19–006

108TH CONGRESS REPT. 108–47 " HOUSE OF REPRESENTATIVES ! 1st Session Part 1

CHILD ABDUCTION PREVENTION ACT

MARCH 24, 2003.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. SENSENBRENNER, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

together with 

DISSENTING AND MINORITY VIEWS 

[To accompany H.R. 1104] 

[Including cost estimate of the Congressional Budget Office]

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 1104) 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 ............................................................. 9

Hearings ................................................................................................................... 10

Committee Consideration ........................................................................................ 10

Vote of the Committee ............................................................................................. 10

Committee Oversight Findings ............................................................................... 11

Performance Goals and Objectives ......................................................................... 12

New Budget Authority and Tax Expenditures ...................................................... 12

Congressional Budget Office Cost Estimate .......................................................... 12

Constitutional Authority Statement ...................................................................... 15

Section-by-Section Analysis and Discussion .......................................................... 15

Changes in Existing Law Made by the Bill, as Reported ..................................... 20

Committee Jurisdiction Letters .............................................................................. 33

Markup Transcript .................................................................................................. 38

Dissenting Views ..................................................................................................... 103

Minority Views ......................................................................................................... 109

The amendment is as follows: 

Strike all after the enacting clause and insert the following:

2

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—

(1) in subsection (e)(3), by inserting ‘‘on any such revocation’’ after ‘‘required 

to serve’’; 

(2) in subsection (h), by striking ‘‘that is less than the maximum term of 

imprisonment authorized under subsection (e)(3)’’; and 

(3) by adding at the end the following: 

‘‘(k) Notwithstanding subsection (b), the authorized term of supervised release 

for any offense under section 1201 involving a minor victim, and for any offense 

under section 1591, 2241, 2242, 2244(a)(1), 2244(a)(2), 2251, 2251A, 2252, 2252A, 

2260, 2421, 2422, 2423, or 2425, is any term of years or life, and the sentence for 

any such offense that is a felony shall include a term of supervised release of at 

least 5 years.’’. 

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—

3

(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 

4

conduct with another person shall be fined under this title or imprisoned not more 

than 30 years, or both. 

‘‘(c) ENGAGING IN ILLICIT SEXUAL CONDUCT IN FOREIGN PLACES.—Any United 

States citizen or alien admitted for permanent residence who travels in foreign commerce, and engages in any illicit sexual conduct with another person shall be fined 

under this title or imprisoned not more than 30 years, or both. 

‘‘(d) ANCILLARY OFFENSES.—Whoever arranges, induces, procures, or facilitates 

the travel of a person knowing that such a person is traveling in interstate commerce or foreign commerce for the purpose of engaging in illicit sexual conduct shall 

be fined under this title, imprisoned not more than 30 years, or both. 

‘‘(e) ATTEMPT AND CONSPIRACY.—Whoever attempts or conspires to violate subsection (a), (b), (c), or (d) shall be punishable in the same manner as a completed 

violation of that subsection. 

‘‘(f) DEFINITION.—As used in this section, the term ‘illicit sexual conduct’ means 

(1) a sexual act (as defined in section 2246) with a person 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), 2244(a)(1) or (2) (relating to 

abusive sexual contact), 2245 (relating to sexual abuse resulting in 

death), 2251 (relating to sexual exploitation of children), 2251A (relating to selling or buying of children), or 2422(b) (relating to coercion and 

enticement of a minor into prostitution); 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. 

5

SEC. 107. ATTEMPT LIABILITY FOR INTERNATIONAL PARENTAL KIDNAPPING. 

Section 1204 of title 18, United States Code, is amended—

(1) in subsection (a), by inserting ‘‘, or attempts to do so,’’ before ‘‘or retains’’; and 

(2) in subsection (c)—

(A) in paragraph (1), by inserting ‘‘or the Uniform Child Custody Jurisdiction and Enforcement Act’’ before ‘‘and was’’; and 

(B) in paragraph (2), by inserting ‘‘or’’ after the semicolon. 

TITLE II—INVESTIGATIONS AND 

PROSECUTIONS 

Subtitle A—Law Enforcement Tools To Protect 

Children 

SEC. 201. INTERCEPTIONS OF COMMUNICATIONS IN INVESTIGATIONS OF SEX OFFENSES. 

(a) IN GENERAL.—Section 2516(1) of title 18, United States Code, is amended—

(1) in paragraph (a), by inserting after ‘‘chapter 37 (relating to espionage),’’

the following: ‘‘chapter 55 (relating to kidnapping),’’; and 

(2) in paragraph (c)—

(A) by inserting ‘‘1591 (sex trafficking),’’ before ‘‘section 1751’’; 

(B) by striking ‘‘2251 and 2252 (sexual exploitation of children)’’ and inserting ‘‘2251, 2251A, 2252, 2252A, and 2260 (sexual exploitation of children)’’; and 

(C) by inserting ‘‘sections 2421, 2422, 2423, and 2425 (transportation 

for illegal sexual activity and related crimes),’’ before ‘‘section 1029’’. 

(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: 

‘‘§ 3297. 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 section 1591, 2241, 2242, 

2244(a)(1), 2244(a)(2), 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, 2423, or 2425.’’. 

(2) The table of sections at the beginning of such chapter is amended by adding 

at the end the following new item:

‘‘3297. Child abduction and sex offenses.’’.

(b) 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 by striking ‘‘or 

2332b’’ and inserting ‘‘1201, 1591, 2241, 2242, 2244(a)(1), 2242(a)(2), 2251, 2251A, 

2252, 2252A, 2260, 2332b, 2421, 2422, 2423, or 2425’’. 

6

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’’. 

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 appropriate information relating to the special needs of an 

abducted child (including health care needs) are disseminated to the appropriate 

law enforcement, public health, and other public officials. 

(3) The minimum standards shall, to the maximum extent practicable (as determined by the Coordinator in consultation with State and local law enforcement 

agencies), provide that the dissemination of an alert through the AMBER Alert communications network be limited to the geographic areas most likely to facilitate the 

recovery of the abducted child concerned. 

(4) In carrying out activities under subsection (a), the Coordinator may not 

interfere with the current system of voluntary coordination between local broadcasters and State and local law enforcement agencies for purposes of the AMBER 

Alert communications network. 

(c) COOPERATION.—(1) The Coordinator shall cooperate with the Secretary of 

Transportation and the Federal Communications Commission in carrying out activities under this section. 

(2) The Coordinator shall also cooperate with local broadcasters and State and 

local law enforcement agencies in establishing minimum standards under this section. 

7

SEC. 303. GRANT PROGRAM FOR NOTIFICATION AND COMMUNICATIONS SYSTEMS ALONG 

HIGHWAYS FOR RECOVERY OF ABDUCTED CHILDREN. 

(a) PROGRAM REQUIRED.—The Secretary of Transportation shall carry out a program to provide grants to States for the development or enhancement of notification 

or communications systems along highways for alerts and other information for the 

recovery of abducted children. 

(b) DEVELOPMENT GRANTS.—

(1) IN GENERAL.—The Secretary may make a grant to a State under this 

subsection for the development of a State program for the use of changeable 

message signs or other motorist information systems to notify motorists about 

abductions of children. The State program shall provide for the planning, coordination, and design of systems, protocols, and message sets that support the coordination and communication necessary to notify motorists about abductions of 

children. 

(2) ELIGIBLE ACTIVITIES.—A grant under this subsection may be used by a 

State for the following purposes: 

(A) To develop general policies and procedures to guide the use of 

changeable message signs or other motorist information systems to notify 

motorists about abductions of children. 

(B) To develop guidance or policies on the content and format of alert 

messages to be conveyed on changeable message signs or other traveler information systems. 

(C) To coordinate State, regional, and local plans for the use of changeable message signs or other transportation related issues. 

(D) To plan secure and reliable communications systems and protocols 

among public safety and transportation agencies or modify existing communications systems to support the notification of motorists about abductions 

of children. 

(E) To plan and design improved systems for communicating with motorists, including the capability for issuing wide area alerts to motorists. 

(F) To plan systems and protocols to facilitate the efficient issuance of 

child abduction notification and other key information to motorists during 

off-hours. 

(G) To provide training and guidance to transportation authorities to 

facilitate appropriate use of changeable message signs and other traveler 

information systems for the notification of motorists about abductions of 

children. 

(c) IMPLEMENTATION GRANTS.—

(1) IN GENERAL.—The Secretary may make a grant to a State under this 

subsection for the implementation of a program for the use of changeable message signs or other motorist information systems to notify motorists about abductions of children. A State shall be eligible for a grant under this subsection 

if the Secretary determines that the State has developed a State program in accordance with subsection (b). 

(2) ELIGIBLE ACTIVITIES.—A grant under this subsection may be used by a 

State to support the implementation of systems that use changeable message 

signs or other motorist information systems to notify motorists about abductions 

of children. Such support may include the purchase and installation of changeable message signs or other motorist information systems to notify motorists 

about abductions of children. 

(d) FEDERAL SHARE.—The Federal share of the cost of any activities funded by 

a grant under this section may not exceed 80 percent. 

(e) DISTRIBUTION OF GRANT AMOUNTS.—The Secretary shall, to the maximum 

extent practicable, distribute grants under this section equally among the States 

that apply for a grant under this section within the time period prescribed by the 

Secretary. 

(f) ADMINISTRATION.—The Secretary shall prescribe requirements, including application requirements, for the receipt of grants under this section. 

(g) DEFINITION.—In this section, the term ‘‘State’’ means any of the 50 States, 

the District of Columbia, or Puerto Rico. 

(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

to the Secretary to carry out this section $20,000,000 for fiscal year 2004. Such 

amounts shall remain available until expended. 

(i) STUDY OF STATE PROGRAMS.—

(1) STUDY.—The Secretary shall conduct a study to examine State barriers 

to the adoption and implementation of State programs for the use of communications systems along highways for alerts and other information for the recovery of abducted children. 

8

(2) REPORT.—Not later than 1 year after the date of enactment of this Act, 

the Secretary shall transmit to Congress a report on the results of the study, 

together with any recommendations the Secretary determines appropriate. 

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

(a) PROGRAM REQUIRED.—The Attorney General shall carry out a program to 

provide grants to States for the development or enhancement of programs and activities for the support of AMBER Alert communications plans. 

(b) ACTIVITIES.—Activities funded by grants under the program under subsection (a) may include—

(1) the development and implementation of education and training programs, and associated materials, relating to AMBER Alert communications 

plans; 

(2) the development and implementation of law enforcement programs, and 

associated equipment, relating to AMBER Alert communications plans; and 

(3) such other activities as the Attorney General considers appropriate for 

supporting the AMBER Alert communications program. 

(c) FEDERAL SHARE.—The Federal share of the cost of any activities funded by 

a grant under the program under subsection (a) may not exceed 50 percent. 

(d) DISTRIBUTION OF GRANT AMOUNTS ON GEOGRAPHIC BASIS.—The Attorney 

General shall, to the maximum extent practicable, ensure the distribution of grants 

under the program under subsection (a) on an equitable basis throughout the various regions of the United States. 

(e) ADMINISTRATION.—The Attorney General shall prescribe requirements, including application requirements, for grants under the program under subsection 

(a). 

(f) AUTHORIZATION OF APPROPRIATIONS.—(1) There is authorized to be appropriated for the Department of Justice $5,000,000 for fiscal year 2004 to carry out 

this section. 

(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 inserting ‘‘and $20,000,000 for each of 

fiscal years 2004 and 2005’’ after ‘‘and 2003’’. 

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;’’.

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 to 5,000 attempts are successful. These 

facts and recent high profile abductions have significantly increased the fear of parents across the Nation that their children 

are in danger. H.R. 1104, 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. 

9

BACKGROUND AND NEED FOR THE LEGISLATION

According to the United States Department of Justice (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. 

1104 authorizes funding for a voluntary 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. 1104 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 

10

abductions by doubling its authorization to $20 million through 

2005. 

HEARINGS

On March 11, 2003, the Subcommittee on Crime, Terrorism, and 

Homeland Security held a legislative hearing on H.R. 1104. Testimony was received from three witnesses. The witnesses were: Daniel P. Collins, Associate Deputy Attorney General, U.S. Department 

of Justice; Ronald S. Sullivan, Jr., Director of the Public Defender 

Service for the District of Columbia; and John P. Feldmeier, Esq., 

Cincinnati, OH. 

COMMITTEE CONSIDERATION

On March 11, 2003, the Subcommittee on Crime, Terrorism, and 

Homeland Security met in open session and ordered favorably reported the bill H.R. 1104, by a voice vote, a quorum being present. 

On March 18, 2003, the Committee met in open session and ordered favorably reported the bill H.R. 1104 with amendment by a 

recorded vote of 18 to 2 and 1 voting present, a quorum being 

present. 

VOTE OF THE COMMITTEE

1. An amendment was offered by Ms. Jackson Lee to strike Titles I and II of the bill. The amendment was defeated by a rollcall 

vote of 5 to 17.

ROLLCALL NO. 1 

Ayes Nays Present 

Mr. Hyde ............................................................................................................

Mr. Coble ........................................................................................................... X

Mr. Smith .......................................................................................................... X

Mr. Gallegly .......................................................................................................

Mr. Goodlatte .................................................................................................... X

Mr. Chabot ........................................................................................................ X

Mr. Jenkins ........................................................................................................ X

Mr. Cannon ....................................................................................................... X

Mr. Bachus ........................................................................................................ X

Mr. Hostettler .................................................................................................... X

Mr. Green ..........................................................................................................

Mr. Keller ........................................................................................................... X

Ms. Hart ............................................................................................................ X

Mr. Flake ...........................................................................................................

Mr. Pence .......................................................................................................... X

Mr. Forbes ......................................................................................................... X

Mr. King ............................................................................................................

Mr. Carter .......................................................................................................... X

Mr. Feeney ......................................................................................................... X

Mrs. Blackburn .................................................................................................. X

Mr. Conyers ....................................................................................................... X

Mr. Berman .......................................................................................................

Mr. Boucher .......................................................................................................

Mr. Nadler .........................................................................................................

Mr. Scott ........................................................................................................... X

Mr. Watt ............................................................................................................ X

Ms. Lofgren .......................................................................................................

Ms. Jackson Lee ................................................................................................ X

Ms. Waters ........................................................................................................

Mr. Meehan .......................................................................................................

Mr. Delahunt .....................................................................................................

11

ROLLCALL NO. 1—Continued

Ayes Nays Present 

Mr. Wexler ......................................................................................................... X

Ms. Baldwin ......................................................................................................

Mr. Weiner .........................................................................................................

Mr. Schiff ..........................................................................................................

Ms. Sa ́nchez ...................................................................................................... X

Mr. Sensenbrenner, Chairman .......................................................................... X

Total ................................................................................................ 5 17

2. Final Passage. The motion to report favorably the bill, H.R. 

1104 with amendment, was agreed to by a rollcall vote of 18 to 2 

and 1 voting present.

ROLLCALL NO. 2 

Ayes Nays Present 

Mr. Hyde ............................................................................................................

Mr. Coble ........................................................................................................... X

Mr. Smith .......................................................................................................... X

Mr. Gallegly .......................................................................................................

Mr. Goodlatte .................................................................................................... X

Mr. Chabot ........................................................................................................ X

Mr. Jenkins ........................................................................................................ X

Mr. Cannon ....................................................................................................... X

Mr. Bachus ........................................................................................................ X

Mr. Hostettler .................................................................................................... X

Mr. Green ..........................................................................................................

Mr. Keller ........................................................................................................... X

Ms. Hart ............................................................................................................ X

Mr. Flake ...........................................................................................................

Mr. Pence .......................................................................................................... X

Mr. Forbes ......................................................................................................... X

Mr. King ............................................................................................................

Mr. Carter .......................................................................................................... X

Mr. Feeney ......................................................................................................... X

Mrs. Blackburn .................................................................................................. X

Mr. Conyers .......................................................................................................

Mr. Berman .......................................................................................................

Mr. Boucher .......................................................................................................

Mr. Nadler .........................................................................................................

Mr. Scott ........................................................................................................... X

Mr. Watt ............................................................................................................ X

Ms. Lofgren .......................................................................................................

Ms. Jackson Lee ................................................................................................ X 

Ms. Waters ........................................................................................................

