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[House Report 107-723]
[From the U.S. Government Publishing Office]

107th Congress                                            Rept. 107-723
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

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

 
                     CHILD ABDUCTION PREVENTION ACT

                                _______
                                

                October 7, 2002.--Ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 5422]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 5422) to prevent child abduction, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     8
Background and Need for the Legislation..........................     8
Hearings.........................................................     9
Committee Consideration..........................................     9
Vote of the Committee............................................     9
Committee Oversight Findings.....................................     9
Performance Goals and Objectives.................................    10
New Budget Authority and Tax Expenditures........................    10
Congressional Budget Office Cost Estimate........................    10
Constitutional Authority Statement...............................    14
Section-by-Section Analysis and Discussion.......................    14
Changes in Existing Law Made by the Bill, as Reported............    19
Markup Transcript................................................    31
Dissenting Views.................................................    89

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Abduction Prevention Act''.

                    TITLE I--SANCTIONS AND OFFENSES

SEC. 101. SUPERVISED RELEASE TERM FOR SEX OFFENDERS.

    Section 3583 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(k) Supervised Release Terms for Sex Offenders.--Notwithstanding 
subsection (b), the authorized term of supervised release for any 
offense under section 1201 involving a victim who has not attained the 
age of 18 years, and for any offense under chapter 109A, 110, 117, or 
section 1591 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, 
        knowingly, or recklessly 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 `recklessly' with respect to causing death 
        or serious bodily injury--
                    ``(A) means causing death or serious bodily injury 
                under circumstances in which the perpetrator is aware 
                of and disregards a grave risk of death or serious 
                bodily injury; and
                    ``(B) such recklessness can be inferred from the 
                character, manner, and circumstances of the 
                perpetrator's conduct;
            ``(6) the term `serious bodily injury' has the meaning set 
        forth in section 1365; and
            ``(7) the term `torture' means conduct, whether or not 
        committed under the color of law, that otherwise satisfies the 
        definition set forth in section 2340(1).''.

SEC. 103. SEXUAL ABUSE PENALTIES.

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

SEC. 104. STRONGER PENALTIES AGAINST KIDNAPPING.

    (a) Sentencing Guidelines.--Notwithstanding any other provision of 
law regarding the amendment of Sentencing Guidelines, the United States 
Sentencing Commission is directed to amend the Sentencing Guidelines, 
to take effect on the date that is 30 days after the date of the 
enactment of this Act--
            (1) so that the base level for kidnapping in section 
        2A4.1(a) is increased from level 24 to level 32 (121-151 
        months);
            (2) so as to delete section 2A4.1(b)(4)(C); and
            (3) so that the increase provided by section 2A4.1(b)(5) is 
        6 levels instead of 3.
    (b) Minimum Mandatory Sentence.--Section 1201(g) of title 18, 
United States Code, is amended by striking ``shall be subject to 
paragraph (2)'' in paragraph (1) and all that follows through paragraph 
(2) and inserting ``shall include imprisonment for not less than 20 
years.''.

SEC. 105. PENALTIES AGAINST SEX TOURISM.

    (a) In General.--Section 2423 of title 18, United States Code, is 
amended by striking subsection (b) and inserting the following:
    ``(b) Travel With Intent To Engage in Illicit Sexual Conduct.--A 
person who travels in interstate commerce or travels into the United 
States, or a United States citizen or an alien admitted for permanent 
residence in the United States who travels in foreign commerce, for the 
purpose of engaging in any illicit sexual conduct with another person 
shall be fined under this title or imprisoned not more than 15 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 15 years, or both.
    ``(d) Ancillary Offenses.--Whoever 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 15 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 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 who has not attained the age of 18 years.
    ``(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--
                            ``(i) an offense under section 2241 
                        (relating to aggravated sexual abuse), 2242 
                        (relating to sexual abuse), 2243(a) (relating 
                        to sexual abuse of a minor), 2244(a)(1) or (2) 
                        (relating to abusive sexual contact), 2245 
                        (relating to sexual abuse resulting in death), 
                        or 2251A (relating to selling or buying of 
                        children); or
                            ``(ii) an offense under section 2423(a) 
                        (relating to transportation of minors) 
                        involving prostitution or sexual activity 
                        constituting a State sex offense;
                    ``(B) the term `State sex offense' means an offense 
                under State law that 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).''.
    (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.

               TITLE II--INVESTIGATIONS AND PROSECUTIONS

         Subtitle A--Law Enforcement Tools To Protect Children

SEC. 201. LAW ENFORCEMENT TOOLS TO PROTECT CHILDREN.

    (a) In General.--Section 2516(1) of title 18, United States Code, 
is amended--
            (1) in subparagraph (a), by inserting after ``chapter 37 
        (relating to espionage),'' the following: ``chapter 55 
        (relating to kidnapping),''; and
            (2) in subparagraph (c)--
                    (A) by striking ``2251 and 2252'' and inserting 
                ``2251, 2251A, 2252, and 2252A''; and
                    (B) by inserting ``section 2423(b) (relating to 
                travel with intent to engage in a sexual act with a 
                juvenile),'' after ``motor vehicle parts),''.
    (b) Transportation for Illegal Sexual Activity.--Section 2516(1) of 
title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (q);
            (2) by inserting after paragraph (q) the following:
            ``(r) a violation of section 2422 (relating to coercion and 
        enticement) and section 2423(a) (relating to transportation of 
        minors) of this title, if, in connection with that violation, 
        the intended sexual activity would constitute a felony 
        violation of chapter 109A or 110, including a felony violation 
        of chapter 109A or 110 if the sexual activity occurred, or was 
        intended to occur, within the special maritime and territorial 
        jurisdiction of the United States, regardless of where it 
        actually occurred or was intended to occur; or''; and
            (3) by redesignating paragraph (r) as paragraph (s).

SEC. 202. NO STATUTE OF LIMITATIONS FOR CHILD ABDUCTION AND SEX CRIMES.

    (a) In General.--(1) Chapter 213 of title 18, United States Code, 
is amended by adding at the end the following new section:

``Sec. 3296. Child abduction and sex offenses

    ``Notwithstanding any other provision of law, an indictment may be 
found or an information instituted at any time without limitation for 
any offense under section 1201 involving a minor victim, and for any 
felony under chapter 109A, 110, or 117, or section 1591.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``3296. Child abduction and sex offenses.''.
    (b) Military Cases.--Section 843 of title 10, United States Code 
(Article 43 of the Uniform Code of Military Justice) is amended--
            (1) in subsection (a), by inserting ``with any offense 
        involving kidnapping or abduction of a person below the age of 
        18, with any offense involving sexual abuse that is punishable 
        by confinement for more than one year,'' before ``or with''; 
        and
            (2) in subsection (c)--
                    (A) by inserting ``(1)'' before ``Periods''; and
                    (B) by adding at the end the following:
    ``(2) No period of limitation that would otherwise preclude 
prosecution for an offense involving the sexual or physical abuse of a 
person under the age of 18 years shall preclude such prosecution before 
the person reaches the age of 25 years.''.
    (c) Application.--The amendments made by this section shall apply 
to the prosecution of any offense committed before, on, or after the 
date of the enactment of this section.

 Subtitle B--No Pretrial Release for Those Who Rape or Kidnap Children

SEC. 221. NO PRETRIAL RELEASE FOR THOSE WHO RAPE OR KIDNAP CHILDREN.

    Section 3142(e) of title 18, United States Code, is amended--
            (1) by inserting ``1201 (if the victim has not attained the 
        age of 18 years), 1591 (if the victim has not attained the age 
        of 18 years),'' before ``or 2332b''; and
            (2) by striking ``of title 18 of the United States Code'' 
        and inserting ``or a felony offense under chapter 109A, 110, or 
        117 where a victim has not attained the age of 18 years''.

 Subtitle C--No Waiting Period To Report Missing Children ``Suzanne's 
                                 Law''

SEC. 241. AMENDMENT.

    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''.

   Subtitle D--Recordkeeping to Demonstrate Minors Were Not Used in 
                       Production of Pornography

SEC. 261. RECORDKEEPING TO DEMONSTRATE MINORS WERE NOT USED IN 
                    PRODUCTION OF PORNOGRAPHY.

    Not later than 1 year after enactment of this Act, the Attorney 
General shall submit to Congress a report detailing the number of times 
since January 1993 that the Department of Justice has inspected the 
records of any producer of materials regulated pursuant to section 2257 
of title 18, United States Code, and section 75 of title 28 of the Code 
of Federal Regulations. The Attorney General shall indicate the number 
of violations prosecuted as a result of those inspections.

                       TITLE III--PUBLIC OUTREACH

SEC. 301. NATIONAL COORDINATION OF AMBER ALERT COMMUNICATIONS NETWORK.

    (a) Coordination Within Department of Justice.--The Attorney 
General shall assign an officer of the Department of Justice to act as 
the national coordinator of the AMBER Alert communications network 
regarding abducted children. The officer so designated shall be known 
as the AMBER Alert Coordinator of the Department of Justice.
    (b) Duties.--In acting as the national coordinator of the AMBER 
Alert communications network, the Coordinator shall--
            (1) seek to eliminate gaps in the network, including gaps 
        in areas of interstate travel;
            (2) work with States to encourage the development of 
        additional elements (known as local AMBER plans) in the 
        network;
            (3) work with States to ensure appropriate regional 
        coordination of various elements of the network; and
            (4) act as the nationwide point of contact for--
                    (A) the development of the network; and
                    (B) regional coordination of alerts on abducted 
                children through the network.
    (c) Consultation With Federal Bureau of Investigation.--In carrying 
out duties under subsection (b), the Coordinator shall notify and 
consult with the Director of the Federal Bureau of Investigation 
concerning each child abduction for which an alert is issued through 
the AMBER Alert communications network.
    (d) Cooperation.--The Coordinator shall cooperate with the 
Secretary of Transportation and the Federal Communications Commission 
in carrying out activities under this section.

SEC. 302. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF ALERTS 
                    THROUGH AMBER ALERT COMMUNICATIONS NETWORK.

    (a) Establishment of Minimum Standards.--Subject to subsection (b), 
the AMBER Alert Coordinator of the Department of Justice shall 
establish minimum standards for--
            (1) the issuance of alerts through the AMBER Alert 
        communications network; and
            (2) the extent of the dissemination of alerts issued 
        through the network.
    (b) Limitations.--(1) The minimum standards established under 
subsection (a) shall be adoptable on a voluntary basis only.
    (2) The minimum standards shall, to the maximum extent practicable 
(as determined by the Coordinator in consultation with State and local 
law enforcement agencies), provide that the dissemination of an alert 
through the AMBER Alert communications network be limited to the 
geographic areas most likely to facilitate the recovery of the abducted 
child concerned.
    (3) In carrying out activities under subsection (a), the 
Coordinator may not interfere with the current system of voluntary 
coordination between local broadcasters and State and local law 
enforcement agencies for purposes of the AMBER Alert communications 
network.
    (c) Cooperation.--(1) The Coordinator shall cooperate with the 
Secretary of Transportation and the Federal Communications Commission 
in carrying out activities under this section.
    (2) The Coordinator shall also cooperate with local broadcasters 
and State and local law enforcement agencies in establishing minimum 
standards under this section.

