitle C--Sex Offender Apprehension Program

SEC. 341. AUTHORIZATION.

    Section 1701(d) of part Q of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is 
amended--
            (1) by redesignating paragraphs (10) and (11) as 
        (11) and (12), respectively; and
            (2) by inserting after paragraph (9) the following:
            ``(10) assist a State in enforcing a law throughout 
        the State which requires that a convicted sex offender 
        register his or her address with a State or local law 
        enforcement agency and be subject to criminal 
        prosecution for failure to comply;''.

      Subtitle D--Missing Children Procedures in Public Buildings

SEC. 361. SHORT TITLE.

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

SEC. 362. DEFINITIONS.

    In this subtitle, the following definitions apply:
            (1) Child.--The term ``child'' means an individual 
        who is 17 years of age or younger.
            (2) Code adam alert.--The term ``Code Adam alert'' 
        means a set of procedures used in public buildings to 
        alert employees and other users of the building that a 
        child is missing.
            (3) Designated authority.--The term ``designated 
        authority'' means--
                    (A) with respect to a public building owned 
                or leased for use by an Executive agency--
                            (i) except as otherwise provided in 
                        this paragraph, the Administrator of 
                        General Services;
                            (ii) in the case of the John F. 
                        Kennedy Center for the Performing Arts, 
                        the Board of Trustees of the John F. 
                        Kennedy Center for the Performing Arts;
                            (iii) in the case of buildings 
                        under the jurisdiction, custody, and 
                        control of the Smithsonian Institution, 
                        the Board of Regents of the Smithsonian 
                        Institution; or
                            (iv) in the case of another public 
                        building for which an Executive agency 
                        has, by specific or general statutory 
                        authority, jurisdiction, custody, and 
                        control over the building, the head of 
                        that agency;
                    (B) with respect to the Supreme Court 
                Building, the Marshal of the Supreme Court; 
                with respect to the Thurgood Marshall Federal 
                Judiciary Building, the Director of the 
                Administrative Office of United States Courts; 
                and with respect to all other public buildings 
                owned or leased for use by an establishment in 
                the judicial branch of government, the General 
                Services Administration in consultation with 
                the United States Marshals Service; and
                    (C) with respect to a public building owned 
                or leased for use by an establishment in the 
                legislative branch of government, the Capitol 
                Police Board.
            (4) Executive agency.--The term ``Executive 
        agency'' has the same meaning such term has under 
        section 105 of title 5, United States Code.
            (5) Federal agency.--The term ``Federal agency'' 
        means any Executive agency or any establishment in the 
        legislative or judicial branches of the Government.
            (6) Public building.--The term ``public building'' 
        means any building (or portion thereof) owned or leased 
        for use by a Federal agency.

SEC. 363. PROCEDURES IN PUBLIC BUILDINGS REGARDING A MISSING OR LOST 
                    CHILD.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the designated authority for a public 
building shall establish procedures for locating a child that 
is missing in the building.
    (b) Notification and Search Procedures.--Procedures 
established under this section shall provide, at a minimum, for 
the following:
            (1) Notifying security personnel that a child is 
        missing.
            (2) Obtaining a detailed description of the child, 
        including name, age, eye and hair color, height, 
        weight, clothing, and shoes.
            (3) Issuing a Code Adam alert and providing a 
        description of the child, using a fast and effective 
        means of communication.
            (4) Establishing a central point of contact.
            (5) Monitoring all points of egress from the 
        building while a Code Adam alert is in effect.
            (6) Conducting a thorough search of the building.
            (7) Contacting local law enforcement.
            (8) Documenting the incident.

                Subtitle E--Child Advocacy Center Grants

SEC. 381. INFORMATION AND DOCUMENTATION REQUIRED BY ATTORNEY GENERAL 
                    UNDER VICTIMS OF CHILD ABUSE ACT OF 1990.

    (a) Regional Children's Advocacy Centers.--Section 213 of 
the Victims of Child Abuse Act of 1990 (42 U.S.C. 13001b) is 
amended--
            (1) in subsection (c)(4)--
                    (A) by striking ``and'' at the end of 
                subparagraph (B)(ii);
                    (B) in subparagraph (B)(iii), by striking 
                ``Board'' and inserting ``board''; and
                    (C) by redesignating subparagraphs (C) and 
                (D) as clauses (iv) and (v), respectively, of 
                subparagraph (B), and by realigning such 
                clauses so as to have the same indentation as 
                the preceding clauses of subparagraph (B); and
            (2) in subsection (e), by striking ``Board'' in 
        each of paragraphs (1)(B)(ii), (2)(A), and (3), and 
        inserting ``board''.
    (b) Authorization of Appropriations.--The text of section 
214B of such Act (42 U.S.C. 13004) is amended to read as 
follows:
    ``(a) Sections 213 and 214.--There are authorized to be 
appropriated to carry out sections 213 and 214, $15,000,000 for 
each of fiscal years 2004 and 2005.
    ``(b) Section 214A.--There are authorized to be 
appropriated to carry out section 214A, $5,000,000 for each of 
fiscal years 2004 and 2005.''.

                      TITLE IV--SENTENCING REFORM

SEC. 401. SENTENCING REFORM.

    (a) Enforcement of Sentencing Guidelines for Child 
Abduction and Sex Offenses.--Section 3553(b) of title 18, 
United States Code is amended--
            (1) by striking ``The court'' and inserting the 
        following:
            ``(1) In general.--Except as provided in paragraph 
        (2), the court''; and
            (2) by adding at the end the following:
            ``(2) Child crimes and sexual offenses.--
                    ``(A) Sentencing.--In sentencing a 
                defendant convicted of an offense under section 
                1201 involving a minor victim, an offense under 
                section 1591, or an offense under chapter 71, 
                109A, 110, or 117, the court shall impose a 
                sentence of the kind, and within the range, 
                referred to in subsection (a)(4) unless--
                            ``(i) the court finds that there 
                        exists an aggravating circumstance of a 
                        kind, or to a degree, not adequately 
                        taken into consideration by the 
                        Sentencing Commission in formulating 
                        the guidelines that should result in a 
                        sentence greater than that described;
                            ``(ii) the court finds that there 
                        exists a mitigating circumstance of a 
                        kind or to a degree, that--
                                    ``(I) has been 
                                affirmatively and specifically 
                                identified as a permissible 
                                ground of downward departure in 
                                the sentencing guidelines or 
                                policy statements issued under 
                                section 994(a) of title 28, 
                                taking account of any 
                                amendments to such sentencing 
                                guidelines or policy statements 
                                by Congress;
                                    ``(II) has not been taken 
                                into consideration by the 
                                Sentencing Commission in 
                                formulating the guidelines; and
                                    ``(III) should result in a 
                                sentence different from that 
                                described; or
                            ``(iii) the court finds, on motion 
                        of the Government, that the defendant 
                        has provided substantial assistance in 
                        the investigation or prosecution of 
                        another person who has committed an 
                        offense and that this assistance 
                        established a mitigating circumstance 
                        of a kind, or to a degree, not 
                        adequately taken into consideration by 
                        the Sentencing Commission in 
                        formulating the guidelines that should 
                        result in a sentence lower than that 
                        described.

In determining whether a circumstance was adequately taken into 
consideration, the court shall consider only the sentencing 
guidelines, policy statements, and official commentary of the 
Sentencing Commission, together with any amendments thereto by 
act of Congress. In the absence of an applicable sentencing 
guideline, the court shall impose an appropriate sentence, 
having due regard for the purposes set forth in subsection 
(a)(2). In the absence of an applicable sentencing guideline in 
the case of an offense other than a petty offense, the court 
shall also have due regard for the relationship of the sentence 
imposed to sentences prescribed by guidelines applicable to 
similar offenses and offenders, and to the applicable policy 
statements of the Sentencing Commission, together with any 
amendments to such guidelines or policy statements by act of 
Congress.''.
    (b) Conforming Amendments to Guidelines Manual.--The 
Federal Sentencing Guidelines are amended--
            (1) in section 5K2.0--
                    (A) by striking ``Under'' and inserting the 
                following:
    ``(a) Downward Departures in Criminal Cases Other Than 
Child Crimes and Sexual Offenses.--Under''; and
                    (B) by adding at the end the following:
    ``(b) Downward Departures in Child Crimes and Sexual 
Offenses.--

``Under 18 U.S.C. Sec. 3553(b)(2), the sentencing court may 
impose a sentence below the range established by the applicable 
guidelines only if the court finds that there exists a 
mitigating circumstance of a kind, or to a degree, that--
        ``(1) has been affirmatively and specifically 
        identified as a permissible ground of downward 
        departure in the sentencing guidelines or policy 
        statements issued under section 994(a) of title 28, 
        United States Code, taking account of any amendments to 
        such sentencing guidelines or policy statements by act 
        of Congress;
        ``(2) has not adequately been taken into consideration 
        by the Sentencing Commission in formulating the 
        guidelines; and
        ``(3) should result in a sentence different from that 
        described.

