I 
107TH CONGRESS 
2D SESSION 
H. R. 5422
To prevent child abduction, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 19, 2002
Mr. SENSENBRENNER (for himself, Mr. SMITH of Texas, and Mr. GEKAS) in-
troduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committees on Transportation and In-
frastructure, Armed Services, and Education and the Workforce, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To prevent child abduction, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Child Abduction Pre-
vention Act’’.
TITLE I—SANCTIONS AND 
OFFENSES 
SEC. 101. SUPERVISED RELEASE TERM FOR SEX OFFEND-
ERS. 
Section 3583 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(k) SUPERVISED RELEASE TERMS FOR SEX OF-
FENDERS.—Notwithstanding subsection (b), the author-
ized term of supervised release for any offense under sec-
tion 1201 involving a victim who has not attained the age 
of 18 years, and for any offense under chapter 109A, 110, 
117, or section 1591 is any term of years or life.’’. 
SEC. 102. FIRST DEGREE MURDER FOR CHILD ABUSE AND 
CHILD TORTURE MURDERS.
Section 1111 of title 18, United States Code, is 
amended—
(1) in subsection (a)—
(A) by inserting ‘‘child abuse,’’ after ‘‘sex-
ual 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 con-
trol; 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 caus-
ing death or serious bodily injury—
‘‘(A) means causing death or serious bodily 
injury under circumstances in which the perpe-
trator 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 other-
wise 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’’ and inserting ‘‘50’’; 
(B) in section 2252(b)(1)—
(i) by striking ‘‘15’’ and inserting ‘‘20’’; 
and 
(ii) by striking ‘‘30’’ and inserting ‘‘40’’; 
(C) in section 2252(b)(2)—
(i) by striking ‘‘5’’ and inserting ‘‘10’’; and 
(ii) by striking ‘‘10’’ and inserting ‘‘20’’; 
(D) in section 2252A(b)(1)—
(i) by striking ‘‘15’’ and inserting ‘‘20’’; 
and 
(ii) by striking ‘‘30’’ and inserting ‘‘40’’; 
and 
(E) in section 2252A(b)(2)—
(i) by striking ‘‘5’’ and inserting ‘‘10’’; and
(ii) by striking ‘‘10’’ and inserting ‘‘20’’. 
(2) Chapter 117 of title 18, United States Code, is 
amended—
(A) in section 2422(a), by striking ‘‘10’’ and in-
serting ‘‘20’’; 
(B) in section 2422(b), by striking ‘‘15’’ and 
inserting ‘‘30’’; 
(C) in section 2423(a), by striking ‘‘15’’ and in-
serting ‘‘30’’; and 
(D) in section 2423(b), by striking ‘‘15 years’’ 
and inserting ‘‘30 years’’. 
(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’’ 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 insert-
ing ‘‘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 insert-
ing ‘‘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 insert-
ing ‘‘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 insert-
ing ‘‘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 insert-
ing ‘‘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,’’; 
(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,’’; and 
(D) in section 2423(b)—
(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 Guide-
lines, 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 sec-
tion 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 is amended by striking ‘‘shall be sub-
ject to paragraph (2)’’ in paragraph (1) and all that fol-
lows 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 resi-
dence in the United States who travels in foreign com-
merce, for the purpose of engaging in any illicit sexual
conduct with another person shall be fined under this title 
or imprisoned not more than 15 years, or both. 
‘‘(c) ENGAGING IN ILLICIT SEXUAL CONDUCT IN 
FOREIGN PLACES.—Any United States citizen or alien ad-
mitted for permanent residence who travels in foreign 
commerce, and engages in any illicit sexual conduct with 
another person shall be fined under this title or imprisoned 
not more than 15 years, or both. 
‘‘(d) ANCILLARY OFFENSES.—Whoever arranges, in-
duces, procures, or facilitates the travel of a person know-
ing that such a person is traveling in interstate commerce 
or foreign commerce for the purpose of engaging in illicit 
sexual conduct shall be fined under this title, imprisoned 
not more than 15 years, or both. 