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

    (a) Program Required.--The Secretary of Transportation shall carry 
out a program to provide grants to States for the development or 
enhancement of notification or communications systems along highways 
for alerts and other information for the recovery of abducted children.
    (b) Activities.--Activities funded by grants under the program 
under subsection (a) may include--
            (1) the development or enhancement of electronic message 
        boards along highways and the placement of additional signage 
        along highways; and
            (2) the development or enhancement of other means of 
        disseminating along highways alerts and other information for 
        the recovery of abducted children.
    (c) Federal Share.--The Federal share of the cost of any activities 
funded by a grant under the program under subsection (a) may not exceed 
50 percent.
    (d) Distribution of Grant Amounts on Geographic Basis.--The 
Secretary shall, to the maximum extent practicable, ensure the 
distribution of grants under the program under subsection (a) on an 
equitable basis throughout the various regions of the United States.
    (e) Administration.--The Secretary shall prescribe requirements, 
including application requirements, for grants under the program under 
subsection (a).
    (f) Authorization of Appropriations.--(1) There is authorized to be 
appropriated for the Department of Transportation $20,000,000 for 
fiscal year 2003 to carry out this section.
    (2) Amounts appropriated pursuant to the authorization of 
appropriations in paragraph (1) shall remain available until expended.

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

    (a) Program Required.--The Attorney General shall carry out a 
program to provide grants to States for the development or enhancement 
of programs and activities for the support of AMBER Alert 
communications plans.
    (b) Activities.--Activities funded by grants under the program 
under subsection (a) may include--
            (1) the development and implementation of education and 
        training programs, and associated materials, relating to AMBER 
        Alert communications plans;
            (2) the development and implementation of law enforcement 
        programs, and associated equipment, relating to AMBER Alert 
        communications plans; and
            (3) such other activities as the Secretary considers 
        appropriate for supporting the AMBER Alert communications 
        program.
    (c) Federal Share.--The Federal share of the cost of any activities 
funded by a grant under the program under subsection (a) may not exceed 
50 percent.
    (d) Distribution of Grant Amounts on Geographic Basis.--The 
Attorney General shall, to the maximum extent practicable, ensure the 
distribution of grants under the program under subsection (a) on an 
equitable basis throughout the various regions of the United States.
    (e) Administration.--The Attorney General shall prescribe 
requirements, including application requirements, for grants under the 
program under subsection (a).
    (f) Authorization of Appropriations.--(1) There is authorized to be 
appropriated for the Department of Justice $5,000,000 for fiscal year 
2003 to carry out this section.
    (2) Amounts appropriated pursuant to the authorization of 
appropriations in paragraph (1) shall remain available until expended.

SEC. 305. INCREASED SUPPORT.

    Section 404(b)(2) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5773(b)(2)) is amended by striking 
``2002, and 2003'' and inserting ``and 2002 and $20,000,000 for each of 
fiscal years 2003 and 2004''.

SEC. 306. SEX OFFENDER APPREHENSION PROGRAM.

    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;''.

                        TITLE IV--MISCELLANEOUS

SEC. 401. 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 the Treasury, 
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.''.

                          Purpose and Summary

    On average, 2,200 children are reported missing each day of 
the year. There are approximately 114,600 attempted stranger 
abductions every year and 3,000-5,000 attempts are successful. 
These facts and recent high profile abductions have 
significantly increased the fear of parents across the Country 
that their children are in danger. H.R. 5422, the ``Child 
Abduction Prevention Act'' sends a clear message to any 
potential child abductor that, should they commit these crimes, 
they will not escape justice. This legislation provides 
stronger penalties against kidnapping, ensures lifetime 
supervision of sexual offenders and kidnappers of children, 
gives law enforcement the tools it needs to effectively 
prosecute these crimes, and provides assistance to the 
community when a child is abducted.

                Background and Need for the Legislation

    According to the United States Department of Justice's 
(DOJ) Office of Juvenile Justice Deliquency Prevention (OJJDP), 
the number of missing persons reported to law enforcement has 
increased from 154,341 in 1982 to 876,213 in 2000, an increase 
of 468 percent. Out of those cases, there are about 3,000 to 
5,000 non-family abductions reported to police each year, most 
of which are short term sexually-motivated cases. About 200 to 
300 of these cases, or about 6 percent, make up the most 
serious cases where the child was murdered, ransomed or taken 
with the intent to keep. According to Federal Government 
statistics, three out of four children who are kidnapped and 
murdered are killed within 3 hours of their initial abduction. 
Research has shown that the average victim of abduction and 
murder is an approximately 11 year old girl from a stable 
family who has initial contact with the abductor within a 
quarter mile of her home.
    The recent wave of high profile child abductions that has 
swept our Nation has illustrated the tremendous need for 
legislation in this area. Although some researchers indicate 
that the worst cases of child abduction might actually be on 
the decline, the National Center for Missing and Exploited 
Children (NCMEC) has stated that, based on feedback from law 
enforcement around the country and cases submitted to NCMEC, 
the sexual victimization of children is on the rise. Another 
concern is that research also indicates that subjects who 
abduct children typically are not first-time offenders, but are 
serial offenders who often travel during the commission of 
multiple sexual offenses against children.
    An abducted child is a parent's worst nightmare. We must 
assure that law enforcement has every possible tool necessary 
to return that child safely to his or her parents. Authorities 
believe that promptly alerting the general public when a child 
is abducted by a stranger is crucial to saving their life. To 
accomplish this, H.R. 5422 authorizes funding for a national 
AMBER Alert program to help expand the child abduction 
communications warning network throughout the United States.
    For those individuals that would harm a child, we must 
ensure that punishment is severe and that sexual predators are 
not allowed to slip through the cracks of the system to harm 
other children. To this end, this legislation provides a 20 
year mandatory minimum sentence of imprisonment for stranger 
abductions of a child under the age of 18, lifetime supervision 
for sex offenders and mandatory life imprisonment for second 
time offenders. Furthermore, H.R. 5422 removes any statute of 
limitations and opportunity for pretrial release for crimes of 
child abduction and sex offenses.
    The National Center for Missing and Exploited Children is 
the Nation's resource center for child protection. The Center 
provides assistance to parents, children, law enforcement, 
schools, and the community in recovering missing children and 
raising public awareness about ways to help prevent child 
abduction, molestation and sexual exploitation. To date, NCMEC 
has worked on more than 73,000 cases of missing and exploited 
children and helped recover more than 48,000 children. This 
legislation recognizes the important role NCMEC plays in our 
Nation's efforts to prevent child abductions by doubling its 
authorization to $20 million through 2004.

                                Hearings

    On October 1, 2002, the Subcommittee on Crime, Terrorism, 
and Homeland Security held a legislative hearing on H.R. 5422. 
Testimony was received from two witnesses. The witnesses were: 
Daniel P. Collins, Associate Deputy Attorney General, U.S. 
Department of Justice; and Ernest E. Allen, President and Chief 
Executive Officer, National Center for Missing and Exploited 
Children.

                        Committee Consideration

    On October 1, 2002, the Subcommittee on Crime, Terrorism, 
and Homeland Security met in open session and ordered favorably 
reported the bill H.R. 5422, by a voice vote, a quorum being 
present. On October 2, 2002, the Committee met in open session 
and ordered favorably reported the bill H.R. 5422 by a voice 
vote, a quorum being present.

                         Vote of the Committee

    There were no recorded votes on H.R. 5422.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                    Performance Goals and Objectives

    H.R. 5422 is intended to prevent future crime by extending 
the length of supervised-release terms for offenders and by 
establishing a rebuttable presumption in favor of pretrial 
detention; enhance law enforcement tools for identifying and 
apprehending offenders, by including child exploitation 
offenses as wiretap predicates and by eliminating the statute 
of limitations for certain offenses; increase penalties to more 
accurately reflect the extreme seriousness of child kidnapping 
and sex offenses, especially repeat offenses; punish offenders 
who travel abroad to prey on children; support a coordinated 
approach to the recovery of abducted children; and provide the 
States with additional tools and assistance to pursue these 
common goals.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 5422, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 7, 2002.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5422, the Child 
Abduction Prevention Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Mark 
Grabowicz (for Federal costs), who can be reached at 226-2860, 
and Angela Seitz (for the State and local impact), who can be 
reached at 225-3220.
            Sincerely,
                                  Dan L. Crippen, Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member
H.R. 5422--Child Abduction Prevention Act.

                                SUMMARY

    H.R. 5422 would establish new Federal crimes relating to 
sexual abuse, increase fines and prison sentences for such 
crimes, and make it easier to investigate sex offenders. The 
bill also would direct the Attorney General to act as the 
national coordinator for the AMBER (America's Missing: 
Broadcast Emergency Response) Alert communications network, 
which is used by State and local law enforcement agencies to 
search for abducted children. In addition, H.R. 5422 would 
authorize the appropriation of:

         L$20 million in fiscal year 2003 for the 
        Department of Transportation (DOT) to make grants to 
        States for disseminating information about missing 
        children along highways;

         L$5 million in fiscal year 2003 for the 
        Department of Justice (DOJ) to make grants to States to 
        develop or improve AMBER Alert communications plans; 
        and

         L$20 million in each of fiscal years 2003 and 
        2004 for DOJ to make a grant to the National Center for 
        Missing and Exploited Children.

    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing
    H.R. 5422 would cost $64 million over the 2003-2007 period. 
This legislation could affect direct spending and revenues, but 
we estimate that any such effects would not be significant.
    H.R. 5422 would expand an existing mandate as defined in 
the Unfunded Mandates Reform Act (UMRA), by widening 
requirements for State and local law enforcement agencies to 
report cases of missing children up to the age of 21. CBO 
estimates the costs of this mandate would not be significant 
and, thus, would not meet the threshold established in that act 
($58 million in 2002, adjusted annually for inflation).
    H.R. 5422 contains no new private-sector mandates as 
defined in UMRA.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 5422 is shown in the 
following table. The costs of this legislation fall within 
budget functions 400 (transportation) and 750 (administration 
of justice).

                           BASIS OF ESTIMATE

    For this estimate, CBO assumes that the amounts authorized 
for grant programs will be appropriated near the beginning of 
each fiscal year and that outlays will follow the historical 
spending rates for these or similar activities.
    H.R. 5422 would increase prison sentences for kidnapping 
and for a number of sex offenses. According to the U.S. 
Sentencing Commission, the longer sentences required by H.R. 
5422 would apply to about 500 offenders annually by 2007. Based 
on information from the Bureau of Prisons, CBO estimates that 
the cost to incarcerate a prisoner for an additional year is 
about $7,000 (at 2003 prices). Thus, we estimate that the cost 
to support the additional prisoners would reach $4 million by 
fiscal year 2007 and would total $9 million over the 2003-2007 
period, subject to the availability of appropriated funds.
    Based on information from DOJ, CBO estimates that it would 
cost less than $500,000 annually for the department to 
coordinate the AMBER Alert program, subject to the availability 
of appropriated funds.
    Enacting H.R. 5422 could increase revenues through greater 
collections of criminal fines. However, CBO does not expect any 
such increase to exceed $500,000 a year. Criminal fines are 
recorded as revenues and deposited in the Crime Victims Fund, 
and later spent without further appropriation action.

        ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS

    H.R. 5422 would expand an existing mandate as defined in 
UMRA by widening requirements for State and local law 
enforcement agencies to report cases of missing children up to 
the age of 21. CBO estimates the additional costs of the 
expansion would not be significant and, thus, would not meet 
the threshold established in that act ($58 million in 2002, 
adjusted annually for inflation).
    The bill would benefit State governments by establishing 
grant programs to assist with efforts to notify the public 
about child abductions using the AMBER Alert communications 
network. In addition, H.R. 5422 would expand the approved uses 
for grants under the Community Oriented Policing Services 
(COPS) program to include assisting States in enforcing 
registry of sex offenders. Any costs incurred to receive or 
administer such grants would be voluntary. The bill also would 
benefit State and local government law enforcement agencies by 
authorizing the U.S. Secret Service to provide them with 
additional assistance in forensic and investigative training 
with investigations of missing or exploited children.