The grounds enumerated in this Part K of chapter 5 are the sole 
grounds that have been affirmatively and specifically 
identified as a permissible ground of downward departure in 
these sentencing guidelines and policy statements. Thus, 
notwithstanding any other reference to authority to depart 
downward elsewhere in this Sentencing Manual, a ground of 
downward departure has not been affirmatively and specifically 
identified as a permissible ground of downward departure within 
the meaning of section 3553(b)(2) unless it is expressly 
enumerated in this Part K as a ground upon which a downward 
departure may be granted.''.
            (2) At the end of part K of chapter 5, add the 
        following:

``Sec. 5K2.22 Specific Offender Characteristics as Grounds for Downward 
                    Departure in child crimes and sexual offenses 
                    (Policy Statement)

``In sentencing a defendant convicted of an offense under 
section 1201 involving a minor victim, an offense under section 
1591, or an offense under chapter 71, 109A, 110, or 117 of 
title 18, United States Code, age may be a reason to impose a 
sentence below the applicable guideline range only if and to 
the extent permitted by Sec. 5H1.1.
``An extraordinary physical impairment may be a reason to 
impose a sentence below the applicable guideline range only if 
and to the extent permitted by Sec. 5H1.4. Drug, alcohol, or 
gambling dependence or abuse is not a reason for imposing a 
sentence below the guidelines.
            (3) Section 5K2.20 is amended by striking ``A'' and 
        inserting ``Except where a defendant is convicted of an 
        offense under section 1201 involving a minor victim, an 
        offense under section 1591, or an offense under chapter 
        71, 109A, 110, or 117 of title 18, United States Code, 
        a''.
            (4) Section 5H1.6 is amended by inserting after the 
        first sentence the following: ``In sentencing a 
        defendant convicted of an offense under section 1201 
        involving a minor victim, an offense under section 
        1591, or an offense under chapter 71, 109A, 110, or 117 
        of title 18, United States Code, family ties and 
        responsibilities and community ties are not relevant in 
        determining whether a sentence should be below the 
        applicable guideline range.''.
            (5) Section 5K2.13 is amended by--
                    (A) striking ``or'' before ``(3)''; and
                    (B) replacing ``public'' with ``public; or 
                (4) the defendant has been convicted of an 
                offense under chapter 71, 109A, 110, or 117 of 
                title 18, United States Code.''.
    (c) Statement of Reasons for Imposing a Sentence.--Section 
3553(c) of title 18, United States Code, is amended--
            (1) by striking ``described.'' and inserting 
        ``described, which reasons must also be stated with 
        specificity in the written order of judgment and 
        commitment, except to the extent that the court relies 
        upon statements received in camera in accordance with 
        Federal Rule of Criminal Procedure 32. In the event 
        that the court relies upon statements received in 
        camera in accordance with Federal Rule of Criminal 
        Procedure 32 the court shall state that such statements 
        were so received and that it relied upon the content of 
        such statements.'';
            (2) by inserting ``, together with the order of 
        judgment and commitment,'' after ``the court's 
        statement of reasons''; and
            (3) by inserting ``and to the Sentencing 
        Commission,'' after ``to the Probation System''.
    (d) Review of a Sentence.--
            (1) Review of departures.--Section 3742(e)(3) of 
        title 18, United States Code, is amended to read as 
        follows:
            ``(3) is outside the applicable guideline range, 
        and
                    ``(A) the district court failed to provide 
                the written statement of reasons required by 
                section 3553(c);
                    ``(B) the sentence departs from the 
                applicable guideline range based on a factor 
                that--
                            ``(i) does not advance the 
                        objectives set forth in section 
                        3553(a)(2); or
                            ``(ii) is not authorized under 
                        section 3553(b); or
                            ``(iii) is not justified by the 
                        facts of the case; or
                    ``(C) the sentence departs to an 
                unreasonable degree from the applicable 
                guidelines range, having regard for the factors 
                to be considered in imposing a sentence, as set 
                forth in section 3553(a) of this title and the 
                reasons for the imposition of the particular 
                sentence, as stated by the district court 
                pursuant to the provisions of section 3553(c); 
                or''.
            (2) Standard of review.--The last paragraph of 
        section 3742(e) of title 18, United States Code, is 
        amended by striking ``shall give due deference to the 
        district court's application of the guidelines to the 
        facts'' and inserting ``, except with respect to 
        determinations under subsection (3)(A) or (3)(B), shall 
        give due deference to the district court's application 
        of the guidelines to the facts. With respect to 
        determinations under subsection (3)(A) or (3)(B), the 
        court of appeals shall review de novo the district 
        court's application of the guidelines to the facts''.
            (3) Decision and disposition.--
                    (A) The first paragraph of section 3742(f) 
                of title 18, United States Code, is amended by 
                striking ``the sentence'';
                    (B) Section 3742(f)(1) of title 18, United 
                States Code, is amended by inserting ``the 
                sentence'' before ``was imposed'';
                    (C) Section 3742(f)(2) of title 18, United 
                States Code, is amended to read as follows:
            ``(2) the sentence is outside the applicable 
        guideline range and the district court failed to 
        provide the required statement of reasons in the order 
        of judgment and commitment, or the departure is based 
        on an impermissible factor, or is to an unreasonable 
        degree, or the sentence was imposed for an offense for 
        which there is no applicable sentencing guideline and 
        is plainly unreasonable, it shall state specific 
        reasons for its conclusions and--
                    ``(A) if it determines that the sentence is 
                too high and the appeal has been filed under 
                subsection (a), it shall set aside the sentence 
                and remand the case for further sentencing 
                proceedings with such instructions as the court 
                considers appropriate, subject to subsection 
                (g);
                    ``(B) if it determines that the sentence is 
                too low and the appeal has been filed under 
                subsection (b), it shall set aside the sentence 
                and remand the case for further sentencing 
                proceedings with such instructions as the court 
                considers appropriate, subject to subsection 
                (g);''; and
                    (D) Section 3742(f)(3) of title 18, United 
                States Code, is amended by inserting ``the 
                sentence'' before ``is not described''.
    (e) Imposition of Sentence Upon Remand.--Section 3742 of 
title 18, United States Code, is amended by redesignating 
subsections (g) and (h) as subsections (h) and (i) and by 
inserting the following after subsection (f):
    ``(g) Sentencing Upon Remand.--A district court to which a 
case is remanded pursuant to subsection (f)(1) or (f)(2) shall 
resentence a defendant in accordance with section 3553 and with 
such instructions as may have been given by the court of 
appeals, except that--
            ``(1) In determining the range referred to in 
        subsection 3553(a)(4), the court shall apply the 
        guidelines issued by the Sentencing Commission pursuant 
        to section 994(a)(1) of title 28, United States Code, 
        and that were in effect on the date of the previous 
        sentencing of the defendant prior to the appeal, 
        together with any amendments thereto by any act of 
        Congress that was in effect on such date; and
            ``(2) The court shall not impose a sentence outside 
        the applicable guidelines range except upon a ground 
        that--
                    ``(A) was specifically and affirmatively 
                included in the written statement of reasons 
                required by section 3553(c) in connection with 
                the previous sentencing of the defendant prior 
                to the appeal; and
                    ``(B) was held by the court of appeals, in 
                remanding the case, to be a permissible ground 
                of departure.''.
    (f) Definitions.--Section 3742 of title 18, United States 
Code, as amended by subsection (e), is further amended by 
adding at the end the following:
    ``(j) Definitions.--For purposes of this section--
            ``(1) a factor is a `permissible' ground of 
        departure if it--
                    ``(A) advances the objectives set forth in 
                section 3553(a)(2); and
                    ``(B) is authorized under section 3553(b); 
                and
                    ``(C) is justified by the facts of the 
                case; and
            ``(2) a factor is an `impermissible' ground of 
        departure if it is not a permissible factor within the 
        meaning of subsection (j)(1).''.
    (g) Reform of Guidelines Governing Acceptance of 
Responsibility.--Subject to subsection (j), the Guidelines 
Manual promulgated by the Sentencing Commission pursuant to 
section 994(a) of title 28, United States Code, is amended--
            (1) in section 3E1.1(b)--
                    (A) by inserting ``upon motion of the 
                government stating that'' immediately before 
                ``the defendant has assisted authorities''; and
                    (B) by striking ``taking one or more'' and 
                all that follows through and including 
                ``additional level'' and insert ``timely 
                notifying authorities of his intention to enter 
                a plea of guilty, thereby permitting the 
                government to avoid preparing for trial and 
                permitting the government and the court to 
                allocate their resources efficiently, decrease 
                the offense level by 1 additional level'';
            (2) in the Application Notes to the Commentary to 
        section 3E1.1, by amending Application Note 6--
                    (A) by striking ``one or both of ''; and
                    (B) by adding the following new sentence at 
                the end: ``Because the Government is in the 
                best position to determine whether the 
                defendant has assisted authorities in a manner 
                that avoids preparing for trial, an adjustment 
                under subsection (b) may only be granted upon a 
                formal motion by the Government at the time of 
                sentencing.''; and
            (3) in the Background to section 3E1.1, by striking 
        ``one or more of''.
    (h) Improved Data Collection.--Section 994(w) of title 28, 
United States Code, is amended to read as follows:
    ``(w)(1) The Chief Judge of each district court shall 
ensure that, within 30 days following entry of judgment in 
every criminal case, the sentencing court submits to the 
Commission a written report of the sentence, the offense for 
which it is imposed, the age, race, sex of the offender, and 
information regarding factors made relevant by the guidelines. 
The report shall also include--
            ``(A) the judgment and commitment order;
            ``(B) the statement of reasons for the sentence 
        imposed (which shall include the reason for any 
        departure from the otherwise applicable guideline 
        range);
            ``(C) any plea agreement;
            ``(D) the indictment or other charging document;
            ``(E) the presentence report; and
            ``(F) any other information as the Commission finds 
        appropriate.
            ``(2) The Commission shall, upon request, make 
        available to the House and Senate Committees on the 
        Judiciary, the written reports and all underlying 
        records accompanying those reports described in this 
        section, as well as other records received from courts.
            ``(3) The Commission shall submit to Congress at 
        least annually an analysis of these documents, any 
