PROTECT Act
PL 108-21 (S.151), enacted 04/30/2003

117 STAT. 650
PUBLIC LAW 108–21—APR. 30, 2003
Public Law 108–21
108th Congress
An Act
To prevent child abduction and the sexual exploitation of children, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Prosecutorial
Remedies and Other Tools to end the Exploitation of Children
Today Act of 2003’’ or ‘‘PROTECT Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Severability.
TITLE I—SANCTIONS AND OFFENSES
Sec. 101. Supervised release term for sex offenders.
Sec. 102. First degree murder for child abuse and child torture murders.
Sec. 103. Sexual abuse penalties.
Sec. 104. Stronger penalties against kidnapping.
Sec. 105. Penalties against sex tourism.
Sec. 106. Two strikes you’re out.
Sec. 107. Attempt liability for international parental kidnapping.
Sec. 108. Pilot program for national criminal history background checks and feasi-
bility study.
TITLE II—INVESTIGATIONS AND PROSECUTIONS
Sec. 201. Interceptions of communications in investigations of sex offenses.
Sec. 202. No statute of limitations for child abduction and sex crimes.
Sec. 203. No pretrial release for those who rape or kidnap children.
Sec. 204. Suzanne’s law.
TITLE III—PUBLIC OUTREACH
Subtitle A—AMBER Alert
Sec. 301. National coordination of AMBER alert communications network.
Sec. 302. Minimum standards for issuance and dissemination of alerts through
AMBER alert communications network.
Sec. 303. Grant program for notification and communications systems along high-
ways for recovery of abducted children.
Sec. 304. Grant program for support of AMBER alert communications plans.
Sec. 305. Limitation on liability.
Subtitle B—National Center for Missing and Exploited Children
Sec. 321. Increased support.
Sec. 322. Forensic and investigative support of missing and exploited children.
Sec. 323. Creation of cyber tipline.
Subtitle C—Sex Offender Apprehension Program
Sec. 341. Authorization.
Subtitle D—Missing Children Procedures in Public Buildings
Sec. 361. Short title.
Prosecutorial
Remedies and
Other Tools to
end the
Exploitation of
Children Today
Act of 2003.
18 USC 1 note.
Apr. 30, 2003
[S. 151]
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00676
Fmt 6580
Sfmt 6582
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 651
PUBLIC LAW 108–21—APR. 30, 2003
Sec. 362. Definitions.
Sec. 363. Procedures in public buildings regarding a missing or lost child.
Subtitle E—Child Advocacy Center Grants
Sec. 381. Information and documentation required by Attorney General under Vic-
tims of Child Abuse Act of 1990.
TITLE IV—SENTENCING REFORM
Sec. 401. Sentencing reform.
TITLE V—OBSCENITY AND PORNOGRAPHY
Subtitle A—Child Obscenity and Pornography Prevention
Sec. 501. Findings.
Sec. 502. Improvements to prohibition on virtual child pornography.
Sec. 503. Certain activities relating to material constituting or containing child por-
nography.
Sec. 504. Obscene child pornography.
Sec. 505. Admissibility of evidence.
Sec. 506. Extraterritorial production of child pornography for distribution in the
United States.
Sec. 507. Strengthening enhanced penalties for repeat offenders.
Sec. 508. Service provider reporting of child pornography and related information.
Sec. 509. Investigative authority relating to child pornography.
Sec. 510. Civil remedies.
Sec. 511. Recordkeeping requirements.
Sec. 512. Sentencing enhancements for interstate travel to engage in sexual act
with a juvenile.
Sec. 513. Miscellaneous provisions.
Subtitle B—Truth in Domain Names
Sec. 521. Misleading domain names on the Internet.
TITLE VI—MISCELLANEOUS PROVISIONS
Sec. 601. Penalties for use of minors in crimes of violence.
Sec. 602. Sense of Congress.
Sec. 603. Communications Decency Act of 1996.
Sec. 604. Internet availability of information concerning registered sex offenders.
Sec. 605. Registration of child pornographers in the national sex offender registry.
Sec. 606. Grants to States for costs of compliance with new sex offender registry
requirements.
Sec. 607. Safe ID Act.
Sec. 608. Illicit Drug Anti-Proliferation Act.
Sec. 609. Definition of vehicle.
Sec. 610. Authorization of John Doe DNA indictments.
Sec. 611. Transitional housing assistance grants for child victims of domestic vio-
lence, stalking, or sexual assault.
SEC. 2. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, is held invalid, the remainder of
this Act, and the application of such provision to other persons
not similarly situated or to other circumstances, shall not be affected
by such invalidation.
TITLE I—SANCTIONS AND OFFENSES
SEC. 101. SUPERVISED RELEASE TERM FOR SEX OFFENDERS.
Section 3583 of title 18, United States Code, is amended—
(1) in subsection (e)(3), by inserting ‘‘on any such revoca-
tion’’ 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:
18 USC 1 note.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00677
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 652
PUBLIC LAW 108–21—APR. 30, 2003
‘‘(k) Notwithstanding subsection (b), the authorized term of
supervised release for any offense under section 1201 involving
a minor victim, and for any offense under section 1591, 2241,
2242, 2244(a)(1), 2244(a)(2), 2251, 2251A, 2252, 2252A, 2260, 2421,
2422, 2423, or 2425, is any term of years or life.’’.
SEC. 102. FIRST DEGREE MURDER FOR CHILD ABUSE AND CHILD TOR-
TURE MURDERS.
Section 1111 of title 18, United States Code, is amended—
(1) in subsection (a)—
(A) by inserting ‘‘child abuse,’’ after ‘‘sexual abuse,’’;
and
(B) by inserting ‘‘or perpetrated as part of a pattern
or practice of assault or torture against a child or children;’’
after ‘‘robbery;’’; and
(2) by inserting at the end the following:
‘‘(c) For purposes of this section—
‘‘(1) the term ‘assault’ has the same meaning as given
that term in section 113;
‘‘(2) the term ‘child’ means a person who has not attained
the age of 18 years and is—
‘‘(A) under the perpetrator’s care or control; or
‘‘(B) at least six years younger than the perpetrator;
‘‘(3) the term ‘child abuse’ means intentionally or knowingly
causing death or serious bodily injury to a child;
‘‘(4) the term ‘pattern or practice of assault or torture’
means assault or torture engaged in on at least two occasions;
‘‘(5) the term ‘serious bodily injury’ has the meaning set
forth in section 1365; and
‘‘(6) the term ‘torture’ means conduct, whether or not com-
mitted under the color of law, that otherwise satisfies the
definition set forth in section 2340(1).’’.
SEC. 103. SEXUAL ABUSE PENALTIES.
(a) MAXIMUM PENALTY INCREASES.—(1) Chapter 110 of title
18, United States Code, is amended—
(A) in section 2251(d)—
(i) by striking ‘‘20’’ and inserting ‘‘30’’; and
(ii) by striking ‘‘30’’ the first place it appears and
inserting ‘‘50’’;
(B) in section 2252(b)(1)—
(i) by striking ‘‘15’’ and inserting ‘‘20’’; and
(ii) by striking ‘‘30’’ and inserting ‘‘40’’;
(C) in section 2252(b)(2)—
(i) by striking ‘‘5’’ and inserting ‘‘10’’; and
(ii) by striking ‘‘10’’ and inserting ‘‘20’’;
(D) in section 2252A(b)(1)—
(i) by striking ‘‘15’’ and inserting ‘‘20’’; and
(ii) by striking ‘‘30’’ and inserting ‘‘40’’; and
(E) in section 2252A(b)(2)—
(i) by striking ‘‘5’’ and inserting ‘‘10’’; and
(ii) by striking ‘‘10’’ and inserting ‘‘20’’.
(2) Chapter 117 of title 18, United States Code, is amended—
(A) in section 2422(a), by striking ‘‘10’’ and inserting ‘‘20’’;
(B) in section 2422(b), by striking ‘‘15’’ and inserting ‘‘30’’;
and
(C) in section 2423(a), by striking ‘‘15’’ and inserting ‘‘30’’.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00678
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 653
PUBLIC LAW 108–21—APR. 30, 2003
(3) Section 1591(b)(2) of title 18, United States Code, is
amended by striking ‘‘20’’ and inserting ‘‘40’’.
(b) MINIMUM PENALTY INCREASES.—(1) Chapter 110 of title
18, United States Code, is amended—
(A) in section 2251(d)—
(i) by striking ‘‘or imprisoned not less than 10’’ and
inserting ‘‘and imprisoned not less than 15’’;
(ii) by striking ‘‘and both,’’;
(iii) by striking ‘‘15’’ and inserting ‘‘25’’; and
(iv) by striking ‘‘30’’ the second place it appears and
inserting ‘‘35’’;
(B) in section 2251A (a) and (b), by striking ‘‘20’’ and
inserting ‘‘30’’;
(C) in section 2252(b)(1)—
(i) by striking ‘‘or imprisoned’’ and inserting ‘‘and
imprisoned not less than 5 years and’’;
(ii) by striking ‘‘or both,’’; and
(iii) by striking ‘‘5’’ and inserting ‘‘15’’;
(D) in section 2252(b)(2), by striking ‘‘2’’ and inserting
‘‘10’’;
(E) in section 2252A(b)(1)—
(i) by striking ‘‘or imprisoned’’ and inserting ‘‘and
imprisoned not less than 5 years and’’;
(ii) by striking ‘‘or both,’’; and
(iii) by striking ‘‘5’’ and inserting ‘‘15’’; and
(F) in section 2252A(b)(2), by striking ‘‘2’’ and inserting
‘‘10’’.
(2) Chapter 117 of title 18, United States Code, is amended—
(A) in section 2422(b)—
(i) by striking ‘‘, imprisoned’’ and inserting ‘‘and impris-
oned not less than 5 years and’’; and
(ii) by striking ‘‘, or both’’; and
(B) in section 2423(a)—
(i) by striking ‘‘, imprisoned’’ and inserting ‘‘and impris-
oned 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 offense level for kidnapping in section
2A4.1(a) is increased from level 24 to level 32;
(2) so as to delete section 2A4.1(b)(4)(C); and
(3) so that the increase provided by section 2A4.1(b)(5)
is 6 levels instead of 3.
(b) MINIMUM MANDATORY SENTENCE.—Section 1201(g) of title
18, United States Code, is amended by striking ‘‘shall be subject
to paragraph (2)’’ in paragraph (1) and all that follows through
paragraph (2) and inserting ‘‘shall include imprisonment for not
less than 20 years.’’.
SEC. 105. PENALTIES AGAINST SEX TOURISM.
(a) IN GENERAL.—Section 2423 of title 18, United States Code,
is amended by striking subsection (b) and inserting the following:
Effective date.
28 USC 994 note.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00679
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 654
PUBLIC LAW 108–21—APR. 30, 2003
‘‘(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, for the purpose of
commercial advantage or private financial gain, arranges, induces,
procures, or facilitates the travel of a person knowing that such
a person is traveling in interstate commerce or foreign commerce
for the purpose of engaging in illicit sexual conduct shall be fined
under this title, imprisoned not more than 30 years, or both.
‘‘(e) ATTEMPT AND CONSPIRACY.—Whoever attempts or conspires
to violate subsection (a), (b), (c), or (d) shall be punishable in
the same manner as a completed violation of that subsection.
‘‘(f) DEFINITION.—As used in this section, the term ‘illicit sexual
conduct’ means (1) a sexual act (as defined in section 2246) with
a person under 18 years of age that would be in violation of
chapter 109A if the sexual act occurred in the special maritime
and territorial jurisdiction of the United States; or (2) any commer-
cial sex act (as defined in section 1591) with a person under 18
years of age.
‘‘(g) DEFENSE.—In a prosecution under this section based on
illicit sexual conduct as defined in subsection (f)(2), it is a defense,
which the defendant must establish by a preponderance of the
evidence, that the defendant reasonably believed that the person
with whom the defendant engaged in the commercial sex act had
attained the age of 18 years.’’.
(b) CONFORMING AMENDMENT.—Section 2423(a) of title 18,
United States Code, is amended by striking ‘‘or attempts to do
so,’’.
SEC. 106. TWO STRIKES YOU’RE OUT.
(a) IN GENERAL.—Section 3559 of title 18, United States Code,
is amended by adding at the end the following new subsection:
‘‘(e) MANDATORY
LIFE
IMPRISONMENT
FOR
REPEATED
SEX
OFFENSES AGAINST CHILDREN.—
‘‘(1) IN GENERAL.—A person who is convicted of a Federal
sex offense in which a minor is the victim shall be sentenced
to life imprisonment if the person has a prior sex conviction
in which a minor was the victim, unless the sentence of death
is imposed.
‘‘(2) DEFINITIONS.—For the purposes of this subsection—
‘‘(A) the term ‘Federal sex offense’ means an offense
under section 2241 (relating to aggravated sexual abuse),
2242 (relating to sexual abuse), 2244(a)(1) (relating to abu-
sive sexual contact), 2245 (relating to sexual abuse
resulting in death), 2251 (relating to sexual exploitation
of children), 2251A (relating to selling or buying of chil-
dren), 2422(b) (relating to coercion and enticement of a
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00680
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 655
PUBLIC LAW 108–21—APR. 30, 2003
minor into prostitution), or 2423(a) (relating to transpor-
tation of minors);
‘‘(B) the term ‘State sex offense’ means an offense
under State law that is punishable by more than one
year in prison and consists of conduct that would be a
Federal sex offense if, to the extent or in the manner
specified in the applicable provision of this title—
‘‘(i) the offense involved interstate or foreign com-
merce, or the use of the mails; or
‘‘(ii) the conduct occurred in any commonwealth,
territory, or possession of the United States, within
the special maritime and territorial jurisdiction of the
United States, in a Federal prison, on any land or
building owned by, leased to, or otherwise used by
or under the control of the Government of the United
States, or in the Indian country (as defined in section
1151);
‘‘(C) the term ‘prior sex conviction’ means a conviction
for which the sentence was imposed before the conduct
occurred constituting the subsequent Federal sex offense,
and which was for a Federal sex offense or a State sex
offense;
‘‘(D) the term ‘minor’ means an individual who has
not attained the age of 17 years; and
‘‘(E) the term ‘State’ has the meaning given that term
in subsection (c)(2).
