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Sandy Berger - Wikipedia, the free encyclopedia 
Page 7 of 7 
30. A Justice Dept. Conduct in Berger Case Questioned (http://reform.democrats.house.govistory.asp?ID=404), 
Chairman Henry A. Waxman, August 6, 2004 
31. 
A Letter from Department ofJustice (http://oversight.house.govidocuments/20070221164830-34067.01), 
U.S. House of Representatives, February 16, 2007 
32. A "The Berger Files: The Case of the Purloined Archives Gets Stranger All the 
Time" (http://www.opinionjournal.com/editorial/feature.hunl?id=110009522), Wall Street Journal, January 
13, 2007 
33. A Clinton aide forfeits law license in Justice Probe (Imp://www.washingtontimes.cominational/20070516-
113137-9942r.htm) 
Preceded by 
Deputy National Security Advisor 
Succeeded by 
Jonathan Howe 
1993-1997 
James Steinberg 
Preceded by 
United States National Security Advisor 
Succeeded by 
Anthony Lake 
1997-2001 
Condoleezza Rice 
Retrieved from "http://en.wikipedia.org/wiki/Sandy_Berger" 
Categories: 1945 births I American political scandals I American criminals I Cornell University alumni I 
Harvard Law School alumni I American Jews I Jewish American politicians I Living people I United 
States National Security Advisors I Clinton administration controversies I Clinton Administration 
personnel 
■ This page was last modified on 6 February 2008, at 17:45. 
• All text is available under the terms of the GNU Free 
Documentation License. (See Copyrights for details.) 
Wikipedia® is a registered trademark of the Wikimedia 
Foundation, Inc., a U.S. registered 501(cX3) tax-deductible 
nonprofit charity. 
http://en.wikipedia.org/wiki/Sandy_Berger 
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Westlaw Delivery Summary Report for VILLAFANA,MARIE 3563006 
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Citation Text: 
PL 108-21, 2003 S 151 
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PROTECT ACT ADDS 3559(E) 
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Altiestlaw. 
PL 108-21, 2003 S 151 
PL 108-21, April 30, 2003, 117 Stat 650 
(Cite as: 117 Stat 650) 
UNITED STATES PUBLIC LAWS 
108th Congress - First Session 
Convening January 7, 2003 
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Page I 
Additions and Deletions are not identified in this database. 
Vetoed provisions within tabular material are not displayed 
PL 108-21 (S 151) 
April 30, 2003 
PROSECUTORIAL REMEDIES AND TOOLS AGAINST THE EXPLOITATION OF CHILDREN TODAY ACT 
OF 2003 (PROTECT ACT) 
AN ACT To prevent child abduction and the sexual exploitation of children, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the United States 
of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
« 18 USCA § 1 NOTE » 
(a) SHORT TITLE.—This Act may be cited as the "Prosecutorial Remedies and Other Tools to end the Exploita-
tion of Children Today Act of 2003" or "PROTECT Act". 
(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 
Sec. I. 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. 
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PL 108-21, 2003 S 151 
PL 108-21, April 30, 2003, 117 Slat 650 
(Cite as: 117 Stat 650) 
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 HI—PUBLIC OUTREACH 
Subtitle A—AMBER Alert 
Sec. 301. National coordination of AMBER alert communications network. 
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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. 
*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 1V—SENTENCING REFORM 
Sec. 401. Sentencing reform. 
TITLE'--OBSCENITY AND PORNOGRAPHY 
Subtitle A--Child Obscenity and Pornography Prevention 
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PL 108-21, April 30, 2003, 117 Stat 650 
(Cite as: 117 Stat 650) 
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 V1--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 as-
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PL 108.21, April 30, 2003, 117 Stat 650 
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sault. 
« 18 USCA § 1 NOTE >> 
SEC. 2. SEVERABILITY. 
Page 4 
If any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, 
the remainder of this Act, and the application of such provision to other persons not similarly situated or to other 
circumstances, shall not be affected by such invalidation. 
