Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003/Title VI

TITLE VI — MISCELLANEOUS PROVISIONS

Sec. 601. Penalties for use of Minors in Crimes of Violence.

Chapter 1 of title 18, United States Code, is amended by adding at the end the following:

``Sec. 25. Use of minors in crimes of violence.

``(a) DEFINITIONS.— In this section, the following definitions shall apply:

``(1) CRIME OF VIOLENCE.— The term “crime of violence” has the meaning set forth in section 16.

``(2) MINOR.— The term “minor” means a person who has not reached 18 years of age.

``(3) USES.— The term “uses” means employs, hires, persuades, induces, entices, or coerces.

``(b) PENALTIES.— Any person who is 18 years of age or older, who intentionally uses a minor to commit a crime of violence for which such person may be prosecuted in a court of the United States, or to assist in avoiding detection or apprehension for such an offense, shall—

``(1) for the first conviction, be subject to twice the maximum term of imprisonment and twice the maximum fine that would otherwise be authorized for the offense; and

``(2) for each subsequent conviction, be subject to 3 times the maximum term of imprisonment and 3 times the maximum fine that would otherwise be authorized for the offense.´´.

(b) CLERICAL AMENDMENT.—

The table of sections at the beginning of chapter 1 of title 18, United States Code, is amended by adding at the end the following:

``25. Use of minors in crimes of violence.´´.

Sec. 602. Sense of Congress.

(a) FOCUS OF INVESTIGATION AND PROSECUTION.—

It is the sense of Congress that the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice should focus its investigative and prosecutorial efforts on major producers, distributors, and sellers of obscene material and child pornography that use misleading methods to market their material to children.

(b) VOLUNTARY LIMITATION ON WEBSITE FRONT PAGES.—

It is the sense of Congress that the online commercial adult entertainment industry should voluntarily refrain from placing obscenity, child pornography, or material that is harmful to minors on the front pages of their websites to protect juveniles from material that may negatively impact their social, moral, and psychological development.

Sec. 603. Communications Decency Act of 1996.

Section 223 of the Communications Act of 1934 (47 U.S.C. 223) is amended—

(1) in subsection (a)(1)—

(A) in subparagraph (A), by striking ``, lewd, lascivious, filthy, or indecent´´ and inserting ``or child pornography´´; and

(B) in subparagraph (B), by striking ``indecent´´ and inserting ``child pornography´´; and

(2) in subsection (d)(1), by striking ``, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs´´ and inserting ``is obscene or child pornography´´.

Sec. 604. Internet Availability of Information Concerning Registered Sex Offenders.

(a) IN GENERAL.—

Section 170101(e)(2) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(e)(2)) is amended by adding at the end the following: ``The release of information under this paragraph shall include the maintenance of an Internet site containing such information that is available to the public and instructions on the process for correcting information that a person alleges to be erroneous.´´.

(b) COMPLIANCE DATE.—

Each State shall implement the amendment made by this section within 3 years after the date of enactment of this Act, except that the Attorney General may grant an additional 2 years to a State that is making a good faith effort to implement the amendment made by this section.

(c) NATIONAL INTERNET SITE.—

The Crimes Against Children Section of the Criminal Division of the Department of Justice shall create a national Internet site that links all State Internet sites established pursuant to this section.

Sec. 605. Registration of Child Pornographers in the National Sex Offender Registry.

(a) JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY VIOLENT OFFENDER REGISTRATION PROGRAM.—

Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended—

(1) by striking the section heading and inserting the following:

``SEC. 170101. JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY VIOLENT OFFENDER REGISTRATION PROGRAM.´´;

and

(2) in subsection (a)(3)—

(A) in clause (vii), by striking ``or´´ at the end;

(B) by redesignating clause (viii) as clause (ix); and

(C) by inserting after clause (vii) the following:

``(viii) production or distribution of child pornography, as described in section 2251, 2252, or 2252A of title 18, United States Code; or´´.

(b) AUTHORIZATION OF APPROPRIATIONS.—

There are authorized to be appropriated to the Department of Justice, for each of fiscal years 2004 through 2007, such sums as may be necessary to carry out the amendments made by this section.

Sec. 606. Grants to States for Costs of Compliance with new Sex Offender Registry Requirements.

Section 170101(i)(3) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(i)(3)) is amended to read as follows:

``(3) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated for each of the fiscal years 2004 through 2007 such sums as may be necessary to carry out the provisions of section 1701(d)(10) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)(10)), as added by the PROTECT Act.´´.

