PROSECUTORIAL REMEDIES AND OTHER

TOOLS TO END THE EXPLOITATION OF

CHILDREN TODAY ACT OF 2003

117 STAT. 650 PUBLIC LAW 108–21—APR. 30, 2003

Public Law 108–21

108th Congress

An Act

To prevent child abduction and the sexual exploitation of children, and for other

purposes.

Remedies and Other Tools to end the Exploitation of Children

Today Act of 2003’’ or ‘‘PROTECT Act’’.

is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Severability.

TITLE I—SANCTIONS AND OFFENSES

Sec. 101. Supervised release term for sex offenders.

Sec. 102. First degree murder for child abuse and child torture murders.

Sec. 103. Sexual abuse penalties.

Sec. 104. Stronger penalties against kidnapping.

Sec. 105. Penalties against sex tourism.

Sec. 106. Two strikes you’re out.

Sec. 107. Attempt liability for international parental kidnapping.

Sec. 108. Pilot program for national criminal history background checks and feasibility

study.

TITLE II—INVESTIGATIONS AND PROSECUTIONS

Sec. 201. Interceptions of communications in investigations of sex offenses.

Sec. 202. No statute of limitations for child abduction and sex crimes.

Sec. 203. No pretrial release for those who rape or kidnap children.

Sec. 204. Suzanne’s law.

TITLE III—PUBLIC OUTREACH

Subtitle A—AMBER Alert

Sec. 301. National coordination of AMBER alert communications network.

Sec. 302. Minimum standards for issuance and dissemination of alerts through

AMBER alert communications network.

Sec. 303. Grant program for notification and communications systems along highways

for recovery of abducted children.

Sec. 304. Grant program for support of AMBER alert communications plans.

Sec. 305. Limitation on liability.

Subtitle B—National Center for Missing and Exploited Children

Sec. 321. Increased support.

Sec. 322. Forensic and investigative support of missing and exploited children.

Sec. 323. Creation of cyber tipline.

Subtitle C—Sex Offender Apprehension Program

Sec. 341. Authorization.

Subtitle D—Missing Children Procedures in Public Buildings

Sec. 361. Short title.

Prosecutorial

Remedies and

Other Tools to

end the

Exploitation of

Children Today

Act of 2003.

18 USC 1 note.

Apr. 30, 2003

[S. 151]

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PUBLIC LAW 108–21—APR. 30, 2003 117 STAT. 651

Sec. 362. Definitions.

Sec. 363. Procedures in public buildings regarding a missing or lost child.

Subtitle E—Child Advocacy Center Grants

Sec. 381. Information and documentation required by Attorney General under Victims

of Child Abuse Act of 1990.

TITLE IV—SENTENCING REFORM

Sec. 401. Sentencing reform.

TITLE V—OBSCENITY AND PORNOGRAPHY

Subtitle A—Child Obscenity and Pornography Prevention

Sec. 501. Findings.

Sec. 502. Improvements to prohibition on virtual child pornography.

Sec. 503. Certain activities relating to material constituting or containing child pornography.

Sec. 504. Obscene child pornography.

Sec. 505. Admissibility of evidence.

Sec. 506. Extraterritorial production of child pornography for distribution in the

United States.

Sec. 507. Strengthening enhanced penalties for repeat offenders.

Sec. 508. Service provider reporting of child pornography and related information.

Sec. 509. Investigative authority relating to child pornography.

Sec. 510. Civil remedies.

Sec. 511. Recordkeeping requirements.

Sec. 512. Sentencing enhancements for interstate travel to engage in sexual act

with a juvenile.

Sec. 513. Miscellaneous provisions.

Subtitle B—Truth in Domain Names

Sec. 521. Misleading domain names on the Internet.

TITLE VI—MISCELLANEOUS PROVISIONS

Sec. 601. Penalties for use of minors in crimes of violence.

Sec. 602. Sense of Congress.

Sec. 603. Communications Decency Act of 1996.

Sec. 604. Internet availability of information concerning registered sex offenders.

Sec. 605. Registration of child pornographers in the national sex offender registry.

Sec. 606. Grants to States for costs of compliance with new sex offender registry

requirements.

Sec. 607. Safe ID Act.

Sec. 608. Illicit Drug Anti-Proliferation Act.

Sec. 609. Definition of vehicle.

Sec. 610. Authorization of John Doe DNA indictments.

Sec. 611. Transitional housing assistance grants for child victims of domestic violence,

stalking, or sexual assault.

If any provision of this Act, or the application of such provision

to any person or circumstance, is held invalid, the remainder of

this Act, and the application of such provision to other persons

not similarly situated or to other circumstances, shall not be affected

by such invalidation.