        recommendations for legislation that the Commission 
        concludes is warranted by that analysis, and an 
        accounting of those districts that the Commission 
        believes have not submitted the appropriate information 
        and documents required by this section.
            ``(4) The Commission shall make available to the 
        Attorney General, upon request, such data files as the 
        Commission may assemble or maintain in electronic form 
        that include any information submitted under paragraph 
        (1). Such data files shall be made available in 
        electronic form and shall include all data fields 
        requested, including the identity of the sentencing 
        judge.''.
    (i) Sentencing Guidelines Amendments.--(1) Subject to 
subsection (j), the Guidelines Manual promulgated by the 
Sentencing Commission pursuant to section 994(a) of title 28, 
United States Code, is amended as follows:
            (A) Application Note 4(b)(i) to section 4B1.5 is 
        amended to read as follows:
                            ``(i) In general.--For purposes of 
                        subsection (b), the defendant engaged 
                        in a pattern of activity involving 
                        prohibited sexual conduct if on at 
                        least two separate occasions, the 
                        defendant engaged in prohibited sexual 
                        conduct with a minor.''.
            (B) Section 2G2.4(b) is amended by adding at the 
        end the following:
            ``(4) If the offense involved material that 
        portrays sadistic or masochistic conduct or other 
        depictions of violence, increase by 4 levels.
            ``(5) If the offense involved--
                    ``(A) at least 10 images, but fewer than 
                150, increase by 2 levels;
                    ``(B) at least 150 images, but fewer than 
                300, increase by 3 levels;
                    ``(C) at least 300 images, but fewer than 
                600, increase by 4 levels; and
                    ``(D) 600 or more images, increase by 5 
                levels.''.
            (C) Section 2G2.2(b) is amended by adding at the 
        end the following:
            ``(6) If the offense involved--
                    ``(A) at least 10 images, but fewer than 
                150, increase by 2 levels;
                    ``(B) at least 150 images, but fewer than 
                300, increase by 3 levels;
                    ``(C) at least 300 images, but fewer than 
                600, increase by 4 levels; and
                    ``(D) 600 or more images, increase by 5 
                levels.''.
    (2) The Sentencing Commission shall amend the Sentencing 
Guidelines to ensure that the Guidelines adequately reflect the 
seriousness of the offenses under sections 2243(b), 2244(a)(4), 
and 2244(b) of title 18, United States Code.
    (j) Conforming Amendments.--
            (1) Upon enactment of this Act, the Sentencing 
        Commission shall forthwith distribute to all courts of 
        the United States and to the United States Probation 
        System the amendments made by subsections (b), (g), and 
        (i) of this section to the sentencing guidelines, 
        policy statements, and official commentary of the 
        Sentencing Commission. These amendments shall take 
        effect upon the date of enactment of this Act, in 
        accordance with paragraph (5).
            (2) On or before May 1, 2005, the Sentencing 
        Commission shall not promulgate any amendment to the 
        sentencing guidelines, policy statements, or official 
        commentary of the Sentencing Commission that is 
        inconsistent with any amendment made by subsection (b) 
        or that adds any new grounds of downward departure to 
        Part K of chapter 5.
            (3) With respect to cases covered by the amendments 
        made by subsection (i) of this section, the Sentencing 
        Commission may make further amendments to the 
        sentencing guidelines, policy statements, or official 
        commentary of the Sentencing Commission, except that 
        the Commission shall not promulgate any amendments 
        that, with respect to such cases, would result in 
        sentencing ranges that are lower than those that would 
        have applied under such subsection.
            (4) At no time may the Commission promulgate any 
        amendment that would alter or repeal the amendments 
        made by subsection (g) of this section.
            (5) Section 3553(a) of title 18, United States 
        Code, is amended--
                    (A) by amending paragraph (4)(A) to read as 
                follows:
                    ``(A) the applicable category of offense 
                committed by the applicable category of 
                defendant as set forth in the guidelines--
                            ``(i) issued by the Sentencing 
                        Commission pursuant to section 
                        994(a)(1) of title 28, United States 
                        Code, subject to any amendments made to 
                        such guidelines by act of Congress 
                        (regardless of whether such amendments 
                        have yet to be incorporated by the 
                        Sentencing Commission into amendments 
                        issued under section 994(p) of title 
                        28); and
                            ``(ii) that, except as provided in 
                        section 3742(g), are in effect on the 
                        date the defendant is sentenced; or'';
                    (B) in paragraph (4)(B), by inserting ``, 
                taking into account any amendments made to such 
                guidelines or policy statements by act of 
                Congress (regardless of whether such amendments 
                have yet to be incorporated by the Sentencing 
                Commission into amendments issued under section 
                994(p) of title 28)'' after ``Code'';
                    (C) by amending paragraph (5) to read as 
                follows:
            ``(5) any pertinent policy statement--
                    ``(A) issued by the Sentencing Commission 
                pursuant to section 994(a)(2) of title 28, 
                United States Code, subject to any amendments 
                made to such policy statement by act of 
                Congress (regardless of whether such amendments 
                have yet to be incorporated by the Sentencing 
                Commission into amendments issued under section 
                994(p) of title 28); and
                    ``(B) that, except as provided in section 
                3742(g), is in effect on the date the defendant 
                is sentenced.''.
    (k) Compliance With Statute.--Section 994(a) of title 28, 
United States Code, is amended by striking ``consistent with 
all pertinent provisions of this title and title 18, United 
States Code,'' and inserting ``consistent with all pertinent 
provisions of any Federal statute''.
    (l) Report by Attorney General.--
            (1) Defined term.--For purposes of this section, 
        the term ``report described in paragraph (3)'' means a 
        report, submitted by the Attorney General, which states 
        in detail the policies and procedures that the 
        Department of Justice has adopted subsequent to the 
        enactment of this Act--
                    (A) to ensure that Department of Justice 
                attorneys oppose sentencing adjustments, 
                including downward departures, that are not 
                supported by the facts and the law;
                    (B) to ensure that Department of Justice 
                attorneys in such cases make a sufficient 
                record so as to permit the possibility of an 
                appeal;
                    (C) to delineate objective criteria, 
                specified by the Attorney General, as to which 
                such cases may warrant consideration of an 
                appeal, either because of the nature or 
                magnitude of the sentencing error, its 
                prevalence in the district, or its prevalence 
                with respect to a particular judge;
                    (D) to ensure that Department of Justice 
                attorneys promptly notify the designated 
                Department of Justice component in Washington 
                concerning such adverse sentencing decisions; 
                and
                    (E) to ensure the vigorous pursuit of 
                appropriate and meritorious appeals of such 
                adverse decisions.
            (2) Report required.--
                    (A) In general.--Not later than 15 days 
                after a district court's grant of a downward 
                departure in any case, other than a case 
                involving a downward departure for substantial 
                assistance to authorities pursuant to section 
                5K1.1 of the United States Sentencing 
                Guidelines, the Attorney General shall submit a 
                report to the Committees on the Judiciary of 
                the House of Representatives and the Senate 
                containing the information described under 
                subparagraph (B).
                    (B) Contents.--The report submitted 
                pursuant to subparagraph (A) shall set forth--
                            (i) the case;
                            (ii) the facts involved;
                            (iii) the identity of the district 
                        court judge;
                            (iv) the district court's stated 
                        reasons, whether or not the court 
                        provided the United States with advance 
                        notice of its intention to depart; and
                            (v) the position of the parties 
                        with respect to the downward departure, 
                        whether or not the United States has 
                        filed, or intends to file, a motion for 
                        reconsideration.
                    (C) Appeal of the departure.--Not later 
                than 5 days after a decision by the Solicitor 
                General regarding the authorization of an 
                appeal of the departure, the Attorney General 
                shall submit a report to the Committees on the 
                Judiciary of the House of Representatives and 
                the Senate that describes the decision of the 
                Solicitor General and the basis for such 
                decision.
            (3) Effective date.--Paragraph (2) shall take 
        effect on the day that is 91 days after the date of 
        enactment of this Act, except that such paragraph shall 
        not take effect if not more than 90 days after the date 
        of enactment of this Act the Attorney General has 
        submitted to the Judiciary Committees of the House of 
        Representatives and the Senate the report described in 
        paragraph (3).
    (m) Reform of Existing Permissible Grounds of Downward 
Departures.--Not later than 180 days after the enactment of 
this Act, the United States Sentencing Commission shall--
            (1) review the grounds of downward departure that 
        are authorized by the sentencing guidelines, policy 
        statements, and official commentary of the Sentencing 
        Commission; and
            (2) promulgate, pursuant to section 994 of title 
        28, United States Code--
                    (A) appropriate amendments to the 
                sentencing guidelines, policy statements, and 
                official commentary to ensure that the 
                incidence of downward departures are 
                substantially reduced;
                    (B) a policy statement authorizing a 
                downward departure of not more than 4 levels if 
                the Government files a motion for such 
                departure pursuant to an early disposition 
                program authorized by the Attorney General and 
                the United States Attorney; and
                    (C) any other conforming amendments to the 
                sentencing guidelines, policy statements, and 
                official commentary of the Sentencing 
                Commission necessitated by this Act, including 
                a revision of paragraph 4(b) of part A of 
                chapter 1 and a revision of section 5K2.0.
    (n) Composition of Sentencing Commission.--
            (1) In general.--Section 991(a) of title 28, United 
        States Code, is amended by striking ``At least three'' 
        and inserting ``Not more than 3''.
            (2) Applicability.--The amendment made under 
        paragraph (1) shall not apply to any person who is 
        serving, or who has been nominated to serve, as a 
        member of the Sentencing Commission on the date of 
        enactment of this Act.