Sec. 607. SAFE ID Act.

(a) SHORT TITLE.—

This section may be cited as the ``Secure Authentication Feature and Enhanced Identification Defense Act of 2003´´ or ``SAFE ID Act´´.

(b) FRAUD AND FALSE STATEMENTS.—

(1) OFFENSES.—

Section 1028(a) of title 18, United States Code, is amended—

(A) in paragraph (1), by inserting `, authentication feature,' after `an identification document';

(B) in paragraph (2)—

(i) by inserting `, authentication feature,' after `an identification document'; and

(ii) by inserting `or feature' after `such document';

(C) in paragraph (3), by inserting `, authentication features,' after `possessor)';

(D) in paragraph (4)—

(i) by inserting `, authentication feature,' after `possessor)'; and

(ii) by inserting `or feature' after `such document';

(E) in paragraph (5), by inserting `or authentication feature' after `implement' each place that term appears;

(F) in paragraph (6)—

(i) by inserting `or authentication feature' before `that is or appears';

(ii) by inserting `or authentication feature' before `of the United States';

(iii) by inserting `or feature' after `such document'; and

(iv) by striking `or' at the end;

(G) in paragraph (7), by inserting `or' after the semicolon; and

(H) by inserting after paragraph (7) the following:

``(8) knowingly traffics in false authentication features for use in false identification documents, document-making implements, or means of identification;´´.

(2) PENALTIES.—

Section 1028(b) of title 18, United States Code, is amended—

(A) in paragraph (1)—

(i) in subparagraph (A)—

(I) by inserting `, authentication feature,' before `or false'; and

(II) in clause (i), by inserting `or authentication feature' after `document'; and

(ii) in subparagraph (B), by inserting `, authentication features,' before `or false'; and

(B) in paragraph (2)(A), by inserting `, authentication feature,' before `or a false'.

(3) CIRCUMSTANCES.—

Section 1028(c)(1) of title 18, United States Code, is amended by inserting `, authentication feature,' before `or false' each place that term appears.

(4) DEFINITIONS.—

Section 1028(d) of title 18, United States Code, is amended—

(A) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), and (8) as paragraphs (2), (3), (4), (7), (8), (9), (10), and (11), respectively;

(B) by inserting before paragraph (2), as redesignated, the following:

``(1) the term `authentication feature' means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified;´´;

(C) in paragraph (4)(A), as redesignated, by inserting `or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit' after `entity';

(D) by inserting after paragraph (4), as redesignated, the following:

``(5) the term “false authentication feature” means an authentication feature that—

``(A) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit;

``(B) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority; or

``(C) appears to be genuine, but is not;

``(6) the term “issuing authority”—

``(A) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features; and

``(B) includes the United States Government, a State, a political subdivision of a State, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization;´´;

(E) in paragraph (10), as redesignated, by striking `and' at the end;

(F) in paragraph (11), as redesignated, by striking the period at the end and inserting `; and'; and

(G) by adding at the end the following:

``(12) the term “traffic” means—

``(A) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value; or

``(B) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of.´´.

(5) ADDITIONAL PENALTIES.—

Section 1028 of title 18, United States Code, is amended—

(A) by redesignating subsection (h) as subsection (i); and

(B) by inserting after subsection (g) the following:

``(h) FORFEITURE; DISPOSITION.— In the circumstance in which any person is convicted of a violation of subsection (a), the court shall order, in addition to the penalty prescribed, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification.´´.

(6) TECHNICAL AND CONFORMING AMENDMENT.—

Section 1028 of title 18, United States Code, is amended in the heading by inserting `, authentication features,' after `documents'.

Sec. 608. Illicit Drug Anti-Proliferation Act.

(a) SHORT TITLE.—

This section may be cited as the ``Illicit Drug Anti-Proliferation Act of 2003´´.

(b) OFFENSES.—

(1) IN GENERAL.—

Section 416(a) of the Controlled Substances Act (21 U.S.C. 856(a)) is amended—

(A) in paragraph (1), by striking ``open or maintain any place´´ and inserting ``open, lease, rent, use, or maintain any place, whether permanently or temporarily,´´; and

(B) by striking paragraph (2) and inserting the following:

``(2) manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant, or mortgagee, and knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.´´.