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:

18 USC 1 note.

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117 STAT. 652 PUBLIC LAW 108–21—APR. 30, 2003

‘‘(k) Notwithstanding subsection (b), the authorized term of

supervised release for any offense under section 1201 involving

a minor victim, and for any offense under section 1591, 2241,

2242, 2244(a)(1), 2244(a)(2), 2251, 2251A, 2252, 2252A, 2260, 2421,

2422, 2423, or 2425, is any term of years or life.’’.

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

(1) in subsection (a)—

(A) by inserting ‘‘child abuse,’’ after ‘‘sexual abuse,’’;

and

(B) by inserting ‘‘or perpetrated as part of a pattern

or practice of assault or torture against a child or children;’’

after ‘‘robbery;’’; and

(2) by inserting at the end the following:

‘‘(c) For purposes of this section—

‘‘(1) the term ‘assault’ has the same meaning as given

that term in section 113;

‘‘(2) the term ‘child’ means a person who has not attained

the age of 18 years and is—

‘‘(A) under the perpetrator’s care or control; or

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

‘‘(3) the term ‘child abuse’ means intentionally or knowingly

causing death or serious bodily injury to a child;

‘‘(4) the term ‘pattern or practice of assault or torture’

means assault or torture engaged in on at least two occasions;

‘‘(5) the term ‘serious bodily injury’ has the meaning set

forth in section 1365; and

‘‘(6) the term ‘torture’ means conduct, whether or not committed

under the color of law, that otherwise satisfies the

definition set forth in section 2340(1).’’.

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’’.

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PUBLIC LAW 108–21—APR. 30, 2003 117 STAT. 653

(3) Section 1591(b)(2) of title 18, United States Code, is

amended by striking ‘‘20’’ and inserting ‘‘40’’.

18, United States Code, is amended—

(A) in section 2251(d)—

(i) by striking ‘‘or imprisoned not less than 10’’ and

inserting ‘‘and imprisoned not less than 15’’;

(ii) by striking ‘‘and both,’’;

(iii) by striking ‘‘15’’ and inserting ‘‘25’’; and

(iv) by striking ‘‘30’’ the second place it appears and

inserting ‘‘35’’;

(B) in section 2251A (a) and (b), by striking ‘‘20’’ and

inserting ‘‘30’’;

(C) in section 2252(b)(1)—

(i) by striking ‘‘or imprisoned’’ and inserting ‘‘and

imprisoned not less than 5 years and’’;

(ii) by striking ‘‘or both,’’; and

(iii) by striking ‘‘5’’ and inserting ‘‘15’’;

(D) in section 2252(b)(2), by striking ‘‘2’’ and inserting

‘‘10’’;

(E) in section 2252A(b)(1)—

(i) by striking ‘‘or imprisoned’’ and inserting ‘‘and

imprisoned not less than 5 years and’’;

(ii) by striking ‘‘or both,’’; and

(iii) by striking ‘‘5’’ and inserting ‘‘15’’; and

(F) in section 2252A(b)(2), by striking ‘‘2’’ and inserting

‘‘10’’.

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

(A) in section 2422(b)—

(i) by striking ‘‘, imprisoned’’ and inserting ‘‘and imprisoned

not less than 5 years and’’; and

(ii) by striking ‘‘, or both’’; and

(B) in section 2423(a)—

(i) by striking ‘‘, imprisoned’’ and inserting ‘‘and imprisoned

not less than 5 years and’’; and

(ii) by striking ‘‘, or both’’.

provision of law regarding the amendment of Sentencing Guidelines,

the United States Sentencing Commission is directed to amend

the Sentencing Guidelines, to take effect on the date that is 30

days after the date of the enactment of this Act—

(1) so that the base offense level for kidnapping in section

2A4.1(a) is increased from level 24 to level 32;

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

(3) so that the increase provided by section 2A4.1(b)(5)

is 6 levels instead of 3.

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.’’.

is amended by striking subsection (b) and inserting the following:

Effective date.

28 USC 994 note.

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117 STAT. 654 PUBLIC LAW 108–21—APR. 30, 2003

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.

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.

commercial advantage or private financial gain, arranges, induces,

procures, or facilitates the travel of a person knowing that such

a person is traveling in interstate commerce or foreign commerce

for the purpose of engaging in illicit sexual conduct shall be fined

under this title, imprisoned not more than 30 years, or both.

to violate subsection (a), (b), (c), or (d) shall be punishable in

the same manner as a completed violation of that subsection.

conduct’ means (1) a sexual act (as defined in section 2246) with

a person under 18 years of age that would be in violation of

chapter 109A if the sexual act occurred in the special maritime

and territorial jurisdiction of the United States; or (2) any commercial

sex act (as defined in section 1591) with a person under 18

years of age.

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.’’.