TITLE I--SANCTIONS AND OFFENSES 
« 18 USCA § 3583 » 
SEC. 101. SUPERVISED RELEASE TERM FOR SEX OFFENDERS. 
Section 3583 of title 18, United States Code, is amended--
« 18 USCA § 3583 >> 
( ) in subsection (eX3), by inserting "on any such revocation" after "required to serve"; 
« 18 USCA § 3583 >> 
(2) in subsection (h), by striking "that is less than the maximum term of imprisonment authorized under subsec-
tion (eX3)"; and 
« 18 USCA § 3583 >> 
(3) by adding at the end the following: 
*652 "(k) Notwithstanding subsection (b), the authorized term of supervised release for any offense under sec-
tion 1201 involving a minor victim, and for any offense under section 1591, 2241, 2242, 2244(a)( ), 2244(aX2), 
2251, 2251A, 2252, 2252A, 2260, 2421, 2422, 2423, or 2425, is any term of years or life.". 
«
18 USCA § 111 » 
SEC. 102. FIRST DEGREE MURDER FOR CHILD ABUSE AND CHILD TORTURE MURDERS. 
Section 1111 of title 18, United States Code, is amended--
« 18 USCA § Ill >> 
(1) in subsection (a)--
(A) by inserting "child abuse," after "sexual abuse,"; and 
(I3) by inserting "or perpetrated as part of a pattern or practice of assault or torture against a child or children;" 
after "robbery;"; and 
« 18 USCA § Ill >> 
(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; 
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PL 108-21, April 30, 2003, 117 Stat 650 
(Cite as: 117 Slat 650) 
"(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 occa- sions; 
"(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).". 
SEC. 103. SEXUAL ABUSE PENALTIES. 
(a) MAXIMUM PENALTY INCREASES.—(1) Chapter 110 of title 18, United States Code, is amended—
« 18 USCA § 2251 >> 
(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"; 
« 18 USCA § 2252 » 
(B) in section 2252(6)(1)—
(i) by striking "15" and inserting "20"; and 
(ii) by striking "30" and inserting "40"; 
« 18 USCA § 2252 >> 
(C) in section 2252(bX2)—
(i) by striking "5" and inserting "10"; and 
(ii) by striking "10" and inserting "20"; 
« 18 USCA § 2252A » 
(D) in section 2252A(bX1)—
(i) by striking "15" and inserting "20"; and 
(ii) by striking "30" and inserting "40"; and 
« 18 USCA § 2252A >> 
(E) in section 2252A(bX2)—
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PL 108-21, April 30, 2003, 117 Stat 650 
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(1) 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--
<< 18 USCA § 2422» 
(A) in section 2422(a), by striking "10" and inserting "20"; 
« 18 USCA § 2422 >> 
(B) in section 2422(6), by striking "15" and inserting "30"; and 
« 18 USCA § 2423 » 
(C) in section 2423(a), by striking "15" and inserting "30". 
« 18 USCA § 1591 » 
*653 (3) Section 1591(bX2) 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—
<< 18 USCA § 2251 » 
(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"; 
« 18 USCA § 2251A >> 
(B) in section 2251A(a) and (b), by striking "20" and inserting "30"; 
« 18 USCA § 2252 » 
(C) in section 2252(bX1)—
(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"; 
« 18 USCA § 2252 >> 
(D) in section 2252(b)(2), by striking "2" and inserting "10"; 
« 18 USCA § 2252A » 
(E) in section 2252A(bXI)—
(i) by striking "or imprisoned" and inserting "and imprisoned not less than 5 years and"; 
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PL 108-21, April 30, 2003, 117 Stat 650 
(Cite as: 117 Stat 650) 
(ii) by striking "or both,"; and 
(iii) by striking "5" and inserting "15"; and 
« 18 USCA § 2252A >> 
(F) in section 2252A(bX2), by striking "2" and inserting "10". 
(2) Chapter 117 of title 18, United States Code, is amended--
« 18 USCA § 2422 >> 
(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)--
« 18 USCA § 2422 >> 
(i) by striking ", imprisoned" and inserting "and imprisoned not less than 5 years and"; and 
« 18 USCA § 2423 >> 
(ii) by striking ", or both". 