‘‘(e) ATTEMPT
AND
CONSPIRACY.—Whoever at-
tempts 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 
bsaed 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 defend-
ant 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 fol-
lowing new subsection: 
‘‘(e) MANDATORY LIFE IMPRISONMENT
FOR RE-
PEATED SEX OFFENSES AGAINST CHILDREN.—
‘‘(1) IN GENERAL.—A person who is convicted 
of a Federal sex offense in which a minor is the vic-
tim 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 im-
posed. 
‘‘(2) DEFINITIONS.—For the purposes of this 
subsection—
‘‘(A) the term ‘Federal sex offense’ 
means—
‘‘(i) an offense under section 2241 
(relating to aggravated sexual abuse), 
2242 (relating to sexual abuse), 2243(a) 
(relating to sexual abuse of a minor), 
2244(a)(1) or (2) (relating to abusive sex-
ual contact), 2245 (relating to sexual 
abuse resulting in death), or 2251A (relat-
ing to selling or buying of children); or 
‘‘(ii) an offense under section 2423(a) 
(relating to transportation of minors) in-
volving prostitution or sexual activity con-
stituting 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 applica-
ble 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 com-
monwealth, 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 Gov-
ernment of the United States, or in the In-
dian 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 and 
2426 of title 18, United States Code, are each amended 
by inserting ‘‘, unless section 3559(e) applies’’ before the 
final period.
TITLE II—INVESTIGATIONS AND 
PROSECUTIONS 
Subtitle A—Law Enforcement Tools 
To Protect Children 
SEC. 201. LAW ENFORCEMENT TOOLS TO PROTECT CHIL-
DREN. 
(a) IN GENERAL.—Section 2516(1) of title 18, 
United States Code, is amended—
(1) in subparagraph (a), by inserting after 
‘‘chapter 37 (relating to espionage),’’ the following: 
‘‘chapter 55 (relating to kidnapping),’’; and 
(2) in subparagraph (c)—
(A) by striking ‘‘2251 and 2252’’ and in-
serting ‘‘2251, 2251A, 2252, and 2252A’’; and 
(B) by inserting ‘‘section 2423(b) (relating 
to travel with intent to engage in a sexual act 
with a juvenile),’’ after ‘‘motor vehicle parts),’’. 
(b) TRANSPORTATION FOR ILLEGAL SEXUAL ACTIV-
ITY.—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 fol-
lowing:
‘‘(r) a violation of section 2422 (relating to co-
ercion and enticement) and section 2423(a) (relating 
to transportation of minors) of this title, if, in con-
nection with that violation, the intended sexual activ-
ity 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, regard-
less of where it actually occurred or was intended to 
occur; or’’; and 
(3) by redesignating paragraph (r) as para-
graph (s). 
SEC. 202. NO STATUTE OF LIMITATIONS FOR CHILD ABDUC-
TION 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:
‘‘§ 3296. Child abduction and sex offenses 
‘‘Notwithstanding any other provision of law, an in-
dictment may be found or an information instituted at any 
time without limitation for any offense under section 1201 
involving a minor victim, and for any felony under chapter 
109A, 110, or 117, or section 1591.’’.
(2) The table of sections at the beginning of such 
chapter is amended by adding at the end the following 
new item:
‘‘3296. Child abduction and sex offenses.’’.
(b) MILITARY CASES.—Section 843 of title 10, 
United States Code (Article 43 of the Uniform Code of 
Military Justice) is amended—
(1) in subsection (a), by inserting ‘‘with any of-
fense involving kidnapping or abduction of a person 
below the age of 18, with any offense involving sex-
ual abuse that is punishable by confinement for 
more than one year,’’ before ‘‘or with’’; and 
(2) in subsection (c)—
(A) by inserting ‘‘(1)’’ before ‘‘Periods’’; 
and 
(B) by adding at the end the following: 
‘‘(2) No period of limitation that would otherwise pre-
clude prosecution for an offense involving the sexual or 
physical abuse of a person under the age of 18 years shall 
preclude such prosecution before the person reaches the 
age of 25 years.’’. 
(c) APPLICATION.—The amendments made by this 
section shally apply to the prosecution of any offense com-
mitted 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 ‘‘2247(c),’’ before ‘‘or 2332b’’. 
