H. Rept. 108-47 - 108th Congress (2003-2004)
March 24, 2003, As Reported by the Judiciary Committee

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House Report 108-47 - CHILD ABDUCTION PREVENTION ACT




[House Report 108-47]
[From the U.S. Government Printing Office]



108th Congress                                             Rept. 108-47
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
                     CHILD ABDUCTION PREVENTION ACT

                                _______
                                

 March 24, 2003.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                     DISSENTING AND MINORITY VIEWS

                        [To accompany H.R. 1104]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 1104) to prevent child abduction, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     8
Background and Need for the Legislation..........................     9
Hearings.........................................................    10
Committee Consideration..........................................    10
Vote of the Committee............................................    10
Committee Oversight Findings.....................................    11
Performance Goals and Objectives.................................    12
New Budget Authority and Tax Expenditures........................    12
Congressional Budget Office Cost Estimate........................    12
Constitutional Authority Statement...............................    15
Section-by-Section Analysis and Discussion.......................    15
Changes in Existing Law Made by the Bill, as Reported............    20
Committee Jurisdiction Letters...................................    33
Markup Transcript................................................    38
Dissenting Views.................................................   103
Minority Views...................................................   109

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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 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, 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), 2244(a)(1) or (2) 
                        (relating to abusive sexual contact), 2245 
                        (relating to sexual abuse resulting in death), 
                        2251 (relating to sexual exploitation of 
                        children), 2251A (relating to selling or buying 
                        of children), or 2422(b) (relating to coercion 
                        and enticement of a minor into prostitution); 
                        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. 3297. 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 section 1591, 2241, 2242, 2244(a)(1), 2244(a)(2), 2251, 
2251A, 2252, 2252A, 2260, 2421, 2422, 2423, or 2425.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``3297. 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 by 
striking ``or 2332b'' and inserting ``1201, 1591, 2241, 2242, 
2244(a)(1), 2242(a)(2), 2251, 2251A, 2252, 2252A, 2260, 2332b, 2421, 
2422, 2423, or 2425''.

 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 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 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.
    (4) 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) 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 abductions 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 
                systems and protocols among public safety and 
                transportation agencies or modify existing 
                communications systems to support the notification of 
                motorists about abductions of children.
                    (E) To plan and design improved systems for 
                communicating 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 message 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 
        children. A State shall be eligible for a grant under this 
        subsection 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 installation 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 requirements, 
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 available 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 highways 
        for alerts and other information for the recovery of abducted 
        children.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall transmit to Congress 
        a report on the results of the study, together with any 
        recommendations the Secretary determines appropriate.

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 
2004 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;''.

                          Purpose and Summary

    On average, 2,200 children are reported missing each day of 
the year. There are approximately 114,600 attempted stranger 
abductions every year and 3,000 to 5,000 attempts are 
successful. These facts and recent high profile abductions have 
significantly increased the fear of parents across the Nation 
that their children are in danger. H.R. 1104, the ``Child 
Abduction Prevention Act'' sends a clear message to any 
potential child abductor that, should they commit these crimes, 
they will not escape justice. This legislation provides 
stronger penalties against kidnapping, ensures lifetime 
supervision of sexual offenders and kidnappers of children, 
gives law enforcement the tools it needs to effectively 
prosecute these crimes, and provides assistance to the 
community when a child is abducted.

                Background and Need for the Legislation

    According to the United States Department of Justice (DOJ), 
Office of Juvenile Justice Deliquency Prevention (OJJDP), the 
number of missing persons reported to law enforcement has 
increased from 154,341 in 1982 to 876,213 in 2000, an increase 
of 468 percent. Out of those cases, there are about 3,000 to 
5,000 non-family abductions reported to police each year, most 
of which are short term sexually-motivated cases. About 200 to 
300 of these cases, or about 6 percent, make up the most 
serious cases where the child was murdered, ransomed or taken 
with the intent to keep. According to Federal Government 
statistics, three out of four children who are kidnapped and 
murdered are killed within 3 hours of their initial abduction. 
Research has shown that the average victim of abduction and 
murder is an approximately 11 year old girl from a stable 
family who has initial contact with the abductor within a 
quarter mile of her home.
    The recent wave of high profile child abductions that has 
swept our Nation has illustrated the tremendous need for 
legislation in this area. Although some researchers indicate 
that the worst cases of child abduction might actually be on 
the decline, the National Center for Missing and Exploited 
Children (NCMEC) has stated that, based on feedback from law 
enforcement around the country and cases submitted to NCMEC, 
the sexual victimization of children is on the rise. Another 
concern is that research also indicates that subjects who 
abduct children typically are not first-time offenders, but are 
serial offenders who often travel during the commission of 
multiple sexual offenses against children.
    An abducted child is a parent's worst nightmare. We must 
assure that law enforcement has every possible tool necessary 
to return that child safely to his or her parents. Authorities 
believe that promptly alerting the general public when a child 
is abducted by a stranger is crucial to saving their life. To 
accomplish this, H.R. 1104 authorizes funding for a voluntary 
national AMBER Alert program to help expand the child abduction 
communications warning network throughout the United States.
    For those individuals that would harm a child, we must 
ensure that punishment is severe and that sexual predators are 
not allowed to slip through the cracks of the system to harm 
other children. To this end, this legislation provides a 20 
year mandatory minimum sentence of imprisonment for stranger 
abductions of a child under the age of 18, lifetime supervision 
for sex offenders and mandatory life imprisonment for second 
time offenders. Furthermore, H.R. 1104 removes any statute of 
limitations and opportunity for pretrial release for crimes of 
child abduction and sex offenses.
    The National Center for Missing and Exploited Children is 
the Nation's resource center for child protection. The Center 
provides assistance to parents, children, law enforcement, 
schools, and the community in recovering missing children and 
raising public awareness about ways to help prevent child 
abduction, molestation and sexual exploitation. To date, NCMEC 
has worked on more than 73,000 cases of missing and exploited 
children and helped recover more than 48,000 children. This 
legislation recognizes the important role NCMEC plays in our 
Nation's efforts to prevent child abductions by doubling its 
authorization to $20 million through 2005.

                                Hearings

    On March 11, 2003, the Subcommittee on Crime, Terrorism, 
and Homeland Security held a legislative hearing on H.R. 1104. 
Testimony was received from three witnesses. The witnesses 
were: Daniel P. Collins, Associate Deputy Attorney General, 
U.S. Department of Justice; Ronald S. Sullivan, Jr., Director 
of the Public Defender Service for the District of Columbia; 
and John P. Feldmeier, Esq., Cincinnati, OH.

                        Committee Consideration

    On March 11, 2003, the Subcommittee on Crime, Terrorism, 
and Homeland Security met in open session and ordered favorably 
reported the bill H.R. 1104, by a voice vote, a quorum being 
present. On March 18, 2003, the Committee met in open session 
and ordered favorably reported the bill H.R. 1104 with 
amendment by a recorded vote of 18 to 2 and 1 voting present, a 
quorum being present.

                         Vote of the Committee

    1. An amendment was offered by Ms. Jackson Lee to strike 
Titles I and II of the bill. The amendment was defeated by a 
rollcall vote of 5 to 17.

                                                   ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Hyde........................................................
Mr. Coble.......................................................                              X
Mr. Smith.......................................................                              X
Mr. Gallegly....................................................
Mr. Goodlatte...................................................                              X
Mr. Chabot......................................................                              X
Mr. Jenkins.....................................................                              X
Mr. Cannon......................................................                              X
Mr. Bachus......................................................                              X
Mr. Hostettler..................................................                              X
Mr. Green.......................................................
Mr. Keller......................................................                              X
Ms. Hart........................................................                              X
Mr. Flake.......................................................
Mr. Pence.......................................................                              X
Mr. Forbes......................................................                              X
Mr. King........................................................
Mr. Carter......................................................                              X
Mr. Feeney......................................................                              X
Mrs. Blackburn..................................................                              X
Mr. Conyers.....................................................              X
Mr. Berman......................................................
Mr. Boucher.....................................................
Mr. Nadler......................................................
Mr. Scott.......................................................              X
Mr. Watt........................................................              X
Ms. Lofgren.....................................................
Ms. Jackson Lee.................................................              X
Ms. Waters......................................................
Mr. Meehan......................................................
Mr. Delahunt....................................................
Mr. Wexler......................................................                              X
Ms. Baldwin.....................................................
Mr. Weiner......................................................
Mr. Schiff......................................................
Ms. Sanchez.....................................................              X
Mr. Sensenbrenner, Chairman.....................................                              X
                                                                 -----------------------------------------------
    Total.......................................................              5              17
----------------------------------------------------------------------------------------------------------------

    2. Final Passage. The motion to report favorably the bill, 
H.R. 1104 with amendment, was agreed to by a rollcall vote of 
18 to 2 and 1 voting present.

                                                   ROLLCALL NO. 2
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Hyde........................................................
Mr. Coble.......................................................              X
Mr. Smith.......................................................              X
Mr. Gallegly....................................................
Mr. Goodlatte...................................................              X
Mr. Chabot......................................................              X
Mr. Jenkins.....................................................              X
Mr. Cannon......................................................              X
Mr. Bachus......................................................              X
Mr. Hostettler..................................................              X
Mr. Green.......................................................
Mr. Keller......................................................              X
Ms. Hart........................................................              X
Mr. Flake.......................................................
Mr. Pence.......................................................              X
Mr. Forbes......................................................              X
Mr. King........................................................
Mr. Carter......................................................              X
Mr. Feeney......................................................              X
Mrs. Blackburn..................................................              X
Mr. Conyers.....................................................
Mr. Berman......................................................
Mr. Boucher.....................................................
Mr. Nadler......................................................
Mr. Scott.......................................................                              X
Mr. Watt........................................................                              X
Ms. Lofgren.....................................................
Ms. Jackson Lee.................................................                                              X
Ms. Waters......................................................
Mr. Meehan......................................................
Mr. Delahunt....................................................
Mr. Wexler......................................................              X
Ms. Baldwin.....................................................
Mr. Weiner......................................................
Mr. Schiff......................................................
Ms. Sanchez.....................................................              X
Mr. Sensenbrenner, Chairman.....................................              X
                                                                 -----------------------------------------------
    Total.......................................................             18               2               1
----------------------------------------------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                    Performance Goals and Objectives

    H.R. 1104 is intended to prevent future crime by extending 
the length of supervised-release terms for offenders and by 
establishing a rebuttable presumption in favor of pretrial 
detention; enhance law enforcement tools for identifying and 
apprehending offenders by including child exploitation offenses 
as wiretap predicates and by eliminating the statute of 
limitations for certain offenses; increase penalties to more 
accurately reflect the extreme seriousness of child kidnapping 
and sex offenses, especially repeat offenses; punish offenders 
who travel abroad to prey on children; support a coordinated 
approach to the recovery of abducted children; and provide the 
States with additional tools and assistance to pursue these 
common goals.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 1104, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 24, 2003.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1104, the Child 
Abduction Prevention Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Mark 
Grabowicz (for Federal costs), who can be reached at 226-2860, 
and Victoria Heid Hall (for the State and local impact), who 
can be reached at 225-3220.
            Sincerely,
                                       Douglas Holtz-Eakin.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member
H.R. 1104--Child Abduction Prevention Act.

                                SUMMARY

    H.R. 1104 would establish new Federal crimes relating to 
sexual abuse, increase fines and prison sentences for such 
crimes, and make it easier to investigate sex offenders. The 
bill also would direct the Attorney General to act as the 
national coordinator for the AMBER (America's Missing: 
Broadcast Emergency Response) Alert communications network, 
which is used by State and local law enforcement agencies to 
search for abducted children. In addition, H.R. 1104 would 
authorize the appropriation of:

        
 $20 million in fiscal year 2004 for the 
        Department of Transportation (DOT) to make grants to 
        States for disseminating information about missing 
        children along highways;

        
 $5 million in fiscal year 2004 for the 
        Department of Justice (DOJ) to make grants to States to 
        develop or improve AMBER Alert communications plans; 
        and

        
 $20 million in each of fiscal years 2004 and 
        2005 for the DOJ to make a grant to the National Center 
        for Missing and Exploited Children.

    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing
    H.R. 1104 would cost $76 million over the 2004-2008 period. 
This legislation could affect direct spending and revenues, but 
we estimate that any such effects would not be significant.
    H.R. 1104 would expand an existing mandate, as defined in 
the Unfunded Mandates Reform Act (UMRA), by broadening 
requirements for State and local law enforcement agencies to 
report cases of missing children up to the age of 21. CBO 
estimates the costs of the expansion would not be significant 
and thus would not meet the threshold established in UMRA ($59 
million in 2003, adjusted annually for inflation).
    H.R. 1104 contains no new private-sector mandates as 
defined in UMRA.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 1104 is shown in the 
following table. The costs of this legislation fall within 
budget functions 400 (transportation) and 750 (administration 
of justice).
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

                           BASIS OF ESTIMATE

    CBO assumes that H.R. 1104 will be enacted by the end of 
fiscal year 2003, that the specific amounts authorized for 
grant programs will be appropriated by the beginning of each 
fiscal year, and that outlays will follow the historical 
spending rates for these or similar activities.
    H.R. 1104 would increase prison sentences for kidnapping 
and for a number of sex offenses. According to the U.S. 
Sentencing Commission, the longer sentences required by H.R. 
1104 would apply to about 500 offenders annually by 2008. Based 
on information from the Bureau of Prisons, CBO estimates that 
the cost to incarcerate a prisoner for an additional year is 
about $7,000 (at 2003 prices). Thus, we estimate that the cost 
to support the additional prisoners would reach $4 million by 
fiscal year 2008 and would total $11 million over the 2003-2008 
period, subject to the availability of appropriated funds.
    Based on information from DOJ, CBO estimates that it would 
cost less than $500,000 annually for the department to 
coordinate the AMBER Alert program, subject to the availability 
of appropriated funds.
    Enacting H.R. 1104 could increase revenues through greater 
collections of criminal fines. However, CBO does not expect any 
such increase to exceed $500,000 a year. Criminal fines are 
recorded as revenues and deposited in the Crime Victims Fund 
and later spent without further appropriation action.

        ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS

    H.R. 1104 would expand an existing mandate as defined in 
UMRA by broadening requirements for State and local law 
enforcement agencies to report cases of missing children up to 
the age of 21. Under current law such agencies are required to 
report cases of missing children up to the age of 18. CBO 
estimates the costs of the expansion would not be significant 
and thus would not meet the threshold established in UMRA ($59 
million in 2003, adjusted annually for inflation).
    The bill would benefit State governments by establishing 
grant programs to assist with efforts to notify the public 
about child abductions using the AMBER Alert communications 
network. In addition, H.R. 1104 would expand the approved uses 
for grants under the Community Oriented Policing Services 
program to include assisting States in enforcing registry of 
sex offenders. Any costs incurred to receive or administer such 
grants would be voluntary.

                 ESTIMATED IMPACT ON THE PRIVATE SECTOR

H.R. 1104 contains no new private-sector mandates as defined in 
    UMRA.

                         ESTIMATE PREPARED BY:

Federal Costs: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Victoria Heid 
    Hall (225-3220)
Impact on the Private Sector: Paige Piper/Bach (226-2940)

                         ESTIMATE APPROVED BY:

Peter H. Fontaine
Deputy Assistant Director for Budget Analysis

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8 of the Constitution.

               Section-by-Section Analysis and Discussion

                         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.
    This section amends section 3583 of title 18, United States 
Code, to provide a judge with the discretion to extend the term 
of post-release supervision of sex offenders from a minimum of 
5 years and up to a maximum of life. Currently, most such 
offenses have a maximum of three to 5 years of supervision. 
This section is similar to H.R. 4679, the ``Lifetime 
Consequences for Sex Offenders Act of 2002,'' which passed the 
House 409-3 on June 25, 2002.
Sec. 102. First degree murder for child abuse and child torture 
        murders.
    This section amends 18 U.S.C. Sec. 1111 of title 18 to 
insert ``child abuse'' and ``the pattern or practice of assault 
or torture against a child or children'' that results in murder 
as a predicate for first degree murder. Section 1111 is the 
Federal murder statute. Under the current law, first degree 
murder includes murder committed in the perpetration of, or 
attempt to perpetrate, certain crimes including arson, escape, 
kidnapping, sexual abuse, and several other crimes. ``Child 
abuse'' and torture would be added to the list for first degree 
murder. First degree murder is punishable by death or life 
imprisonment. These changes will help to ensure that child 
abusers who kill their victims will receive penalties that 
reflect the heinousness of their crimes.
Sec. 103. Sexual abuse penalties.
    This section increases the maximum and minimum penalties of 
section 1591 and chapters 110 and 117 of title 18 United States 
Code relating to the sexual exploitation of children and the 
sex trafficking of children.
    Statutory maximum penalties provide only an upper limit on 
punishment, and accordingly should be coordinated to the type 
of penalty which would be appropriate for the most aggravated 
forms of the offenses in question, as committed by offenders 
with the most serious criminal histories. Where the statutory 
maximum penalty is too low, it may be impossible to impose a 
proportionate penalty in cases involving highly aggravated 
offense conduct. Likewise, in cases involving incorrigible 
offenders, low statutory maximum penalties may force the court 
to impose a sentence that is less than what is warranted in 
light of the offender's criminal history.
    The increased mandatory minimum sentences are responsive to 
real problems of excessive leniency in sentencing under 
existing law. For example, the offenses under chapter 117 of 
the criminal code apply in sexual abuse cases involving 
interstate movement of persons or use of interstate 
instrumentalities, such as luring of child victims through the 
Internet. Courts all too frequently impose sentences more 
lenient than those prescribed by the sentencing guidelines in 
cases under chapter 117, particularly in situations where an 
undercover agent rather than a child was the object of the 
enticement. Yet the offender's conduct in such a case reflects 
a real attempt to engage in sexual abuse of a child, and the 
fact that the target of the effort turned out to be an 
undercover officer has no bearing on the culpability of the 
offender, or on the danger he presents to children if not 
adequately restrained and deterred by criminal punishment. 
Likewise, courts have been disposed to grant downward 
departures from the guidelines for child pornography possession 
offenses under chapter 110, based on the misconception that 
these crimes are not serious.
Sec. 104. Stronger penalties against kidnapping.
    This section directs the Sentencing Commission to increase 
the base offense level for kidnapping from level 24 (51-63 
months) to a base offense level of 32 (121-151 months). (Amends 
Sec. 2A4.1(a) of the Sentencing Guidelines). It further deletes 
the provision of the Guidelines that rewards kidnappers for 
releasing the victim within 24 hours by reducing the base 
offense level by one point. (Deletes Sec. 2A4.1(4)(C) of the 
Sentencing Guidelines). Under the current Guidelines, if a 
defendant sexually exploits the kidnapping victim, then the 
defendant's base offense level is increased by 3 levels. This 
is amended to a 6 level increase. (Amends Sec. 2A4.1(5) of the 
Sentencing Guidelines.)
    This section also amends 18 U.S.C. Sec. 1201 to provide for 
a mandatory minimum sentence of 20 years if the victim of the 
non-family kidnapping is under the age of 18.
Sec. 105. Penalties against sex tourism.
    This section addresses a number of problems related to 
persons who travel to foreign countries and engage in illicit 
sexual relations with minors. Current law requires the 
government to prove that the defendant traveled with the intent 
to engage in the illegal activity. Under this section the 
government would only have to prove that the defendant engaged 
in illicit sexual conduct with a minor while in a foreign 
country. This section also criminalizes the actions of sex tour 
operators by prohibiting persons from arranging, inducing, 
procuring, or facilitating the travel of a person knowing that 
such a person is traveling in interstate or foreign commerce 
for the purpose of engaging in illicit sexual conduct. The 
maximum penalty a defendant could receive is up to thirty years 
imprisonment. This section is similar to H.R. 4477, the ``Sex 
Tourism Prohibition Improvement Act of 2002,'' which passed the 
House 418-8 on June 26, 2002.
Sec. 106. Two strikes.
    This section would establish a mandatory sentence of life 
imprisonment for twice-convicted child sex offenders. This 
section amends 18 U.S.C. Sec. 3559 to provide for a mandatory 
minimum sentence of life imprisonment for any person convicted 
of a ``Federal sex offense'' if they had previously been 
convicted of a similar offense under either Federal or state 
law. The legislation defines Federal sex offense to include 
offenses committed against a person under the age of 17 and 
involving the crimes of sexual abuse, aggravated sexual abuse, 
abusive sexual contact, sexual exploitation of children, 
coercion and enticement of a minor into prostitution, and the 
interstate transportation of minors for sexual purposes. This 
section is similar to H.R. 2146, the ``Two Strikes and You're 
Out Child Protection Act,'' which passed the House 382-34 on 
March 14, 2002.
Sec. 107. Attempt liability for international parental kidnapping.
    This section Facilitates intervention and prevention of 
international parental kidnapping by adding attempt liability 
to 18 U.S.C. Sec. 1204, the statute defining that offense. This 
change is needed to facilitate effective intervention and 
prevention of parental kidnappings of children before they are 
removed from the United States. The current absence of attempt 
liability has created difficulties in cases in progress where 
the abducting parent is on the way out of the country, but is 
still transiting in the United States. In those cases, the FBI 
now has very limited ability to become involved and prevent the 
abduction from becoming an international occurrence.

           TITLE II--EFFECTIVE INVESTIGATION AND PROSECUTION

         SUBTITLE A--LAW ENFORCEMENT TOOLS TO PROTECT CHILDREN

Sec. 201. Interceptions of communications in investigations of sex 
        offenses.
    This section would add four new wiretap predicates under 18 
U.S.C.Sec. 2516 that relate to sexual exploitation crimes 
against children. This legislation in no way changes the strict 
limitations on how and when wiretaps may be used. This section 
also adds chapter 55 of title 18, kidnapping, to the list of 
wiretap predicates. This section is similar to H.R. 1877, the 
``Child Sex Crimes Wiretapping Act of 2002,'' which passed the 
House 396-11 on May 21 2002.
Sec. 202. No statute of limitations for child abduction and sex crimes.
    This section provides that child abductions and felony sex 
offenses can be prosecuted without limitation of time. Under 
current law, the limitation period applicable to most Federal 
crimes is 5 years. See 18 U.S.C. Sec. 3282. There are some 
exceptions to this limitation--see, e.g., 18 U.S.C. Sec. 3281 
(no limitation period for capital crimes); 18 U.S.C. Sec. 3293 
(ten-year limitation period for certain financial institution 
offenses); 18 U.S.C. Sec. 3294 (twenty-year limitation period 
for certain thefts of artwork). There are some exceptions to 
the general statute of limitation for certain cases involving 
child victims by providing that the limitation period does not 
bar prosecution ``for an offense involving the sexual or 
physical abuse of a child under the age of eighteen years . . . 
before the child reaches the age of 25 years.'' 18 U.S.C. 
Sec. 3283. While this is better than a flat 5-year rule, it 
remains inadequate in many cases. For example, a person who 
abducted and raped a child could not be prosecuted beyond this 
extended limit--even if DNA matching conclusively identified 
him as the perpetrator 1 day after the victim turned 25. Nor is 
this provision applicable in any case that does not involve 
child victims, such as that of a serial rapist of adult victims 
who is identified a number of years after the commission of the 
crimes through DNA matching.

 SUBTITLE B--NO PRETRIAL RELEASE FOR THOSE WHO RAPE OR KIDNAP CHILDREN

Sec. 221. No pretrial release for those who rape or kidnap children.
    This section provides a rebuttable presumption that child 
rapists and kidnappers should not get pre-trial release. Under 
current law, a defendant may be detained before trial if the 
government establishes by clear and convincing evidence that no 
release conditions will reasonably assure the appearance of the 
person and the safety of others. Current law also provides 
rebuttable presumptions that the standard for pretrial 
detention is satisfied in certain circumstances. For example, 
such a presumption exists if the court finds probable cause to 
believe that the defendant committed a drug offense punishable 
by imprisonment for 10 years or more, or that the person 
committed a crime of violence or drug trafficking crime while 
armed with a firearm, in violation of 18 U.S.C. Sec. 924(c). 
See 18 U.S.C. Sec. 3142(e). Thus, existing law creates a 
presumption that, for example, an armed robber charged under 18 
U.S.C. Sec. 924(c) cannot safely be released before trial. This 
section will provide the same presumption for crimes such as 
child abduction and child rape.

 SUBTITLE C--NO WAITING PERIOD TO REPORT MISSING CHILDREN ``SUZANNE'S 
                                 LAW''

Sec. 241. Amendment to Crime Control Act of 1990.
    This section amends section 3701(a) of the Crime Control 
Act of 1990 (42 U.S.C. 5779(a)) to require law enforcement 
agencies to report missing children less than 21 years of age 
to the National Crime Information Center. Current law only 
requires reporting for children under the age of 18.

                       TITLE III--PUBLIC OUTREACH

Sec. 301. National coordination of AMBER Alert communications network.
    This section establishes an AMBER Alert Coordinator within 
the Department of Justice to assist states with their AMBER 
Alert plans. This coordinator will eliminate gaps in the 
network, including gaps in interstate travel, work with States 
to encourage development of additional AMBER plans, work with 
States to ensure regional coordination among plans, and serve 
as a nationwide point of contact.
    The AMBER program is a voluntary partnership between law-
enforcement agencies and broadcasters to activate an urgent 
alert bulletin in serious child-abduction cases. The goal of 
the AMBER Alert is to instantly galvanize the entire community 
to assist in the search for and safe return of the child.
Sec. 302. Minimum standards for issuance and dissemination of alerts 
        through AMBER Alert communications network.
    This section requires the Department of Justice Coordinator 
to establish nationwide minimum standards for the issuance of 
an AMBER alert and the extent of dissemination of the alert. 
The legislation allows for voluntary adoption of these 
standards. The Committee intends that the establishment of 
minimum standards will limit the use of the system to those 
rare instances of serious child abductions. Limiting the use of 
AMBER Alerts is critical to the long-term success of the 
program because overuse or misuse of AMBER Alerts could lead 
the public to ignore the alerts.
Sec. 303. Grant program for notification and communications systems 
        along highways for recovery of abducted children.
    This section authorizes $20,000,000 for fiscal year 2004 
for the Secretary of Transportation to make 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.
Sec. 304. Grant program for support of AMBER Alert communications 
        plans.
    This section authorizes $5,000,000 for fiscal year 2004 for 
the Attorney General to administer a grant program for the 
development and enhancement of programs and activities for the 
support of AMBER Alert communication plans.
Sec. 305. Increased support for the National Center for Missing and 
        Exploited Children.
    This section reauthorizes and doubles the annual grant to 
the National Center for Missing and Exploited Children from 
$10,000,000 to $20,000,000 through fiscal year 2005. (Amends 42 
U.S.C. 5773(b)(2)).
Sec. 306. Sex offender apprehension program.
    This section would authorize COPS funding for Sex Offender 
Apprehension Programs in States that have a sex offender 
registry and have laws that make it a crime for failure to 
notify authorities of any change in address information, etc. 
The money could be used by local law enforcement agencies to 
fund officers who would check up on sex offenders and arrest 
them for noncompliance. Keeping up to date records will help 
law enforcement in future investigations of missing children.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                      TITLE 18, UNITED STATES CODE



           *       *       *       *       *       *       *
PART I--CRIMES

           *       *       *       *       *       *       *


CHAPTER 51--HOMICIDE

           *       *       *       *       *       *       *


Sec. 1111. Murder

    (a) Murder is the unlawful killing of a human being with 
malice aforethought. Every murder perpetrated by poison, lying 
in wait, or any other kind of willful, deliberate, malicious, 
and premeditated killing; or committed in the perpetration of, 
or attempt to perpetrate, any arson, escape, murder, 
kidnapping, treason, espionage, sabotage, aggravated sexual 
abuse or sexual abuse, child abuse, burglary, or robbery; or 
perpetrated as part of a pattern or practice of assault or 
torture against a child or children; or perpetrated from a 
premeditated design unlawfully and maliciously to effect the 
death of any human being other than him who is killed, is 
murder in the first degree.

           *       *       *       *       *       *       *

    (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).