                 ESTIMATED IMPACT ON THE PRIVATE SECTOR

    H.R. 5422 contains no new private-sector mandates as 
defined in UMRA.

                         PREVIOUS CBO ESTIMATES

    H.R. 5422 contains the provisions of four bills for which 
CBO has previously prepared cost estimates. These bills are:

        (1) LH.R. 4679, the Lifetime Consequences for Sex 
        Offenders Act of 2002, as ordered reported by the House 
        Committee on the Judiciary on June 19, 2002;

        (2) LH.R. 4477, the Sex Tourism Prohibition Improvement 
        Act of 2002, as ordered reported by the House Committee 
        on the Judiciary on June 19, 2002;

        (3) LH.R. 2146, the Two Strikes and You're Out Child 
        Protection Act, as ordered reported by the House 
        Committee on the Judiciary on March 6, 2002; and

        (4) LH.R. 1877, the Child Sex Crimes Wiretapping Act of 
        2001, as ordered reported by the House Committee on the 
        Judiciary on April 24, 2002.

    The costs estimated for these provisions in H.R. 5422 are 
the same as those estimated previously for the separate bills.

                         ESTIMATE PREPARED BY:

Federal Costs: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Angela Seitz 
    (225-3220)
Impact on the Private Sector: Paige Piper/Bach (226-2940)

                         ESTIMATE APPROVED BY:

Peter H. Fontaine
Deputy Assistant Director for Budget Analysis

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article I, section 8 of the Constitution.

               Section-by-Section Analysis and Discussion

Section 1. Short Title
    The short title of this Act may be cited as the ``Child 
Abduction Prevention Act.''

                    TITLE I--SANCTIONS AND OFFENSES

Sec. 101. Supervised release term for sex offenders.
    This section amends section 3583 of title 18, United States 
Code, to provide a judge with the discretion to extend the term 
of post-release supervision of sex offenders up to a maximum of 
life. Currently, most such offenses have a maximum of three to 
5 years of supervision. This section is identical to H.R. 4679, 
the ``Lifetime Consequences for Sex Offenders Act of 2002,'' 
which passed the House 409-3 on June 25, 2002.
Sec. 102. First degree murder for child abuse and child torture 
        murders.
    This section amends 18 U.S.C. Sec. 1111 to insert ``child 
abuse'' and ``the pattern or practice of assault or torture 
against a child or children'' that results in murder as a 
predicate for first degree murder. Section 1111 is the Federal 
murder statute. Under the current law, first degree murder 
includes murder committed in the perpetration of, or attempt to 
perpetrate, certain crimes including arson, escape, kidnapping, 
sexual abuse, and several other crimes. ``Child abuse'' and 
torture would be added to the list for first degree murder. 
First degree murder is punishable by death or life 
imprisonment. These changes will help to ensure that child 
abusers who kill their victims will receive penalties that 
reflect the heinousness of their crimes.
Sec. 103. Sexual abuse penalties.
    This section increases the maximum and minimum penalties of 
section 1591 and chapters 110 and 117 of title 18, United 
States Code, relating to the sexual exploitation of children 
and the sex trafficking of children.
    Statutory maximum penalties provide only an upper limit on 
punishment, and accordingly should be coordinated to the type 
of penalty which would be appropriate for the most aggravated 
forms of the offenses in question, as committed by offenders 
with the most serious criminal histories. Where the statutory 
maximum penalty is too low, it may be impossible to impose a 
proportionate penalty in cases involving highly aggravated 
offense conduct. Likewise, in cases involving incorrigible 
offenders, low statutory maximum penalties may force the court 
to impose a sentence that is less than what is warranted in 
light of the offender's criminal history.
    The increased mandatory minimum sentences are responsive to 
real problems of excessive leniency in sentencing under 
existing law. For example, the offenses under chapter 117 of 
the criminal code apply in sexual abuse cases involving 
interstate movement of persons or use of interstate 
instrumentalities, such as luring of child victims through the 
Internet. Courts all too frequently impose sentences more 
lenient than those prescribed by the sentencing guidelines in 
cases under chapter 117, particularly in situations where an 
undercover agent rather than a child was the object of the 
enticement. Yet the offender's conduct in such a case reflects 
a real attempt to engage in sexual abuse of a child, and the 
fact that the target of the effort turned out to be an 
undercover officer has no bearing on the culpability of the 
offender, or on the danger he presents to children if not 
adequately restrained and deterred by criminal punishment. 
Likewise, courts have been disposed to grant downward 
departures from the guidelines for child pornography possession 
offenses under chapter 110, based on the misconception that 
these crimes are not serious.
Sec. 104. Stronger penalties against kidnapping.
    This section directs the Sentencing Commission to increase 
the base offense level for kidnapping from level 24 (51-63 
months) to a base offense level of 32 (121-151 months). (Amends 
Sec. 2A4.1(a) of the Sentencing Guidelines). It further deletes 
the provision of the Guidelines that rewards kidnappers for 
releasing the victim within 24 hours by reducing the base 
offense level by one point. (Deletes Sec. 2A4.1(4)(C) of the 
Sentencing Guidelines). Under the current Guidelines, if a 
defendant sexually exploits the kidnapping victim, then the 
defendant's base offense level is increased by 3 levels. This 
is amended to a 6 level increase. (Amends Sec. 2A4.1(5) of the 
Sentencing Guidelines.)
    This section also amends 18 U.S.C. Sec. 1201 to provide for 
a mandatory minimum sentence of 20 years if the victim of the 
non-family kidnapping is under the age of 18.
Sec. 105. Penalties against sex tourism.
    This section addresses a number of problems related to 
persons who travel to foreign countries and engage in illicit 
sexual relations with minors. Current law requires the 
government to prove that the defendant traveled with the intent 
to engage in the illegal activity. Under this section the 
government would only have to prove that the defendant engaged 
in illicit sexual conduct with a minor while in a foreign 
country. This section also criminalizes the actions of sex tour 
operators by prohibiting persons from arranging, inducing, 
procuring, or facilitating the travel of a person knowing that 
such a person is traveling in interstate or foreign commerce 
for the purpose of engaging in illicit sexual conduct. This 
section is similar to H.R. 4477, the ``Sex Tourism Prohibition 
Improvement Act of 2002,'' which passed the House 418-8 on June 
26, 2002.
Sec. 106. Two strikes you're out.
    This section would establish a mandatory sentence of life 
imprisonment for twice-convicted child sex offenders. This 
section amends 18 U.S.C. Sec. 3559 of the Federal criminal code 
to provide for a mandatory minimum sentence of life 
imprisonment for any person convicted of a ``Federal sex 
offense'' if they had previously been convicted of a similar 
offense under either Federal or State law. The legislation 
defines Federal sex offense to include offenses committed 
against a person under the age of 17 and involving the crimes 
of sexual abuse, aggravated sexual abuse, sexual abuse of a 
minor, abusive sexual contact, and the interstate 
transportation of minors for sexual purposes. This section is 
similar to H.R. 2146, the ``Two Strikes and You're Out Child 
Protection Act,'' which passed the House 382-34 on March 14, 
2002.

           TITLE II--EFFECTIVE INVESTIGATION AND PROSECUTION.

Subtitle A--Law enforcement tools to protect children.
Sec. 201. Law enforcement tools to protect children.
    This section would add four new wiretap predicates under 
section 2516 of title 18, United States Code that relate to 
sexual exploitation crimes against children. This legislation 
in no way changes the strict limitations on how and when 
wiretaps may be used. This section also adds chapter 55 of 
title 18, United States Code, kidnapping, to the list of 
wiretap predicates. This section is similar to H.R. 1877, the 
``Child Sex Crimes Wiretapping Act of 2002,'' which passed the 
House 396-11 on May 21 2002.
Sec. 202. No statute of limitations for child abduction and sex crimes.
    This section provides that child abductions and felony sex 
offenses can be prosecuted without limitation of time. Under 
current law, the limitation period applicable to most Federal 
crimes is 5 years. See 18 U.S.C. Sec. 3282. There are some 
exceptions to this limitation--see, e.g., 18 U.S.C. Sec. 3281 
(no limitation period for capital crimes); 18 U.S.C. Sec. 3293 
(ten-year limitation period for certain financial institution 
offenses); 18 U.S.C. Sec. 3294 (twenty-year limitation period 
for certain thefts of artwork). Existing law also modifies the 
current limitation rules for certain cases involving child 
victims by providing that the limitation period does not bar 
prosecution ``for an offense involving the sexual or physical 
abuse of a child under the age of eighteen years . . . before 
the child reaches the age of 25 years.'' 18 U.S.C. Sec. 3283. 
While this is better than a flat 5-year rule, it remains 
inadequate in many cases. For example, a person who abducted 
and raped a child could not be prosecuted beyond this extended 
limit--even if DNA matching conclusively identified him as the 
perpetrator 1 day after the victim turned 25. Nor is this 
provision applicable in any case that does not involve child 
victims, such as that of a serial rapist of adult victims who 
is identified a number of years after the commission of the 
crimes through DNA matching.
Subtitle B--No pretrial release for those who rape or kidnap children
Sec. 221.No pretrial release for those who rape or kidnap children.
    This section provides a rebuttalble presumption that child 
rapists and kidnappers should not get pre-trial release. Under 
current law, a defendant may be detained before trial if the 
government establishes by clear and convincing evidence that no 
release conditions will reasonably assure the appearance of the 
person and the safety of others. Current law also provides 
rebuttable presumptions that the standard for pretrial 
detention is satisfied in certain circumstances. For example, 
such a presumption exists if the court finds probable cause to 
believe that the defendant committed a drug offense punishable 
by imprisonment for 10 years or more, or that the person 
committed a crime of violence or drug trafficking crime while 
armed with a firearm, in violation of 18 U.S.C. Sec. 924(c). 
See 18 U.S.C. Sec. 3142(e). Thus, existing law creates a 
presumption that, for example, an armed robber charged under 18 
U.S.C. Sec. 924(c) cannot safely be released before trial. This 
section will provide the same presumption for crimes such as 
child abduction and child rape.
Subtitle C--No waiting period to report missing children ``Suzanne's 
        Law.''
Sec. 241. Amendment.
    This section amends section 3701(a) of the Crime Control 
Act of 1990 (42 U.S.C. 5779(a)) to require law enforcement 
agencies to report missing children less than 21 years of age 
to the National Crime Information Center. Current law only 
requires reporting for children under the age of 18.
Subtitle D--Recordkeeping to demonstrate minors were not used in 
        production of pornography
Sec. 261. Recordkeeping to demonstrate minors were not used in 
        production of pornography.
    This section requires that 1 year after enactment of this 
Act, the Attorney General shall submit to Congress a report 
detailing the number to times since January 1993 that the 
Department of Justice has inspected the records of any producer 
of materials regulated pursuant to 18 U.S.C. Sec. 2257 (records 
to prove pornographic actors are above the age of 18) and 28 
C.F.R. Sec. 75. The Attorney General shall indicate the number 
of violations prosecuted as a result of those inspections.

