To prevent child abduction, and for other purposes.

March 5, 2003

Mr. SENSENBRENNER (for himself, Mr. SMITH of Texas, Mr. CHABOT, Mr. GREEN of Wisconsin, Mr. HYDE, and Mr. COBLE) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To prevent child abduction, 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.

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

TITLE I--SANCTIONS AND OFFENSES

SEC. 101. SUPERVISED RELEASE TERM FOR SEX OFFENDERS.

Section 3583 of title 18, United States Code, is amended--

(1) in subsection (e)(3), by inserting `on any such revocation' after `required to serve';

(2) in subsection (h), by striking `that is less than the maximum term of imprisonment authorized under subsection (e)(3)'; and

(3) by adding at the end the following:

`(k) Notwithstanding subsection (b), the authorized term of supervised release for any offense under section 1201 involving a minor victim, and for any offense under chapter 109A, 110, or 117, or section 1591, is any term of years or life, and the sentence for any such offense that is a felony shall include a term of supervised release of at least 5 years.'.

SEC. 102. FIRST DEGREE MURDER FOR CHILD ABUSE AND CHILD TORTURE MURDERS.

Section 1111 of title 18, United States Code, is amended--

(1) in subsection (a)--

(A) by inserting `child abuse,' after `sexual abuse,'; and

(B) by inserting `or perpetrated as part of a pattern or practice of assault or torture against a child or children;' after `robbery;'; and

(2) by inserting at the end the following:

`(c) For purposes of this section--

`(1) the term `assault' has the same meaning as given that term in section 113;

`(2) the term `child' means a person who has not attained the age of 18 years and is--

`(A) under the perpetrator's care or control; or

`(B) at least six years younger than the perpetrator;

`(3) the term `child abuse' means intentionally, knowingly, or recklessly causing death or serious bodily injury to a child;

`(4) the term `pattern or practice of assault or torture' means assault or torture engaged in on at least two occasions;

`(5) the term `recklessly' with respect to causing death or serious bodily injury--

`(A) means causing death or serious bodily injury under circumstances in which the perpetrator is aware of and disregards a grave risk of death or serious bodily injury; and

`(B) such recklessness can be inferred from the character, manner, and circumstances of the perpetrator's conduct;

`(6) the term `serious bodily injury' has the meaning set forth in section 1365; and

`(7) the term `torture' means conduct, whether or not committed under the color of law, that otherwise satisfies the definition set forth in section 2340(1).'.

SEC. 103. SEXUAL ABUSE PENALTIES.

(a) MAXIMUM PENALTY INCREASES- (1) Chapter 110 of title 18, United States Code, is amended--

(A) in section 2251(d)--

(i) by striking `20' and inserting `30'; and

(ii) by striking `30' the first place it appears and inserting `50';

(B) in section 2252(b)(1)--

(i) by striking `15' and inserting `20'; and

(ii) by striking `30' and inserting `40';

(C) in section 2252(b)(2)--

(i) by striking `5' and inserting `10'; and

(ii) by striking `10' and inserting `20';

(D) in section 2252A(b)(1)--

(i) by striking `15' and inserting `20'; and

(ii) by striking `30' and inserting `40'; and

(E) in section 2252A(b)(2)--

(i) by striking `5' and inserting `10'; and

(ii) by striking `10' and inserting `20'.

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

(A) in section 2422(a), by striking `10' and inserting `20';

(B) in section 2422(b), by striking `15' and inserting `30'; and

(C) in section 2423(a), by striking `15' and inserting `30'.

(3) Section 1591(b)(2) of title 18, United States Code, is amended by striking `20' and inserting `40'.