           *       *       *       *       *       *       *


CHAPTER 55--KIDNAPPING

           *       *       *       *       *       *       *


Sec. 1201. Kidnapping

    (a) * * *

           *       *       *       *       *       *       *

    (g) Special Rule for Certain Offenses Involving Children.--
            (1) To whom applicable.--If--
                    (A) * * *

           *       *       *       *       *       *       *

        the sentence under this section for such offense [shall 
        be subject to paragraph (2) of this subsection.
            [(2) Guidelines.--The United States Sentencing 
        Commission is directed to amend the existing guidelines 
        for the offense of ``kidnapping, abduction, or unlawful 
        restraint,'' by including the following additional 
        specific offense characteristics: If the victim was 
        intentionally maltreated (i.e., denied either food or 
        medical care) to a life-threatening degree, increase by 
        4 levels; if the victim was sexually exploited (i.e., 
        abused, used involuntarily for pornographic purposes) 
        increase by 3 levels; if the victim was placed in the 
        care or custody of another person who does not have a 
        legal right to such care or custody of the child either 
        in exchange for money or other consideration, increase 
        by 3 levels; if the defendant allowed the child to be 
        subjected to any of the conduct specified in this 
        section by another person, then increase by 2 levels.] 
        shall include imprisonment for not less than 20 years.

           *       *       *       *       *       *       *


Sec. 1204. International parental kidnapping

    (a) Whoever removes a child from the United States, or 
attempts to do so, or retains a child (who has been in the 
United States) outside the United States with intent to 
obstruct the lawful exercise of parental rights shall be fined 
under this title or imprisoned not more than 3 years, or both.

           *       *       *       *       *       *       *

    (c) It shall be an affirmative defense under this section 
that--
            (1) the defendant acted within the provisions of a 
        valid court order granting the defendant legal custody 
        or visitation rights and that order was obtained 
        pursuant to the Uniform Child Custody Jurisdiction Act 
        or the Uniform Child Custody Jurisdiction and 
        Enforcement Act and was in effect at the time of the 
        offense;
            (2) the defendant was fleeing an incidence or 
        pattern of domestic violence; or

           *       *       *       *       *       *       *


CHAPTER 77--PEONAGE AND SLAVERY

           *       *       *       *       *       *       *


Sec. 1591. Sex trafficking of children or by force, fraud or coercion

    (a) * * *
    (b) The punishment for an offense under subsection (a) is--
            (1) * * *
            (2) if the offense was not so effected, and the 
        person transported had attained the age of 14 years but 
        had not attained the age of 18 years at the time of 
        such offense, by a fine under this title or 
        imprisonment for not more than [20] 40 years, or both.

           *       *       *       *       *       *       *


CHAPTER 109A--SEXUAL ABUSE

           *       *       *       *       *       *       *


Sec. 2247. Repeat offenders

    (a) Maximum Term of Imprisonment.--The maximum term of 
imprisonment for a violation of this chapter after a prior sex 
offense conviction shall be twice the term otherwise provided 
by this chapter, unless section 3559(e) applies.

           *       *       *       *       *       *       *


CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

           *       *       *       *       *       *       *


Sec. 2251. Sexual exploitation of children

    (a) * * *

           *       *       *       *       *       *       *

        (d) Any individual who violates, or attempts or 
conspires to violate, this section shall be fined under this 
title [or imprisoned not less than 10] and imprisoned not less 
than 15 years nor more than [20] 30 years, [and both,] but if 
such person has one prior conviction under this chapter, 
chapter 109A, or chapter 117, or under the laws of any State 
relating to the sexual exploitation of children, such person 
shall be fined under this title and imprisoned for not less 
than [15] 25 years nor more than [30] 50 years, but if such 
person has 2 or more prior convictions under this chapter, 
chapter 109A, or chapter 117, or under the laws of any State 
relating to the sexual exploitation of children, such person 
shall be fined under this title and imprisoned not less than 
[30] 35 years nor more than life. Any organization that 
violates, or attempts or conspires to violate, this section 
shall be fined under this title. Whoever, in the course of an 
offense under this section, engages in conduct that results in 
the death of a person, shall be punished by death or imprisoned 
for any term of years or for life.

Sec. 2251A. Selling or buying of children

    (a) Any parent, legal guardian, or other person having 
custody or control of a minor who sells or otherwise transfers 
custody or control of such minor, or offers to sell or 
otherwise transfer custody of such minor either--
            (1) * * *

           *       *       *       *       *       *       *

shall be punished by imprisonment for not less than [20] 30 
years or for life and by a fine under this title, if any of the 
circumstances described in subsection (c) of this section 
exist.
    (b) Whoever purchases or otherwise obtains custody or 
control of a minor, or offers to purchase or otherwise obtain 
custody or control of a minor either--
            (1) * * *

           *       *       *       *       *       *       *

shall be punished by imprisonment for not less than [20] 30 
years or for life and by a fine under this title, if any of the 
circumstances described in subsection (c) of this section 
exist.

Sec. 2252. Certain activities relating to material involving the sexual 
                    exploitation of minors

    (a) * * *
    (b)(1) Whoever violates, or attempts or conspires to 
violate, paragraphs (1), (2), or (3) of subsection (a) shall be 
fined under this title [or imprisoned] and imprisoned not less 
than 10 years and not more than [15] 20 years, [or both,] but 
if such person has a prior conviction under this chapter, 
chapter 109A, or chapter 117, or under the laws of any State 
relating to aggravated sexual abuse, sexual abuse, or abusive 
sexual conduct involving a minor or ward, or the production, 
possession, receipt, mailing, sale, distribution, shipment, or 
transportation of child pornography, such person shall be fined 
under this title and imprisoned for not less than [5] 15 years 
nor more than [30] 40 years.
        (2) Whoever violates, or attempts or conspires to 
violate, paragraph (4) of subsection (a) shall be fined under 
this title [or imprisoned] and imprisoned not less than 5 years 
and not more than [5] 10 years, [or both,] but if such person 
has a prior conviction under this chapter, chapter 109A, or 
chapter 117, or under the laws of any State relating to 
aggravated sexual abuse, sexual abuse, or abusive sexual 
conduct involving a minor or ward, or the production, 
possession, receipt, mailing, sale, distribution, shipment, or 
transportation of child pornography, such person shall be fined 
under this title and imprisoned for not less than [2] 10 years 
nor more than [10] 20 years.

Sec. 2252A. Certain activities relating to material constituting or 
                    containing child pornography

    (a) * * *
    (b)(1) Whoever violates, or attempts or conspires to 
violate, paragraph (1), (2), (3), or (4) of subsection (a) 
shall be fined under this title [or imprisoned] and imprisoned 
not less than 10 years and not more than [15] 20 years, [or 
both,] but, if such person has a prior conviction under this 
chapter, chapter 109A, or chapter 117, or under the laws of any 
State relating to aggravated sexual abuse, sexual abuse, or 
abusive sexual conduct involving a minor or ward, or the 
production, possession, receipt, mailing, sale, distribution, 
shipment, or transportation of child pornography, such person 
shall be fined under this title and imprisoned for not less 
than [5] 15 years nor more than [30] 40 years.
    (2) Whoever violates, or attempts or conspires to violate, 
subsection (a)(5) shall be fined under this title [or 
imprisoned] and imprisoned not less than 5 years and not more 
than [5] 10 years, [or both,] but, if such person has a prior 
conviction under this chapter, chapter 109A, or chapter 117, or 
under the laws of any State relating to aggravated sexual 
abuse, sexual abuse, or abusive sexual conduct involving a 
minor or ward, or the production, possession, receipt, mailing, 
sale, distribution, shipment, or transportation of child 
pornography, such person shall be fined under this title and 
imprisoned for not less than [2] 10 years nor more than [10] 20 
years.

           *       *       *       *       *       *       *


  CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED 
CRIMES

           *       *       *       *       *       *       *


Sec. 2422. Coercion and enticement

    (a) Whoever knowingly persuades, induces, entices, or 
coerces any individual to travel in interstate or foreign 
commerce, or in any Territory or Possession of the United 
States, to engage in prostitution, or in any sexual activity 
for which any person can be charged with a criminal offense, or 
attempts to do so, shall be fined under this title [or 
imprisoned] and imprisoned not less than 2 years and not more 
than [10] 20 years[, or both].
    (b) Whoever, using the mail or any facility or means of 
interstate or foreign commerce, or within the special maritime 
and territorial jurisdiction of the United States knowingly 
persuades, induces, entices, or coerces any individual who has 
not attained the age of 18 years, to engage in prostitution or 
any sexual activity for which any person can be charged with a 
criminal offense, or attempts to do so, shall be fined under 
this title[, imprisoned] and imprisoned not less than 5 years 
and not more than [15] 30 years[, or both].

Sec. 2423. Transportation of minors

    (a) Transportation With Intent To Engage in Criminal Sexual 
Activity.--A person who knowingly transports an individual who 
has not attained the age of 18 years in interstate or foreign 
commerce, or in any commonwealth, territory or possession of 
the United States, with intent that the individual engage in 
prostitution, or in any sexual activity for which any person 
can be charged with a criminal offense, [or attempts to do so,] 
shall be fined under this title[, imprisoned] and imprisoned 
not less than 5 years and not more than [15] 30 years[, or 
both].
    [(b) Travel With Intent To Engage in Sexual Act With a 
Juvenile.--A person who travels in interstate commerce, or 
conspires to do so, or a United States citizen or an alien 
admitted for permanent residence in the United States who 
travels in foreign commerce, or conspires to do so, for the 
purpose of engaging in any 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 shall be fined under this title, imprisoned not more 
than 15 years, or both.]
    (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.

           *       *       *       *       *       *       *


Sec. 2426. Repeat offenders

    (a) Maximum Term of Imprisonment.--The maximum term of 
imprisonment for a violation of this chapter after a prior sex 
offense conviction shall be twice the term of imprisonment 
otherwise provided by this chapter, unless section 3559(e) 
applies.

           *       *       *       *       *       *       *


   CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND 
INTERCEPTION OF ORAL COMMUNICATIONS

           *       *       *       *       *       *       *


Sec. 2516. Authorization for interception of wire, oral, or electronic 
                    communications

    (1) The Attorney General, Deputy Attorney General, 
Associate Attorney General, or any Assistant Attorney General, 
any acting Assistant Attorney General, or any Deputy Assistant 
Attorney General or acting Deputy Assistant Attorney General in 
the Criminal Division specially designated by the Attorney 
General, may authorize an application to a Federal judge of 
competent jurisdiction for, and such judge may grant in 
conformity with section 2518 of this chapter an order 
authorizing or approving the interception of wire or oral 
communications by the Federal Bureau of Investigation, or a 
Federal agency having responsibility for the investigation of 
the offense as to which the application is made, when such 
interception may provide or has provided evidence of--
            (a) any offense punishable by death or by 
        imprisonment for more than one year under sections 2274 
        through 2277 of title 42 of the United States Code 
        (relating to the enforcement of the Atomic Energy Act 
        of 1954), section 2284 of title 42 of the United States 
        Code (relating to sabotage of nuclear facilities or 
        fuel), or under the following chapters of this title: 
        chapter 37 (relating to espionage), chapter 55 
        (relating to kidnapping), chapter 90 (relating to 
        protection of trade secrets), chapter 105 (relating to 
        sabotage), chapter 115 (relating to treason), chapter 
        102 (relating to riots), chapter 65 (relating to 
        malicious mischief), chapter 111 (relating to 
        destruction of vessels), or chapter 81 (relating to 
        piracy);

           *       *       *       *       *       *       *

            (c) any offense which is punishable under the 
        following sections of this title: section 201 (bribery 
        of public officials and witnesses), section 215 
        (relating to bribery of bank officials), section 224 
        (bribery in sporting contests), subsection (d), (e), 
        (f), (g), (h), or (i) of section 844 (unlawful use of 
        explosives), section 1032 (relating to concealment of 
        assets), section 1084 (transmission of wagering 
        information), section 751 (relating to escape), section 
        1014 (relating to loans and credit applications 
        generally; renewals and discounts), sections 1503, 
        1512, and 1513 (influencing or injuring an officer, 
        juror, or witness generally), section 1510 (obstruction 
        of criminal investigations), section 1511 (obstruction 
        of State or local law enforcement), 1591 (sex 
        trafficking), section 1751 (Presidential and 
        Presidential staff assassination, kidnapping, and 
        assault), section 1951 (interference with commerce by 
        threats or violence), section 1952 (interstate and 
        foreign travel or transportation in aid of racketeering 
        enterprises), section 1958 (relating to use of 
        interstate commerce facilities in the commission of 
        murder for hire), section 1959 (relating to violent 
        crimes in aid of racketeering activity), section 1954 
        (offer, acceptance, or solicitation to influence 
        operations of employee benefit plan), section 1955 
        (prohibition of business enterprises of gambling), 
        section 1956 (laundering of monetary instruments), 
        section 1957 (relating to engaging in monetary 
        transactions in property derived from specified 
        unlawful activity), section 659 (theft from interstate 
        shipment), section 664 (embezzlement from pension and 
        welfare funds), section 1343 (fraud by wire, radio, or 
        television), section 1344 (relating to bank fraud), 
        sections [2251 and 2252 (sexual exploitation of 
        children)] 2251, 2251A, 2252, 2252A, and 2260 (sexual 
        exploitation of children), sections 2312, 2313, 2314, 
        and 2315 (interstate transportation of stolen 
        property), section 2321 (relating to trafficking in 
        certain motor vehicles or motor vehicle parts), section 
        1203 (relating to hostage taking), sections 2421, 2422, 
        2423, and 2425 (transportation for illegal sexual 
        activity and related crimes), section 1029 (relating to 
        fraud and related activity in connection with access 
        devices), section 3146 (relating to penalty for failure 
        to appear), section 3521(b)(3) (relating to witness 
        relocation and assistance), section 32 (relating to 
        destruction of aircraft or aircraft facilities), 
        section 38 (relating to aircraft parts fraud), section 
        1963 (violations with respect to racketeer influenced 
        and corrupt organizations), section 115 (relating to 
        threatening or retaliating against a Federal official), 
        section 1341 (relating to mail fraud), a felony 
        violation of section 1030 (relating to computer fraud 
        and abuse), section 351 (violations with respect to 
        congressional, Cabinet, or Supreme Court 
        assassinations, kidnapping, and assault), section 831 
        (relating to prohibited transactions involving nuclear 
        materials), section 33 (relating to destruction of 
        motor vehicles or motor vehicle facilities), section 
        175 (relating to biological weapons), section 1992 
        (relating to wrecking trains), a felony violation of 
        section 1028 (relating to production of false 
        identification documentation), section 1425 (relating 
        to the procurement of citizenship or nationalization 
        unlawfully), section 1426 (relating to the reproduction 
        of naturalization or citizenship papers), section 1427 
        (relating to the sale of naturalization or citizenship 
        papers), section 1541 (relating to passport issuance 
        without authority), section 1542 (relating to false 
        statements in passport applications), section 1543 
        (relating to forgery or false use of passports), 
        section 1544 (relating to misuse of passports), or 
        section 1546 (relating to fraud and misuse of visas, 
        permits, and other documents);

           *       *       *       *       *       *       *

            (q) any criminal violation of section 229 (relating 
        to chemical weapons); or sections 2332, 2332a, 2332b, 
        2332d, 2332f, 2339A, 2339B, or 2339C of this title 
        (relating to terrorism); [or]
            (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
            [(r)] (s) any conspiracy to commit any offense 
        described in any subparagraph of this paragraph.