United States Code, is amended by striking ‘‘or attempts to do

so,’’.

is amended by adding at the end the following new subsection:

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.

‘‘(A) the term ‘Federal sex offense’ means an offense

under section 2241 (relating to aggravated sexual abuse),

2242 (relating to sexual abuse), 2244(a)(1) (relating to 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),

2422(b) (relating to coercion and enticement of a

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PUBLIC LAW 108–21—APR. 30, 2003 117 STAT. 655

minor into prostitution), or 2423(a) (relating to transportation

of minors);

‘‘(B) the term ‘State sex offense’ means an offense

under State law that is punishable by more than one

year in prison and consists of conduct that would be a

Federal sex offense if, to the extent or in the manner

specified in the applicable provision of this title—

‘‘(i) the offense involved interstate or foreign 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).

section 2422(b) or 2423(a) shall not serve as a basis for sentencing

under this subsection if the defendant establishes by

clear and convincing evidence that—

‘‘(A) the sexual act or activity was consensual and

not for the purpose of commercial or pecuniary gain;

‘‘(B) the sexual act or activity would not be punishable

by more than one year in prison under the law of the

State in which it occurred; or

‘‘(C) no sexual act or activity occurred.’’.

of title 18, United States Code, are each amended by inserting

‘‘, unless section 3559(e) applies’’ before the final period.

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.

of the enactment of this Act, the Attorney General shall establish

a pilot program for volunteer groups to obtain national

Deadlines.

42 USC 5119a

note.

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117 STAT. 656 PUBLIC LAW 108–21—APR. 30, 2003

and State criminal history background checks through a 10-

fingerprint check to be conducted utilizing State criminal

records and the Integrated Automated Fingerprint Identification

System of the Federal Bureau of Investigation.

3 States as participants in an 18-month State pilot program.

organization in one of the 3 States participating in the

State pilot program under this paragraph that is part

of the Boys and Girls Clubs of America, the National Mentoring

Partnerships, or the National Council of Youth

Sports may submit a request for a 10-fingerprint check

from the participating State. A volunteer organization in

a participating State may not submit background check

requests under paragraph (3).

paragraph after receiving a request under subparagraph

(B) shall conduct a State background check and submit

a request that a Federal check be performed through the

Integrated Automated Fingerprint Identification System of

the Federal Bureau of Investigation, to the Attorney General,

in a manner to be determined by the Attorney

General.

by the Attorney General, any criminal history record

information resulting from the State and Federal check

under subparagraph (C) shall be provided to the State

or National Center for Missing and Exploited Children

consistent with the National Child Protection Act.

criminal background check under this paragraph which

may not exceed the actual costs to the State to perform

such a check.

under this paragraph, the State shall provide the State

criminal record information to the Attorney General within

7 days after receiving the request from the organization,

unless the Attorney General determines during the feasibility

study that such a check cannot reasonably be performed

within that time period. The Attorney General shall

provide the criminal history records information to the

National Center for Missing and Exploited Children within

7 business days after receiving the request from the State.

an 18-month Child Safety Pilot Program that shall provide

for the processing of 100,000 10-fingerprint check requests

from organizations described in subparagraph (B) conducted

through the Integrated Automated Fingerprint

Identification System of the Federal Bureau of Investigation.

described in this subparagraph is an organization in a

State not designated under paragraph (2) that has received

a request allotment pursuant to subparagraph (C).

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PUBLIC LAW 108–21—APR. 30, 2003 117 STAT. 657

may allot requests as follows:

(i) 33,334 for the Boys and Girls Clubs of America.

(ii) 33,333 for the National Mentoring Partnership.

(iii) 33,333 for the National Council of Youth

Sports.

the organizations described in subparagraph (C) of a

process by which the organizations may provide fingerprint

cards to the Attorney General.

authorized to request a background check under this

paragraph shall—

(i) forward to the Attorney General the volunteer’s

fingerprints; and

(ii) obtain a statement completed and signed by

the volunteer that—

(I) sets out the provider or volunteer’s name,

address, date of birth appearing on a valid identification

document as defined in section 1028 of

title 18, United States Code, and a photocopy of

the valid identifying document;

(II) states whether the volunteer has a

criminal record, and, if so, sets out the particulars

of such record;

(III) notifies the volunteer that the Attorney

General may perform a criminal history background

check and that the volunteer’s signature

to the statement constitutes an acknowledgment

that such a check may be conducted;

(IV) notifies the volunteer that prior to and

after the completion of the background check, the

organization may choose to deny the provider

access to children; and

(V) notifies the volunteer of his right to correct

an erroneous record held by the Attorney General.

under this paragraph, the Attorney General shall provide

the criminal history records information to the National

Center for Missing and Exploited Children within 14 business

days after receiving the request from the organization.

protections delineated in the National Child Protection

Act (42 U.S.C. 5119), the National Center for Missing

and Exploited Children may make a determination

whether the criminal history record information

received in response to the criminal history background

checks conducted under this paragraph indicates that

the provider or volunteer has a criminal history record

that renders the provider or volunteer unfit to provide

care to children based upon criteria established jointly

by, the National Center for Missing and Exploited

Children, the Boys and Girls Clubs of America, the

National Mentoring Partnership, and the National

Council of Youth Sports.