‘‘(3) NONQUALIFYING FELONIES.—An offense described in
section 2422(b) or 2423(a) shall not serve as a basis for sen-
tencing under this subsection if the defendant establishes by
clear and convincing evidence that—
‘‘(A) the sexual act or activity was consensual and
not for the purpose of commercial or pecuniary gain;
‘‘(B) the sexual act or activity would not be punishable
by more than one year in prison under the law of the
State in which it occurred; or
‘‘(C) no sexual act or activity occurred.’’.
(b) CONFORMING AMENDMENT.—Sections 2247(a) and 2426(a)
of title 18, United States Code, are each amended by inserting
‘‘, unless section 3559(e) applies’’ before the final period.
SEC. 107. ATTEMPT LIABILITY FOR INTERNATIONAL PARENTAL KID-
NAPPING.
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 semi-
colon.
SEC. 108. PILOT PROGRAM FOR NATIONAL CRIMINAL HISTORY BACK-
GROUND CHECKS AND FEASIBILITY STUDY.
(a) ESTABLISHMENT OF PILOT PROGRAM.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Attorney General shall estab-
lish a pilot program for volunteer groups to obtain national
Deadlines.
42 USC 5119a
note.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00681
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 656
PUBLIC LAW 108–21—APR. 30, 2003
and State criminal history background checks through a 10-
fingerprint check to be conducted utilizing State criminal
records and the Integrated Automated Fingerprint Identifica-
tion System of the Federal Bureau of Investigation.
(2) STATE PILOT PROGRAM.—
(A) IN GENERAL.—The Attorney General shall designate
3 States as participants in an 18-month State pilot pro-
gram.
(B) VOLUNTEER ORGANIZATION REQUESTS.—A volunteer
organization in one of the 3 States participating in the
State pilot program under this paragraph that is part
of the Boys and Girls Clubs of America, the National Men-
toring Partnerships, or the National Council of Youth
Sports may submit a request for a 10-fingerprint check
from the participating State. A volunteer organization in
a participating State may not submit background check
requests under paragraph (3).
(C) STATE CHECK.—The participating State under this
paragraph after receiving a request under subparagraph
(B) shall conduct a State background check and submit
a request that a Federal check be performed through the
Integrated Automated Fingerprint Identification System of
the Federal Bureau of Investigation, to the Attorney Gen-
eral, in a manner to be determined by the Attorney
General.
(D) INFORMATION PROVIDED.—Under procedures estab-
lished by the Attorney General, any criminal history record
information resulting from the State and Federal check
under subparagraph (C) shall be provided to the State
or National Center for Missing and Exploited Children
consistent with the National Child Protection Act.
(E) COSTS.—A State may collect a fee to perform a
criminal background check under this paragraph which
may not exceed the actual costs to the State to perform
such a check.
(F) TIMING.—For any background check performed
under this paragraph, the State shall provide the State
criminal record information to the Attorney General within
7 days after receiving the request from the organization,
unless the Attorney General determines during the feasi-
bility study that such a check cannot reasonably be per-
formed within that time period. The Attorney General shall
provide the criminal history records information to the
National Center for Missing and Exploited Children within
7 business days after receiving the request from the State.
(3) CHILD SAFETY PILOT PROGRAM.—
(A) IN GENERAL.—The Attorney General shall establish
an 18-month Child Safety Pilot Program that shall provide
for the processing of 100,000 10-fingerprint check requests
from organizations described in subparagraph (B) con-
ducted through the Integrated Automated Fingerprint
Identification System of the Federal Bureau of Investiga-
tion.
(B) 
ELIGIBLE
ORGANIZATIONS.—An 
organization
described in this subparagraph is an organization in a
State not designated under paragraph (2) that has received
a request allotment pursuant to subparagraph (C).
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00682
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 657
PUBLIC LAW 108–21—APR. 30, 2003
(C) REQUEST
ALLOTMENTS.—The following organiza-
tions may allot requests as follows:
(i) 33,334 for the Boys and Girls Clubs of America.
(ii) 33,333 for the National Mentoring Partnership.
(iii) 33,333 for the National Council of Youth
Sports.
(D) PROCEDURES.—The Attorney General shall notify
the organizations described in subparagraph (C) of a
process by which the organizations may provide fingerprint
cards to the Attorney General.
(E) VOLUNTEER INFORMATION REQUIRED.—An organiza-
tion authorized to request a background check under this
paragraph shall—
(i) forward to the Attorney General the volunteer’s
fingerprints; and
(ii) obtain a statement completed and signed by
the volunteer that—
(I) sets out the provider or volunteer’s name,
address, date of birth appearing on a valid identi-
fication document as defined in section 1028 of
title 18, United States Code, and a photocopy of
the valid identifying document;
(II) states whether the volunteer has a
criminal record, and, if so, sets out the particulars
of such record;
(III) notifies the volunteer that the Attorney
General may perform a criminal history back-
ground check and that the volunteer’s signature
to the statement constitutes an acknowledgment
that such a check may be conducted;
(IV) notifies the volunteer that prior to and
after the completion of the background check, the
organization may choose to deny the provider
access to children; and
(V) notifies the volunteer of his right to correct
an erroneous record held by the Attorney General.
(F) TIMING.—For any background checks performed
under this paragraph, the Attorney General shall provide
the criminal history records information to the National
Center for Missing and Exploited Children within 14 busi-
ness days after receiving the request from the organization.
(G) DETERMINATIONS OF FITNESS.—
(i) IN
GENERAL.—Consistent with the privacy
protections delineated in the National Child Protection
Act (42 U.S.C. 5119), the National Center for Missing
and Exploited Children may make a determination
whether the criminal history record information
received in response to the criminal history background
checks conducted under this paragraph indicates that
the provider or volunteer has a criminal history record
that renders the provider or volunteer unfit to provide
care to children based upon criteria established jointly
by, the National Center for Missing and Exploited
Children, the Boys and Girls Clubs of America, the
National Mentoring Partnership, and the National
Council of Youth Sports.
Notification.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00683
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 658
PUBLIC LAW 108–21—APR. 30, 2003
(ii) CHILD SAFETY PILOT PROGRAM.—The National
Center for Missing and Exploited Children shall convey
that determination to the organizations making
requests under this paragraph.
(4) FEES COLLECTED BY ATTORNEY GENERAL.—The Attorney
General may collect a fee which may not exceed $18 to cover
the cost to the Federal Bureau of Investigation to conduct
the background check under paragraph (2) or (3).
(b) RIGHTS OF VOLUNTEERS.—Each volunteer who is the subject
of a criminal history background check under this section is entitled
to contact the Attorney General to initiate procedures to—
(1) obtain a copy of their criminal history record report;
and
(2) challenge the accuracy and completeness of the criminal
history record information in the report.
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
such sums as may be necessary to the National Center for
Missing and Exploited Children for fiscal years 2004 and 2005
to carry out the requirements of this section.
(2) STATE
PROGRAM.—There is authorized to be appro-
priated such sums as may be necessary to the Attorney General
for the States designated in subsection (a)(1) for fiscal years
2004 and 2005 to establish and enhance fingerprint technology
infrastructure of the participating State.
(d) FEASIBILITY STUDY FOR A SYSTEM OF BACKGROUND CHECKS
FOR EMPLOYEES AND VOLUNTEERS.—
(1) STUDY REQUIRED.—The Attorney General shall conduct
a feasibility study within 180 days after the date of the enact-
ment of this Act. The study shall examine, to the extent discern-
ible, the following:
(A) The current state of fingerprint capture and proc-
essing at the State and local level, including the current
available infrastructure, State system capacities, and the
time for each State to process a civil or volunteer print
from the time of capture to submission to the Federal
Bureau of Investigation (FBI).
(B) The intent of the States concerning participation
in a nationwide system of criminal background checks to
provide information to qualified entities.
(C) The number of volunteers, employees, and other
individuals that would require a fingerprint-based criminal
background check.
(D) The impact on the Integrated Automated Finger-
print Identification System (IAFIS) of the Federal Bureau
of Investigation in terms of capacity and impact on other
users of the system, including the effect on Federal Bureau
of Investigation work practices and staffing levels.
(E) The current fees charged by the Federal Bureau
of Investigation, States and local agencies, and private
companies to process fingerprints and conduct background
checks.
(F) The existence of ‘‘model’’ or best practice programs
which could easily be expanded and duplicated in other
States.
(G) The extent to which private companies are cur-
rently performing background checks and the possibility
Deadline.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00684
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 659
PUBLIC LAW 108–21—APR. 30, 2003
of using private companies in the future to perform any
of the background check process, including, but not limited
to, the capture and transmission of fingerprints and fitness
determinations.
(H) The cost of development and operation of the tech-
nology and the infrastructure necessary to establish a
nationwide fingerprint-based and other criminal back-
ground check system.
(I) The extent of State participation in the procedures
for background checks authorized in the National Child
Protection Act (Public Law 103–209), as amended by the
Volunteers for Children Act (sections 221 and 222 of Public
Law 105–251).
(J) The extent to which States currently provide access
to nationwide criminal history background checks to
organizations that serve children.
(K) The extent to which States currently permit volun-
teers to appeal adverse fitness determinations, and whether
similar procedures are required at the Federal level.
(L) The implementation of the 2 pilot programs created
in subsection (a).
(M) Any privacy concerns that may arise from nation-
wide criminal background checks.
(N) Any other information deemed relevant by the
Department of Justice.
(2) INTERIM REPORT.—Based on the findings of the feasi-
bility study under paragraph (1), the Attorney General shall,
not later than 180 days after the date of the enactment of
this Act, submit to Congress an interim report, which may
include recommendations for a pilot project to develop or
improve programs to collect fingerprints and perform back-
ground checks on individuals that seek to volunteer with
organizations that work with children, the elderly, or the dis-
abled.
(3) FINAL
REPORT.—Based on the findings of the pilot
project, the Attorney General shall, not later than 60 days
after completion of the pilot project under this section, submit
to Congress a final report, including recommendations, which
may include a proposal for grants to the States to develop
or improve programs to collect fingerprints and perform back-
ground checks on individuals that seek to volunteer with
organizations that work with children, the elderly, or the dis-
abled, and which may include recommendations for amend-
ments to the National Child Protection Act and the Volunteers
for Children Act so that qualified entities can promptly and
affordably conduct nationwide criminal history background
checks on their employees and volunteers.
TITLE II—INVESTIGATIONS AND
PROSECUTIONS
SEC. 201. INTERCEPTIONS OF COMMUNICATIONS IN INVESTIGATIONS
OF SEX OFFENSES.
Section 2516(1) of title 18, United States Code, is amended—
Deadline.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00685
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 660
PUBLIC LAW 108–21—APR. 30, 2003
(1) in paragraph (a), by inserting after ‘‘chapter 37 (relating
to espionage),’’ the following: ‘‘chapter 55 (relating to kidnap-
ping),’’; and
(2) in paragraph (c)—
(A) by inserting ‘‘section 1591 (sex trafficking of chil-
dren by force, fraud, or coercion),’’ after ‘‘section 1511
(obstruction of State or local law enforcement),’’; and
(B) by inserting ‘‘section 2251A (selling or buying of
children), section 2252A (relating to material constituting
or containing child pornography), section 1466A (relating
to child obscenity), section 2260 (production of sexually
explicit depictions of a minor for importation into the
United States), sections 2421, 2422, 2423, and 2425
(relating to transportation for illegal sexual activity and
related crimes),’’ after ‘‘sections 2251 and 2252 (sexual
exploitation of children),’’.
SEC. 202. NO STATUTE OF LIMITATIONS FOR CHILD ABDUCTION AND
SEX CRIMES.
Section 3283 of title 18, United States Code, is amended to
read as follows:
‘‘§ 3283. Offenses against children
‘‘No statute of limitations that would otherwise preclude
prosecution for an offense involving the sexual or physical abuse,
or kidnaping, of a child under the age of 18 years shall preclude
such prosecution during the life of the child.’’.
SEC. 203. NO PRETRIAL RELEASE FOR THOSE WHO RAPE OR KIDNAP
CHILDREN.
Section 3142(e) of title 18, United States Code, is amended—
(1) by striking ‘‘1901 et seq.), or’’ and inserting ‘‘1901 et
seq.),’’; and
(2) by striking ‘‘of title 18 of the United States Code’’
and inserting ‘‘of this title, or an offense involving a minor
victim under section 1201, 1591, 2241, 2242, 2244(a)(1), 2245,
2251, 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1),
2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423,
or 2425 of this title’’.
SEC. 204. SUZANNE’S LAW.
Section 3701(a) of the Crime Control Act of 1990 (42 U.S.C.
5779(a)) is amended by striking ‘‘age of 18’’ and inserting ‘‘age
of 21’’.
TITLE III—PUBLIC OUTREACH
Subtitle A—AMBER Alert
SEC. 301. NATIONAL COORDINATION OF AMBER ALERT COMMUNICA-
TIONS NETWORK.
(a) COORDINATION
WITHIN
DEPARTMENT
OF
JUSTICE.—The
Attorney General shall assign an officer of the Department of Jus-
tice to act as the national coordinator of the AMBER Alert commu-
nications network regarding abducted children. The officer so des-
ignated shall be known as the AMBER Alert Coordinator of the
Department of Justice.
42 USC 5791.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00686
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 661
PUBLIC LAW 108–21—APR. 30, 2003
(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 addi-
tional elements (known as local AMBER plans) in the network;
(3) work with States to ensure appropriate regional
coordination of various elements of the network; and
(4) act as the nationwide point of contact for—
(A) the development of the network; and
(B) regional coordination of alerts on abducted children
through the network.
(c) CONSULTATION WITH FEDERAL BUREAU OF INVESTIGATION.—
In carrying out duties under subsection (b), the Coordinator shall
notify and consult with the Director of the Federal Bureau of
Investigation concerning each child abduction for which an alert
is issued through the AMBER Alert communications network.
(d) COOPERATION.—The Coordinator shall cooperate with the
Secretary of Transportation and the Federal Communications
Commission in carrying out activities under this section.
