Pub.L. 108-022 To provide for the use and distribution of certain funds awarded to the Gila River Pima-Maricopa Indian Community, and for other purposes. ...

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    ``(c) Engaging in Illicit Sexual Conduct in Foreign Places.--Any 
United States citizen or alien admitted for permanent residence who 
travels in foreign commerce, and engages in any illicit sexual conduct 
with another person shall be fined under this title or imprisoned not 
more than 30 years, or both.
    ``(d) Ancillary Offenses.--Whoever, 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 interstate commerce or foreign commerce for the purpose of 
engaging in illicit sexual conduct shall be fined under this title, 
imprisoned not more than 30 years, or both.
    ``(e) Attempt and Conspiracy.--Whoever attempts or conspires to 
violate subsection (a), (b), (c), or (d) shall be punishable in the same 
manner as a completed violation of that subsection.
    ``(f) Definition.--As used in this section, the term `illicit sexual 
conduct' means (1) a sexual act (as defined in section 2246) with a 
person 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 (f)(2), it is a defense, which 
the defendant must establish by a preponderance of the evidence, that 
the defendant reasonably believed that the person with whom the 
defendant engaged in the commercial sex act had attained the age of 18 
years.''.
    (b) Conforming Amendment.--Section 2423(a) of title 18, United 
States Code, is amended by striking ``or attempts to do so,''.

SEC. 106. TWO STRIKES YOU'RE OUT.

    (a) In General.--Section 3559 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(e) Mandatory Life Imprisonment for Repeated Sex Offenses Against 
Children.--
            ``(1) In general.--A person who is convicted of a Federal 
        sex offense in which a minor is the victim shall be sentenced to 
        life imprisonment if the person has a prior sex conviction in 
        which a minor was the victim, unless the sentence of death is 
        imposed.
            ``(2) Definitions.--For the purposes of this subsection--
                    ``(A) the term `Federal sex offense' means 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

[[Page 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).
            ``(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.''.

    (b) Conforming Amendment.--Sections 2247(a) and 2426(a) of title 18, 
United States Code, are each amended by inserting ``, unless section 
3559(e) applies'' before the final period.
SEC. 107. ATTEMPT LIABILITY FOR INTERNATIONAL PARENTAL KIDNAPPING.

    Section 1204 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting ``, or attempts to do 
        so,'' before ``or retains''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by inserting ``or the Uniform 
                Child Custody Jurisdiction and Enforcement Act'' before 
                ``and was''; and
                    (B) in paragraph (2), by inserting ``or'' after the 
                semicolon.
SEC. 108. <<NOTE: 42 USC 5119a note.>> PILOT PROGRAM FOR NATIONAL 
                        CRIMINAL HISTORY BACKGROUND CHECKS AND 
                        FEASIBILITY STUDY.

    (a) Establishment of Pilot Program.--
            (1) In general.--Not <<NOTE: Deadlines.>> 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

[[Page 117 STAT. 656]]

        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.
            (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 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).
                    (C) State check.--The participating State under this 
                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.
                    (D) Information provided.--Under procedures 
                established 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.
                    (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 
                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.
            (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 subparagraph (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).

[[Page 117 STAT. 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 <<NOTE: Notification.>> 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 
                      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.
                    (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 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.

[[Page 117 STAT. 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 $18 to cover the 
        cost to the Federal Bureau of Investigation to conduct the 
        background check under paragraph (2) or (3).

    (b) Rights of Volunteers.--Each volunteer who is the subject 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.

    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated 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.
            (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)(1) for fiscal years 2004 and 
        2005 to establish and enhance fingerprint technology 
        infrastructure of the participating State.

    (d) Feasibility Study for a System of Background Checks for 
Employees and Volunteers.--
            (1) Study required.--The <<NOTE: Deadline.>> 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 
                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 

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