[109th Congress Public Law 248]
[From the U.S. Government Printing Office]
[DOCID: f:publ248.109]
[[Page 120 STAT. 587]]
Public Law 109-248
109th Congress
An Act
To protect children from sexual exploitation and violent crime, to
prevent child abuse and child pornography, to promote Internet safety,
and to honor the memory of Adam Walsh and other child crime
victims. <<NOTE: July 27, 2006 - [H.R. 4472]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Adam Walsh Child
Protection and Safety Act of 2006. 42 USC 16901 note.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Adam Walsh Child
Protection and Safety Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. In recognition of John and Reve Walsh on the occasion of the
25th anniversary of Adam Walsh's abduction and murder.
TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT
Sec. 101. Short title.
Sec. 102. Declaration of purpose.
Sec. 103. Establishment of program.
Subtitle A--Sex Offender Registration and Notification
Sec. 111. Relevant definitions, including Amie Zyla expansion of sex
offender
definition and expanded inclusion of child predators.
Sec. 112. Registry requirements for jurisdictions.
Sec. 113. Registry requirements for sex offenders.
Sec. 114. Information required in registration.
Sec. 115. Duration of registration requirement.
Sec. 116. Periodic in person verification.
Sec. 117. Duty to notify sex offenders of registration requirements and
to register.
Sec. 118. Public access to sex offender information through the
Internet.
Sec. 119. National Sex Offender Registry.
Sec. 120. Dru Sjodin National Sex Offender Public Website.
Sec. 121. Megan Nicole Kanka and Alexandra Nicole Zapp Community
Notification Program.
Sec. 122. Actions to be taken when sex offender fails to comply.
Sec. 123. Development and availability of registry management and
website software.
Sec. 124. Period for implementation by jurisdictions.
Sec. 125. Failure of jurisdiction to comply.
Sec. 126. Sex Offender Management Assistance (SOMA) Program.
Sec. 127. Election by Indian tribes.
Sec. 128. Registration of sex offenders entering the United States.
Sec. 129. Repeal of predecessor sex offender program.
Sec. 130. Limitation on liability for the National Center for Missing
and Exploited Children.
Sec. 131. Immunity for good faith conduct.
Subtitle B--Improving Federal Criminal Law Enforcement To Ensure Sex
Offender Compliance With Registration and Notification Requirements and
Protection of Children From Violent Predators
Sec. 141. Amendments to title 18, United States Code, relating to sex
offender
registration.
[[Page 120 STAT. 588]]
Sec. 142. Federal assistance with respect to violations of registration
requirements.
Sec. 143. Project Safe Childhood.
Sec. 144. Federal assistance in identification and location of sex
offenders relocated as a result of a major disaster.
Sec. 145. Expansion of training and technology efforts.
Sec. 146. Office of Sex Offender Sentencing, Monitoring, Apprehending,
Registering, and Tracking.
Subtitle C--Access to Information and Resources Needed To Ensure That
Children Are Not Attacked or Abused
Sec. 151. Access to national crime information databases.
Sec. 152. Requirement to complete background checks before approval of
any foster or adoptive placement and to check national crime
information databases and State child abuse registries;
suspension and subsequent elimination of Opt-Out.
Sec. 153. Schools Safe Act.
Sec. 154. Missing child reporting requirements.
Sec. 155. DNA fingerprinting.
TITLE II--FEDERAL CRIMINAL LAW ENHANCEMENTS NEEDED TO PROTECT CHILDREN
FROM SEXUAL ATTACKS AND OTHER VIOLENT CRIMES
Sec. 201. Prohibition on Internet sales of date rape drugs.
Sec. 202. Jetseta Gage assured punishment for violent crimes against
children.
Sec. 203. Penalties for coercion and enticement by sex offenders.
Sec. 204. Penalties for conduct relating to child prostitution.
Sec. 205. Penalties for sexual abuse.
Sec. 206. Increased penalties for sexual offenses against children.
Sec. 207. Sexual abuse of wards.
Sec. 208. Mandatory penalties for sex-trafficking of children.
Sec. 209. Child abuse reporting.
Sec. 210. Sex offender submission to search as condition of release.
Sec. 211. No limitation for prosecution of felony sex offenses.
Sec. 212. Victims' rights associated with habeas corpus proceedings.
Sec. 213. Kidnapping jurisdiction.
Sec. 214. Marital communication and adverse spousal privilege.
Sec. 215. Abuse and neglect of Indian children.
Sec. 216. Improvements to the Bail Reform Act to address sex crimes and
other matters.
TITLE III--CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS
Sec. 301. Jimmy Ryce State civil commitment programs for sexually
dangerous persons.
Sec. 302. Jimmy Ryce civil commitment program.
TITLE IV--IMMIGRATION LAW REFORMS TO PREVENT SEX OFFENDERS FROM ABUSING
CHILDREN
Sec. 401. Failure to register a deportable offense.
Sec. 402. Barring convicted sex offenders from having family-based
petitions approved.
TITLE V--CHILD PORNOGRAPHY PREVENTION
Sec. 501. Findings.
Sec. 502. Other record keeping requirements.
Sec. 503. Record keeping requirements for simulated sexual conduct.
Sec. 504. Prevention of distribution of child pornography used as
evidence in prosecutions.
Sec. 505. Authorizing civil and criminal asset forfeiture in child
exploitation and obscenity cases.
Sec. 506. Prohibiting the production of obscenity as well as
transportation, distribution, and sale.
Sec. 507. Guardians ad litem.
TITLE VI--GRANTS, STUDIES, AND PROGRAMS FOR CHILDREN AND COMMUNITY
SAFETY
Subtitle A--Mentoring Matches for Youth Act
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Grant program for expanding Big Brothers Big Sisters mentoring
program.
[[Page 120 STAT. 589]]
Sec. 604. Biannual report.
Sec. 605. Authorization of appropriations.
Subtitle B--National Police Athletic League Youth Enrichment Act
Sec. 611. Short title.
Sec. 612. Findings.
Sec. 613. Purpose.
Sec. 614. Grants authorized.
Sec. 615. Use of funds.
Sec. 616. Authorization of appropriations.
Sec. 617. Name of League.
Subtitle C--Grants, Studies, and Other Provisions
Sec. 621. Pilot program for monitoring sexual offenders.
Sec. 622. Treatment and management of sex offenders in the Bureau of
Prisons.
Sec. 623. Sex offender apprehension grants; juvenile sex offender
treatment grants.
Sec. 624. Assistance for prosecution of cases cleared through use of DNA
backlog clearance funds.
Sec. 625. Grants to combat sexual abuse of children.
Sec. 626. Crime prevention campaign grant.
Sec. 627. Grants for fingerprinting programs for children.
Sec. 628. Grants for Rape, Abuse & Incest National Network.
Sec. 629. Children's safety online awareness campaigns.
Sec. 630. Grants for online child safety programs.
Sec. 631. Jessica Lunsford Address Verification Grant Program.
Sec. 632. Fugitive safe surrender.
Sec. 633. National registry of substantiated cases of child abuse.
Sec. 634. Comprehensive examination of sex offender issues.
Sec. 635. Annual report on enforcement of registration requirements.
Sec. 636. Government Accountability Office studies on feasibility of
using driver's license registration processes as additional
registration requirements for sex offenders.