(e) REPORT.—Not later than March 1, 2005, the Coordinator
shall submit to Congress a report on the activities of the Coordinator
and the effectiveness and status of the AMBER plans of each
State that has implemented such a plan. The Coordinator shall
prepare the report in consultation with the Secretary of Transpor-
tation.
SEC. 302. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION
OF ALERTS THROUGH AMBER ALERT COMMUNICATIONS
NETWORK.
(a) ESTABLISHMENT OF MINIMUM STANDARDS.—Subject to sub-
section (b), the AMBER Alert Coordinator of the Department of
Justice shall establish minimum standards for—
(1) the issuance of alerts through the AMBER Alert commu-
nications 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 dissemi-
nation of an alert through the AMBER Alert communications net-
work 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 Coordi-
nator 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 communica-
tions network.
42 USC 5791a.
Deadline.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00687
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 662
PUBLIC LAW 108–21—APR. 30, 2003
(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 min-
imum standards under this section.
SEC. 303. GRANT PROGRAM FOR NOTIFICATION AND COMMUNICA-
TIONS 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 abduc-
tions 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 sys-
tems and protocols among public safety and transportation
agencies or modify existing communications systems to sup-
port the notification of motorists about abductions of chil-
dren.
(E) To plan and design improved systems for commu-
nicating 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 mes-
sage 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
42 USC 5791b.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00688
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 663
PUBLIC LAW 108–21—APR. 30, 2003
children. A State shall be eligible for a grant under this sub-
section 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 installa-
tion 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 require-
ments, 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 avail-
able 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 high-
ways for alerts and other information for the recovery of
abducted children.
(2) REPORT.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall transmit to Congress
a report on the results of the study, together with any rec-
ommendations the Secretary determines appropriate.
SEC. 304. GRANT PROGRAM FOR SUPPORT OF AMBER ALERT COMMU-
NICATIONS 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 enforce-
ment programs, and associated equipment, relating to AMBER
Alert communications plans;
(3) the development and implementation of new tech-
nologies to improve AMBER Alert communications; and
(4) such other activities as the Attorney General considers
appropriate for supporting the AMBER Alert communications
program.
42 USC 5791c.
Deadline.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00689
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 664
PUBLIC LAW 108–21—APR. 30, 2003
(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 sub-
section (a) on an equitable basis throughout the various regions
of the United States.
(e) ADMINISTRATION.—The Attorney General shall prescribe
requirements, including application requirements, for grants under
the program under subsection (a).
(f) AUTHORIZATION OF APPROPRIATIONS.—(1) There is authorized
to be appropriated for the Department of Justice $5,000,000 for
fiscal year 2004 to carry out this section and, in addition, $5,000,000
for fiscal year 2004 to carry out subsection (b)(3).
(2) Amounts appropriated pursuant to the authorization of
appropriations in paragraph (1) shall remain available until
expended.
SEC. 305. LIMITATION ON LIABILITY.
(a) Except as provided in subsection (b), the National Center
for Missing and Exploited Children, including any of its officers,
employees, or agents, shall not be liable for damages in any civil
action for defamation, libel, slander, or harm to reputation arising
out of any action or communication by the National Center for
Missing and Exploited Children, its officers, employees, or agents,
in connection with any clearinghouse, hotline or complaint intake
or forwarding program or in connection with activity that is wholly
or partially funded by the United States and undertaken in coopera-
tion with, or at the direction of a Federal law enforcement agency.
(b) The limitation in subsection (a) does not apply in any
action in which the plaintiff proves that the National Center for
Missing and Exploited Children, its officers, employees, or agents
acted with actual malice, or provided information or took action
for a purpose unrelated to an activity mandated by Federal law.
For purposes of this subsection, the prevention, or detection of
crime, and the safety, recovery, or protection of missing or exploited
children shall be deemed, per se, to be an activity mandated by
Federal law.
Subtitle B—National Center for Missing
and Exploited Children
SEC. 321. INCREASED SUPPORT.
(a) IN GENERAL.—Section 408(a) of the Missing Children’s
Assistance Act (42 U.S.C. 5777(a)) is amended by striking ‘‘fiscal
years 2000 through 2003’’ and inserting ‘‘fiscal years 2004 through
2005.’’.
(b) ANNUAL GRANT TO NATIONAL CENTER FOR MISSING AND
EXPLOITED CHILDREN.—Section 404(b)(2) of the Missing Children’s
Assistance Act (42 U.S.C. 5773(b)(2)) is amended by striking
‘‘$10,000,000 for each of fiscal years 2000, 2001, 2002, and 2003’’
and inserting ‘‘$20,000,000 for each of the fiscal years 2004 through
2005’’.
42 USC 5791d.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00690
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 665
PUBLIC LAW 108–21—APR. 30, 2003
SEC. 322. FORENSIC AND INVESTIGATIVE SUPPORT OF MISSING AND
EXPLOITED CHILDREN.
Section 3056 of title 18, United States Code, is amended by
adding at the end the following:
‘‘(f) Under the direction of the Secretary of Homeland Security,
officers and agents of the Secret Service are authorized, at the
request of any State or local law enforcement agency, or at the
request of the National Center for Missing and Exploited Children,
to provide forensic and investigative assistance in support of any
investigation involving missing or exploited children.’’.
SEC. 323. CREATION OF CYBER TIPLINE.
Section 404(b)(1) of the Missing Children’s Assistance Act (42
U.S.C. 5773(b)(1)) is amended—
(1) in subparagraph (F), by striking ‘‘and’’ at the end;
(2) in subparagraph (G), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(H) coordinate the operation of a cyber tipline to pro-
vide online users an effective means of reporting Internet-
related child sexual exploitation in the areas of—
‘‘(i) distribution of child pornography;
‘‘(ii) online enticement of children for sexual acts;
and
‘‘(iii) child prostitution.’’.
Subtitle C—Sex Offender Apprehension
Program
SEC. 341. AUTHORIZATION.
Section 1701(d) of part Q of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is
amended—
(1) by redesignating paragraphs (10) and (11) as (11) and
(12), respectively; and
(2) by inserting after paragraph (9) the following:
‘‘(10) assist a State in enforcing a law throughout the
State which requires that a convicted sex offender register
his or her address with a State or local law enforcement agency
and be subject to criminal prosecution for failure to comply;’’.
Subtitle D—Missing Children Procedures
in Public Buildings
SEC. 361. SHORT TITLE.
This subtitle may be cited as the ‘‘Code Adam Act of 2003’’.
SEC. 362. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) CHILD.—The term ‘‘child’’ means an individual who
is 17 years of age or younger.
(2) CODE ADAM ALERT.—The term ‘‘Code Adam alert’’ means
a set of procedures used in public buildings to alert employees
and other users of the building that a child is missing.
42 USC 5792.
42 USC 5601
note.
Code Adam Act
of 2003.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00691
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 666
PUBLIC LAW 108–21—APR. 30, 2003
(3) 
DESIGNATED
AUTHORITY.—The 
term 
‘‘designated
authority’’ means—
(A) with respect to a public building owned or leased
for use by an Executive agency—
(i) except as otherwise provided in this paragraph,
the Administrator of General Services;
(ii) in the case of the John F. Kennedy Center
for the Performing Arts, the Board of Trustees of the
John F. Kennedy Center for the Performing Arts;
(iii) in the case of buildings under the jurisdiction,
custody, and control of the Smithsonian Institution,
the Board of Regents of the Smithsonian Institution;
or
(iv) in the case of another public building for which
an Executive agency has, by specific or general statu-
tory authority, jurisdiction, custody, and control over
the building, the head of that agency;
(B) with respect to the Supreme Court Building, the
Marshal of the Supreme Court; with respect to the
Thurgood Marshall Federal Judiciary Building, the Director
of the Administrative Office of United States Courts; and
with respect to all other public buildings owned or leased
for use by an establishment in the judicial branch of govern-
ment, the General Services Administration in consultation
with the United States Marshals Service; and
(C) with respect to a public building owned or leased
for use by an establishment in the legislative branch of
government, the Capitol Police Board.
(4) EXECUTIVE AGENCY.—The term ‘‘Executive agency’’ has
the same meaning such term has under section 105 of title
5, United States Code.
(5) FEDERAL AGENCY.—The term ‘‘Federal agency’’ means
any Executive agency or any establishment in the legislative
or judicial branches of the Government.
(6) PUBLIC BUILDING.—The term ‘‘public building’’ means
any building (or portion thereof) owned or leased for use by
a Federal agency.
SEC. 363. PROCEDURES IN PUBLIC BUILDINGS REGARDING A MISSING
OR LOST CHILD.
(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the designated authority for a public building
shall establish procedures for locating a child that is missing in
the building.
(b) NOTIFICATION AND SEARCH PROCEDURES.—Procedures estab-
lished under this section shall provide, at a minimum, for the
following:
(1) Notifying security personnel that a child is missing.
(2) Obtaining a detailed description of the child, including
name, age, eye and hair color, height, weight, clothing, and
shoes.
(3) Issuing a Code Adam alert and providing a description
of the child, using a fast and effective means of communication.
(4) Establishing a central point of contact.
(5) Monitoring all points of egress from the building while
a Code Adam alert is in effect.
(6) Conducting a thorough search of the building.
Deadline.
42 USC 5792a.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00692
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 667
PUBLIC LAW 108–21—APR. 30, 2003
(7) Contacting local law enforcement.
(8) Documenting the incident.
Subtitle E—Child Advocacy Center Grants
SEC. 
381. 
INFORMATION 
AND 
DOCUMENTATION 
REQUIRED 
BY
ATTORNEY GENERAL UNDER VICTIMS OF CHILD ABUSE
ACT OF 1990.
(a) REGIONAL CHILDREN’S ADVOCACY CENTERS.—Section 213
of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13001b)
is amended—
(1) in subsection (c)(4)—
(A) by striking ‘‘and’’ at the end of subparagraph (B)(ii);
(B) in subparagraph (B)(iii), by striking ‘‘Board’’ and
inserting ‘‘board’’; and
(C) by redesignating subparagraphs (C) and (D) as
clauses (iv) and (v), respectively, of subparagraph (B), and
by realigning such clauses so as to have the same indenta-
tion as the preceding clauses of subparagraph (B); and
(2) in subsection (e), by striking ‘‘Board’’ in each of para-
graphs (1)(B)(ii), (2)(A), and (3), and inserting ‘‘board’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—The text of section
214B of such Act (42 U.S.C. 13004) is amended to read as follows:
‘‘(a) SECTIONS 213 AND 214.—There are authorized to be appro-
priated to carry out sections 213 and 214, $15,000,000 for each
of fiscal years 2004 and 2005.
‘‘(b) SECTION 214A.—There are authorized to be appropriated
to carry out section 214A, $5,000,000 for each of fiscal years 2004
and 2005.’’.
TITLE IV—SENTENCING REFORM
SEC. 401. SENTENCING REFORM.
(a) ENFORCEMENT
OF SENTENCING GUIDELINES
FOR CHILD
ABDUCTION AND SEX OFFENSES.—Section 3553(b) of title 18, United
States Code is amended—
(1) by striking ‘‘The court’’ and inserting the following:
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the court’’; and
(2) by adding at the end the following:
‘‘(2) CHILD CRIMES AND SEXUAL OFFENSES.—
‘‘(A) SENTENCING.—In sentencing a defendant convicted
of an offense under section 1201 involving a minor victim,
an offense under section 1591, or an offense under chapter
71, 109A, 110, or 117, the court shall impose a sentence
of the kind, and within the range, referred to in subsection
(a)(4) unless—
‘‘(i) the court finds that there exists an aggravating
circumstance of a kind, or to a degree, not adequately
taken into consideration by the Sentencing Commission
in formulating the guidelines that should result in
a sentence greater than that described;
‘‘(ii) the court finds that there exists a mitigating
circumstance of a kind or to a degree, that—
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00693
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 668
PUBLIC LAW 108–21—APR. 30, 2003
‘‘(I) has been affirmatively and specifically
identified as a permissible ground of downward
departure in the sentencing guidelines or policy
statements issued under section 994(a) of title 28,
taking account of any amendments to such sen-
tencing guidelines or policy statements by Con-
gress;
‘‘(II) has not been taken into consideration
by the Sentencing Commission in formulating the
guidelines; and
‘‘(III) should result in a sentence different from
that described; or
‘‘(iii) the court finds, on motion of the Government,
that the defendant has provided substantial assistance
in the investigation or prosecution of another person
who has committed an offense and that this assistance
established a mitigating circumstance of a kind, or
to a degree, not adequately taken into consideration
by the Sentencing Commission in formulating the
guidelines that should result in a sentence lower than
that described.
In determining whether a circumstance was adequately taken into
consideration, the court shall consider only the sentencing guide-
lines, policy statements, and official commentary of the Sentencing
Commission, together with any amendments thereto by act of Con-
gress. In the absence of an applicable sentencing guideline, the
court shall impose an appropriate sentence, having due regard
for the purposes set forth in subsection (a)(2). In the absence of
an applicable sentencing guideline in the case of an offense other
than a petty offense, the court shall also have due regard for
the relationship of the sentence imposed to sentences prescribed
by guidelines applicable to similar offenses and offenders, and to
the applicable policy statements of the Sentencing Commission,
together with any amendments to such guidelines or policy state-
ments by act of Congress.’’.
(b) CONFORMING AMENDMENTS TO GUIDELINES MANUAL.—The
Federal Sentencing Guidelines are amended—
(1) in section 5K2.0—
(A) by striking ‘‘Under’’ and inserting the following:
‘‘(a) DOWNWARD DEPARTURES IN CRIMINAL CASES OTHER THAN
CHILD CRIMES AND SEXUAL OFFENSES.—Under’’; and
(B) by adding at the end the following:
‘‘(b) DOWNWARD DEPARTURES IN CHILD CRIMES AND SEXUAL
OFFENSES.—
‘‘Under 18 U.S.C. § 3553(b)(2), the sentencing court may impose
a sentence below the range established by the applicable guidelines
only if the court finds that there exists a mitigating circumstance
of a kind, or to a degree, that—
‘‘(1) has been affirmatively and specifically identified as a
permissible ground of downward departure in the sentencing
guidelines or policy statements issued under section 994(a)
of title 28, United States Code, taking account of any amend-
ments to such sentencing guidelines or policy statements by
act of Congress;
‘‘(2) has not adequately been taken into consideration by the
Sentencing Commission in formulating the guidelines; and
‘‘(3) should result in a sentence different from that described.
