107TH CONGRESS
2D SESSION
H. R. 5422
AN ACT
To prevent child abduction, and for other purposes.
107TH CONGRESS
2D SESSION
H. R. 5422
AN ACT
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’’ the first place it ap-
pears 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’’; and
(C) in section 2423(a), by striking ‘‘15’’ and in-
serting ‘‘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 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’’; 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 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, United States Code, is amended by
striking ‘‘shall be subject to paragraph (2)’’ in paragraph
(1) and all that follows through paragraph (2) and insert-
ing ‘‘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-
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 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(a)
and 2426(a) of title 18, United States Code, are each
amended by inserting ‘‘, unless section 3559(e) applies’’
before the final period.
TITLE II—INVESTIGATIONS AND
PROSECUTIONS
Subtitle A—Law Enforcement Tools
To Protect Children
SEC. 201. LAW ENFORCEMENT TOOLS TO PROTECT 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) APPLICATION.—The amendments made by this
section shall 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—
(1) by inserting ‘‘1201 (if the victim has not at-
tained the age of 18 years), 1591 (if the victim has
not attained the age of 18 years),’’ before ‘‘or
2332b’’; and
(2) by striking ‘‘of title 18 of the United States
Code’’ and inserting ‘‘or a felony offense under
chapter 109A, 110, or 117 where a victim has not
attained the age of 18 years’’.
Subtitle C—No Waiting Period To
Report 
Missing 
Children
‘‘Suzanne’s Law’’
SEC. 241. AMENDMENT.
Section 3701(a) of the Crime Control Act of 1990
(42 U.S.C. 5779(a)) is amended by striking ‘‘age of 18’’
and inserting ‘‘age of 21’’.
Subtitle D—Recordkeeping to 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
2257 of title 18, United States Code, and section 75 of
title 28 of the Code of Federal Regulations. The Attorney
General shall indicate the number of violations prosecuted
as a result of those inspections.
TITLE III—PUBLIC OUTREACH
SEC. 301. NATIONAL COORDINATION OF AMBER ALERT
COMMUNICATIONS NETWORK.
(a) COORDINATION WITHIN DEPARTMENT OF JUS-
TICE.—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 Depart-
ment of Justice.
(b) DUTIES.—In acting as the national coordinator
of the AMBER Alert communications network, the Coor-
dinator shall—
(1) seek to eliminate gaps in the network, in-
cluding gaps in areas of interstate travel;
(2) work with States to encourage the develop-
ment of additional elements (known as local
AMBER plans) in the network;
(3) work with States to ensure appropriate re-
gional coordination of various elements of the net-
work; and
(4) act as the nationwide point of contact for—
(A) the development of the network; and
(B) regional coordination of alerts on ab-
ducted children through the network.
(c) CONSULTATION WITH FEDERAL BUREAU OF IN-
VESTIGATION.—In carrying out duties under subsection
(b), the Coordinator shall notify and consult with the Di-
rector 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 DIS-
SEMINATION 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 es-
tablished under subsection (a) shall be adoptable on a vol-
untary 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 agen-
cies), provide that the dissemination of an alert through
the AMBER Alert communications network be limited to
the geographic areas most likely to facilitate the recovery
of the abducted child concerned.
(3) In carrying out activities under subsection (a),
the Coordinator may not interfere with the current system
of voluntary coordination between local broadcasters and
State and local law enforcement agencies for purposes of
the AMBER Alert communications network.
(c) COOPERATION.—(1) The Coordinator shall co-
operate with the Secretary of Transportation and the Fed-
eral Communications Commission in carrying out activi-
ties under this section.
(2) The Coordinator shall also cooperate with local
broadcasters and State and local law enforcement agencies
in establishing minimum standards under this section.
SEC. 303. GRANT PROGRAM FOR NOTIFICATION AND 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 (11) 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;’’.
TITLE IV—MISCELLANEOUS
SEC. 401. FORENSIC AND INVESTIGATIVE SUPPORT OF
MISSING AND EXPLOITED CHILDREN.
Section 3056 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(f) Under the direction of the Secretary of the
Treasury, officers and agents of the Secret Service are au-
thorized, at the request of any State or local law enforce-
ment agency, or at the request of the National Center for
Missing and Exploited Children, to provide forensic and
investigative assistance in support of any investigation in-
volving missing or exploited children.’’.
Passed the House of Representatives October 8,
2002.
Attest:
Clerk.