Mr. Meehan .......................................................................................................

Mr. Delahunt .....................................................................................................

Mr. Wexler ......................................................................................................... X

Ms. Baldwin ......................................................................................................

Mr. Weiner .........................................................................................................

Mr. Schiff ..........................................................................................................

Ms. Sa ́nchez ...................................................................................................... X

Mr. Sensenbrenner, Chairman .......................................................................... X

Total ................................................................................................ 18 2 1

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 RepVerDate Dec 13 2002 23:52 Mar 24, 2003 Jkt 019006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6601 E:\HR\OC\HR47P1.XXX HR47P1
12

resentatives, are incorporated in the descriptive portions of this report. 

PERFORMANCE GOALS AND OBJECTIVES

H.R. 1104 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. 1104, 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, March 24, 2003. 

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. 1104, 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 Victoria Heid 

Hall (for the State and local impact), who can be reached at 225–

3220. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN.

Enclosure

cc: Honorable John Conyers, Jr. 

Ranking Member 

13

H.R. 1104—Child Abduction Prevention Act. 

SUMMARY

H.R. 1104 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. 1104 would authorize the appropriation of:

• $20 million in fiscal year 2004 for the Department of Transportation (DOT) to make grants to States for disseminating 

information about missing children along highways;

• $5 million in fiscal year 2004 for the Department of Justice 

(DOJ) to make grants to States to develop or improve 

AMBER Alert communications plans; and

• $20 million in each of fiscal years 2004 and 2005 for the 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. 1104 would cost $76 million over the 2004–2008 period. 

This legislation could affect direct spending and revenues, but we 

estimate that any such effects would not be significant. 

H.R. 1104 would expand an existing mandate, as defined in the 

Unfunded Mandates Reform Act (UMRA), by broadening 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 the expansion would not be significant and thus would not meet 

the threshold established in UMRA ($59 million in 2003, adjusted 

annually for inflation). 

H.R. 1104 contains no new private-sector mandates as defined in 

UMRA. 

ESTIMATED COST TO THE FEDERAL GOVERNMENT

The estimated budgetary impact of H.R. 1104 is shown in the following table. The costs of this legislation fall within budget functions 400 (transportation) and 750 (administration of justice).

14

BASIS OF ESTIMATE

CBO assumes that H.R. 1104 will be enacted by the end of fiscal 

year 2003, that the specific amounts authorized for grant programs 

will be appropriated by the beginning of each fiscal year, and that 

outlays will follow the historical spending rates for these or similar 

activities. 

H.R. 1104 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. 1104 would 

apply to about 500 offenders annually by 2008. 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 2008 and would 

total $11 million over the 2003–2008 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. 1104 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. 


CBO.eps
15

ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS

H.R. 1104 would expand an existing mandate as defined in 

UMRA by broadening requirements for State and local law enforcement agencies to report cases of missing children up to the age of 

21. Under current law such agencies are required to report cases 

of missing children up to the age of 18. CBO estimates the costs 

of the expansion would not be significant and thus would not meet 

the threshold established in UMRA ($59 million in 2003, 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. 1104 would expand the approved uses for grants under 

the Community Oriented Policing Services program to include assisting States in enforcing registry of sex offenders. Any costs incurred to receive or administer such grants would be voluntary. 

ESTIMATED IMPACT ON THE PRIVATE SECTOR

H.R. 1104 contains no new private-sector mandates as defined in 

UMRA. 

ESTIMATE PREPARED BY: 

Federal Costs: Mark Grabowicz (226–2860) 

Impact on State, Local, and Tribal Governments: Victoria Heid 

Hall (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

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 postrelease supervision of sex offenders from a minimum of 5 years and 

up to a maximum of life. Currently, most such offenses have a 

maximum of three to 5 years of supervision. This section is similar 

to H.R. 4679, the ‘‘Lifetime Consequences for Sex Offenders Act of 

2002,’’ which passed the House 409–3 on June 25, 2002. 

16

Sec. 102. First degree murder for child abuse and child torture murders. 

This section amends 18 U.S.C. § 1111 of title 18 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 § 2A4.1(a) of 

the Sentencing Guidelines). It further deletes the provision of the 

17

Guidelines that rewards kidnappers for releasing the victim within 

24 hours by reducing the base offense level by one point. (Deletes 

§ 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 § 2A4.1(5) of the 

Sentencing Guidelines.)

This section also amends 18 U.S.C. § 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. The maximum 

penalty a defendant could receive is up to thirty years imprisonment. This section is similar to H.R. 4477, the ‘‘Sex Tourism Prohibition Improvement Act of 2002,’’ which passed the House 418–8 on 

June 26, 2002. 

Sec. 106. Two strikes. 

This section would establish a mandatory sentence of life imprisonment for twice-convicted child sex offenders. This section amends 

18 U.S.C. § 3559 to provide for a mandatory minimum sentence of 

life imprisonment for any person convicted of a ‘‘Federal sex offense’’ if they had previously been convicted of a similar offense 

under either Federal or state law. The legislation defines Federal 

sex offense to include offenses committed against a person under 

the age of 17 and involving the crimes of sexual abuse, aggravated 

sexual abuse, abusive sexual contact, sexual exploitation of children, coercion and enticement of a minor into prostitution, 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. 

Sec. 107. Attempt liability for international parental kidnapping. 

This section Facilitates intervention and prevention of international parental kidnapping by adding attempt liability to 18 

U.S.C. § 1204, the statute defining that offense. This change is 

needed to facilitate effective intervention and prevention of parental kidnappings of children before they are removed from the 

United States. The current absence of attempt liability has created 

difficulties in cases in progress where the abducting parent is on 

the way out of the country, but is still transiting in the United 

States. In those cases, the FBI now has very limited ability to beVerDate Dec 13 2002 23:52 Mar 24, 2003 Jkt 019006 PO 00000 Frm 00017 Fmt 6659 Sfmt 6601 E:\HR\OC\HR47P1.XXX HR47P1
18

come involved and prevent the abduction from becoming an international occurrence. 

TITLE II—EFFECTIVE INVESTIGATION AND PROSECUTION

SUBTITLE A—LAW ENFORCEMENT TOOLS TO PROTECT CHILDREN

Sec. 201. Interceptions of communications in investigations of sex offenses. 

This section would add four new wiretap predicates under 18 

U.S.C.§ 2516 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, 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. § 3282. There are some exceptions to this limitation—see, e.g., 18 U.S.C. § 3281 (no limitation period for capital 

crimes); 18 U.S.C. § 3293 (ten-year limitation period for certain financial institution offenses); 18 U.S.C. § 3294 (twenty-year limitation period for certain thefts of artwork). There are some exceptions 

to the general statute of limitation 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. § 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 rebuttable presumption that child rapists 

and kidnappers should not get pre-trial release. Under current law, 

a defendant may be detained before trial if the government establishes by clear and convincing evidence that no release conditions 

will reasonably assure the appearance of the person and the safety 

of others. Current law also provides rebuttable presumptions that 

the standard for pretrial detention is satisfied in certain circumstances. For example, such a presumption exists if the court 

finds probable cause to believe that the defendant committed a 

drug offense punishable by imprisonment for 10 years or more, or 

that the person committed a crime of violence or drug trafficking 

crime while armed with a firearm, in violation of 18 U.S.C. § 924(c). 

19

See 18 U.S.C. § 3142(e). Thus, existing law creates a presumption 

that, for example, an armed robber charged under 18 U.S.C. 

§ 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 to Crime Control Act of 1990. 

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. 

TITLE III—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 the public to ignore 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 2004 for the 

Secretary of Transportation to make grants to States for the development or enhancement of notification or communications systems 

along highways for alerts and other information for the recovery of 

abducted children. 

20

Sec. 304. Grant program for support of AMBER Alert communications plans. 

This section authorizes $5,000,000 for fiscal year 2004 for the Attorney General to administer a grant program for the development 

and enhancement of programs and activities for the support of 

AMBER Alert communication plans. 

Sec. 305. Increased support for the National Center for Missing and 

Exploited Children. 

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 2005. (Amends 42 

U.S.C. 5773(b)(2)).

Sec. 306. Sex offender apprehension program. 

This section 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. 

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 

* * * * * * *

§ 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 

21

effect the death of any human being other than him who is killed, 

is murder in the first 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 

* * * * * * *

§ 1201. Kidnapping 

(a) * * *

* * * * * * *

(g) SPECIAL RULE FOR CERTAIN OFFENSES INVOLVING CHIL- DREN.— (1) TO WHOM APPLICABLE.—If— (A) * * *

* * * * * * *

the sentence under this section for such offense øshall be subject to paragraph (2) of this subsection. 

ø(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 

22

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.

* * * * * * *

§ 1204. International parental kidnapping 

(a) Whoever removes a child from the United States, or attempts to do so, or retains a child (who has been in the United 

States) outside the United States with intent to obstruct the lawful 

exercise of parental rights shall be fined under this title or imprisoned not more than 3 years, or both. 

* * * * * * *

(c) It shall be an affirmative defense under this section that—

(1) the defendant acted within the provisions of a valid 

court order granting the defendant legal custody or visitation 

rights and that order was obtained pursuant to the Uniform 

Child Custody Jurisdiction Act or the Uniform Child Custody 

Jurisdiction and Enforcement Act and was in effect at the time 

of the offense; 

(2) the defendant was fleeing an incidence or pattern of domestic violence; or

* * * * * * *

CHAPTER 77—PEONAGE AND SLAVERY 

* * * * * * *

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

(a) * * *

(b) The punishment for an offense under subsection (a) is—

(1) * * *

(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 ø20¿ 40 years, or 

both. 

* * * * * * *

CHAPTER 109A—SEXUAL ABUSE 

* * * * * * *

§ 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. 

* * * * * * *

23

CHAPTER 110—SEXUAL EXPLOITATION AND OTHER 

ABUSE OF CHILDREN 

* * * * * * *

§ 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 øor imprisoned 

not less than 10¿ and imprisoned not less than 15 years nor more 

than ø20¿ 30 years, øand 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 ø15¿ 25 years nor more than ø30¿ 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 ø30¿ 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. 

§ 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 ø20¿ 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 ø20¿ 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. 

§ 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 øor imprisoned¿ and imprisoned not less than 10 years and

not more than ø15¿ 20 years, øor 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, 

24

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 ø5¿ 15

years nor more than ø30¿ 40 years. 

(2) Whoever violates, or attempts or conspires to violate, 

paragraph (4) of subsection (a) shall be fined under this title øor 

imprisoned¿ and imprisoned not less than 5 years and not more 

than ø5¿ 10 years, øor 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 ø2¿ 10 years 

nor more than ø10¿ 20 years. 

§ 2252A. Certain activities relating to material constituting 

or containing child pornography 

(a) * * *

(b)(1) Whoever violates, or attempts or conspires to violate, 

paragraph (1), (2), (3), or (4) of subsection (a) shall be fined under 

this title øor imprisoned¿ and imprisoned not less than 10 years 

and not more than ø15¿ 20 years, øor 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 ø5¿ 15 years nor more than ø30¿ 40 years. 

(2) Whoever violates, or attempts or conspires to violate, subsection (a)(5) shall be fined under this title øor imprisoned¿ and 

imprisoned not less than 5 years and not more than ø5¿ 10 years, 

øor 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 ø2¿ 10 years nor more than 

ø10¿ 20 years. 

* * * * * * *

CHAPTER 117—TRANSPORTATION FOR ILLEGAL 

SEXUAL ACTIVITY AND RELATED CRIMES 

* * * * * * *

§ 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 

25

under this title øor imprisoned¿ and imprisoned not less than 2 

years and not more than ø10¿ 20 yearsø, or both¿. (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 titleø, imprisoned¿ and 

imprisoned not less than 5 years and not more than ø15¿ 30

yearsø, or both¿. 

§ 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, øor attempts to do so,¿ shall be 

fined under this titleø, imprisoned¿ and imprisoned not less than 

5 years and not more than ø15¿ 30 yearsø, or both¿. ø(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, or both.¿

(b) TRAVEL WITH INTENT TO ENGAGE IN ILLICIT SEXUAL CON- DUCT.—A person who travels in interstate commerce or travels into 

the United States, or a United States citizen or an alien admitted 

for permanent residence in the United States who travels in foreign 

commerce, for the purpose of engaging in any illicit sexual conduct 

with another person shall be fined under this title or imprisoned not 

more than 30 years, or both. 

(c) ENGAGING IN ILLICIT SEXUAL CONDUCT IN FOREIGN

PLACES.—Any United States citizen or alien admitted for permanent 

residence who travels in foreign commerce, and engages in any illicit sexual conduct with another person shall be fined under this 

title or imprisoned not more than 30 years, or both. 

(d) ANCILLARY OFFENSES.—Whoever arranges, induces, procures, or facilitates the travel of a person knowing that such a person is traveling in interstate commerce or foreign commerce for the 

purpose of engaging in illicit sexual conduct shall be fined under 

this title, imprisoned not more than 30 years, or both. 

(e) ATTEMPT AND CONSPIRACY.—Whoever attempts or conspires 

to violate subsection (a), (b), (c), or (d) shall be punishable in the 

same manner as a completed violation of that subsection. 

(f) DEFINITION.—As used in this section, the term ‘‘illicit sexual 

conduct’’ means (1) a sexual act (as defined in section 2246) with 

a person that would be in violation of chapter 109A if the sexual 

26

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.

* * * * * * *

§ 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 

* * * * * * *

§ 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), 

27

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), 

1591 (sex trafficking), 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 ø2251 and 2252 

(sexual exploitation of children)¿ 2251, 2251A, 2252, 2252A, 

and 2260 (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 1203 (relating to hostage taking), 

sections 2421, 2422, 2423, and 2425 (transportation for illegal 

sexual activity and related crimes), 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 (relatVerDate Dec 13 2002 23:52 Mar 24, 2003 Jkt 019006 PO 00000 Frm 00027 Fmt 6659 Sfmt 6601 E:\HR\OC\HR47P1.XXX HR47P1
28

ing 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); 

øor¿

(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

ø(r)¿ (s) any conspiracy to commit any offense described in 

any subparagraph of this paragraph. 

* * * * * * *

PART II—CRIMINAL PROCEDURE 

* * * * * * *

CHAPTER 207—RELEASE AND DETENTION PENDING 

JUDICIAL PROCEEDINGS 

* * * * * * *

§ 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 MariVerDate Dec 13 2002 23:52 Mar 24, 2003 Jkt 019006 PO 00000 Frm 00028 Fmt 6659 Sfmt 6601 E:\HR\OC\HR47P1.XXX HR47P1
29

time Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.), or 

an offense under section 924(c), 956(a), øor 2332b¿ 1201, 1591, 

2241, 2242, 2244(a)(1), 2242(a)(2), 2251, 2251A, 2252, 2252A, 2260, 

2332b, 2421, 2422, 2423, or 2425 of title 18 of the United States 

Code. 

* * * * * * *

CHAPTER 213—LIMITATIONS

Sec. 

3281. Capital offenses. 

* * * * * * *

3297. Child abduction and sex offenses.

* * * * * * *

§ 3297. 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 section 1591, 2241, 2242, 2244(a)(1), 2244(a)(2), 

2251, 2251A, 2252, 2252A, 2260, 2421, 2422, 2423, or 2425.