                       TITLE II--PUBLIC OUTREACH

Sec. 301. National coordination of AMBER Alert communications network.
    This section establishes an AMBER Alert Coordinator within 
the Department of Justice to assist States with their AMBER 
Alert plans. This coordinator will eliminate gaps in the 
network, including gaps in interstate travel, work with States 
to encourage development of additional AMBER plans, work with 
States to ensure regional coordination among plans, and serve 
as a nationwide point of contact.
    The AMBER program is a voluntary partnership between law-
enforcement agencies and broadcasters to activate an urgent 
alert bulletin in serious child-abduction cases. The goal of 
the AMBER Alert is to instantly galvanize the entire community 
to assist in the search for and safe return of the child.
Sec. 302. Minimum standards for issuance and dissemination of alerts 
        through AMBER Alert communications network.
    This section requires the Department of Justice Coordinator 
to establish nationwide minimum standards for the issuance of 
an AMBER alert and the extent of dissemination of the alert. 
The legislation allows for voluntary adoption of these 
standards. The Committee intends that the establishment of 
minimum standards will limit the use of the system to those 
rare instances of serious child abductions. Limiting the use of 
AMBER Alerts is critical to the long-term success of the 
program because overuse or misuse of AMBER Alerts could lead to 
public fatigue or numbness to the alerts.
Sec. 303. Grant program for notification and communications systems 
        along highways for recovery of abducted children.
    This section authorizes $20,000,000 for fiscal year 2003 
for the Secretary of Transportation to make grants to States 
for the development or enhancement of notification or 
communications systems along highways for alerts and other 
information for the recovery of abducted children.
Sec. 304. Grant program for support of AMBER Alert communications 
        plans.
    This section authorizes $5,000,000 for fiscal year 2003 for 
the Attorney General to administer a grant program for the 
development and enhancement of programs and activities for the 
support of AMBER Alert communication plans.
Sec. 305. Increased support.
    This section reauthorizes and doubles the annual grant to 
the National Center for Missing and Exploited Children from 
$10,000,000 to $20,000,000 through fiscal year 2004. (Amends 42 
U.S.C. 5773(b)(2)).
Sec. 306. Sex offender apprehension program.
    This would authorize COPS funding for Sex Offender 
Apprehension Programs in States that have a sex offender 
registry and have laws that make it a crime for failure to 
notify authorities of any change in address information, etc. 
The money could be used by local law enforcement agencies to 
fund officers who would check up on sex offenders and arrest 
them for noncompliance. Keeping up to date records will help 
law enforcement in future investigations of missing children.

                        TITLE IV--MISCELLANEOUS

Sec. 401. Forensic and investigative support of missing and exploited 
        children.
    This section amends section 3056 of title 18, United Sates 
Code, to allow the U.S. Secret Service to provide forensic and 
investigative support to the National Center for Missing and 
Exploited Children to assist in efforts to find missing 
children.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                      TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *
PART I--CRIMES

           *       *       *       *       *       *       *

CHAPTER 51--HOMICIDE

           *       *       *       *       *       *       *

Sec. 1111. Murder

    (a) Murder is the unlawful killing of a human being with 
malice aforethought. Every murder perpetrated by poison, lying 
in wait, or any other kind of willful, deliberate, malicious, 
and premeditated killing; or committed in the perpetration of, 
or attempt to perpetrate, any arson, escape, murder, 
kidnapping, treason, espionage, sabotage, aggravated sexual 
abuse or sexual abuse, child abuse, burglary, or robbery; or 
perpetrated as part of a pattern or practice of assault or 
torture against a child or children; or perpetrated from a 
premeditated design unlawfully and maliciously to effect the 
death of any human being other than him who is killed, is 
murder in the first degree.
    Any other murder is murder in the second degree.

           *       *       *       *       *       *       *

    (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, 
        knowingly, or recklessly 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 ``recklessly'' with respect to causing 
        death or serious bodily injury--
                    (A) means causing death or serious bodily 
                injury under circumstances in which the 
                perpetrator is aware of and disregards a grave 
                risk of death or serious bodily injury; and
                    (B) such recklessness can be inferred from 
                the character, manner, and circumstances of the 
                perpetrator's conduct;
            (6) the term ``serious bodily injury'' has the 
        meaning set forth in section 1365; and
            (7) 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).

           *       *       *       *       *       *       *

CHAPTER 55--KIDNAPPING

           *       *       *       *       *       *       *

Sec. 1201. Kidnapping

    (a) * * *

           *       *       *       *       *       *       *

    (g) Special Rule for Certain Offenses Involving Children.--
            (1) To whom applicable.--If--
                    (A) * * *

           *       *       *       *       *       *       *

        the sentence under this section for such offense [shall 
        be subject to paragraph (2) of this subsection.
            [(2) Guidelines.--The United States Sentencing 
        Commission is directed to amend the existing guidelines 
        for the offense of ``kidnapping, abduction, or unlawful 
        restraint,'' by including the following additional 
        specific offense characteristics: If the victim was 
        intentionally maltreated (i.e., denied either food or 
        medical care) to a life-threatening degree, increase by 
        4 levels; if the victim was sexually exploited (i.e., 
        abused, used involuntarily for pornographic purposes) 
        increase by 3 levels; if the victim was placed in the 
        care or custody of another person who does not have a 
        legal right to such care or custody of the child either 
        in exchange for money or other consideration, increase 
        by 3 levels; if the defendant allowed the child to be 
        subjected to any of the conduct specified in this 
        section by another person, then increase by 2 levels.] 
        shall include imprisonment for not less than 20 years.

           *       *       *       *       *       *       *

CHAPTER 77--PEONAGE AND SLAVERY

           *       *       *       *       *       *       *

Sec. 1591. Sex trafficking of children or by force, fraud or coercion

    (a) * * *
    (b) The punishment for an offense under subsection (a) is--
            (1) if the offense was effected by force, fraud, or 
        coercion or if the person transported had not attained 
        the age of 14 years at the time of such offense, by a 
        fine under this title or imprisonment for any term of 
        years or for life, or both; or
            (2) if the offense was not so effected, and the 
        person transported had attained the age of 14 years but 
        had not attained the age of 18 years at the time of 
        such offense, by a fine under this title or 
        imprisonment for not more than [20] 40 years, or both.

           *       *       *       *       *       *       *

CHAPTER 109A--SEXUAL ABUSE

           *       *       *       *       *       *       *

Sec. 2247. Repeat offenders

    (a) Maximum Term of Imprisonment.--The maximum term of 
imprisonment for a violation of this chapter after a prior sex 
offense conviction shall be twice the term otherwise provided 
by this chapter, unless section 3559(e) applies.

           *       *       *       *       *       *       *

CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

           *       *       *       *       *       *       *

Sec. 2251. Sexual exploitation of children

    (a) * * *

           *       *       *       *       *       *       *

        (d) Any individual who violates, or attempts or 
conspires to violate, this section shall be fined under this 
title [or imprisoned not less than 10] and imprisoned not less 
than 15 years nor more than [20] 30 years, [and both,] but if 
such person has one prior conviction under this chapter, 
chapter 109A, or chapter 117, or under the laws of any State 
relating to the sexual exploitation of children, such person 
shall be fined under this title and imprisoned for not less 
than [15] 25 years nor more than [30] 50 years, but if such 
person has 2 or more prior convictions under this chapter, 
chapter 109A, or chapter 117, or under the laws of any State 
relating to the sexual exploitation of children, such person 
shall be fined under this title and imprisoned not less than 
[30] 35 years nor more than life. Any organization that 
violates, or attempts or conspires to violate, this section 
shall be fined under this title. Whoever, in the course of an 
offense under this section, engages in conduct that results in 
the death of a person, shall be punished by death or imprisoned 
for any term of years or for life.

Sec. 2251A. Selling or buying of children

    (a) Any parent, legal guardian, or other person having 
custody or control of a minor who sells or otherwise transfers 
custody or control of such minor, or offers to sell or 
otherwise transfer custody of such minor either--
            (1) * * *

           *       *       *       *       *       *       *

shall be punished by imprisonment for not less than [20] 30 
years or for life and by a fine under this title, if any of the 
circumstances described in subsection (c) of this section 
exist.
    (b) Whoever purchases or otherwise obtains custody or 
control of a minor, or offers to purchase or otherwise obtain 
custody or control of a minor either--
            (1) * * *

           *       *       *       *       *       *       *

shall be punished by imprisonment for not less than [20] 30 
years or for life and by a fine under this title, if any of the 
circumstances described in subsection (c) of this section 
exist.

           *       *       *       *       *       *       *

Sec. 2252. Certain activities relating to material involving the sexual 
                    exploitation of minors

    (a) * * *
    (b)(1) Whoever violates, or attempts or conspires to 
violate, paragraphs (1), (2), or (3) of subsection (a) shall be 
fined under this title [or imprisoned] and imprisoned not less 
than 10 years and not more than [15] 20 years, [or both,] but 
if such person has a prior conviction under this chapter, 
chapter 109A, or chapter 117, or under the laws of any State 
relating to aggravated sexual abuse, sexual abuse, or abusive 
sexual conduct involving a minor or ward, or the production, 
possession, receipt, mailing, sale, distribution, shipment, or 
transportation of child pornography, such person shall be fined 
under this title and imprisoned for not less than [5] 15 years 
nor more than [30] 40 years.
        (2) Whoever violates, or attempts or conspires to 
violate, paragraph (4) of subsection (a) shall be fined under 
this title [or imprisoned] and imprisoned not less than 5 years 
and not more than [5] 10 years, [or both,] but if such person 
has a prior conviction under this chapter, chapter 109A, or 
chapter 117, or under the laws of any State relating to 
aggravated sexual abuse, sexual abuse, or abusive sexual 
conduct involving a minor or ward, or the production, 
possession, receipt, mailing, sale, distribution, shipment, or 
transportation of child pornography, such person shall be fined 
under this title and imprisoned for not less than [2] 10 years 
nor more than [10] 20 years.

           *       *       *       *       *       *       *

Sec. 2252A. Certain activities relating to material constituting or 
                    containing child pornography

    (a) * * *
    (b)(1) Whoever violates, or attempts or conspires to 
violate, paragraphs (1), (2), (3), or (4) of subsection (a) 
shall be fined under this title [or imprisoned] and imprisoned 
not less than 10 years and not more than [15] 20 years, [or 
both,] but, if such person has a prior conviction under this 
chapter, chapter 109A, or chapter 117, or under the laws of any 
State relating to aggravated sexual abuse, sexual abuse, or 
abusive sexual conduct involving a minor or ward, or the 
production, possession, receipt, mailing, sale, distribution, 
shipment, or transportation of child pornography, such person 
shall be fined under this title and imprisoned for not less 
than [5] 15 years nor more than [30] 40 years.
    (2) Whoever violates, or attempts or conspires to violate, 
subsection (a)(5) shall be fined under this title [or 
imprisoned] and imprisoned not less than 5 years and not more 
than [5] 10 years, [or both,] but, if such person has a prior 
conviction under this chapter, chapter 109A, or chapter 117, or 
under the laws of any State relating to aggravated sexual 
abuse, sexual abuse, or abusive sexual conduct involving a 
minor or ward, or the production, possession, receipt, mailing, 
sale, distribution, shipment, or transportation of child 
pornography, such person shall be fined under this title and 
imprisoned for not less than [2] 10 years nor more than [10] 20 
years.

           *       *       *       *       *       *       *

  CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED 
CRIMES

           *       *       *       *       *       *       *

Sec. 2422. Coercion and enticement

    (a) Whoever knowingly persuades, induces, entices, or 
coerces any individual to travel in interstate or foreign 
commerce, or in any Territory or Possession of the United 
States, to engage in prostitution, or in any sexual activity 
for which any person can be charged with a criminal offense, or 
attempts to do so, shall be fined under this title [or 
imprisoned] and imprisoned not less than 2 years and not more 
than [10 years, or both] 20 years.
    (b) Whoever, using the mail or any facility or means of 
interstate or foreign commerce, or within the special maritime 
and territorial jurisdiction of the United States knowingly 
persuades, induces, entices, or coerces any individual who has 
not attained the age of 18 years, to engage in prostitution or 
any sexual activity for which any person can be charged with a 
criminal offense, or attempts to do so, shall be fined under 
this title[, imprisoned] and imprisoned not less than 5 years 
and not more than [15 years, or both] 30 years.