28 USC 994 note.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00694
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 669
PUBLIC LAW 108–21—APR. 30, 2003
The grounds enumerated in this Part K of chapter 5 are the sole
grounds that have been affirmatively and specifically identified
as a permissible ground of downward departure in these sentencing
guidelines and policy statements. Thus, notwithstanding any other
reference to authority to depart downward elsewhere in this Sen-
tencing Manual, a ground of downward departure has not been
affirmatively and specifically identified as a permissible ground
of downward departure within the meaning of section 3553(b)(2)
unless it is expressly enumerated in this Part K as a ground
upon which a downward departure may be granted.’’.
(2) At the end of part K of chapter 5, add the following:
‘‘§ 5K2.22 Specific Offender Characteristics as Grounds for
Downward Departure in child crimes and sexual
offenses (Policy Statement)
‘‘In sentencing a defendant convicted of an offense under section
1201 involving a minor victim, an offense under section 1591, or
an offense under chapter 71, 109A, 110, or 117 of title 18, United
States Code, age may be a reason to impose a sentence below
the applicable guideline range only if and to the extent permitted
by § 5H1.1.
‘‘An extraordinary physical impairment may be a reason to impose
a sentence below the applicable guideline range only if and to
the extent permitted by § 5H1.4. Drug, alcohol, or gambling depend-
ence or abuse is not a reason for imposing a sentence below the
guidelines.
(3) Section 5K2.20 is amended by striking ‘‘A’’ and inserting
‘‘Except where a defendant is convicted of an offense under
section 1201 involving a minor victim, an offense under section
1591, or an offense under chapter 71, 109A, 110, or 117 of
title 18, United States Code, a’’.
(4) Section 5H1.6 is amended by inserting after the first
sentence the following: ‘‘In sentencing a defendant convicted
of an offense under section 1201 involving a minor victim,
an offense under section 1591, or an offense under chapter
71, 109A, 110, or 117 of title 18, United States Code, family
ties and responsibilities and community ties are not relevant
in determining whether a sentence should be below the
applicable guideline range.’’.
(5) Section 5K2.13 is amended by—
(A) striking ‘‘or’’ before ‘‘(3)’’; and
(B) replacing ‘‘public’’ with ‘‘public; or (4) the defendant
has been convicted of an offense under chapter 71, 109A,
110, or 117 of title 18, United States Code.’’.
(c) STATEMENT OF REASONS FOR IMPOSING A SENTENCE.—Sec-
tion 3553(c) of title 18, United States Code, is amended—
(1) by striking ‘‘described.’’ and inserting ‘‘described, which
reasons must also be stated with specificity in the written
order of judgment and commitment, except to the extent that
the court relies upon statements received in camera in accord-
ance with Federal Rule of Criminal Procedure 32. In the event
that the court relies upon statements received in camera in
accordance with Federal Rule of Criminal Procedure 32 the
court shall state that such statements were so received and
that it relied upon the content of such statements.’’;
(2) by inserting ‘‘, together with the order of judgment
and commitment,’’ after ‘‘the court’s statement of reasons’’; and
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00695
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 670
PUBLIC LAW 108–21—APR. 30, 2003
(3) by inserting ‘‘and to the Sentencing Commission,’’ after
‘‘to the Probation System’’.
(d) REVIEW OF A SENTENCE.—
(1) REVIEW OF DEPARTURES.—Section 3742(e)(3) of title 18,
United States Code, is amended to read as follows:
‘‘(3) is outside the applicable guideline range, and
‘‘(A) the district court failed to provide the written
statement of reasons required by section 3553(c);
‘‘(B) the sentence departs from the applicable guideline
range based on a factor that—
‘‘(i) does not advance the objectives set forth in
section 3553(a)(2); or
‘‘(ii) is not authorized under section 3553(b); or
‘‘(iii) is not justified by the facts of the case; or
‘‘(C) the sentence departs to an unreasonable degree
from the applicable guidelines range, having regard for
the factors to be considered in imposing a sentence, as
set forth in section 3553(a) of this title and the reasons
for the imposition of the particular sentence, as stated
by the district court pursuant to the provisions of section
3553(c); or’’.
(2) STANDARD OF REVIEW.—The last paragraph of section
3742(e) of title 18, United States Code, is amended by striking
‘‘shall give due deference to the district court’s application
of the guidelines to the facts’’ and inserting ‘‘, except with
respect to determinations under subsection (3)(A) or (3)(B),
shall give due deference to the district court’s application of
the guidelines to the facts. With respect to determinations
under subsection (3)(A) or (3)(B), the court of appeals shall
review de novo the district court’s application of the guidelines
to the facts’’.
(3) DECISION AND DISPOSITION.—
(A) The first paragraph of section 3742(f) of title 18,
United States Code, is amended by striking ‘‘the sentence’’;
(B) Section 3742(f)(1) of title 18, United States Code,
is amended by inserting ‘‘the sentence’’ before ‘‘was
imposed’’;
(C) Section 3742(f)(2) of title 18, United States Code,
is amended to read as follows:
‘‘(2) the sentence is outside the applicable guideline range
and the district court failed to provide the required statement
of reasons in the order of judgment and commitment, or the
departure is based on an impermissible factor, or is to an
unreasonable degree, or the sentence was imposed for an offense
for which there is no applicable sentencing guideline and is
plainly unreasonable, it shall state specific reasons for its
conclusions and—
‘‘(A) if it determines that the sentence is too high
and the appeal has been filed under subsection (a), it
shall set aside the sentence and remand the case for further
sentencing proceedings with such instructions as the court
considers appropriate, subject to subsection (g);
‘‘(B) if it determines that the sentence is too low and
the appeal has been filed under subsection (b), it shall
set aside the sentence and remand the case for further
sentencing proceedings with such instructions as the court
considers appropriate, subject to subsection (g);’’; and
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00696
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 671
PUBLIC LAW 108–21—APR. 30, 2003
(D) Section 3742(f)(3) of title 18, United States Code,
is amended by inserting ‘‘the sentence’’ before ‘‘is not
described’’.
(e) IMPOSITION OF SENTENCE UPON REMAND.—Section 3742 of
title 18, United States Code, is amended by redesignating sub-
sections (g) and (h) as subsections (h) and (i) and by inserting
the following after subsection (f):
‘‘(g) SENTENCING UPON REMAND.—A district court to which
a case is remanded pursuant to subsection (f)(1) or (f)(2) shall
resentence a defendant in accordance with section 3553 and with
such instructions as may have been given by the court of appeals,
except that—
‘‘(1) In determining the range referred to in subsection
3553(a)(4), the court shall apply the guidelines issued by the
Sentencing Commission pursuant to section 994(a)(1) of title
28, United States Code, and that were in effect on the date
of the previous sentencing of the defendant prior to the appeal,
together with any amendments thereto by any act of Congress
that was in effect on such date; and
‘‘(2) The court shall not impose a sentence outside the
applicable guidelines range except upon a ground that—
‘‘(A) was specifically and affirmatively included in the
written statement of reasons required by section 3553(c)
in connection with the previous sentencing of the defendant
prior to the appeal; and
‘‘(B) was held by the court of appeals, in remanding
the case, to be a permissible ground of departure.’’.
(f) DEFINITIONS.—Section 3742 of title 18, United States Code,
as amended by subsection (e), is further amended by adding at
the end the following:
‘‘(j) DEFINITIONS.—For purposes of this section—
‘‘(1) a factor is a ‘permissible’ ground of departure if it—
‘‘(A) advances the objectives set forth in section
3553(a)(2); and
‘‘(B) is authorized under section 3553(b); and
‘‘(C) is justified by the facts of the case; and
‘‘(2) a factor is an ‘impermissible’ ground of departure if
it is not a permissible factor within the meaning of subsection
(j)(1).’’.
(g) REFORM
OF
GUIDELINES
GOVERNING
ACCEPTANCE
OF
RESPONSIBILITY.—Subject to subsection (j), the Guidelines Manual
promulgated by the Sentencing Commission pursuant to section
994(a) of title 28, United States Code, is amended—
(1) in section 3E1.1(b)—
(A) by inserting ‘‘upon motion of the government
stating that’’ immediately before ‘‘the defendant has
assisted authorities’’; and
(B) by striking ‘‘taking one or more’’ and all that follows
through and including ‘‘additional level’’ and insert ‘‘timely
notifying authorities of his intention to enter a plea of
guilty, thereby permitting the government to avoid pre-
paring for trial and permitting the government and the
court to allocate their resources efficiently, decrease the
offense level by 1 additional level’’;
(2) in the Application Notes to the Commentary to section
3E1.1, by amending Application Note 6—
(A) by striking ‘‘one or both of’’; and
28 USC 994 note.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00697
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 672
PUBLIC LAW 108–21—APR. 30, 2003
(B) by adding the following new sentence at the end:
‘‘Because the Government is in the best position to deter-
mine whether the defendant has assisted authorities in
a manner that avoids preparing for trial, an adjustment
under subsection (b) may only be granted upon a formal
motion by the Government at the time of sentencing.’’;
and
(3) in the Background to section 3E1.1, by striking ‘‘one
or more of’’.
(h) IMPROVED DATA COLLECTION.—Section 994(w) of title 28,
United States Code, is amended to read as follows:
‘‘(w)(1) The Chief Judge of each district court shall ensure
that, within 30 days following entry of judgment in every criminal
case, the sentencing court submits to the Commission a written
report of the sentence, the offense for which it is imposed, the
age, race, sex of the offender, and information regarding factors
made relevant by the guidelines. The report shall also include—
‘‘(A) the judgment and commitment order;
‘‘(B) the statement of reasons for the sentence imposed
(which shall include the reason for any departure from the
otherwise applicable guideline range);
‘‘(C) any plea agreement;
‘‘(D) the indictment or other charging document;
‘‘(E) the presentence report; and
‘‘(F) any other information as the Commission finds appro-
priate.
‘‘(2) The Commission shall, upon request, make available
to the House and Senate Committees on the Judiciary, the
written reports and all underlying records accompanying those
reports described in this section, as well as other records
received from courts.
‘‘(3) The Commission shall submit to Congress at least
annually an analysis of these documents, any recommendations
for legislation that the Commission concludes is warranted
by that analysis, and an accounting of those districts that
the Commission believes have not submitted the appropriate
information and documents required by this section.
‘‘(4) The Commission shall make available to the Attorney
General, upon request, such data files as the Commission may
assemble or maintain in electronic form that include any
information submitted under paragraph (1). Such data files
shall be made available in electronic form and shall include
all data fields requested, including the identity of the sen-
tencing judge.’’.
(i) SENTENCING GUIDELINES AMENDMENTS.—(1) Subject to sub-
section (j), the Guidelines Manual promulgated by the Sentencing
Commission pursuant to section 994(a) of title 28, United States
Code, is amended as follows:
(A) Application Note 4(b)(i) to section 4B1.5 is amended
to read as follows:
‘‘(i) IN GENERAL.—For purposes of subsection (b),
the defendant engaged in a pattern of activity involving
prohibited sexual conduct if on at least two separate
occasions, the defendant engaged in prohibited sexual
conduct with a minor.’’.
(B) Section 2G2.4(b) is amended by adding at the end
the following:
28 USC 994 note.
Deadline.
Reports.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00698
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 673
PUBLIC LAW 108–21—APR. 30, 2003
‘‘(4) If the offense involved material that portrays sadistic
or masochistic conduct or other depictions of violence, increase
by 4 levels.
‘‘(5) If the offense involved—
‘‘(A) at least 10 images, but fewer than 150, increase
by 2 levels;
‘‘(B) at least 150 images, but fewer than 300, increase
by 3 levels;
‘‘(C) at least 300 images, but fewer than 600, increase
by 4 levels; and
‘‘(D) 600 or more images, increase by 5 levels.’’.
(C) Section 2G2.2(b) is amended by adding at the end
the following:
‘‘(6) If the offense involved—
‘‘(A) at least 10 images, but fewer than 150, increase
by 2 levels;
‘‘(B) at least 150 images, but fewer than 300, increase
by 3 levels;
‘‘(C) at least 300 images, but fewer than 600, increase
by 4 levels; and
‘‘(D) 600 or more images, increase by 5 levels.’’.
(2) The Sentencing Commission shall amend the Sentencing
Guidelines to ensure that the Guidelines adequately reflect the
seriousness of the offenses under sections 2243(b), 2244(a)(4), and
2244(b) of title 18, United States Code.
(j) CONFORMING AMENDMENTS.—
(1) Upon enactment of this Act, the Sentencing Commission
shall forthwith distribute to all courts of the United States
and to the United States Probation System the amendments
made by subsections (b), (g), and (i) of this section to the
sentencing guidelines, policy statements, and official com-
mentary of the Sentencing Commission. These amendments
shall take effect upon the date of enactment of this Act, in
accordance with paragraph (5).
(2) On or before May 1, 2005, the Sentencing Commission
shall not promulgate any amendment to the sentencing guide-
lines, policy statements, or official commentary of the Sen-
tencing Commission that is inconsistent with any amendment
made by subsection (b) or that adds any new grounds of down-
ward departure to Part K of chapter 5.
(3) With respect to cases covered by the amendments made
by subsection (i) of this section, the Sentencing Commission
may make further amendments to the sentencing guidelines,
policy statements, or official commentary of the Sentencing
Commission, except that the Commission shall not promulgate
any amendments that, with respect to such cases, would result
in sentencing ranges that are lower than those that would
have applied under such subsection.
(4) At no time may the Commission promulgate any amend-
ment that would alter or repeal the amendments made by
subsection (g) of this section.