Sec. 637. Sex offender risk classification study.
Sec. 638. Study of the effectiveness of restricting the activities of
sex offenders to reduce the occurrence of repeat offenses.
Sec. 639. The justice for Crime Victims Family Act.
TITLE VII--INTERNET SAFETY ACT
Sec. 701. Child exploitation enterprises.
Sec. 702. Increased penalties for registered sex offenders.
Sec. 703. Deception by embedded words or images.
Sec. 704. Additional prosecutors for offenses relating to the sexual
exploitation of children.
Sec. 705. Additional computer-related resources.
Sec. 706. Additional ICAC Task Forces.
Sec. 707. Masha's Law.
SEC. 2. IN RECOGNITION OF JOHN AND REVE WALSH ON THE OCCASION OF THE
25TH ANNIVERSARY OF ADAM WALSH'S ABDUCTION AND MURDER.
(a) Adam Walsh's Abduction and Murder.--On July 27, 1981, in
Hollywood, Florida, 6-year-old Adam Walsh was abducted at a mall. Two
weeks later, some of Adam's remains were discovered in a canal more than
100 miles from his home.
(b) John and Reve Walsh's Commitment to the Safety of Children.--
Since the abduction and murder of their son Adam, both John and Reve
Walsh have dedicated themselves to protecting children from child
predators, preventing attacks on our children, and bringing child
predators to justice. Their commitment has saved the lives of numerous
children. Congress, and the American people, honor John and Reve Walsh
for their dedication to the well-being and safety of America's children.
[[Page 120 STAT. 590]]
TITLE <<NOTE: Sex Offender Registration and Notification Act.>> I--SEX
OFFENDER REGISTRATION AND NOTIFICATION ACT
SEC. 101. <<NOTE: 42 USC 16901 note.>> SHORT TITLE.
This title may be cited as the ``Sex Offender Registration and
Notification Act''.
SEC. 102. <<NOTE: 42 USC 16901.>> DECLARATION OF PURPOSE.
In order to protect the public from sex offenders and offenders
against children, and in response to the vicious attacks by violent
predators against the victims listed below, Congress in this Act
establishes a comprehensive national system for the registration of
those offenders:
(1) <<NOTE: Jacob Wetterling.>> Jacob Wetterling, who was 11
years old, was abducted in 1989 in Minnesota, and remains
missing.
(2) <<NOTE: Megan Nicole Kanka.>> Megan Nicole Kanka, who
was 7 years old, was abducted, sexually assaulted, and murdered
in 1994, in New Jersey.
(3) <<NOTE: Pam Lychner.>> Pam Lychner, who was 31 years
old, was attacked by a career offender in Houston, Texas.
(4) Jetseta Gage, who was 10 years old, was kidnapped,
sexually assaulted, and murdered in 2005, in Cedar Rapids, Iowa.
(5) <<NOTE: Dru Sjodin.>> Dru Sjodin, who was 22 years old,
was sexually assaulted and murdered in 2003, in North Dakota.
(6) <<NOTE: Jessica Lunsford.>> Jessica Lunsford, who was 9
years old, was abducted, sexually assaulted, buried alive, and
murdered in 2005, in Homosassa, Florida.
(7) <<NOTE: Sarah Lunde.>> Sarah Lunde, who was 13 years
old, was strangled and murdered in 2005, in Ruskin, Florida.
(8) <<NOTE: Amie Zyla.>> Amie Zyla, who was 8 years old, was
sexually assaulted in 1996 by a juvenile offender in Waukesha,
Wisconsin, and has become an advocate for child victims and
protection of children from juvenile sex offenders.
(9) <<NOTE: Christy Ann Fornoff.>> Christy Ann Fornoff, who
was 13 years old, was abducted, sexually assaulted, and murdered
in 1984, in Tempe, Arizona.
(10) <<NOTE: Alexandra Nicole Zapp.>> Alexandra Nicole Zapp,
who was 30 years old, was brutally attacked and murdered in a
public restroom by a repeat sex offender in 2002, in
Bridgewater, Massachusetts.
(11) <<NOTE: Polly Klaas.>> Polly Klaas, who was 12 years
old, was abducted, sexually assaulted, and murdered in 1993 by a
career offender in California.
(12) <<NOTE: Jimmy Ryce.>> Jimmy Ryce, who was 9 years old,
was kidnapped and murdered in Florida on September 11, 1995.
(13) <<NOTE: Carlie Brucia.>> Carlie Brucia, who was 11
years old, was abducted and murdered in Florida in February,
2004.
(14) <<NOTE: Amanda Brown.>> Amanda Brown, who was 7 years
old, was abducted and murdered in Florida in 1998.
(15) <<NOTE: Elizabeth Smart.>> Elizabeth Smart, who was 14
years old, was abducted in Salt Lake City, Utah in June 2002.
(16) <<NOTE: Molly Bish.>> Molly Bish, who was 16 years old,
was abducted in 2000 while working as a lifeguard in Warren,
Massachusetts, where her remains were found 3 years later.
[[Page 120 STAT. 591]]
(17) <<NOTE: Samantha Runnion.>> Samantha Runnion, who was 5
years old, was abducted, sexually assaulted, and murdered in
California on July 15, 2002.
SEC. 103. <<NOTE: 42 USC 16902.>> ESTABLISHMENT OF PROGRAM.
This Act establishes the Jacob Wetterling, Megan Nicole Kanka, and
Pam Lychner Sex Offender Registration and Notification Program.
Subtitle A--Sex Offender Registration and Notification
SEC. 111. <<NOTE: 42 USC 16911.>> RELEVANT DEFINITIONS, INCLUDING AMIE
ZYLA EXPANSION OF SEX OFFENDER DEFINITION AND EXPANDED
INCLUSION OF CHILD PREDATORS.
In this title the following definitions apply:
(1) Sex offender.--The term ``sex offender'' means an
individual who was convicted of a sex offense.
(2) Tier i sex offender.--The term ``tier I sex offender''
means a sex offender other than a tier II or tier III sex
offender.
(3) Tier ii sex offender.--The term ``tier II sex offender''
means a sex offender other than a tier III sex offender whose
offense is punishable by imprisonment for more than 1 year and--
(A) is comparable to or more severe than the
following offenses, when committed against a minor, or
an attempt or conspiracy to commit such an offense
against a minor:
(i) sex trafficking (as described in section
1591 of title 18, United States Code);
(ii) coercion and enticement (as described in
section 2422(b) of title 18, United States Code);
(iii) transportation with intent to engage in
criminal sexual activity (as described in section
2423(a)) of title 18, United States Code;
(iv) abusive sexual contact (as described in
section 2244 of title 18, United States Code);
(B) involves--
(i) use of a minor in a sexual performance;
(ii) solicitation of a minor to practice
prostitution; or
(iii) production or distribution of child
pornography; or
(C) occurs after the offender becomes a tier I sex
offender.
(4) Tier iii sex offender.--The term ``tier III sex
offender'' means a sex offender whose offense is punishable by
imprisonment for more than 1 year and--
(A) is comparable to or more severe than the
following offenses, or an attempt or conspiracy to
commit such an offense:
(i) aggravated sexual abuse or sexual abuse
(as described in sections 2241 and 2242 of title
18, United States Code); or
(ii) abusive sexual contact (as described in
section 2244 of title 18, United States Code)
against a minor who has not attained the age of 13
years;
[[Page 120 STAT. 592]]
(B) involves kidnapping of a minor (unless committed
by a parent or guardian); or
(C) occurs after the offender becomes a tier II sex
offender.