(2) TECHNICAL AMENDMENT.—

The heading to section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended to read as follows:

``SEC. 416. MAINTAINING DRUG-INVOLVED PREMISES.´´.

(3) CONFORMING AMENDMENT.—

The table of contents to title II of the Comprehensive Drug Abuse and Prevention Act of 1970 is amended by striking the item relating to section 416 and inserting the following:

``Sec. 416. Maintaining drug-involved premises.´´.

(c) CIVIL PENALTY AND EQUITABLE RELIEF FOR MAINTAINING DRUG-INVOLVED PREMISES.—

Section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended by adding at the end the following:

``(d)

``(1) Any person who violates subsection (a) shall be subject to a civil penalty of not more than the greater of—

``(A) $250,000; or

``(B) 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person.

``(2) If a civil penalty is calculated under paragraph (1)(B), and there is more than 1 defendant, the court may apportion the penalty between multiple violators, but each violator shall be jointly and severally liable for the civil penalty under this subsection.

``(e) Any person who violates subsection (a) shall be subject to declaratory and injunctive remedies as set forth in section 403(f).´´.

(d) DECLARATORY AND INJUNCTIVE REMEDIES.—

Section 403(f)(1) of the Controlled Substances Act (21 U.S.C. 843(f)(1)) is amended by striking ``this section or section 402´´ and inserting ``this section, section 402, or 416´´.

(e) SENTENCING COMMISSION GUIDELINES.—

The United States Sentencing Commission shall—

(1) review the Federal sentencing guidelines with respect to offenses involving gamma hydroxybutyric acid (GHB);

(2) consider amending the Federal sentencing guidelines to provide for increased penalties such that those penalties reflect the seriousness of offenses involving GHB and the need to deter them; and

(3) take any other action the Commission considers necessary to carry out this section.

(f) AUTHORIZATION OF APPROPRIATIONS FOR A DEMAND REDUCTION COORDINATOR.—

There is authorized to be appropriated $5,900,000 to the Drug Enforcement Administration of the Department of Justice for the hiring of a special agent in each State to serve as a Demand Reduction Coordinator.

(g) AUTHORIZATION OF APPROPRIATIONS FOR DRUG EDUCATION.—

There is authorized to be appropriated such sums as necessary to the Drug Enforcement Administration of the Department of Justice to educate youth, parents, and other interested adults about club drugs.

Sec. 609. Definition of Vehicle.

Section 1993(c) of title 18, United States Code, is amended—

(1) in paragraph (7), by striking `and' at the end;

(2) in paragraph (8), by striking the period at the end and inserting `; and'; and

(3) by adding at the end the following:

``(9) the term “vehicle” means any carriage or other contrivance used, or capable of being used, as a means of transportation on land, water, or through the air.´´.

Sec. 610. Authorization of John Doe DNA Indictments.

(a) LIMITATION.—

Section 3282 of title 18, United States Code, is amended—

(1) by striking `Except' and inserting the following:

``(a) IN GENERAL.— Except´´; and

(2) by adding at the end the following:

``(b) DNA PROFILE INDICTMENT.—

``(1) IN GENERAL.— In any indictment for an offense under chapter 109A for which the identity of the accused is unknown, it shall be sufficient to describe the accused as an individual whose name is unknown, but who has a particular DNA profile.

``(2) EXCEPTION.— Any indictment described under paragraph (1), which is found not later than 5 years after the offense under chapter 109A is committed, shall not be subject to—

``(A) the limitations period described under subsection (a); and

``(B) the provisions of chapter 208 until the individual is arrested or served with a summons in connection with the charges contained in the indictment.

``(3) DEFINED TERM.— For purposes of this subsection, the term `DNA profile' means a set of DNA identification characteristics.´´.

(b) RULES OF CRIMINAL PROCEDURE.—

Rule 7(c)(1) of the Federal Rules of Criminal Procedure is amended by adding at the end the following: `For purposes of an indictment referred to in section 3282 of title 18, United States Code, for which the identity of the defendant is unknown, it shall be sufficient for the indictment to describe the defendant as an individual whose name is unknown, but who has a particular DNA profile, as that term is defined in that section 3282.´´.

Sec. 611. Transitional Housing Assistance Grants for Child Victims of Domestic Violence, Stalking, or Sexual Assault.

Subtitle B of the Violence Against Women Act of 1994 (42 U.S.C. 13701 note; 108 Stat. 1925) is amended by adding at the end the following:

``CHAPTER 11—TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT

``SEC. 40299. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT.