Sec. 2423. Transportation of minors

    (a) Transportation With Intent To Engage in Criminal Sexual 
Activity.--A person who knowingly transports an individual who 
has not attained the age of 18 years in interstate or foreign 
commerce, or in any commonwealth, territory or possession of 
the United States, with intent that the individual engage in 
prostitution, or in any sexual activity for which any person 
can be charged with a criminal offense, [or attempts to do so,] 
shall be fined under this title[, imprisoned] and imprisoned 
not less than 5 years and not more than [15 years, or both] 30 
years.
    [(b) Travel With Intent To Engage in Sexual Act With a 
Juvenile.--A person who travels in interstate commerce, or 
conspires to do so, or a United States citizen or an alien 
admitted for permanent residence in the United States who 
travels in foreign commerce, or conspires to do so, for the 
purpose of engaging in any 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 shall be fined under this title, imprisoned not more 
than 15 years.]
    (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 15 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 15 years, or both.
    (d) Ancillary Offenses.--Whoever 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 15 
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 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 
who has not attained the age of 18 years.
    (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.

           *       *       *       *       *       *       *

Sec. 2426. Repeat offenders

    (a) Maximum Term of Imprisonment.--The maximum term of 
imprisonment for a violation of this chapter after a prior sex 
offense conviction shall be twice the term of imprisonment 
otherwise provided by this chapter, unless section 3559(e) 
applies.

           *       *       *       *       *       *       *

   CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND 
INTERCEPTION OF ORAL COMMUNICATIONS

           *       *       *       *       *       *       *

Sec. 2516. Authorization for interception of wire, oral, or electronic 
                    communications

    (1) The Attorney General, Deputy Attorney General, 
Associate Attorney General, or any Assistant Attorney General, 
any acting Assistant Attorney General, or any Deputy Assistant 
Attorney General or acting Deputy Assistant Attorney General in 
the Criminal Division specially designated by the Attorney 
General, may authorize an application to a Federal judge of 
competent jurisdiction for, and such judge may grant in 
conformity with section 2518 of this chapter an order 
authorizing or approving the interception of wire or oral 
communications by the Federal Bureau of Investigation, or a 
Federal agency having responsibility for the investigation of 
the offense as to which the application is made, when such 
interception may provide or has provided evidence of--
            (a) any offense punishable by death or by 
        imprisonment for more than one year under sections 2274 
        through 2277 of title 42 of the United States Code 
        (relating to the enforcement of the Atomic Energy Act 
        of 1954), section 2284 of title 42 of the United States 
        Code (relating to sabotage of nuclear facilities or 
        fuel), or under the following chapters of this title: 
        chapter 37 (relating to espionage), chapter 55 
        (relating to kidnapping), chapter 90 (relating to 
        protection of trade secrets), chapter 105 (relating to 
        sabotage), chapter 115 (relating to treason), chapter 
        102 (relating to riots), chapter 65 (relating to 
        malicious mischief), chapter 111 (relating to 
        destruction of vessels), or chapter 81 (relating to 
        piracy);

           *       *       *       *       *       *       *

            (c) any offense which is punishable under the 
        following sections of this title: section 201 (bribery 
        of public officials and witnesses), section 215 
        (relating to bribery of bank officials), section 224 
        (bribery in sporting contests), subsection (d), (e), 
        (f), (g), (h), or (i) of section 844 (unlawful use of 
        explosives), section 1032 (relating to concealment of 
        assets), section 1084 (transmission of wagering 
        information), section 751 (relating to escape), section 
        1014 (relating to loans and credit applications 
        generally; renewals and discounts), sections 1503, 
        1512, and 1513 (influencing or injuring an officer, 
        juror, or witness generally), section 1510 (obstruction 
        of criminal investigations), section 1511 (obstruction 
        of State or local law enforcement), section 1751 
        (Presidential and Presidential staff assassination, 
        kidnapping, and assault), section 1951 (interference 
        with commerce by threats or violence), section 1952 
        (interstate and foreign travel or transportation in aid 
        of racketeering enterprises), section 1958 (relating to 
        use of interstate commerce facilities in the commission 
        of murder for hire), section 1959 (relating to violent 
        crimes in aid of racketeering activity), section 1954 
        (offer, acceptance, or solicitation to influence 
        operations of employee benefit plan), section 1955 
        (prohibition of business enterprises of gambling), 
        section 1956 (laundering of monetary instruments), 
        section 1957 (relating to engaging in monetary 
        transactions in property derived from specified 
        unlawful activity), section 659 (theft from interstate 
        shipment), section 664 (embezzlement from pension and 
        welfare funds), section 1343 (fraud by wire, radio, or 
        television), section 1344 (relating to bank fraud), 
        sections [2251 and 2252] 2251, 2251A, 2252, and 2252A 
        (sexual exploitation of children), sections 2312, 2313, 
        2314, and 2315 (interstate transportation of stolen 
        property), section 2321 (relating to trafficking in 
        certain motor vehicles or motor vehicle parts), section 
        2423(b) (relating to travel with intent to engage in a 
        sexual act with a juvenile), section 1203 (relating to 
        hostage taking), section 1029 (relating to fraud and 
        related activity in connection with access devices), 
        section 3146 (relating to penalty for failure to 
        appear), section 3521(b)(3) (relating to witness 
        relocation and assistance), section 32 (relating to 
        destruction of aircraft or aircraft facilities), 
        section 38 (relating to aircraft parts fraud), section 
        1963 (violations with respect to racketeer influenced 
        and corrupt organizations), section 115 (relating to 
        threatening or retaliating against a Federal official), 
        section 1341 (relating to mail fraud), a felony 
        violation of section 1030 (relating to computer fraud 
        and abuse), section 351 (violations with respect to 
        congressional, Cabinet, or Supreme Court 
        assassinations, kidnapping, and assault), section 831 
        (relating to prohibited transactions involving nuclear 
        materials), section 33 (relating to destruction of 
        motor vehicles or motor vehicle facilities), section 
        175 (relating to biological weapons), section 1992 
        (relating to wrecking trains), a felony violation of 
        section 1028 (relating to production of false 
        identification documentation), section 1425 (relating 
        to the procurement of citizenship or nationalization 
        unlawfully), section 1426 (relating to the reproduction 
        of naturalization or citizenship papers), section 1427 
        (relating to the sale of naturalization or citizenship 
        papers), section 1541 (relating to passport issuance 
        without authority), section 1542 (relating to false 
        statements in passport applications), section 1543 
        (relating to forgery or false use of passports), 
        section 1544 (relating to misuse of passports), or 
        section 1546 (relating to fraud and misuse of visas, 
        permits, and other documents);

           *       *       *       *       *       *       *

    (q) any criminal violation of section 229 (relating to 
chemical weapons); or sections 2332, 2332a, 2332b, 2332d, 
2332f, 2339A, 2339B, or 2339C of this title (relating to 
terrorism); [or]
            (r) a violation of section 2422 (relating to 
        coercion and enticement) and section 2423(a) (relating 
        to transportation of minors) of this title, if, in 
        connection with that violation, the intended sexual 
        activity would constitute a felony violation of chapter 
        109A or 110, including a felony violation of chapter 
        109A or 110 if the sexual activity occurred, or was 
        intended to occur, within the special maritime and 
        territorial jurisdiction of the United States, 
        regardless of where it actually occurred or was 
        intended to occur; or
            [(r)] (s) any conspiracy to commit any offense 
        described in any subparagraph of this paragraph.

           *       *       *       *       *       *       *

PART II--CRIMINAL PROCEDURE

           *       *       *       *       *       *       *

CHAPTER 203--ARREST AND COMMITMENT

           *       *       *       *       *       *       *

Sec. 3056. Powers, authorities, and duties of United States Secret 
                    Service

    (a) * * *

           *       *       *       *       *       *       *

    (f) Under the direction of the Secretary of the Treasury, 
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.

           *       *       *       *       *       *       *

CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

           *       *       *       *       *       *       *

Sec. 3142. Release or detention of a defendant pending trial

    (a) * * *

           *       *       *       *       *       *       *

    (e) Detention.--If, after a hearing pursuant to the 
provisions of subsection (f) of this section, the judicial 
officer finds that no condition or combination of conditions 
will reasonably assure the appearance of the person as required 
and the safety of any other person and the community, such 
judicial officer shall order the detention of the person before 
trial. In a case described in subsection (f)(1) of this 
section, a rebuttable presumption arises that no condition or 
combination of conditions will reasonably assure the safety of 
any other person and the community if such judicial officer 
finds that--
            (1) * * *

           *       *       *       *       *       *       *

Subject to rebuttal by the person, it shall be presumed that no 
condition or combination of conditions will reasonably assure 
the appearance of the person as required and the safety of the 
community if the judicial officer finds that there is probable 
cause to believe that the person committed an offense for which 
a maximum term of imprisonment of ten years or more is 
prescribed in the Controlled Substances Act (21 U.S.C. 801 et 
seq.), the Controlled Substances Import and Export Act (21 
U.S.C. 951 et seq.), the Maritime Drug Law Enforcement Act (46 
U.S.C. App. 1901 et seq.), or an offense under section 924(c), 
956(a), 1201 (if the victim has not attained the age of 18 
years), 1591 (if the victim has not attained the age of 18 
years), or 2332b [of title 18 of the United States Code] or a 
felony offense under chapter 109A, 110, or 117 where a victim 
has not attained the age of 18 years.

           *       *       *       *       *       *       *

                        CHAPTER 213--LIMITATIONS

Sec.
3281.  Capital offenses.
     * * * * * * *
3296.  Child abduction and sex offenses.

           *       *       *       *       *       *       *

Sec. 3296. Child abduction and sex offenses

    Notwithstanding any other provision of law, an indictment 
may be found or an information instituted at any time without 
limitation for any offense under section 1201 involving a minor 
victim, and for any felony under chapter 109A, 110, or 117, or 
section 1591.

           *       *       *       *       *       *       *

CHAPTER 227--SENTENCES

           *       *       *       *       *       *       *

SUBCHAPTER A--GENERAL PROVISIONS

           *       *       *       *       *       *       *

Sec. 3559. Sentencing classification of offenses

    (a) * * *

           *       *       *       *       *       *       *

    (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--
                            (i) an offense under section 2241 
                        (relating to aggravated sexual abuse), 
                        2242 (relating to sexual abuse), 
                        2243(a) (relating to sexual abuse of a 
                        minor), 2244(a)(1) or (2) (relating to 
                        abusive sexual contact), 2245 (relating 
                        to sexual abuse resulting in death), or 
                        2251A (relating to selling or buying of 
                        children); or
                            (ii) an offense under section 
                        2423(a) (relating to transportation of 
                        minors) involving prostitution or 
                        sexual activity constituting a State 
                        sex offense;
                    (B) the term ``State sex offense'' means an 
                offense under State law that 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).

           *       *       *       *       *       *       *

SUBCHAPTER D--IMPRISONMENT

           *       *       *       *       *       *       *

Sec. 3583. Inclusion of a term of supervised release after imprisonment

    (a) * * *

           *       *       *       *       *       *       *

    (k) Supervised Release Terms for Sex Offenders.--
Notwithstanding subsection (b), the authorized term of 
supervised release for any offense under section 1201 involving 
a victim who has not attained the age of 18 years, and for any 
offense under chapter 109A, 110, 117, or section 1591 is any 
term of years or life.

           *       *       *       *       *       *       *

                              ----------                              

              SECTION 843 OF TITLE 10, UNITED STATES CODE

Sec. 843. Art. 43. Statute of limitations

    (a) A person charged with absence without leave or missing 
movement in time of war, with any offense involving kidnapping 
or abduction of a person below the age of 18, with any offense 
involving sexual abuse that is punishable by confinement for 
more than one year, or with any offense punishable by death, 
may be tried and punished at any time without limitation.

