Home > 108th Congressional Public Laws > 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. ...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. ...
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
[[Page 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.
(2) Interim report.--Based on the findings of the
feasibility 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.
(3) Final report.--Based <<NOTE: Deadline.>> 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
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.
TITLE II--INVESTIGATIONS AND PROSECUTIONS
SEC. 201. INTERCEPTIONS OF COMMUNICATIONS IN INVESTIGATIONS OF SEX
OFFENSES.
Section 2516(1) of title 18, United States Code, is amended--
[[Page 117 STAT. 660]]
(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),''.
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:
``Sec. 3283. Offenses against children
``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.''.
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(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''.
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 III--PUBLIC OUTREACH
Subtitle A--AMBER Alert
SEC. 301. <<NOTE: 42 USC 5791.>> NATIONAL COORDINATION OF AMBER
ALERT COMMUNICATIONS NETWORK.
(a) Coordination Within Department of Justice.--The Attorney General
shall assign an officer of the Department of Justice to act as the
national coordinator of the AMBER Alert communications network regarding
abducted children. The officer so designated shall be known as the AMBER
Alert Coordinator of the Department of Justice.
[[Page 117 STAT. 661]]
(b) Duties.--In acting as the national coordinator of the AMBER
Alert communications network, the Coordinator shall--
(1) seek to eliminate gaps in the network, including gaps in
areas of interstate travel;
(2) work with States to encourage the development of
additional elements (known as local AMBER plans) in the network;
(3) work with States to ensure appropriate regional
coordination of various elements of the network; and
(4) act as the nationwide point of contact for--
(A) the development of the network; and
(B) regional coordination of alerts on abducted
children through the network.
(c) Consultation With Federal Bureau of Investigation.--In carrying
out duties under subsection (b), the Coordinator shall notify and
consult with the Director of the Federal Bureau of Investigation
concerning each child abduction for which an alert is issued through the
AMBER Alert communications network.
(d) Cooperation.--The Coordinator shall cooperate with the Secretary
of Transportation and the Federal Communications Commission in carrying
out activities under this section.
(e) Report.--Not <<NOTE: Deadline.>> later than March 1, 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.
SEC. 302. <<NOTE: 42 USC 5791a.>> MINIMUM STANDARDS FOR ISSUANCE
AND DISSEMINATION OF ALERTS THROUGH AMBER
ALERT COMMUNICATIONS NETWORK.
(a) Establishment of Minimum Standards.--Subject to subsection (b),
the AMBER Alert Coordinator of the Department of Justice shall establish
minimum standards for--
(1) the issuance of alerts through the AMBER Alert
communications network; and
(2) the extent of the dissemination of alerts issued through
the network.
(b) Limitations.--(1) The minimum standards established under
subsection (a) shall be adoptable on a voluntary basis only.
(2) The minimum standards shall, to the maximum extent practicable
(as determined by the Coordinator in consultation with State and local
law enforcement agencies), provide that appropriate information relating
to the special needs of an abducted child (including health care needs)
are disseminated to the appropriate law enforcement, public health, and
other public officials.
(3) The minimum standards shall, to the maximum extent practicable
(as determined by the Coordinator in consultation with State and local
law enforcement agencies), provide that the dissemination of an alert
through the AMBER Alert communications network be limited to the
geographic areas most likely to facilitate the recovery of the abducted
child concerned.
(4) In carrying out activities under subsection (a), the Coordinator
may not interfere with the current system of voluntary coordination
between local broadcasters and State and local law enforcement agencies
for purposes of the AMBER Alert communications network.
[[Page 117 STAT. 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.
SEC. 303. <<NOTE: 42 USC 5791b.>> GRANT PROGRAM FOR NOTIFICATION
AND COMMUNICATIONS SYSTEMS ALONG HIGHWAYS
FOR RECOVERY OF ABDUCTED CHILDREN.
(a) Program Required.--The Secretary of Transportation shall carry
out a program to provide grants to States for the development or
enhancement of notification or communications systems along highways for
alerts and other information for the recovery of abducted children.
(b) Development Grants.--
(1) In general.--The Secretary may make a grant to a State
under this subsection for the development of a State program for
the use of changeable message signs or other motorist
information systems to notify motorists about abductions of
children. The State program shall provide for the planning,
coordination, and design of systems, protocols, and message sets
that support the coordination and communication necessary to
notify motorists about abductions of children.
(2) Eligible activities.--A grant under this subsection may
be used by a State for the following purposes:
(A) To develop general policies and procedures to
guide the use of changeable message signs or other
motorist information systems to notify motorists about
abductions of children.
(B) To develop guidance or policies on the content
and format of alert messages to be conveyed on
changeable message signs or other traveler information
systems.
(C) To coordinate State, regional, and local plans
for the use of changeable message signs or other
transportation related issues.
(D) To plan secure and reliable communications
systems and protocols among public safety and
transportation agencies or modify existing
communications systems to support the notification of
motorists about abductions of children.
(E) To plan and design improved systems for
communicating with motorists, including the capability
for issuing wide area alerts to motorists.
(F) To plan systems and protocols to facilitate the
efficient issuance of child abduction notification and
other key information to motorists during off-hours.
(G) To provide training and guidance to
transportation authorities to facilitate appropriate use
of changeable message signs and other traveler
information systems for the notification of motorists
about abductions of children.
(c) Implementation Grants.--
(1) In general.--The Secretary may make a grant to a State
under this subsection for the implementation of a program for
the use of changeable message signs or other motorist
information systems to notify motorists about abductions of
[[Page 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).
(2) Eligible activities.--A grant under this subsection may
be used by a State to support the implementation of systems that
use changeable message signs or other motorist information
systems to notify motorists about abductions of children. Such
support may include the purchase and installation of changeable
message signs or other motorist information systems to notify
motorists about abductions of children.
(d) Federal Share.--The Federal share of the cost of any activities
funded by a grant under this section may not exceed 80 percent.
(e) Distribution of Grant Amounts.--The Secretary shall, to the
maximum extent practicable, distribute grants under this section equally
among the States that apply for a grant under this section within the
time period prescribed by the Secretary.
(f) Administration.--The Secretary shall prescribe requirements,
including application requirements, for the receipt of grants under this
section.
(g) Definition.--In this section, the term ``State'' means any of
the 50 States, the District of Columbia, or Puerto Rico.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $20,000,000 for
fiscal year 2004. Such amounts shall remain available until expended.
(i) Study of State Programs.--
(1) Study.--The Secretary shall conduct a study to examine
State barriers to the adoption and implementation of State
programs for the use of communications systems along highways
for alerts and other information for the recovery of abducted
children.
(2) Report.--Not <<NOTE: Deadline.>> later than 1 year after
the date of enactment of this Act, the Secretary shall transmit
to Congress a report on the results of the study, together with
any recommendations the Secretary determines appropriate.
SEC. 304. <<NOTE: 42 USC 5791c.>> GRANT PROGRAM FOR SUPPORT OF
AMBER ALERT COMMUNICATIONS PLANS.
(a) Program Required.--The Attorney General shall carry out a
program to provide grants to States for the development or enhancement
of programs and activities for the support of AMBER Alert communications
plans.
(b) Activities.--Activities funded by grants under the program under
subsection (a) may include--
(1) the development and implementation of education and
training programs, and associated materials, relating to AMBER
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