    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 650]]

    Public Law 108-21
    108th Congress

    An Act

    To prevent child abduction and the sexual exploitation of children, and
    for other purposes. [NOTE: Apr. 30, 2003 -  [S. 151]]

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress [NOTE: Prosecutorial Remedies and
    Other Tools to end the Exploitation of Children Today Act of 2003. 18
    USC 1 note.] assembled,

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

    TITLE I--SANCTIONS AND OFFENSES

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

    TITLE II--INVESTIGATIONS AND PROSECUTIONS

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

    TITLE III--PUBLIC OUTREACH

    Subtitle A--AMBER Alert

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

    Subtitle B--National Center for Missing and Exploited Children

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

    Subtitle C--Sex Offender Apprehension Program

    Sec. 341. Authorization.

    Subtitle D--Missing Children Procedures in Public Buildings

    Sec. 361. Short title.

    [[Page 651]]

    117 STAT. 651

    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. [NOTE: 18 USC 1 note.] 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:

    [[Page 652]]

    117 STAT. 652

    ``(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''.

    [[Page 653]]

    117 STAT. 653

    (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 [NOTE: Effective
    date. 28 USC 994 note.] 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:

    [[Page 654]]

    117 STAT. 654

    ``(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

    [[Page 655]]

    117 STAT. 655

    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. [NOTE: 42 USC 5119a note.] PILOT PROGRAM FOR NATIONAL
    CRIMINAL HISTORY BACKGROUND CHECKS AND
    FEASIBILITY STUDY.

    (a) Establishment of Pilot Program.--
    (1) In general.--Not [NOTE: Deadlines.] 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

    [[Page 656]]

    117 STAT. 656

    and State criminal history background checks through a 10-
    fingerprint check to be conducted utilizing State criminal
    records and the Integrated Automated Fingerprint Identification
    System of the Federal Bureau of Investigation.
    (2) State pilot program.--
    (A) In general.--The Attorney General shall
    designate 3 States as participants in an 18-month State
    pilot program.
    (B) Volunteer organization requests.--A volunteer
    organization in one of the 3 States participating in the
    State pilot program under this paragraph that is part of
    the Boys and Girls Clubs of America, the National
    Mentoring Partnerships, or the National Council of Youth
    Sports may submit a request for a 10-fingerprint check
    from the participating State. A volunteer organization
    in a participating State may not submit background check
    requests under paragraph (3).
    (C) State check.--The participating State under this
    paragraph after receiving a request under subparagraph
    (B) shall conduct a State background check and submit a
    request that a Federal check be performed through the
    Integrated Automated Fingerprint Identification System
    of the Federal Bureau of Investigation, to the Attorney
    General, in a manner to be determined by the Attorney
    General.
    (D) Information provided.--Under procedures
    established by the Attorney General, any criminal
    history record information resulting from the State and
    Federal check under subparagraph (C) shall be provided
    to the State or National Center for Missing and
    Exploited Children consistent with the National Child
    Protection Act.
    (E) Costs.--A State may collect a fee to perform a
    criminal background check under this paragraph which may
    not exceed the actual costs to the State to perform such
    a check.
    (F) Timing.--For any background check performed
    under this paragraph, the State shall provide the State
    criminal record information to the Attorney General
    within 7 days after receiving the request from the
    organization, unless the Attorney General determines
    during the feasibility study that such a check cannot
    reasonably be performed within that time period. The
    Attorney General shall provide the criminal history
    records information to the National Center for Missing
    and Exploited Children within 7 business days after
    receiving the request from the State.
    (3) Child safety pilot program.--
    (A) In general.--The Attorney General shall
    establish an 18-month Child Safety Pilot Program that
    shall provide for the processing of 100,000 10-
    fingerprint check requests from organizations described
    in subparagraph (B) conducted through the Integrated
    Automated Fingerprint Identification System of the
    Federal Bureau of Investigation.
    (B) Eligible organizations.--An organization
    described in this subparagraph is an organization in a
    State not designated under paragraph (2) that has
    received a request allotment pursuant to subparagraph
    (C).