* * * * * * *

CHAPTER 227—SENTENCES 

* * * * * * *

SUBCHAPTER A—GENERAL PROVISIONS 

* * * * * * *

§ 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), 

2244(a)(1) or (2) (relating to abusive sexual contact), 

2245 (relating to sexual abuse resulting in death), 2251 

(relating to sexual exploitation of children), 2251A (relating to selling or buying of children), or 2422(b) (relating to coercion and enticement of a minor into prostitution); or 

(ii) an offense under section 2423(a) (relating to 

transportation of minors) involving prostitution or sexual activity constituting a State sex offense; 

30

(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 

* * * * * * *

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

(a) * * *

* * * * * * *

(e) MODIFICATION OF CONDITIONS OR REVOCATION.—The court 

may, after considering the factors set forth in section 3553(a)(1), 

(a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7)—

(1) * * *

* * * * * * *

(3) revoke a term of supervised release, and require the defendant to serve in prison all or part of the term of supervised 

release authorized by statute for the offense that resulted in 

such term of supervised release without credit for time previously served on postrelease supervision, if the court, pursuant to the Federal Rules of Criminal Procedure applicable to 

revocation of probation or supervised release, finds by a preponderance of the evidence that the defendant violated a condition of supervised release, except that a defendant whose term 

is revoked under this paragraph may not be required to serve 

on any such revocation more than 5 years in prison if the offense that resulted in the term of supervised release is a class 

A felony, more than 3 years in prison if such offense is a class 

B felony, more than 2 years in prison if such offense is a class 

C or D felony, or more than one year in any other case; or 

* * * * * * *

31

(h) SUPERVISED RELEASE FOLLOWING REVOCATION.—When a 

term of supervised release is revoked and the defendant is required 

to serve a term of imprisonment øthat is less than the maximum 

term of imprisonment authorized under subsection (e)(3)¿, the 

court may include a requirement that the defendant be placed on 

a term of supervised release after imprisonment. The length of 

such a term of supervised release shall not exceed the term of supervised release authorized by statute for the offense that resulted 

in the original term of supervised release, less any term of imprisonment that was imposed upon revocation of supervised release. 

* * * * * * *

(k) Notwithstanding subsection (b), the authorized term of supervised release for any offense under section 1201 involving a 

minor victim, and for any offense under section 1591, 2241, 2242, 

2244(a)(1), 2244(a)(2), 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, 

2423, or 2425, is any term of years or life, and the sentence for any 

such offense that is a felony shall include a term of supervised release of at least 5 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 ø18¿ 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 $20,000,000 for each of fiscal years 2004 

and 2005. 

* * * * * * *

32

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;

ø(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 

ø(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. 

* * * * * * *

33

COMMITTEE JURISDICTION LETTERS


Boehner1.eps
34


Boehner2.eps
35


Chair1.eps
36


Young.eps
37


Chair.eps
38

MARKUP TRANSCRIPT

BUSINESS MEETING 

WEDNESDAY, MARCH 18, 2003

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON THE JUDICIARY, 

Washington, DC. 

The Committee met, pursuant to notice, at 2:05 p.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. The 

first item on the agenda is the adoption of H.R. 1104, the ‘‘Child 

Abduction Prevention Act.’’

The Chair recognizes the gentleman from North Carolina, Mr. 

Coble, Chairman of the Subcommittee on Crime, Terrorism and 

Homeland Security. 

Mr. COBLE. Mr. Chairman, the Subcommittee on Crime, Terrorism and Homeland Security reports in favor of the bill 1104 and 

moves its favorable consideration to the full House. 

Chairman SENSENBRENNER. Without objection, H.R. 1104 will be 

considered as read and open for amendment at any point. 

[The bill, H.R. 1104, follows:]

39

I

108TH CONGRESS

1ST SESSION H. R. 1104

To prevent child abduction, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 5, 2003

Mr. SENSENBRENNER (for himself, Mr. SMITH of Texas, Mr. CHABOT, Mr.

GREEN of Wisconsin, Mr. HYDE, and Mr. COBLE) introduced the following bill; which was referred to the Committee on the Judiciary, and

in addition to the Committees on Transportation and Infrastructure and

Education and the Workforce, for a period to be subsequently determined

by the Speaker, in each case for consideration of such provisions as fall

within the jurisdiction of the committee concerned

A BILL

To prevent child abduction, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Child Abduction Pre5 vention Act’’.


I1104.AAB
40

2

•HR 1104 IH

1 TITLE I—SANCTIONS AND

2 OFFENSES

3 SEC. 101. SUPERVISED RELEASE TERM FOR SEX OFFEND4 ERS.

5 Section 3583 of title 18, United States Code, is

6 amended—

7 (1) in subsection (e)(3), by inserting ‘‘on any

8 such revocation’’ after ‘‘required to serve’’;

9 (2) in subsection (h), by striking ‘‘that is less

10 than the maximum term of imprisonment authorized

11 under subsection (e)(3)’’; and

12 (3) by adding at the end the following:

13 ‘‘(k) Notwithstanding subsection (b), the authorized

14 term of supervised release for any offense under section

15 1201 involving a minor victim, and for any offense under

16 chapter 109A, 110, or 117, or section 1591, is any term

17 of years or life, and the sentence for any such offense that

18 is a felony shall include a term of supervised release of

19 at least 5 years.’’.

20 SEC. 102. FIRST DEGREE MURDER FOR CHILD ABUSE AND

21 CHILD TORTURE MURDERS.

22 Section 1111 of title 18, United States Code, is

23 amended—

24 (1) in subsection (a)—


I1104.AAC
41

3

•HR 1104 IH

1 (A) by inserting ‘‘child abuse,’’ after ‘‘sex2 ual abuse,’’; and

3 (B) by inserting ‘‘or perpetrated as part of

4 a pattern or practice of assault or torture

5 against a child or children;’’ after ‘‘robbery;’’;

6 and

7 (2) by inserting at the end the following:

8 ‘‘(c) For purposes of this section—

9 ‘‘(1) the term ‘assault’ has the same meaning

10 as given that term in section 113;

11 ‘‘(2) the term ‘child’ means a person who has

12 not attained the age of 18 years and is—

13 ‘‘(A) under the perpetrator’s care or con14 trol; or

15 ‘‘(B) at least six years younger than the

16 perpetrator;

17 ‘‘(3) the term ‘child abuse’ means intentionally,

18 knowingly, or recklessly causing death or serious

19 bodily injury to a child;

20 ‘‘(4) the term ‘pattern or practice of assault or

21 torture’ means assault or torture engaged in on at

22 least two occasions;

23 ‘‘(5) the term ‘recklessly’ with respect to caus24 ing death or serious bodily injury—


I1104.AAD
42

4

•HR 1104 IH

1 ‘‘(A) means causing death or serious bodily

2 injury under circumstances in which the perpe3 trator is aware of and disregards a grave risk

4 of death or serious bodily injury; and

5 ‘‘(B) such recklessness can be inferred

6 from the character, manner, and circumstances

7 of the perpetrator’s conduct;

8 ‘‘(6) the term ‘serious bodily injury’ has the

9 meaning set forth in section 1365; and

10 ‘‘(7) the term ‘torture’ means conduct, whether

11 or not committed under the color of law, that other12 wise satisfies the definition set forth in section

13 2340(1).’’.

14 SEC. 103. SEXUAL ABUSE PENALTIES.

15 (a) MAXIMUM PENALTY INCREASES.—(1) Chapter

16 110 of title 18, United States Code, is amended—

17 (A) in section 2251(d)—

18 (i) by striking ‘‘20’’ and inserting ‘‘30’’;

19 and

20 (ii) by striking ‘‘30’’ the first place it ap21 pears and inserting ‘‘50’’;

22 (B) in section 2252(b)(1)—

23 (i) by striking ‘‘15’’ and inserting ‘‘20’’;

24 and

25 (ii) by striking ‘‘30’’ and inserting ‘‘40’’;


I1104.AAE
43

5

•HR 1104 IH

1 (C) in section 2252(b)(2)—

2 (i) by striking ‘‘5’’ and inserting ‘‘10’’; and

3 (ii) by striking ‘‘10’’ and inserting ‘‘20’’;

4 (D) in section 2252A(b)(1)—

5 (i) by striking ‘‘15’’ and inserting ‘‘20’’;

6 and

7 (ii) by striking ‘‘30’’ and inserting ‘‘40’’;

8 and

9 (E) in section 2252A(b)(2)—

10 (i) by striking ‘‘5’’ and inserting ‘‘10’’; and

11 (ii) by striking ‘‘10’’ and inserting ‘‘20’’.

12 (2) Chapter 117 of title 18, United States Code, is

13 amended—

14 (A) in section 2422(a), by striking ‘‘10’’ and in15 serting ‘‘20’’;

16 (B) in section 2422(b), by striking ‘‘15’’ and

17 inserting ‘‘30’’; and

18 (C) in section 2423(a), by striking ‘‘15’’ and in19 serting ‘‘30’’.

20 (3) Section 1591(b)(2) of title 18, United States

21 Code, is amended by striking ‘‘20’’ and inserting ‘‘40’’.

22 (b) MINIMUM PENALTY INCREASES.—(1) Chapter

23 110 of title 18, United States Code, is amended—

24 (A) in section 2251(d)—


I1104.AAF
44

6

•HR 1104 IH

1 (i) by striking ‘‘or imprisoned not less than

2 10’’ and inserting ‘‘and imprisoned not less

3 than 15’’;

4 (ii) by striking ‘‘and both,’’;

5 (iii) by striking ‘‘15’’ and inserting ‘‘25’’;

6 and

7 (iv) by striking ‘‘30’’ the second place it

8 appears and inserting ‘‘35’’;

9 (B) in section 2251A(a) and (b), by striking

10 ‘‘20’’ and inserting ‘‘30’’;

11 (C) in section 2252(b)(1)—

12 (i) by striking ‘‘or imprisoned’’ and insert13 ing ‘‘and imprisoned not less than 10 years

14 and’’;

15 (ii) by striking ‘‘or both,’’; and

16 (iii) by striking ‘‘5’’ and inserting ‘‘15’’;

17 (D) in section 2252(b)(2)—

18 (i) by striking ‘‘or imprisoned’’ and insert19 ing ‘‘and imprisoned not less than 5 years

20 and’’;

21 (ii) by striking ‘‘or both,’’; and

22 (iii) by striking ‘‘2’’ and inserting ‘‘10’’;

23 (E) in section 2252A(b)(1)—


I1104.AAG
45

7

•HR 1104 IH

1 (i) by striking ‘‘or imprisoned’’ and insert2 ing ‘‘and imprisoned not less than 10 years

3 and’’;

4 (ii) by striking ‘‘or both,’’; and

5 (iii) by striking ‘‘5’’ and inserting ‘‘15’’;

6 and

7 (F) in section 2252A(b)(2)—

8 (i) by striking ‘‘or imprisoned’’ and insert9 ing ‘‘and imprisoned not less than 5 years

10 and’’;

11 (ii) by striking ‘‘or both,’’; and

12 (iii) by striking ‘‘2’’ and inserting ‘‘10’’.

13 (2) Chapter 117 of title 18, United States Code, is

14 amended—

15 (A) in section 2422(a)—

16 (i) by striking ‘‘or imprisoned’’ and insert17 ing ‘‘and imprisoned not less than 2 years

18 and’’; and

19 (ii) by striking ‘‘, or both’’;

20 (B) in section 2422(b)—

21 (i) by striking ‘‘, imprisoned’’ and inserting

22 ‘‘and imprisoned not less than 5 years and’’;

23 and

24 (ii) by striking ‘‘, or both’’; and

25 (C) in section 2423(a)—


I1104.AAH
46

8

•HR 1104 IH

1 (i) by striking ‘‘, imprisoned’’ and inserting

2 ‘‘and imprisoned not less than 5 years and’’;

3 and

4 (ii) by striking ‘‘, or both’’.

5 SEC. 104. STRONGER PENALTIES AGAINST KIDNAPPING.

6 (a) SENTENCING GUIDELINES.—Notwithstanding

7 any other provision of law regarding the amendment of

8 Sentencing Guidelines, the United States Sentencing

9 Commission is directed to amend the Sentencing Guide10 lines, to take effect on the date that is 30 days after the

11 date of the enactment of this Act—

12 (1) so that the base level for kidnapping in sec13 tion 2A4.1(a) is increased from level 24 to level 32

14 (121–151 months);

15 (2) so as to delete section 2A4.1(b)(4)(C); and

16 (3) so that the increase provided by section

17 2A4.1(b)(5) is 6 levels instead of 3.

18 (b) MINIMUM MANDATORY SENTENCE.—Section

19 1201(g) of title 18, United States Code, is amended by

20 striking ‘‘shall be subject to paragraph (2)’’ in paragraph

21 (1) and all that follows through paragraph (2) and insert22 ing ‘‘shall include imprisonment for not less than 20

23 years.’’.


I1104.AAI
47

9

•HR 1104 IH

1 SEC. 105. PENALTIES AGAINST SEX TOURISM.

2 (a) IN GENERAL.—Section 2423 of title 18, United

3 States Code, is amended by striking subsection (b) and

4 inserting the following:

5 ‘‘(b) TRAVEL WITH INTENT TO ENGAGE IN ILLICIT

6 SEXUAL CONDUCT.—A person who travels in interstate

7 commerce or travels into the United States, or a United

8 States citizen or an alien admitted for permanent resi9 dence in the United States who travels in foreign com10 merce, for the purpose of engaging in any illicit sexual

11 conduct with another person shall be fined under this title

12 or imprisoned not more than 30 years, or both.

13 ‘‘(c) ENGAGING IN ILLICIT SEXUAL CONDUCT IN

14 FOREIGN PLACES.—Any United States citizen or alien ad15 mitted for permanent residence who travels in foreign

16 commerce, and engages in any illicit sexual conduct with

17 another person shall be fined under this title or imprisoned

18 not more than 30 years, or both.

19 ‘‘(d) ANCILLARY OFFENSES.—Whoever arranges, in20 duces, procures, or facilitates the travel of a person know21 ing that such a person is traveling in interstate commerce

22 or foreign commerce for the purpose of engaging in illicit

23 sexual conduct shall be fined under this title, imprisoned

24 not more than 30 years, or both.

25 ‘‘(e) ATTEMPT AND CONSPIRACY.—Whoever at26 tempts or conspires to violate subsection (a), (b), (c), or


I1104.AAJ
48

10

•HR 1104 IH

1 (d) shall be punishable in the same manner as a completed

2 violation of that subsection.

3 ‘‘(f) DEFINITION.—As used in this section, the term

4 ‘illicit sexual conduct’ means (1) a sexual act (as defined

5 in section 2246) with a person that would be in violation

6 of chapter 109A if the sexual act occurred in the special

7 maritime and territorial jurisdiction of the United States;

8 or (2) any commercial sex act (as defined in section 1591)

9 with a person who has not attained the age of 18 years.

10 ‘‘(g) DEFENSE.—In a prosecution under this section

11 based on illicit sexual conduct as defined in subsection

12 (f)(2), it is a defense, which the defendant must establish

13 by a preponderance of the evidence, that the defendant

14 reasonably believed that the person with whom the defend15 ant engaged in the commercial sex act had attained the

16 age of 18 years.’’.

17 (b) CONFORMING AMENDMENT.—Section 2423(a) of

18 title 18, United States Code, is amended by striking ‘‘or

19 attempts to do so,’’.

20 SEC. 106. TWO STRIKES YOU’RE OUT.

21 (a) IN GENERAL.—Section 3559 of title 18, United

22 States Code, is amended by adding at the end the fol23 lowing new subsection:

24 ‘‘(e) MANDATORY LIFE IMPRISONMENT FOR RE25 PEATED SEX OFFENSES AGAINST CHILDREN.—


I1104.AAK
49

11

•HR 1104 IH

1 ‘‘(1) IN GENERAL.—A person who is convicted

2 of a Federal sex offense in which a minor is the vic3 tim shall be sentenced to life imprisonment if the

4 person has a prior sex conviction in which a minor

5 was the victim, unless the sentence of death is im6 posed.

7 ‘‘(2) DEFINITIONS.—For the purposes of this

8 subsection—

9 ‘‘(A) the term ‘Federal sex offense’

10 means—

11 ‘‘(i) an offense under section 2241

12 (relating to aggravated sexual abuse),

13 2242 (relating to sexual abuse), 2243(a)

14 (relating to sexual abuse of a minor),

15 2244(a)(1) or (2) (relating to abusive sex16 ual contact), 2245 (relating to sexual

17 abuse resulting in death), or 2251A (relat18 ing to selling or buying of children); or

19 ‘‘(ii) an offense under section 2423(a)

20 (relating to transportation of minors) in21 volving prostitution or sexual activity con22 stituting a State sex offense;

23 ‘‘(B) the term ‘State sex offense’ means an

24 offense under State law that consists of conduct

25 that would be a Federal sex offense if, to the


I1104.AAL
50

12

•HR 1104 IH

1 extent or in the manner specified in the applica2 ble provision of this title—

3 ‘‘(i) the offense involved interstate or

4 foreign commerce, or the use of the mails;

5 or

6 ‘‘(ii) the conduct occurred in any com7 monwealth, territory, or possession of the

8 United States, within the special maritime

9 and territorial jurisdiction of the United

10 States, in a Federal prison, on any land or

11 building owned by, leased to, or otherwise

12 used by or under the control of the Gov13 ernment of the United States, or in the In14 dian country (as defined in section 1151);

15 ‘‘(C) the term ‘prior sex conviction’ means

16 a conviction for which the sentence was imposed

17 before the conduct occurred constituting the

18 subsequent Federal sex offense, and which was

19 for a Federal sex offense or a State sex offense;

20 ‘‘(D) the term ‘minor’ means an individual

21 who has not attained the age of 17 years; and

22 ‘‘(E) the term ‘State’ has the meaning

23 given that term in subsection (c)(2).’’.