Notification.

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117 STAT. 658 PUBLIC LAW 108–21—APR. 30, 2003

Center for Missing and Exploited Children shall convey

that determination to the organizations making

requests under this paragraph.

General may collect a fee which may not exceed $18 to cover

the cost to the Federal Bureau of Investigation to conduct

the background check under paragraph (2) or (3).

of a criminal history background check under this section is entitled

to contact the Attorney General to initiate procedures to—

(1) obtain a copy of their criminal history record report;

and

(2) challenge the accuracy and completeness of the criminal

history record information in the report.

such sums as may be necessary to the National Center for

Missing and Exploited Children for fiscal years 2004 and 2005

to carry out the requirements of this section.

such sums as may be necessary to the Attorney General

for the States designated in subsection (a)(1) for fiscal years

2004 and 2005 to establish and enhance fingerprint technology

infrastructure of the participating State.

a feasibility study within 180 days after the date of the enactment

of this Act. The study shall examine, to the extent discernible,

the following:

(A) The current state of fingerprint capture and processing

at the State and local level, including the current

available infrastructure, State system capacities, and the

time for each State to process a civil or volunteer print

from the time of capture to submission to the Federal

Bureau of Investigation (FBI).

(B) The intent of the States concerning participation

in a nationwide system of criminal background checks to

provide information to qualified entities.

(C) The number of volunteers, employees, and other

individuals that would require a fingerprint-based criminal

background check.

(D) The impact on the Integrated Automated Fingerprint

Identification System (IAFIS) of the Federal Bureau

of Investigation in terms of capacity and impact on other

users of the system, including the effect on Federal Bureau

of Investigation work practices and staffing levels.

(E) The current fees charged by the Federal Bureau

of Investigation, States and local agencies, and private

companies to process fingerprints and conduct background

checks.

(F) The existence of ‘‘model’’ or best practice programs

which could easily be expanded and duplicated in other

States.

(G) The extent to which private companies are currently

performing background checks and the possibility

Deadline.

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PUBLIC LAW 108–21—APR. 30, 2003 117 STAT. 659

of using private companies in the future to perform any

of the background check process, including, but not limited

to, the capture and transmission of fingerprints and fitness

determinations.

(H) The cost of development and operation of the technology

and the infrastructure necessary to establish a

nationwide fingerprint-based and other criminal background

check system.

(I) The extent of State participation in the procedures

for background checks authorized in the National Child

Protection Act (Public Law 103–209), as amended by the

Volunteers for Children Act (sections 221 and 222 of Public

Law 105–251).

(J) The extent to which States currently provide access

to nationwide criminal history background checks to

organizations that serve children.

(K) The extent to which States currently permit volunteers

to appeal adverse fitness determinations, and whether

similar procedures are required at the Federal level.

(L) The implementation of the 2 pilot programs created

in subsection (a).

(M) Any privacy concerns that may arise from nationwide

criminal background checks.

(N) Any other information deemed relevant by the

Department of Justice.

study under paragraph (1), the Attorney General shall,

not later than 180 days after the date of the enactment of

this Act, submit to Congress an interim report, which may

include recommendations for a pilot project to develop or

improve programs to collect fingerprints and perform background

checks on individuals that seek to volunteer with

organizations that work with children, the elderly, or the disabled.

project, the Attorney General shall, not later than 60 days

after completion of the pilot project under this section, submit

to Congress a final report, including recommendations, which

may include a proposal for grants to the States to develop

or improve programs to collect fingerprints and perform background

checks on individuals that seek to volunteer with

organizations that work with children, the elderly, or the disabled,

and which may include recommendations for amendments

to the National Child Protection Act and the Volunteers

for Children Act so that qualified entities can promptly and

affordably conduct nationwide criminal history background

checks on their employees and volunteers.

Section 2516(1) of title 18, United States Code, is amended—

Deadline.