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    117 STAT. 657

    (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 [NOTE: Notification.] Attorney General shall
    notify the organizations described in subparagraph (C)
    of a process by which the organizations may provide
    fingerprint cards to the Attorney General.
    (E) Volunteer information required.--An organization
    authorized to request a background check under this
    paragraph shall--
    (i) forward to the Attorney General the
    volunteer's fingerprints; and
    (ii) obtain a statement completed and signed
    by the volunteer that--
    (I) sets out the provider or
    volunteer's name, address, date of birth
    appearing on a valid identification
    document as defined in section 1028 of
    title 18, United States Code, and a
    photocopy of the valid identifying
    document;
    (II) states whether the volunteer
    has a criminal record, and, if so, sets
    out the particulars of such record;
    (III) notifies the volunteer that
    the Attorney General may perform a
    criminal history background check and
    that the volunteer's signature to the
    statement constitutes an acknowledgment
    that such a check may be conducted;
    (IV) notifies the volunteer that
    prior to and after the completion of the
    background check, the organization may
    choose to deny the provider access to
    children; and
    (V) notifies the volunteer of his
    right to correct an erroneous record
    held by the Attorney General.
    (F) Timing.--For any background checks performed
    under this paragraph, the Attorney General shall provide
    the criminal history records information to the National
    Center for Missing and Exploited Children within 14
    business days after receiving the request from the
    organization.
    (G) Determinations of fitness.--
    (i) In general.--Consistent with the privacy
    protections delineated in the National Child
    Protection Act (42 U.S.C. 5119), the National
    Center for Missing and Exploited Children may make
    a determination whether the criminal history
    record information received in response to the
    criminal history background checks conducted under
    this paragraph indicates that the provider or
    volunteer has a criminal history record that
    renders the provider or volunteer unfit to provide
    care to children based upon criteria established
    jointly by, the National Center for Missing and
    Exploited Children, the Boys and Girls Clubs of
    America, the National Mentoring Partnership, and
    the National Council of Youth Sports.

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    117 STAT. 658

    (ii) Child safety pilot program.--The National
    Center for Missing and Exploited Children shall
    convey that determination to the organizations
    making requests under this paragraph.
    (4) Fees collected by attorney general.--The Attorney
    General may collect a fee which may not exceed $18 to cover the
    cost to the Federal Bureau of Investigation to conduct the
    background check under paragraph (2) or (3).

    (b) Rights of Volunteers.--Each volunteer who is the subject of a
    criminal history background check under this section is entitled to
    contact the Attorney General to initiate procedures to--
    (1) obtain a copy of their criminal history record report;
    and
    (2) challenge the accuracy and completeness of the criminal
    history record information in the report.

    (c) Authorization of Appropriations.--
    (1) In general.--There is authorized to be appropriated such
    sums as may be necessary to the National Center for Missing and
    Exploited Children for fiscal years 2004 and 2005 to carry out
    the requirements of this section.
    (2) State program.--There is authorized to be appropriated
    such sums as may be necessary to the Attorney General for the
    States designated in subsection (a)(1) for fiscal years 2004 and
    2005 to establish and enhance fingerprint technology
    infrastructure of the participating State.

    (d) Feasibility Study for a System of Background Checks for
    Employees and Volunteers.--
    (1) Study required.--The [NOTE: Deadline.] 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

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    117 STAT. 659

    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 [NOTE: Deadline.] 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--

    [[Page 660]]
    117 STAT. 660

    (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. [NOTE: 42 USC 5791.] 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.

    [[Page 661]]

    117 STAT. 661

    (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 [NOTE: Deadline.] 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. [NOTE: 42 USC 5791a.] 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.

    [[Page 662]]

    117 STAT. 662

    (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. [NOTE: 42 USC 5791b.] 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

    [[Page 663]]

    117 STAT. 663

    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 [NOTE: Deadline.] 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. [NOTE: 42 USC 5791c.] 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.

    [[Page 664]]

    117 STAT. 664

    (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. [NOTE: 42 USC 5791d.] 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''.

    [[Page 665]]

    117 STAT. 665

    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 [NOTE: Code Adam Act of 2003.] Children Procedures
    in Public Buildings

    SEC. 361. [NOTE: 42 USC 5601 note.] SHORT TITLE.

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

    SEC. 362. [NOTE: 42 USC 5792.] 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.

    [[Page 666]]

    117 STAT. 666

    (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. [NOTE: 42 USC 5792a.] PROCEDURES IN PUBLIC BUILDINGS
    REGARDING A MISSING OR LOST CHILD.

    (a) In General.--Not [NOTE: Deadline.] 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.

    [[Page 667]]

    117 STAT. 667

    (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--

    [[Page 668]]

    117 STAT. 668

    ``(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 [NOTE: 28 USC 994 note.] 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.