``(a) IN GENERAL.— The Attorney General, acting in consultation with the Director of the Violence Against Women Office of the Department of Justice, shall award grants under this section to States, units of local government, Indian tribes, and other organizations (referred to in this section as the `recipient') to carry out programs to provide assistance to minors, adults, and their dependents—

``(1) who are homeless, or in need of transitional housing or other housing assistance, as a result of fleeing a situation of domestic violence; and

``(2) for whom emergency shelter services or other crisis intervention services are unavailable or insufficient.

``(b) GRANTS.— Grants awarded under this section may be used for programs that provide—

``(1) short-term housing assistance, including rental or utilities payments assistance and assistance with related expenses such as payment of security deposits and other costs incidental to relocation to transitional housing for persons described in subsection (a); and

``(2) support services designed to enable a minor, an adult, or a dependent of such minor or adult, who is fleeing a situation of domestic violence to—

``(A) locate and secure permanent housing; and

``(B) integrate into a community by providing that minor, adult, or dependent with services, such as transportation, counseling, child care services, case management, employment counseling, and other assistance.

``(c) DURATION.—

``(1) IN GENERAL.— Except as provided in paragraph (2), a minor, an adult, or a dependent, who receives assistance under this section shall receive that assistance for not more than 18 months.

``(2) WAIVER.— The recipient of a grant under this section may waive the restriction under paragraph (1) for not more than an additional 6 month period with respect to any minor, adult, or dependent, who—

``(A) has made a good-faith effort to acquire permanent housing; and

``(B) has been unable to acquire permanent housing.

``(d) APPLICATION.—

``(1) IN GENERAL.— Each eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.

``(2) CONTENTS.— Each application submitted pursuant to paragraph (1) shall—

``(A) describe the activities for which assistance under this section is sought; and

``(B) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section.

``(3) APPLICATION.— Nothing in this subsection shall be construed to require—

``(A) victims to participate in the criminal justice system in order to receive services; or

``(B) domestic violence advocates to breach client confidentiality.

``(e) REPORT TO THE ATTORNEY GENERAL.—

``(1) IN GENERAL.— A recipient of a grant under this section shall annually prepare and submit to the Attorney General a report describing—

``(A) the number of minors, adults, and dependents assisted under this section; and

``(B) the types of housing assistance and support services provided under this section.

``(2) CONTENTS.— Each report prepared and submitted pursuant to paragraph (1) shall include information regarding—

``(A) the amount of housing assistance provided to each minor, adult, or dependent, assisted under this section and the reason for that assistance;

``(B) the number of months each minor, adult, or dependent, received assistance under this section;

``(C) the number of minors, adults, and dependents who—

``(i) were eligible to receive assistance under this section; and

``(ii) were not provided with assistance under this section solely due to a lack of available housing; and

``(D) the type of support services provided to each minor, adult, or dependent, assisted under this section.

``(f) REPORT TO CONGRESS.—

``(1) REPORTING REQUIREMENT.— The Attorney General, with the Director of the Violence Against Women Office, shall annually prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the information contained in the report submitted under subsection (e).

``(2) AVAILABILITY OF REPORT.— In order to coordinate efforts to assist the victims of domestic violence, the Attorney General, in coordination with the Director of the Violence Against Women Office, shall transmit a copy of the report submitted under paragraph (1) to—

``(A) the Office of Community Planning and Development at the United States Department of Housing and Urban Development; and

``(B) the Office of Women's Health at the United States Department of Health and Human Services.

``(g) AUTHORIZATION OF APPROPRIATIONS.—

``(1) IN GENERAL.— There are authorized to be appropriated to carry out this section $30,000,000 for each of the fiscal years 2004 through 2008.

``(2) LIMITATIONS.— Of the amount made available to carry out this section in any fiscal year, not more than 3 percent may be used by the Attorney General for salaries and administrative expenses.

``(3) MINIMUM AMOUNT.—

``(A) IN GENERAL.— Except as provided in subparagraph (B), unless all eligible applications submitted by any States, units of local government, Indian tribes, or organizations within a State for a grant under this section have been funded, that State, together with the grantees within the State (other than Indian tribes), shall be allocated in each fiscal year, not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section.

``(B) EXCEPTION.— The United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated not less than 0.25 percent of the total amount appropriated in the fiscal year for grants pursuant to this section.´´.