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. ...
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.
[[Page 117 STAT. 664]]
(c) Federal Share.--The Federal share of the cost of any activities
funded by a grant under the program under subsection (a) may not exceed
50 percent.
(d) Distribution of Grant Amounts on Geographic Basis.--The Attorney
General shall, to the maximum extent practicable, ensure the
distribution of grants under the program under subsection (a) on an
equitable basis throughout the various regions of the United States.
(e) Administration.--The Attorney General shall prescribe
requirements, including application requirements, for grants under the
program under subsection (a).
(f) Authorization of Appropriations.--(1) There is authorized to be
appropriated for the Department of Justice $5,000,000 for fiscal year
2004 to carry out this section 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.
SEC. 305. <<NOTE: 42 USC 5791d.>> 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 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.
Subtitle B--National Center for Missing and Exploited Children
SEC. 321. INCREASED SUPPORT.
(a) In General.--Section 408(a) of the Missing Children's Assistance
Act (42 U.S.C. 5777(a)) is amended by striking ``fiscal years 2000
through 2003'' and inserting ``fiscal years 2004 through 2005.''.
(b) Annual Grant to National Center For Missing and Exploited
Children.--Section 404(b)(2) of the Missing Children's 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''.
[[Page 117 STAT. 665]]
SEC. 322. FORENSIC AND INVESTIGATIVE SUPPORT OF MISSING AND
EXPLOITED CHILDREN.
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.''.
SEC. 323. CREATION OF CYBER TIPLINE.
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
Internet-related child sexual exploitation in the areas
of--
``(i) distribution of child pornography;
``(ii) online enticement of children for
sexual acts; and
``(iii) child prostitution.''.
Subtitle C--Sex Offender Apprehension Program
SEC. 341. AUTHORIZATION.
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;''.
Subtitle D--Missing <<NOTE: Code Adam Act of 2003.>> Children Procedures
in Public Buildings
SEC. 361. <<NOTE: 42 USC 5601 note.>> SHORT TITLE.
This subtitle may be cited as the ``Code Adam Act of 2003''.
SEC. 362. <<NOTE: 42 USC 5792.>> DEFINITIONS.
In this subtitle, the following definitions apply:
(1) Child.--The term ``child'' means an individual who is 17
years of age or younger.
(2) Code adam alert.--The term ``Code Adam alert'' means a
set of procedures used in public buildings to alert employees
and other users of the building that a child is missing.
[[Page 117 STAT. 666]]
(3) Designated authority.--The term ``designated 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.
(4) Executive agency.--The term ``Executive agency'' has the
same meaning such term has under section 105 of title 5, United
States Code.
(5) Federal agency.--The term ``Federal agency'' means any
Executive agency or any establishment in the legislative or
judicial branches of the Government.
(6) Public building.--The term ``public building'' means any
building (or portion thereof) owned or leased for use by a
Federal agency.
SEC. 363. <<NOTE: 42 USC 5792a.>> PROCEDURES IN PUBLIC BUILDINGS
REGARDING A MISSING OR LOST CHILD.
(a) In General.--Not <<NOTE: Deadline.>> later than 180 days after
the date of enactment of this Act, the designated authority for a public
building shall establish procedures for locating a child that is missing
in the building.
(b) Notification and Search Procedures.--Procedures established
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.
[[Page 117 STAT. 667]]
(7) Contacting local law enforcement.
(8) Documenting the incident.
Subtitle E--Child Advocacy Center Grants
SEC. 381. INFORMATION AND DOCUMENTATION REQUIRED BY ATTORNEY
GENERAL UNDER VICTIMS OF CHILD ABUSE ACT
OF 1990.
(a) Regional Children's Advocacy Centers.--Section 213 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''.
(b) Authorization of Appropriations.--The text of section 214B of
such Act (42 U.S.C. 13004) is amended to read as follows:
``(a) Sections 213 and 214.--There are authorized to be appropriated
to carry out sections 213 and 214, $15,000,000 for each of fiscal years
2004 and 2005.
``(b) Section 214A.--There are authorized to be appropriated to
carry out section 214A, $5,000,000 for each of fiscal years 2004 and
2005.''.
TITLE IV--SENTENCING REFORM
SEC. 401. SENTENCING REFORM.
(a) Enforcement of Sentencing Guidelines for Child Abduction and Sex
Offenses.--Section 3553(b) of title 18, United States Code is amended--
(1) by striking ``The court'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2), the
court''; and
(2) by adding at the end the following:
``(2) Child crimes and sexual offenses.--
``(A) Sentencing.--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, 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--
[[Page 117 STAT. 668]]
``(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.''.
(b) Conforming <<NOTE: 28 USC 994 note.>> Amendments to Guidelines
Manual.--The Federal Sentencing Guidelines are amended--
(1) in section 5K2.0--
(A) by striking ``Under'' and inserting the
following:
``(a) Downward Departures in Criminal Cases Other Than Child Crimes
and Sexual Offenses.--Under''; and
(B) by adding at the end the following:
``(b) Downward Departures in Child Crimes and Sexual Offenses.--
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