                   TITLE V--OBSCENITY AND PORNOGRAPHY

         Subtitle A--Child Obscenity and Pornography Prevention

SEC. 501. FINDINGS.

    Congress finds the following:
            (1) Obscenity and child pornography are not 
        entitled to protection under the First Amendment under 
        Miller v. California, 413 U.S. 15 (1973) (obscenity), 
        or New York v. Ferber, 458 U.S. 747 (1982) (child 
        pornography) and thus may be prohibited.
            (2) The Government has a compelling state interest 
        in protecting children from those who sexually exploit 
        them, including both child molesters and child 
        pornographers. ``The prevention of sexual exploitation 
        and abuse of children constitutes a government 
        objective of surpassing importance,'' New York v. 
        Ferber, 458 U.S. 747, 757 (1982), and this interest 
        extends to stamping out the vice of child pornography 
        at all levels in the distribution chain. Osborne v. 
        Ohio, 495 U.S. 103, 110 (1990).
            (3) The Government thus has a compelling interest 
        in ensuring that the criminal prohibitions against 
        child pornography remain enforceable and effective. 
        ``The most expeditious if not the only practical method 
        of law enforcement may be to dry up the market for this 
        material by imposing severe criminal penalties on 
        persons selling, advertising, or otherwise promoting 
        the product.'' Ferber, 458 U.S. at 760.
            (4) In 1982, when the Supreme Court decided Ferber, 
        the technology did not exist to:
                    (A) computer generate depictions of 
                children that are indistinguishable from 
                depictions of real children;
                    (B) use parts of images of real children to 
                create a composite image that is unidentifiable 
                as a particular child and in a way that 
                prevents even an expert from concluding that 
                parts of images of real children were used; or
                    (C) disguise pictures of real children 
                being abused by making the image look computer-
                generated.
            (5) Evidence submitted to the Congress, including 
        from the National Center for Missing and Exploited 
        Children, demonstrates that technology already exists 
        to disguise depictions of real children to make them 
        unidentifiable and to make depictions of real children 
        appear computer-generated. The technology will soon 
        exist, if it does not already, to computer generate 
        realistic images of children.
            (6) The vast majority of child pornography 
        prosecutions today involve images contained on computer 
        hard drives, computer disks, and/or related media.
            (7) There is no substantial evidence that any of 
        the child pornography images being trafficked today 
        were made other than by the abuse of real children. 
        Nevertheless, technological advances since Ferber have 
        led many criminal defendants to suggest that the images 
        of child pornography they possess are not those of real 
        children, insisting that the government prove beyond a 
        reasonable doubt that the images are not computer-
        generated. Such challenges increased significantly 
        after the decision in Ashcroft v. Free Speech 
        Coalition, 535 U.S. 234 (2002).
            (8) Child pornography circulating on the Internet 
        has, by definition, been digitally uploaded or scanned 
        into computers and has been transferred over the 
        Internet, often in different file formats, from 
        trafficker to trafficker. An image seized from a 
        collector of child pornography is rarely a first-
        generation product, and the retransmission of images 
        can alter the image so as to make it difficult for even 
        an expert conclusively to opine that a particular image 
        depicts a real child. If the original image has been 
        scanned from a paper version into a digital format, 
        this task can be even harder since proper forensic 
        assessment may depend on the quality of the image 
        scanned and the tools used to scan it.
            (9) The impact of the Free Speech Coalition 
        decision on the Government's ability to prosecute child 
        pornography offenders is already evident. The Ninth 
        Circuit has seen a significant adverse effect on 
        prosecutions since the 1999 Ninth Circuit Court of 
        Appeals decision in Free Speech Coalition. After that 
        decision, prosecutions generally have been brought in 
        the Ninth Circuit only in the most clear-cut cases in 
        which the government can specifically identify the 
        child in the depiction or otherwise identify the origin 
        of the image. This is a fraction of meritorious child 
        pornography cases. The National Center for Missing and 
        Exploited Children testified that, in light of the 
        Supreme Court's affirmation of the Ninth Circuit 
        decision, prosecutors in various parts of the country 
        have expressed concern about the continued viability of 
        previously indicted cases as well as declined 
        potentially meritorious prosecutions.
            (10) Since the Supreme Court's decision in Free 
        Speech Coalition, defendants in child pornography cases 
        have almost universally raised the contention that the 
        images in question could be virtual, thereby requiring 
        the government, in nearly every child pornography 
        prosecution, to find proof that the child is real. Some 
        of these defense efforts have already been successful. 
        In addition, the number of prosecutions being brought 
        has been significantly and adversely affected as the 
        resources required to be dedicated to each child 
        pornography case now are significantly higher than ever 
        before.
            (11) Leading experts agree that, to the extent that 
        the technology exists to computer generate realistic 
        images of child pornography, the cost in terms of time, 
        money, and expertise is--and for the foreseeable future 
        will remain--prohibitively expensive. As a result, for 
        the foreseeable future, it will be more cost-effective 
        to produce child pornography using real children. It 
        will not, however, be difficult or expensive to use 
        readily available technology to disguise those 
        depictions of real children to make them unidentifiable 
        or to make them appear computer-generated.
            (12) Child pornography results from the abuse of 
        real children by sex offenders; the production of child 
        pornography is a byproduct of, and not the primary 
        reason for, the sexual abuse of children. There is no 
        evidence that the future development of easy and 
        inexpensive means of computer generating realistic 
        images of children would stop or even reduce the sexual 
        abuse of real children or the practice of visually 
        recording that abuse.
            (13) In the absence of congressional action, the 
        difficulties in enforcing the child pornography laws 
        will continue to grow increasingly worse. The mere 
        prospect that the technology exists to create composite 
        or computer-generated depictions that are 
        indistinguishable from depictions of real children will 
        allow defendants who possess images of real children to 
        escape prosecution; for it threatens to create a 
        reasonable doubt in every case of computer images even 
        when a real child was abused. This threatens to render 
        child pornography laws that protect real children 
        unenforceable. Moreover, imposing an additional 
        requirement that the Government prove beyond a 
        reasonable doubt that the defendant knew that the image 
        was in fact a real child--as some courts have done--
        threatens to result in the de facto legalization of the 
        possession, receipt, and distribution of child 
        pornography for all except the original producers of 
        the material.
            (14) To avoid this grave threat to the Government's 
        unquestioned compelling interest in effective 
        enforcement of the child pornography laws that protect 
        real children, a statute must be adopted that prohibits 
        a narrowly-defined subcategory of images.
            (15) The Supreme Court's 1982 Ferber v. New York 
        decision holding that child pornography was not 
        protected drove child pornography off the shelves of 
        adult bookstores. Congressional action is necessary now 
        to ensure that open and notorious trafficking in such 
        materials does not reappear, and even increase, on the 
        Internet.