SEC. 104. STRONGER PENALTIES AGAINST KIDNAPPING. 
« 28 USCA § 994 NOTE » 
(a) SENTENCING GUIDELINES.--Notwithstanding any other provision of law regarding the amendment of 
Sentencing Guidelines, the United States Sentencing Commission is directed to amend the Sentencing 
Guidelines, to take effect on the date that is 30 days after the date of the enactment of this Act—
(1) so that the base offense level for kidnapping in section 2A4.1(a) is increased from level 24 to level 32; 
(2) so as to delete section 2A4.1(bX4)(C); and 
(3) so that the increase provided by section 2A4.1(bX5) is 6 levels instead of 3. 
« 18 USCA § 1201 » 
(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 (I) and all that follows through paragraph (2) and insert-
ing "shall include imprisonment for not less than 20 years.". 
« 18 USCA § 2423 >> 
SEC. 105. PENALTIES AGAINST SEX TOURISM. 
(a) IN GENERAL.—Section 2423 of title 18, United States Code, is amended by striking subsection (b) and in-
serting the following: 
*654 "(b) TRAVEL WITH INTENT TO ENGAGE IN ILLICIT SEXUAL CONDUCT.—A person who travels in 
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PL 108-21, April 30, 2003, 117 Stat 650 
(Cite as: 117 Stat 650) 
interstate commerce or travels into the United States, or a United States citizen or an alien admitted for perman-
ent 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 tide or imprisoned not more than 30 years, or both. 
"(c) ENGAGING IN ILLICIT SEXUAL CONDUCT IN FOREIGN PLACES.--Any United States citizen or ali-
en admitted for permanent residence who travels in foreign commerce, and engages in any illicit sexual conduct 
with another person shall be fined under this title or imprisoned not more than 30 years, or both. 
"(d) ANCILLARY OFFENSES.—Whoever, for the purpose of commercial advantage or private financial gain, 
arranges, induces, procures, or facilitates the travel of a person knowing that such a person is traveling in inter-
state 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 (I) 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. 
"(g) DEFENSE.—In a prosecution under this section based on illicit sexual conduct as defined in subsection 
(1)(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.". 
<< 18 USCA § 3559 >> 
(b) CONFORMING AMENDMENT.—Section 2423(a) of title IS, United States Code, is amended by striking 
"or attempts to do so,". 
SEC. 106. TWO STRIKES YOU'RE OUT. 
<< 18 USCA § 3559 >> 
(a) IN GENERAL.--Section 3559 of title 18, United States Code, is amended by adding at the end the following 
new subsection: 
"(e) MANDATORY LIFE IMPRISONMENT FOR REPEATED SEX OFFENSES AGAINST CHILDREN.—
"(1) IN GENERAL—A person who is convicted of a Federal sex offense in which a minor is the victim shall be 
sentenced to life imprisonment if the person has a prior sex conviction in which a minor was the victim, unless 
the sentence of death is imposed. 
"(2) DEFINITIONS.—For the purposes of this subsection—
"(A) the term 'Federal sex offense means an offense under section 2241 (relating to aggravated sexual abuse), 
2242 (relating to sexual abuse), 2244(aX1) (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 *655 minor into prostitution), or 2423(a) (relating to 
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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 spe-
cial maritime and territorial jurisdiction of the United States, in a Federal prison, on any land or building owned 
by, leased to. or otherwise used by or under the control of the Government of the United States, or in the Indian 
country (as defined in section 1151); 
"(C) the term 'prior sex conviction' means a conviction for which the sentence was imposed before the conduct 
occurred constituting the subsequent Federal sex offense, and which was for a Federal sex offense or a State sex 
offense; 
"(D) the term 'minor' means an individual who has not attained the age of 17 years; and 
"(E) the term 'state' has the meaning given that term in subsection (c)(2). 
"(3) NONQUALIFYING FELONIES.--An offense described in section 2422(b) or 2423(a) shall not serve as a 
basis for 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.". 