           *       *       *       *       *       *       *


PART II--CRIMINAL PROCEDURE

           *       *       *       *       *       *       *


CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

           *       *       *       *       *       *       *


Sec. 3142. Release or detention of a defendant pending trial

    (a) * * *

           *       *       *       *       *       *       *

    (e) Detention.--If, after a hearing pursuant to the 
provisions of subsection (f) of this section, the judicial 
officer finds that no condition or combination of conditions 
will reasonably assure the appearance of the person as required 
and the safety of any other person and the community, such 
judicial officer shall order the detention of the person before 
trial. In a case described in subsection (f)(1) of this 
section, a rebuttable presumption arises that no condition or 
combination of conditions will reasonably assure the safety of 
any other person and the community if such judicial officer 
finds that--
            (1) * * *

           *       *       *       *       *       *       *

Subject to rebuttal by the person, it shall be presumed that no 
condition or combination of conditions will reasonably assure 
the appearance of the person as required and the safety of the 
community if the judicial officer finds that there is probable 
cause to believe that the person committed an offense for which 
a maximum term of imprisonment of ten years or more is 
prescribed in the Controlled Substances Act (21 U.S.C. 801 et 
seq.), the Controlled Substances Import and Export Act (21 
U.S.C. 951 et seq.), the Maritime Drug Law Enforcement Act (46 
U.S.C. App. 1901 et seq.), or an offense under section 924(c), 
956(a), [or 2332b] 1201, 1591, 2241, 2242, 2244(a)(1), 
2242(a)(2), 2251, 2251A, 2252, 2252A, 2260, 2332b, 2421, 2422, 
2423, or 2425 of title 18 of the United States Code.

           *       *       *       *       *       *       *


                        CHAPTER 213--LIMITATIONS

Sec.
3281.  Capital offenses.
     * * * * * * *
3297.  Child abduction and sex offenses.
     * * * * * * *

Sec. 3297. 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 section 1591, 2241, 2242, 
2244(a)(1), 2244(a)(2), 2251, 2251A, 2252, 2252A, 2260, 2421, 
2422, 2423, or 2425.

           *       *       *       *       *       *       *


CHAPTER 227--SENTENCES

           *       *       *       *       *       *       *


SUBCHAPTER A--GENERAL PROVISIONS

           *       *       *       *       *       *       *


Sec. 3559. Sentencing classification of offenses

    (a) * * *

           *       *       *       *       *       *       *

    (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), 
                        2244(a)(1) or (2) (relating to abusive 
                        sexual contact), 2245 (relating to 
                        sexual abuse resulting in death), 2251 
                        (relating to sexual exploitation of 
                        children), 2251A (relating to selling 
                        or buying of children), or 2422(b) 
                        (relating to coercion and enticement of 
                        a minor into prostitution); 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).

           *       *       *       *       *       *       *


SUBCHAPTER D--IMPRISONMENT

           *       *       *       *       *       *       *


Sec. 3583. Inclusion of a term of supervised release after imprisonment

    (a) * * *

           *       *       *       *       *       *       *

    (e) Modification of Conditions or Revocation.--The court 
may, after considering the factors set forth in section 
3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), 
(a)(6), and (a)(7)--
            (1) * * *

           *       *       *       *       *       *       *

            (3) revoke a term of supervised release, and 
        require the defendant to serve in prison all or part of 
        the term of supervised release authorized by statute 
        for the offense that resulted in such term of 
        supervised release without credit for time previously 
        served on postrelease supervision, if the court, 
        pursuant to the Federal Rules of Criminal Procedure 
        applicable to revocation of probation or supervised 
        release, finds by a preponderance of the evidence that 
        the defendant violated a condition of supervised 
        release, except that a defendant whose term is revoked 
        under this paragraph may not be required to serve on 
        any such revocation more than 5 years in prison if the 
        offense that resulted in the term of supervised release 
        is a class A felony, more than 3 years in prison if 
        such offense is a class B felony, more than 2 years in 
        prison if such offense is a class C or D felony, or 
        more than one year in any other case; or

           *       *       *       *       *       *       *

    (h) Supervised Release Following Revocation.--When a term 
of supervised release is revoked and the defendant is required 
to serve a term of imprisonment [that is less than the maximum 
term of imprisonment authorized under subsection (e)(3)], the 
court may include a requirement that the defendant be placed on 
a term of supervised release after imprisonment. The length of 
such a term of supervised release shall not exceed the term of 
supervised release authorized by statute for the offense that 
resulted in the original term of supervised release, less any 
term of imprisonment that was imposed upon revocation of 
supervised release.

           *       *       *       *       *       *       *

    (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, and 
the sentence for any such offense that is a felony shall 
include a term of supervised release of at least 5 years.

           *       *       *       *       *       *       *

                              ----------                              


             SECTION 3701 OF THE CRIME CONTROL ACT OF 1990

SEC. 3701. REPORTING REQUIREMENT.

    (a) In General.--Each Federal, State, and local law 
enforcement agency shall report each case of a missing child 
under the age of [18] 21 reported to such agency to the 
National Crime Information Center of the Department of Justice.

           *       *       *       *       *       *       *

                              ----------                              


 SECTION 404 OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 
                                  1974

               DUTIES AND FUNCTIONS OF THE ADMINISTRATOR

      Sec. 404. (a) * * *
    (b) Annual Grant to National Center for Missing and 
Exploited Children.--
            (1) * * *
            (2) Authorization of appropriations.--There is 
        authorized to be appropriated to the Administrator to 
        carry out this subsection, $10,000,000 for each of 
        fiscal years 2000, 2001, 2002, and 2003 and $20,000,000 
        for each of fiscal years 2004 and 2005.

           *       *       *       *       *       *       *

                              ----------                              


 SECTION 1701 OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING 
                    GRANTS.

    (a) * * *

           *       *       *       *       *       *       *

    (d) Additional Grant Projects.--Grants made under 
subsection (a) may include programs, projects, and other 
activities to--
            (1) * * *

           *       *       *       *       *       *       *

            (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;
            [(10)] (11) establish, implement, and coordinate 
        crime prevention and control programs (involving law 
        enforcement officers working with community members) 
        with other Federal programs that serve the community 
        and community members to better address the 
        comprehensive needs of the community and its members; 
        and
            [(11)] (12) support the purchase by a law 
        enforcement agency of no more than 1 service weapon per 
        officer, upon hiring for deployment in community-
        oriented policing or, if necessary, upon existing 
        officers' initial redeployment to community-oriented 
        policing.

           *       *       *       *       *       *       *


                     Committee Jurisdiction Letters
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                           Markup Transcript



                            BUSINESS MEETING

                       WEDNESDAY, MARCH 18, 2003

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 2:05 p.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
    Chairman Sensenbrenner. The Committee will be in order. The 
first item on the agenda is the adoption of H.R. 1104, the 
``Child Abduction Prevention Act.''
    The Chair recognizes the gentleman from North Carolina, Mr. 
Coble, Chairman of the Subcommittee on Crime, Terrorism and 
Homeland Security.
    Mr. Coble. Mr. Chairman, the Subcommittee on Crime, 
Terrorism and Homeland Security reports in favor of the bill 
1104 and moves its favorable consideration to the full House.
    Chairman Sensenbrenner. Without objection, H.R. 1104 will 
be considered as read and open for amendment at any point.
    [The bill, H.R. 1104, follows:]
      
      

  
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    Chairman Sensenbrenner. The Chair recognizes the gentleman 
from North Carolina to strike the last word.
    Mr. Coble. I thank the Chairman.
    Mr. Chairman and colleagues, this legislation is good 
policy. It has the potential to protect and save lives, the 
lives of the most innocent among us. H.R. 1104 is divided into 
three titles to improve the law related to child abductions by 
addressing sanctions and offenses, investigation and 
prosecution, and public outreach.
    This legislation sends a clear message that child abductors 
will not escape justice. Title I, Sanctions and Offenses, 
strengthens penalties against kidnapping by providing for a 20-
year mandatory minimum sentence and imprisonment for nonfamily 
abductions of a child under the age of 18. This title also 
requires lifetime supervision for sex offenders, which is 
similar to a bill that passed the House 409 to 3 last year.
    Also included is a provision that requires mandatory life 
imprisonment for second-time sex offenders that also passed the 
House 382 to 34 last Congress.
    In addition, this title directs the U.S. Sentencing 
Commission to increase offense levels for crimes of kidnapping 
and adds child abuse that results in a death as a predicate for 
first degree murder.
    Title II, effective investigations and prosecution, gives 
law enforcement agencies the tools they need to enforce the 
laws against child abduction. This title adds (4)(d) wiretap 
predicates that relate to sexual exploitation of crimes against 
children, which previously passed the House 396 to 11 last 
Congress.
    This title also provides that child abductions and felony 
sex offenses can be prosecuted without limitation of time and 
provides a rebuttable presumption that child rapists and 
kidnappers should not get pretrial release.
    Title III, Public Outreach, establishes a national Amber 
Alert program based on Representative Jennifer Dunn's and 
Representative Martin Frost's bill to expand the child 
abduction communications warning network throughout the United 
States. The Amber program is a voluntary partnership between 
law enforcement agencies and broadcasters to activate an urgent 
alert bulletin in serious child abduction cases. The goal of 
the Amber alert is to have the assistance of millions of people 
in the search for an abducted child.
    This title also increases support for the National Center 
for Missing and Exploited Children, the Nation's resource 
center for child protection, by doubling its authorization to 
$20 million. Furthermore, the title authorizes COPS funding for 
local law enforcement agencies to establish sex offender 
apprehension programs within their States.
    This program is especially important given a recent survey 
by parents for Megan's law. That survey revealed that States, 
on average, were unable to account for 24 percent of sex 
offenders who were supposed to be in the databases. An 
Associated Press investigation revealed that California alone 
had lost track of at least 33,000 sex offenders.
    Mr. Chairman, the recent wave of high-profile child 
abductions illustrates the tremendous need for legislation in 
this area. These criminals breach the security of our homes to 
steal, molest, rape, and kill our children. Immediate action is 
necessary, and I urge my colleagues to support this 
legislation.
    Chairman Sensenbrenner. The gentleman from Michigan.
    The gentleman from Virginia, Mr. Scott.
    Mr. Scott. Thank you, Mr. Chairman.
    Mr. Chairman, I am pleased the Amber Alert system for 
locating abducted or missing children is part of this bill. If 
the Amber Alert part of the bill were the only measure before 
us, we would be ready to vote, and I assume it would be 
unanimous. Unfortunately, instead of the noncontroversial 
bipartisan Frost-Dunn Amber Alert bill or the companion Senate 
Amber Alert bill which passed that body unanimously a few weeks 
ago, we have before us a bill that is now a hodgepodge of get-
tough, sound-bite-based provisions that sound good for about 
the 10 seconds that it takes to say the name, but fall apart as 
soon as you try to explain how it would actually reduce crime.
    Two strikes and you're out, lifetime supervision, sex 
crimes, wiretapping, sex tourism, mandatory minimums, death 
penalties, and so forth, and so forth, all sound like we are 
doing something about crime until you read the bills. The Amber 
Alert portion of the bill, already having passed the Senate 
unanimously, could pass the House and be on the President's 
desk within a few days. Instead, we are here today with this 
bipartisan noncontroversial bill, bogged down in controversial 
political sound bites that the Senate has not even seen fit to 
consider.
    When you take a close look at these bills, you see why they 
do not warrant consideration. The two strikes bill says that a 
second-offense crime involving a minor would require a 
mandatory life term without parole eligibility. The bill would 
cover consensual touching between high school teens, even if 
they are 4 years apart in age. That means if an 18-year-old 
high school junior engages in consensual activity, including 
touching private parts, with a 14-year-old high school freshman 
girlfriend and is prosecuted at the insistence of irate parents 
in State court, gets probation, and then does it a second time 
in a national park, then the 18-year-old is not simply subject 
to punishment for 15 years, which is the current law, but 
mandated by this bill to serve a life sentence in prison 
without any discretion on the part of the judge.
    Mr. Conyers. Would the gentleman yield?
    Mr. Scott. I yield.
    Mr. Conyers. For just a moment. I want to ask my friend, 
the Subcommittee Chairman, Howard Coble, why did you add all 
that other stuff that wasn't in the Senate bill?
    Mr. Coble. If the gentleman will yield.
    Mr. Scott. I yield.
    Mr. Coble. I think I have an amendment that probably will 
address that subsequently, I say to the gentleman from 
Michigan.
    Mr. Conyers. Okay.
    Mr. Scott. Reclaiming my time, I think he was talking about 
all of the stuff, not just one or two provisions.
    Well, the best part of the bill is that these draconian 
provisions for the most part have very limited application; 
that is, because they would enact Federal laws, which, except 
for the extraterritorial applications of the sex tourism 
provisions, the provisions that only apply in traditional 
Federal jurisdiction, that is, national parks or, 
unfortunately, Native Americans on reservations. The Sentencing 
Commission indicates that about 75 percent of the offenders 
prosecuted under the Federal provisions are Native Americans. 
So offenders who commit the same crime in the same State can 
get vastly different sentencing based on the fact one was on a 
reservation and another was across the street.
    While two strikes and you're out, sex tourism, lifetime 
supervision, mandatory minimums, and death penalties, make good 
sound bites, they do not make good policy. One criminologist 
noted in our Committee that in the earlier version of the two 
strikes bill, when we punish lesser offenses such as consensual 
crimes with the same penalty reserved for the highest grade of 
murder, a child sex offender would have little to lose--if not 
an incentive--to kill the victim, who is often the only 
important witness against him.
    The Amber Alert system has proven itself as something that 
actually assists in recovering abducted children. It is 
therefore too important to the lives and safety of such 
children to be used as a vehicle to try to get a bunch of 
politically calculated sound bites in the conference with the 
Senate because they lack merit to get there on their own. And 
this is not just true of the current Senate: Many of these 
provisions have been languishing in the Senate for the last 3 
Congresses after passing the House without any Senate 
consideration.
    So, Mr. Chairman, I would hope that we would put aside 
politics and pass a clean Amber Alert bill. In that regard, Mr. 
Chairman, I would ask unanimous consent that the Senate-passed 
bill, Amber Alert, that is Senate 121 which has been referred 
to this Committee, be added to today's markup for 
consideration, and I would ask unanimous consent that it be so 
added.
    Mr. Coble. I object.
    Chairman Sensenbrenner. Is there objection to adding the 
legislation that has been mentioned by the gentleman from 
Virginia to today's markup?
    Mr. Coble. I object, Mr. Chairman.
    Chairman Sensenbrenner. Objection is heard.
    The gentleman's time has expired. Without objection, all 
Members' opening statements will be included in the record at 
this point.
    [The prepared statement of Mr. Goodlatte follows:]
Prepared Statement of the Honorable Bob Goodlatte, a Representative in 
                  Congress From the State of Virginia
    Thank you, Mr. Chairman, for holding a markup of this important 
legislation.
    We have all been horrified lately at the news stories describing 
child abductions, rapes and even murders. Our prayers go out to those 
parents who are still living with unanswered questions and an emptiness 
that the loss of a child brings. H.R. 1104, the Child Abduction 
Prevention Act, cracks down on those criminals that violate our 
children and provides resources to boost the chances that abducted 
children will be safely recovered.
    This legislation provides the necessary tools to help law 
enforcement officers apprehend and prosecute child exploiters. For one, 
it increases the minimum and maximum penalties for the sexual 
exploitation and sex trafficking of children. It also directs the 
sentencing commission to increase the base offense level for 
kidnapping. Furthermore, it removes the statute of limitations for 
child abductions and many felony sex offenses. By repealing these time 
limitations on prosecuting child exploiters, law enforcement officials 
will be able to go after a child predator regardless of when the crime 
occurred. This provision will be particularly helpful in situations 
where DNA evidence conclusively proves the identity of a perpetrator 
years after the crime was committed.
    H.R. 1104 also provides resources, including funding, for the 
establishment of a national AMBER Alert program. First, the bill 
establishes an AMBER Alert coordinator within the Department of Justice 
to assist states with their AMBER Alert plans. This coordinator will 
encourage states to adopt AMBER Alert plans and will help ensure 
regional cooperation among those plans. Second, the bill authorizes $5 
million to be distributed to the Department of Justice for the 
development and enhancement of programs that support AMBER Alert plans.
    In addition, the bill authorizes $20 million for fiscal year 2004 
for the Secretary of Transportation to make grants to states for the 
development of communications programs along highways to help locate 
missing children. The bill also doubles the current federal grant to 
the National Center for Missing and Exploited Children. These resources 
will help to bring missing and abducted children safely back home to 
their parents.
    As a member of the Congressional Missing and Exploited Children's 
Caucus, I have long been concerned about the safety of children, the 
most vulnerable among us. The Caucus has worked to build awareness 
around the issue of missing children, and to create a cohesive voice in 
Congress on the issue so that we might introduce and pass legislation 
that will strengthen law enforcement and community mobilization efforts 
to address child abduction. H.R. 1104 achieves these goals and I 
encourage each of my colleagues to support this important legislation.