    [[Page 669]]

    117 STAT. 669

    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

    [[Page 670]]

    117 STAT. 670

    (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

    [[Page 671]]

    117 STAT. 671

    (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 [NOTE: 28 USC 994 note.] 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

    [[Page 672]]

    117 STAT. 672

    (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) [NOTE: Deadline. Reports.] 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 [NOTE: 28 USC 994 note.] 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:

    [[Page 673]]

    117 STAT. 673

    ``(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 [NOTE: 28 USC 994 note.] 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 [NOTE: 28 USC 994 note.] 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 [NOTE: 28 USC 994 note.] 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 [NOTE: 28 USC 994 note.] 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--

    [[Page 674]]
    117 STAT. 674

    ``(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 [NOTE: 18 USC 3553 note.] 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.--

    [[Page 675]]

    117 STAT. 675

    (A) In general.--Not [NOTE: Deadline.] 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 [NOTE: Deadline.] 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 [NOTE: 28 USC 994 note. Deadline.] 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.--

    [[Page 676]]

    117 STAT. 676

    (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 [NOTE: 28 USC 991 note.] 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. [NOTE: 18 USC 2251 note.] 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.

    [[Page 677]]

    117 STAT. 677

    (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

    [[Page 678]]

    117 STAT. 678

    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--

    [[Page 679]]

    117 STAT. 679

    ``(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). [NOTE: Deadline.] 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

    [[Page 680]]

    117 STAT. 680

    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:

    [[Page 681]]

    117 STAT. 681

    ``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

    [[Page 682]]

    117 STAT. 682

    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 [NOTE: 18 USC 1466A note.] 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 [NOTE: 28 USC 994 note.] 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

    [[Page 683]]

    117 STAT. 683

    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:

    [[Page 684]]

    117 STAT. 684

    ``(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,'';

    [[Page 685]]

    117 STAT. 685

    (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 [NOTE: Deadline. 18 USC 2557 note.] 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. [NOTE: 28 USC 994 note.] 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 [NOTE: Deadline.] later than 6 months
    after the date of enactment of this Act, the Attorney General
    shall appoint 25 additional trial attorneys to the Child
    Exploitation and Obscenity Section of the Criminal Division of
    the Department of Justice or to appropriate United States
    Attorney's Offices, and those trial attorneys shall have as
    their primary focus, the investigation and prosecution of
    Federal child pornography and obscenity laws.
    (2) Authorization of appropriations.--There are authorized
    to be appropriated to the Department of Justice such sums as may
    be necessary to carry out this subsection.

    (b) Report [NOTE: 18 USC 1466A note.] to Congressional
    Committees.--
    (1) In general.--Not [NOTE: Deadline.] 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 [NOTE: 28 USC 994 note.] Guidelines.--Pursuant to
    its authority under section 994(p) of title 28, United States Code, and
    in accordance

    [[Page 686]]

    117 STAT. 686

    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:

    [[Page 687]]

    117 STAT. 687

    ``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''.

    [[Page 688]]

    117 STAT. 688

    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 [NOTE: 42 USC 14071 note.] 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 [NOTE: 42 USC 14071 note.] 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.''.

    [[Page 689]]

    117 STAT. 689

    SEC. 607. [NOTE: Secure Authentication Feature and Enhanced
    Identification Defense Act of 2003. 18 USC 1001 note.] 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:

    [[Page 690]]

    117 STAT. 690

    ``(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

    [[Page 691]]

    117 STAT. 691

    by inserting ``, authentication features,'' after ``documents''.

    SEC. 608. [NOTE: Illicit Drug Anti-Proliferation Act of 2003. 21 USC
    801 note.] 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 [NOTE: 28 USC 994 note.] Commission Guidelines.--
    The United States Sentencing Commission shall--
    (1) review the Federal sentencing guidelines with respect to
    offenses involving gamma hydroxybutyric acid (GHB);

    [[Page 692]]

    117 STAT. 692

    (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 [NOTE: 18 USC app.] 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.''.

    [[Page 693]]

    117 STAT. 693

    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. [NOTE: 42 USC 13975.] 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

    [[Page 694]]

    117 STAT. 694

    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.--

    [[Page 695]]

    117 STAT. 695

    ``(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.''.

    Approved April 30, 2003.

    LEGISLATIVE HISTORY--S. 151 (H.R. 1104):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: Nos. 108-47, Pt. 1 accompanying H.R. 1104 (Comm. on the
    Judiciary) and 108-66 (Comm. of Conference).
    SENATE REPORTS: No. 108-2 (Comm. on the Judiciary).
    CONGRESSIONAL RECORD, Vol. 149 (2003):
    Feb. 24, considered and passed Senate.
    Mar. 27, considered and passed House, amended, in lieu of
    H.R. 1104.
    Apr. 10, House and Senate agreed to conference report.
    WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
    Apr. 30, Presidential remarks and statement.