H.R. 1104 - Child Abduction Prevention Act of 2003

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Tuesday, March 25, 2003.
FLOOR ACTION:ADOPTED BY VOICE VOTE, AFTER AGREEING ON THE PREVIOUS BY A RECORD VOTE OF 218-198on Wednesday, March 26, 2003.
MANAGERS: MYRICK/FROST
108th Congress
1st Session

H.R. 1104 –CHILD ABDUCTION PREVENTION ACT OF 2003

1. Structured rule.

2. Provides one hour of general debate, with 45 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary and 15 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Education and the Workforce.

3. Waives all points of order against consideration of the bill.

4. Provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as an original bill for the purpose of amendment and shall be considered as read.

5. Waives all points of order against the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill.

6. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution.

7. Provides that the amendments printed in the report shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for a division of the question in the House or in the Committee of the Whole.

8. Waives all points of order against the amendments printed in the report.

9. Provides one motion to recommit with or without instructions.

10. Provides that after passage of H.R. 1104, it shall be in order to consider in the House S. 151, to move to strike all after the enacting clause of S. 151, and to insert the provisions of H.R. 1104 as passed by the House.

11. Waives all points of order against consideration of the Senate bill and the motion to strike and insert.

12. Provides that if the motion is adopted and the Senate bill, as amended, is passed, it shall be in order to move that the House insist on its amendments and request a conference.

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RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1104) to prevent child abduction, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour, with 45 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary and 15 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Education and the Workforce. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. All points of order against the committee amendment in the nature of a substitute are waived. No amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. After passage of H.R. 1104, it shall be in order to consider in the House S. 151. All points of order against the Senate bill and against its consideration are waived. It shall be in order to move to strike all after the enacting clause of the Senate bill and to insert in lieu thereof the provisions of H.R. 1104 as passed by the House. All points of order against that motion are waived. If the motion is adopted and the Senate bill, as amended, is passed, then it shall be in order to move that the House insist on its amendments to S. 151 and request a conference with the Senate thereon.


SUMMARY OF AMENDMENTS PROPOSED TO BE MADE IN ORDER

1. Pence
Makes it a criminal act to knowingly use a misleading domain name with the intent to deceive a person into viewing obscenity on the Internet. Also makes it a criminal act to knowingly use a misleading domain name with the intent to deceive a minor into viewing material on the Internet that is harmful to minors. A domain name that includes a word or words to indicate the sexual content of the site is not considered misleading. (10 minutes)

2. Feeney
Places strict limits on departures from federal sentencing guidelines by allowing sentences outside the guideline range only upon grounds specifically enumerated as proper for departure. Requires courts to give specific and written reasons for any departure from federal sentencing guidelines. Changes the standard of review for appellate courts to a de novo review to allow appellate courts to more effectively review illegal and inappropriate downward departures from federal sentencing guidelines. Prevents sentencing courts, upon remand, from imposing the same illegal departure on a different theory. Only allows courts to reduce a person’s sentence for “acceptance of responsibility” when the government agrees with that finding. Amends sentencing guidelines with regard to the penalties for possession of child pornography by increasing penalties if the offense involved material that portrays sadistic or masochistic conduct or other depictions of violence and by increasing penalties based on the amount of child pornography involved in the offense. (20 minutes)

3. Pomeroy
Re-authorizes grant programs within the Victims of Child Abuse Act that provide funding to child advocacy centers and training and technical assistance to programs to improve the prosecution of child abuse cases. Adds tools for the Department of Justice to evaluate these grant programs to ensure effective use of the funds provided. (10 minutes)

4. Foley
Requires AMBER Alert coordinator to submit a report by March 1, 2005, to Congress on the effectiveness and status of the AMBER Alert plans that each state has implemented. Establishes $5 million grant program to assist states in implementing new technologies designed to improve the dissemination of AMBER Alerts. (10 minutes)

5. Carter
Provides a feasibility study of issues relating to background checks for volunteers of groups that work with children, the disabled, and the elderly. (10 minutes)

6. Lampson
Provides explicit statutory jurisdiction to the U.S. Secret Service to continue to provide forensic and investigative support upon request from local law enforcement or from the National Center for Missing and Exploited Children (NCMEC). (10 minutes)

7. Acevedo-Vila
Requires certain procedures to be established and followed when a child is reported lost or missing in a public building. Commonly known as a “Code Adam” alert. (10 minutes)

8. Smith (TX)
Narrows definition of child pornography in response to Ashcroft v. the Free Speech Coalition. Creates new obscenity offenses to cover virtual and real child pornography that involves visual depictions of pre-pubescent children and minors. Creates a new offense against pandering visual depictions as child pornography and strengthens penalties for repeat offenders. Includes new findings that detail the effect of the Supreme Court decision on child pornography cases, as well as some technical changes. Requires the Attorney General to report on the Department of Justice’s efforts to enforce the record-keeping requirements for producers of adult material to demonstrate they are not using minors. (20 minutes)

TEXT OF THE AMENDMENTS(.pdf)

1. Pence

2. Feeney

3. Pomeroy

4. Foley

5. Carter

6. Lampson

7. Acevedo-Vila