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117 STAT. 660 PUBLIC LAW 108–21—APR. 30, 2003

(1) in paragraph (a), by inserting after ‘‘chapter 37 (relating

to espionage),’’ the following: ‘‘chapter 55 (relating to kidnapping),’’;

and

(2) in paragraph (c)—

(A) by inserting ‘‘section 1591 (sex trafficking of children

by force, fraud, or coercion),’’ after ‘‘section 1511

(obstruction of State or local law enforcement),’’; and

(B) by inserting ‘‘section 2251A (selling or buying of

children), section 2252A (relating to material constituting

or containing child pornography), section 1466A (relating

to child obscenity), section 2260 (production of sexually

explicit depictions of a minor for importation into the

United States), sections 2421, 2422, 2423, and 2425

(relating to transportation for illegal sexual activity and

related crimes),’’ after ‘‘sections 2251 and 2252 (sexual

exploitation of children),’’.

Section 3283 of title 18, United States Code, is amended to

read as follows:

‘‘No statute of limitations that would otherwise preclude

prosecution for an offense involving the sexual or physical abuse,

or kidnaping, of a child under the age of 18 years shall preclude

such prosecution during the life of the child.’’.

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

(1) by striking ‘‘1901 et seq.), or’’ and inserting ‘‘1901 et

seq.),’’; and

(2) by striking ‘‘of title 18 of the United States Code’’

and inserting ‘‘of this title, or an offense involving a minor

victim under section 1201, 1591, 2241, 2242, 2244(a)(1), 2245,

2251, 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1),

2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423,

or 2425 of this title’’.

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’’.

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.

42 USC 5791.

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PUBLIC LAW 108–21—APR. 30, 2003 117 STAT. 661

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.

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.

Secretary of Transportation and the Federal Communications

Commission in carrying out activities under this section.

shall submit to Congress a report on the activities of the Coordinator

and the effectiveness and status of the AMBER plans of each

State that has implemented such a plan. The Coordinator shall

prepare the report in consultation with the Secretary of Transportation.

(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.

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.

42 USC 5791a.

Deadline.

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117 STAT. 662 PUBLIC LAW 108–21—APR. 30, 2003

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.

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.

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.

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.

State under this subsection for the implementation of a program

for the use of changeable message signs or other motorist

information systems to notify motorists about abductions of

42 USC 5791b.

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PUBLIC LAW 108–21—APR. 30, 2003 117 STAT. 663

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).

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.

activities funded by a grant under this section may not exceed

80 percent.

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.

including application requirements, for the receipt of grants

under this section.

of the 50 States, the District of Columbia, or Puerto Rico.

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.

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.

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.

a program to provide grants to States for the development or

enhancement of programs and activities for the support of AMBER

Alert communications plans.

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;

(3) the development and implementation of new technologies

to improve AMBER Alert communications; and

(4) such other activities as the Attorney General considers

appropriate for supporting the AMBER Alert communications

program.

42 USC 5791c.

Deadline.

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117 STAT. 664 PUBLIC LAW 108–21—APR. 30, 2003

activities funded by a grant under the program under subsection

(a) may not exceed 50 percent.

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.

requirements, including application requirements, for grants under

the program under subsection (a).

to be appropriated for the Department of Justice $5,000,000 for

fiscal year 2004 to carry out this section and, in addition, $5,000,000

for fiscal year 2004 to carry out subsection (b)(3).

(2) Amounts appropriated pursuant to the authorization of

appropriations in paragraph (1) shall remain available until

expended.

(a) Except as provided in subsection (b), the National Center

for Missing and Exploited Children, including any of its officers,

employees, or agents, shall not be liable for damages in any civil

action for defamation, libel, slander, or harm to reputation arising

out of any action or communication by the National Center for

Missing and Exploited Children, its officers, employees, or agents,

in connection with any clearinghouse, hotline or complaint intake

or forwarding program or in connection with activity that is wholly

or partially funded by the United States and undertaken in cooperation

with, or at the direction of a Federal law enforcement agency.

(b) The limitation in subsection (a) does not apply in any

action in which the plaintiff proves that the National Center for

Missing and Exploited Children, its officers, employees, or agents

acted with actual malice, or provided information or took action

for a purpose unrelated to an activity mandated by Federal law.

For purposes of this subsection, the prevention, or detection of

crime, and the safety, recovery, or protection of missing or exploited

children shall be deemed, per se, to be an activity mandated by

Federal law.

Assistance Act (42 U.S.C. 5777(a)) is amended by striking ‘‘fiscal

years 2000 through 2003’’ and inserting ‘‘fiscal years 2004 through

2005.’’.

Assistance Act (42 U.S.C. 5773(b)(2)) is amended by striking

‘‘$10,000,000 for each of fiscal years 2000, 2001, 2002, and 2003’’

and inserting ‘‘$20,000,000 for each of the fiscal years 2004 through

2005’’.