24 (b) CONFORMING AMENDMENT.—Sections 2247(a)

25 and 2426(a) of title 18, United States Code, are each


I1104.AAM
51

13

•HR 1104 IH

1 amended by inserting ‘‘, unless section 3559(e) applies’’

2 before the final period.

3 SEC. 107. ATTEMPT LIABILITY FOR INTERNATIONAL PA4 RENTAL KIDNAPPING.

5 Section 1204 of title 18, United States Code, is

6 amended—

7 (1) in subsection (a), by inserting ‘‘, or at8 tempts to do so,’’ before ‘‘or retains’’; and

9 (2) in subsection (c)—

10 (A) in paragraph (1), by inserting ‘‘or the

11 Uniform Child Custody Jurisdiction and En12 forcement Act’’ before ‘‘and was’’; and

13 (B) in paragraph (2), by inserting ‘‘or’’

14 after the semicolon.

15 TITLE II—INVESTIGATIONS AND

16 PROSECUTIONS

17 Subtitle A—Law Enforcement Tools

18 To Protect Children

19 SEC. 201. INTERCEPTIONS OF COMMUNICATIONS IN INVES20 TIGATIONS OF SEX OFFENSES.

21 (a) IN GENERAL.—Section 2516(1) of title 18,

22 United States Code, is amended—

23 (1) in paragraph (a), by inserting after ‘‘chap24 ter 37 (relating to espionage),’’ the following: ‘‘chap25 ter 55 (relating to kidnapping),’’; and


I1104.AAN
52

14

•HR 1104 IH

1 (2) in paragraph (c)—

2 (A) by inserting ‘‘1591 (sex trafficking),’’

3 before ‘‘section 1751’’;

4 (B) by striking ‘‘2251 and 2252 (sexual

5 exploitation of children)’’ and inserting ‘‘2251,

6 2251A, 2252, 2252A, and 2260 (sexual exploi7 tation of children)’’; and

8 (C) by inserting ‘‘sections 2421, 2422,

9 2423, and 2425 (transportation for illegal sex10 ual activity and related crimes)’’ before ‘‘section

11 1029’’.

12 (b) TRANSPORTATION FOR ILLEGAL SEXUAL ACTIV13 ITY.—Section 2516(1) of title 18, United States Code, is

14 amended—

15 (1) by striking ‘‘or’’ at the end of paragraph

16 (q);

17 (2) by inserting after paragraph (q) the fol18 lowing:

19 ‘‘(r) a violation of section 2422 (relating to co20 ercion and enticement) and section 2423(a) (relating

21 to transportation of minors) of this title, if, in con22 nection with that violation, the intended sexual activ23 ity would constitute a felony violation of chapter

24 109A or 110, including a felony violation of chapter

25 109A or 110 if the sexual activity occurred, or was


I1104.AAO
53

15

•HR 1104 IH

1 intended to occur, within the special maritime and

2 territorial jurisdiction of the United States, regard3 less of where it actually occurred or was intended to

4 occur; or’’; and

5 (3) by redesignating paragraph (r) as para6 graph (s).

7 SEC. 202. NO STATUTE OF LIMITATIONS FOR CHILD ABDUC8 TION AND SEX CRIMES.

9 (a) IN GENERAL.—(1) Chapter 213 of title 18,

10 United States Code, is amended by adding at the end the

11 following new section:

12 ‘‘§ 3296. Child abduction and sex offenses

13 ‘‘Notwithstanding any other provision of law, an in14 dictment may be found or an information instituted at any

15 time without limitation for any offense under section 1201

16 involving a minor victim, and for any felony under chapter

17 109A, 110, or 117, or section 1591.’’.

18 (2) The table of sections at the beginning of such

19 chapter is amended by adding at the end the following

20 new item:

‘‘3296. Child abduction and sex offenses.’’.

21 (b) APPLICATION.—The amendments made by this

22 section shall apply to the prosecution of any offense com23 mitted before, on, or after the date of the enactment of

24 this section.


I1104.AAP
54

16

•HR 1104 IH

1 Subtitle B—No Pretrial Release for

2 Those Who Rape or Kidnap

3 Children

4 SEC. 221. NO PRETRIAL RELEASE FOR THOSE WHO RAPE

5 OR KIDNAP CHILDREN.

6 Section 3142(e) of title 18, United States Code, is

7 amended—

8 (1) by inserting ‘‘1201 (if the victim has not at9 tained the age of 18 years), 1591 (if the victim has

10 not attained the age of 18 years),’’ before ‘‘or

11 2332b’’; and

12 (2) by striking ‘‘of title 18 of the United States

13 Code’’ and inserting ‘‘or a felony offense under

14 chapter 109A, 110, or 117 where a victim has not

15 attained the age of 18 years’’.

16 Subtitle C—No Waiting Period To

17 Report Missing Children

18 ‘‘Suzanne’s Law’’

19 SEC. 241. AMENDMENT.

20 Section 3701(a) of the Crime Control Act of 1990

21 (42 U.S.C. 5779(a)) is amended by striking ‘‘age of 18’’

22 and inserting ‘‘age of 21’’.


I1104.AAQ
55

17

•HR 1104 IH

1 TITLE III—PUBLIC OUTREACH

2 SEC. 301. NATIONAL COORDINATION OF AMBER ALERT

3 COMMUNICATIONS NETWORK.

4 (a) COORDINATION WITHIN DEPARTMENT OF JUS5 TICE.—The Attorney General shall assign an officer of the

6 Department of Justice to act as the national coordinator

7 of the AMBER Alert communications network regarding

8 abducted children. The officer so designated shall be

9 known as the AMBER Alert Coordinator of the Depart10 ment of Justice.

11 (b) DUTIES.—In acting as the national coordinator

12 of the AMBER Alert communications network, the Coor13 dinator shall—

14 (1) seek to eliminate gaps in the network, in15 cluding gaps in areas of interstate travel;

16 (2) work with States to encourage the develop17 ment of additional elements (known as local

18 AMBER plans) in the network;

19 (3) work with States to ensure appropriate re20 gional coordination of various elements of the net21 work; and

22 (4) act as the nationwide point of contact for—

23 (A) the development of the network; and

24 (B) regional coordination of alerts on ab25 ducted children through the network.


I1104.AAR
56

18

•HR 1104 IH

1 (c) CONSULTATION WITH FEDERAL BUREAU OF IN2 VESTIGATION.—In carrying out duties under subsection

3 (b), the Coordinator shall notify and consult with the Di4 rector of the Federal Bureau of Investigation concerning

5 each child abduction for which an alert is issued through

6 the AMBER Alert communications network.

7 (d) COOPERATION.—The Coordinator shall cooperate

8 with the Secretary of Transportation and the Federal

9 Communications Commission in carrying out activities

10 under this section.

11 SEC. 302. MINIMUM STANDARDS FOR ISSUANCE AND DIS12 SEMINATION OF ALERTS THROUGH AMBER

13 ALERT COMMUNICATIONS NETWORK.

14 (a) ESTABLISHMENT OF MINIMUM STANDARDS.—

15 Subject to subsection (b), the AMBER Alert Coordinator

16 of the Department of Justice shall establish minimum

17 standards for—

18 (1) the issuance of alerts through the AMBER

19 Alert communications network; and

20 (2) the extent of the dissemination of alerts

21 issued through the network.

22 (b) LIMITATIONS.—(1) The minimum standards es23 tablished under subsection (a) shall be adoptable on a vol24 untary basis only.


I1104.AAS
57

19

•HR 1104 IH

1 (2) The minimum standards shall, to the maximum

2 extent practicable (as determined by the Coordinator in

3 consultation with State and local law enforcement agen4 cies), provide that the dissemination of an alert through

5 the AMBER Alert communications network be limited to

6 the geographic areas most likely to facilitate the recovery

7 of the abducted child concerned.

8 (3) In carrying out activities under subsection (a),

9 the Coordinator may not interfere with the current system

10 of voluntary coordination between local broadcasters and

11 State and local law enforcement agencies for purposes of

12 the AMBER Alert communications network.

13 (c) COOPERATION.—(1) The Coordinator shall co14 operate with the Secretary of Transportation and the Fed15 eral Communications Commission in carrying out activi16 ties under this section.

17 (2) The Coordinator shall also cooperate with local

18 broadcasters and State and local law enforcement agencies

19 in establishing minimum standards under this section.

20 SEC. 303. GRANT PROGRAM FOR NOTIFICATION AND COM21 MUNICATIONS SYSTEMS ALONG HIGHWAYS

22 FOR RECOVERY OF ABDUCTED CHILDREN.

23 (a) PROGRAM REQUIRED.—The Secretary of Trans24 portation shall carry out a program to provide grants to

25 States for the development or enhancement of notification


I1104.AAT
58

20

•HR 1104 IH

1 or communications systems along highways for alerts and

2 other information for the recovery of abducted children.

3 (b) ACTIVITIES.—Activities funded by grants under

4 the program under subsection (a) may include—

5 (1) the development or enhancement of elec6 tronic message boards along highways and the place7 ment of additional signage along highways; and

8 (2) the development or enhancement of other

9 means of disseminating along highways alerts and

10 other information for the recovery of abducted chil11 dren.

12 (c) FEDERAL SHARE.—The Federal share of the cost

13 of any activities funded by a grant under the program

14 under subsection (a) may not exceed 50 percent.

15 (d) DISTRIBUTION OF GRANT AMOUNTS ON GEO16 GRAPHIC BASIS.—The Secretary shall, to the maximum

17 extent practicable, ensure the distribution of grants under

18 the program under subsection (a) on an equitable basis

19 throughout the various regions of the United States.

20 (e) ADMINISTRATION.—The Secretary shall prescribe

21 requirements, including application requirements, for

22 grants under the program under subsection (a).

23 (f) AUTHORIZATION OF APPROPRIATIONS.—(1)

24 There is authorized to be appropriated for the Department


I1104.AAU
59

21

•HR 1104 IH

1 of Transportation $20,000,000 for fiscal year 2003 to

2 carry out this section.

3 (2) Amounts appropriated pursuant to the authoriza4 tion of appropriations in paragraph (1) shall remain avail5 able until expended.

6 SEC. 304. GRANT PROGRAM FOR SUPPORT OF AMBER

7 ALERT COMMUNICATIONS PLANS.

8 (a) PROGRAM REQUIRED.—The Attorney General

9 shall carry out a program to provide grants to States for

10 the development or enhancement of programs and activi11 ties for the support of AMBER Alert communications

12 plans.

13 (b) ACTIVITIES.—Activities funded by grants under

14 the program under subsection (a) may include—

15 (1) the development and implementation of edu16 cation and training programs, and associated mate17 rials, relating to AMBER Alert communications

18 plans;

19 (2) the development and implementation of law

20 enforcement programs, and associated equipment,

21 relating to AMBER Alert communications plans;

22 and

23 (3) such other activities as the Attorney Gen24 eral considers appropriate for supporting the

25 AMBER Alert communications program.


I1104.AAV
60

22

•HR 1104 IH

1 (c) FEDERAL SHARE.—The Federal share of the cost

2 of any activities funded by a grant under the program

3 under subsection (a) may not exceed 50 percent.

4 (d) DISTRIBUTION OF GRANT AMOUNTS ON GEO5 GRAPHIC BASIS.—The Attorney General shall, to the max6 imum extent practicable, ensure the distribution of grants

7 under the program under subsection (a) on an equitable

8 basis throughout the various regions of the United States.

9 (e) ADMINISTRATION.—The Attorney General shall

10 prescribe requirements, including application require11 ments, for grants under the program under subsection (a).

12 (f) AUTHORIZATION OF APPROPRIATIONS.—(1)

13 There is authorized to be appropriated for the Department

14 of Justice $5,000,000 for fiscal year 2003 to carry out

15 this section.

16 (2) Amounts appropriated pursuant to the authoriza17 tion of appropriations in paragraph (1) shall remain avail18 able until expended.

19 SEC. 305. INCREASED SUPPORT.

20 Section 404(b)(2) of the Juvenile Justice and Delin21 quency Prevention Act of 1974 (42 U.S.C. 5773(b)(2)) is

22 amended by inserting ‘‘and $20,000,000 for each of fiscal

23 years 2004 and 2005’’ after ‘‘and 2003’’.


I1104.AAW
61

23

•HR 1104 IH

1 SEC. 306. SEX OFFENDER APPREHENSION PROGRAM.

2 Section 1701(d) of part Q of title I of the Omnibus

3 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

4 3796dd(d)) is amended—

5 (1) by redesignating paragraphs (10) and (11)

6 as (11) and (12), respectively; and

7 (2) by inserting after paragraph (9) the fol8 lowing:

9 ‘‘(10) assist a State in enforcing a law through10 out the State which requires that a convicted sex of11 fender register his or her address with a State or

12 local law enforcement agency and be subject to

13 criminal prosecution for failure to comply;’’.

Æ


I1104.AAX
62

Chairman SENSENBRENNER. The Chair recognizes the gentleman 

from North Carolina to strike the last word. 

Mr. COBLE. I thank the Chairman. 

Mr. Chairman and colleagues, this legislation is good policy. It 

has the potential to protect and save lives, the lives of the most innocent among us. H.R. 1104 is divided into three titles to improve 

the law related to child abductions by addressing 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 penalties against kidnapping by providing for a 20-year mandatory 

minimum sentence and imprisonment for nonfamily abductions of 

a child under the age of 18. This title also requires lifetime supervision for sex offenders, which is similar to a bill that passed the 

House 409 to 3 last year. 

Also included is a provision that requires mandatory life imprisonment for second-time sex offenders that also passed the House 

382 to 34 last Congress. 

In addition, this title directs the U.S. Sentencing Commission to 

increase offense levels for crimes of kidnapping and adds child 

abuse that results in a death as a predicate for first degree murder. 

Title II, effective investigations and prosecution, gives law enforcement agencies the tools they need to enforce the laws against 

child abduction. This title adds (4)(d) wiretap predicates that relate 

to sexual exploitation of crimes against children, which previously 

passed the House 396 to 11 last Congress. 

This 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. The goal of the Amber alert is to have the 

assistance of millions of people in the search for an abducted child. 

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. Furthermore, the title authorizes COPS funding for local law enforcement 

agencies to establish sex offender apprehension programs within 

their States. 

This program is especially important given a recent survey by 

parents for Megan’s law. That survey revealed that States, on average, were unable to account for 24 percent of sex offenders who 

were supposed to be in the databases. An Associated Press investigation revealed that California alone had lost track of at least 

33,000 sex offenders. 

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. 

63

Chairman SENSENBRENNER. The gentleman from Michigan. 

The gentleman from Virginia, Mr. Scott. 

Mr. SCOTT. Thank you, Mr. Chairman. 

Mr. Chairman, I am pleased the Amber Alert system for locating 

abducted or missing children is part of this bill. If the Amber Alert 

part of the bill were the only measure before us, we would be ready 

to vote, and I assume it would be unanimous. Unfortunately, instead of the noncontroversial bipartisan Frost-Dunn Amber Alert 

bill or the companion Senate Amber Alert bill which passed that 

body unanimously a few weeks ago, we have before us a bill that 

is now a hodgepodge of get-tough, sound-bite-based provisions that 

sound good for about the 10 seconds that it takes to say the name, 

but fall apart as soon as you try to explain how it would actually 

reduce crime. 