(5) Amie zyla expansion of sex offense definition.--
(A) Generally.--Except as limited by subparagraph
(B) or (C), the term ``sex offense'' means--
(i) a criminal offense that has an element
involving a sexual act or sexual contact with
another;
(ii) a criminal offense that is a specified
offense against a minor;
(iii) a Federal offense (including an offense
prosecuted under section 1152 or 1153 of title 18,
United States Code) under section 1591, or chapter
109A, 110 (other than section 2257, 2257A, or
2258), or 117, of title 18, United States Code;
(iv) a military offense specified by the
Secretary of Defense under section 115(a)(8)(C)(i)
of Public Law 105-119 (10 U.S.C. 951 note); or
(v) an attempt or conspiracy to commit an
offense described in clauses (i) through (iv).
(B) Foreign convictions.--A foreign conviction is
not a sex offense for the purposes of this title if it
was not obtained with sufficient safeguards for
fundamental fairness and due process for the accused
under guidelines or regulations established under
section 112.
(C) Offenses involving consensual sexual conduct.--
An offense involving consensual sexual conduct is not a
sex offense for the purposes of this title if the victim
was an adult, unless the adult was under the custodial
authority of the offender at the time of the offense, or
if the victim was at least 13 years old and the offender
was not more than 4 years older than the victim.
(6) Criminal offense.--The term ``criminal offense'' means a
State, local, tribal, foreign, or military offense (to the
extent specified by the Secretary of Defense under section
115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note)) or
other criminal offense.
(7) Expansion of definition of ``specified offense against a
minor'' to include all offenses by child predators.--The term
``specified offense against a minor'' means an offense against a
minor that involves any of the following:
(A) An offense (unless committed by a parent or
guardian) involving kidnapping.
(B) An offense (unless committed by a parent or
guardian) involving false imprisonment.
(C) Solicitation to engage in sexual conduct.
(D) Use in a sexual performance.
(E) Solicitation to practice prostitution.
(F) Video voyeurism as described in section 1801 of
title 18, United States Code.
(G) Possession, production, or distribution of child
pornography.
(H) Criminal sexual conduct involving a minor, or
the use of the Internet to facilitate or attempt such
conduct.
(I) Any conduct that by its nature is a sex offense
against a minor.
[[Page 120 STAT. 593]]
(8) Convicted as including certain juvenile adjudications.--
The term ``convicted'' or a variant thereof, used with respect
to a sex offense, includes adjudicated delinquent as a juvenile
for that offense, but only if the offender is 14 years of age or
older at the time of the offense and the offense adjudicated was
comparable to or more severe than aggravated sexual abuse (as
described in section 2241 of title 18, United States Code), or
was an attempt or conspiracy to commit such an offense.
(9) Sex offender registry.--The term ``sex offender
registry'' means a registry of sex offenders, and a notification
program, maintained by a jurisdiction.
(10) Jurisdiction.--The term ``jurisdiction'' means any of
the following:
(A) A State.
(B) The District of Columbia.
(C) The Commonwealth of Puerto Rico.
(D) Guam.
(E) American Samoa.
(F) The Northern Mariana Islands.
(G) The United States Virgin Islands.
(H) To the extent provided and subject to the
requirements of section 127, a federally recognized
Indian tribe.
(11) Student.--The term ``student'' means an individual who
enrolls in or attends an educational institution, including
(whether public or private) a secondary school, trade or
professional school, and institution of higher education.
(12) Employee.--The term ``employee'' includes an individual
who is self-employed or works for any other entity, whether
compensated or not.
(13) Resides.--The term ``resides'' means, with respect to
an individual, the location of the individual's home or other
place where the individual habitually lives.
(14) Minor.--The term ``minor'' means an individual who has
not attained the age of 18 years.
SEC. 112. <<NOTE: 42 USC 16912.>> REGISTRY REQUIREMENTS FOR
JURISDICTIONS.
(a) Jurisdiction To Maintain a Registry.--Each jurisdiction shall
maintain a jurisdiction-wide sex offender registry conforming to the
requirements of this title.
(b) Guidelines and Regulations.--The Attorney General shall issue
guidelines and regulations to interpret and implement this title.
SEC. 113. <<NOTE: 42 USC 16913.>> REGISTRY REQUIREMENTS FOR SEX
OFFENDERS.
(a) In General.--A sex offender shall register, and keep the
registration current, in each jurisdiction where the offender resides,
where the offender is an employee, and where the offender is a student.
For initial registration purposes only, a sex offender shall also
register in the jurisdiction in which convicted if such jurisdiction is
different from the jurisdiction of residence.
(b) Initial Registration.--The sex offender shall initially reg-
ister--
(1) before completing a sentence of imprisonment with
respect to the offense giving rise to the registration
requirement; or
[[Page 120 STAT. 594]]
(2) <<NOTE: Deadline.>> not later than 3 business days after
being sentenced for that offense, if the sex offender is not
sentenced to a term of imprisonment.
(c) Keeping the Registration Current.--A <<NOTE: Deadline.>> sex
offender shall, not later than 3 business days after each change of
name, residence, employment, or student status, appear in person in at
least 1 jurisdiction involved pursuant to subsection (a) and inform that
jurisdiction of all changes in the information required for that
offender in the sex offender registry. That jurisdiction shall
immediately provide that information to all other jurisdictions in which
the offender is required to register.
(d) Initial Registration of Sex Offenders Unable To Comply With
Subsection (b).--The <<NOTE: Applicability. Regulations.>> Attorney
General shall have the authority to specify the applicability of the
requirements of this title to sex offenders convicted before the
enactment of this Act or its implementation in a particular
jurisdiction, and to prescribe rules for the registration of any such
sex offenders and for other categories of sex offenders who are unable
to comply with subsection (b).
(e) State Penalty for Failure To Comply.--Each jurisdiction, other
than a Federally recognized Indian tribe, shall provide a criminal
penalty that includes a maximum term of imprisonment that is greater
than 1 year for the failure of a sex offender to comply with the
requirements of this title.
SEC. 114. <<NOTE: 42 USC 16914.>> INFORMATION REQUIRED IN REGISTRATION.
(a) Provided by the Offender.--The sex offender shall provide the
following information to the appropriate official for inclusion in the
sex offender registry:
(1) The name of the sex offender (including any alias used
by the individual).
(2) The Social Security number of the sex offender.
(3) The address of each residence at which the sex offender
resides or will reside.
(4) The name and address of any place where the sex offender
is an employee or will be an employee.
(5) The name and address of any place where the sex offender
is a student or will be a student.
(6) The license plate number and a description of any
vehicle owned or operated by the sex offender.
(7) Any other information required by the Attorney General.
(b) Provided by the Jurisdiction.--The jurisdiction in which the sex
offender registers shall ensure that the following information is
included in the registry for that sex offender:
(1) A physical description of the sex offender.
(2) The text of the provision of law defining the criminal
offense for which the sex offender is registered.