(b) MINIMUM PENALTY INCREASES- (1) Chapter 110 of title 18, United States Code, is amended--

(A) in section 2251(d)--

(i) by striking `or imprisoned not less than 10' and inserting `and imprisoned not less than 15';

(ii) by striking `and both,';

(iii) by striking `15' and inserting `25'; and

(iv) by striking `30' the second place it appears and inserting `35';

(B) in section 2251A(a) and (b), by striking `20' and inserting `30';

(C) in section 2252(b)(1)--

(i) by striking `or imprisoned' and inserting `and imprisoned not less than 10 years and';

(ii) by striking `or both,'; and

(iii) by striking `5' and inserting `15';

(D) in section 2252(b)(2)--

(i) by striking `or imprisoned' and inserting `and imprisoned not less than 5 years and';

(ii) by striking `or both,'; and

(iii) by striking `2' and inserting `10';

(E) in section 2252A(b)(1)--

(i) by striking `or imprisoned' and inserting `and imprisoned not less than 10 years and';

(ii) by striking `or both,'; and

(iii) by striking `5' and inserting `15'; and

(F) in section 2252A(b)(2)--

(i) by striking `or imprisoned' and inserting `and imprisoned not less than 5 years and';

(ii) by striking `or both,'; and

(iii) by striking `2' and inserting `10'.

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

(A) in section 2422(a)--

(i) by striking `or imprisoned' and inserting `and imprisoned not less than 2 years and'; and

(ii) by striking `, or both';

(B) in section 2422(b)--

(i) by striking `, imprisoned' and inserting `and imprisoned not less than 5 years and'; and

(ii) by striking `, or both'; and

(C) in section 2423(a)--

(i) by striking `, imprisoned' and inserting `and imprisoned not less than 5 years and'; and

(ii) by striking `, or both'.

SEC. 104. STRONGER PENALTIES AGAINST KIDNAPPING.

(a) SENTENCING GUIDELINES- Notwithstanding any other provision of law regarding the amendment of Sentencing Guidelines, the United States Sentencing Commission is directed to amend the Sentencing Guidelines, to take effect on the date that is 30 days after the date of the enactment of this Act--

(1) so that the base level for kidnapping in section 2A4.1(a) is increased from level 24 to level 32 (121-151 months);

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

(3) so that the increase provided by section 2A4.1(b)(5) is 6 levels instead of 3.

(b) MINIMUM MANDATORY SENTENCE- Section 1201(g) of title 18, United States Code, is amended by striking `shall be subject to paragraph (2)' in paragraph (1) and all that follows through paragraph (2) and inserting `shall include imprisonment for not less than 20 years.'.

SEC. 105. PENALTIES AGAINST SEX TOURISM.

(a) IN GENERAL- Section 2423 of title 18, United States Code, is amended by striking subsection (b) and inserting the following:

`(b) TRAVEL WITH INTENT TO ENGAGE IN ILLICIT SEXUAL CONDUCT- A person who travels in interstate commerce or travels into the United States, or a United States citizen or an alien admitted for permanent residence in the United States who travels in foreign commerce, for the purpose of engaging in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both.

`(c) ENGAGING IN ILLICIT SEXUAL CONDUCT IN FOREIGN PLACES- Any United States citizen or alien admitted for permanent residence who travels in foreign commerce, and engages in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both.

`(d) ANCILLARY OFFENSES- Whoever arranges, induces, procures, or facilitates the travel of a person knowing that such a person is traveling in interstate commerce or foreign commerce for the purpose of engaging in illicit sexual conduct shall be fined under this title, imprisoned not more than 30 years, or both.

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

`(f) DEFINITION- As used in this section, the term `illicit sexual conduct' means (1) a sexual act (as defined in section 2246) with a person that would be in violation of chapter 109A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States; or (2) any commercial sex act (as defined in section 1591) with a person who has not attained the age of 18 years.

`(g) DEFENSE- In a prosecution under this section based on illicit sexual conduct as defined in subsection (f)(2), it is a defense, which the defendant must establish by a preponderance of the evidence, that the defendant reasonably believed that the person with whom the defendant engaged in the commercial sex act had attained the age of 18 years.'.

(b) CONFORMING AMENDMENT- Section 2423(a) of title 18, United States Code, is amended by striking `or attempts to do so,'.

SEC. 106. TWO STRIKES YOU'RE OUT.

(a) IN GENERAL- Section 3559 of title 18, United States Code, is amended by adding at the end the following new subsection:

`(e) MANDATORY LIFE IMPRISONMENT FOR REPEATED SEX OFFENSES AGAINST CHILDREN-

`(1) IN GENERAL- A person who is convicted of a Federal sex offense in which a minor is the victim shall be sentenced to life imprisonment if the person has a prior sex conviction in which a minor was the victim, unless the sentence of death is imposed.