Two strikes and you’re out, lifetime supervision, sex crimes, wiretapping, sex tourism, mandatory minimums, death penalties, and 

so forth, and so forth, all sound like we are doing something about 

crime until you read the bills. The Amber Alert portion of the bill, 

already having passed the Senate unanimously, could pass the 

House and be on the President’s desk within a few days. Instead, 

we are here today with this bipartisan noncontroversial bill, bogged 

down in controversial political sound bites that the Senate has not 

even seen fit to consider. 

When you take a close look at these bills, you see why they do 

not warrant consideration. The two strikes bill says that a secondoffense crime involving a minor would require a mandatory life 

term without parole eligibility. The bill would cover consensual 

touching between high school teens, even if they are 4 years apart 

in age. That means if an 18-year-old high school junior engages in 

consensual activity, including touching private parts, with a 14-

year-old high school freshman girlfriend and is prosecuted at the 

insistence of irate parents in State court, gets probation, and then 

does it a second time in a national park, then the 18-year-old is not 

simply subject to punishment for 15 years, which is the current 

law, but mandated by this bill to serve a life sentence in prison 

without any discretion on the part of the judge. 

Mr. CONYERS. Would the gentleman yield? 

Mr. SCOTT. I yield. 

Mr. CONYERS. For just a moment. I want to ask my friend, the 

Subcommittee Chairman, Howard Coble, why did you add all that 

other stuff that wasn’t in the Senate bill? 

Mr. COBLE. If the gentleman will yield. 

Mr. SCOTT. I yield. 

Mr. COBLE. I think I have an amendment that probably will address that subsequently, I say to the gentleman from Michigan. 

Mr. CONYERS. Okay. 

Mr. SCOTT. Reclaiming my time, I think he was talking about all 

of the stuff, not just one or two provisions. 

Well, the best part of the bill is that these draconian provisions 

for the most part have very limited application; that is, because 

they would enact Federal laws, which, except for the 

extraterritorial applications of the sex tourism provisions, the provisions that only apply in traditional Federal jurisdiction, that is, 

national parks or, unfortunately, Native Americans on reservations. The Sentencing Commission indicates that about 75 percent 

64

of the offenders prosecuted under the Federal provisions are Native 

Americans. So offenders who commit the same crime in the same 

State can get vastly different sentencing based on the fact one was 

on a reservation and another was across the street. 

While two strikes and you’re out, sex tourism, lifetime supervision, mandatory minimums, and death penalties, make good 

sound bites, they do not make good policy. One criminologist noted 

in our Committee that in the earlier version of the two strikes bill, 

when we punish lesser offenses such as consensual crimes with the 

same penalty reserved for the highest grade of murder, a child sex 

offender would have little to lose—if not an incentive—to kill the 

victim, who is often the only important witness against him. 

The Amber Alert system has proven itself as something that actually assists in recovering abducted children. It is therefore too 

important to the lives and safety of such children to be used as a 

vehicle to try to get a bunch of politically calculated sound bites in 

the conference with the Senate because they lack merit to get there 

on their own. And this is not just true of the current Senate: Many 

of these provisions have been languishing in the Senate for the last 

3 Congresses after passing the House without any Senate consideration. 

So, Mr. Chairman, I would hope that we would put aside politics 

and pass a clean Amber Alert bill. In that regard, Mr. Chairman, 

I would ask unanimous consent that the Senate-passed bill, Amber 

Alert, that is Senate 121 which has been referred to this Committee, be added to today’s markup for consideration, and I would 

ask unanimous consent that it be so added. 

Mr. COBLE. I object. 

Chairman SENSENBRENNER. Is there objection to adding the legislation that has been mentioned by the gentleman from Virginia 

to today’s markup? 

Mr. COBLE. I object, Mr. Chairman. 

Chairman SENSENBRENNER. Objection is heard. 

The gentleman’s time has expired. Without objection, all Members’ opening statements will be included in the record at this 

point. 

[The prepared statement of Mr. Goodlatte follows:]

PREPARED STATEMENT OF THE HONORABLE BOB GOODLATTE, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF VIRGINIA

Thank you, Mr. Chairman, for holding a markup of this important legislation. 

We have all been horrified lately at the news stories describing child abductions, 

rapes and even murders. Our prayers go out to those parents who are still living 

with unanswered questions and an emptiness that the loss of a child brings. H.R. 

1104, the Child Abduction Prevention Act, cracks down on those criminals that violate our children and provides resources to boost the chances that abducted children 

will be safely recovered. 

This legislation provides the necessary tools to help law enforcement officers apprehend and prosecute child exploiters. For one, it increases the minimum and maximum penalties for the sexual exploitation and sex trafficking of children. It also 

directs the sentencing commission to increase the base offense level for kidnapping. 

Furthermore, it removes the statute of limitations for child abductions and many 

felony sex offenses. By repealing these time limitations on prosecuting child exploiters, law enforcement officials will be able to go after a child predator regardless of 

when the crime occurred. This provision will be particularly helpful in situations 

where DNA evidence conclusively proves the identity of a perpetrator years after the 

crime was committed. 

H.R. 1104 also provides resources, including funding, for the establishment of a 

national AMBER Alert program. First, the bill establishes an AMBER Alert coordiVerDate Dec 13 2002 23:52 Mar 24, 2003 Jkt 019006 PO 00000 Frm 00064 Fmt 6659 Sfmt 6621 E:\HR\OC\HR47P1.XXX HR47P1
65

nator within the Department of Justice to assist states with their AMBER Alert 

plans. This coordinator will encourage states to adopt AMBER Alert plans and will 

help ensure regional cooperation among those plans. Second, the bill authorizes $5 

million to be distributed to the Department of Justice for the development and enhancement of programs that support AMBER Alert plans. 

In addition, the bill authorizes $20 million for fiscal year 2004 for the Secretary 

of Transportation to make grants to states for the development of communications 

programs along highways to help locate missing children. The bill also doubles the 

current federal grant to the National Center for Missing and Exploited Children. 

These resources will help to bring missing and abducted children safely back home 

to their parents. 

As a member of the Congressional Missing and Exploited Children’s Caucus, I 

have long been concerned about the safety of children, the most vulnerable among 

us. The Caucus has worked to build awareness around the issue of missing children, 

and to create a cohesive voice in Congress on the issue so that we might introduce 

and pass legislation that will strengthen law enforcement and community mobilization efforts to address child abduction. H.R. 1104 achieves these goals and I encourage each of my colleagues to support this important legislation.

[The prepared statement of Ms. Jackson Lee follows:]

66


Lee1.eps
67


Lee2.eps
68


Lee3.eps
69


Lee4.eps
70


Lee5.eps
71


Lee6.eps
72


Lee7.eps
73

Chairman SENSENBRENNER. Are there amendments to the bill? 

The gentleman from North Carolina. 

Mr. COBLE. I have an amendment at the desk, Mr. Chairman. 

Chairman SENSENBRENNER. The Clerk will report the amendment. 

Mr. COBLE. It is Coble OO3. 

The CLERK. Amendment to H.R. 1104 offered by Representative 

Coble: 

Page 2, line 16, strike chapter 109A, 110, 117—. Mr. COBLE. Mr. Chairman, I ask unanimous consent the amendment be considered as read. 

Chairman SENSENBRENNER. Without objection, the amendment is 

considered as read and the gentleman from North Carolina is recognized for 5 minutes. 

[The amendment follows:]

74

1

H.L.C.

AMENDMENT TO H.R. 1104

OFFERED BY MR. COBLE

Page 2, line 16, strike ‘‘chapter 109A, 110, 117, or

section 1591’’ and insert ‘‘section 1591, 2241, 2242,

2244(a)(1), 2244(a)(2), 2251, 2251A, 2252, 2252A,

2260, 2421, 2422, 2423, or 2425’’.

Page 11, beginning in line 13, strike ‘‘2243(a) (relating to sexual abuse of a minor),’’.

Page 11, line 17, after the comma insert ‘‘2251 (relating to sexual exploitation of children),’’.

Page 11, line 17, strike ‘‘or’’.

Page 11, line 18, before the semicolon insert ‘‘or

2422(b) (relating to coercion and enticement of a minor

into prostitution)’’.

Page 15, line 17, strike ‘‘109A, 110, 117, or section

1591’’ and insert ‘‘section 1591, 2241, 2242, 2244(a)(1),

2244(a)(2), 2251, 2251A, 2252, 2252A, 2260, 2421,

2422, 2423, or 2425’’.

Replace section 221 with the following:

Section 3142(e) of title 18, United States Code, is

amended by striking ‘‘or 2332b’’ and inserting ‘‘1201,


A1104D.AAB
75

2

H.L.C.

1591, 2241, 2242, 2244(a)(1), 2242(a)(2), 2251, 2251A,

2252, 2252A, 2260, 2332b, 2421, 2422, 2423, or 2425’’.


A1104D.AAC
76

Mr. COBLE. I say to my friend from Michigan, John, I think my 

amendment will address some of your concerns. But to extend your 

question, we might just ask why the Senate didn’t consider some 

of our situations in our bill, and I think the reason we didn’t do 

the Senate bit was because, I believe, the comprehensive approach 

is preferable. But we can maybe get to that at a later time. 

Mr. Chairman, I move to strike the last word. 

Chairman SENSENBRENNER. The gentleman is recognized for the 

remainder of the time. 

Mr. COBLE. Mr. Chairman, this amendment would remove the 

crime of statutory rape as an underlying offense to the sections of 

the bill concerning lifetime supervision, two strikes, no statute of 

limitation, and no pretrial release. I am offering this amendment 

in response to several concerns, and I know Mr. Scott of Virginia 

had some concerns about these as well. 

This is not to say that Federal statutory rape is not a serious 

crime. On the contrary, it is. But the obvious exploitative nature 

of a relationship between a child under the age of 16 and someone 

at least 4 years older warrants the harsh punishment contained in 

the current law. However, I would rather see the increased penalties and restrictions on defendants contained in the bill apply 

only to cases that do not involve consensual sexual acts. 

Under the amended language of the bill, only the most serious 

crime of sexual abuse or coercion would subject a defendant to the 

increased penalties of the bill. Based upon this reasoning, this 

amendment would also add two sections of title 18 to the list of 

crimes that would subject a defendant to the possibility of mandatory life imprisonment following a second conviction. Those crimes 

are section 2251, relating to raping a child in the production of 

child pornography, and section 2422(b), relating to coercion or enticement of a minor to engage in prostitution. 

These crimes are consistent with the premise that persons who 

repeatedly commit serious sex offenses against children should be 

incarcerated permanently. 

I urge my colleagues to support this amendment. 

Chairman SENSENBRENNER. Does the gentleman yield back? 

Mr. COBLE. I yield back. 

Chairman SENSENBRENNER. The gentleman from Virginia, Mr. 

Scott. 

Mr. SCOTT. I move to strike the last word. 

Chairman SENSENBRENNER. The gentleman is recognized for 5 

minutes. 

Mr. SCOTT. Mr. Chairman, I am just seeing this for the first time 

and it is written in section by section. We are trying to go back and 

forth to see what is what. 

So let me ask a couple of questions. The gentleman in his statement mentioned something about pretrial release and statute of 

limitations. Could he say what the amendment does to pretrial release and statute of limitations? 

Mr. COBLE. If the gentleman will yield, it removes statutory rape 

from the underlying sections. 

Mr. SCOTT. What about pretrial release and statute of limitations? 

Mr. COBLE. Well, the pretrial release would be the same thing, 

with the direction of the judge after release. 

77

Mr. SCOTT. Did the underlying bill prohibit pretrial release for 

some of these charges? 

Mr. COBLE. That’s correct. 

Mr. SCOTT. And did you remove that section? 

Mr. COBLE. If the gentleman would yield, it would remove statutory rape. 

Mr. SCOTT. I am a little confused, then. 

Chairman SENSENBRENNER. Will the gentleman yield? 

Mr. SCOTT. I yield. 

Chairman SENSENBRENNER. What this amendment does is it 

takes statutory rape out of the entire bill, which hits the point the 

gentleman made in his opening statement. It includes two heinous 

crimes that were not in the original bill, which were rape of a 

minor in the production of child pornography and coercion and enticement of a minor into prostitution. So they would be included in 

the denial of pretrial release in the other provisions of the bill, but 

statutory rape would be taken out. 

Mr. SCOTT. Reclaiming my time. The bill, with the amendment, 

then, would still prohibit pretrial release for the serious offenses. 

Chairman SENSENBRENNER. If the gentleman would yield, yes, 

but would not prohibit pretrial release for statutory rape. 

Mr. SCOTT. Okay, thank you. 

Chairman SENSENBRENNER. Does the gentleman yield back? 

Mr. SCOTT. I yield back. 

Chairman SENSENBRENNER. The question is on the Coble amendment. 

Those in favor will say aye. 

Opposed, no. 

The ayes appear to have it. The ayes have it. 

Are there further amendments? 

Mr. COBLE. I have an amendment at the desk. 

Chairman SENSENBRENNER. The gentleman from North Carolina. 

The CLERK. Amendment to H.R. 1104 offered by Mr. Coble:

Page 19, strike line 20, and all that follows through—. 

Mr. COBLE. Mr. Chairman, I ask unanimous consent the amendment be considered as read. 

[The amendment follows:]

78 H.L.C.

AMENDMENT TO H.R. 1104

OFFERED BY MR. COBLE

Page 19, strike line 20 and all that follows through

line 5 on page 21 and insert the following:

1 SEC. 303. GRANT PROGRAM FOR NOTIFICATION AND COM2 MUNICATIONS SYSTEMS ALONG HIGHWAYS

3 FOR RECOVERY OF ABDUCTED CHILDREN.

4 (a) PROGRAM REQUIRED.—The Secretary of Trans5 portation shall carry out a program to provide grants to

6 States for the development or enhancement of notification

7 or communications systems along highways for alerts and

8 other information for the recovery of abducted children.

9 (b) DEVELOPMENT GRANTS.—

10 (1) IN GENERAL.—The Secretary may make a

11 grant to a State under this subsection for the devel12 opment of a State program for the use of changeable

13 message signs or other motorist information systems

14 to notify motorists about abductions of children. The

15 State program shall provide for the planning, coordi16 nation, and design of systems, protocols, and mes17 sage sets that support the coordination and commu18 nication necessary to notify motorists about abduc19 tions of children.


A1104E.AAB
79

2

H.L.C.

1 (2) ELIGIBLE ACTIVITIES.—A grant under this

2 subsection may be used by a State for the following

3 purposes:

4 (A) To develop general policies and proce5 dures to guide the use of changeable message

6 signs or other motorist information systems to

7 notify motorists about abductions of children.

8 (B) To develop guidance or policies on the

9 content and format of alert messages to be con10 veyed on changeable message signs or other

11 traveler information systems.

12 (C) To coordinate State, regional, and

13 local plans for the use of changeable message

14 signs or other transportation related issues.

15 (D) To plan secure and reliable commu16 nications systems and protocols among public

17 safety and transportation agencies or modify

18 existing communications systems to support the

19 notification of motorists about abductions of

20 children.

21 (E) To plan and design improved systems

22 for communicating with motorists, including the

23 capability for issuing wide area alerts to motor24 ists.


A1104E.AAC
80

3

H.L.C.

1 (F) To plan systems and protocols to fa2 cilitate the efficient issuance of child abduction

3 notification and other key information to motor4 ists during off-hours.

5 (G) To provide training and guidance to

6 transportation authorities to facilitate appro7 priate use of changeable message signs and

8 other traveler information systems for the noti9 fication of motorists about abductions of chil10 dren.

11 (c) IMPLEMENTATION GRANTS.—

12 (1) IN GENERAL.—The Secretary may make a

13 grant to a State under this subsection for the imple14 mentation of a program for the use of changeable

15 message signs or other motorist information systems

16 to notify motorists about abductions of children. A

17 State shall be eligible for a grant under this sub18 section if the Secretary determines that the State

19 has developed a State program in accordance with

20 subsection (b).

21 (2) ELIGIBLE ACTIVITIES.—A grant under this

22 subsection may be used by a State to support the

23 implementation of systems that use changeable mes24 sage signs or other motorist information systems to

25 notify motorists about abductions of children. Such


A1104E.AAD
81

4

H.L.C.

1 support may include the purchase and installation of

2 changeable message signs or other motorist informa3 tion systems to notify motorists about abductions of

4 children.

5 (d) FEDERAL SHARE.—The Federal share of the cost

6 of any activities funded by a grant under this section may

7 not exceed 80 percent.