    [The prepared statement of Ms. Jackson Lee follows:]
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    Chairman Sensenbrenner. Are there amendments to the bill?
    The gentleman from North Carolina.
    Mr. Coble. I have an amendment at the desk, Mr. Chairman.
    Chairman Sensenbrenner. The Clerk will report the 
amendment.
    Mr. Coble. It is Coble OO3.
    The Clerk. Amendment to H.R. 1104 offered by Representative 
Coble:
    Page 2, line 16, strike chapter 109A, 110, 117--.
    Mr. Coble. Mr. Chairman, I ask unanimous consent the 
amendment be considered as read.
    Chairman Sensenbrenner. Without objection, the amendment is 
considered as read and the gentleman from North Carolina is 
recognized for 5 minutes.
    [The amendment follows:]
      
      

  
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    Mr. Coble. I say to my friend from Michigan, John, I think 
my amendment will address some of your concerns. But to extend 
your question, we might just ask why the Senate didn't consider 
some of our situations in our bill, and I think the reason we 
didn't do the Senate bit was because, I believe, the 
comprehensive approach is preferable. But we can maybe get to 
that at a later time.
    Mr. Chairman, I move to strike the last word.
    Chairman Sensenbrenner. The gentleman is recognized for the 
remainder of the time.
    Mr. Coble. Mr. Chairman, this amendment would remove the 
crime of statutory rape as an underlying offense to the 
sections of the bill concerning lifetime supervision, two 
strikes, no statute of limitation, and no pretrial release. I 
am offering this amendment in response to several concerns, and 
I know Mr. Scott of Virginia had some concerns about these as 
well.
    This is not to say that Federal statutory rape is not a 
serious crime. On the contrary, it is. But the obvious 
exploitative nature of a relationship between a child under the 
age of 16 and someone at least 4 years older warrants the harsh 
punishment contained in the current law. However, I would 
rather see the increased penalties and restrictions on 
defendants contained in the bill apply only to cases that do 
not involve consensual sexual acts.
    Under the amended language of the bill, only the most 
serious crime of sexual abuse or coercion would subject a 
defendant to the increased penalties of the bill. Based upon 
this reasoning, this amendment would also add two sections of 
title 18 to the list of crimes that would subject a defendant 
to the possibility of mandatory life imprisonment following a 
second conviction. Those crimes are section 2251, relating to 
raping a child in the production of child pornography, and 
section 2422(b), relating to coercion or enticement of a minor 
to engage in prostitution.
    These crimes are consistent with the premise that persons 
who repeatedly commit serious sex offenses against children 
should be incarcerated permanently.
    I urge my colleagues to support this amendment.
    Chairman Sensenbrenner. Does the gentleman yield back?
    Mr. Coble. I yield back.
    Chairman Sensenbrenner. The gentleman from Virginia, Mr. 
Scott.
    Mr. Scott. I move to strike the last word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Scott. Mr. Chairman, I am just seeing this for the 
first time and it is written in section by section. We are 
trying to go back and forth to see what is what.
    So let me ask a couple of questions. The gentleman in his 
statement mentioned something about pretrial release and 
statute of limitations. Could he say what the amendment does to 
pretrial release and statute of limitations?
    Mr. Coble. If the gentleman will yield, it removes 
statutory rape from the underlying sections.
    Mr. Scott. What about pretrial release and statute of 
limitations?
    Mr. Coble. Well, the pretrial release would be the same 
thing, with the direction of the judge after release.
    Mr. Scott. Did the underlying bill prohibit pretrial 
release for some of these charges?
    Mr. Coble. That's correct.
    Mr. Scott. And did you remove that section?
    Mr. Coble. If the gentleman would yield, it would remove 
statutory rape.
    Mr. Scott. I am a little confused, then.
    Chairman Sensenbrenner. Will the gentleman yield?
    Mr. Scott. I yield.
    Chairman Sensenbrenner. What this amendment does is it 
takes statutory rape out of the entire bill, which hits the 
point the gentleman made in his opening statement. It includes 
two heinous crimes that were not in the original bill, which 
were rape of a minor in the production of child pornography and 
coercion and enticement of a minor into prostitution. So they 
would be included in the denial of pretrial release in the 
other provisions of the bill, but statutory rape would be taken 
out.
    Mr. Scott. Reclaiming my time. The bill, with the 
amendment, then, would still prohibit pretrial release for the 
serious offenses.
    Chairman Sensenbrenner. If the gentleman would yield, yes, 
but would not prohibit pretrial release for statutory rape.
    Mr. Scott. Okay, thank you.
    Chairman Sensenbrenner. Does the gentleman yield back?
    Mr. Scott. I yield back.
    Chairman Sensenbrenner. The question is on the Coble 
amendment.
    Those in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it.
    Are there further amendments?
    Mr. Coble. I have an amendment at the desk.
    Chairman Sensenbrenner. The gentleman from North Carolina.
    The Clerk. Amendment to H.R. 1104 offered by Mr. Coble: 
    Page 19, strike line 20, and all that follows through--.
    Mr. Coble. Mr. Chairman, I ask unanimous consent the 
amendment be considered as read.
    [The amendment follows:]
      
      

  
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    Mr. Watt. Reserving a point of order.
    Chairman Sensenbrenner. Point of order is reserved. The 
gentleman from North Carolina is recognized for 5 minutes.
    Mr. Coble. Mr. Chairman, this amendment, I believe, will be 
technical.
    Apparently, there is a mistake in the drafting of the 
legislative language in section 303 of the bill. That section 
authorizes $20 million for the Secretary of Transportation to 
carry out a program to provide grants to States for the 
development or enhancement of notification or communication 
systems along highways for alerts and other information for the 
recovery of abducted children.
    The Department of Transportation has been developing an 
Amber program grant since October 2002, and has put a lot of 
time and effort into developing the guidelines for their 
program. The current language of section 303 conflicts with 
those guidelines.
    For example, the current Amber Alert program allows the 
Federal share of any grant to be up to 80 percent. Section 303, 
as currently drafted, only allows a Federal share of up to 50 
percent. Enactment of these provisions, as currently drafted, 
would have hindered these funds from getting to the States in a 
timely manner. The Department of Transportation would have had 
to start back at square one, it seems to me, and redevelop 
their guidelines or create a new and separate Amber Alert 
program, alongside its current program. This would have only 
led to confusion and wasted resources.
    The language in this amendment authorizes the same $20 
million to the Department of Transportation, but the guidelines 
for the grant program mirrors the guidelines that are currently 
in place at the Department. Mr. Chairman, this amendment is 
being offered at the request of Chairman Young and Ranking 
Member Oberstar of the Committee on Transportation and 
Infrastructure.
    I guess, Mr. Chairman and colleagues, what it amounts to is 
that there are two separate Amber Alert programs involving two 
separate Federal entities, i.e. Transportation and Justice. And 
I urge my colleagues to support the amendment.
    Chairman Sensenbrenner. Does the gentleman yield back?
    Mr. Coble. I yield back.
    Chairman Sensenbrenner. Does the gentleman from North 
Carolina insist on his point of order?
    Mr. Watt. No, Mr. Chairman, I withdraw my point of order.
    Chairman Sensenbrenner. The point of order is withdrawn.
    The question is on the amendment offered by the gentleman 
from North Carolina, Mr. Coble.
    Before putting the question, the Chair would like to ask 
unanimous consent to introduce into the record at this point a 
letter from Chairman Young of the Committee on Transportation 
and Infrastructure relative to this issue and this amendment.
    Without objection, the letter is included.
    [The material referred to follows:]

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    Chairman Sensenbrenner. The question now is on the Coble 
amendment 021.
    Those in favor will say aye.
    Those opposed, no.
    The ayes appear to have it. The ayes have it and the 
amendment is agreed to.
    Are there further amendments?
    Ms. Jackson Lee. Mr. Chairman, I have an amendment at the 
desk.
    Chairman Sensenbrenner. The Clerk will report the 
amendment.
    Ms. Jackson Lee. Amendment number 2.
    The Clerk. Amendment to H.R. 1104 offered by Ms. Jackson 
Lee: Amendment number 2, strike Titles I, II, and III.
    [The amendment follows:]
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    Chairman Sensenbrenner. The gentlewoman from Texas is 
recognized for 5 minutes.
    Ms. Jackson Lee. I thank the Chairman, the Ranking Member, 
and the Ranking Member and Chairman of the Subcommittee. This 
amendment is simple in its intent, and that is, to respect the 
content and quality and importance of the Amber Alert as it was 
designed in the State of Texas.
    I have been informed, Mr. Chairman, to ask unanimous 
consent to strike III from my amendment, please.
    Chairman Sensenbrenner. Reserving the right to object, why 
is that?
    Ms. Jackson Lee. Because I would like to only strike I and 
II. That is why, Mr. Chairman.
    Chairman Sensenbrenner. Further reserving the right to 
object, does striking Title III strike the Amber Alert part of 
the bill?
    Ms. Jackson Lee. I am correcting the amendment, Mr. 
Chairman, to strike I and II.
    Chairman Sensenbrenner. Further reserving the right to 
object, is Title III the Amber Alert part of the bill?
    Ms. Jackson Lee. I am correcting the amendment, and I am--
--
    Chairman Sensenbrenner. Without objection, her modification 
is agreed to.
    Ms. Jackson Lee. Thank you, Mr. Chairman, for your 
kindness.
    Let me go on record, Mr. Chairman, as I know you do, I 
enthusiastically support the Amber Alert freestanding Senate 
bill. But more importantly, let me refer to the Amber Alert 
concept that was designed in the State of Texas, specifically, 
and tragically in Dallas, with the loss of one of our young 
people that lost her life.
    I believe it is extremely important to recognize where we 
are today, with again the climate of security changing in this 
Nation, with the recognition that as we sit here today a child 
is being either abducted or, if you will, assaulted, and that 
the importance of moving this legislation should really take 
priority over, in fact, Mr. Chairman, many of the valid 
legislative initiatives that may be included.
    Research has found that most abducted children murdered by 
their kidnappers are killed within 3 hours of their abduction. 
Prompt and timely responses are critical. As we have been able 
to discern from the facts now generated through Elizabeth 
Smart's abduction, she remained within the parameters of her 
home throughout the entire time, 20, 30 miles away, and maybe 
only as far as Las Vegas. It means that the input of the 
community was vital.
    Mr. Smart made it very clear that in finding his daughter 
he owed a great deal of gratitude to the notifications given to 
the larger community. So we know the concept of the Amber Alert 
works. We have already noted the media can be very 
instrumental. In my own hometown, the new transportation 
system, the lighted boards, are very instrumental in notifying 
motorists to look for a certain type of vehicle and a certain 
type of plate, if you will.
    So I would hope that we could move the legislation as the 
Senate has provided us. And I do want to speak to Mr. Coble's 
point, that it is not in disrespect to the work of the House of 
Representatives; rather, it is in respect of that work that we 
too want to be able to ensure that a freestanding bill is 
immediately passed and goes to the President's desk, 
particularly as the winds of war are blowing and particularly 
as most of the child support groups and groups that advocate 
children's issues believe that this bill is a good bill as it 
stands and will help to save lives.
    Mr. Cannon. Would the gentlelady yield?
    Ms. Jackson Lee. I would be happy to yield.
    Mr. Cannon. This is, of course, a confusing and difficult 
issue for many of us who are dealing with it. It is my 
understanding that the Justice Department has administratively, 
essentially, done what is in the Senate's Amber Alert bill.
    Can you explain to me what the difference between passing 
this section 3 alone would do in addition to what is happening 
currently and administratively through the Justice Department?
    Ms. Jackson Lee. I'd be happy to explain it, as I so 
interpret it, and that is my recollection of administrative law 
in law school. It is what it is. They are internal procedures 
operated by administrative fiat, if you will, to be overturned 
by statutory law. If we pass this bill--.
    Mr. Cannon. Will the gentlelady yield?
    Ms. Jackson Lee. Let me continue. I am reclaiming my time. 
If we pass this bill, this bill would be statutory, signed by 
the President into law--.
    Chairman Sensenbrenner. The gentlewoman's time has expired.
    Ms. Jackson Lee.--and would be an effective legislative 
initiative. So I would ask my colleagues to support the 
legislation.
    Chairman Sensenbrenner. The Chair recognizes himself for 5 
minutes.
    First of all, I think that the amendment prior to this one 
shows how useful dispassionate Committee consideration of 
legislation is. The Amber provisions of my bill, as well as in 
the stand-alone Senate-passed bill, had the problem that was 
drawn to our attention by the Chairman and Ranking Member of 
the Infrastructure and Public Works Committee. So the Senate 
bill required an amendment, just as my bill requires an 
amendment. And that is why using the process in considering 
legislation in Committee is so very important, so that we can 
do it right the first time.
    Secondly, I am going to ask unanimous consent to include a 
letter that the Justice Department sent me today which says 
that the Attorney General has already implemented 
administratively the Amber program, in that he has appointed an 
assistant attorney general as the national coordinator of Amber 
programs, and there was a reprogramming so that there is over 
$10 million for grants to States in the Justice Department to 
establish and maintain Amber programs.
    [The material referred to follows:]