(3) The criminal history of the sex offender, including the
date of all arrests and convictions; the status of parole,
probation, or supervised release; registration status; and the
existence of any outstanding arrest warrants for the sex
offender.
(4) A current photograph of the sex offender.
(5) A set of fingerprints and palm prints of the sex
offender.
(6) A DNA sample of the sex offender.
(7) A photocopy of a valid driver's license or
identification card issued to the sex offender by a
jurisdiction.
(8) Any other information required by the Attorney General.
[[Page 120 STAT. 595]]
SEC. 115. <<NOTE: 42 USC 16915.>> DURATION OF REGISTRATION REQUIREMENT.
(a) Full Registration Period.--A sex offender shall keep the
registration current for the full registration period (excluding any
time the sex offender is in custody or civilly committed) unless the
offender is allowed a reduction under subsection (b). The full
registration period is--
(1) 15 years, if the offender is a tier I sex offender;
(2) 25 years, if the offender is a tier II sex offender; and
(3) the life of the offender, if the offender is a tier III
sex offender.
(b) Reduced Period for Clean Record.--
(1) Clean record.--The full registration period shall be
reduced as described in paragraph (3) for a sex offender who
maintains a clean record for the period described in paragraph
(2) by--
(A) not being convicted of any offense for which
imprisonment for more than 1 year may be imposed;
(B) not being convicted of any sex offense;
(C) successfully completing any periods of
supervised release, probation, and parole; and
(D) successfully completing of an appropriate sex
offender treatment program certified by a jurisdiction
or by the Attorney General.
(2) Period.--In the case of--
(A) a tier I sex offender, the period during which
the clean record shall be maintained is 10 years; and
(B) a tier III sex offender adjudicated delinquent
for the offense which required registration in a sex
registry under this title, the period during which the
clean record shall be maintained is 25 years.
(3) Reduction.--In the case of--
(A) a tier I sex offender, the reduction is 5 years;
(B) a tier III sex offender adjudicated delinquent,
the reduction is from life to that period for which the
clean record under paragraph (2) is maintained.
SEC. 116. <<NOTE: 42 USC 16916.>> PERIODIC IN PERSON VERIFICATION.
A sex offender shall appear in person, allow the jurisdiction to
take a current photograph, and verify the information in each registry
in which that offender is required to be registered not less frequently
than--
(1) each year, if the offender is a tier I sex offender;
(2) every 6 months, if the offender is a tier II sex
offender; and
(3) every 3 months, if the offender is a tier III sex
offender.
SEC. 117. <<NOTE: 42 USC 16917.>> DUTY TO NOTIFY SEX OFFENDERS OF
REGISTRATION REQUIREMENTS AND TO REGISTER.
(a) In General.--An appropriate official shall, shortly before
release of the sex offender from custody, or, if the sex offender is not
in custody, immediately after the sentencing of the sex offender, for
the offense giving rise to the duty to register--
(1) inform the sex offender of the duties of a sex offender
under this title and explain those duties;
(2) require the sex offender to read and sign a form stating
that the duty to register has been explained and that the sex
offender understands the registration requirement; and
[[Page 120 STAT. 596]]
(3) ensure that the sex offender is registered.
(b) Notification of Sex Offenders Who Cannot Comply With Subsection
(a).--The <<NOTE: Regulations.>> Attorney General shall prescribe rules
for the notification of sex offenders who cannot be registered in
accordance with subsection (a).
SEC. 118. <<NOTE: 42 USC 16918.>> PUBLIC ACCESS TO SEX OFFENDER
INFORMATION THROUGH THE INTERNET.
(a) In General.--Except as provided in this section, each
jurisdiction shall make available on the Internet, in a manner that is
readily accessible to all jurisdictions and to the public, all
information about each sex offender in the registry. The jurisdiction
shall maintain the Internet site in a manner that will permit the public
to obtain relevant information for each sex offender by a single query
for any given zip code or geographic radius set by the user. The
jurisdiction shall also include in the design of its Internet site all
field search capabilities needed for full participation in the Dru
Sjodin National Sex Offender Public Website and shall participate in
that website as provided by the Attorney General.
(b) Mandatory Exemptions.--A jurisdiction shall exempt from
disclosure--
(1) the identity of any victim of a sex offense;
(2) the Social Security number of the sex offender;
(3) any reference to arrests of the sex offender that did
not result in conviction; and
(4) any other information exempted from disclosure by the
Attorney General.
(c) Optional Exemptions.--A jurisdiction may exempt from
disclosure--
(1) any information about a tier I sex offender convicted of
an offense other than a specified offense against a minor;
(2) the name of an employer of the sex offender;
(3) the name of an educational institution where the sex
offender is a student; and
(4) any other information exempted from disclosure by the
Attorney General.
(d) Links.--The site shall include, to the extent practicable, links
to sex offender safety and education resources.
(e) Correction of Errors.--The site shall include instructions on
how to seek correction of information that an individual contends is
erroneous.
(f) Warning.--The site shall include a warning that information on
the site should not be used to unlawfully injure, harass, or commit a
crime against any individual named in the registry or residing or
working at any reported address. The warning shall note that any such
action could result in civil or criminal penalties.
SEC. 119. <<NOTE: 42 USC 16919.>> NATIONAL SEX OFFENDER REGISTRY.
(a) Internet.--The Attorney General shall maintain a national
database at the Federal Bureau of Investigation for each sex offender
and any other person required to register in a jurisdiction's sex
offender registry. The database shall be known as the National Sex
Offender Registry.
(b) Electronic Forwarding.--The Attorney General shall ensure
(through the National Sex Offender Registry or otherwise) that updated
information about a sex offender is immediately transmitted by
electronic forwarding to all relevant jurisdictions.
[[Page 120 STAT. 597]]
SEC. 120. <<NOTE: 42 USC 16920.>> DRU SJODIN NATIONAL SEX OFFENDER
PUBLIC WEBSITE.
(a) Establishment.--There is established the Dru Sjodin National Sex
Offender Public Website (hereinafter in this section referred to as the
``Website''), which the Attorney General shall maintain.
(b) Information To Be Provided.--The Website shall include relevant
information for each sex offender and other person listed on a
jurisdiction's Internet site. The Website shall allow the public to
obtain relevant information for each sex offender by a single query for
any given zip code or geographical radius set by the user in a form and
with such limitations as may be established by the Attorney General and
shall have such other field search capabilities as the Attorney General
may provide.
SEC. 121. <<NOTE: 42 USC 16921.>> MEGAN NICOLE KANKA AND ALEXANDRA
NICOLE ZAPP COMMUNITY NOTIFICATION PROGRAM.
(a) Establishment of Program.--There is established the Megan Nicole
Kanka and Alexandra Nicole Zapp Community Notification Program
(hereinafter in this section referred to as the ``Program'').
(b) Program Notification.--Except as provided in subsection (c),
immediately after a sex offender registers or updates a registration, an
appropriate official in the jurisdiction shall provide the information
in the registry (other than information exempted from disclosure by the
Attorney General) about that offender to the following:
(1) The Attorney General, who shall include that information
in the National Sex Offender Registry or other appropriate
databases.
(2) Appropriate law enforcement agencies (including
probation agencies, if appropriate), and each school and public
housing agency, in each area in which the individual resides, is
an employee or is a student.