« 18 USCA § 2247 » 
« 18 USCA § 2426 >> 
(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. 
« 18 USCA § 1204 » 
SEC. 107. ATTEMPT LIABILITY FOR INTERNATIONAL PARENTAL KIDNAPPING. 
Section 1204 of title IS, United States Code, is amended--
(1) in subsection (a), by inserting ", or attempts to do so," before "or retains"; and 
<< 18 USCA § 1204 >> 
(2) in subsection (c)--
(A) in paragraph (1), by inserting "or the Uniform Child Custody Jurisdiction and Enforcement Act" before 
"and was"; and 
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(B) in paragraph (2), by inserting "or" after the semicolon. 
Page 10 
«42 USCA § 5119a NOTE » 
SEC. 108. PILOT PROGRAM FOR NATIONAL CRIMINAL HISTORY BACKGROUND CHECKS AND 
FEASIBILITY STUDY. 
(a) ESTABLISHMENT OF PILOT PROGRAM.—
(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Attorney General shall 
establish a pilot program for volunteer groups to obtain national *656 and State criminal history background 
checks through a 10-fingerprint check to be conducted utilizing State criminal records and the Integrated Auto-
mated Fingerprint Identification system of the Federal Bureau of Investigation. 
(2) STATE PILOT PROGRAM.--
(A) IN GENERAL.—The Attorney General shall designate 3 States as participants in an 18-month State pilot 
program. 
(B) VOLUNTEER ORGANIZATION REQUESTS.—A volunteer organization in one of the 3 States particip-
ating in the State pilot program under this paragraph that is part of the Boys and Girls Clubs of America, the Na-
tional 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 sub-
mit background check requests under paragraph (3). 
(C) STATE CHECK.—The participating State under this paragraph after receiving a request under subpara-
graph (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. 
(D) INFORMATION PROVIDED.--Under procedures established by the Attorney General, any criminal his-
tory record information resulting from the State and Federal check under subparagraph (C) shall be provided to 
the State or National Center for Missing and Exploited Children consistent with the National Child Protection Act. 
(E) COSTS.-A State may collect a fee to perform a criminal background check under this paragraph which 
may not exceed the actual costs to the State to perform such a check. 
(F) TIMING.--For any background check performed under this paragraph, the State shall provide the State 
criminal record information to the Attorney General within 7 days after receiving the request from the organiza-
tion, 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. 
(3) CHILD SAFETY PILOT PROGRAM.--
(A) IN GENERAL—The Attorney General shall establish an 18-month Child Safety Pilot Program that shall 
provide for the processing of 100,000 10- fingerprint check requests from organizations described in subpara-
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graph (B) conducted through the Integrated Automated Fingerprint Identification System of the Federal Bureau 
of Investigation. 
(B) ELIGIBLE ORGANIZATIONS.--An organization described in this subparagraph is an organization in a 
State not designated under paragraph (2) that has received a request allotment pursuant to subparagraph (C). 
*657 (C) REQUEST ALLOTMENTS.--The following organizations may allot requests as follows: 
(i) 33,334 for the Boys and Girls Clubs of America. 
(ii) 33,333 for the National Mentoring Partnership. 
(iii) 33,333 for the National Council of Youth Sports. 
(D) PROCEDURES.--The Attorney General shall notify the organizations described in subparagraph (C) of a 
process by which the organizations may provide fingerprint cards to the Attorney General. 
(E) VOLUNTEER INFORMATION REQUIRED.--An organization authorized to request a background check 
under this paragraph shall--
(i) forward to the Attorney General the volunteers 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 docu-
ment as defined in section 1028 of title 18, United States Code, and a photocopy of the valid identifying docu- ment; 
(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 conduc- ted; 
(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 
(I) notifies the volunteer of his right to correct an erroneous record held by the Attorney General. 
(F) TIMING.--For any background checks performed under this paragraph, the Attorney General shall provide 
the criminal history records information to the National Center for Missing and Exploited Children within 14 
business days after receiving the request from the organization. 