(5) Section 3553(a) of title 18, United States Code, is
amended—
(A) by amending paragraph (4)(A) to read as follows:
‘‘(A) the applicable category of offense committed by
the applicable category of defendant as set forth in the
guidelines—
28 USC 994 note.
28 USC 994 note.
28 USC 994 note.
28 USC 994 note.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00699
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 674
PUBLIC LAW 108–21—APR. 30, 2003
‘‘(i) issued by the Sentencing Commission pursuant
to section 994(a)(1) of title 28, United States Code,
subject to any amendments made to such guidelines
by act of Congress (regardless of whether such amend-
ments have yet to be incorporated by the Sentencing
Commission into amendments issued under section
994(p) of title 28); and
‘‘(ii) that, except as provided in section 3742(g),
are in effect on the date the defendant is sentenced;
or’’;
(B) in paragraph (4)(B), by inserting ‘‘, taking into
account any amendments made to such guidelines or policy
statements by act of Congress (regardless of whether such
amendments have yet to be incorporated by the Sentencing
Commission into amendments issued under section 994(p)
of title 28)’’ after ‘‘Code’’;
(C) by amending paragraph (5) to read as follows:
‘‘(5) any pertinent policy statement—
‘‘(A) issued by the Sentencing Commission pursuant
to section 994(a)(2) of title 28, United States Code, subject
to any amendments made to such policy statement by
act of Congress (regardless of whether such amendments
have yet to be incorporated by the Sentencing Commission
into amendments issued under section 994(p) of title 28);
and
‘‘(B) that, except as provided in section 3742(g), is
in effect on the date the defendant is sentenced.’’.
(k) COMPLIANCE WITH STATUTE.—Section 994(a) of title 28,
United States Code, is amended by striking ‘‘consistent with all
pertinent provisions of this title and title 18, United States Code,’’
and inserting ‘‘consistent with all pertinent provisions of any Fed-
eral statute’’.
(l) REPORT BY ATTORNEY GENERAL.—
(1) DEFINED TERM.—For purposes of this section, the term
‘‘report described in paragraph (3)’’ means a report, submitted
by the Attorney General, which states in detail the policies
and procedures that the Department of Justice has adopted
subsequent to the enactment of this Act—
(A) to ensure that Department of Justice attorneys
oppose sentencing adjustments, including downward depar-
tures, that are not supported by the facts and the law;
(B) to ensure that Department of Justice attorneys
in such cases make a sufficient record so as to permit
the possibility of an appeal;
(C) to delineate objective criteria, specified by the
Attorney General, as to which such cases may warrant
consideration of an appeal, either because of the nature
or magnitude of the sentencing error, its prevalence in
the district, or its prevalence with respect to a particular
judge;
(D) to ensure that Department of Justice attorneys
promptly notify the designated Department of Justice
component in Washington concerning such adverse sen-
tencing decisions; and
(E) to ensure the vigorous pursuit of appropriate and
meritorious appeals of such adverse decisions.
(2) REPORT REQUIRED.—
18 USC 3553
note.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00700
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 675
PUBLIC LAW 108–21—APR. 30, 2003
(A) IN GENERAL.—Not later than 15 days after a district
court’s grant of a downward departure in any case, other
than a case involving a downward departure for substantial
assistance to authorities pursuant to section 5K1.1 of the
United States Sentencing Guidelines, the Attorney General
shall submit a report to the Committees on the Judiciary
of the House of Representatives and the Senate containing
the information described under subparagraph (B).
(B) CONTENTS.—The report submitted pursuant to
subparagraph (A) shall set forth—
(i) the case;
(ii) the facts involved;
(iii) the identity of the district court judge;
(iv) the district court’s stated reasons, whether
or not the court provided the United States with
advance notice of its intention to depart; and
(v) the position of the parties with respect to the
downward departure, whether or not the United States
has filed, or intends to file, a motion for reconsider-
ation.
(C) APPEAL OF THE DEPARTURE.—Not later than 5 days
after a decision by the Solicitor General regarding the
authorization of an appeal of the departure, the Attorney
General shall submit a report to the Committees on the
Judiciary of the House of Representatives and the Senate
that describes the decision of the Solicitor General and
the basis for such decision.
(3) EFFECTIVE DATE.—Paragraph (2) shall take effect on
the day that is 91 days after the date of enactment of this
Act, except that such paragraph shall not take effect if not
more than 90 days after the date of enactment of this Act
the Attorney General has submitted to the Judiciary Commit-
tees of the House of Representatives and the Senate the report
described in paragraph (3).
(m) REFORM OF EXISTING PERMISSIBLE GROUNDS OF DOWNWARD
DEPARTURES.—Not later than 180 days after the enactment of this
Act, the United States Sentencing Commission shall—
(1) review the grounds of downward departure that are
authorized by the sentencing guidelines, policy statements, and
official commentary of the Sentencing Commission; and
(2) promulgate, pursuant to section 994 of title 28, United
States Code—
(A) appropriate amendments to the sentencing guide-
lines, policy statements, and official commentary to ensure
that the incidence of downward departures are substan-
tially reduced;
(B) a policy statement authorizing a downward depar-
ture of not more than 4 levels if the Government files
a motion for such departure pursuant to an early disposi-
tion program authorized by the Attorney General and the
United States Attorney; and
(C) any other conforming amendments to the sen-
tencing guidelines, policy statements, and official com-
mentary of the Sentencing Commission necessitated by
this Act, including a revision of paragraph 4(b) of part
A of chapter 1 and a revision of section 5K2.0.
(n) COMPOSITION OF SENTENCING COMMISSION.—
28 USC 994 note.
Deadline.
Deadline.
Deadline.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00701
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 676
PUBLIC LAW 108–21—APR. 30, 2003
(1) IN GENERAL.—Section 991(a) of title 28, United States
Code, is amended by striking ‘‘At least three’’ and inserting
‘‘Not more than 3’’.
(2) APPLICABILITY.—The amendment made under para-
graph (1) shall not apply to any person who is serving, or
who has been nominated to serve, as a member of the Sen-
tencing Commission on the date of enactment of this Act.
TITLE V—OBSCENITY AND
PORNOGRAPHY
Subtitle A—Child Obscenity and
Pornography Prevention
SEC. 501. FINDINGS.
Congress finds the following:
(1) Obscenity and child pornography are not entitled to
protection under the First Amendment under Miller v. Cali-
fornia, 413 U.S. 15 (1973) (obscenity), or New York v. Ferber,
458 U.S. 747 (1982) (child pornography) and thus may be
prohibited.
(2) The Government has a compelling state interest in
protecting children from those who sexually exploit them,
including both child molesters and child pornographers. ‘‘The
prevention of sexual exploitation and abuse of children con-
stitutes a government objective of surpassing importance,’’ New
York v. Ferber, 458 U.S. 747, 757 (1982), and this interest
extends to stamping out the vice of child pornography at all
levels in the distribution chain. Osborne v. Ohio, 495 U.S.
103, 110 (1990).
(3) The Government thus has a compelling interest in
ensuring that the criminal prohibitions against child pornog-
raphy remain enforceable and effective. ‘‘The most expeditious
if not the only practical method of law enforcement may be
to dry up the market for this material by imposing severe
criminal penalties on persons selling, advertising, or otherwise
promoting the product.’’ Ferber, 458 U.S. at 760.
(4) In 1982, when the Supreme Court decided Ferber, the
technology did not exist to—
(A) computer generate depictions of children that are
indistinguishable from depictions of real children;
(B) use parts of images of real children to create a
composite image that is unidentifiable as a particular child
and in a way that prevents even an expert from concluding
that parts of images of real children were used; or
(C) disguise pictures of real children being abused by
making the image look computer-generated.
(5) Evidence submitted to the Congress, including from
the National Center for Missing and Exploited Children, dem-
onstrates that technology already exists to disguise depictions
of real children to make them unidentifiable and to make
depictions of real children appear computer-generated. The
technology will soon exist, if it does not already, to computer
generate realistic images of children.
18 USC 2251
note.
28 USC 991 note.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00702
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 677
PUBLIC LAW 108–21—APR. 30, 2003
(6) The vast majority of child pornography prosecutions
today involve images contained on computer hard drives, com-
puter disks, and/or related media.
(7) There is no substantial evidence that any of the child
pornography images being trafficked today were made other
than by the abuse of real children. Nevertheless, technological
advances since Ferber have led many criminal defendants to
suggest that the images of child pornography they possess
are not those of real children, insisting that the government
prove beyond a reasonable doubt that the images are not com-
puter-generated. Such challenges increased significantly after
the decision in Ashcroft v. Free Speech Coalition, 535 U.S.
234 (2002).
(8) Child pornography circulating on the Internet has, by
definition, been digitally uploaded or scanned into computers
and has been transferred over the Internet, often in different
file formats, from trafficker to trafficker. An image seized from
a collector of child pornography is rarely a first-generation
product, and the retransmission of images can alter the image
so as to make it difficult for even an expert conclusively to
opine that a particular image depicts a real child. If the original
image has been scanned from a paper version into a digital
format, this task can be even harder since proper forensic
assessment may depend on the quality of the image scanned
and the tools used to scan it.
(9) The impact of the Free Speech Coalition decision on
the Government’s ability to prosecute child pornography
offenders is already evident. The Ninth Circuit has seen a
significant adverse effect on prosecutions since the 1999 Ninth
Circuit Court of Appeals decision in Free Speech Coalition.
After that decision, prosecutions generally have been brought
in the Ninth Circuit only in the most clear-cut cases in which
the government can specifically identify the child in the depic-
tion or otherwise identify the origin of the image. This is
a fraction of meritorious child pornography cases. The National
Center for Missing and Exploited Children testified that, in
light of the Supreme Court’s affirmation of the Ninth Circuit
decision, prosecutors in various parts of the country have
expressed concern about the continued viability of previously
indicted cases as well as declined potentially meritorious
prosecutions.
(10) Since the Supreme Court’s decision in Free Speech
Coalition, defendants in child pornography cases have almost
universally raised the contention that the images in question
could be virtual, thereby requiring the government, in nearly
every child pornography prosecution, to find proof that the
child is real. Some of these defense efforts have already been
successful. In addition, the number of prosecutions being
brought has been significantly and adversely affected as the
resources required to be dedicated to each child pornography
case now are significantly higher than ever before.
(11) Leading experts agree that, to the extent that the
technology exists to computer generate realistic images of child
pornography, the cost in terms of time, money, and expertise
is—and for the foreseeable future will remain—prohibitively
expensive. As a result, for the foreseeable future, it will be
more cost-effective to produce child pornography using real
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00703
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 678
PUBLIC LAW 108–21—APR. 30, 2003
children. It will not, however, be difficult or expensive to use
readily available technology to disguise those depictions of real
children to make them unidentifiable or to make them appear
computer-generated.
(12) Child pornography results from the abuse of real chil-
dren by sex offenders; the production of child pornography
is a byproduct of, and not the primary reason for, the sexual
abuse of children. There is no evidence that the future develop-
ment of easy and inexpensive means of computer generating
realistic images of children would stop or even reduce the
sexual abuse of real children or the practice of visually
recording that abuse.
(13) In the absence of congressional action, the difficulties
in enforcing the child pornography laws will continue to grow
increasingly worse. The mere prospect that the technology
exists to create composite or computer-generated depictions
that are indistinguishable from depictions of real children will
allow defendants who possess images of real children to escape
prosecution; for it threatens to create a reasonable doubt in
every case of computer images even when a real child was
abused. This threatens to render child pornography laws that
protect real children unenforceable. Moreover, imposing an
additional requirement that the Government prove beyond a
reasonable doubt that the defendant knew that the image was
in fact a real child—as some courts have done—threatens to
result in the de facto legalization of the possession, receipt,
and distribution of child pornography for all except the original
producers of the material.
(14) To avoid this grave threat to the Government’s unques-
tioned compelling interest in effective enforcement of the child
pornography laws that protect real children, a statute must
be adopted that prohibits a narrowly-defined subcategory of
images.
(15) The Supreme Court’s 1982 Ferber v. New York decision
holding that child pornography was not protected drove child
pornography off the shelves of adult bookstores. Congressional
action is necessary now to ensure that open and notorious
trafficking in such materials does not reappear, and even
increase, on the Internet.
SEC. 502. IMPROVEMENTS TO PROHIBITION ON VIRTUAL CHILD
PORNOGRAPHY.
(a) Section 2256(8) of title 18, United States Code, is amended—
(1) so that subparagraph (B) reads as follows:
‘‘(B) such visual depiction is a digital image, computer
image, or computer-generated image that is, or is indistin-
guishable from, that of a minor engaging in sexually
explicit conduct; or’’;
(2) by striking ‘‘; or’’ at the end of subparagraph (C) and
inserting a period; and
(3) by striking subparagraph (D).
(b) Section 2256(2) of title 18, United States Code, is amended
to read as follows:
‘‘(2)(A) Except as provided in subparagraph (B), ‘sexually
explicit conduct’ means actual or simulated—
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00704
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 679
PUBLIC LAW 108–21—APR. 30, 2003
‘‘(i) sexual intercourse, including genital-genital, oral-
genital, anal-genital, or oral-anal, whether between persons
of the same or opposite sex;
‘‘(ii) bestiality;
‘‘(iii) masturbation;
‘‘(iv) sadistic or masochistic abuse; or
‘‘(v) lascivious exhibition of the genitals or pubic area
of any person;
‘‘(B) For purposes of subsection 8(B) of this section, ‘sexually
explicit conduct’ means—
‘‘(i) graphic sexual intercourse, including genital-gen-
ital, oral-genital, anal-genital, or oral-anal, whether
between persons of the same or opposite sex, or lascivious
simulated sexual intercourse where the genitals, breast,
or pubic area of any person is exhibited;
‘‘(ii) graphic or lascivious simulated;
‘‘(I) bestiality;
‘‘(II) masturbation; or
‘‘(III) sadistic or masochistic abuse; or
‘‘(iii) graphic or simulated lascivious exhibition of the
genitals or pubic area of any person;’’.
(c) Section 2256 is amended by inserting at the end the fol-
lowing new paragraphs:
‘‘(10) ‘graphic’, when used with respect to a depiction of
sexually explicit conduct, means that a viewer can observe
any part of the genitals or pubic area of any depicted person
or animal during any part of the time that the sexually explicit
conduct is being depicted; and
‘‘(11) the term ‘indistinguishable’ used with respect to a
depiction, means virtually indistinguishable, in that the depic-
tion is such that an ordinary person viewing the depiction
would conclude that the depiction is of an actual minor engaged
in sexually explicit conduct. This definition does not apply
to depictions that are drawings, cartoons, sculptures, or
paintings depicting minors or adults.’’.