           *       *       *       *       *       *       *

    (c)(1) Periods in which the accused is absent without 
authority or fleeing from justice shall be excluded in 
computing the period of limitation prescribed in this section 
(article).
    (2) No period of limitation that would otherwise preclude 
prosecution for an offense involving the sexual or physical 
abuse of a person under the age of 18 years shall preclude such 
prosecution before the person reaches the age of 25 years.

           *       *       *       *       *       *       *

                              ----------                              

             SECTION 3701 OF THE CRIME CONTROL ACT OF 1990

SEC. 3701. REPORTING REQUIREMENT.

    (a) In General.--Each Federal, State, and local law 
enforcement agency shall report each case of a missing child 
under the age of [18] 21 reported to such agency to the 
National Crime Information Center of the Department of Justice.

           *       *       *       *       *       *       *

                              ----------                              

 SECTION 404 OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 
                                  1974

               DUTIES AND FUNCTIONS OF THE ADMINISTRATOR

      Sec. 404. (a) * * *
    (b) Annual Grant to National Center for Missing and 
Exploited Children.--
            (1) * * *
            (2) Authorization of appropriations.--There is 
        authorized to be appropriated to the Administrator to 
        carry out this subsection, $10,000,000 for each of 
        fiscal years 2000, 2001, [2002, and 2003] and 2002 and 
        $20,000,000 for each of fiscal years 2003 and 2004.

           *       *       *       *       *       *       *

                              ----------                              

 SECTION 1701 OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING 
                    GRANTS.

    (a) * * *

           *       *       *       *       *       *       *

    (d) Additional Grant Projects.--Grants made under 
subsection (a) may include programs, projects, and other 
activities to--
            (1) * * *

           *       *       *       *       *       *       *

            (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;
            [(10)] (11) establish, implement, and coordinate 
        crime prevention and control programs (involving law 
        enforcement officers working with community members) 
        with other Federal programs that serve the community 
        and community members to better address the 
        comprehensive needs of the community and its members; 
        and
            [(11)] (12) support the purchase by a law 
        enforcement agency of no more than 1 service weapon per 
        officer, upon hiring for deployment in community-
        oriented policing or, if necessary, upon existing 
        officers' initial redeployment to community-oriented 
        policing.

           *       *       *       *       *       *       *

                           Markup Transcript

                            BUSINESS MEETING

                       WEDNESDAY, OCTOBER 2, 2002

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:57 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
    Chairman Sensenbrenner. The Committee will be in order. A 
working quorum is present.

           *       *       *       *       *       *       *

    Finally, the last item on the agenda is H.R. 5422, the 
``Child Abduction Prevention Act.''
    [The bill, H.R. 5422, follows:]
    
    
    Chairman Sensenbrenner. The Chair recognizes the gentleman 
from Texas, Mr. Smith, Chairman of the Subcommittee, for a 
motion.
    Mr. Smith. Mr. Chairman, the Subcommittee on Crime, 
Terrorism, and Homeland Security favorably reports the bill 
H.R. 5422 with the single amendment in the nature of a 
substitute and moves its favorable recommendation to the full 
House.
    Chairman Sensenbrenner. Without objection, the bill will be 
considered as read and open for amendment at any point, and the 
Subcommittee amendment in the nature of a substitute, which the 
Members have before them, will be considered as read, 
considered as the original text for purposes of amendment, and 
open for amendment at any point.
    [The amendment in the nature of a substitute follows:]
      
      

  

    Chairman Sensenbrenner. The Chair recognizes the gentleman 
from Texas, Mr. Smith, to strike the last word.
    Mr. Smith. Mr. Chairman, I move to strike the last word.
    Chairman Sensenbrenner. The gentleman's recognized for 5 
minutes.
    Mr. Smith. Mr. Chairman, this legislation is good policy. 
It has the potential to protect and save lives, the lives of 
the most innocent among us.
    H.R. 5422 is divided into three titles: Sanctions and 
Offenses, Investigation and Prosecution, and Public Outreach. 
This legislation sends a clear message that child abductors 
will not escape justice.
    Title I, Sanctions and Offenses, strengthens the penalties 
against kidnapping by providing for a 20-year mandatory minimum 
sentence of imprisonment for non-family abductions of a child 
under the age of 18. This section also includes Mr. Gekas' 
bill, H.R. 4679, that requires lifetime supervision for sex 
offenders. Also included is Mr. Green's bill, H.R. 2146, that 
requires mandatory life imprisonment for second-time offenders. 
Chairman Sensenbrenner's bill, H.R. 4477, strengthens the laws 
related to travel to foreign countries for sex with minors.
    In addition, this title directs the U.S. Sentencing 
Commission to increase offense levels for crimes of kidnapping, 
expands the crime of sexual abuse, murder, and adds child abuse 
that results in murder as a predicate for a first degree 
murder.
    Title II, Effective Investigation and Prosecution, gives 
law enforcement agencies the tools they need to enforce the 
laws against child abduction. This section includes 
Representative Nancy Johnson's bill, H.R. 1877, which adds four 
new wiretap predicates that relate to sexual exploitation 
crimes against children. The title also provides that child 
abductions and felony sex offenses can be prosecuted without 
limitation of time and provides a rebuttable presumption that 
child rapists and kidnappers should not get pretrial release.
    Title III, Public Outreach, establishes a national AMBER 
Alert Program based on Representative Jennifer Dunn's and 
Representative Martin Frost's bill to expand the Child 
Abduction Communications Warning Network throughout the United 
States. The AMBER program is a voluntary partnership between 
law enforcement agencies and broadcasters to activate an urgent 
alert bulletin in serious child abduction cases.
    This title also increases support for the National Center 
for Missing and Exploited Children, the Nation's resource 
center for child protection, by doubling its authorization to 
$20 million. Further, the title authorizes COPS funding for 
local law enforcement agencies to establish sex offender 
apprehension programs within their States.
    Mr. Chairman, the recent wave of high-profile child 
abductions illustrates the tremendous need for legislation in 
this area. These criminals breach the security of our homes to 
steal, molest, rape, and kill our children. Immediate action is 
necessary, and I urge my colleagues to support this 
legislation.
    Mr. Chairman, I will yield back the balance of my time.
    Chairman Sensenbrenner. The gentleman from Virginia, Mr. 
Scott, is recognized for 5 minutes for an opening statement.
    Mr. Scott. Thank you, Mr. Chairman. I appreciate your 
holding a markup on the AMBER Alert part of the bill. 
Unfortunately, the bill contains more than AMBER Alert. If only 
AMBER Alert were before us, we'd be ready to move the pending 
question and pass the bill. But instead of the non-
controversial House bill introduced by bipartisan leadership, 
Mr. Frost and Ms. Dunn, or the companion Senate AMBER Alert 
bill which passed that body unanimously a couple of weeks ago, 
we have before us a bill that is a convoluted smorgasbord of 
get-tough, sound-bite-based provisions. Two strikes and you're 
out, lifetime supervision, sex crimes, wiretapping, mandatory 
minimum sentences, new death penalties, all sound like we're 
doing something about crime when--until you realize what they 
call for.
    I'm curious to know, Mr. Chairman, why these bills are back 
before us in Committee at all. The two-strikes bill, the 
lifetime supervision bill, the sex tourism bill, the sex crimes 
wiretap bill have all not only passed the Committee, but have 
passed the House and are awaiting Senate action. The AMBER 
Alert portion of the bill has already passed the Senate 
unanimously and could be passed by the House and be on the 
President's desk tomorrow to be signed during the first-ever 
White House Conference on Missing, Exploited, and Runaway 
Children. Instead, we're here today bogged down in 
controversial political sound bites that have already passed 
the Committee and are unlikely to even be considered by the 
Senate at all.
    When you take a close look at these bills, you can see why 
they will not warrant consideration in the Senate. Take the 
two-strikes bill, which is a second offense--which says a 
second offense sex crime involving a minor would require 
imprisonment for life without parole. It applies to cases 
involving consensual sexual activity between high school 
teenagers which may even--who may even be engaged to be 
married. The best part of these bills is that they have very 
limited application because they would enact Federal laws that 
would apply only in Federal jurisdiction. The worst part is 
they bring about an unfair, draconian result mostly upon Native 
Americans on reservations.
    Sentencing Commission data indicates that about 75 percent 
of the offenders prosecuted under the Federal provisions are 
likely to be Native Americans. Offenders who commit the same 
crime in the same State can get vastly differing sentences, 
probation or life without parole, based on the fact that one 
was on one side of the reservation line and the other is just 
across the line.
    Mr. Chairman, I ask unanimous consent that testimony from 
Frank Zimring, a noted criminologist at the University of 
California Law School at Berkeley, be introduced. His testimony 
was critical of an earlier version of the two-strikes bill, and 
I'd ask that his testimony be inserted in the record.
    Chairman Sensenbrenner. Without objection.
    [The testimony of Mr. Zimring follows:]
Prepared Statement of Franklin Zimring, professor of law, University of 
                        California, Berkeley, CA
    The bills before this Committee are prime examples of the 
legislative frustration generated by limited federal criminal 
jurisdiction. Federal criminal justice accounts for about 7% of all 
prisoners and a much smaller percentage of violent and sex crime 
prosecution. House members wish to denounce crime and also take steps 
to reduce it, but symbolic gestures are easier to find than measures 
with strong preventive potential. None of the group of proposals before 
the Committee today is a promising method of legislating public safety.
    The four proposals before the Committee create four different 
strategies to use federal law as an adjunct to crime control. But each 
strategy is a journey into the unknown, and there is also a potential 
for harmful impacts in many of the proposals. Legislative action on any 
of these bills would be premature.
    House Bill 894 tries to encourage states to punish murder, rape and 
sex offenses against children with a minimum of life without 
possibility of parole. The bill would achieve this by deducting from 
federal law enforcement assistance grants to states that release 
offenders if a recidivist is reconvicted of murder, rape or sexual 
assault on a child in another state. We have no idea how many such 
reconviction cases occur in the United States, or how many of these 
involve multiple states. (There are no payments to victims where a 
subsequent crime occurs in the state that released the offender). The 
monetary costs per case are modest and thus the impact of the bill on 
state sanctions would probably be minimal, which is just as well.
    There are several problems with the aim of HB 894, including the 
fact that offenses such as second degree murder and non-aggravated rape 
would not merit a Life Without Parole sentence on grounds of penal 
proportionality. To punish lessor grades of murder with the same 
penalty now exclusively reserved for aggravated first degree murder 
seems questionable on grounds of morally deserved punishment. To punish 
non-fatal crimes such as rape and child molestation with a penalty 
reserved for the highest grade of murder seems indiscriminating.
    It might also be dangerous. If the bill actually provoked Life 
Without Parole penalties in the states, and if offenders are highly 
sensitive to deterrent threats at the margin, a rapist or child sex 
offender would have little further to lose by eliminating the victim 
who is often an important witness against the offender. If my child or 
daughter-in-law were under the physical control of a sexual predator, I 
would worry about the law's lack of room for incentives to keep the 
victim alive. Such incentives are probably more important in situations 
of prolonged physical control of victims, but such kidnapings are not 
uncommon.
    The other major problem with HB 894 is the perverse incentive it 
provides by encouraging convictions for reduced charges. All a state 
need do to avoid any eventual liability under the bill is convict of a 
reduced charge--voluntary manslaughter is one example. If this bill 
were enacted, the high mandatory penalties it demands would create 
incentives for plea bargains to lessor charges for many if not most 
defendants. The net effect would be to increase the disparity of 
punishment between the few convicted of the top charge and the many who 
would be plea bargained to lessor charges. The result would be the 
opposite of truth in sentencing and objectionable for the dishonesty as 
well as the disparity it encourages.
    House Bill 4045 hopes to enhance the penalties for those convicted 
of violence against children under thirteen in federal criminal law. 
Its means are direct: a five-step enhancement in sentencing guidelines 
if one of the crime victims is a child under thirteen. The problem with 
direct use of federal criminal law in this way is the tiny and 
unrepresentative sample of violence against children that is within the 
jurisdictional boundaries of federal criminal justice. How many cases 
of such crimes were there last year in the United States in federal 
courts? What percentage of these were crimes within the family? What 
percentage of the total were Native American? Miliary? What would have 
been the impact of five-step jumps on the case sentences last year or 
the year before in the federal courts?
    The first step in the career of any legislation that seeks to 
restructure the sentencing guidelines should be a study by the 
Sentencing Commission of the type and volume of cases that will be 
covered, and the type of impact any such new enhancements would produce 
on actual sentences. We do know that only a tiny percentage of violence 
against children comes to federal courts. We have reason to worry about 
ignorant interference with sentencing guidelines. But if the Committee 
thinks the approach of HB 4045 has promise, it would be legislative 
malpractice to do anything other than gather basic data on the federal 
share of child violence cases, the current disposition of such cases, 
and the likely impact of enhancements of the magnitude provided in this 
bill.
    The target of House Bill 4047 is repeat offenders who commit sex 
crimes against children and are convicted of such a crime in federal 
court. Upon proof of a previous conviction for a sex offense against a 
person under eighteen involving conduct that would constitute a federal 
sex crime had there been federal jurisdiction, the sentence for the 
federal sex crime would be life. Unlike HB 4045, HB 4047 is targeted at 
sex offenses. It also has a much older cut-off date for the end of 
special victim status: the eighteenth birthday instead of the 
thirteenth birthday. While the number of HB 4045 offenses is both tiny 
and unrepresentative of child violence offenders, the number of HB 4047 
offenders will be tinier still. In the first four years of federal 
three strikes, there were thirty-five special convictions. Here there 
might be none or a very few. I do not know what kind of cases or 
offenders will meet this standard in the federal system, but I suspect 
the Indian country jurisdictional rubric will account for the majority.
    Here are two things that we do not know about the subjects of HB 
4047. How many offenders come before the federal courts who meet its 
criteria? What sentences do those offenders receive, and for what 
specific offenses? The sponsor of this legislation should seek the 
answers to these questions. But here is one thing we do know: this bill 
will have no impact on the lives of 99% of all American children who 
are at risk of sexual predation.
    The fourth bill before this Committee, House Bill 4147, concerns 
the age at which child status should end for the purpose of a special 
criminal law prohibiting the transporting of obscene materials to 
minors. The bill is in this collection, presumably, because its author 
believes there is some linkage between the transportation of prohibited 
sexual materials to sixteen- and seventeen-year-old subjects and their 
victimization in sexual crime. The extension of child status to ages 
sixteen and seventeen involves assumptions of inability to consent that 
are more problematic for older teens than for twelve- and thirteen-
year-olds. Further, many of the persons who supply obscene materials to 
sixteen- and seventeen-year-olds are close in age to the transferees. 
This statute, unlike the definition of Dangerous Sexual Offense in HB 
894, does not require any age difference between victim and offender on 
which to base an assumption of predation.
    But the major problem with HB 4147 is the questionable link between 
the subject of the law and the danger of predatory sexual crime against 
the young. There is no reason to believe that HB 4147 will have any 
impact on the sexual abuse of American kids. The gravest danger of the 
proposal would be imagining that passing such a law is a real response 
to a serious problem. That type of legislative fantasy is not good for 
our children's well-being.