8 (e) DISTRIBUTION OF GRANT AMOUNTS.—The Sec9 retary shall, to the maximum extent practicable, distribute

10 grants under this section equally among the States that

11 apply for a grant under this section within the time period

12 prescribed by the Secretary.

13 (f) ADMINISTRATION.—The Secretary shall prescribe

14 requirements, including application requirements, for the

15 receipt of grants under this section.

16 (g) DEFINITION.—In this section, the term ‘‘State’’

17 means any of the 50 States, the District of Columbia, or

18 Puerto Rico.

19 (h) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated to the Secretary to carry

21 out this section $20,000,000 for fiscal year 2004. Such

22 amounts shall remain available until expended.

23 (i) STUDY OF STATE PROGRAMS.—

24 (1) STUDY.—The Secretary shall conduct a

25 study to examine State barriers to the adoption and


A1104E.AAE
82

5

H.L.C.

1 implementation of State programs for the use of

2 communications systems along highways for alerts

3 and other information for the recovery of abducted

4 children.

5 (2) REPORT.—Not later than 1 year after the

6 date of enactment of this Act, the Secretary shall

7 transmit to Congress a report on the results of the

8 study, together with any recommendations the Sec9 retary determines appropriate.

Page 22, line 14, strike ‘‘2003’’ and insert ‘‘2004’’.


A1104E.AAF
83

Mr. WATT. Reserving a point of order. 

Chairman SENSENBRENNER. Point of order is reserved. The gentleman from North Carolina is recognized for 5 minutes. 

Mr. COBLE. Mr. Chairman, this amendment, I believe, will be 

technical. 

Apparently, there is a mistake in the drafting of the legislative language in section 303 of the bill. That section authorizes $20 million for the Secretary of Transportation to carry out a program to 

provide grants to States for the development or enhancement of notification or communication systems along highways for alerts and 

other information for the recovery of abducted children. 

The Department of Transportation has been developing an 

Amber program grant since October 2002, and has put a lot of time 

and effort into developing the guidelines for their program. The 

current language of section 303 conflicts with those guidelines. 

For example, the current Amber Alert program allows the Federal share of any grant to be up to 80 percent. Section 303, as currently drafted, only allows a Federal share of up to 50 percent. Enactment of these provisions, as currently drafted, would have hindered these funds from getting to the States in a timely manner. 

The Department of Transportation would have had to start back at 

square one, it seems to me, and redevelop their guidelines or create 

a new and separate Amber Alert program, alongside its current 

program. This would have only led to confusion and wasted resources. 

The language in this amendment authorizes the same $20 million to the Department of Transportation, but the guidelines for the 

grant program mirrors the guidelines that are currently in place at 

the Department. Mr. Chairman, this amendment is being offered at 

the request of Chairman Young and Ranking Member Oberstar of 

the Committee on Transportation and Infrastructure. 

I guess, Mr. Chairman and colleagues, what it amounts to is that 

there are two separate Amber Alert programs involving two separate Federal entities, i.e. Transportation and Justice. And I urge 

my colleagues to support the amendment. 

Chairman SENSENBRENNER. Does the gentleman yield back? 

Mr. COBLE. I yield back. 

Chairman SENSENBRENNER. Does the gentleman from North 

Carolina insist on his point of order? 

Mr. WATT. No, Mr. Chairman, I withdraw my point of order. 

Chairman SENSENBRENNER. The point of order is withdrawn. 

The question is on the amendment offered by the gentleman from 

North Carolina, Mr. Coble.

Before putting the question, the Chair would like to ask unanimous consent to introduce into the record at this point a letter 

from Chairman Young of the Committee on Transportation and Infrastructure relative to this issue and this amendment. 

Without objection, the letter is included. 

[The material referred to follows:]

84


Young.eps
85

Chairman SENSENBRENNER. The question now is on the Coble 

amendment 021. 

Those in favor will say aye. 

Those opposed, no. 

The ayes appear to have it. The ayes have it and the amendment 

is agreed to. 

Are there further amendments? 

Ms. JACKSON LEE. Mr. Chairman, I have an amendment at the 

desk. 

Chairman SENSENBRENNER. The Clerk will report the amendment. 

Ms. JACKSON LEE. Amendment number 2. 

The CLERK. Amendment to H.R. 1104 offered by Ms. Jackson 

Lee: Amendment number 2, strike Titles I, II, and III. 

[The amendment follows:]

Chairman SENSENBRENNER. The gentlewoman from Texas is recognized for 5 minutes. 

Ms. JACKSON LEE. I thank the Chairman, the Ranking Member, 

and the Ranking Member and Chairman of the Subcommittee. This 

amendment is simple in its intent, and that is, to respect the content and quality and importance of the Amber Alert as it was designed in the State of Texas. 

I have been informed, Mr. Chairman, to ask unanimous consent 

to strike III from my amendment, please. 

Chairman SENSENBRENNER. Reserving the right to object, why is 

that? 

Ms. JACKSON LEE. Because I would like to only strike I and II. 

That is why, Mr. Chairman. 

Chairman SENSENBRENNER. Further reserving the right to object, 

does striking Title III strike the Amber Alert part of the bill? 

Ms. JACKSON LEE. I am correcting the amendment, Mr. Chairman, to strike I and II. 

Chairman SENSENBRENNER. Further reserving the right to object, 

is Title III the Amber Alert part of the bill? 

Ms. JACKSON LEE. I am correcting the amendment, and I am——

Chairman SENSENBRENNER. Without objection, her modification 

is agreed to. 

Ms. JACKSON LEE. Thank you, Mr. Chairman, for your kindness. 

Let me go on record, Mr. Chairman, as I know you do, I enthusiastically support the Amber Alert freestanding Senate bill. But 

more importantly, let me refer to the Amber Alert concept that was 

designed in the State of Texas, specifically, and tragically in Dallas, with the loss of one of our young people that lost her life. 

I believe it is extremely important to recognize where we are 

today, with again the climate of security changing in this Nation, 


A1104A.eps
86

with the recognition that as we sit here today a child is being either abducted or, if you will, assaulted, and that the importance of 

moving this legislation should really take priority over, in fact, Mr. 

Chairman, many of the valid legislative initiatives that may be included. 

Research has found that most abducted children murdered by 

their kidnappers are killed within 3 hours of their abduction. 

Prompt and timely responses are critical. As we have been able to 

discern from the facts now generated through Elizabeth Smart’s 

abduction, she remained within the parameters of her home 

throughout the entire time, 20, 30 miles away, and maybe only as 

far as Las Vegas. It means that the input of the community was 

vital. 

Mr. Smart made it very clear that in finding his daughter he 

owed a great deal of gratitude to the notifications given to the larger community. So we know the concept of the Amber Alert works. 

We have already noted the media can be very instrumental. In my 

own hometown, the new transportation system, the lighted boards, 

are very instrumental in notifying motorists to look for a certain 

type of vehicle and a certain type of plate, if you will. 

So I would hope that we could move the legislation as the Senate 

has provided us. And I do want to speak to Mr. Coble’s point, that 

it is not in disrespect to the work of the House of Representatives; 

rather, it is in respect of that work that we too want to be able to 

ensure that a freestanding bill is immediately passed and goes to 

the President’s desk, particularly as the winds of war are blowing 

and particularly as most of the child support groups and groups 

that advocate children’s issues believe that this bill is a good bill 

as it stands and will help to save lives. 

Mr. CANNON. Would the gentlelady yield? 

Ms. JACKSON LEE. I would be happy to yield. 

Mr. CANNON. This is, of course, a confusing and difficult issue for 

many of us who are dealing with it. It is my understanding that 

the Justice Department has administratively, essentially, done 

what is in the Senate’s Amber Alert bill. 

Can you explain to me what the difference between passing this 

section 3 alone would do in addition to what is happening currently 

and administratively through the Justice Department? 

Ms. JACKSON LEE. I’d be happy to explain it, as I so interpret it, 

and that is my recollection of administrative law in law school. It 

is what it is. They are internal procedures operated by administrative fiat, if you will, to be overturned by statutory law. If we pass 

this bill—. Mr. CANNON. Will the gentlelady yield? 

Ms. JACKSON LEE. Let me continue. I am reclaiming my time. If 

we pass this bill, this bill would be statutory, signed by the President into law—. 

Chairman SENSENBRENNER. The gentlewoman’s time has expired. 

Ms. JACKSON LEE.—and would be an effective legislative initiative. So I would ask my colleagues to support the legislation. 

Chairman SENSENBRENNER. The Chair recognizes himself for 5 

minutes. 

First of all, I think that the amendment prior to this one shows 

how useful dispassionate Committee consideration of legislation is. 

87

The Amber provisions of my bill, as well as in the stand-alone Senate-passed bill, had the problem that was drawn to our attention 

by the Chairman and Ranking Member of the Infrastructure and 

Public Works Committee. So the Senate bill required an amendment, just as my bill requires an amendment. And that is why 

using the process in considering legislation in Committee is so very 

important, so that we can do it right the first time. 

Secondly, I am going to ask unanimous consent to include a letter that the Justice Department sent me today which says that the 

Attorney General has already implemented administratively the 

Amber program, in that he has appointed an assistant attorney 

general as the national coordinator of Amber programs, and there 

was a reprogramming so that there is over $10 million for grants 

to States in the Justice Department to establish and maintain 

Amber programs. 

[The material referred to follows:]

88


DOJ1.eps
89


DOJ2.eps
90

I think that this indicates that the rush to pass a stand-alone bill 

is really duplicating the efforts that the Justice Department made 

last fall and was not properly drafted when it passed the Senate, 

and fortunately we have been able to correct it. 

Now, there are some who have labeled the provisions of the bill 

that the gentlewoman from Texas wants to strike as extraneous. 

These so-called extraneous provisions provide for a 20-year mandatory minimum sentence of imprisonment for abductions of children 

under the age of 18, mandatory life imprisonment for second-time 

offenders, removes the statute of limitations for child abductors 

and sex offenders, denies pretrial release for those who rape and 

kidnap children, and allows local law enforcement agencies to receive funding to establish sex offender apprehension programs and 

doubles the authorization for the National Center for Missing and 

Exploited Children to $20 million per year. None of these provisions are considered extraneous; not by the Justice Department, 

the National Center for Missing and Exploited Children, or the 390 

Members of Congress who voted for this bill last year, which included then Leader Gephardt, present Leader Pelosi, and Mr. Berman from this Committee. 

The stand-alone Amber bill calls for a national coordinator. On 

October 2, 2002, the President signed an Executive Order to direct 

the Attorney General to designate that assistant as the national coordinator. There is a lot of funding that is available. Some has not 

even been applied for. Between Justice and Transportation, they 

have almost $12.5 billion in the bank ready to spend on Amber programs, $5.5 million in Justice, and $7 million in Transportation. 

Let us be clear: If the Senate’s Amber bill were enacted into law 

today, nothing that is currently going on would change. The bill 

merely supplants the Department of Justice’s general authorization 

with a specific authorization. The money is there now. The money 

would be there in the future if this bill would pass. 

I think that the other provisions of this bill put emphasis on the 

prevention of kidnapping and the prevention of the exploitation of 

children for sexual gratification. I think prevention is much, much 

more important than notification is, important though it may be; 

because once there is a kidnapping or a molestation, then that 

child is scarred for the rest of their life. So by allowing the law to 

change to try to prevent a kidnapping and molestation to begin 

with, we save those children from being scarred. Once they are kidnapped, Amber is important to alert law enforcement and the public to track down those who are responsible and to reunite the children with their families. 

I do not think we should ignore prevention while we are attempting to improve notification. Both of these things go together. Both 

of them are important. And I would hope that the other body, as 

a result of all the publicity that has come out on this issue, would 

deal with the prevention issues, which they have failed to do in the 

past. 

I yield back the balance of my time. 

The gentlewoman from California, Ms. Sa ́nchez. 

Ms. SA ́ NCHEZ. Mr. Chairman, I move to strike the last word. 

Chairman SENSENBRENNER. The gentlewoman is recognized for 5 

minutes. 

Ms. SA ́ NCHEZ. I yield my time to the gentlewoman from Texas. 

91

Ms. JACKSON LEE. I thank the gentlewoman from California, and 

again welcome her as a very vital Member of our Committee. 

Mr. Chairman, let me try to respond to some of the points that 

you have made. First of all, let me say that the legislative initiatives that have been offered, that have been added to the Amber 

Alert legislation, should not be mutually exclusive for being reviewed by this Committee and from being entertained not only by 

this Committee in the House but the Senate Committee on the Judiciary. They have merit. 

But let me distinguish why it is important to move on a freestanding Amber Alert legislative in addition. First of all, Senator 

Kay Bailey Hutchison and Senator Feinstein, who offered this legislation, have captured it. If we can pass this bill quickly, the 

President, although he has put in place an Executive Order, what 

our legislation does is that it has—and this is a comment from Senator Hutchison—it has a strong, if you will, legitimate monetary 

component. We do double the funding for the Amber Alert to try 

to help States set up Amber Alert systems to have their communication systems and good education systems, and that is why we 

want it passed right away. 

But even though prevention is a very commendable and important effort, the parents and people of the United States want to ensure that if their child is abducted, that we have a system in place 

that provides that that child could be found within a 3-hour period, 

or has the potential of doing so. If we have a freestanding Amber 

Alert bill that is passed now, we begin to implement a system 

under a past legislative initiative, a system that could help us find 

children within a few hours of the time that they are abducted. 

My question to this Committee is why are we standing on principle, if you will, of having to merge these maybe very fine legislative initiatives, when we could easily pass the Amber Alert, have 

the Senate bill as the standing bill, as was asked by the Ranking 

Member, and we could then have this legislation signed by the 

President and then proceed with the very fine legislative initiative 

that some of us may in fact agree with? What we are doing now 

is causing an elongated conference process that begs the question 

of whether or not we help solve the problem that is at hand, and 

that is the finding of abducted children and putting a system in 

place that will help those children be found. 

I would argue that it is important to move this legislation without these additional provisions, and I would argue that it would be 

in compliance with the needs of the American people. 

Let me also ask unanimous consent and cite from the Polly Klaas 

Foundation that urges Congress to pass H.R. 412, and ask unanimous consent to have this statement included, and I would like to 

read it partially. 

Chairman SENSENBRENNER. Without objection. 

[The material referred to follows:]

92


Klaas.eps
93

Ms. JACKSON LEE. The Polly Klaas Foundation has been working 

the past year to implement Amber Alerts in every State and nationally. It is an invaluable tool for aiding in the recovery of abducted children and has already saved 51 lives across America. In 

the past week alone, three children in California have been saved 

by the State’s alert system, and mind you, other States do not have 

it in place. We believe this same protection should be guaranteed 

across all city and State borders. We greatly appreciate and support the work of Representative Frost and others endorsing this 

stand-alone bill, and our greatest concern is doing whatever it 

takes for one to pass. The safe recovery of Elizabeth Smart was a 

great ending to a terrible ordeal. From our 10 years of working on 

thousands of missing children, we sadly know that the outcomes of 

such abductions are rarely positive. Unfortunately, children go 

missing every day in this country, making the failure to immediately approve the Amber Alert bill a dangerous political game. 

Although I know there is great sincerity on behalf of all who are 

interested in the additional provisions, it is my plea that we can 

do both, pass the Amber Alert and review these other amendments 

in time, and work with Senate so that other prevention measures 

can be passed. 

With that, I ask my colleagues to be able to support this amendment. I yield back. 

Chairman SENSENBRENNER. Does the gentlewoman from California yield back? 

Ms. SA ́ NCHEZ. Yes, Mr. Chairman. 

Mr. KELLER. Mr. Chairman. 

Chairman SENSENBRENNER. The gentleman from Florida, Mr. 

Keller. 

Mr. KELLER. Move to strike the last word. 

Chairman SENSENBRENNER. The gentleman is recognized for 5 

minutes. 

Mr. KELLER. Mr. Chairman, I would like to address head-on an 

argument that has been made here today, that we should essentially separate out the Amber Alert portion of the bill from the 

other bills that have been labeled as more controversial to assure 

the passage in Congress. 

Two arguments have been advanced for this position. I took 

notes when Mr. Scott was speaking. First, he said this bill, packaging both things together, is controversial, partisan, and is made 

for political sound bites. 