SEC. 502. IMPROVEMENTS TO PROHIBITION ON VIRTUAL CHILD PORNOGRAPHY.

    (a) Section 2256(8) of title 18, United States Code, is 
amended--
            (1) so that subparagraph (B) reads as follows:
                    ``(B) such visual depiction is a digital 
                image, computer image, or computer-generated 
                image that is, or is indistinguishable from, 
                that of a minor engaging in sexually explicit 
                conduct; or'':
            (2) by striking ``; or'' at the end of subparagraph 
        (C) and inserting a period; and
            (3) by striking subparagraph (D).
    (b) Section 2256(2) of title 18, United States Code, is 
amended to read as follows:
            ``(2)(A) Except as provided in subparagraph (B), 
        `sexually explicit conduct' means actual or simulated--
                    ``(i) sexual intercourse, including 
                genital-genital, oral-genital, anal-genital, or 
                oral-anal, whether between persons of the same 
                or opposite sex;
                    ``(ii) bestiality;
                    ``(iii) masturbation;
                    ``(iv) sadistic or masochistic abuse; or
                    ``(v) lascivious exhibition of the genitals 
                or pubic area of any person;
            ``(B) For purposes of subsection 8(B) of this 
        section, `sexually explicit conduct' means--
                    ``(i) graphic sexual intercourse, including 
                genital-genital, oral-genital, anal-genital, or 
                oral-anal, whether between persons of the same 
                or opposite sex, or lascivious simulated sexual 
                intercourse where the genitals, breast, or 
                pubic area of any person is exhibited;
                    ``(ii) graphic or lascivious simulated;
                            ``(I) bestiality;
                            ``(II) masturbation; or
                            ``(III) sadistic or masochistic 
                        abuse; or
                    ``(iii) graphic or simulated lascivious 
                exhibition of the genitals or pubic area of any 
                person;''.
    (c) Section 2256 is amended by inserting at the end the 
following new paragraphs:
            ``(10) `graphic', when used with respect to a 
        depiction of sexually explicit conduct, means that a 
        viewer can observe any part of the genitals or pubic 
        area of any depicted person or animal during any part 
        of the time that the sexually explicit conduct is being 
        depicted; and
            ``(11) the term `indistinguishable' used with 
        respect to a depiction, means virtually 
        indistinguishable, in that the depiction is such that 
        an ordinary person viewing the depiction would conclude 
        that the depiction is of an actual minor engaged in 
        sexually explicit conduct. This definition does not 
        apply to depictions that are drawings, cartoons, 
        sculptures, or paintings depicting minors or adults.''.
    (d) Section 2252A(c) of title 18, United States Code, is 
amended to read as follows:
    ``(c) It shall be an affirmative defense to a charge of 
violating paragraph (1), (2), (3)(A), (4), or (5) of subsection 
(a) that--
            ``(1)(A) the alleged child pornography was produced 
        using an actual person or persons engaging in sexually 
        explicit conduct; and
            ``(B) each such person was an adult at the time the 
        material was produced; or
            ``(2) the alleged child pornography was not 
        produced using any actual minor or minors.

No affirmative defense under subsection (c)(2) shall be 
available in any prosecution that involves child pornography as 
described in section 2256(8)(C). A defendant may not assert an 
affirmative defense to a charge of violating paragraph (1), 
(2), (3)(A), (4), or (5) of subsection (a) unless, within the 
time provided for filing pretrial motions or at such time prior 
to trial as the judge may direct, but in no event later than 10 
days before the commencement of the trial, the defendant 
provides the court and the United States with notice of the 
intent to assert such defense and the substance of any expert 
or other specialized testimony or evidence upon which the 
defendant intends to rely. If the defendant fails to comply 
with this subsection, the court shall, absent a finding of 
extraordinary circumstances that prevented timely compliance, 
prohibit the defendant from asserting such defense to a charge 
of violating paragraph (1), (2), (3)(A), (4), or (5) of 
subsection (a) or presenting any evidence for which the 
defendant has failed to provide proper and timely notice.''.

SEC. 503. CERTAIN ACTIVITIES RELATING TO MATERIAL CONSTITUTING OR 
                    CONTAINING CHILD PORNOGRAPHY.

    Section 2252A of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (3) and inserting 
                the following:
            ``(3) knowingly--
                    ``(A) reproduces any child pornography for 
                distribution through the mails, or in 
                interstate or foreign commerce by any means, 
                including by computer; or
                    ``(B) advertises, promotes, presents, 
                distributes, or solicits through the mails, or 
                in interstate or foreign commerce by any means, 
                including by computer, any material or 
                purported material in a manner that reflects 
                the belief, or that is intended to cause 
                another to believe, that the material or 
                purported material is, or contains--
                            ``(i) an obscene visual depiction 
                        of a minor engaging in sexually 
                        explicit conduct; or
                            ``(ii) a visual depiction of an 
                        actual minor engaging in sexually 
                        explicit conduct;'';
                    (B) in paragraph (4), by striking ``or'' at 
                the end;
                    (C) in paragraph (5), by striking the comma 
                at the end and inserting ``; or''; and
                    (D) by adding after paragraph (5) the 
                following:
            ``(6) knowingly distributes, offers, sends, or 
        provides to a minor any visual depiction, including any 
        photograph, film, video, picture, or computer generated 
        image or picture, whether made or produced by 
        electronic, mechanical, or other means, where such 
        visual depiction is, or appears to be, of a minor 
        engaging in sexually explicit conduct--
                    ``(A) that has been mailed, shipped, or 
                transported in interstate or foreign commerce 
                by any means, including by computer;
                    ``(B) that was produced using materials 
                that have been mailed, shipped, or transported 
                in interstate or foreign commerce by any means, 
                including by computer; or
                    ``(C) which distribution, offer, sending, 
                or provision is accomplished using the mails or 
                by transmitting or causing to be transmitted 
                any wire communication in interstate or foreign 
                commerce, including by computer,

        for purposes of inducing or persuading a minor to 
        participate in any activity that is illegal.''; and
            (2) in subsection (b)(1), by striking ``paragraphs 
        (1), (2), (3), or (4)'' and inserting ``paragraph (1), 
        (2), (3), (4), or (6)''.

SEC. 504. OBSCENE CHILD PORNOGRAPHY.

