[Code of Federal Regulations][Title 45, Volume 4][Revised as of October 1, 2003]From the U.S. Government Printing Office via GPO Access[CITE: 45CFR1340]TITLE 45--PUBLIC WELFARE CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES PART 1340--CHILD ABUSE AND NEGLECT PREVENTION AND TREATMENT[Code of Federal Regulations][Title 45, Volume 4][Revised as of October 1, 2003]From the U.S. Government Printing Office via GPO Access[CITE: 45CFR1355] TITLE 45--PUBLIC WELFARE
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES Authority: 42 U.S.C. 620 et seq., 42 U.S.C. 670 et seq.; 42 U.S.C. 1302.[48 FR 23114, May 23, 1983, as amended at 57 FR 30429, July 9, 1992; 58 FR 67924, Dec. 22, 1993; 61 FR 58653, Nov. 18, 1996; 65 FR 4076, Jan. 25, 2000; 66 FR 58675, Nov. 23, 2001][48 FR 23114, May 23, 1983, as amended at 61 FR 58654, Nov. 18, 1996][61 FR 58654, Nov. 18, 1996, as amended at 66 FR 58675, Nov. 23, 2001][65 FR 4076, Jan. 25, 2000, as amended at 66 FR 58675, Nov. 23, 2001][65 FR 4077, Jan. 25, 2000, as amended at 66 FR 58675, Nov. 23, 2001][65 FR 4078, Jan. 25, 2000, as amended at 66 FR 58675, Nov. 23, 2001][65 FR 4080, Jan. 25, 2000, as amended at 66 FR 58675, Nov. 23, 2001][65 FR 4081, Jan. 25, 2000, as amended at 66 FR 58675, Nov. 23, 2001][65 FR 4082, Jan. 25, 2000][65 FR 4083, Jan. 25, 2000][58 FR 67945, Dec. 22, 1993][58 FR 67946, Dec. 22, 1993]Pub.L. 108-145 To reauthorize the adoption incentive payments program under part E of title IV of the Social Security Act, and for other purposesPub.L. 108-021 To prevent child abduction and the sexual exploitation of children, and for other purposes[DOCID: f:publ021.108] PROSECUTORIAL REMEDIES AND OTHER TOOLS TO END THE EXPLOITATION OF CHILDREN TODAY ACT OF 2003 Public Law 108-21 108th Congress An ActTo prevent child abduction and the sexual exploitation of children, and for other purposes. <<NOTE: Apr. 30, 2003 - [S. 151]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress <<NOTE: Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003. 18 USC 1 note.>> assembled,Short Title.--This Act may be cited as the ``Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003'' or ``PROTECT Act''. TITLE I--SANCTIONS AND OFFENSESSec. 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. TITLE II INVESTIGATIONS AND PROSECUTIONSSec. 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 III--PUBLIC OUTREACH Subtitle A--AMBER Alert Sec. 301. National coordination of AMBER alert communications network.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 ProgramSec. 341. Authorization. Subtitle D--Missing Children Procedures in Public Buildings Sec. 361. Short title.[[Page 117 STAT. 651]]Sec. 362. Definitions.Sec. 363. Procedures in public buildings regarding a missing or lost child. Subtitle E--Child Advocacy Center GrantsSec. 381. Information and documentation required by Attorney General under Victims of Child Abuse Act of 1990. TITLE IV--SENTENCING REFORM Sec. 401. Sentencing reform.TITLE V--OBSCENITY AND PORNOGRAPHY Subtitle A--Child Obscenity and Pornography Prevention 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. 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. TITLE III--PUBLIC OUTREACH Subtitle A--AMBER AlertSEC. 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) Incarrying out activities under subsection (a), the Coordinator may not interfere with the current system of voluntary coordination between localbroadcastersand 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, distributegrants 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.