Well, the almost identical noncontroversial bill, called the Child 

Abduction Prevention Act, passed the United States House of Representatives on October 8, 2002, by a vote of 390 to 24. That means 

94 percent of the Members of the United States Congress voted 

yes, including Mr. Gephardt, Ms. Pelosi, Mr. Frost, and Berman. 

Surely these statesmen in the Democratic Party would not engage 

in tactics that are controversial or partisan. 

The second argument has been made that nothing in these other 

provisions, such as two strikes and you’re out, will reduce crime 

and so we should throw those out and only pass the Amber Alert 

portion. 

I would remind my colleagues that Mr. Ernie Allen, the President of the National Center for Missing and Exploited Children, 

testified as to the overwhelming amount of recidivism for child moVerDate Dec 13 2002 23:52 Mar 24, 2003 Jkt 019006 PO 00000 Frm 00093 Fmt 6659 Sfmt 6601 E:\HR\OC\HR47P1.XXX HR47P1
94

lesters, which is relevant, for example, to the two strikes and 

you’re out provision for child sex crimes. Obviously, if someone is 

in prison after committing two of these crimes and being convicted, 

they are not going to molest anymore children. 

According to what we learned from Mr. Allen, the typical sex offender molests 117 children in his lifetime. That is pretty relevant 

to the parents of those children. Molesters of boys have a 40 percent recidivism rate, molesters of girls have a 29 percent recidivism 

rate, rapists have a 35 percent recidivism rate, those who commit 

minor sex offenses, such as exhibitionists, have a 71 recidivism 

rate. 

So I would say the evidence is quite to the contrary, that there 

are prevention aspects in this that would help reduce crime. 

Mr. Chairman, I yield back the balance of my time. 

Chairman SENSENBRENNER. The gentleman from Virginia, Mr. 

Scott. 

The gentleman is recognized for 5 minutes. 

Mr. SCOTT. Mr. Chairman, as we talk about prevention, I apologize, the amendment that we adopted was only available as we 

came to the markup, so I haven’t gone through all of it, but it is 

my understanding that only the serious offenses are left. And if you 

go through the code, virtually all of them allow the death penalty 

and life without parole already as a sentence in appropriate cases. 

And if you are not deterred by that, you are not going to be deterred by whatever is in this bill. There will be prevention of death 

and injury if we can implement the Amber Alert bill. 

Now, we said last year that if we added all of these things to the 

bill, it would kill the bill because the Senate wouldn’t take them 

up. That is what we said, and that is what happened. Although the 

bills flew through the House as if they were noncontroversial, they 

were not even taken up by the Senate, and it is unlikely that the 

Senate is going to take up this measure. 

The Senate has had the sex tourism and the two strikes bills before it for several Congresses. It has not passed them. It is unlikely 

that the addition of the Amber Alert will change their opinion of 

those provisions. This amendment will make it possible to pass the 

Amber Alert bill so that children can be saved. 

So I would ask that we would pass the Amber Alert bill. And if 

we insist on the other provisions, pass them as freestanding bills, 

send them to the Senate where they can sit there for the next year 

and a half before they die. I would hope that we would adopt the 

amendment and pass the Amber Alert bill. 

Chairman SENSENBRENNER. The question is on the amendment 

offered by the gentlewoman from Texas, Ms. Jackson Lee. 

Those in favor will say aye. 

Opposed, no. 

The noes appear to have it. The noes have it. 

Ms. JACKSON LEE. Mr. Chairman, I ask for a rollcall. 

Chairman SENSENBRENNER. rollcall is ordered. 

Those in favor of the Jackson Lee amendment will, as your 

names are called, answer aye. Those opposed, no. 

The Clerk will call the roll. 

The CLERK. Mr. Hyde. 

[No response.] 

The CLERK. Mr. Coble. 

95

Mr. COBLE. No. 

The CLERK. Mr. Coble votes no. 

Mr. Smith. 

Mr. SMITH. No. 

The CLERK. Mr. Smith votes no. 

Mr. Gallegly. 

[No response.] 

The CLERK. Mr. Goodlatte. 

Mr. GOODLATTE. No. 

The CLERK. Mr. Goodlatte votes no. 

Mr. Chabot. 

Mr. CHABOT. No. 

The CLERK. Mr. Chabot votes no. 

Mr. Jenkins. 

Mr. JENKINS. No. 

The CLERK. Mr. Jenkins votes no. 

Mr. Cannon. 

Mr. CANNON. No. 

The CLERK. Mr. Cannon votes no. 

Mr. Bachus. 

[No response.] 

The CLERK. Mr. Hostettler. 

Mr. HOSTETTLER. No. 

The CLERK. Mr. Hostettler votes no. 

Mr. Green. 

[No response.] 

The CLERK. Mr. Keller. 

Mr. KELLER. No. 

The CLERK. Mr. Keller votes no. 

Ms. Hart. 

Ms. HART. No. 

The CLERK. Ms. Hart votes no. 

Mr. Flake. 

[No response.] 

The CLERK. Mr. Pence. 

Mr. PENCE. No. 

The CLERK. Mr. Pence votes no. 

Mr. Forbes. 

Mr. FORBES. No. 

The CLERK. Mr. Forbes votes no. 

Mr. King. 

[No response.] 

The CLERK. Mr. Carter. 

Mr. CARTER. No. 

The CLERK. Mr. Carter votes no. 

Mr. Feeney. 

Mr. FEENEY. No. 

The CLERK. Mr. Feeney votes no. 

Mrs. Blackburn. 

Mrs. BLACKBURN. No. 

The CLERK. Mrs. Blackburn votes no. 

Mr. Conyers. 

Mr. CONYERS. Aye. 

The CLERK. Mr. Conyers votes aye. 

Mr. Berman. 

96

[No response.] 

The CLERK. Mr. Boucher. 

[No response.] 

The CLERK. Mr. Nadler. 

[No response.] 

The CLERK. Mr. Scott. 

Mr. SCOTT. Aye. 

The CLERK. Mr. Scott votes aye. 

Mr. Watt. 

Mr. WATTS. Aye. 

The CLERK. Mr. Watts votes aye. 

Ms. Lofgren. 

[No response.] 

The CLERK. Ms. Jackson Lee. 

Ms. JACKSON LEE. Aye. 

The CLERK. Ms. Jackson Lee votes aye. 

Ms. Waters. 

[No response.] 

The CLERK. Mr. Meehan. 

[No response.] 

The CLERK. Mr. Delahunt. 

[No response.] 

The CLERK. Mr. Wexler. 

Mr. WEXLER. No. 

The CLERK. Mr. Wexler votes no. 

Ms. Baldwin. 

[No response.] 

The CLERK. Mr. Weiner. 

[No response.] 

The CLERK. Mr. Schiff. 

[No response.] 

The CLERK. Ms. Sa ́nchez. 

Ms. SA ́ NCHEZ. Aye. 

The CLERK. Ms. Sa ́nchez votes aye. 

Mr. Chairman. 

Chairman SENSENBRENNER. No. 

The CLERK. Mr. Chairman votes no. 

Chairman SENSENBRENNER. Are there Members who wish to cast 

or change their vote? The gentleman from Alabama, Mr. Bachus. 

Mr. BACHUS. No. 

The CLERK. Mr. Bachus, no. 

Chairman SENSENBRENNER. Further Members who wish to cast 

or change their vote? 

If not, the Clerk will report. 

The CLERK. Mr. Chairman, there are 5 ayes and 17 noes. 

Chairman SENSENBRENNER. The amendment is not agreed to. 

I have a further amendment at the desk. 

The CLERK. Amendment to H.R. 1104, offered by Representative 

Sensenbrenner. Section 302(b) is amended by adding after paragraph——

Chairman SENSENBRENNER. Without objection, the amendment is 

considered as having been read. 

[The amendment follows:]

97

Mr. WATT. Reserving the right to object. 

Chairman SENSENBRENNER. The minority has had this amendment. The minority was given this amendment a few minutes ago. 

Mr. WATT. I’m sorry, Mr. Chairman, I had not seen it. I’m sorry. 

I will withdraw my reservation. 

Chairman SENSENBRENNER. Without objection, the amendment is 

considered as read, and the Chair recognizes himself for 5 minutes. 

This amendment is offered at the request of Representative 

Frank Wolf of Virginia. He has requested the Amber Alert system 

include provisions to alert pharmacies, doctors’ offices, health clinics and emergency rooms, all of which a kidnapper may visit when 

the abducted child is sick or reacting to a lack of medication related to a disability. This would provide the information relative to 

the disability so that it would be disseminated. This change is a 

good idea, regardless of whether or not the child is disabled, as the 

kidnapper may have to visit one of these locations with an abducted child. 

I would ask unanimous consent that the letter from Congressman Wolf to me dated March 13 be included in the record at this 

point. 

Without objection, it is. 

[The material referred to follows:]


A1104B.eps
98


Wolf.eps
99

Chairman SENSENBRENNER. I yield back the balance of my time. 

The question is on agreeing to the amendment which the Chair 

has offered. 

Those in favor will say aye. 

Those opposed, no. 

The ayes appear to have it. The ayes have it, and the amendment is agreed to. 

Are there further amendments? 

Ms. JACKSON LEE. I have an amendment at the desk. 

Chairman SENSENBRENNER. The gentlewoman from Texas. 

Ms. JACKSON LEE. I think it is amendment number 3. 

Chairman SENSENBRENNER. The Clerk will report the amendment. 

The CLERK. Amendment to H.R. 1104, offered by Ms. Jackson 

Lee: 

Strike Titles I, II. Replace Titles I, II with the following: Section 

404(b)(2) of the Juvenile Justice and Delinquency Prevention Act of 

1974 (42 U.S.C. 5773(b)(2) is amended by inserting ‘‘and $20,000 

for each of fiscal years 2004 and 2005——’’

Chairman SENSENBRENNER. Without objection, the amendment is 

considered as having been read, and the gentlewoman is recognized 

for 5 minutes. 

[The amendment follows:]

Ms. JACKSON LEE. I would not want to suggest to anyone that 

the Polly Klaas Foundation is the only child advocacy organization 

that is important to finding children. 

Mr. Chairman—. 

Chairman SENSENBRENNER. The gentlewoman has the time. 

Ms. JACKSON LEE. Yes, thank you. Mr. Chairman, I want to 

withdraw this and submit another amendment. 

Chairman SENSENBRENNER. The amendment is withdrawn. 

Does the gentlewoman have another amendment? 

Ms. JACKSON LEE. Mr. Chairman, I will wait for the Rules Committee. Thank you. 

Chairman SENSENBRENNER. Are there further amendments? If 

there are no further amendments, the Chair notes the presence of 

a reporting quorum. 

The question is on reporting the bill H.R. 1104 favorably, as 

amended. 

Those in favor will say aye. 


A1104C.eps
100

Opposed, no. 

The ayes appear to have it. The ayes—. Mr. COBLE. Recorded vote. 

Chairman SENSENBRENNER. A recorded vote is requested. Those 

in favor of reporting H.R. 1140, as amended, will, as your names 

are called, answer aye. Those opposed, no. 

The Clerk will call the roll. 

The CLERK. Mr. Hyde. 

[No response.] 

The CLERK. Mr. Coble. 

Mr. COBLE. Aye. 

The CLERK. Mr. Coble votes aye. 

Mr. Smith. 

Mr. SMITH. Aye. 

The CLERK. Mr. Smith votes aye. 

Mr. Gallegly. 

[No response.] 

The CLERK. Mr. Goodlatte. 

Mr. GOODLATTE. Aye. 

The CLERK. Mr. Goodlatte votes aye. 

Mr. Chabot. 

Mr. CHABOT. Aye. 

The CLERK. Mr. Chabot votes aye. 

Mr. Jenkins. 

Mr. JENKINS. Aye. 

The CLERK. Mr. Jenkins votes aye. 

Mr. Cannon. 

Mr. CANNON. Aye. 

The CLERK. Mr. Cannon votes aye. 

Mr. Bachus. 

Mr. BACHUS. Aye. 

The CLERK. Mr. Bachus votes aye. 

Mr. Hostettler. 

Mr. HOSTETTLER. Aye. 

The CLERK. Mr. Hostettler votes aye. 

Mr. Green. 

[No response.] 

The CLERK. Mr. Keller. 

Mr. KELLER. Aye. 

The CLERK. Mr. Keller votes aye. 

Ms. HART. Aye. 

The CLERK. Ms. Hart votes aye. 

Mr. Flake. 

[No response.] 

The CLERK. Mr. Pence. 

Mr. PENCE. Aye. 

The CLERK. Mr. Pence votes aye. 

Mr. Forbes. 

Mr. FORBES. Aye. 

The CLERK. Mr. Forbes votes aye. 

Mr. King. 

[No response.] 

The CLERK. Mr. Carter. 

Mr. CARTER. Aye. 

The CLERK. Mr. Carter votes aye. 

101

Mr. Feeney. 

Mr. FEENEY. Aye. 

The CLERK. Mr. Feeney votes aye. 

Mrs. Blackburn. 

Mrs. BLACKBURN. Aye. 

The CLERK. Mrs. Blackburn votes aye. 

Mr. Conyers. 

[No response.] 

The CLERK. Mr. Berman. 

[No response.] 

The CLERK. Mr. Boucher. 

[No response.] 

The CLERK. Mr. Nadler. 

[No response.] 

The CLERK. Mr. Scott. 

Mr. SCOTT. No. 

The CLERK. Mr. Scott votes no. 

Mr. Watt. 

Mr. WATT. No. 

The CLERK. Mr. Watt votes no. 

Ms. Lofgren. 

[No response.] 

The CLERK. Ms. Jackson Lee. 

Ms. JACKSON LEE. Present. 

The CLERK. Ms. Jackson Lee, present. 

Ms. Waters. 

[No response.] 

The CLERK. Mr. Meehan. 

[No response.] 

The CLERK. Mr. Delahunt. 

[No response.] 

Mr. Wexler. 

Mr. WEXLER. Aye. 

The CLERK. Mr. Wexler votes aye. 

Ms. Baldwin. 

[No response.] 

The CLERK. Mr. Weiner. 

[No response.] 

The CLERK. Mr. Schiff. 

[No response.] 

The CLERK. Ms. Sa ́nchez. 

Ms. SA ́ NCHEZ. Aye. 

The CLERK. Ms. Sa ́nchez votes aye. 

Mr. Chairman. 

Chairman SENSENBRENNER. Aye. 

The CLERK. Mr. Chairman votes aye. 

Chairman SENSENBRENNER. Are there Members who wish to cast 

or change their votes? If not, the Clerk will report. 

The CLERK. Mr. Chairman, there are 18 ayes, 2 nays, and 1 voting present. 

Chairman SENSENBRENNER. 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. 

102

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 House rules, in which to submit additional dissenting supplemental or minority views. 

The purpose for which this markup was called having been accomplished, the Committee is adjourned. 

[Whereupon, at 3 p.m., the Committee was adjourned.] 

(103)

1 H.R. 412, the National AMBER Alert Network Act of 2003 was introduced on January 28, 

2003, by Representatives Frost and Dunn. The bill currently has 168 cosponsors. 2S. 121, the National AMBER Alert Network Act of 2003 was introduced on January 9, 2003, 

by Senators Feinstein and Hutchinson. The bill unanimously passed the Senate less than 2 

weeks later on January 21, 2003. 

DISSENTING VIEWS

We are very disappointed with the approach 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. 412) 1

and Senate (S. 121) 2 that would authorize a national AMBER 

Alert system to assist local and state authorities in tracking kidnappers that attempt to cross state lines. That bipartisan legislation quickly passed the Senate and it should have quickly passed 

the House and been sent on to the President. Instead, the members 

of this committee have been presented with a bill that includes not 

only the non-controversial AMBER Alert provisions, but several far 

more controversial provisions. These additional provisions include 

two new death penalty offenses, new mandatory minimum sentences, extensions of the use of wiretaps, lifetime supervision, 

elimination of the statute of limitations, a provision that denies 

pre-trial release for certain accused persons, and several other extraneous provisions. 