    (a) In General.--Chapter 71 of title 18, United States 
Code, is amended by inserting after section 1466 the following:

``Sec. 1466A. Obscene visual representations of the sexual abuse of 
                    children

    ``(a) In General.--Any person who, in a circumstance 
described in subsection (d), knowingly produces, distributes, 
receives, or possesses with intent to distribute, a visual 
depiction of any kind, including a drawing, cartoon, sculpture, 
or painting, that--
            ``(1)(A) depicts a minor engaging in sexually 
        explicit conduct; and
            ``(B) is obscene; or
            ``(2)(A) depicts an image that is, or appears to 
        be, of a minor engaging in graphic bestiality, sadistic 
        or masochistic abuse, or sexual intercourse, including 
        genital-genital, oral-genital, anal-genital, or oral-
        anal, whether between persons of the same or opposite 
        sex; and
            ``(B) lacks serious literary, artistic, political, 
        or scientific value;

or attempts or conspires to do so, shall be subject to the 
penalties provided in section 2252A(b)(1), including the 
penalties provided for cases involving a prior conviction.
    ``(b) Additional Offenses.--Any person who, in a 
circumstance described in subsection (d), knowingly possesses a 
visual depiction of any kind, including a drawing, cartoon, 
sculpture, or painting, that--
            ``(1)(A) depicts a minor engaging in sexually 
        explicit conduct; and
            ``(B) is obscene; or
            ``(2)(A) depicts an image that is, or appears to 
        be, of a minor engaging in graphic bestiality, sadistic 
        or masochistic abuse, or sexual intercourse, including 
        genital-genital, oral-genital, anal-genital, or oral-
        anal, whether between persons of the same or opposite 
        sex; and
            ``(B) lacks serious literary, artistic, political, 
        or scientific value;

or attempts or conspires to do so, shall be subject to the 
penalties provided in section 2252A(b)(2), including the 
penalties provided for cases involving a prior conviction.
    ``(c) Nonrequired Element of Offense.--It is not a required 
element of any offense under this section that the minor 
depicted actually exist.
    ``(d) Circumstances.--The circumstance referred to in 
subsections (a) and (b) is that--
            ``(1) any communication involved in or made in 
        furtherance of the offense is communicated or 
        transported by the mail, or in interstate or foreign 
        commerce by any means, including by computer, or any 
        means or instrumentality of interstate or foreign 
        commerce is otherwise used in committing or in 
        furtherance of the commission of the offense;
            ``(2) any communication involved in or made in 
        furtherance of the offense contemplates the 
        transmission or transportation of a visual depiction by 
        the mail, or in interstate or foreign commerce by any 
        means, including by computer;
            ``(3) any person travels or is transported in 
        interstate or foreign commerce in the course of the 
        commission or in furtherance of the commission of the 
        offense;
            ``(4) any visual depiction involved in the offense 
        has been mailed, or has been shipped or transported in 
        interstate or foreign commerce by any means, including 
        by computer, or was produced using materials that have 
        been mailed, or that have been shipped or transported 
        in interstate or foreign commerce by any means, 
        including by computer; or
            ``(5) the offense is committed in the special 
        maritime and territorial jurisdiction of the United 
        States or in any territory or possession of the United 
        States.
    ``(e) Affirmative Defense.--It shall be an affirmative 
defense to a charge of violating subsection (b) that the 
defendant--
            ``(1) possessed less than 3 such visual depictions; 
        and
            ``(2) promptly and in good faith, and without 
        retaining or allowing any person, other than a law 
        enforcement agency, to access any such visual 
        depiction--
                    ``(A) took reasonable steps to destroy each 
                such visual depiction; or
                    ``(B) reported the matter to a law 
                enforcement agency and afforded that agency 
                access to each such visual depiction.
    ``(f) Definitions.--For purposes of this section--
            ``(1) the term `visual depiction' includes 
        undeveloped film and videotape, and data stored on a 
        computer disk or by electronic means which is capable 
        of conversion into a visual image, and also includes 
        any photograph, film, video, picture, digital image or 
        picture, computer image or picture, or computer 
        generated image or picture, whether made or produced by 
        electronic, mechanical, or other means;
            ``(2) the term `sexually explicit conduct' has the 
        meaning given the term in section 2256(2)(A) or 
        2256(2)(B); and
            ``(3) the term `graphic', when used with respect to 
        a depiction of sexually explicit conduct, means that a 
        viewer can observe any part of the genitals or pubic 
        area of any depicted person or animal during any part 
        of the time that the sexually explicit conduct is being 
        depicted.''.
    (b) Technical and Conforming Amendment.--The table of 
sections at the beginning of such chapter is amended by 
inserting after the item relating to section 1466 the following 
new item:

``1466A. Obscene visual representations of the sexual abuse of 
          children.''.

    (c) Sentencing Guidelines.--
            (1) Category.--Except as provided in paragraph (2), 
        the applicable category of offense to be used in 
        determining the sentencing range referred to in section 
        3553(a)(4) of title 18, United States Code, with 
        respect to any person convicted under section 1466A of 
        such title, shall be the category of offenses described 
        in section 2G2.2 of the Sentencing Guidelines.
            (2) Ranges.--The Sentencing Commission may 
        promulgate guidelines specifically governing offenses 
        under section 1466A of title 18, United States Code, if 
        such guidelines do not result in sentencing ranges that 
        are lower than those that would have applied under 
        paragraph (1).

SEC. 505. ADMISSIBILITY OF EVIDENCE.

    Section 2252A of title 18, United States Code, is amended 
by adding at the end the following:
    ``(e) Admissibility of Evidence.--On motion of the 
government, in any prosecution under this chapter or section 
1466A, except for good cause shown, the name, address, social 
security number, or other nonphysical identifying information, 
other than the age or approximate age, of any minor who is 
depicted in any child pornography shall not be admissible and 
may be redacted from any otherwise admissible evidence, and the 
jury shall be instructed, upon request of the United States, 
that it can draw no inference from the absence of such evidence 
in deciding whether the child pornography depicts an actual 
minor.''.

SEC. 506. EXTRATERRITORIAL PRODUCTION OF CHILD PORNOGRAPHY FOR 
                    DISTRIBUTION IN THE UNITED STATES.

    Section 2251 of title 18, United States Code, is amended--
            (1) by striking ``subsection (d)'' each place that 
        term appears and inserting ``subsection (e)'';
            (2) by redesignating subsections (c) and (d) as 
        subsections (d) and (e), respectively; and
            (3) by inserting after subsection (b) the 
        following:
    ``(c)(1) Any person who, in a circumstance described in 
paragraph (2), employs, uses, persuades, induces, entices, or 
coerces any minor to engage in, or who has a minor assist any 
other person to engage in, any sexually explicit conduct 
outside of the United States, its territories or possessions, 
for the purpose of producing any visual depiction of such 
conduct, shall be punished as provided under subsection (e).
    ``(2) The circumstance referred to in paragraph (1) is 
that--
            ``(A) the person intends such visual depiction to 
        be transported to the United States, its territories or 
        possessions, by any means, including by computer or 
        mail; or
            ``(B) the person transports such visual depiction 
        to the United States, its territories or possessions, 
        by any means, including by computer or mail.''.

SEC. 507. STRENGTHENING ENHANCED PENALTIES FOR REPEAT OFFENDERS.

    Sections 2251(e) (as redesignated by section 506(2)), 
2252(b), and 2252A(b) of title 18, United States Code, are each 
amended--
            (1) by inserting ``chapter 71,'' immediately before 
        each occurrence of ``chapter 109A,''; and
            (2) by inserting ``or under section 920 of title 10 
        (article 120 of the Uniform Code of Military 
        Justice),'' immediately before each occurrence of ``or 
        under the laws''.

SEC. 508. SERVICE PROVIDER REPORTING OF CHILD PORNOGRAPHY AND RELATED 
                    INFORMATION.

    (a) Section 227 of the Victims of Child Abuse Act of 1990 
(42 U.S.C. 13032) is amended--
            (1) in subsection (b)(1)--
                    (A) by inserting ``2252B,'' after 
                ``2252A,''; and
                    (B) by inserting ``or a violation of 
                section 1466A of that title,'' after ``of that 
                title),'';
            (2) in subsection (c), by inserting ``or pursuant 
        to'' after ``to comply with'';
            (3) by amending subsection (f)(1)(D) to read as 
        follows:
                    ``(D) where the report discloses a 
                violation of State criminal law, to an 
                appropriate official of a State or subdivision 
                of a State for the purpose of enforcing such 
                State law.'';
            (4) by redesignating paragraph (3) of subsection 
        (b) as paragraph (4); and
            (5) by inserting after paragraph (2) of subsection 
        (b) the following new paragraph:
            ``(3) In addition to forwarding such reports to 
        those agencies designated in subsection (b)(2), the 
        National Center for Missing and Exploited Children is 
        authorized to forward any such report to an appropriate 
        official of a state or subdivision of a state for the 
        purpose of enforcing state criminal law.''.
    (b) Section 2702 of title 18, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (6), by striking 
                subparagraph (B);
                    (B) by redesignating paragraphs (6) and (7) 
                as paragraphs (7) and (8) respectively;
                    (C) by striking ``or'' at the end of 
                paragraph (5); and
                    (D) by inserting after paragraph (5) the 
                following new paragraph:
            ``(6) to the National Center for Missing and 
        Exploited Children, in connection with a report 
        submitted thereto under section 227 of the Victims of 
        Child Abuse Act of 1990 (42 U.S.C. 13032);''; and
            (2) in subsection (c)--
                    (A) by striking ``or'' at the end of 
                paragraph (4);
                    (B) by redesignating paragraph (5) as 
                paragraph (6); and
                    (C) by adding after paragraph (4) the 
                following new paragraph:
            ``(5) to the National Center for Missing and 
        Exploited Children, in connection with a report 
        submitted thereto under section 227 of the Victims of 
        Child Abuse Act of 1990 (42 U.S.C. 13032); or''.