(3) Each jurisdiction where the sex offender resides, is an
employee, or is a student, and each jurisdiction from or to
which a change of residence, employment, or student status
occurs.
(4) Any agency responsible for conducting employment-related
background checks under section 3 of the National Child
Protection Act of 1993 (42 U.S.C. 5119a).
(5) Social service entities responsible for protecting
minors in the child welfare system.
(6) Volunteer organizations in which contact with minors or
other vulnerable individuals might occur.
(7) Any organization, company, or individual who requests
such notification pursuant to procedures established by the
jurisdiction.
(c) Frequency.--Notwithstanding subsection (b), an organization or
individual described in subsection (b)(6) or (b)(7) may opt to receive
the notification described in that subsection no less frequently than
once every five business days.
SEC. 122. <<NOTE: 42 USC 16922.>> ACTIONS TO BE TAKEN WHEN SEX OFFENDER
FAILS TO COMPLY.
An <<NOTE: Notification.>> appropriate official shall notify the
Attorney General and appropriate law enforcement agencies of any failure
by a sex offender to comply with the requirements of a registry and
revise
[[Page 120 STAT. 598]]
the jurisdiction's registry to reflect the nature of that failure. The
appropriate official, the Attorney General, and each such law
enforcement agency shall take any appropriate action to ensure
compliance.
SEC. 123. <<NOTE: 42 USC 16923.>> DEVELOPMENT AND AVAILABILITY OF
REGISTRY MANAGEMENT AND WEBSITE SOFTWARE.
(a) Duty To Develop and Support.--The Attorney General shall, in
consultation with the jurisdictions, develop and support software to
enable jurisdictions to establish and operate uniform sex offender
registries and Internet sites.
(b) Criteria.--The software should facilitate--
(1) immediate exchange of information among jurisdictions;
(2) public access over the Internet to appropriate
information, including the number of registered sex offenders in
each jurisdiction on a current basis;
(3) full compliance with the requirements of this title; and
(4) communication of information to community notification
program participants as required under section 121.
(c) Deadline.--The Attorney General shall make the first complete
edition of this software available to jurisdictions within 2 years of
the date of the enactment of this Act.
SEC. 124. <<NOTE: 42 USC 16924.>> PERIOD FOR IMPLEMENTATION BY
JURISDICTIONS.
(a) Deadline.--Each jurisdiction shall implement this title before
the later of--
(1) 3 years after the date of the enactment of this Act; and
(2) 1 year after the date on which the software described in
section 123 is available.
(b) Extensions.--The Attorney General may authorize up to two 1-year
extensions of the deadline.
SEC. 125. <<NOTE: 42 USC 16925.>> FAILURE OF JURISDICTION TO COMPLY.
(a) In General.--For any fiscal year after the end of the period for
implementation, a jurisdiction that fails, as determined by the Attorney
General, to substantially implement this title shall not receive 10
percent of the funds that would otherwise be allocated for that fiscal
year to the jurisdiction under subpart 1 of part E of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et
seq.).
(b) State Constitutionality.--
(1) In general.--When evaluating whether a jurisdiction has
substantially implemented this title, the Attorney General shall
consider whether the jurisdiction is unable to substantially
implement this title because of a demonstrated inability to
implement certain provisions that would place the jurisdiction
in violation of its constitution, as determined by a ruling of
the jurisdiction's highest court.
(2) Efforts.--If the circumstances arise under paragraph
(1), then the Attorney General and the jurisdiction shall make
good faith efforts to accomplish substantial implementation of
this title and to reconcile any conflicts between this title and
the jurisdiction's constitution. In considering whether
compliance with the requirements of this title would likely
violate the jurisdiction's constitution or an interpretation
thereof by the jurisdiction's highest court, the Attorney
General
[[Page 120 STAT. 599]]
shall consult with the chief executive and chief legal officer
of the jurisdiction concerning the jurisdiction's interpretation
of the jurisdiction's constitution and rulings thereon by the
jurisdiction's highest court.
(3) Alternative procedures.--If the jurisdiction is unable
to substantially implement this title because of a limitation
imposed by the jurisdiction's constitution, the Attorney General
may determine that the jurisdiction is in compliance with this
Act if the jurisdiction has made, or is in the process of
implementing reasonable alternative procedures or
accommodations, which are consistent with the purposes of this
Act.
(4) Funding reduction.--If a jurisdiction does not comply
with paragraph (3), then the jurisdiction shall be subject to a
funding reduction as specified in subsection (a).
(c) Reallocation.--Amounts not allocated under a program referred to
in this section to a jurisdiction for failure to substantially implement
this title shall be reallocated under that program to jurisdictions that
have not failed to substantially implement this title or may be
reallocated to a jurisdiction from which they were withheld to be used
solely for the purpose of implementing this title.
(d) Rule of Construction.--The provisions of this title that are
cast as directions to jurisdictions or their officials constitute, in
relation to States, only conditions required to avoid the reduction of
Federal funding under this section.
SEC. 126. <<NOTE: 42 USC 16926.>> SEX OFFENDER MANAGEMENT ASSISTANCE
(SOMA) PROGRAM.
(a) In General.--The Attorney General shall establish and implement
a Sex Offender Management Assistance program (in this title referred to
as the ``SOMA program''), under which the Attorney General may award a
grant to a jurisdiction to offset the costs of implementing this title.
(b) Application.--The chief executive of a jurisdiction desiring a
grant under this section shall, on an annual basis, submit to the
Attorney General an application in such form and containing such
information as the Attorney General may require.
(c) Bonus Payments for Prompt Compliance.--
A <<NOTE: Deadlines.>> jurisdiction that, as determined by the Attorney
General, has substantially implemented this title not later than 2 years
after the date of the enactment of this Act is eligible for a bonus
payment. The Attorney General may make such a payment under the SOMA
program for the first fiscal year beginning after that determination.
The amount of the payment shall be--
(1) 10 percent of the total received by the jurisdiction
under the SOMA program for the preceding fiscal year, if that
implementation is not later than 1 year after the date of
enactment of this Act; and
(2) 5 percent of such total, if not later than 2 years after
that date.
(d) Authorization of Appropriations.--In addition to any amounts
otherwise authorized to be appropriated, there are authorized to be
appropriated such sums as may be necessary to the Attorney General, to
be available only for the SOMA program, for fiscal years 2007 through
2009.
SEC. 127. <<NOTE: 42 USC 16927.>> ELECTION BY INDIAN TRIBES.
(a) Election.--
[[Page 120 STAT. 600]]
(1) In general.--A federally recognized Indian tribe may, by
resolution or other enactment of the tribal council or
comparable governmental body--
(A) elect to carry out this subtitle as a
jurisdiction subject to its provisions; or
(B) elect to delegate its functions under this
subtitle to another jurisdiction or jurisdictions within
which the territory of the tribe is located and to
provide access to its territory and such other
cooperation and assistance as may be needed to enable
such other jurisdiction or jurisdictions to carry out
and enforce the requirements of this subtitle.