(d) Section 2252A(c) of title 18, United States Code, is amended
to read as follows:
‘‘(c) It shall be an affirmative defense to a charge of violating
paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) that—
‘‘(1)(A) the alleged child pornography was produced using
an actual person or persons engaging in sexually explicit con-
duct; and
‘‘(B) each such person was an adult at the time the material
was produced; or
‘‘(2) the alleged child pornography was not produced using
any actual minor or minors.
No affirmative defense under subsection (c)(2) shall be available
in any prosecution that involves child pornography as described
in section 2256(8)(C). A defendant may not assert an affirmative
defense to a charge of violating paragraph (1), (2), (3)(A), (4), or
(5) of subsection (a) unless, within the time provided for filing
pretrial motions or at such time prior to trial as the judge may
direct, but in no event later than 10 days before the commencement
of the trial, the defendant provides the court and the United States
with notice of the intent to assert such defense and the substance
of any expert or other specialized testimony or evidence upon which
the defendant intends to rely. If the defendant fails to comply
Deadline.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00705
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 680
PUBLIC LAW 108–21—APR. 30, 2003
with this subsection, the court shall, absent a finding of extraor-
dinary circumstances that prevented timely compliance, prohibit
the defendant from asserting such defense to a charge of violating
paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) or presenting
any evidence for which the defendant has failed to provide proper
and timely notice.’’.
SEC. 503. CERTAIN ACTIVITIES RELATING TO MATERIAL CONSTI-
TUTING OR CONTAINING CHILD PORNOGRAPHY.
Section 2252A of title 18, United States Code, is amended—
(1) in subsection (a)—
(A) by striking paragraph (3) and inserting the fol-
lowing:
‘‘(3) knowingly—
‘‘(A) reproduces any child pornography for distribution
through the mails, or in interstate or foreign commerce
by any means, including by computer; or
‘‘(B) advertises, promotes, presents, distributes, or
solicits through the mails, or in interstate or foreign com-
merce by any means, including by computer, any material
or purported material in a manner that reflects the belief,
or that is intended to cause another to believe, that the
material or purported material is, or contains—
‘‘(i) an obscene visual depiction of a minor engaging
in sexually explicit conduct; or
‘‘(ii) a visual depiction of an actual minor engaging
in sexually explicit conduct;’’;
(B) in paragraph (4), by striking ‘‘or’’ at the end;
(C) in paragraph (5), by striking the comma at the
end and inserting ‘‘; or’’; and
(D) by adding after paragraph (5) the following:
‘‘(6) knowingly distributes, offers, sends, or provides to
a minor any visual depiction, including any photograph, film,
video, picture, or computer generated image or picture, whether
made or produced by electronic, mechanical, or other means,
where such visual depiction is, or appears to be, of a minor
engaging in sexually explicit conduct—
‘‘(A) that has been mailed, shipped, or transported
in interstate or foreign commerce by any means, including
by computer;
‘‘(B) that was produced using materials that have been
mailed, shipped, or transported in interstate or foreign
commerce by any means, including by computer; or
‘‘(C) which distribution, offer, sending, or provision is
accomplished using the mails or by transmitting or causing
to be transmitted any wire communication in interstate
or foreign commerce, including by computer,
for purposes of inducing or persuading a minor to participate
in any activity that is illegal.’’; and
(2) in subsection (b)(1), by striking ‘‘paragraphs (1), (2),
(3), or (4)’’ and inserting ‘‘paragraph (1), (2), (3), (4), or (6)’’.
SEC. 504. OBSCENE CHILD PORNOGRAPHY.
(a) IN GENERAL.—Chapter 71 of title 18, United States Code,
is amended by inserting after section 1466 the following:
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00706
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 681
PUBLIC LAW 108–21—APR. 30, 2003
‘‘§ 1466A. Obscene visual representations of the sexual abuse
of children
‘‘(a) IN GENERAL.—Any person who, in a circumstance described
in subsection (d), knowingly produces, distributes, receives, or pos-
sesses with intent to distribute, a visual depiction of any kind,
including a drawing, cartoon, sculpture, or painting, that—
‘‘(1)(A) depicts a minor engaging in sexually explicit con-
duct; and
‘‘(B) is obscene; or
‘‘(2)(A) depicts an image that is, or appears to be, of a
minor engaging in graphic bestiality, sadistic or masochistic
abuse, or sexual intercourse, including genital-genital, oral-
genital, anal-genital, or oral-anal, whether between persons
of the same or opposite sex; and
‘‘(B) lacks serious literary, artistic, political, or scientific
value;
or attempts or conspires to do so, shall be subject to the penalties
provided in section 2252A(b)(1), including the penalties provided
for cases involving a prior conviction.
‘‘(b) ADDITIONAL OFFENSES.—Any person who, in a circumstance
described in subsection (d), knowingly possesses a visual depiction
of any kind, including a drawing, cartoon, sculpture, or painting,
that—
‘‘(1)(A) depicts a minor engaging in sexually explicit con-
duct; and
‘‘(B) is obscene; or
‘‘(2)(A) depicts an image that is, or appears to be, of a
minor engaging in graphic bestiality, sadistic or masochistic
abuse, or sexual intercourse, including genital-genital, oral-
genital, anal-genital, or oral-anal, whether between persons
of the same or opposite sex; and
‘‘(B) lacks serious literary, artistic, political, or scientific
value;
or attempts or conspires to do so, shall be subject to the penalties
provided in section 2252A(b)(2), including the penalties provided
for cases involving a prior conviction.
‘‘(c) NONREQUIRED ELEMENT OF OFFENSE.—It is not a required
element of any offense under this section that the minor depicted
actually exist.
‘‘(d) CIRCUMSTANCES.—The circumstance referred to in sub-
sections (a) and (b) is that—
‘‘(1) any communication involved in or made in furtherance
of the offense is communicated or transported by the mail,
or in interstate or foreign commerce by any means, including
by computer, or any means or instrumentality of interstate
or foreign commerce is otherwise used in committing or in
furtherance of the commission of the offense;
‘‘(2) any communication involved in or made in furtherance
of the offense contemplates the transmission or transportation
of a visual depiction by the mail, or in interstate or foreign
commerce by any means, including by computer;
‘‘(3) any person travels or is transported in interstate or
foreign commerce in the course of the commission or in further-
ance of the commission of the offense;
‘‘(4) any visual depiction involved in the offense has been
mailed, or has been shipped or transported in interstate or
foreign commerce by any means, including by computer, or
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00707
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 682
PUBLIC LAW 108–21—APR. 30, 2003
was produced using materials that have been mailed, or that
have been shipped or transported in interstate or foreign com-
merce by any means, including by computer; or
‘‘(5) the offense is committed in the special maritime and
territorial jurisdiction of the United States or in any territory
or possession of the United States.
‘‘(e) AFFIRMATIVE DEFENSE.—It shall be an affirmative defense
to a charge of violating subsection (b) that the defendant—
‘‘(1) possessed less than 3 such visual depictions; and
‘‘(2) promptly and in good faith, and without retaining
or allowing any person, other than a law enforcement agency,
to access any such visual depiction—
‘‘(A) took reasonable steps to destroy each such visual
depiction; or
‘‘(B) reported the matter to a law enforcement agency
and afforded that agency access to each such visual depic-
tion.
‘‘(f) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘visual depiction’ includes undeveloped film
and videotape, and data stored on a computer disk or by elec-
tronic means which is capable of conversion into a visual image,
and also includes any photograph, film, video, picture, digital
image or picture, computer image or picture, or computer gen-
erated image or picture, whether made or produced by elec-
tronic, mechanical, or other means;
‘‘(2) the term ‘sexually explicit conduct’ has the meaning
given the term in section 2256(2)(A) or 2256(2)(B); and
‘‘(3) the term ‘graphic’, when used with respect to a depic-
tion of sexually explicit conduct, means that a viewer can
observe any part of the genitals or pubic area of any depicted
person or animal during any part of the time that the sexually
explicit conduct is being depicted.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
sections at the beginning of such chapter is amended by inserting
after the item relating to section 1466 the following new item:
‘‘1466A. Obscene visual representations of the sexual abuse of children.’’.
(c) SENTENCING GUIDELINES.—
(1) CATEGORY.—Except as provided in paragraph (2), the
applicable category of offense to be used in determining the
sentencing range referred to in section 3553(a)(4) of title 18,
United States Code, with respect to any person convicted under
section 1466A of such title, shall be the category of offenses
described in section 2G2.2 of the Sentencing Guidelines.
(2) RANGES.—The Sentencing Commission may promulgate
guidelines specifically governing offenses under section 1466A
of title 18, United States Code, if such guidelines do not result
in sentencing ranges that are lower than those that would
have applied under paragraph (1).
SEC. 505. ADMISSIBILITY OF EVIDENCE.
Section 2252A of title 18, United States Code, is amended
by adding at the end the following:
‘‘(e) ADMISSIBILITY OF EVIDENCE.—On motion of the govern-
ment, in any prosecution under this chapter or section 1466A,
except for good cause shown, the name, address, social security
number, or other nonphysical identifying information, other than
the age or approximate age, of any minor who is depicted in any
28 USC 994 note.
18 USC 1466A
note.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00708
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 683
PUBLIC LAW 108–21—APR. 30, 2003
child pornography shall not be admissible and may be redacted
from any otherwise admissible evidence, and the jury shall be
instructed, upon request of the United States, that it can draw
no inference from the absence of such evidence in deciding whether
the child pornography depicts an actual minor.’’.
SEC. 506. EXTRATERRITORIAL PRODUCTION OF CHILD PORNOGRAPHY
FOR DISTRIBUTION IN THE UNITED STATES.
Section 2251 of title 18, United States Code, is amended—
(1) by striking ‘‘subsection (d)’’ each place that term appears
and inserting ‘‘subsection (e)’’;
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (b) the following:
‘‘(c)(1) Any person who, in a circumstance described in para-
graph (2), employs, uses, persuades, induces, entices, or coerces
any minor to engage in, or who has a minor assist any other
person to engage in, any sexually explicit conduct outside of the
United States, its territories or possessions, for the purpose of
producing any visual depiction of such conduct, shall be punished
as provided under subsection (e).
‘‘(2) The circumstance referred to in paragraph (1) is that—
‘‘(A) the person intends such visual depiction to be trans-
ported to the United States, its territories or possessions, by
any means, including by computer or mail; or
‘‘(B) the person transports such visual depiction to the
United States, its territories or possessions, by any means,
including by computer or mail.’’.
SEC. 507. STRENGTHENING ENHANCED PENALTIES FOR REPEAT
OFFENDERS.
Sections 2251(e) (as redesignated by section 506(2)), 2252(b),
and 2252A(b) of title 18, United States Code, are each amended—
(1) by inserting ‘‘chapter 71,’’ immediately before each
occurrence of ‘‘chapter 109A,’’; and
(2) by inserting ‘‘or under section 920 of title 10 (article
120 of the Uniform Code of Military Justice),’’ immediately
before each occurrence of ‘‘or under the laws’’.
SEC. 508. SERVICE PROVIDER REPORTING OF CHILD PORNOGRAPHY
AND RELATED INFORMATION.
(a) Section 227 of the Victims of Child Abuse Act of 1990
(42 U.S.C. 13032) is amended—
(1) in subsection (b)(1)—
(A) by inserting ‘‘2252B,’’ after ‘‘2252A,’’; and
(B) by inserting ‘‘or a violation of section 1466A of
that title,’’ after ‘‘of that title),’’;
(2) in subsection (c), by inserting ‘‘or pursuant to’’ after
‘‘to comply with’’;
(3) by amending subsection (f)(1)(D) to read as follows:
‘‘(D) where the report discloses a violation of State
criminal law, to an appropriate official of a State or subdivi-
sion of a State for the purpose of enforcing such State
law.’’;
(4) by redesignating paragraph (3) of subsection (b) as
paragraph (4); and
(5) by inserting after paragraph (2) of subsection (b) the
following new paragraph:
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00709
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 684
PUBLIC LAW 108–21—APR. 30, 2003
‘‘(3) In addition to forwarding such reports to those agencies
designated in subsection (b)(2), the National Center for Missing
and Exploited Children is authorized to forward any such report
to an appropriate official of a state or subdivision of a state
for the purpose of enforcing state criminal law.’’.
(b) Section 2702 of title 18, United States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (6), by striking subparagraph (B);
(B) by redesignating paragraphs (6) and (7) as para-
graphs (7) and (8) respectively;
(C) by striking ‘‘or’’ at the end of paragraph (5); and
(D) by inserting after paragraph (5) the following new
paragraph:
‘‘(6) to the National Center for Missing and Exploited Chil-
dren, in connection with a report submitted thereto under sec-
tion 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13032);’’; and
(2) in subsection (c)—
(A) by striking ‘‘or’’ at the end of paragraph (4);
(B) by redesignating paragraph (5) as paragraph (6);
and
(C) by adding after paragraph (4) the following new
paragraph:
‘‘(5) to the National Center for Missing and Exploited Chil-
dren, in connection with a report submitted thereto under sec-
tion 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13032); or’’.
SEC. 509. INVESTIGATIVE AUTHORITY RELATING TO CHILD PORNOG-
RAPHY.
Section 3486(a)(1)(C)(i) of title 18, United States Code, is
amended by striking ‘‘the name, address’’ and all that follows
through ‘‘subscriber or customer utilized’’ and inserting ‘‘the
information specified in section 2703(c)(2)’’.
SEC. 510. CIVIL REMEDIES.
Section 2252A of title 18, United States Code, as amended
by this Act, is amended by adding at the end the following:
‘‘(f) CIVIL REMEDIES.—
‘‘(1) IN GENERAL.—Any person aggrieved by reason of the
conduct prohibited under subsection (a) or (b) or section 1466A
may commence a civil action for the relief set forth in paragraph
(2).
‘‘(2) RELIEF.—In any action commenced in accordance with
paragraph (1), the court may award appropriate relief,
including—
‘‘(A) temporary, preliminary, or permanent injunctive
relief;
‘‘(B) compensatory and punitive damages; and
‘‘(C) the costs of the civil action and reasonable fees
for attorneys and expert witnesses.’’.