SEC. 509. INVESTIGATIVE AUTHORITY RELATING TO CHILD PORNOGRAPHY.

    Section 3486(a)(1)(C)(i) of title 18, United States Code, 
is amended by striking ``the name, address'' and all that 
follows through ``subscriber or customer utilized'' and 
inserting ``the information specified in section 2703(c)(2)''.

SEC. 510. CIVIL REMEDIES.

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

SEC. 511. RECORDKEEPING REQUIREMENTS.

    (a) In General.--Section 2257 of title 18, United States 
Code, is amended--
            (1) in subsection (d)(2), by striking ``of this 
        section'' and inserting ``of this chapter or chapter 
        71,'';
            (2) in subsection (h)(3), by inserting ``, computer 
        generated image, digital image, or picture,'' after 
        ``video tape''; and
            (3) in subsection (i)--
                    (A) by striking ``not more than 2 years'' 
                and inserting ``not more than 5 years''; and
                    (B) by striking ``5 years'' and inserting 
                ``10 years''.
    (b) Report.--Not later than 1 year after enactment of this 
Act, the Attorney General shall submit to Congress a report 
detailing the number of times since January 1993 that the 
Department of Justice has inspected the records of any producer 
of materials regulated pursuant to section 2257 of title 18, 
United States Code, and section 75 of title 28 of the Code of 
Federal Regulations. The Attorney General shall indicate the 
number of violations prosecuted as a result of those 
inspections.

SEC. 512. SENTENCING ENHANCEMENTS FOR INTERSTATE TRAVEL TO ENGAGE IN 
                    SEXUAL ACT WITH A JUVENILE.

    Pursuant to its authority under section 994(p) of title 28, 
United States Code, and in accordance with this section, the 
United States Sentencing Commission shall review and, as 
appropriate, amend the Federal Sentencing Guidelines and policy 
statements to ensure that guideline penalties are adequate in 
cases that involve interstate travel with the intent to engage 
in a sexual act with a juvenile in violation of section 2423 of 
title 18, United States Code, to deter and punish such conduct.

SEC. 513. MISCELLANEOUS PROVISIONS.

    (a) Appointment of Trial Attorneys.--
            (1) In general.--Not later than 6 months after the 
        date of enactment of this Act, the Attorney General 
        shall appoint 25 additional trial attorneys to the 
        Child Exploitation and Obscenity Section of the 
        Criminal Division of the Department of Justice or to 
        appropriate 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''.
    (b) Authorization of Appropriations.--There are authorized 
to be appropriated to the Department of Justice, for each of 
fiscal years 2004 through 2007, such sums as may be necessary 
to carry out the amendments made by this section.

SEC. 606. GRANTS TO STATES FOR COSTS OF COMPLIANCE WITH NEW SEX 
                    OFFENDER REGISTRY REQUIREMENTS.

    Section 170101(i)(3) of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14071(i)(3) is amended to 
read as follows:
            ``(3) Authorization of Appropriations.--There is 
        authorized to be appropriated for each of the fiscal 
        years 2004 through 2007 such sums as may be necessary 
        to carry out the provisions of section 1701(d)(10) of 
        the Omnibus Crime Control and Safe Streets Act of 1968 
        (42 U.S.C. 3796dd(d)(10)), as added by the PROTECT 
        Act.''.

SEC. 607. SAFE ID ACT.

    (a) Short Title.--This section may be cited as the ``Secure 
Authentication Feature and Enhanced Identification Defense Act 
of 2003'' or ``SAFE ID Act''.
    (b) Fraud and False Statements.--
            (1) Offenses.--Section 1028(a) of title 18, United 
        States Code, is amended--
                    (A) in paragraph (1), by inserting ``, 
                authentication feature,'' after ``an 
                identification document'';
                    (B) in paragraph (2)--
                            (i) by inserting ``, authentication 
                        feature,'' after ``an identification 
                        document''; and
                            (ii) by inserting ``or feature'' 
                        after ``such document'';
                    (C) in paragraph (3), by inserting ``, 
                authentication features,'' after 
                ``possessor)'';
                    (D) in paragraph (4)--
                            (i) by inserting ``, authentication 
                        feature,'' after ``possessor)''; and
                            (ii) by inserting ``or feature'' 
                        after ``such document'';
                    (E) in paragraph (5), by inserting ``or 
                authentication feature'' after ``implement'' 
                each place that term appears;
                    (F) in paragraph (6)--
                            (i) by inserting ``or 
                        authentication feature'' before ``that 
                        is or appears'';
                            (ii) by inserting ``or 
                        authentication feature'' before ``of 
                        the United States'';
                            (iii) by inserting ``or feature'' 
                        after ``such document''; and
                            (iv) by striking ``or'' at the end;
                    (G) in paragraph (7), by inserting ``or'' 
                after the semicolon; and
                    (H) by inserting after paragraph (7) the 
                following:
            ``(8) knowingly traffics in false authentication 
        features for use in false identification documents, 
        document-making implements, or means of 
        identification;''.
            (2) Penalties.--Section 1028(b) of title 18, United 
        States Code, is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) by inserting ``, 
                                authentication feature,'' 
                                before ``or false''; and
                                    (II) in clause (i), by 
                                inserting ``or authentication 
                                feature'' after ``document''; 
                                and
                            (ii) in subparagraph (B), by 
                        inserting ``, authentication 
                        features,'' before ``or false''; and
                    (B) in paragraph (2)(A), by inserting ``, 
                authentication feature,'' before ``or a 
                false''.
            (3) Circumstances.--Section 1028(c)(1) of title 18, 
        United States Code, is amended by inserting ``, 
        authentication feature,'' before ``or false'' each 
        place that term appears.
            (4) Definitions.--Section 1028(d) of title 18, 
        United States Code, is amended--
                    (A) by redesignating paragraphs (1), (2), 
                (3), (4), (5), (6), (7), and (8) as paragraphs 
                (2), (3), (4), (7), (8), (9), (10), and (11), 
                respectively;
                    (B) by inserting before paragraph (2), as 
                redesignated, the following:
            ``(1) the term `authentication feature' means any 
        hologram, watermark, certification, symbol, code, 
        image, sequence of numbers or letters, or other feature 
        that either individually or in combination with another 
        feature is used by the issuing authority on an 
        identification document, document-making implement, or 
        means of identification to determine if the document is 
        counterfeit, altered, or otherwise falsified;'';
                    (C) in paragraph (4)(A), as redesignated, 
                by inserting ``or was issued under the 
                authority of a governmental entity but was 
                subsequently altered for purposes of deceit'' 
                after ``entity'';
                    (D) by inserting after paragraph (4), as 
                redesignated, the following:
            ``(5) the term `false authentication feature' means 
        an authentication feature that--
                    ``(A) is genuine in origin, but, without 
                the authorization of the issuing authority, has 
                been tampered with or altered for purposes of 
                deceit;
                    ``(B) is genuine, but has been distributed, 
                or is intended for distribution, without the 
                authorization of the issuing authority and not 
                in connection with a lawfully made 
                identification document, document-making 
                implement, or means of identification to which 
                such authentication feature is intended to be 
                affixed or embedded by the respective issuing 
                authority; or
                    ``(C) appears to be genuine, but is not;
            ``(6) the term `issuing authority'--
                    ``(A) means any governmental entity or 
                agency that is authorized to issue 
                identification documents, means of 
                identification, or authentication features; and
                    ``(B) includes the United States 
                Government, a State, a political subdivision of 
                a State, a foreign government, a political 
                subdivision of a foreign government, or an 
                international government or quasi-governmental 
                organization;'';
                    (E) in paragraph (10), as redesignated, by 
                striking ``and'' at the end;
                    (F) in paragraph (11), as redesignated, by 
                striking the period at the end and inserting 
                ``; and''; and
                    (G) by adding at the end the following:
            ``(12) the term `traffic' means--
                    ``(A) to transport, transfer, or otherwise 
                dispose of, to another, as consideration for 
                anything of value; or
                    ``(B) to make or obtain control of with 
                intent to so transport, transfer, or otherwise 
                dispose of.''.
            (5) Additional penalties.--Section 1028 of title 
        18, United States Code, is amended--
                    (A) by redesignating subsection (h) as 
                subsection (i); and
                    (B) by inserting after subsection (g) the 
                following:
    ``(h) Forfeiture; Disposition.--In the circumstance in 
which any person is convicted of a violation of subsection (a), 
the court shall order, in addition to the penalty prescribed, 
the forfeiture and destruction or other disposition of all 
illicit authentication features, identification documents, 
document-making implements, or means of identification.''.
            (6) Technical and conforming amendment.--Section 
        1028 of title 18, United States Code, is amended in the 
        heading by inserting ``, AUTHENTICATION FEATURES,'' 
        after ``DOCUMENTS''.