(2) Imputed election in certain cases.--A tribe shall be
treated as if it had made the election described in paragraph
(1)(B) if--
(A) it is a tribe subject to the law enforcement
jurisdiction of a State under section 1162 of title 18,
United States Code;
(B) the tribe does not make an election under
paragraph (1) within 1 year of the enactment of this Act
or rescinds an election under paragraph (1)(A); or
(C) the Attorney General determines that the tribe
has not substantially implemented the requirements of
this subtitle and is not likely to become capable of
doing so within a reasonable amount of time.
(b) Cooperation Between Tribal Authorities and Other
Jurisdictions.--
(1) Nonduplication.--A tribe subject to this subtitle is not
required to duplicate functions under this subtitle which are
fully carried out by another jurisdiction or jurisdictions
within which the territory of the tribe is located.
(2) Cooperative agreements.--A tribe may, through
cooperative agreements with such a jurisdiction or jurisdic-
tions--
(A) arrange for the tribe to carry out any function
of such a jurisdiction under this subtitle with respect
to sex offenders subject to the tribe's jurisdiction;
and
(B) arrange for such a jurisdiction to carry out any
function of the tribe under this subtitle with respect
to sex offenders subject to the tribe's jurisdiction.
SEC. 128. <<NOTE: Establishment. 42 USC 16928.>> REGISTRATION OF SEX
OFFENDERS ENTERING THE UNITED STATES.
The Attorney General, in consultation with the Secretary of State
and the Secretary of Homeland Security, shall establish and maintain a
system for informing the relevant jurisdictions about persons entering
the United States who are required to register under this title. The
Secretary of State and the Secretary of Homeland Security shall provide
such information and carry out such functions as the Attorney General
may direct in the operation of the system.
SEC. 129. REPEAL OF PREDECESSOR SEX OFFENDER PROGRAM.
(a) Repeal.--Sections 170101 (42 U.S.C. 14071) and 170102 (42 U.S.C.
14072) of the Violent Crime Control and Law Enforcement Act of 1994, and
section 8 of the Pam Lychner Sexual Offender Tracking and Identification
Act of 1996 (42 U.S.C. 14073), are repealed.
[[Page 120 STAT. 601]]
(b) <<NOTE: 42 USC 14071 note.>> Effective Date.--Notwithstanding
any other provision of this Act, this section shall take effect on the
date of the deadline determined in accordance with section 124(a).
SEC. 130. LIMITATION ON LIABILITY FOR THE NATIONAL CENTER FOR MISSING
AND EXPLOITED CHILDREN.
Section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13032) is amended by adding at the end the following:
``(g) Limitation on Liability.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the National Center for Missing and Exploited Children,
including any of its directors, officers, employees, or agents,
is not liable in any civil or criminal action arising from the
performance of its CyberTipline responsibilities and functions,
as defined by this section, or from its efforts to identify
child victims.
``(2) Intentional, reckless, or other misconduct.--Paragraph
(1) does not apply in an action in which a party proves that the
National Center for Missing and Exploited Children, or its
officer, employee, or agent as the case may be, engaged in
intentional misconduct or acted, or failed to act, with actual
malice, with reckless disregard to a substantial risk of causing
injury without legal justification, or for a purpose unrelated
to the performance of responsibilities or functions under this
section.
``(3) Ordinary business activities.--Paragraph (1) does not
apply to an act or omission related to an ordinary business
activity, such as an activity involving general administration
or operations, the use of motor vehicles, or personnel
management.''.
SEC. 131. <<NOTE: 42 USC 16929.>> IMMUNITY FOR GOOD FAITH CONDUCT.
The Federal Government, jurisdictions, political subdivisions of
jurisdictions, and their agencies, officers, employees, and agents shall
be immune from liability for good faith conduct under this title.
Subtitle B--Improving Federal Criminal Law Enforcement To Ensure Sex
Offender Compliance With Registration and Notification Requirements and
Protection of Children From Violent Predators
SEC. 141. AMENDMENTS TO TITLE 18, UNITED STATES CODE, RELATING TO SEX
OFFENDER REGISTRATION.
(a) Criminal Penalties for Nonregistration.--
(1) In general.--Part I of title 18, United States Code, is
amended by inserting after chapter 109A the following:
[[Page 120 STAT. 602]]
``CHAPTER 109B--SEX OFFENDER AND CRIMES AGAINST CHILDREN REGISTRY
``Sec.
``2250. Failure to register.
``Sec. 2250. Failure to register
``(a) In General.--Whoever--
``(1) is required to register under the Sex Offender
Registration and Notification Act;
``(2)(A) is a sex offender as defined for the purposes of
the Sex Offender Registration and Notification Act by reason of
a conviction under Federal law (including the Uniform Code of
Military Justice), the law of the District of Columbia, Indian
tribal law, or the law of any territory or possession of the
United States; or
``(B) travels in interstate or foreign commerce, or enters
or leaves, or resides in, Indian country; and
``(3) knowingly fails to register or update a registration
as required by the Sex Offender Registration and Notification
Act;
shall be fined under this title or imprisoned not more than 10 years, or
both.
``(b) Affirmative Defense.--In a prosecution for a violation under
subsection (a), it is an affirmative defense that--
``(1) uncontrollable circumstances prevented the individual
from complying;
``(2) the individual did not contribute to the creation of
such circumstances in reckless disregard of the requirement to
comply; and
``(3) the individual complied as soon as such circumstances
ceased to exist.
``(c) Crime of Violence.--
``(1) In general.--An individual described in subsection (a)
who commits a crime of violence under Federal law (including the
Uniform Code of Military Justice), the law of the District of
Columbia, Indian tribal law, or the law of any territory or
possession of the United States shall be imprisoned for not less
than 5 years and not more than 30 years.
``(2) Additional punishment.--The punishment provided in
paragraph (1) shall be in addition and consecutive to the
punishment provided for the violation described in subsection
(a).''.
(2) Clerical amendment.--The table of chapters for part I of
title 18, United States Code, is amended by inserting after the
item relating to chapter 109A the following:
``109B. Sex offender and crimes against children registry........2250''.
(b) <<NOTE: 28 USC 994 note.>> Directive to the United States
Sentencing Commission.--In promulgating guidelines for use of a
sentencing court in determining the sentence to be imposed for the
offense specified in subsection (a), the United States Sentencing
Commission shall consider the following matters, in addition to the
matters specified in section 994 of title 28, United States Code:
(1) Whether the person committed another sex offense in
connection with, or during, the period for which the person
failed to register.
[[Page 120 STAT. 603]]
(2) Whether the person committed an offense against a minor
in connection with, or during, the period for which the person
failed to register.
(3) Whether the person voluntarily attempted to correct the
failure to register.
(4) The seriousness of the offense which gave rise to the
requirement to register, including whether such offense is a
tier I, tier II, or tier III offense, as those terms are defined
in section 111.
(5) Whether the person has been convicted or adjudicated
delinquent for any offense other than the offense which gave
rise to the requirement to register.
(c) False Statement Offense.--Section 1001(a) of title 18, United
States Code, is amended by adding at the end the following: ``If the
matter relates to an offense under chapter 109A, 109B, 110, or 117, or
section 1591, then the term of imprisonment imposed under this section
shall be not more than 8 years.''.
(d) Probation.--Paragraph (8) of section 3563(a) of title 18, United
States Code, is amended to read as follows:
``(8) for a person required to register under the Sex
Offender Registration and Notification Act, that the person
comply with the requirements of that Act; and''.