(G) DETERMINATIONS OF FITNESS.--
(i) IN GENERAL.--Consistent with the privacy protections delineated in the National Child Protection Act 
(42 U.S.C. 5119), the National Center for Missing and Exploited Children may make a determination whether 
the criminal history record information received in response to the criminal history background checks conduc-
ted under this paragraph indicates that the provider or volunteer has a criminal history record that renders the 
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provider or volunteer unfit to provide care to children based upon criteria established jointly, the National Cen-
ter for Missing and Exploited Children, the Boys and Girls Clubs of America, the National Mentoring Partner-
ship, and the National Council of Youth Sports. 
•658 (ii) CHILD SAFETY PILOT PROGRAM.--The National Center for Missing and Exploited Children 
shall convey that determination to the organizations making requests under this paragraph. 
(4) FEES COLLECTED BY ATTORNEY GENERAL.--The Attorney General may collect a fee which may not 
exceed 518 to cover the cost to the Federal Bureau of Investigation to conduct the background check under para-
graph (2) or (3). 
(b) RIGHTS OF VOLUNTEERS.--Each volunteer who is the subject of a criminal history background check un-
der this section is entitled to contact the Attorney General to initiate procedures to--
(1) obtain a copy of their criminal history record report; and 
(2) challenge the accuracy and completeness of the criminal history record information in the report. 
(c) AUTHORIZATION OF APPROPRIATIONS.--
( I ) IN GENERAL.--There is authorized to be appropriated such sums as may be necessary to the National Cen-
ter for Missing and Exploited Children for fiscal years 2004 and 2005 to carry out the requirements of this sec- tion. 
(2) STATE PROGRAM.--There is authorized to be appropriated such sums as may be necessary to the Attorney 
General for the States designated in subsection (a)( I ) for fiscal years 2004 and 2005 to establish and enhance 
finger print technology infrastructure of the participating State. 
(d) FEASIBILITY STUDY FOR A SYSTEM OF BACKGROUND CHECKS FOR EMPLOYEES AND VO-
LUNTEERS.--
(1) STUDY REQUIRED.--The Attorney General shall conduct 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 crimin-
al background check. 
(D) The impact on the Integrated Automated Fingerprint Identification System (IAF'S) 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 
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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 oth-
er States. 
(G) The extent to which private companies arc currently performing background checks and the possibility 
*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 arc 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. 
(2) INTERIM REPORT.--Based on the findings of the feasibility study under paragraph (1), the Attorney Gener-
al 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. 
(3) FINAL REPORT.--Based on the findings of the pilot project, the Attorney General shall, not later than 60 
days after completion of the pilot project under this section, submit to Congress a final report, including recom-
mendations, which may include a proposal for grants to the States to develop or improve programs to collect fin-
gerprints 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. 
TITLE II--INVESTIGATIONS AND PROSECUTIONS 
« 18 USCA § 2516 >> 
SEC. 201. INTERCEPTIONS OF COMMUNICATIONS IN INVESTIGATIONS OF SEX OFFENSES. 
Section 2516(1) of title 18, United States Code, is amended--
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« 18 USCA § 2516 >> 
*660 (1) in paragraph (a), by inserting after "chapter 37 (relating to espionage)," the following: "chapter 55 
(relating to kidnapping),"; and 
« 18 USCA § 2516 >> 
(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 225IA (selling or buying of children), section 2252A (relating to material constitut-
ing 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),". 
« 18 USCA § 3283 >> 
SEC. 202. NO STATUTE OF LIMITATIONS FOR CHILD ABDUCTION AND SEX CRIMES. 
Section 3283 of title 18, United States Code, is amended to read as follows: 
"§ 3283. Offenses against children 
"No statute of limitations that would otherwise preclude prosecution for an offense involving the sexual or phys-
ical abuse, or kidnaping, of a child under the age of 18 years shall preclude such prosecution during the life of 
the child.". 
« 18 USCA § 3142 » 
SEC. 203. NO PRETRIAL RELEASE FOR THOSE WHO RAPE OR KIDNAP CHILDREN. 