SEC. 608. ILLICIT DRUG ANTI-PROLIFERATION ACT.

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

``SEC. 416. MAINTAINING DRUG-INVOLVED PREMISES.''.

            (3) Conforming amendment.--The table of contents to 
        title II of the Comprehensive Drug Abuse and Prevention 
        Act of 1970 is amended by striking the item relating to 
        section 416 and inserting the following:

``Sec. 416. Maintaining drug-involved premises.''.

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

SEC. 609. DEFINITION OF VEHICLE.

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

SEC. 610. AUTHORIZATION OF JOHN DOE DNA INDICTMENTS.

    (a) Limitation.--Section 3282 of title 18, United States 
Code, is amended--
            (1) by striking ``Except'' and inserting the 
        following:
    ``(a) In General.--Except''; and
            (2) by adding at the end the following:
    ``(b) DNA Profile Indictment.--
            ``(1) In general.--In any indictment for an offense 
        under chapter 109A for which the identity of the 
        accused is unknown, it shall be sufficient to describe 
        the accused as an individual whose name is unknown, but 
        who has a particular DNA profile.
            ``(2) Exception.--Any indictment described under 
        paragraph (1), which is found not later than 5 years 
        after the offense under chapter 109A is committed, 
        shall not be subject to--
                    ``(A) the limitations period described 
                under subsection (a); and
                    ``(B) the provisions of chapter 208 until 
                the individual is arrested or served with a 
                summons in connection with the charges 
                contained in the indictment.
            ``(3) Defined term.--For purposes of this 
        subsection, the term `DNA profile' means a set of DNA 
        identification characteristics.''.
    (b) Rules of Criminal Procedure.--Rule 7(c)(1) of the 
Federal Rules of Criminal Procedure is amended by adding at the 
end the following: ``For purposes of an indictment referred to 
in section 3282 of title 18, United States Code, for which the 
identity of the defendant is unknown, it shall be sufficient 
for the indictment to describe the defendant as an individual 
whose name is unknown, but who has a particular DNA profile, as 
that term is defined in that section 3282.''.

SEC. 611. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS OF 
                    DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT.

    Subtitle B of the Violence Against Women Act of 1994 (42 
U.S.C. 13701 note; 108 Stat. 1925) is amended by adding at the 
end the following:

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

``SEC. 40299. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS 
                    OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT.

    ``(a) In General.--The Attorney General, acting in 
consultation with the Director of the Violence Against Women 
Office of the Department of Justice, shall award grants under 
this section to States, units of local government, Indian 
tribes, and other organizations (referred to in this section as 
the `recipient') to carry out programs to provide assistance to 
minors, adults, and their dependents--
            ``(1) who are homeless, or in need of transitional 
        housing or other housing assistance, as a result of 
        fleeing a situation of domestic violence; and
            ``(2) for whom emergency shelter services or other 
        crisis intervention services are unavailable or 
        insufficient.
    ``(b) Grants.--Grants awarded under this section may be 
used for programs that provide--
            ``(1) short-term housing assistance, including 
        rental or utilities payments assistance and assistance 
        with related expenses such as payment of security 
        deposits and other costs incidental to relocation to 
        transitional housing for persons described in 
        subsection (a); and
            ``(2) support services designed to enable a minor, 
        an adult, or a dependent of such minor or adult, who is 
        fleeing a situation of domestic violence to--
                    ``(A) locate and secure permanent housing; 
                and
                    ``(B) integrate into a community by 
                providing that minor, adult, or dependent with 
                services, such as transportation, counseling, 
                child care services, case management, 
                employment counseling, and other assistance.
    ``(c) Duration.--
            ``(1) In general.--Except as provided in paragraph 
        (2), a minor, an adult, or a dependent, who receives 
        assistance under this section shall receive that 
        assistance for not more than 18 months.
            ``(2) Waiver.--The recipient of a grant under this 
        section may waive the restriction under paragraph (1) 
        for not more than an additional 6 month period with 
        respect to any minor, adult, or dependent, who--
                    ``(A) has made a good-faith effort to 
                acquire permanent housing; and
                    ``(B) has been unable to acquire permanent 
                housing.
    ``(d) Application--
            ``(1) In general.--Each eligible entity desiring a 
        grant under this section shall submit an application to 
        the Attorney General at such time, in such manner, and 
        accompanied by such information as the Attorney General 
        may reasonably require.
            ``(2) Contents.--Each application submitted 
        pursuant to paragraph (1) shall--
                    ``(A) describe the activities for which 
                assistance under this section is sought; and
                    ``(B) provide such additional assurances as 
                the Attorney General determines to be essential 
                to ensure compliance with the requirements of 
                this section.
            ``(3) Application.--Nothing in this subsection 
        shall be construed to require--
                    ``(A) victims to participate in the 
                criminal justice system in order to receive 
                services; or
                    ``(B) domestic violence advocates to breach 
                client confidentiality.
    ``(e) Report to the Attorney General--
            ``(1) In general.--A recipient of a grant under 
        this section shall annually prepare and submit to the 
        Attorney General a report describing--
                    ``(A) the number of minors, adults, and 
                dependents assisted under this section; and
                    ``(B) the types of housing assistance and 
                support services provided under this section.
            ``(2) Contents.--Each report prepared and submitted 
        pursuant to paragraph (1) shall include information 
        regarding--
                    ``(A) the amount of housing assistance 
                provided to each minor, adult, or dependent, 
                assisted under this section and the reason for 
                that assistance;
                    ``(B) the number of months each minor, 
                adult, or dependent, received assistance under 
                this section;
                    ``(C) the number of minors, adults, and 
                dependents who--
                            ``(i) were eligible to receive 
                        assistance under this section; and
                            ``(ii) were not provided with 
                        assistance under this section solely 
                        due to a lack of available housing; and
                    ``(D) the type of support services provided 
                to each minor, adult, or dependent, assisted 
                under this section.
    ``(f) Report to Congress.--
            ``(1) Reporting requirement.--The Attorney General, 
        with the Director of the Violence Against Women Office, 
        shall annually prepare and submit to the Committee on 
        the Judiciary of the House of Representatives and the 
        Committee on the Judiciary of the Senate a report that 
        contains a compilation of the information contained in 
        the report submitted under subsection (e).
            ``(2) Availability of report.--In order to 
        coordinate efforts to assist the victims of domestic 
        violence, the Attorney General, in coordination with 
        the Director of the Violence Against Women Office, 
        shall transmit a copy of the report submitted under 
        paragraph (1) to--
                    ``(A) the Office of Community Planning and 
                Development at the United States Department of 
                Housing and Urban Development; and
                    ``(B) the Office of Women's Health at the 
                United States Department of Health and Human 
                Services.
    ``(g) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be 
        appropriated to carry out this section $30,000,000 for 
        each of the fiscal years 2004 through 2008.
            ``(2) Limitations.--Of the amount made available to 
        carry out this section in any fiscal year, not more 
        than 3 percent may be used by the Attorney General for 
        salaries and administrative expenses.
            ``(3) Minimum amount.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), unless all eligible 
                applications submitted by any States, units of 
                local government, Indian tribes, or 
                organizations within a State for a grant under 
                this section have been funded, that State, 
                together with the grantees within the State 
                (other than Indian tribes), shall be allocated 
                in each fiscal year, not less than 0.75 percent 
                of the total amount appropriated in the fiscal 
                year for grants pursuant to this section.
                    ``(B) Exception.--The United States Virgin 
                Islands, American Samoa, Guam, and the Northern 
                Mariana Islands shall each be allocated not 
                less than 0.25 percent of the total amount 
                appropriated in the fiscal year for grants 
                pursuant to this section.''.
      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.
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 murder 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 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 standards for 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 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 
sectiondirects 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.
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. 
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 make or solicit 
transmission of child pornography to adults andminors. 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.
---------------------------------------------------------------------------
    \17\ 21 U.S.C. Sec. 856.
---------------------------------------------------------------------------
      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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