(e) Supervised Release.--Section 3583 of title 18, United States
Code, is amended--
(1) in subsection (d), in the sentence beginning with ``The
court shall order, as an explicit condition of supervised
release for a person described in section 4042(c)(4)'', by
striking ``described in section 4042(c)(4)'' and all that
follows through the end of the sentence and inserting ``required
to register under the Sex Offender Registration and Notification
Act, that the person comply with the requirements of that
Act.''.
(2) in subsection (k)--
(A) by striking ``2244(a)(1), 2244(a)(2)'' and
inserting ``2243, 2244, 2245, 2250'';
(B) by inserting ``not less than 5,'' after ``any
term of years''; and
(C) by adding at the end the following: ``If a
defendant required to register under the Sex Offender
Registration and Notification Act commits any criminal
offense under chapter 109A, 110, or 117, or section 1201
or 1591, for which imprisonment for a term longer than 1
year can be imposed, the court shall revoke the term of
supervised release and require the defendant to serve a
term of imprisonment under subsection (e)(3) without
regard to the exception contained therein. Such term
shall be not less than 5 years.''.
(f) Duties of the Bureau of Prisons.--Paragraph (3) of section
4042(c) of title 18, United States Code, is amended to read as follows:
``(3) The Director of the Bureau of Prisons shall inform a person
who is released from prison and required to register under the Sex
Offender Registration and Notification Act of the requirements of that
Act as they apply to that person and the same information shall be
provided to a person sentenced to probation by the probation officer
responsible for supervision of that person.''.
(g) Conforming Amendments To Cross-References.--Section 4042(c) of
title 18, United States Code, is amended--
[[Page 120 STAT. 604]]
(1) in paragraph (1), by striking ``(4)'' and inserting
``(3), or any other person in a category specified by the
Attorney General,''; and
(2) in paragraph (2)--
(A) in the first sentence, by striking ``shall be
subject to a registration requirement as a sex
offender'' and inserting ``shall register as required by
the Sex Offender Registration and Notification Act'';
and
(B) in the fourth sentence, by striking ``(4)'' and
inserting ``(3)''.
(h) Conforming Repeal of Deadwood.--Paragraph (4) of section 4042(c)
of title 18, United States Code, is repealed.
(i) <<NOTE: 10 USC 951 note.>> Military Offenses.--
(1) Section 115(a)(8)(C)(i) of Public Law 105-119 (111 Stat.
2466) is amended by striking ``which encompass'' and all that
follows through ``and (B))'' and inserting ``which are sex
offenses as that term is defined in the Sex Offender
Registration and Notification Act''.
(2) Section 115(a)(8)(C)(iii) of Public Law 105-119 (111
Stat. 2466; 10 U.S.C. 951 note) is amended by striking ``the
amendments made by subparagraphs (A) and (B)'' and inserting
``the Sex Offender Registration and Notification Act''.
(j) Conforming Amendment Relating To Parole.--Section 4209(a) of
title 18, United States Code, is amended in the second sentence by
striking ``described'' and all that follows through the end of the
sentence and inserting ``required to register under the Sex Offender
Registration and Notification Act that the person comply with the
requirements of that Act.''.
SEC. 142. <<NOTE: 42 USC 16941.>> FEDERAL ASSISTANCE WITH RESPECT TO
VIOLATIONS OF REGISTRATION REQUIREMENTS.
(a) In General.--The Attorney General shall use the resources of
Federal law enforcement, including the United States Marshals Service,
to assist jurisdictions in locating and apprehending sex offenders who
violate sex offender registration requirements. For the purposes of
section 566(e)(1)(B) of title 28, United States Code, a sex offender who
violates a sex offender registration requirement shall be deemed a
fugitive.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for fiscal years 2007 through
2009 to implement this section.
SEC. 143. <<NOTE: 42 USC 16942.>> PROJECT SAFE CHILDHOOD.
(a) Establishment of Program.--Not <<NOTE: Deadline.>> later than 6
months after the date of enactment of this Act, the Attorney General
shall create and maintain a Project Safe Childhood program in accordance
with this section.
(b) Initial Implementation.--Except as authorized under subsection
(c), funds authorized under this section may only be used for the
following 5 purposes:
(1) Integrated Federal, State, and local efforts to
investigate and prosecute child exploitation cases, including--
(A) the partnership by each United States Attorney
with each Internet Crimes Against Children Task Force
that is a part of the Internet Crimes Against Children
Task Force Program authorized and funded under title IV
of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5771 et seq.) (referred to in this
[[Page 120 STAT. 605]]
section as the ``ICAC Task Force Program'') that exists
within the district of such attorney;
(B) the partnership by each United States Attorney
with other Federal, State, and local law enforcement
partners working in the district of such attorney to
implement the program described in subsection (a);
(C) the development by each United States Attorney
of a district-specific strategic plan to coordinate the
investigation and prosecution of child exploitation
crimes;
(D) efforts to identify and rescue victims of child
exploitation crimes; and
(E) local training, educational, and awareness
programs of such crimes.
(2) Major case coordination by the Department of Justice (or
other Federal agencies as appropriate), including specific
integration or cooperation, as appropriate, of--
(A) the Child Exploitation and Obscenity Section
within the Department of Justice;
(B) the Innocent Images Unit of the Federal Bureau
of Investigation;
(C) any task forces established in connection with
the Project Safe Childhood program set forth under
subsection (a); and
(D) the High Tech Investigative Unit within the
Criminal Division of the Department of Justice.
(3) Increased Federal involvement in child pornography and
enticement cases by providing additional investigative tools and
increased penalties under Federal law.
(4) Training of Federal, State, and local law enforcement
through programs facilitated by--
(A) the National Center for Missing and Exploited
Children;
(B) the ICAC Task Force Program; and
(C) any other ongoing program regarding the
investigation and prosecution of computer-facilitated
crimes against children, including training and
coordination regarding leads from--
(i) Federal law enforcement operations; and
(ii) the CyberTipline and Child Victim-
Identification programs managed and maintained by
the National Center for Missing and Exploited
Children.
(5) Community awareness and educational programs through
partnerships to provide national public awareness and
educational programs through--
(A) the National Center for Missing and Exploited
Children;
(B) the ICAC Task Force Program; and
(C) any other ongoing programs that--
(i) raises national awareness about the threat
of online sexual predators; or
(ii) provides information to parents and
children seeking to report possible violations of
computer-facilitated crimes against children.
(c) Expansion of Project Safe Childhood.--Notwithstanding subsection
(b), funds authorized under this section may be also be used for the
following purposes:
[[Page 120 STAT. 606]]
(1) The addition of not less than 8 Assistant United States
Attorneys at the Department of Justice dedicated to the
prosecution of cases in connection with the Project Safe
Childhood program set forth under subsection (a).
(2) The creation, development, training, and deployment of
not less than 10 new Internet Crimes Against Children task
forces within the ICAC Task Force Program consisting of Federal,
State, and local law enforcement personnel dedicated to the
Project Safe Childhood program set forth under subsection (a),
and the enhancement of the forensic capacities of existing
Internet Crimes Against Children task forces.
(3) The development and enhancement by the Federal Bureau of
Investigation of the Innocent Images task forces.