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    I think that this indicates that the rush to pass a stand-
alone bill is really duplicating the efforts that the Justice 
Department made last fall and was not properly drafted when it 
passed the Senate, and fortunately we have been able to correct 
it.
    Now, there are some who have labeled the provisions of the 
bill that the gentlewoman from Texas wants to strike as 
extraneous. These so-called extraneous provisions provide for a 
20-year mandatory minimum sentence of imprisonment for 
abductions of children under the age of 18, mandatory life 
imprisonment for second-time offenders, removes the statute of 
limitations for child abductors and sex offenders, denies 
pretrial release for those who rape and kidnap children, and 
allows local law enforcement agencies to receive funding to 
establish sex offender apprehension programs and doubles the 
authorization for the National Center for Missing and Exploited 
Children to $20 million per year. None of these provisions are 
considered extraneous; not by the Justice Department, the 
National Center for Missing and Exploited Children, or the 390 
Members of Congress who voted for this bill last year, which 
included then Leader Gephardt, present Leader Pelosi, and Mr. 
Berman from this Committee.
    The stand-alone Amber bill calls for a national 
coordinator. On October 2, 2002, the President signed an 
Executive Order to direct the Attorney General to designate 
that assistant as the national coordinator. There is a lot of 
funding that is available. Some has not even been applied for. 
Between Justice and Transportation, they have almost $12.5 
billion in the bank ready to spend on Amber programs, $5.5 
million in Justice, and $7 million in Transportation.
    Let us be clear: If the Senate's Amber bill were enacted 
into law today, nothing that is currently going on would 
change. The bill merely supplants the Department of Justice's 
general authorization with a specific authorization. The money 
is there now. The money would be there in the future if this 
bill would pass.
    I think that the other provisions of this bill put emphasis 
on the prevention of kidnapping and the prevention of the 
exploitation of children for sexual gratification. I think 
prevention is much, much more important than notification is, 
important though it may be; because once there is a kidnapping 
or a molestation, then that child is scarred for the rest of 
their life. So by allowing the law to change to try to prevent 
a kidnapping and molestation to begin with, we save those 
children from being scarred. Once they are kidnapped, Amber is 
important to alert law enforcement and the public to track down 
those who are responsible and to reunite the children with 
their families.
    I do not think we should ignore prevention while we are 
attempting to improve notification. Both of these things go 
together. Both of them are important. And I would hope that the 
other body, as a result of all the publicity that has come out 
on this issue, would deal with the prevention issues, which 
they have failed to do in the past.
    I yield back the balance of my time.
    The gentlewoman from California, Ms. Sanchez.
    Ms. Sanchez. Mr. Chairman, I move to strike the last word.
    Chairman Sensenbrenner. The gentlewoman is recognized for 5 
minutes.
    Ms. Sanchez. I yield my time to the gentlewoman from Texas.
    Ms. Jackson Lee. I thank the gentlewoman from California, 
and again welcome her as a very vital Member of our Committee.
    Mr. Chairman, let me try to respond to some of the points 
that you have made. First of all, let me say that the 
legislative initiatives that have been offered, that have been 
added to the Amber Alert legislation, should not be mutually 
exclusive for being reviewed by this Committee and from being 
entertained not only by this Committee in the House but the 
Senate Committee on the Judiciary. They have merit.
    But let me distinguish why it is important to move on a 
freestanding Amber Alert legislative in addition. First of all, 
Senator Kay Bailey Hutchison and Senator Feinstein, who offered 
this legislation, have captured it. If we can pass this bill 
quickly, the President, although he has put in place an 
Executive Order, what our legislation does is that it has--and 
this is a comment from Senator Hutchison--it has a strong, if 
you will, legitimate monetary component. We do double the 
funding for the Amber Alert to try to help States set up Amber 
Alert systems to have their communication systems and good 
education systems, and that is why we want it passed right 
away.
    But even though prevention is a very commendable and 
important effort, the parents and people of the United States 
want to ensure that if their child is abducted, that we have a 
system in place that provides that that child could be found 
within a 3-hour period, or has the potential of doing so. If we 
have a freestanding Amber Alert bill that is passed now, we 
begin to implement a system under a past legislative 
initiative, a system that could help us find children within a 
few hours of the time that they are abducted.
    My question to this Committee is why are we standing on 
principle, if you will, of having to merge these maybe very 
fine legislative initiatives, when we could easily pass the 
Amber Alert, have the Senate bill as the standing bill, as was 
asked by the Ranking Member, and we could then have this 
legislation signed by the President and then proceed with the 
very fine legislative initiative that some of us may in fact 
agree with? What we are doing now is causing an elongated 
conference process that begs the question of whether or not we 
help solve the problem that is at hand, and that is the finding 
of abducted children and putting a system in place that will 
help those children be found.
    I would argue that it is important to move this legislation 
without these additional provisions, and I would argue that it 
would be in compliance with the needs of the American people.
    Let me also ask unanimous consent and cite from the Polly 
Klaas Foundation that urges Congress to pass H.R. 412, and ask 
unanimous consent to have this statement included, and I would 
like to read it partially.
    Chairman Sensenbrenner. Without objection.
    [The material referred to follows:]

    <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
    
    Ms. Jackson Lee. The Polly Klaas Foundation has been 
working the past year to implement Amber Alerts in every State 
and nationally. It is an invaluable tool for aiding in the 
recovery of abducted children and has already saved 51 lives 
across America. In the past week alone, three children in 
California have been saved by the State's alert system, and 
mind you, other States do not have it in place. We believe this 
same protection should be guaranteed across all city and State 
borders. We greatly appreciate and support the work of 
Representative Frost and others endorsing this stand-alone 
bill, and our greatest concern is doing whatever it takes for 
one to pass. The safe recovery of Elizabeth Smart was a great 
ending to a terrible ordeal. From our 10 years of working on 
thousands of missing children, we sadly know that the outcomes 
of such abductions are rarely positive. Unfortunately, children 
go missing every day in this country, making the failure to 
immediately approve the Amber Alert bill a dangerous political 
game. Although I know there is great sincerity on behalf of all 
who are interested in the additional provisions, it is my plea 
that we can do both, pass the Amber Alert and review these 
other amendments in time, and work with Senate so that other 
prevention measures can be passed.
    With that, I ask my colleagues to be able to support this 
amendment. I yield back.
    Chairman Sensenbrenner. Does the gentlewoman from 
California yield back?
    Ms. Sanchez. Yes, Mr. Chairman.
    Mr. Keller. Mr. Chairman.
    Chairman Sensenbrenner. The gentleman from Florida, Mr. 
Keller.
    Mr. Keller. Move to strike the last word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Keller. Mr. Chairman, I would like to address head-on 
an argument that has been made here today, that we should 
essentially separate out the Amber Alert portion of the bill 
from the other bills that have been labeled as more 
controversial to assure the passage in Congress.
    Two arguments have been advanced for this position. I took 
notes when Mr. Scott was speaking. First, he said this bill, 
packaging both things together, is controversial, partisan, and 
is made for political sound bites.
    Well, the almost identical noncontroversial bill, called 
the Child Abduction Prevention Act, passed the United States 
House of Representatives on October 8, 2002, by a vote of 390 
to 24. That means 94 percent of the Members of the United 
States Congress voted yes, including Mr. Gephardt, Ms. Pelosi, 
Mr. Frost, and Berman. Surely these statesmen in the Democratic 
Party would not engage in tactics that are controversial or 
partisan.
    The second argument has been made that nothing in these 
other provisions, such as two strikes and you're out, will 
reduce crime and so we should throw those out and only pass the 
Amber Alert portion.
    I would remind my colleagues that Mr. Ernie Allen, the 
President of the National Center for Missing and Exploited 
Children, testified as to the overwhelming amount of recidivism 
for child molesters, which is relevant, for example, to the two 
strikes and you're out provision for child sex crimes. 
Obviously, if someone is in prison after committing two of 
these crimes and being convicted, they are not going to molest 
anymore children.
    According to what we learned from Mr. Allen, the typical 
sex offender molests 117 children in his lifetime. That is 
pretty relevant to the parents of those children. Molesters of 
boys have a 40 percent recidivism rate, molesters of girls have 
a 29 percent recidivism rate, rapists have a 35 percent 
recidivism rate, those who commit minor sex offenses, such as 
exhibitionists, have a 71 recidivism rate.
    So I would say the evidence is quite to the contrary, that 
there are prevention aspects in this that would help reduce 
crime.
    Mr. Chairman, I yield back the balance of my time.
    Chairman Sensenbrenner. The gentleman from Virginia, Mr. 
Scott.
    The gentleman is recognized for 5 minutes.
    Mr. Scott. Mr. Chairman, as we talk about prevention, I 
apologize, the amendment that we adopted was only available as 
we came to the markup, so I haven't gone through all of it, but 
it is my understanding that only the serious offenses are left. 
And if you go through the code, virtually all of them allow the 
death penalty and life without parole already as a sentence in 
appropriate cases. And if you are not deterred by that, you are 
not going to be deterred by whatever is in this bill. There 
will be prevention of death and injury if we can implement the 
Amber Alert bill.
    Now, we said last year that if we added all of these things 
to the bill, it would kill the bill because the Senate wouldn't 
take them up. That is what we said, and that is what happened. 
Although the bills flew through the House as if they were 
noncontroversial, they were not even taken up by the Senate, 
and it is unlikely that the Senate is going to take up this 
measure.
    The Senate has had the sex tourism and the two strikes 
bills before it for several Congresses. It has not passed them. 
It is unlikely that the addition of the Amber Alert will change 
their opinion of those provisions. This amendment will make it 
possible to pass the Amber Alert bill so that children can be 
saved.
    So I would ask that we would pass the Amber Alert bill. And 
if we insist on the other provisions, pass them as freestanding 
bills, send them to the Senate where they can sit there for the 
next year and a half before they die. I would hope that we 
would adopt the amendment and pass the Amber Alert bill.
    Chairman Sensenbrenner. The question is on the amendment 
offered by the gentlewoman from Texas, Ms. Jackson Lee.
    Those in favor will say aye.
    Opposed, no.
    The noes appear to have it. The noes have it.
    Ms. Jackson Lee. Mr. Chairman, I ask for a rollcall.
    Chairman Sensenbrenner. rollcall is ordered.
    Those in favor of the Jackson Lee amendment will, as your 
names are called, answer aye. Those opposed, no.
    The Clerk will call the roll.
    The Clerk. Mr. Hyde.
    [No response.]
    The Clerk. Mr. Coble.
    Mr. Coble. No.
    The Clerk. Mr. Coble votes no.
    Mr. Smith.
    Mr. Smith. No.
    The Clerk. Mr. Smith votes no.
    Mr. Gallegly.
    [No response.]
    The Clerk. Mr. Goodlatte.
    Mr. Goodlatte. No.
    The Clerk. Mr. Goodlatte votes no.
    Mr. Chabot.
    Mr. Chabot. No.
    The Clerk. Mr. Chabot votes no.
    Mr. Jenkins.
    Mr. Jenkins. No.
    The Clerk. Mr. Jenkins votes no.
    Mr. Cannon.
    Mr. Cannon. No.
    The Clerk. Mr. Cannon votes no.
    Mr. Bachus.
    [No response.]
    The Clerk. Mr. Hostettler.
    Mr. Hostettler. No.
    The Clerk. Mr. Hostettler votes no.
    Mr. Green.
    [No response.]
    The Clerk. Mr. Keller.
    Mr. Keller. No.
    The Clerk. Mr. Keller votes no.
    Ms. Hart.
    Ms. Hart. No.
    The Clerk. Ms. Hart votes no.
    Mr. Flake.
    [No response.]
    The Clerk. Mr. Pence.
    Mr. Pence. No.
    The Clerk. Mr. Pence votes no.
    Mr. Forbes.
    Mr. Forbes. No.
    The Clerk. Mr. Forbes votes no.
    Mr. King.
    [No response.]
    The Clerk. Mr. Carter.
    Mr. Carter. No.
    The Clerk. Mr. Carter votes no.
    Mr. Feeney.
    Mr. Feeney. No.
    The Clerk. Mr. Feeney votes no.
    Mrs. Blackburn.
    Mrs. Blackburn. No.
    The Clerk. Mrs. Blackburn votes no.
    Mr. Conyers.
    Mr. Conyers. Aye.
    The Clerk. Mr. Conyers votes aye.
    Mr. Berman.
    [No response.]
    The Clerk. Mr. Boucher.
    [No response.]
    The Clerk. Mr. Nadler.
    [No response.]
    The Clerk. Mr. Scott.
    Mr. Scott. Aye.
    The Clerk. Mr. Scott votes aye.
    Mr. Watt.
    Mr. Watts. Aye.
    The Clerk. Mr. Watts votes aye.
    Ms. Lofgren.
    [No response.]
    The Clerk. Ms. Jackson Lee.
    Ms. Jackson Lee. Aye.
    The Clerk. Ms. Jackson Lee votes aye.
    Ms. Waters.
    [No response.]
    The Clerk. Mr. Meehan.
    [No response.]
    The Clerk. Mr. Delahunt.
    [No response.]
    The Clerk. Mr. Wexler.
    Mr. Wexler. No.
    The Clerk. Mr. Wexler votes no.
    Ms. Baldwin.
    [No response.]
    The Clerk. Mr. Weiner.
    [No response.]
    The Clerk. Mr. Schiff.
    [No response.]
    The Clerk. Ms. Sanchez.
    Ms. Sanchez. Aye.
    The Clerk. Ms. Sanchez votes aye.
    Mr. Chairman.
    Chairman Sensenbrenner. No.
    The Clerk. Mr. Chairman votes no.
    Chairman Sensenbrenner. Are there Members who wish to cast 
or change their vote? The gentleman from Alabama, Mr. Bachus.
    Mr. Bachus. No.
    The Clerk. Mr. Bachus, no.
    Chairman Sensenbrenner. Further Members who wish to cast or 
change their vote?
    If not, the Clerk will report.
    The Clerk. Mr. Chairman, there are 5 ayes and 17 noes.
    Chairman Sensenbrenner. The amendment is not agreed to.
    I have a further amendment at the desk.
    The Clerk. Amendment to H.R. 1104, offered by 
Representative Sensenbrenner. Section 302(b) is amended by 
adding after paragraph----
    Chairman Sensenbrenner. Without objection, the amendment is 
considered as having been read.
    [The amendment follows:]