Subtitle C—No Waiting Period To 
Report 
Missing 
Children 
‘‘Suzanne’s Law’’
SEC. 241. AMENDMENT. 
Section 3701(a) of the Crime Control Act of 1990 
(42 U.S.C. 5779(a)) is amended by striking ‘‘age of 18’’ 
and inserting ‘‘age of 21’’. 
Subtitle D—Recordkeeping to Dem-
onstrate Minors Were Not Used 
in Production of Pornography 
SEC. 261. RECORDKEEPING TO DEMONSTRATE MINORS 
WERE NOT USED IN PRODUCTION OF POR-
NOGRAPHY. 
Not later than 1 year after enactment of this Act, 
the Attorney General shall submit to Congress a report 
detailing the number of times since January 1993 that 
the Department of Justice has inspected the records of 
any producer of materials regulated pursuant to section
SEC. 303. GRANT PROGRAM FOR NOTIFICATION AND COM-
MUNICATIONS SYSTEMS ALONG HIGHWAYS 
FOR RECOVERY OF ABDUCTED CHILDREN. 
(a) PROGRAM REQUIRED.—The Secretary of Trans-
portation shall carry out a program to provide grants to 
States for the development or enhancement of notification 
or communications systems along highways for alerts and 
other information for the recovery of abducted children. 
(b) ACTIVITIES.—Activities funded by grants under 
the program under subsection (a) may include—
(1) the development or enhancement of elec-
tronic message boards along highways and the place-
ment of additional signage along highways; and 
(2) the development or enhancement of other 
means of disseminating along highways alerts and 
other information for the recovery of abducted chil-
dren. 
(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 GEO-
GRAPHIC BASIS.—The Secretary shall, to the maximum 
extent practicable, ensure the distribution of grants under 
the program under subsection (a) on an equitable basis 
throughout the various regions of the United States.
(e) ADMINISTRATION.—The Secretary shall prescribe 
requirements, including application requirements, for 
grants under the program under subsection (a). 
(f) 
AUTHORIZATION
OF
APPROPRIATIONS.—(1) 
There is authorized to be appropriated for the Department 
of Transportation $20,000,000 for fiscal year 2003 to 
carry out this section. 
(2) Amounts appropriated pursuant to the authoriza-
tion of appropriations in paragraph (1) shall remain avail-
able until expended. 
SEC. 304. GRANT PROGRAM FOR SUPPORT OF AMBER 
ALERT COMMUNICATIONS PLANS. 
(a) PROGRAM REQUIRED.—The Attorney General 
shall carry out a program to provide grants to States for 
the development or enhancement of programs and activi-
ties 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 edu-
cation and training programs, and associated mate-
rials, relating to AMBER Alert communications 
plans; 
(2) the development and implementation of law 
enforcement programs, and associated equipment,
relating to AMBER Alert communications plans; 
and 
(3) such other activities as the Secretary con-
siders 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 GEO-
GRAPHIC BASIS.—The Attorney General shall, to the max-
imum 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 require-
ments, for grants under the program under subsection (a). 
(f) 
AUTHORIZATION
OF
APPROPRIATIONS.—(1) 
There is authorized to be appropriated for the Department 
of Justice $5,000,000 for fiscal year 2003 to carry out 
this section. 
(2) Amounts appropriated pursuant to the authoriza-
tion of appropriations in paragraph (1) shall remain avail-
able until expended.
SEC. 305. INCREASED SUPPORT. 
Section 404(b)(2) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5773(b)(2)) is 
amended by striking ‘‘2002 and 2003’’ and inserting ‘‘and 
2002 and $20,000,000 for each of fiscal years 2003 and 
2004’’. 
SEC. 306. SEX OFFENDER APPREHENSION PROGRAM. 
Section 1701(d) of part Q of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd(d)) is amended—
(1) by redesignating paragraphs (10) and (11) 
as (1) and (12), respectively; and 
(2) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) assist a State in enforcing a law through-
out the State which requires that a convicted sex of-
fender register his or her address with a State or 
local law enforcement agency and be subject to 
criminal prosecution for failure to comply;’’.
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