42 USC 5791d.

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PUBLIC LAW 108–21—APR. 30, 2003 117 STAT. 665

Section 3056 of title 18, United States Code, is amended by

adding at the end the following:

‘‘(f) Under the direction of the Secretary of Homeland Security,

officers and agents of the Secret Service are authorized, at the

request of any State or local law enforcement agency, or at the

request of the National Center for Missing and Exploited Children,

to provide forensic and investigative assistance in support of any

investigation involving missing or exploited children.’’.

Section 404(b)(1) of the Missing Children’s Assistance Act (42

U.S.C. 5773(b)(1)) is amended—

(1) in subparagraph (F), by striking ‘‘and’’ at the end;

(2) in subparagraph (G), by striking the period at the

end and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(H) coordinate the operation of a cyber tipline to provide

online users an effective means of reporting Internetrelated

child sexual exploitation in the areas of—

‘‘(i) distribution of child pornography;

‘‘(ii) online enticement of children for sexual acts;

and

‘‘(iii) child prostitution.’’.

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;’’.

This subtitle may be cited as the ‘‘Code Adam Act of 2003’’.

In this subtitle, the following definitions apply:

is 17 years of age or younger.

a set of procedures used in public buildings to alert employees

and other users of the building that a child is missing.

42 USC 5792.

42 USC 5601

note.

Code Adam Act

of 2003.

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117 STAT. 666 PUBLIC LAW 108–21—APR. 30, 2003

authority’’ means—

(A) with respect to a public building owned or leased

for use by an Executive agency—

(i) except as otherwise provided in this paragraph,

the Administrator of General Services;

(ii) in the case of the John F. Kennedy Center

for the Performing Arts, the Board of Trustees of the

John F. Kennedy Center for the Performing Arts;

(iii) in the case of buildings under the jurisdiction,

custody, and control of the Smithsonian Institution,

the Board of Regents of the Smithsonian Institution;

or

(iv) in the case of another public building for which

an Executive agency has, by specific or general statutory

authority, jurisdiction, custody, and control over

the building, the head of that agency;

(B) with respect to the Supreme Court Building, the

Marshal of the Supreme Court; with respect to the

Thurgood Marshall Federal Judiciary Building, the Director

of the Administrative Office of United States Courts; and

with respect to all other public buildings owned or leased

for use by an establishment in the judicial branch of government,

the General Services Administration in consultation

with the United States Marshals Service; and

(C) with respect to a public building owned or leased

for use by an establishment in the legislative branch of

government, the Capitol Police Board.

the same meaning such term has under section 105 of title

5, United States Code.

any Executive agency or any establishment in the legislative

or judicial branches of the Government.

any building (or portion thereof) owned or leased for use by

a Federal agency.

enactment of this Act, the designated authority for a public building

shall establish procedures for locating a child that is missing in

the building.

under this section shall provide, at a minimum, for the

following:

(1) Notifying security personnel that a child is missing.

(2) Obtaining a detailed description of the child, including

name, age, eye and hair color, height, weight, clothing, and

shoes.

(3) Issuing a Code Adam alert and providing a description

of the child, using a fast and effective means of communication.

(4) Establishing a central point of contact.

(5) Monitoring all points of egress from the building while

a Code Adam alert is in effect.

(6) Conducting a thorough search of the building.

Deadline.

42 USC 5792a.

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PUBLIC LAW 108–21—APR. 30, 2003 117 STAT. 667

(7) Contacting local law enforcement.

(8) Documenting the incident.

of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13001b)

is amended—

(1) in subsection (c)(4)—

(A) by striking ‘‘and’’ at the end of subparagraph (B)(ii);

(B) in subparagraph (B)(iii), by striking ‘‘Board’’ and

inserting ‘‘board’’; and

(C) by redesignating subparagraphs (C) and (D) as

clauses (iv) and (v), respectively, of subparagraph (B), and

by realigning such clauses so as to have the same indentation

as the preceding clauses of subparagraph (B); and

(2) in subsection (e), by striking ‘‘Board’’ in each of paragraphs

(1)(B)(ii), (2)(A), and (3), and inserting ‘‘board’’.

214B of such Act (42 U.S.C. 13004) is amended to read as follows:

to carry out sections 213 and 214, $15,000,000 for each

of fiscal years 2004 and 2005.

to carry out section 214A, $5,000,000 for each of fiscal years 2004

and 2005.’’.