Our principal concern with H.R. 1104 is that it is bogged down 

with controversial provisions that will, at a minimum, delay 

enaction of the very important and time sensitive AMBER Alert 

provisions of the bill, and may prevent their enaction entirely. Indeed, the Senate has had the opportunity to act on several of the 

controversial provisions in this bill for the past three Congresses 

and has chosen not to on each occasion. For this reason, in the last 

Congress we advised the Majority that the inclusion of these provisions with the AMBER Alert system would doom it, and we were 

right—it did. Nothing suggests any different fate for that approach 

this time. 

Beyond this general and overarching concern, we have specific 

concerns about many of the extraneous provisions included in H.R. 

1104. One of the more controversial measures in the bill is the 

‘‘Two Strikes, You’re Out’’ provision (sec. 106) which calls for a 

mandatory life sentence without parole for a second violation of 

certain sex offenses involving a minor. While this measure was 

amended during Committee markup to drop the provision mandating life without parole for a second consensual sex offense, such 

as high school students touching each other’s private parts, the bill 

retains this draconian consequence for other such offenses, includVerDate Dec 13 2002 23:52 Mar 24, 2003 Jkt 019006 PO 00000 Frm 00103 Fmt 6601 Sfmt 6601 E:\HR\OC\HR47P1.XXX HR47P1
104

3The bill includes violations of 18 U.S.C. 2244(a)(2) which includes touching of private parts. 

4The bill includes violations of 18 U.S.C. 2421 (crossing state lines to commit any illegal sexual activity, or attempting to do so, including, for example, traveling from the District of Columbia to Virginia to commit misdemeanor offenses such as fornication or adultery) and 18 U.S.C. 

2422 (includes adults persuading, inducing or enticing other adults to cross state lines to commit 

fornication or adultery) 5This provision also includes violations of 18 U.S.C. 2244(a)(2). 

6The amendment removed 18 U.S.C. 2243(a) from inclusion under this provision. 

7The amendment removed 18 U.S.C. 2244(a)(2) from inclusion under this provision. 

8The amendment added violations such as adult consensual violations of 18 U.S.C. 2421 and 

2422. 

ing offenses which currently call for a maximum sentence of no 

more than 3 years for a second offense 3. Also among the controversial provisions in the bill is one that repeals the statute of limitations for sex offenses (sec. 202), including 

circumstances where the underlying offense is a misdemeanor between consenting adults 4 and offenses (such as sexual touching) 

now subject to punishment of no more than 3 years for a second 

offense 5. This provision permits the prosecution of an individual 

for relatively minor offenses many years after evidence and memories have become stale, and is likely to lead to manipulations and 

injustices. For example, to gain advantage in a bitter divorce and 

custody dispute, one spouse could raise and establish that the other 

spouse, many years earlier, committed a Federal felony by traveling across state lines to commit a misdemeanor sex offense with 

him or her. 

Yet another controversial provision in the bill seeks to eliminate 

the opportunity for pretrial release on bail of persons accused of 

any one of several enumerated sex offenses (sec. 221). Curiously, 

the Majority amended the bill during Committee markup to remove 

consensual violations involving a teenage minor 6 and sexual contact offenses between adults 7, while adding consensual sex offenses 

between adults.8

Additionally, the bill includes provisions which extend Federal 

wiretap authority (sec. 201). Federal wiretap authority, because of 

its intrusive nature, was originally designed to be used only in the 

most serious cases and only then as a last resort for effective law 

enforcement. Under the terms of the bill, however, FBI wiretap authority is extended to include investigations of sexual acts between 

consenting adults and sexually explicit computer generated images 

that 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. 

Viewing several of the foregoing provisions together, it would be 

entirely possible that many years after the commission of an underlying offense constituting a misdemeanor by consenting adults, 

one of the adults, or both depending upon the circumstances, could 

be subjected to a wiretap, arrested on a Federal felony charge, be 

denied bail on the charge, and if convicted, be placed under supervision for life. 

Moreover, the bill establishes two new death penalty offenses 

(sec. 102). 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 

105

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 13 people were released from death row in Illinois 

following determinations that they were innocent of the crimes for 

which they had been tried and convicted, Governor Ryan of Illinois, 

realizing that there were significant problems with the death penalty in the state, declared a moratorium on executions. He took this 

extraordinary step to seek reassurances that the system worked reliably in determining an individual’s innocence or guilt. Before resuming executions, he also wanted to be certain that no other innocent individuals would be sentenced to death. After more than a 

year of study and assessment of the capital punishment system in 

his state, he was unable to conclude that there were sufficient safeguards during the trial, conviction and sentencing in the remaining 

death row cases in the state to assure that none were wrongfully 

sentenced to death. As a result, he commuted the sentences of the 

remaining death row inmates to life in prison 

Some death penalty proponents have argued that the problems 

discovered in Illinois were highly unusual. In fact, the error rate 

in Illinois is 66%, slightly lower than the national average of 68%. 

Problems with the bill’s mandatory minimum provisions (sec. 103 

& 104) are equally troubling. Mandatory minimum sentences have 

been studied extensively and have been shown to 1) be ineffective 

in preventing crime, 2) distort the sentencing process and 3) be a 

considerable waste of the taxpayers’ money. Weighing in on this 

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 scholars, justices and policy analysts all agree and oppose 

such controversial provisions, the Majority’s inclusion of these policies clearly indicates that it has gone out of its way to load the bill 

up and make it more difficult for some Members to support this 

legislation. 

We would also note that provisions in the bill concerning supervised release terms and sex tourism are not without controversy. 

We would again note that whatever the merits or demerits of these 

matters, they are best handled in separate legislation, rather than 

though the AMBER Alert vehicle. The provision concerning supervised release terms (sec. 101) would grant judges the discretion to 

extend the term of post-release supervision for sex offenses up to 

a maximum of life would apply so broadly that it would include an 

offense whose term of imprisonment is currently a maximum of 3 

years. The provision extending the reach of the sex tourism law 

(sec. 105) goes so far as to make it a criminal offense for an individual to travel abroad and have sex with a minor even if the defendant did not travel with such intent. Provisions such as this 

bring us far beyond the core AMBER Alert issue. 

In addition, the impact of H.R. 1104, as presently constituted, 

will have a grossly unfair impact on Native Americans. Since the 

provisions only apply where there is Federal jurisdiction, approxiVerDate Dec 13 2002 23:52 Mar 24, 2003 Jkt 019006 PO 00000 Frm 00105 Fmt 6601 Sfmt 6601 E:\HR\OC\HR47P1.XXX HR47P1
106

9Fed. Reg. Feb. 12, 2003, Vol. 68, No. 29, Pg. 7164–67. 

mately 75% of those subject to the new draconian penalties will be 

Native Americans residing on reservations. 

We also cannot agree that the technical changes made by the 

Majority at markup remedy some sort of egregious drafting ‘‘errors’’ in the Senate bill and somehow justify not permitting the House 

to vote on the Senate passed clean AMBER Alert bill. With no advance notice to the Minority, the Majority offered two amendments 

to make these so-called ‘‘fixes.’’ The first such amendment, offered by the Crime Subcommittee 

Chairman, would strike an existing grant program in the bill, 

which would require the Secretary of Transportation to 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. This provision would have allowed the Secretary of Transportation to provide grants to states for any purpose consistent 

with the goals of the program. The Majority’s amendment replaced 

that provision with language that narrowed the permissible uses of 

the grant money. This amendment could work counter to its own 

stated rationale: while its stated purpose was to insure that existing programs were covered by the bill’s language, it actually narrowed the scope of existing programs that could be covered. In any 

event, the language in the Senate passed bill gives the Secretary 

of Transportation more than adequate authority to insure that any 

existing AMBER programs continue to be funded and utilized. 

In addition, the Majority sought to make much of the fact that 

this amendment permits DOT to pay for up to 80% of an AMBER 

program, rather than 50% under the Senate bill, and that this conformed the bill to current DOT procedures. Lost in the discussion 

was the fact that the DOT program was only announced on February 6,9 and could quite easily be configured to conform to Senate 

passed bill. As a matter of fact, not a single grant application has 

even been received by the Department as of today, let alone a grant 

acted on. So again, it is impossible that the 50% matching requirement could disturb any existing grant whatsoever. Beyond that, 

given the limited funds available in the current budget environment, it is quite obvious that the 50% requirement would permit 

the funds to go much farther and benefit more children and families. 

The second such amendment, offered by Chairman Sensenbrenner, would require that law enforcement agencies also disseminate, to the maximum extent practicable, information related to 

special needs children to law enforcement, public health and other 

public officials. It was asserted that this amendment would place 

health care professionals on the alert for missing children with 

medical problems who may be brought to hospitals by their captors 

for medical attention. This amendment may also conceivably be 

counterproductive—it is quite possible a captor will be more likely 

to deny a child access to medical care if he believes that a consequence of providing such access is that a doctor will alert law enforcement officials as to the child’s whereabouts. In any event, we 

believe this change can easily be handled by the various departVerDate Dec 13 2002 23:52 Mar 24, 2003 Jkt 019006 PO 00000 Frm 00106 Fmt 6601 Sfmt 6601 E:\HR\OC\HR47P1.XXX HR47P1
107

10Press Conference with Senators Hutchison and Feinstein in Washington, DC. (March 13, 

2003). Transcript provided by CNN. 11Letter from Governors Gray Davis (CA) and Mark Warner (VA) to James Sensenbrenner, 

Chairman of the House Judiciary Committee (March 18, 2003). 12Press Release, The Polly Klaas Foundation, The PKF Urges Congress to Immediately Pass 

H.R. 412 as a Freestanding Bill (Date Not Specified). 13Press Release, Ed Smart, Regarding the National AMBER Alert Network Act (March 13, 

2003). 

ments and agencies that will implement the AMBER Alert law and 

hardly justifies delaying the passage of the clean AMBER legislation. Again, neither of these two ‘‘technical’’ amendments rise to 

the level that they warrant delaying passage of the Senate passed 

AMBER Alert bill. 

CONCLUSION

We believe it is unnecessary and counterproductive to weigh 

down the AMBER Alert provision with the highly controversial 

measures described above. 

Similar sentiments, on this point, have been echoed by Ed Smart, 

the father of Elizabeth Smart; various child advocacy groups, including the Polly Klaas Foundation; California Governor Gray 

Davis, Virginia Governor Mark Warner and Sen. Kay Bailey 

Hutchison (R-TX) who have all called upon the House to enact an 

AMBER Alert bill unencumbered by proposals which will prevent 

it from being quickly signed into law. 

During a recent press conference on this issue, Sen. Hutchison 

pleaded with the Majority to ‘‘consider letting [her] bill go.’’ 10 In a 

joint letter, Governors Davis and Warner urge House leaders to 

quickly enact an AMBER Alert bill ‘‘unfettered by additional proposals’’.11 In weighing in on the issue, the Klaas Foundation emphatically declared that, ‘‘the Senate quickly passed a stand-alone 

AMBER Alert bill months ago, and the House should do the same 

now.’’ 12 And in a statement released by Mr. Smart, he confirms 

that H.R. 1104 ‘‘is encumbered by its size and complexity’’ which 

explains why ‘‘. . . passing AMBER Alert as stand alone legislation is critical.’’ 13

Unfortunately, in demonstrating its unwillingness to compromise, the Majority refused a request in a March 17, 2003, letter 

to Chairman Sensenbrenner signed by all the Democratic members 

of the Committee to add S. 121, the Senate-passed ‘‘National 

AMBER Alert Network Act of 2003,’’ as an agenda item to the Judiciary Committee’s markup scheduled for Tuesday, March 18, 

2003, so that provision could move forward. We would urge the Majority to reconsider this decision and allow the Members to vote on 

a clean AMBER Alert bill.

JOHN CONYERS, JR. 

ROBERT C. SCOTT. 

MELVIN L. WATT. 

(109)

1Press Release, Ed Smart, Regarding the National AMBER Alert Network Act (March 13, 

2003). 2Press Release, The Polly Klaas Foundation, The PKF Urges Congress to Immediately Pass 

H.R. 412 as a Freestanding Bill (Date Not Specified). 3Letter from Governors Gray Davis (CA) and Mark Warner (VA) to James Sensenbrenner, 

Chairman of the House Judiciary Committee (March 18, 2003). 4See Letter from Governors Davis and Warner, supra note 3. 5Press Conference with Senators Hutchison and Feinstein in Washington, DC. (March 13, 

2003). Transcript provided by CNN. 6 Id.

7See Letter from Governors Davis and Warner, supra note 3. 8See the Polly Klaas Foundation press release, supra note 2. 9See Ed Smart press release, supra note 1. 10 House of Representatives Committee on the Judiciary Markup Transcript of H.R. 1104, the 

‘‘Child Abduction Prevention Act of 2003.’’ (March 18, 2003) (Comments of Chairman Jim Sensenbrenner, p. 46) 

MINORITY VIEWS

We write these Minority views to express our disappointment 

that the Committee did not also markup a ‘‘clean’’ AMBER Alert 

bill. That intent was communicated to the Chairman in a March 

17, 2003 letter requesting that S.121, the ‘‘National AMBER Alert 

Network Act of 2003,’’ which unanimously passed the Senate earlier this year and had already been referred to the Committee for 

consideration, be added to the scheduled markup of H.R. 1104. The 

letter, a copy of which is attached hereto, was signed by all of the 

Democratic members of this Committee. This letter reflects a consensus that we could and should swiftly pass the AMBER Alert 

provisions of this bill, clearing it for the President’s signature, with 

the utmost dispatch. The remainder of H.R. 1104 could then be 

considered on its merits and proceed on a separate track without 

jeopardizing the AMBER Alert provisions of the bill. 

The pressing need for a freestanding AMBER bill has been supported by Ed Smart 1 (the father of Elizabeth Smart); various child 

advocacy groups, including the Polly Klaas Foundation; 2 California 

Governor Gray Davis; 3 Virginia Governor Mark Warner 4 and Sen. 

Kay Bailey Hutchison (R-TX),5 who have all called upon the House 

to enact a clean AMBER Alert bill. Indeed, during a recent press 

conference on this issue, Sen. Hutchison pleaded with the Majority 

to ‘‘consider letting [her] bill go.’’ 6 In a joint letter, Governors Davis 

and Warner urged House leaders to quickly enact an AMBER Alert 

bill ‘‘unfettered by additional proposals.’’ 7 Weighing in on the issue, 

the Klaas Foundation reminded us that ‘‘the Senate quickly passed 

a stand-alone AMBER Alert bill months ago’’ and went on to add 

that, ‘‘the House should do the same now.’’ 8 And, finally, in a statement released by Mr. Smart, he simply declared that ‘‘passing 

AMBER Alert as stand alone legislation is critical.’’ 9

Despite this plea from child advocacy groups, Republican legislators, and state officials, some in the Majority continue to dismiss 

the value of the AMBER legislation by asserting that much of it 

has already been implemented by Executive Order.10 In fact, the 

110

11White House Press Conference on Missing, Exploited and Runaway Children (October 2, 

2002). 

freestanding AMBER bill introduced in the House and already 

passed by the Senate considerably improve upon the President’s 

initiative in two meaningful ways. First, it codifies his previous 

proposals, thereby making them permanent. Second, it more than 

doubles the available funding to states, thereby enabling them to 

establish or improve upon their already existing education and 

communication systems. The President himself, as he announced 

his own initiative, indicated that House passage of the freestanding 

bill was critical.11

We therefore reiterate our hope that when H.R. 1104 comes to 

the floor, Members are also given the opportunity to vote for a 

clean AMBER bill so that such legislation can be forwarded directly 

to the President for his signature. The National Center for Missing 

and Exploited Children has indicated that if a child is not found 

within 24 hours, the chances of finding that child are very, very remote. We therefore believe it is imperative that AMBER Alert legislation be enacted immediately.

111


Mviews1.eps
112

JOHN CONYERS, JR. 

HOWARD L. BERMAN. 

JERROLD NADLER. 

ROBERT C. SCOTT. 

MELVIN L. WATT. 

ZOE LOFGREN. 

SHEILA JACKSON LEE. 

MAXINE WATERS. 

MARTIN T. MEEHAN. 

WILLIAM D. DELAHUNT. 

TAMMY BALDWIN. 

ANTHONY D. WEINER. 

ADAM B. SCHIFF. 

LINDA T. SA ́ NCHEZ.

Æ


Mviews2.eps