`(2) DEFINITIONS- For the purposes of this subsection--

`(A) the term `Federal sex offense' means--

`(i) an offense under section 2241 (relating to aggravated sexual abuse), 2242 (relating to sexual abuse), 2243(a) (relating to sexual abuse of a minor), 2244(a)(1) or (2) (relating to abusive sexual contact), 2245 (relating to sexual abuse resulting in death), or 2251A (relating to selling or buying of children); or

`(ii) an offense under section 2423(a) (relating to transportation of minors) involving prostitution or sexual activity constituting a State sex offense;

`(B) the term `State sex offense' means an offense under State law that consists of conduct that would be a Federal sex offense if, to the extent or in the manner specified in the applicable provision of this title--

`(i) the offense involved interstate or foreign commerce, or the use of the mails; or

`(ii) the conduct occurred in any commonwealth, territory, or possession of the United States, within the special maritime and territorial jurisdiction of the United States, in a Federal prison, on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country (as defined in section 1151);

`(C) the term `prior sex conviction' means a conviction for which the sentence was imposed before the conduct occurred constituting the subsequent Federal sex offense, and which was for a Federal sex offense or a State sex offense;

`(D) the term `minor' means an individual who has not attained the age of 17 years; and

`(E) the term `State' has the meaning given that term in subsection (c)(2).'.

(b) CONFORMING AMENDMENT- Sections 2247(a) and 2426(a) of title 18, United States Code, are each amended by inserting `, unless section 3559(e) applies' before the final period.

SEC. 107. ATTEMPT LIABILITY FOR INTERNATIONAL PARENTAL KIDNAPPING.

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

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

(2) in subsection (c)--

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

(B) in paragraph (2), by inserting `or' after the semicolon.

TITLE II--INVESTIGATIONS AND PROSECUTIONS

Subtitle A--Law Enforcement Tools To Protect Children

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

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

(1) in paragraph (a), by inserting after `chapter 37 (relating to espionage),' the following: `chapter 55 (relating to kidnapping),'; and

(2) in paragraph (c)--

(A) by inserting `1591 (sex trafficking),' before `section 1751';

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

(C) by inserting `sections 2421, 2422, 2423, and 2425 (transportation for illegal sexual activity and related crimes)' before `section 1029'.

(b) TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY- Section 2516(1) of title 18, United States Code, is amended--

(1) by striking `or' at the end of paragraph (q);

(2) by inserting after paragraph (q) the following:

`(r) a violation of section 2422 (relating to coercion and enticement) and section 2423(a) (relating to transportation of minors) of this title, if, in connection with that violation, the intended sexual activity would constitute a felony violation of chapter 109A or 110, including a felony violation of chapter 109A or 110 if the sexual activity occurred, or was intended to occur, within the special maritime and territorial jurisdiction of the United States, regardless of where it actually occurred or was intended to occur; or'; and

(3) by redesignating paragraph (r) as paragraph (s).

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

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

`Sec. 3296. Child abduction and sex offenses

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

(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`3296. Child abduction and sex offenses.'.

(b) APPLICATION- The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section.

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

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

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

(1) by inserting `1201 (if the victim has not attained the age of 18 years), 1591 (if the victim has not attained the age of 18 years),' before `or 2332b'; and

(2) by striking `of title 18 of the United States Code' and inserting `or a felony offense under chapter 109A, 110, or 117 where a victim has not attained the age of 18 years'.

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

SEC. 241. AMENDMENT.

Section 3701(a) of the Crime Control Act of 1990 (42 U.S.C. 5779(a)) is amended by striking `age of 18' and inserting `age of 21'.

TITLE III--PUBLIC OUTREACH

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

(a) COORDINATION WITHIN DEPARTMENT OF JUSTICE- The Attorney General shall assign an officer of the Department of Justice to act as the national coordinator of the AMBER Alert communications network regarding abducted children. The officer so designated shall be known as the AMBER Alert Coordinator of the Department of Justice.

(b) DUTIES- In acting as the national coordinator of the AMBER Alert communications network, the Coordinator shall--

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

(2) work with States to encourage the development of additional elements (known as local AMBER plans) in the network;

(3) work with States to ensure appropriate regional coordination of various elements of the network; and

(4) act as the nationwide point of contact for--

(A) the development of the network; and

(B) regional coordination of alerts on abducted children through the network.