States Code is amended—

(1) by striking ‘‘The court’’ and inserting the following:

the court’’; and

(2) by adding at the end the following:

of an offense under section 1201 involving a minor victim,

an offense under section 1591, or an offense under chapter

71, 109A, 110, or 117, the court shall impose a sentence

of the kind, and within the range, referred to in subsection

(a)(4) unless—

‘‘(i) the court finds that there exists an aggravating

circumstance of a kind, or to a degree, not adequately

taken into consideration by the Sentencing Commission

in formulating the guidelines that should result in

a sentence greater than that described;

‘‘(ii) the court finds that there exists a mitigating

circumstance of a kind or to a degree, that—

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117 STAT. 668 PUBLIC LAW 108–21—APR. 30, 2003

‘‘(I) has been affirmatively and specifically

identified as a permissible ground of downward

departure in the sentencing guidelines or policy

statements issued under section 994(a) of title 28,

taking account of any amendments to such sentencing

guidelines or policy statements by Congress;

‘‘(II) has not been taken into consideration

by the Sentencing Commission in formulating the

guidelines; and

‘‘(III) should result in a sentence different from

that described; or

‘‘(iii) the court finds, on motion of the Government,

that the defendant has provided substantial assistance

in the investigation or prosecution of another person

who has committed an offense and that this assistance

established a mitigating circumstance of a kind, or

to a degree, not adequately taken into consideration

by the Sentencing Commission in formulating the

guidelines that should result in a sentence lower than

that described.

In determining whether a circumstance was adequately taken into

consideration, the court shall consider only the sentencing guidelines,

policy statements, and official commentary of the Sentencing

Commission, together with any amendments thereto by act of Congress.

In the absence of an applicable sentencing guideline, the

court shall impose an appropriate sentence, having due regard

for the purposes set forth in subsection (a)(2). In the absence of

an applicable sentencing guideline in the case of an offense other

than a petty offense, the court shall also have due regard for

the relationship of the sentence imposed to sentences prescribed

by guidelines applicable to similar offenses and offenders, and to

the applicable policy statements of the Sentencing Commission,

together with any amendments to such guidelines or policy statements

by act of Congress.’’.

Federal Sentencing Guidelines are amended—

(1) in section 5K2.0—

(A) by striking ‘‘Under’’ and inserting the following:

(B) by adding at the end the following:

‘‘Under 18 U.S.C. § 3553(b)(2), the sentencing court may impose

a sentence below the range established by the applicable guidelines

only if the court finds that there exists a mitigating circumstance

of a kind, or to a degree, that—

‘‘(1) has been affirmatively and specifically identified as a

permissible ground of downward departure in the sentencing

guidelines or policy statements issued under section 994(a)

of title 28, United States Code, taking account of any amendments

to such sentencing guidelines or policy statements by

act of Congress;

‘‘(2) has not adequately been taken into consideration by the

Sentencing Commission in formulating the guidelines; and

‘‘(3) should result in a sentence different from that described.

28 USC 994 note.

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PUBLIC LAW 108–21—APR. 30, 2003 117 STAT. 669

The grounds enumerated in this Part K of chapter 5 are the sole

grounds that have been affirmatively and specifically identified

as a permissible ground of downward departure in these sentencing

guidelines and policy statements. Thus, notwithstanding any other

reference to authority to depart downward elsewhere in this Sentencing

Manual, a ground of downward departure has not been

affirmatively and specifically identified as a permissible ground

of downward departure within the meaning of section 3553(b)(2)

unless it is expressly enumerated in this Part K as a ground

upon which a downward departure may be granted.’’.

(2) At the end of part K of chapter 5, add the following:

‘‘In sentencing a defendant convicted of an offense under section

1201 involving a minor victim, an offense under section 1591, or

an offense under chapter 71, 109A, 110, or 117 of title 18, United

States Code, age may be a reason to impose a sentence below

the applicable guideline range only if and to the extent permitted

by § 5H1.1.

‘‘An extraordinary physical impairment may be a reason to impose

a sentence below the applicable guideline range only if and to

the extent permitted by § 5H1.4. Drug, alcohol, or gambling dependence

or abuse is not a reason for imposing a sentence below the

guidelines.

(3) Section 5K2.20 is amended by striking ‘‘A’’ and inserting

‘‘Except where a defendant is convicted of an offense under

section 1201 involving a minor victim, an offense under section

1591, or an offense under chapter 71, 109A, 110, or 117 of

title 18, United States Code, a’’.

(4) Section 5H1.6 is amended by inserting after the first

sentence the following: ‘‘In sentencing a defendant convicted

of an offense under section 1201 involving a minor victim,

an offense under section 1591, or an offense under chapter

71, 109A, 110, or 117 of title 18, United States Code, family

ties and responsibilities and community ties are not relevant

in determining whether a sentence should be below the

applicable guideline range.’’.

(5) Section 5K2.13 is amended by—

(A) striking ‘‘or’’ before ‘‘(3)’’; and

(B) replacing ‘‘public’’ with ‘‘public; or (4) the defendant

has been convicted of an offense under chapter 71, 109A,

110, or 117 of title 18, United States Code.’’.

