Research on sex offender laws and their effects on people and society

Age analysis of the PROTECT Act
by Marshall Burns, Ph.D. 
Additional background for the SOLR report, Age Analysis of Recent US Sex Laws

This file is modified from the official online text of the law by highlighting words that indicate the age of a person, to wit: “child,” “minor,” “juvenile,” “teen,” “age,” “old,” and “18,” “17,” “16,” … “10.”

[DOCID: f:publ021.108]

[[Page 649]]

   PROSECUTORIAL REMEDIES AND OTHER TOOLS TO END THE EXPLOITATION OF 
                       CHILDREN TODAY ACT OF 2003

[[Page 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 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 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 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 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 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 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).

[[Page 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.

[[Page 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

[[Page 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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: No. 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.

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This report posted on January 10, 2008.
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