H.R. 5422 — Child Abduction Prevention Act

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5422 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5422

          To prevent child abduction, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 19, 2002

  Mr. Sensenbrenner (for himself, Mr. Smith of Texas, and Mr. Gekas) 
 introduced the following bill; which was referred to the Committee on 
the Judiciary, and in addition to the Committees on Transportation and 
Infrastructure, Armed Services, and Education and the Workforce, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
          To prevent child abduction, and for other purposes.

    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 by adding 
at the end the following:
    ``(k) Supervised Release Terms for Sex Offenders.--Notwithstanding 
subsection (b), the authorized term of supervised release for any 
offense under section 1201 involving a victim who has not attained the 
age of 18 years, and for any offense under chapter 109A, 110, 117, or 
section 1591 is any term of years or life.''.

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

    Section 1111 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``child abuse,'' after ``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'' 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'';
            (C) in section 2423(a), by striking ``15'' and inserting 
        ``30''; and
            (D) in section 2423(b), by striking ``15 years'' and 
        inserting ``30 years''.
    (3) Section 1591(b)(2) of title 18, United States Code, is amended 
by striking ``20'' and inserting ``40''.
    (b) Minimum Penalty Increases.--(1) Chapter 110 of title 18, United 
States Code, is amended--
            (A) in section 2251(d)--
                    (i) by striking ``or imprisoned not less than 10'' 
                and inserting ``and imprisoned not less than 15'';
                    (ii) by striking ``and both,'';
                    (iii) by striking ``15'' and inserting ``25''; and
                    (iv) by striking ``30'' and inserting ``35'';
            (B) in section 2251A(a) and (b), by striking ``20'' and 
        inserting ``30'';
            (C) in section 2252(b)(1)--
                    (i) by striking ``or imprisoned'' and 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,'';
            (C) in section 2423(a)--
                    (i) by striking ``, imprisoned'' and inserting 
                ``and imprisoned not less than 5 years and''; and
                    (ii) by striking ``or both,''; and
            (D) in section 2423(b)--
                    (i) by striking ``, imprisoned'' and inserting 
                ``and imprisoned not less than 5 years and''; and
                    (ii) by striking ``or both,''.

SEC. 104. STRONGER PENALTIES AGAINST KIDNAPPING.

    (a) Sentencing Guidelines.--Notwithstanding any other provision of 
law regarding the amendment of Sentencing Guidelines, the United States 
Sentencing Commission is directed to amend the Sentencing 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 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 15 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 15 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 15 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 bsaed on 
illicit sexual conduct as defined in subsection (f)(2), it is a 
defense, which the defendant must establish by a preponderance of the 
evidence, that the defendant reasonably believed that the person with 
whom the 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 and 2426 of title 18, 
United States Code, are each amended by inserting ``, unless section 
3559(e) applies'' before the final period.

               TITLE II--INVESTIGATIONS AND PROSECUTIONS

         Subtitle A--Law Enforcement Tools To Protect Children

SEC. 201. LAW ENFORCEMENT TOOLS TO PROTECT CHILDREN.

    (a) In General.--Section 2516(1) of title 18, United States Code, 
is amended--
            (1) in subparagraph (a), by inserting after ``chapter 37 
        (relating to espionage),'' the following: ``chapter 55 
        (relating to kidnapping),''; and
            (2) in subparagraph (c)--
                    (A) by striking ``2251 and 2252'' and inserting 
                ``2251, 2251A, 2252, and 2252A''; and
                    (B) by inserting ``section 2423(b) (relating to 
                travel with intent to engage in a sexual act with a 
                juvenile),'' after ``motor vehicle parts),''.
    (b) Transportation for Illegal Sexual 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) Military Cases.--Section 843 of title 10, United States Code 
(Article 43 of the Uniform Code of Military Justice) is amended--
            (1) in subsection (a), by inserting ``with any offense 
        involving kidnapping or abduction of a person below the age of 
        18, with any offense involving sexual abuse that is punishable 
        by confinement for more than one year,'' before ``or with''; 
        and
            (2) in subsection (c)--
                    (A) by inserting ``(1)'' before ``Periods''; and
                    (B) by adding at the end the following:
    ``(2) No period of limitation that would otherwise preclude 
prosecution for an offense involving the sexual or physical abuse of a 
person under the age of 18 years shall preclude such prosecution before 
the person reaches the age of 25 years.''.
    (c) Application.--The amendments made by this section shally apply 
to the prosecution of any offense committed before, on, or after the 
date of the enactment of this section.

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

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

    Section 3142(e) of title 18, United States Code, is amended by 
striking ``2247(c),'' before ``or 2332b''.

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

SEC. 241. AMENDMENT.

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

   Subtitle D--Recordkeeping to Demonstrate Minors Were Not Used in 
                       Production of Pornography

SEC. 261. RECORDKEEPING TO DEMONSTRATE MINORS WERE NOT USED IN 
              PRODUCTION OF PORNOGRAPHY.

    Not later than 1 year after enactment of this Act, the Attorney 
General shall submit to Congress a report detailing the number of times 
since January 1993 that the Department of Justice has inspected the 
records of any producer of materials regulated pursuant to section 2257 
of title 18, United States Code, and section 75 of title 28 of the Code 
of Federal Regulations. The Attorney General shall indicate the number 
of violations prosecuted as a result of those inspections.

                       TITLE III--PUBLIC OUTREACH

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

    (a) Coordination Within Department of 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 Secretary 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 striking 
``2002 and 2003'' and inserting ``and 2002 and $20,000,000 for each of 
fiscal years 2003 and 2004''.

SEC. 306. SEX OFFENDER APPREHENSION PROGRAM.

    Section 1701(d) of part Q of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended--
            (1) by redesignating paragraphs (10) and (11) as (1) and 
        (12), respectively; and
            (2) by inserting after paragraph (9) the 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;''.
                                 <all>
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