SEC. 511. RECORDKEEPING REQUIREMENTS.
(a) IN GENERAL.—Section 2257 of title 18, United States Code,
is amended—
(1) in subsection (d)(2), by striking ‘‘of this section’’ and
inserting ‘‘of this chapter or chapter 71,’’;
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00710
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 685
PUBLIC LAW 108–21—APR. 30, 2003
(2) in subsection (h)(3), by inserting ‘‘, computer generated
image, digital image, or picture,’’ after ‘‘video tape’’; and
(3) in subsection (i)—
(A) by striking ‘‘not more than 2 years’’ and inserting
‘‘not more than 5 years’’; and
(B) by striking ‘‘5 years’’ and inserting ‘‘10 years’’.
(b) REPORT.—Not 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 Depart-
ment of Justice has inspected the records of any producer of mate-
rials 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 pros-
ecuted as a result of those inspections.
SEC. 512. SENTENCING ENHANCEMENTS FOR INTERSTATE TRAVEL TO
ENGAGE IN SEXUAL ACT WITH A JUVENILE.
Pursuant to its authority under section 994(p) of title 28, United
States Code, and in accordance with this section, the United States
Sentencing Commission shall review and, as appropriate, amend
the Federal Sentencing Guidelines and policy statements to ensure
that guideline penalties are adequate in cases that involve inter-
state travel with the intent to engage in a sexual act with a
juvenile in violation of section 2423 of title 18, United States Code,
to deter and punish such conduct.
SEC. 513. MISCELLANEOUS PROVISIONS.
(a) APPOINTMENT OF TRIAL ATTORNEYS.—
(1) IN GENERAL.—Not later than 6 months after the date
of enactment of this Act, the Attorney General shall appoint
25 additional trial attorneys to the Child Exploitation and
Obscenity Section of the Criminal Division of the Department
of Justice or to appropriate United States Attorney’s Offices,
and those trial attorneys shall have as their primary focus,
the investigation and prosecution of Federal child pornography
and obscenity laws.
(2) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to the Department of Justice such
sums as may be necessary to carry out this subsection.
(b) REPORT TO CONGRESSIONAL COMMITTEES.—
(1) IN GENERAL.—Not later than 9 months after the date
of enactment of this Act, and every 2 years thereafter, the
Attorney General shall report to the Chairpersons and Ranking
Members of the Committees on the Judiciary of the Senate
and the House of Representatives on the Federal enforcement
actions under chapter 110 or section 1466A of title 18, United
States Code.
(2) CONTENTS.—The report required under paragraph (1)
shall include—
(A) an evaluation of the prosecutions brought under
chapter 110 or section 1466A of title 18, United States
Code;
(B) an outcome-based measurement of performance;
and
(C) an analysis of the technology being used by the
child pornography industry.
(c) SENTENCING GUIDELINES.—Pursuant to its authority under
section 994(p) of title 28, United States Code, and in accordance
28 USC 994 note.
Deadline.
18 USC 1466A
note.
Deadline.
28 USC 994 note.
Deadline.
18 USC 2557
note.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00711
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 686
PUBLIC LAW 108–21—APR. 30, 2003
with this section, the United States Sentencing Commission shall
review and, as appropriate, amend the Federal Sentencing Guide-
lines and policy statements to ensure that the guidelines are ade-
quate to deter and punish conduct that involves a violation of
paragraph (3)(B) or (6) of section 2252A(a) of title 18, United States
Code, as created by this Act. With respect to the guidelines for
section 2252A(a)(3)(B), the Commission shall consider the relative
culpability of promoting, presenting, describing, or distributing
material in violation of that section as compared with solicitation
of such material.
Subtitle B—Truth in Domain Names
SEC. 521. MISLEADING DOMAIN NAMES ON THE INTERNET.
(a) IN GENERAL.—Chapter 110 of title 18, United States Code,
is amended by inserting after section 2252A the following:
‘‘§ 2252B. Misleading domain names on the Internet
‘‘(a) Whoever knowingly uses a misleading domain name on
the Internet with the intent to deceive a person into viewing mate-
rial constituting obscenity shall be fined under this title or impris-
oned not more than 2 years, or both.
‘‘(b) Whoever knowingly uses a misleading domain name on
the Internet with the intent to deceive a minor into viewing material
that is harmful to minors on the Internet shall be fined under
this title or imprisoned not more than 4 years, or both.
‘‘(c) For the purposes of this section, a domain name that
includes a word or words to indicate the sexual content of the
site, such as ‘sex’ or ‘porn’, is not misleading.
‘‘(d) For the purposes of this section, the term ‘material that
is harmful to minors’ means any communication, consisting of
nudity, sex, or excretion, that, taken as a whole and with reference
to its context—
‘‘(1) predominantly appeals to a prurient interest of minors;
‘‘(2) is patently offensive to prevailing standards in the
adult community as a whole with respect to what is suitable
material for minors; and
‘‘(3) lacks serious literary, artistic, political, or scientific
value for minors.
‘‘(e) For the purposes of subsection (d), the term ‘sex’ means
acts of masturbation, sexual intercourse, or physcial contact with
a person’s genitals, or the condition of human male or female
genitals when in a state of sexual stimulation or arousal.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 110 of title 18, United States Code, is amended
by inserting after the item relating to section 2252A the following
new item:
‘‘2252B. Misleading domain names on the Internet.’’.
TITLE VI—MISCELLANEOUS
PROVISIONS
SEC. 601. PENALTIES FOR USE OF MINORS IN CRIMES OF VIOLENCE.
Chapter 1 of title 18, United States Code, is amended by
adding at the end the following:
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00712
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 687
PUBLIC LAW 108–21—APR. 30, 2003
‘‘§ 25. Use of minors in crimes of violence
‘‘(a) DEFINITIONS.—In this section, the following definitions
shall apply:
‘‘(1) CRIME OF VIOLENCE.—The term ‘crime of violence’ has
the meaning set forth in section 16.
‘‘(2) MINOR.—The term ‘minor’ means a person who has
not reached 18 years of age.
‘‘(3) USES.—The term ‘uses’ means employs, hires, per-
suades, induces, entices, or coerces.
‘‘(b) PENALTIES.—Any person who is 18 years of age or older,
who intentionally uses a minor to commit a crime of violence
for which such person may be prosecuted in a court of the United
States, or to assist in avoiding detection or apprehension for such
an offense, shall—
‘‘(1) for the first conviction, be subject to twice the max-
imum term of imprisonment and twice the maximum fine that
would otherwise be authorized for the offense; and
‘‘(2) for each subsequent conviction, be subject to 3 times
the maximum term of imprisonment and 3 times the maximum
fine that would otherwise be authorized for the offense.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 1 of title 18, United States Code, is amended
by adding at the end the following:
‘‘25. Use of minors in crimes of violence.’’.
SEC. 602. SENSE OF CONGRESS.
(a) FOCUS OF INVESTIGATION AND PROSECUTION.—It is the sense
of Congress that the Child Exploitation and Obscenity Section of
the Criminal Division of the Department of Justice should focus
its investigative and prosecutorial efforts on major producers,
distributors, and sellers of obscene material and child pornography
that use misleading methods to market their material to children.
(b) VOLUNTARY LIMITATION ON WEBSITE FRONT PAGES.—It is
the sense of Congress that the online commercial adult entertain-
ment industry should voluntarily refrain from placing obscenity,
child pornography, or material that is harmful to minors on the
front pages of their websites to protect juveniles from material
that may negatively impact their social, moral, and psychological
development.
SEC. 603. COMMUNICATIONS DECENCY ACT OF 1996.
Section 223 of the Communications Act of 1934 (47 U.S.C.
223) is amended—
(1) in subsection (a)(1)—
(A) in subparagraph (A), by striking ‘‘, lewd, lascivious,
filthy, or indecent’’ and inserting ‘‘or child pornography’’;
and
(B) in subparagraph (B), by striking ‘‘indecent’’ and
inserting ‘‘child pornography’’; and
(2) in subsection (d)(1), by striking ‘‘, in context, depicts
or describes, in terms patently offensive as measured by
contemporary community standards, sexual or excretory activi-
ties or organs’’ and inserting ‘‘is obscene or child pornography’’.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00713
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 688
PUBLIC LAW 108–21—APR. 30, 2003
SEC. 604. INTERNET AVAILABILITY OF INFORMATION CONCERNING
REGISTERED SEX OFFENDERS.
(a) IN GENERAL.—Section 170101(e)(2) of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(e)(2))
is amended by adding at the end the following: ‘‘The release of
information under this paragraph shall include the maintenance
of an Internet site containing such information that is available
to the public and instructions on the process for correcting informa-
tion that a person alleges to be erroneous.’’.
(b) COMPLIANCE DATE.—Each State shall implement the amend-
ment made by this section within 3 years after the date of enact-
ment of this Act, except that the Attorney General may grant
an additional 2 years to a State that is making a good faith
effort to implement the amendment made by this section.
(c) NATIONAL INTERNET SITE.—The Crimes Against Children
Section of the Criminal Division of the Department of Justice shall
create a national Internet site that links all State Internet sites
established pursuant to this section.
SEC. 605. REGISTRATION OF CHILD PORNOGRAPHERS IN THE
NATIONAL SEX OFFENDER REGISTRY.
(a) JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXU-
ALLY VIOLENT OFFENDER REGISTRATION PROGRAM.—Section 170101
of the Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 14071) is amended—
(1) by striking the section heading and inserting the fol-
lowing:
‘‘SEC. 170101. JACOB WETTERLING CRIMES AGAINST CHILDREN AND
SEXUALLY VIOLENT OFFENDER REGISTRATION PRO-
GRAM.’’;
and
(2) in subsection (a)(3)—
(A) in clause (vii), by striking ‘‘or’’ at the end;
(B) by redesignating clause (viii) as clause (ix); and
(C) by inserting after clause (vii) the following:
‘‘(viii) production or distribution of child pornog-
raphy, as described in section 2251, 2252, or 2252A
of title 18, United States Code; or’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Department of Justice, for each of fiscal
years 2004 through 2007, such sums as may be necessary to carry
out the amendments made by this section.
SEC. 606. GRANTS TO STATES FOR COSTS OF COMPLIANCE WITH NEW
SEX OFFENDER REGISTRY REQUIREMENTS.
Section 170101(i)(3) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(i)(3)) is amended to
read as follows:
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated for each of the fiscal years 2004 through
2007 such sums as may be necessary to carry out the provisions
of section 1701(d)(10) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd(d)(10)), as added by
the PROTECT Act.’’.
42 USC 14071
note.
42 USC 14071
note.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00714
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 689
PUBLIC LAW 108–21—APR. 30, 2003
SEC. 607. SAFE ID ACT.
(a) SHORT TITLE.—This section may be cited as the ‘‘Secure
Authentication Feature and Enhanced Identification Defense Act
of 2003’’ or ‘‘SAFE ID Act’’.
(b) FRAUD AND FALSE STATEMENTS.—
(1) OFFENSES.—Section 1028(a) of title 18, United States
Code, is amended—
(A) in paragraph (1), by inserting ‘‘, authentication
feature,’’ after ‘‘an identification document’’;
(B) in paragraph (2)—
(i) by inserting ‘‘, authentication feature,’’ after
‘‘an identification document’’; and
(ii) by inserting ‘‘or feature’’ after ‘‘such document’’;
(C) in paragraph (3), by inserting ‘‘, authentication
features,’’ after ‘‘possessor)’’;
(D) in paragraph (4)—
(i) by inserting ‘‘, authentication feature,’’ after
‘‘possessor)’’; and
(ii) by inserting ‘‘or feature’’ after ‘‘such document’’;
(E) in paragraph (5), by inserting ‘‘or authentication
feature’’ after ‘‘implement’’ each place that term appears;
(F) in paragraph (6)—
(i) by inserting ‘‘or authentication feature’’ before
‘‘that is or appears’’;
(ii) by inserting ‘‘or authentication feature’’ before
‘‘of the United States’’;
(iii) by inserting ‘‘or feature’’ after ‘‘such docu-
ment’’; and
(iv) by striking ‘‘or’’ at the end;
(G) in paragraph (7), by inserting ‘‘or’’ after the semi-
colon; and
(H) by inserting after paragraph (7) the following:
‘‘(8) knowingly traffics in false authentication features for
use in false identification documents, document-making imple-
ments, or means of identification;’’.
(2) PENALTIES.—Section 1028(b) of title 18, United States
Code, is amended—
(A) in paragraph (1)—
(i) in subparagraph (A)—
(I) by inserting ‘‘, authentication feature,’’
before ‘‘or false’’; and
(II) in clause (i), by inserting ‘‘or authentica-
tion feature’’ after ‘‘document’’; and
(ii) in subparagraph (B), by inserting ‘‘, authentica-
tion features,’’ before ‘‘or false’’; and
(B) in paragraph (2)(A), by inserting ‘‘, authentication
feature,’’ before ‘‘or a false’’.
(3) CIRCUMSTANCES.—Section 1028(c)(1) of title 18, United
States Code, is amended by inserting ‘‘, authentication feature,’’
before ‘‘or false’’ each place that term appears.
(4) DEFINITIONS.—Section 1028(d) of title 18, United States
Code, is amended—
(A) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), (7), and (8) as paragraphs (2), (3), (4), (7), (8), (9),
(10), and (11), respectively;
(B) by inserting before paragraph (2), as redesignated,
the following:
Secure
Authentication
Feature and
Enhanced
Identification
Defense Act of
2003.