(c) CONSULTATION WITH FEDERAL BUREAU OF INVESTIGATION- In carrying out duties under subsection (b), the Coordinator shall notify and consult with the Director of the Federal Bureau of Investigation concerning each child abduction for which an alert is issued through the AMBER Alert communications network.

(d) COOPERATION- The Coordinator shall cooperate with the Secretary of Transportation and the Federal Communications Commission in carrying out activities under this section.

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

(a) ESTABLISHMENT OF MINIMUM STANDARDS- Subject to subsection (b), the AMBER Alert Coordinator of the Department of Justice shall establish minimum standards for--

(1) the issuance of alerts through the AMBER Alert communications network; and

(2) the extent of the dissemination of alerts issued through the network.

(b) LIMITATIONS- (1) The minimum standards established under subsection (a) shall be adoptable on a voluntary basis only.

(2) The minimum standards shall, to the maximum extent practicable (as determined by the Coordinator in consultation with State and local law enforcement agencies), provide that the dissemination of an alert through the AMBER Alert communications network be limited to the geographic areas most likely to facilitate the recovery of the abducted child concerned.

(3) In carrying out activities under subsection (a), the Coordinator may not interfere with the current system of voluntary coordination between local broadcasters and State and local law enforcement agencies for purposes of the AMBER Alert communications network.

(c) COOPERATION- (1) The Coordinator shall cooperate with the Secretary of Transportation and the Federal Communications Commission in carrying out activities under this section.

(2) The Coordinator shall also cooperate with local broadcasters and State and local law enforcement agencies in establishing minimum standards under this section.

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

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

or communications systems along highways for alerts and other information for the recovery of abducted children.

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

(1) the development or enhancement of electronic message boards along highways and the placement of additional signage along highways; and

(2) the development or enhancement of other means of disseminating along highways alerts and other information for the recovery of abducted children.

(c) FEDERAL SHARE- The Federal share of the cost of any activities funded by a grant under the program under subsection (a) may not exceed 50 percent.

(d) DISTRIBUTION OF GRANT AMOUNTS ON GEOGRAPHIC BASIS- The Secretary shall, to the maximum extent practicable, ensure the distribution of grants under the program under subsection (a) on an equitable basis throughout the various regions of the United States.

(e) ADMINISTRATION- The Secretary shall prescribe requirements, including application requirements, for grants under the program under subsection (a).

(f) AUTHORIZATION OF APPROPRIATIONS- (1) There is authorized to be appropriated for the Department of Transportation $20,000,000 for fiscal year 2003 to carry out this section.

(2) Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended.

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

(a) PROGRAM REQUIRED- The Attorney General shall carry out a program to provide grants to States for the development or enhancement of programs and activities for the support of AMBER Alert communications plans.

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

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

(2) the development and implementation of law enforcement programs, and associated equipment, relating to AMBER Alert communications plans; and

(3) such other activities as the Attorney General considers appropriate for supporting the AMBER Alert communications program.

(c) FEDERAL SHARE- The Federal share of the cost of any activities funded by a grant under the program under subsection (a) may not exceed 50 percent.

(d) DISTRIBUTION OF GRANT AMOUNTS ON GEOGRAPHIC BASIS- The Attorney General shall, to the maximum extent practicable, ensure the distribution of grants under the program under subsection (a) on an equitable basis throughout the various regions of the United States.

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

(f) AUTHORIZATION OF APPROPRIATIONS- (1) There is authorized to be appropriated for the Department of Justice $5,000,000 for fiscal year 2003 to carry out this section.

(2) Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended.

SEC. 305. INCREASED SUPPORT.

Section 404(b)(2) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5773(b)(2)) is amended by inserting `and $20,000,000 for each of fiscal years 2004 and 2005' after `and 2003'.

SEC. 306. SEX OFFENDER APPREHENSION PROGRAM.

Section 1701(d) of part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended--

(1) by redesignating paragraphs (10) and (11) as (11) and (12), respectively; and

(2) by inserting after paragraph (9) the following:

`(10) assist a State in enforcing a law throughout the State which requires that a convicted sex offender register his or her address with a State or local law enforcement agency and be subject to criminal prosecution for failure to comply;'.

END