    <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
    
    Mr. Watt. Reserving the right to object.
    Chairman Sensenbrenner. The minority has had this 
amendment. The minority was given this amendment a few minutes 
ago.
    Mr. Watt. I'm sorry, Mr. Chairman, I had not seen it. I'm 
sorry. I will withdraw my reservation.
    Chairman Sensenbrenner. Without objection, the amendment is 
considered as read, and the Chair recognizes himself for 5 
minutes.
    This amendment is offered at the request of Representative 
Frank Wolf of Virginia. He has requested the Amber Alert system 
include provisions to alert pharmacies, doctors' offices, 
health clinics and emergency rooms, all of which a kidnapper 
may visit when the abducted child is sick or reacting to a lack 
of medication related to a disability. This would provide the 
information relative to the disability so that it would be 
disseminated. This change is a good idea, regardless of whether 
or not the child is disabled, as the kidnapper may have to 
visit one of these locations with an abducted child.
    I would ask unanimous consent that the letter from 
Congressman Wolf to me dated March 13 be included in the record 
at this point.
    Without objection, it is.
    [The material referred to follows:]

    <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
    
    Chairman Sensenbrenner. I yield back the balance of my 
time.
    The question is on agreeing to the amendment which the 
Chair has offered.
    Those in favor will say aye.
    Those opposed, no.
    The ayes appear to have it. The ayes have it, and the 
amendment is agreed to.
    Are there further amendments?
    Ms. Jackson Lee. I have an amendment at the desk.
    Chairman Sensenbrenner. The gentlewoman from Texas.
    Ms. Jackson Lee. I think it is amendment number 3.
    Chairman Sensenbrenner. The Clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 1104, offered by Ms. Jackson 
Lee:
    Strike Titles I, II. Replace Titles I, II with the 
following: 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 for each of fiscal years 
2004 and 2005----''
    Chairman Sensenbrenner. Without objection, the amendment is 
considered as having been read, and the gentlewoman is 
recognized for 5 minutes.
    [The amendment follows:]
    <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
    
    Ms. Jackson Lee. I would not want to suggest to anyone that 
the Polly Klaas Foundation is the only child advocacy 
organization that is important to finding children.
    Mr. Chairman--.
    Chairman Sensenbrenner. The gentlewoman has the time.
    Ms. Jackson Lee. Yes, thank you. Mr. Chairman, I want to 
withdraw this and submit another amendment.
    Chairman Sensenbrenner. The amendment is withdrawn.
    Does the gentlewoman have another amendment?
    Ms. Jackson Lee. Mr. Chairman, I will wait for the Rules 
Committee. Thank you.
    Chairman Sensenbrenner. Are there further amendments? If 
there are no further amendments, the Chair notes the presence 
of a reporting quorum.
    The question is on reporting the bill H.R. 1104 favorably, 
as amended.
    Those in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes--.
    Mr. Coble. Recorded vote.
    Chairman Sensenbrenner. A recorded vote is requested. Those 
in favor of reporting H.R. 1140, as amended, will, as your 
names are called, answer aye. Those opposed, no.
    The Clerk will call the roll.
    The Clerk. Mr. Hyde.
    [No response.]
    The Clerk. Mr. Coble.
    Mr. Coble. Aye.
    The Clerk. Mr. Coble votes aye.
    Mr. Smith.
    Mr. Smith. Aye.
    The Clerk. Mr. Smith votes aye.
    Mr. Gallegly.
    [No response.]
    The Clerk. Mr. Goodlatte.
    Mr. Goodlatte. Aye.
    The Clerk. Mr. Goodlatte votes aye.
    Mr. Chabot.
    Mr. Chabot. Aye.
    The Clerk. Mr. Chabot votes aye.
    Mr. Jenkins.
    Mr. Jenkins. Aye.
    The Clerk. Mr. Jenkins votes aye.
    Mr. Cannon.
    Mr. Cannon. Aye.
    The Clerk. Mr. Cannon votes aye.
    Mr. Bachus.
    Mr. Bachus. Aye.
    The Clerk. Mr. Bachus votes aye.
    Mr. Hostettler.
    Mr. Hostettler. Aye.
    The Clerk. Mr. Hostettler votes aye.
    Mr. Green.
    [No response.]
    The Clerk. Mr. Keller.
    Mr. Keller. Aye.
    The Clerk. Mr. Keller votes aye.
    Ms. Hart. Aye.
    The Clerk. Ms. Hart votes aye.
    Mr. Flake.
    [No response.]
    The Clerk. Mr. Pence.
    Mr. Pence. Aye.
    The Clerk. Mr. Pence votes aye.
    Mr. Forbes.
    Mr. Forbes. Aye.
    The Clerk. Mr. Forbes votes aye.
    Mr. King.
    [No response.]
    The Clerk. Mr. Carter.
    Mr. Carter. Aye.
    The Clerk. Mr. Carter votes aye.
    Mr. Feeney.
    Mr. Feeney. Aye.
    The Clerk. Mr. Feeney votes aye.
    Mrs. Blackburn.
    Mrs. Blackburn. Aye.
    The Clerk. Mrs. Blackburn votes aye.
    Mr. Conyers.
    [No response.]
    The Clerk. Mr. Berman.
    [No response.]
    The Clerk. Mr. Boucher.
    [No response.]
    The Clerk. Mr. Nadler.
    [No response.]
    The Clerk. Mr. Scott.
    Mr. Scott. No.
    The Clerk. Mr. Scott votes no.
    Mr. Watt.
    Mr. Watt. No.
    The Clerk. Mr. Watt votes no.
    Ms. Lofgren.
    [No response.]
    The Clerk. Ms. Jackson Lee.
    Ms. Jackson Lee. Present.
    The Clerk. Ms. Jackson Lee, present.
    Ms. Waters.
    [No response.]
    The Clerk. Mr. Meehan.
    [No response.]
    The Clerk. Mr. Delahunt.
    [No response.]
    Mr. Wexler.
    Mr. Wexler. Aye.
    The Clerk. Mr. Wexler votes aye.
    Ms. Baldwin.
    [No response.]
    The Clerk. Mr. Weiner.
    [No response.]
    The Clerk. Mr. Schiff.
    [No response.]
    The Clerk. Ms. Sanchez.
    Ms. Sanchez. Aye.
    The Clerk. Ms. Sanchez votes aye.
    Mr. Chairman.
    Chairman Sensenbrenner. Aye.
    The Clerk. Mr. Chairman votes aye.
    Chairman Sensenbrenner. Are there Members who wish to cast 
or change their votes? If not, the Clerk will report.
    The Clerk. Mr. Chairman, there are 18 ayes, 2 nays, and 1 
voting present.
    Chairman Sensenbrenner. And the motion to report favorably 
is agreed to.
    Without objection, the bill will be reported favorably to 
the House in the form of a single amendment in the nature of a 
substitute incorporating the amendments adopted here today.
    Without objection, the Chairman is authorized to move to go 
to conference pursuant to House rules.
    Without objection, the staff is directed to make any 
technical and conforming changes, and all Members will be given 
2 days, as provided by House rules, in which to submit 
additional dissenting supplemental or minority views.
    The purpose for which this markup was called having been 
accomplished, the Committee is adjourned.
    [Whereupon, at 3 p.m., the Committee was adjourned.]
                            Dissenting Views