18 USC 1001
note.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00715
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 690
PUBLIC LAW 108–21—APR. 30, 2003
‘‘(1) the term ‘authentication feature’ means any hologram,
watermark, certification, symbol, code, image, sequence of num-
bers or letters, or other feature that either individually or
in combination with another feature is used by the issuing
authority on an identification document, document-making
implement, or means of identification to determine if the docu-
ment is counterfeit, altered, or otherwise falsified;’’;
(C) in paragraph (4)(A), as redesignated, by inserting
‘‘or was issued under the authority of a governmental entity
but was subsequently altered for purposes of deceit’’ after
‘‘entity’’;
(D) by inserting after paragraph (4), as redesignated,
the following:
‘‘(5) the term ‘false authentication feature’ means an
authentication feature that—
‘‘(A) is genuine in origin, but, without the authorization
of the issuing authority, has been tampered with or altered
for purposes of deceit;
‘‘(B) is genuine, but has been distributed, or is intended
for distribution, without the authorization of the issuing
authority and not in connection with a lawfully made
identification document, document-making implement, or
means of identification to which such authentication fea-
ture is intended to be affixed or embedded by the respective
issuing authority; or
‘‘(C) appears to be genuine, but is not;
‘‘(6) the term ‘issuing authority’—
‘‘(A) means any governmental entity or agency that
is authorized to issue identification documents, means of
identification, or authentication features; and
‘‘(B) includes the United States Government, a State,
a political subdivision of a State, a foreign government,
a political subdivision of a foreign government, or an inter-
national government or quasi-governmental organization;’’;
(E) in paragraph (10), as redesignated, by striking
‘‘and’’ at the end;
(F) in paragraph (11), as redesignated, by striking
the period at the end and inserting ‘‘; and’’; and
(G) by adding at the end the following:
‘‘(12) the term ‘traffic’ means—
‘‘(A) to transport, transfer, or otherwise dispose of,
to another, as consideration for anything of value; or
‘‘(B) to make or obtain control of with intent to so
transport, transfer, or otherwise dispose of.’’.
(5) ADDITIONAL PENALTIES.—Section 1028 of title 18, United
States Code, is amended—
(A) by redesignating subsection (h) as subsection (i);
and
(B) by inserting after subsection (g) the following:
‘‘(h) FORFEITURE; DISPOSITION.—In the circumstance in which
any person is convicted of a violation of subsection (a), the court
shall order, in addition to the penalty prescribed, the forfeiture
and destruction or other disposition of all illicit authentication
features, identification documents, document-making implements,
or means of identification.’’.
(6) TECHNICAL
AND
CONFORMING
AMENDMENT.—Section
1028 of title 18, United States Code, is amended in the heading
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00716
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 691
PUBLIC LAW 108–21—APR. 30, 2003
by inserting ‘‘, AUTHENTICATION
FEATURES,’’ after ‘‘DOCU-
MENTS’’.
SEC. 608. ILLICIT DRUG ANTI-PROLIFERATION ACT.
(a) SHORT TITLE.—This section may be cited as the ‘‘Illicit
Drug Anti-Proliferation Act of 2003’’.
(b) OFFENSES.—
(1) IN
GENERAL.—Section 416(a) of the Controlled Sub-
stances Act (21 U.S.C. 856(a)) is amended—
(A) in paragraph (1), by striking ‘‘open or maintain
any place’’ and inserting ‘‘open, lease, rent, use, or maintain
any place, whether permanently or temporarily,’’; and
(B) by striking paragraph (2) and inserting the fol-
lowing:
‘‘(2) manage or control any place, whether permanently
or temporarily, either as an owner, lessee, agent, employee,
occupant, or mortgagee, and knowingly and intentionally rent,
lease, profit from, or make available for use, with or without
compensation, the place for the purpose of unlawfully manufac-
turing, storing, distributing, or using a controlled substance.’’.
(2) TECHNICAL AMENDMENT.—The heading to section 416
of the Controlled Substances Act (21 U.S.C. 856) is amended
to read as follows:
‘‘SEC. 416. MAINTAINING DRUG-INVOLVED PREMISES.’’.
(3) CONFORMING
AMENDMENT.—The table of contents to
title II of the Comprehensive Drug Abuse and Prevention Act
of 1970 is amended by striking the item relating to section
416 and inserting the following:
‘‘Sec. 416. Maintaining drug-involved premises.’’.
(c) CIVIL PENALTY AND EQUITABLE RELIEF FOR MAINTAINING
DRUG-INVOLVED PREMISES.—Section 416 of the Controlled Sub-
stances Act (21 U.S.C. 856) is amended by adding at the end
the following:
‘‘(d)(1) Any person who violates subsection (a) shall be subject
to a civil penalty of not more than the greater of—
‘‘(A) $250,000; or
‘‘(B) 2 times the gross receipts, either known or estimated,
that were derived from each violation that is attributable to
the person.
‘‘(2) If a civil penalty is calculated under paragraph (1)(B),
and there is more than 1 defendant, the court may apportion
the penalty between multiple violators, but each violator shall be
jointly and severally liable for the civil penalty under this sub-
section.
‘‘(e) Any person who violates subsection (a) shall be subject
to declaratory and injunctive remedies as set forth in section
403(f).’’.
(d) DECLARATORY AND INJUNCTIVE REMEDIES.—Section 403(f)(1)
of the Controlled Substances Act (21 U.S.C. 843(f)(1)) is amended
by striking ‘‘this section or section 402’’ and inserting ‘‘this section,
section 402, or 416’’.
(e) SENTENCING COMMISSION GUIDELINES.—The United States
Sentencing Commission shall—
(1) review the Federal sentencing guidelines with respect
to offenses involving gamma hydroxybutyric acid (GHB);
28 USC 994 note.
Illicit Drug Anti-
Proliferation Act
of 2003.
21 USC 801 note.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00717
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 692
PUBLIC LAW 108–21—APR. 30, 2003
(2) consider amending the Federal sentencing guidelines
to provide for increased penalties such that those penalties
reflect the seriousness of offenses involving GHB and the need
to deter them; and
(3) take any other action the Commission considers nec-
essary to carry out this section.
(f) AUTHORIZATION OF APPROPRIATIONS FOR A DEMAND REDUC-
TION
COORDINATOR.—There is authorized to be appropriated
$5,900,000 to the Drug Enforcement Administration of the Depart-
ment of Justice for the hiring of a special agent in each State
to serve as a Demand Reduction Coordinator.
(g) AUTHORIZATION
OF
APPROPRIATIONS
FOR
DRUG
EDU-
CATION.—There is authorized to be appropriated such sums as
necessary to the Drug Enforcement Administration of the Depart-
ment of Justice to educate youth, parents, and other interested
adults about club drugs.
SEC. 609. DEFINITION OF VEHICLE.
Section 1993(c) of title 18, United States Code, is amended—
(1) in paragraph (7), by striking ‘‘and’’ at the end;
(2) in paragraph (8), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(9) the term ‘vehicle’ means any carriage or other contriv-
ance used, or capable of being used, as a means of transpor-
tation on land, water, or through the air.’’.
SEC. 610. AUTHORIZATION OF JOHN DOE DNA INDICTMENTS.
(a) LIMITATION.—Section 3282 of title 18, United States Code,
is amended—
(1) by striking ‘‘Except’’ and inserting the following:
‘‘(a) IN GENERAL.—Except’’; and
(2) by adding at the end the following:
‘‘(b) DNA PROFILE INDICTMENT.—
‘‘(1) IN GENERAL.—In any indictment for an offense under
chapter 109A for which the identity of the accused is unknown,
it shall be sufficient to describe the accused as an individual
whose name is unknown, but who has a particular DNA profile.
‘‘(2) EXCEPTION.—Any indictment described under para-
graph (1), which is found not later than 5 years after the
offense under chapter 109A is committed, shall not be subject
to—
‘‘(A) the limitations period described under subsection
(a); and
‘‘(B) the provisions of chapter 208 until the individual
is arrested or served with a summons in connection with
the charges contained in the indictment.
‘‘(3) DEFINED TERM.—For purposes of this subsection, the
term ‘DNA profile’ means a set of DNA identification character-
istics.’’.
(b) RULES OF CRIMINAL PROCEDURE.—Rule 7(c)(1) of the Federal
Rules of Criminal Procedure is amended by adding at the end
the following: ‘‘For purposes of an indictment referred to in section
3282 of title 18, United States Code, for which the identity of
the defendant is unknown, it shall be sufficient for the indictment
to describe the defendant as an individual whose name is unknown,
but who has a particular DNA profile, as that term is defined
in that section 3282.’’.
18 USC app.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00718
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 693
PUBLIC LAW 108–21—APR. 30, 2003
SEC. 611. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD
VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL
ASSAULT.
Subtitle B of the Violence Against Women Act of 1994 (42
U.S.C. 13701 note; 108 Stat. 1925) is amended by adding at the
end the following:
‘‘CHAPTER 11—TRANSITIONAL HOUSING ASSISTANCE
GRANTS FOR CHILD VICTIMS OF DOMESTIC VIO-
LENCE, STALKING, OR SEXUAL ASSAULT
‘‘SEC. 40299. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD
VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR
SEXUAL ASSAULT.
‘‘(a) IN GENERAL.—The Attorney General, acting in consultation
with the Director of the Violence Against Women Office of the
Department of Justice, shall award grants under this section to
States, units of local government, Indian tribes, and other organiza-
tions (referred to in this section as the ‘recipient’) to carry out
programs to provide assistance to minors, adults, and their
dependents—
‘‘(1) who are homeless, or in need of transitional housing
or other housing assistance, as a result of fleeing a situation
of domestic violence; and
‘‘(2) for whom emergency shelter services or other crisis
intervention services are unavailable or insufficient.
‘‘(b) GRANTS.—Grants awarded under this section may be used
for programs that provide—
‘‘(1) short-term housing assistance, including rental or utili-
ties payments assistance and assistance with related expenses
such as payment of security deposits and other costs incidental
to relocation to transitional housing for persons described in
subsection (a); and
‘‘(2) support services designed to enable a minor, an adult,
or a dependent of such minor or adult, who is fleeing a situation
of domestic violence to—
‘‘(A) locate and secure permanent housing; and
‘‘(B) integrate into a community by providing that
minor, adult, or dependent with services, such as transpor-
tation, counseling, child care services, case management,
employment counseling, and other assistance.
‘‘(c) DURATION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
a minor, an adult, or a dependent, who receives assistance
under this section shall receive that assistance for not more
than 18 months.
‘‘(2) WAIVER.—The recipient of a grant under this section
may waive the restriction under paragraph (1) for not more
than an additional 6 month period with respect to any minor,
adult, or dependent, who—
‘‘(A) has made a good-faith effort to acquire permanent
housing; and
‘‘(B) has been unable to acquire permanent housing.
‘‘(d) APPLICATION.—
‘‘(1) IN
GENERAL.—Each eligible entity desiring a grant
under this section shall submit an application to the Attorney
General at such time, in such manner, and accompanied by
42 USC 13975.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00719
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 694
PUBLIC LAW 108–21—APR. 30, 2003
such information as the Attorney General may reasonably
require.
‘‘(2) CONTENTS.—Each application submitted pursuant to
paragraph (1) shall—
‘‘(A) describe the activities for which assistance under
this section is sought; and
‘‘(B) provide such additional assurances as the Attorney
General determines to be essential to ensure compliance
with the requirements of this section.
‘‘(3) APPLICATION.—Nothing in this subsection shall be con-
strued to require—
‘‘(A) victims to participate in the criminal justice
system in order to receive services; or
‘‘(B) domestic violence advocates to breach client con-
fidentiality.
‘‘(e) REPORT TO THE ATTORNEY GENERAL.—
‘‘(1) IN GENERAL.—A recipient of a grant under this section
shall annually prepare and submit to the Attorney General
a report describing—
‘‘(A) the number of minors, adults, and dependents
assisted under this section; and
‘‘(B) the types of housing assistance and support serv-
ices provided under this section.
‘‘(2) CONTENTS.—Each report prepared and submitted
pursuant to paragraph (1) shall include information regarding—
‘‘(A) the amount of housing assistance provided to each
minor, adult, or dependent, assisted under this section
and the reason for that assistance;
‘‘(B) the number of months each minor, adult, or
dependent, received assistance under this section;
‘‘(C) the number of minors, adults, and dependents
who—
‘‘(i) were eligible to receive assistance under this
section; and
‘‘(ii) were not provided with assistance under this
section solely due to a lack of available housing; and
‘‘(D) the type of support services provided to each
minor, adult, or dependent, assisted under this section.
‘‘(f) REPORT TO CONGRESS.—
‘‘(1) REPORTING
REQUIREMENT.—The Attorney General,
with the Director of the Violence Against Women Office, shall
annually prepare and submit to the Committee on the Judiciary
of the House of Representatives and the Committee on the
Judiciary of the Senate a report that contains a compilation
of the information contained in the report submitted under
subsection (e).
‘‘(2) AVAILABILITY OF REPORT.—In order to coordinate efforts
to assist the victims of domestic violence, the Attorney General,
in coordination with the Director of the Violence Against
Women Office, shall transmit a copy of the report submitted
under paragraph (1) to—
‘‘(A) 
the 
Office 
of 
Community 
Planning 
and
Development at the United States Department of Housing
and Urban Development; and
‘‘(B) the Office of Women’s Health at the United States
Department of Health and Human Services.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00720
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 695
PUBLIC LAW 108–21—APR. 30, 2003
LEGISLATIVE HISTORY—S. 151 (H.R. 1104):
HOUSE REPORTS: Nos. 108–47, Pt. 1 accompanying H.R. 1104 (Comm. on the Ju-
diciary) and 108–66 (Comm. of Conference).
SENATE REPORTS: No. 108–2 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 149 (2003):
Feb. 24, considered and passed Senate.
Mar. 27, considered and passed House, amended, in lieu of H.R. 1104.
Apr. 10, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Apr. 30, Presidential remarks and statement.
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to carry out this section $30,000,000 for each of the fiscal
years 2004 through 2008.
‘‘(2) LIMITATIONS.—Of the amount made available to carry
out this section in any fiscal year, not more than 3 percent
may be used by the Attorney General for salaries and adminis-
trative expenses.
‘‘(3) MINIMUM AMOUNT.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), unless all eligible applications submitted by any States,
units of local government, Indian tribes, or organizations
within a State for a grant under this section have been
funded, that State, together with the grantees within the
State (other than Indian tribes), shall be allocated in each
fiscal year, not less than 0.75 percent of the total amount
appropriated in the fiscal year for grants pursuant to this
section.
‘‘(B) EXCEPTION.—The United States Virgin Islands,
American Samoa, Guam, and the Northern Mariana
Islands shall each be allocated not less than 0.25 percent
of the total amount appropriated in the fiscal year for
grants pursuant to this section.’’.
Approved April 30, 2003.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00721
Fmt 6580
Sfmt 6580
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1