    Mr. Scott. Mr. Chairman, the AMBER Alert has proven itself 
to be something that will actually assist in recovering 
abducted children. It is, therefore, too important to the lives 
and safety of such children to be used as a vehicle to get a 
bunch of controversial provisions into a conference which may 
never even meet this late in a session.
    The resistance in the Senate is just not true of the 
current Senate. Most of the provisions have been languishing in 
the Senate for the last three Congresses after passing the 
House without any Senate consideration.
    Mr. Chairman, if we insist on passing all of these 
provisions, we risk losing the chance of passing the AMBER 
Alert bill, which enjoys broad bipartisan support. I will hope 
that you will adopt my amendment which conforms the bill to the 
Senate AMBER Alert bill so that we can pass the bill and send 
it on to the President.
    Chairman Sensenbrenner. Without objection, all Members may 
put opening statements in the record at this point.
    [The prepared statement of Ms. Jackson Lee follows:]
       Prepared Statement of the Honorable Sheila Jackson Lee, a 
           Representative in Congress From the State of Texas
    Mr. Chairman, I lend my support to H.R. 5422, Proposed Omnibus 
``Child Abduction Prevention Act.'' As founder and co-chair of the 
Congressional Children's Caucus, I applaud the goals of this bill. 
However, there are some concerns about some of the measures 
incorporated in the bill. Although I have supported all the measures in 
the bill that have been considered on the floor, I would like 
acknowledge the tireless efforts of Congressman Bobby Scott to ensure 
that this measure does not violate the strong tradition of protecting 
civil liberties that is fundamental to our national legal system.
    Every day in this country, 2,100 children are reported missing to 
the FBI's National Crime Information Center. There are at least 5,000 
children missing per year in Houston. The National Child Identification 
Program was created in 1997 with the goal of fingerprinting 20 million 
children. This program provides a free fingerprint kit to parents, who 
then take and store their child's fingerprints in their own homes. If 
this information were ever needed, fingerprints would be given to the 
police to help them in locating a missing child. This bill will 
compliment the National Crime Information Center.
    I have taken steps to protect the very youngest of such victims. I 
introduced H.R. 72, the Infant Protection and Baby Switching Prevention 
Act. This legislation would require certain hospitals reimbursed under 
Medicare to have in effect security procedures to reduce the likelihood 
of infant patient abduction and baby switching, including procedures 
for identifying all infant patients in the hospital in a manner that 
ensures that it will be evident if infants are missing.
    I have also filed legislation to instruct the Attorney General to 
establish a national DNA database only for sex offenders and violent 
offenders against children. It was noted at the scene where Samantha 
Runnion lost her life that a lot of DNA evidence was there. I can 
imagine that this happens in crime scene after crime scene.
    Only 22 States sex offender registries collect and maintain DNA 
samples as part of the registration. Only 22 States have a DNA registry 
that can be utilized for sex offenders. Research on sex offenders found 
that over a 4- to 5-year period, a 13.4 percent rate of recidivism in 
regard to commission of another sexual offense, and a 12.2 percent rate 
of recidivism with a nonsexual offense, violent offense, and a 36.6 
percent rate of recidivism with any other offense. One offense is one 
too many for me. A long-term follow-up on a study of child molesters in 
Canada found that 42 percent were re-convicted of a sexual or violent 
crime during the 15- to 30-year follow-up period. There are provisions 
of this measure that would authorize COPS funding for SEX Offender 
Apprehension Programs (SOAPs) in States that have a sex offender 
registry and have laws that make it a crime for failure to notify 
authorities of any change in address by child sex offenders. My 
legislation would help expand the sex offender registries--specifically 
as it relates to violent predators against children, making more states 
available for this funding.
    Mr. Speaker, as I have previously stated, I cannot take the 
murderous acts that are being perpetrated on our children, one after 
another. There are times that I feel that we, in this country, have 
become jaded. One child after another, Samantha Runnion being the last, 
most vicious and violent exhibition of the lowest grade of individual. 
Ms., Runnion, a 5-year-old playing with her friend in front of her 
house was snatched away screaming and kicking and pleading for her 
life. Her nude body was found a day later with clear indication that 
she had been sexually assaulted and strangled.
    Elizabeth Smart,--and Laura Ayala, of my own community--both were 
victims of Abduction. Laura Ayala was a 13-year-old just trying to get 
a newspaper for her homework, maybe less than 50 feet away from a 
store. She was snatched so fast that all the police found scattered 
newspaper and sandals left in place. The names go on and we all know 
them, Danielle Van Dam--Rilya Wilson, 5 years old, missing for a year 
before the children's protective services in Florida even managed to 
say anything.
    Mr. Chairman, we truly have a crisis, I believe. In a 1999 report 
authored about children as victims, it states, ``Although the U.S. 
violent crime rate has been decreasing since 1994, homicide remains a 
leading cause of death for young people. Juveniles are twice as likely 
as adults to be victims of serious violent crimes and 3 times as likely 
to be victims of assault. Many of these victims are quite young. Law 
enforcement data indicates that 1 in 18 victims of violent crime is 
under the age of 12. In one-third of the sexual assaults reported to 
law enforcement, the victim is under the age of 12. In most cases 
involving serious violent crime, juvenile victims know the perpetrator, 
who is not the stereotypical stranger, but a family member or 
acquaintance.''
    The AMBER (America's Missing: Broadcast Emergency Response) alert 
system is a successful nationwide effort, which permits law enforcement 
agencies and broadcasters to rapidly exchange information in the most 
serious child abduction cases and quickly alert the public during the 
critical first few hours of a child's abduction. This program is named 
after Amber Hagerman, who was abducted and murdered in Arlington, Texas 
several years ago. This program has been responsible for the amazing 
recovery of at least ten children. One of these programs is based in my 
district of Houston, Texas. In response to the May 1 abduction of 11-
year-old Leah Henry of Houston, the Amber plan has been made more 
flexible, permitting alerts to air more frequently and through radio 
and television stations, rather than resorting to the emergency 
broadcast system. It is my hope that cities around the nation will 
adopt this valuable program.
    We must all take a stand against child abduction and victimization. 
I am grateful to all other concerned organizations and citizens for 
doing so.

    Are there any amendments? The gentleman from Virginia, do 
you have an amendment?
    Mr. Scott. I have an amendment. Do----
    Ms. Jackson Lee. I have a quick one.
    Mr. Scott. I'd defer to the gentlelady from----
    Chairman Sensenbrenner. The gentlewoman from Texas, for 
what purpose do you seek recognition?
    Ms. Jackson Lee. An amendment under the name of Jackson 
Lee. This amendment has the support of Mr. Schiff and----
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    Ms. Jackson Lee. This is the Schiff amendment. This is the 
Schiff amendment.
    Chairman Sensenbrenner. Okay. What is being passed out is 
one that's from Mr. Scott that strikes everything except 
section 301 through----
    Ms. Jackson Lee. No, this is the section 401, Forensic and 
Investigative Support.
    Chairman Sensenbrenner. Okay. The clerk will report that 
amendment.
    Mr. Scott. Don't go too far away with that other one.
    Ms. Jackson Lee. This is the Schiff-Jackson Lee.
    The Clerk. Amendment to H.R. 5422, offered by Mr. Schiff 
and Ms. Jackson Lee. At the end of the bill, add the following: 
Title IV-Miscellaneous. Section 401, Forensic and Investigative 
Support of Missing and Exploited Children.
    Chairman Sensenbrenner. Without objection, the amendment is 
considered as read.
    [The amendment follows:]
    
    