    We are very disappointed with the approach taken by the 
Majority to deal with the very serious problem of child 
abduction. If ever there was an issue the parties could come 
together on in a bipartisan way, this would seem to be it. The 
recent rash of child abductions clearly indicates the need to 
protect our children from sexual predators.
    Bipartisan legislation was introduced in the House (H.R. 
412) \1\ and Senate (S. 121) \2\ that would authorize a 
national AMBER Alert system to assist local and state 
authorities in tracking kidnappers that attempt to cross state 
lines. That bipartisan legislation quickly passed the Senate 
and it should have quickly passed the House and been sent on to 
the President. Instead, the members of this committee have been 
presented with a bill that includes not only the non-
controversial AMBER Alert provisions, but several far more 
controversial provisions. These additional provisions include 
two new death penalty offenses, new mandatory minimum 
sentences, extensions of the use of wiretaps, lifetime 
supervision, elimination of the statute of limitations, a 
provision that denies pre-trial release for certain accused 
persons, and several other extraneous provisions.
---------------------------------------------------------------------------
    \1\ H.R. 412, the National AMBER Alert Network Act of 2003 was 
introduced on January 28, 2003, by Representatives Frost and Dunn. The 
bill currently has 168 cosponsors.
    \2\ S. 121, the National AMBER Alert Network Act of 2003 was 
introduced on January 9, 2003, by Senators Feinstein and Hutchinson. 
The bill unanimously passed the Senate less than 2 weeks later on 
January 21, 2003.
---------------------------------------------------------------------------
    Our principal concern with H.R. 1104 is that it is bogged 
down with controversial provisions that will, at a minimum, 
delay enaction of the very important and time sensitive AMBER 
Alert provisions of the bill, and may prevent their enaction 
entirely. Indeed, the Senate has had the opportunity to act on 
several of the controversial provisions in this bill for the 
past three Congresses and has chosen not to on each occasion. 
For this reason, in the last Congress we advised the Majority 
that the inclusion of these provisions with the AMBER Alert 
system would doom it, and we were right--it did. Nothing 
suggests any different fate for that approach this time.
    Beyond this general and overarching concern, we have 
specific concerns about many of the extraneous provisions 
included in H.R. 1104. One of the more controversial measures 
in the bill is the ``Two Strikes, You're Out'' provision (sec. 
106) which calls for a mandatory life sentence without parole 
for a second violation of certain sex offenses involving a 
minor. While this measure was amended during Committee markup 
to drop the provision mandating life without parole for a 
second consensual sex offense, such as high school students 
touching each other's private parts, the bill retains this 
draconian consequence for other such offenses, including 
offenses which currently call for a maximum sentence of no more 
than 3 years for a second offense \3\.
---------------------------------------------------------------------------
    \3\ The bill includes violations of 18 U.S.C. 2244(a)(2) which 
includes touching of private parts.
---------------------------------------------------------------------------
    Also among the controversial provisions in the bill is one 
that repeals the statute of limitations for sex offenses (sec. 
202), including circumstances where the underlying offense is a 
misdemeanor between consenting adults \4\ and offenses (such as 
sexual touching) now subject to punishment of no more than 3 
years for a second offense \5\. This provision permits the 
prosecution of an individual for relatively minor offenses many 
years after evidence and memories have become stale, and is 
likely to lead to manipulations and injustices. For example, to 
gain advantage in a bitter divorce and custody dispute, one 
spouse could raise and establish that the other spouse, many 
years earlier, committed a Federal felony by traveling across 
state lines to commit a misdemeanor sex offense with him or 
her.
---------------------------------------------------------------------------
    \4\ The bill includes violations of 18 U.S.C. 2421 (crossing state 
lines to commit any illegal sexual activity, or attempting to do so, 
including, for example, traveling from the District of Columbia to 
Virginia to commit misdemeanor offenses such as fornication or 
adultery) and 18 U.S.C. 2422 (includes adults persuading, inducing or 
enticing other adults to cross state lines to commit fornication or 
adultery)
    \5\ This provision also includes violations of 18 U.S.C. 
2244(a)(2).
---------------------------------------------------------------------------
    Yet another controversial provision in the bill seeks to 
eliminate the opportunity for pretrial release on bail of 
persons accused of any one of several enumerated sex offenses 
(sec. 221). Curiously, the Majority amended the bill during 
Committee markup to remove consensual violations involving a 
teenage minor \6\ and sexual contact offenses between adults 
\7\, while adding consensual sex offenses between adults.\8\
---------------------------------------------------------------------------
    \6\ The amendment removed 18 U.S.C. 2243(a) from inclusion under 
this provision.
    \7\ The amendment removed 18 U.S.C. 2244(a)(2) from inclusion under 
this provision.
    \8\ The amendment added violations such as adult consensual 
violations of 18 U.S.C. 2421 and 2422.
---------------------------------------------------------------------------
    Additionally, the bill includes provisions which extend 
Federal wiretap authority (sec. 201). Federal wiretap 
authority, because of its intrusive nature, was originally 
designed to be used only in the most serious cases and only 
then as a last resort for effective law enforcement. Under the 
terms of the bill, however, FBI wiretap authority is extended 
to include investigations of sexual acts between consenting 
adults and sexually explicit computer generated images that do 
not involve real children, despite the fact that the U.S. 
Supreme Court recently ruled that creation and possession of 
such images does not constitute a crime.
    Viewing several of the foregoing provisions together, it 
would be entirely possible that many years after the commission 
of an underlying offense constituting a misdemeanor by 
consenting adults, one of the adults, or both depending upon 
the circumstances, could be subjected to a wiretap, arrested on 
a Federal felony charge, be denied bail on the charge, and if 
convicted, be placed under supervision for life.
    Moreover, the bill establishes two new death penalty 
offenses (sec. 102). The Majority knows that many on this side 
of the aisle cannot, as a matter of principal, support the 
death penalty and mandatory minimum sentences, particularly 
with all of the problems we have seen in these areas in this 
country. As many people now know, our current death penalty 
system is riddled with several flaws--namely, the unacceptably 
high rate of wrongful convictions, inadequate legal 
representation and a system that is applied in a racially 
discriminatory manner.
    Indeed, after 13 people were released from death row in 
Illinois following determinations that they were innocent of 
the crimes for which they had been tried and convicted, 
Governor Ryan of Illinois, realizing that there were 
significant problems with the death penalty in the state, 
declared a moratorium on executions. He took this extraordinary 
step to seek reassurances that the system worked reliably in 
determining an individual's innocence or guilt. Before resuming 
executions, he also wanted to be certain that no other innocent 
individuals would be sentenced to death. After more than a year 
of study and assessment of the capital punishment system in his 
state, he was unable to conclude that there were sufficient 
safeguards during the trial, conviction and sentencing in the 
remaining death row cases in the state to assure that none were 
wrongfully sentenced to death. As a result, he commuted the 
sentences of the remaining death row inmates to life in prison
    Some death penalty proponents have argued that the problems 
discovered in Illinois were highly unusual. In fact, the error 
rate in Illinois is 66%, slightly lower than the national 
average of 68%.
    Problems with the bill's mandatory minimum provisions (sec. 
103 & 104) are equally troubling. Mandatory minimum sentences 
have been studied extensively and have been shown to 1) be 
ineffective in preventing crime, 2) distort the sentencing 
process and 3) be a considerable waste of the taxpayers' money. 
Weighing in on this issue, Chief Justice Rehnquist, who is not 
generally known to be lenient on crime, has stated that, 
``mandatory minimums . . . are frequently the result of floor 
amendments to demonstrate emphatically that legislators want to 
`get tough on crime.' Just as frequently, they do not involve 
any careful consideration of the effect they might have on the 
sentencing guidelines as a whole . . .''. When scholars, 
justices and policy analysts all agree and oppose such 
controversial provisions, the Majority's inclusion of these 
policies clearly indicates that it has gone out of its way to 
load the bill up and make it more difficult for some Members to 
support this legislation.
    We would also note that provisions in the bill concerning 
supervised release terms and sex tourism are not without 
controversy. We would again note that whatever the merits or 
demerits of these matters, they are best handled in separate 
legislation, rather than though the AMBER Alert vehicle. The 
provision concerning supervised release terms (sec. 101) would 
grant judges the discretion to extend the term of post-release 
supervision for sex offenses up to a maximum of life would 
apply so broadly that it would include an offense whose term of 
imprisonment is currently a maximum of 3 years. The provision 
extending the reach of the sex tourism law (sec. 105) goes so 
far as to make it a criminal offense for an individual to 
travel abroad and have sex with a minor even if the defendant 
did not travel with such intent. Provisions such as this bring 
us far beyond the core AMBER Alert issue.
    In addition, the impact of H.R. 1104, as presently 
constituted, will have a grossly unfair impact on Native 
Americans. Since the provisions only apply where there is 
Federal jurisdiction, approximately 75% of those subject to the 
new draconian penalties will be Native Americans residing on 
reservations.
    We also cannot agree that the technical changes made by the 
Majority at markup remedy some sort of egregious drafting 
``errors'' in the Senate bill and somehow justify not 
permitting the House to vote on the Senate passed clean AMBER 
Alert bill. With no advance notice to the Minority, the 
Majority offered two amendments to make these so-called 
``fixes.''
    The first such amendment, offered by the Crime Subcommittee 
Chairman, would strike an existing grant program in the bill, 
which would require the Secretary of Transportation to 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. This provision would have allowed the 
Secretary of Transportation to provide grants to states for any 
purpose consistent with the goals of the program. The 
Majority's amendment replaced that provision with language that 
narrowed the permissible uses of the grant money. This 
amendment could work counter to its own stated rationale: while 
its stated purpose was to insure that existing programs were 
covered by the bill's language, it actually narrowed the scope 
of existing programs that could be covered. In any event, the 
language in the Senate passed bill gives the Secretary of 
Transportation more than adequate authority to insure that any 
existing AMBER programs continue to be funded and utilized.
    In addition, the Majority sought to make much of the fact 
that this amendment permits DOT to pay for up to 80% of an 
AMBER program, rather than 50% under the Senate bill, and that 
this conformed the bill to current DOT procedures. Lost in the 
discussion was the fact that the DOT program was only announced 
on February 6,\9\ and could quite easily be configured to 
conform to Senate passed bill. As a matter of fact, not a 
single grant application has even been received by the 
Department as of today, let alone a grant acted on. So again, 
it is impossible that the 50% matching requirement could 
disturb any existing grant whatsoever. Beyond that, given the 
limited funds available in the current budget environment, it 
is quite obvious that the 50% requirement would permit the 
funds to go much farther and benefit more children and 
families.
---------------------------------------------------------------------------
    \9\ Fed. Reg. Feb. 12, 2003, Vol. 68, No. 29, Pg. 7164-67.
---------------------------------------------------------------------------
    The second such amendment, offered by Chairman 
Sensenbrenner, would require that law enforcement agencies also 
disseminate, to the maximum extent practicable, information 
related to special needs children to law enforcement, public 
health and other public officials. It was asserted that this 
amendment would place health care professionals on the alert 
for missing children with medical problems who may be brought 
to hospitals by their captors for medical attention. This 
amendment may also conceivably be counterproductive--it is 
quite possible a captor will be more likely to deny a child 
access to medical care if he believes that a consequence of 
providing such access is that a doctor will alert law 
enforcement officials as to the child's whereabouts. In any 
event, we believe this change can easily be handled by the 
various departments and agencies that will implement the AMBER 
Alert law and hardly justifies delaying the passage of the 
clean AMBER legislation. Again, neither of these two 
``technical'' amendments rise to the level that they warrant 
delaying passage of the Senate passed AMBER Alert bill.

                               CONCLUSION

    We believe it is unnecessary and counterproductive to weigh 
down the AMBER Alert provision with the highly controversial 
measures described above.
    Similar sentiments, on this point, have been echoed by Ed 
Smart, the father of Elizabeth Smart; various child advocacy 
groups, including the Polly Klaas Foundation; California 
Governor Gray Davis, Virginia Governor Mark Warner and Sen. Kay 
Bailey Hutchison (R-TX) who have all called upon the House to 
enact an AMBER Alert bill unencumbered by proposals which will 
prevent it from being quickly signed into law.
    During a recent press conference on this issue, Sen. 
Hutchison pleaded with the Majority to ``consider letting [her] 
bill go.'' \10\ In a joint letter, Governors Davis and Warner 
urge House leaders to quickly enact an AMBER Alert bill 
``unfettered by additional proposals''.\11\ In weighing in on 
the issue, the Klaas Foundation emphatically declared that, 
``the Senate quickly passed a stand-alone AMBER Alert bill 
months ago, and the House should do the same now.'' \12\ And in 
a statement released by Mr. Smart, he confirms that H.R. 1104 
``is encumbered by its size and complexity'' which explains why 
``. . . passing AMBER Alert as stand alone legislation is 
critical.'' \13\
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    \10\ Press Conference with Senators Hutchison and Feinstein in 
Washington, DC. (March 13, 2003). Transcript provided by CNN.
    \11\ Letter from Governors Gray Davis (CA) and Mark Warner (VA) to 
James Sensenbrenner, Chairman of the House Judiciary Committee (March 
18, 2003).
    \12\ Press Release, The Polly Klaas Foundation, The PKF Urges 
Congress to Immediately Pass H.R. 412 as a Freestanding Bill (Date Not 
Specified).
    \13\ Press Release, Ed Smart, Regarding the National AMBER Alert 
Network Act (March 13, 2003).
---------------------------------------------------------------------------
    Unfortunately, in demonstrating its unwillingness to 
compromise, the Majority refused a request in a March 17, 2003, 
letter to Chairman Sensenbrenner signed by all the Democratic 
members of the Committee to add S. 121, the Senate-passed 
``National AMBER Alert Network Act of 2003,'' as an agenda item 
to the Judiciary Committee's markup scheduled for Tuesday, 
March 18, 2003, so that provision could move forward. We would 
urge the Majority to reconsider this decision and allow the 
Members to vote on a clean AMBER Alert bill.

                                   John Conyers, Jr.
                                   Robert C. Scott.
                                   Melvin L. Watt.
                             Minority Views

    We write these Minority views to express our disappointment 
that the Committee did not also markup a ``clean'' AMBER Alert 
bill. That intent was communicated to the Chairman in a March 
17, 2003 letter requesting that S.121, the ``National AMBER 
Alert Network Act of 2003,'' which unanimously passed the 
Senate earlier this year and had already been referred to the 
Committee for consideration, be added to the scheduled markup 
of H.R. 1104. The letter, a copy of which is attached hereto, 
was signed by all of the Democratic members of this Committee. 
This letter reflects a consensus that we could and should 
swiftly pass the AMBER Alert provisions of this bill, clearing 
it for the President's signature, with the utmost dispatch. The 
remainder of H.R. 1104 could then be considered on its merits 
and proceed on a separate track without jeopardizing the AMBER 
Alert provisions of the bill.
    The pressing need for a freestanding AMBER bill has been 
supported by Ed Smart \1\ (the father of Elizabeth Smart); 
various child advocacy groups, including the Polly Klaas 
Foundation; \2\ California Governor Gray Davis; \3\ Virginia 
Governor Mark Warner \4\ and Sen. Kay Bailey Hutchison (R-
TX),\5\ who have all called upon the House to enact a clean 
AMBER Alert bill. Indeed, during a recent press conference on 
this issue, Sen. Hutchison pleaded with the Majority to 
``consider letting [her] bill go.'' \6\ In a joint letter, 
Governors Davis and Warner urged House leaders to quickly enact 
an AMBER Alert bill ``unfettered by additional proposals.'' \7\ 
Weighing in on the issue, the Klaas Foundation reminded us that 
``the Senate quickly passed a stand-alone AMBER Alert bill 
months ago'' and went on to add that, ``the House should do the 
same now.'' \8\ And, finally, in a statement released by Mr. 
Smart, he simply declared that ``passing AMBER Alert as stand 
alone legislation is critical.'' \9\
---------------------------------------------------------------------------
    \1\ Press Release, Ed Smart, Regarding the National AMBER Alert 
Network Act (March 13, 2003).
    \2\ Press Release, The Polly Klaas Foundation, The PKF Urges 
Congress to Immediately Pass H.R. 412 as a Freestanding Bill (Date Not 
Specified).
    \3\ Letter from Governors Gray Davis (CA) and Mark Warner (VA) to 
James Sensenbrenner, Chairman of the House Judiciary Committee (March 
18, 2003).
    \4\ See Letter from Governors Davis and Warner, supra note 3.
    \5\ Press Conference with Senators Hutchison and Feinstein in 
Washington, DC. (March 13, 2003). Transcript provided by CNN.
    \6\ Id.
    \7\ See Letter from Governors Davis and Warner, supra note 3.
    \8\ See the Polly Klaas Foundation press release, supra note 2.
    \9\ See Ed Smart press release, supra note 1.
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    Despite this plea from child advocacy groups, Republican 
legislators, and state officials, some in the Majority continue 
to dismiss the value of the AMBER legislation by asserting that 
much of it has already been implemented by Executive Order.\10\ 
In fact, the freestanding AMBER bill introduced in the House 
and already passed by the Senate considerably improve upon the 
President's initiative in two meaningful ways. First, it 
codifies his previous proposals, thereby making them permanent. 
Second, it more than doubles the available funding to states, 
thereby enabling them to establish or improve upon their 
already existing education and communication systems. The 
President himself, as he announced his own initiative, 
indicated that House passage of the freestanding bill was 
critical.\11\
---------------------------------------------------------------------------
    \10\ House of Representatives Committee on the Judiciary Markup 
Transcript of H.R. 1104, the ``Child Abduction Prevention Act of 
2003.'' (March 18, 2003) (Comments of Chairman Jim Sensenbrenner, p. 
46)
    \11\ White House Press Conference on Missing, Exploited and Runaway 
Children (October 2, 2002).
---------------------------------------------------------------------------
    We therefore reiterate our hope that when H.R. 1104 comes 
to the floor, Members are also given the opportunity to vote 
for a clean AMBER bill so that such legislation can be 
forwarded directly to the President for his signature. The 
National Center for Missing and Exploited Children has 
indicated that if a child is not found within 24 hours, the 
chances of finding that child are very, very remote. We 
therefore believe it is imperative that AMBER Alert legislation 
be enacted immediately.

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


                                   John Conyers, Jr.
                                   Howard L. Berman.
                                   Jerrold Nadler.
                                   Robert C. Scott.
                                   Melvin L. Watt.
                                   Zoe Lofgren.
                                   Sheila Jackson Lee.
                                   Maxine Waters.
                                   Martin T. Meehan.
                                   William D. Delahunt.
                                   Tammy Baldwin.
                                   Anthony D. Weiner.
                                   Adam B. Schiff.
                                   Linda T. Sanchez.