Section 3142(e) of title 18, United States Code, is amended—
(1) by striking "1901 et seq.), or" and inserting "1901 et seq.),"; and 
(2) by striking "of title 18 of the United States Code" and inserting "of this title, or an offense involving a minor 
victim under section 1201, 1591, 2241, 2242, 2244(aX1), 2245, 2251, 2251A, 2252(aX1), 2252(aX2), 
2252(aX3), 2252A(a)(1), 2252A(aX2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425 of this title". 
«42 USCA § 5779» 
SEC. 204. SUZANNE'S LAW. 
Section 3701(a) of the Crime Control Act of 1990 (42 U.S.C. 5779(a)) is amended by striking "age of 18" and 
inserting "age of 21". 
TITLE HI-PUBLIC OUTREACH 
Subtitle A—AMBER Alert 
«42 USCA § 5791 » 
SEC. 301. NATIONAL COORDINATION OF AMBER ALERT COMMUNICATIONS NETWORK. 
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(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 re-
garding abducted children. The officer so designated shall be known as the AMBER Alert Coordinator of the 
Department of Justice. 
*661 (b) DUTIES.--In acting as the national coordinator of the AMBER Alert communications network, the Co-
ordinator shall--
(I) 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 sub-
section (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 net- work. 
(d) COOPERATION.--The Coordinator shall cooperate with the Secretary of Transportation and the Federal 
Communications Commission in carrying out activities under this section. 
(e) REPORT.--Not later than March I, 2005, the Coordinator shall submit to Congress a report on the activities 
of the Coordinator and the effectiveness and status of the AMBER plans of each State that has implemented 
such a plan. The Coordinator shall prepare the report in consultation with the Secretary of Transportation. 
« 42 USCA 
5791a >> 
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 Coordin-
ator 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.--( I ) The minimum standards established under subsection (a) shall be adoptable on a volun-
tary basis only. 
(2) The minimum standards shall, to the maximum extent practicable (as determined by the Coordinator in con-
sultation with State and local law enforcement agencies), provide that appropriate information relating to the 
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special needs of an abducted child (including health care needs) are disseminated to the appropriate law enforce-
ment, public health, and other public officials. 
(3) The minimum standards shall, to the maximum extent practicable (as determined by the Coordinator in con-
sultation 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 Alen communications network. 
*662 (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. 
« 42 USCA § 5791b >> 
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 sys-
tems, 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 transporta-
tion 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. 
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(E) To plan and design improved systems for communicating with motorists, including the capability for issu-
ing 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 chil- dren. 
(c) IMPLEMENTATION GRANTS.--
(I) 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 *663 children. A State shall be eligible for a grant under this subsection if the Secretary determ-
ines 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 implementa-
tion 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, distrib-
ute 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 Pu-
erto 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 Con-
gress a report on the results of the study, together with any recommendations the Secretary determines appropri- ate. 
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«42 USCA § 5791c >> 
SEC. 304. GRANT PROGRAM FOR SUPPORT OF AMBER ALERT COMMUNICATIONS PLANS. 
Page 18 
(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--
( I ) 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 commu-
nications program. 
•664 (c) FEDERAL SHARE.--The Federal share of the cost of any activities funded by a grant under the pro-
gram 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 require-
ments, for grants under the program under subsection (a). 
(1) AUTHORIZATION OF APPROPRIATIONS.--(1) There is authorized to be appropriated for the Department 
of Justice $5,000,000 for fiscal year 2004 to carry out this section and, in addition, $5,000,000 for fiscal year 
2004 to carry out subsection (b)(3). 
(2) Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available 
until expended. 
«42 USCA § 5791d >> 
SEC. 305. LIMITATION ON LIABILITY. 
(a) Except as provided in subsection (b), the National Center for Missing and Exploited Children, including any 
of its officers, employees, or agents, shall not be liable for damages in any civil action for defamation, libel, 
slander, or harm to reputation arising out of any action or communication by the National Center for Missing 
and Exploited Children, its officers, employees, or agents, in connection with any clearinghouse, hotline or com-
plaint 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 
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