    Chairman Sensenbrenner. The gentlewoman is recognized for 5 
minutes, and will the gentlewoman yield?
    Ms. Jackson Lee. Yes, I'd be happy to yield.
    Chairman Sensenbrenner. I'm happy to accept this amendment. 
This is a constructive addition to the bill.
    Ms. Jackson Lee. Mr. Chairman, if I might, first of all, to 
acknowledge that this legislation was first offered by one of 
my colleagues who I work with in the Missing and Exploited 
Children's Caucus, as well as the Congressional Children's 
Caucus, Nick Lampson. And what it does is it consummates the 
relationship between the National Center for Missing Children 
and as well the Secret Service using their varied talents.
    Might I ask my colleagues to consider this, and I conclude 
by simply saying this: that this bill has great legs and great 
movement. I sense a degree of unreadiness, and I believe there 
would be genuine support of Democrats to allow this process to 
continue a little longer than it has. I will say that I'm very 
dedicated to this issue, and I thank the Missing and Exploited 
Children for working with me on several points, including DNA 
legislation that I am going to continue to pursue to ensure 
that we have a stronger initiative in making sure our children 
are not abducted but, more importantly, violent predators 
against children are found.
    This particular amendment that I offer today is one that I 
think will strengthen this legislation, and I'd ask my 
colleagues to support this amendment that consummates the 
relationship between the Secret Service and the Center for 
Missing and Exploited Children.
    Chairman Sensenbrenner. The question is on the adoption of 
the Jackson Lee amendment. Those in favor will say aye? 
Opposed, no?
    The ayes appear to have it. The ayes have it and the 
amendment is agreed to.
    Are there further amendments? The gentleman from Virginia, 
Mr. Scott.
    Mr. Scott. I have an amendment at the desk, Mr. Chairman.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 5422, offered by mr. Scott. 
Starting on page 2, line 1, strike all of the bill except 
sections 301 through 305, and renumber sections accordingly.
    [The amendment follows:]
    
    
    Chairman Sensenbrenner. The gentleman's recognized for 5 
minutes.
    Mr. Scott. Mr. Chairman, to save time, I'd incorporate by 
reference my opening statement.
    Chairman Sensenbrenner. Without objection.
    Mr. Scott. This conforms the bill to the AMBER Alert bill 
that everyone has agreed to, that the Senate will pass. I hope 
you'll adopt the amendment so that the AMBER Alert portion of 
the bill will not get lost in a legislative quagmire.
    I yield back.
    Chairman Sensenbrenner. The gentleman from Texas, Mr. 
Smith.
    Mr. Smith. Mr. Chairman, I oppose this amendment.
    Chairman Sensenbrenner. Recognized for 5 minutes.
    Mr. Smith. Mr. Chairman, I oppose this amendment which 
would strike all the provisions of the bill except those 
related to the implementation of a national AMBER Alert system, 
as the gentleman from Virginia just described it. Although I am 
in favor of the AMBER Alert provisions of this bill, I do not 
believe that passing only these provisions is the best way to 
deal with the problem of child abductions in this country.
    H.R. 5422 in its current form is a balanced approach that 
provides stronger penalties against kidnapping, ensures 
lifetime supervision of sexual offenders and kidnappers of 
children, gives law enforcement the tools it needs to prosecute 
these crimes, and provides community assistance when a child is 
abducted.
    Many of these provisions that would be stricken by the 
amendment have already passed the House by a wide bipartisan 
margin. Of course, if the Senate had acted, we wouldn't be 
highlighting them in the package today.
    Those provisions, along with the others, ensure that for 
those individuals who harm a child, the punishment will be 
severe and they will not be allowed to slip through the cracks 
of the system to harm other children.
    Mr. Chairman, there's another reason to oppose this 
amendment, and that is, while the AMBER provisions are good and 
constructive, they deal only with the situation after the child 
has already been abducted. The rest of the provisions in this 
bill which we need to maintain actually go to the heart of the 
matter, which is trying to prevent abductions from actually 
occurring and, should they occur, punish the perpetrators more 
severely. So we need all the provisions in this bill, not just 
the AMBER provision.
    And, Mr. Chairman, I will yield back the balance of my 
time.
    Chairman Sensenbrenner. For what purpose does the 
gentlewoman from California, Ms. Waters, seek recognition?
    Ms. Waters. To strike the last word.
    Chairman Sensenbrenner. The gentlewoman's recognized for 5 
minutes.
    Ms. Waters. I would like to support Mr. Scott's amendment, 
really. It seems to me that it is a sensible amendment that 
would show our support for AMBER Alert without reviving 
legislation that's already been passed by this Committee and 
this House. As a matter of fact, I thought there were some 
rules of the House that would not allow us to simply take up 
legislation that had already been passed, particularly by the 
Committee and the House again, and just recycle it into 
legislation that has with it just additional information that 
makes it appear as if it's new legislation somehow.
    Some of that legislation that passed out I certainly had 
some questions about, and I think that we debated that here in 
the Committee, and the decision of the Committee to pass it was 
certainly a decision by the majority of this Committee. Why, 
then, are we doing that again?
    As a matter of fact, I would like to yield to the Chair to 
ask, Mr. Chairman, whether or not we're in violation of any 
House rules by recycling legislation that's already been passed 
out of the Committee.
    Chairman Sensenbrenner. The answer to that question is no.
    Ms. Waters. You don't have anything else you want to say?
    Chairman Sensenbrenner. The gentlewoman from California 
knows that I'm a person of many fewer words than she.
    Ms. Waters. Okay. On my time, I think that the Chair's 
answer is abbreviated because the Chair does not wish to get 
into a discussion about duplication of legislation and knows 
that this legislation has just been blown up to make it look as 
if it is something that it is not.
    As a matter of fact, that portion which is new I support on 
AMBER Alert. The other part of the legislation, which I think 
is being struck by this amendment, I would support the 
amendment by the gentleman from Virginia because it makes good 
sense.
    I yield back the balance of my time.
    Chairman Sensenbrenner. The question is on the Scott 
amendment. Those in favor will say aye? Opposed, no?
    The noes appear to have it. The noes have it and the 
amendment is not agreed to.
    Are there further amendments?
    Mr. Scott. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from Virginia.
    Mr. Scott. I seek recognition for a motion.
    Chairman Sensenbrenner. What is the motion?
    Mr. Scott. To bring up for consideration Senate bill S. 
2896, the National AMBER Alert----
    Chairman Sensenbrenner. And that has not been properly 
noticed in the Committee notice, and consequently that motion 
is not in order.
    Mr. Scott. Mr. Chairman, parliamentary inquiry.
    Chairman Sensenbrenner. State your inquiry.
    Mr. Scott. Would it be in order without notice by unanimous 
consent?
    Chairman Sensenbrenner. The pending question is H.R. 5422, 
and that is not in order while there is another matter that is 
pending.
    Are there further amendments to H.R. 5422? If not, the 
question is on the Subcommittee amendment in the nature of a 
substitute as amended. Those in favor will say aye? Opposed, 
no?
    The ayes appear to have it. The ayes have it and the 
substitute amendment as amended is agreed to.
    The Chair notes the presence of a reporting quorum. Those 
in favor of the motion to report the bill H.R. 5422 favorably 
as amended will say aye. Opposed, no?
    The ayes appear to have it. The ayes have it and the motion 
to report favorably is agreed to.
    Without objection, the bill will be reported favorably to 
the House in the form of a single amendment in the nature of a 
substitute, incorporating the amendments adopted here today. 
Without objection, the Chairman is authorized to move to go to 
conference pursuant to House rules. Without objection, the 
staff is directed to make any technical and conforming changes, 
and all Members will be given 2 days as provided by the rules 
in which to submit additional, dissenting, supplemental, or 
minority views.
    That completes the noticed----
    Mr. Scott. Mr. Chairman? Mr. Chairman?
    Chairman Sensenbrenner.--agenda, and the Chair declares the 
Committee adjourned.
    [Whereupon, at 11:45 a.m., the Committee was adjourned.]
                            Dissenting Views

    We are very disappointed with the approach being taken by 
the Majority to deal with the very serious problem of child 
abduction.
    If ever there was an issue the parties could come together 
on in a bipartisan way, this would seem to be it. The recent 
rash of child abductions clearly indicates the need to protect 
our children from sexual predators. Bipartisan legislation was 
introduced in the House (H.R 5326) \1\ and Senate (S. 2896) \2\ 
that would create a national Amber alert system to assist local 
and state authorities in tracking kidnappers that attempt to 
cross state lines.
---------------------------------------------------------------------------
    \1\ H.R. 5326, the National AMBER Alert Network Act of 2002 was 
introduced on September 4, 2002, by Representatives Frost and Dunn. The 
bill currently has 108 cosponsors.
    \2\ S. 2896, the National AMBER Alert Network Act of 2002 was 
introduced on September 3, 2002, by Senators Feinstein and Hutchinson. 
The bill passed the Senate the following week on September 10, 2002.
---------------------------------------------------------------------------
    That bipartisan bill quickly passed the Senate and it 
should have quickly passed the House and been sent on to the 
president. Instead, what we have is a bill that includes the 
non-controversial Amber alert provisions and far more 
controversial provisions concerning death penalties, mandatory 
minimum sentences, wiretap extensions, pre-trial release, and a 
whole host of other unrelated provisions.
    For example, this bill mandates life without parole for 
even attempted consensual touching of sexual parts by 
consenting teenagers if one is a minor and it is a second such 
offense. This is a greater penalty than is required for a 
second offense of 2nd degree murder. Approximately 80% of those 
subject to these draconian penalties are Native Americans on 
reservations.
    The bill also extends FBI wiretap authority to sexual acts 
between consenting adults. It, furthermore, extends wiretap 
authority to investigate sexually explicit computer generated 
images, even when the images do not involve real children, 
despite the fact that the U.S. Supreme Court recently ruled 
that creation and possession of such images does not constitute 
a crime. While some of us support these provisions and others 
do not, we all agree that it is unnecessary and 
counterproductive to weigh down the Amber alert provisions with 
these measures.
    The majority knows that many on this side of the aisle 
cannot as a matter of principal support the death penalty and 
mandatory minimum sentences, particularly with all of the 
problems we have seen in these areas in this country. As many 
people now know, our current death penalty system is riddled 
with several flaws. Namely, the unacceptably high rate of 
wrongful convictions, inadequate legal representation and a 
system that is applied in a racially discriminatory manner. 
Indeed, after realizing the significant problems with the death 
penalty, Governor Ryan of Illinois, historically an advocate of 
the death penalty, declared a moratorium in his state after 13 
people were released from death row because of innocence. Ryan 
wanted assurances that the system worked before resuming 
executions. Some death penalty proponents have argued that the 
problems in Illinois are exceptional. In fact, however, the 
error rate in Illinois is 66%, slightly lower than the national 
average of 68%.
    Problems with the bill's mandatory minimum provisions are 
equally troubling. Mandatory minimum sentences have been 
studied extensively and have been shown to be ineffective in 
preventing crime, to distort the sentencing process and to be a 
considerable waste of taxpayers' money. Weighing in on the 
issue, Chief Justice Rehnquist, who is not generally known to 
be lenient on crime, has stated that, ``mandatory minimums . . 
. are frequently the result of floor amendments to demonstrate 
emphatically that legislators want to `get tough on crime.' 
Just as frequently, they do not involve any careful 
consideration of the effect they might have on the sentencing 
guidelines as a whole . . .'' When the majority of scholars, 
justices and policy analysts all oppose such controversial 
provisions, the majority's inclusion of such policies suggests 
that they have gone out of its way to load the bill up and make 
it more difficult for some Members to support the legislation.
    This ``my way or the highway'' approach might at least be 
understandable if it was employed early in the legislative 
session. But we only have 1 week left in the Congress, and we 
need to pass a clean ``AMBER alert'' bill now and send it on to 
the president. The White House has asked us to do exactly 
that.\3\ We are puzzled that the Majority has decided to play 
politics, rather than advance this important bill.
---------------------------------------------------------------------------
    \3\ Bush Promotes ``Amber Alert'' System, The Washington Post, 
Thursday, October 3, 2002.

                                   John Conyers, Jr.
                                   Howard L. Berman.
                                   Robert C. Scott.
                                   Melvin L. Watt.

                                

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