3553(c) of title 18, United States Code, is amended—

(1) by striking ‘‘described.’’ and inserting ‘‘described, which

reasons must also be stated with specificity in the written

order of judgment and commitment, except to the extent that

the court relies upon statements received in camera in accordance

with Federal Rule of Criminal Procedure 32. In the event

that the court relies upon statements received in camera in

accordance with Federal Rule of Criminal Procedure 32 the

court shall state that such statements were so received and

that it relied upon the content of such statements.’’;

(2) by inserting ‘‘, together with the order of judgment

and commitment,’’ after ‘‘the court’s statement of reasons’’; and

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117 STAT. 670 PUBLIC LAW 108–21—APR. 30, 2003

(3) by inserting ‘‘and to the Sentencing Commission,’’ after

‘‘to the Probation System’’.

United States Code, is amended to read as follows:

‘‘(3) is outside the applicable guideline range, and

‘‘(A) the district court failed to provide the written

statement of reasons required by section 3553(c);

‘‘(B) the sentence departs from the applicable guideline

range based on a factor that—

‘‘(i) does not advance the objectives set forth in

section 3553(a)(2); or

‘‘(ii) is not authorized under section 3553(b); or

‘‘(iii) is not justified by the facts of the case; or

‘‘(C) the sentence departs to an unreasonable degree

from the applicable guidelines range, having regard for

the factors to be considered in imposing a sentence, as

set forth in section 3553(a) of this title and the reasons

for the imposition of the particular sentence, as stated

by the district court pursuant to the provisions of section

3553(c); or’’.

3742(e) of title 18, United States Code, is amended by striking

‘‘shall give due deference to the district court’s application

of the guidelines to the facts’’ and inserting ‘‘, except with

respect to determinations under subsection (3)(A) or (3)(B),

shall give due deference to the district court’s application of

the guidelines to the facts. With respect to determinations

under subsection (3)(A) or (3)(B), the court of appeals shall

review de novo the district court’s application of the guidelines

to the facts’’.

(A) The first paragraph of section 3742(f) of title 18,

United States Code, is amended by striking ‘‘the sentence’’;

(B) Section 3742(f)(1) of title 18, United States Code,

is amended by inserting ‘‘the sentence’’ before ‘‘was

imposed’’;

(C) Section 3742(f)(2) of title 18, United States Code,

is amended to read as follows:

‘‘(2) the sentence is outside the applicable guideline range

and the district court failed to provide the required statement

of reasons in the order of judgment and commitment, or the

departure is based on an impermissible factor, or is to an

unreasonable degree, or the sentence was imposed for an offense

for which there is no applicable sentencing guideline and is

plainly unreasonable, it shall state specific reasons for its

conclusions and—

‘‘(A) if it determines that the sentence is too high

and the appeal has been filed under subsection (a), it

shall set aside the sentence and remand the case for further

sentencing proceedings with such instructions as the court

considers appropriate, subject to subsection (g);

‘‘(B) if it determines that the sentence is too low and

the appeal has been filed under subsection (b), it shall

set aside the sentence and remand the case for further

sentencing proceedings with such instructions as the court

considers appropriate, subject to subsection (g);’’; and

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PUBLIC LAW 108–21—APR. 30, 2003 117 STAT. 671

(D) Section 3742(f)(3) of title 18, United States Code,

is amended by inserting ‘‘the sentence’’ before ‘‘is not

described’’.

title 18, United States Code, is amended by redesignating subsections

(g) and (h) as subsections (h) and (i) and by inserting

the following after subsection (f):

a case is remanded pursuant to subsection (f)(1) or (f)(2) shall

resentence a defendant in accordance with section 3553 and with

such instructions as may have been given by the court of appeals,

except that—

‘‘(1) In determining the range referred to in subsection

3553(a)(4), the court shall apply the guidelines issued by the

Sentencing Commission pursuant to section 994(a)(1) of title

28, United States Code, and that were in effect on the date

of the previous sentencing of the defendant prior to the appeal,

together with any amendments thereto by any act of Congress

that was in effect on such date; and

‘‘(2) The court shall not impose a sentence outside the

applicable guidelines range except upon a ground that—

‘‘(A) was specifically and affirmatively included in the

written statement of reasons required by section 3553(c)

in connection with the previous sentencing of the defendant

prior to the appeal; and

‘‘(B) was held by the court of appeals, in remanding

the case, to be a permissible ground of departure.’’.

as amended by subsection (e), is further amended by adding at

the end the following:

‘‘(1) a factor is a ‘permissible’ ground of departure if it—

‘‘(A) advances the objectives set forth in section

3553(a)(2); and

‘‘(B) is authorized under section 3553(b); and

‘‘(C) is justified by the facts of the case; and

‘‘(2) a factor is an ‘impermissible’ ground of departure if

it is not a permissible factor within the meaning of subsection

(j)(1).’’.

(g)