(4) Such other additional and related purposes as the
Attorney General determines appropriate.
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated--
(1) for the activities described under subsection (b)--
(A) $18,000,000 for fiscal year 2007; and
(B) such sums as may be necessary for each of the 5
succeeding fiscal years; and
(2) for the activities described under subsection (c)--
(A) for fiscal year 2007--
(i) $15,000,000 for the activities under
paragraph (1);
(ii) $10,000,000 for activities under
paragraph (2); and
(iii) $4,000,000 for activities under
paragraph (3); and
(B) such sums as may be necessary for each of the 5
succeeding fiscal years.
SEC. 144. <<NOTE: 42 USC 16943.>> FEDERAL ASSISTANCE IN IDENTIFICATION
AND LOCATION OF SEX OFFENDERS RELOCATED AS A RESULT OF A
MAJOR DISASTER.
The Attorney General shall provide assistance to jurisdictions in
the identification and location of a sex offender relocated as a result
of a major disaster.
SEC. 145. <<NOTE: 42 USC 16944.>> EXPANSION OF TRAINING AND TECHNOLOGY
EFFORTS.
(a) Training.--The Attorney General shall--
(1) expand training efforts with Federal, State, and local
law enforcement officers and prosecutors to effectively respond
to the threat to children and the public posed by sex offenders
who use the Internet and technology to solicit or otherwise
exploit children;
(2) facilitate meetings involving corporations that sell
computer hardware and software or provide services to the
general public related to use of the Internet, to identify
problems associated with the use of technology for the purpose
of exploiting children;
(3) host national conferences to train Federal, State, and
local law enforcement officers, probation and parole officers,
and prosecutors regarding pro-active approaches to monitoring
sex offender activity on the Internet;
(4) develop and distribute, for personnel listed in
paragraph (3), information regarding multidisciplinary
approaches to
[[Page 120 STAT. 607]]
holding offenders accountable to the terms of their probation,
parole, and sex offender registration laws; and
(5) partner with other agencies to improve the coordination
of joint investigations among agencies to effectively combat
online solicitation of children by sex offenders.
(b) Technology.--The Attorney General shall--
(1) deploy, to all Internet Crimes Against Children Task
Forces and their partner agencies, technology modeled after the
Canadian Child Exploitation Tracking System; and
(2) conduct training in the use of that technology.
(c) Report.--Not later than July 1, 2007, the Attorney General,
shall submit to Congress a report on the activities carried out under
this section. The report shall include any recommendations that the
Attorney General considers appropriate.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General, for fiscal year 2007--
(1) $1,000,000 to carry out subsection (a); and
(2) $2,000,000 to carry out subsection (b).
SEC. 146. <<NOTE: 42 USC 16945.>> OFFICE OF SEX OFFENDER SENTENCING,
MONITORING, APPREHENDING, REGISTERING, AND TRACKING.
(a) Establishment.--There is established within the Department of
Justice, under the general authority of the Attorney General, an Office
of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and
Tracking (hereinafter in this section referred to as the ``SMART
Office'').
(b) Director.--The <<NOTE: President.>> SMART Office shall be headed
by a Director who shall be appointed by the President. The Director
shall report to the Attorney General through the Assistant Attorney
General for the Office of Justice Programs and shall have final
authority for all grants, cooperative agreements, and contracts awarded
by the SMART Office. The Director shall not engage in any employment
other than that of serving as the Director, nor shall the Director hold
any office in, or act in any capacity for, any organization, agency, or
institution with which the Office makes any contract or other
arrangement.
(c) Duties and Functions.--The SMART Office is authorized to--
(1) administer the standards for the sex offender
registration and notification program set forth in this Act;
(2) administer grant programs relating to sex offender
registration and notification authorized by this Act and other
grant programs authorized by this Act as directed by the
Attorney General;
(3) cooperate with and provide technical assistance to
States, units of local government, tribal governments, and other
public and private entities involved in activities related to
sex offender registration or notification or to other measures
for the protection of children or other members of the public
from sexual abuse or exploitation; and
(4) perform such other functions as the Attorney General may
delegate.
[[Page 120 STAT. 608]]
Subtitle C--Access to Information and Resources Needed To Ensure That
Children Are Not Attacked or Abused
SEC. 151. <<NOTE: 42 USC 16961.>> ACCESS TO NATIONAL CRIME INFORMATION
DATABASES.
(a) In General.--Notwithstanding any other provision of law, the
Attorney General shall ensure access to the national crime information
databases (as defined in section 534 of title 28, United States Code)
by--
(1) the National Center for Missing and Exploited Children,
to be used only within the scope of the Center's duties and
responsibilities under Federal law to assist or support law
enforcement agencies in administration of criminal justice
functions; and
(2) governmental social service agencies with child
protection responsibilities, to be used by such agencies only in
investigating or responding to reports of child abuse, neglect,
or exploitation.
(b) Conditions of Access.--The access provided under this section,
and associated rules of dissemination, shall be--
(1) defined by the Attorney General; and
(2) limited to personnel of the Center or such agencies that
have met all requirements set by the Attorney General, including
training, certification, and background screening.
SEC. 152. REQUIREMENT TO COMPLETE BACKGROUND CHECKS BEFORE APPROVAL OF
ANY FOSTER OR ADOPTIVE PLACEMENT AND TO CHECK NATIONAL CRIME
INFORMATION DATABASES AND STATE CHILD ABUSE REGISTRIES;
SUSPENSION AND SUBSEQUENT ELIMINATION OF OPT-OUT.
(a) Requirement To Complete Background Checks Before Approval of Any
Foster or Adoptive Placement and To Check National Crime Information
Databases and State Child Abuse Registries; Suspension of Opt-Out.--
(1) Requirement to check national crime information
databases and state child abuse registries.--Section 471(a)(20)
of the Social Security Act (42 U.S.C. 671(a)(20)) is amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (I)--
(I) by inserting ``, including
fingerprint-based checks of national
crime information databases (as defined
in section 534(e)(3)(A) of title 28,
United States Code),'' after ``criminal
records checks''; and
(II) by striking ``on whose behalf
foster care maintenance payments or
adoption assistance payments are to be
made'' and inserting ``regardless of
whether foster care maintenance payments
or adoption assistance payments are to
be made on behalf of the child''; and
(ii) in each of clauses (i) and (ii), by
inserting ``involving a child on whose behalf such
payments are to be so made'' after ``in any
case''; and
(B) by adding at the end the following:
[[Page 120 STAT. 609]]
``(C) provides that the State shall--
``(i) check any child abuse and neglect registry
maintained by the State for information on any
prospective foster or adoptive parent and on any other
adult living in the home of such a prospective parent,
and request any other State in which any such
prospective parent or other adult has resided in the
preceding 5 years, to enable the State to check any
child abuse and neglect registry maintained by such
other State for such information, before the prospective
foster or adoptive parent may be finally approved for
placement of a child, regardless of whether foster care
maintenance payments or adoption assistance payments are
to be made on behalf of the child under the State plan
under this part;
``(ii) comply with any request described in clause
(i) that is received from another State; and
``(iii) have in place safeguards to prevent the
unauthorized disclosure of information in any child
abuse and neglect registry maintained by the State, and
to prevent any such information obtained pursuant to
this subparagraph from being used for a purpose other
than the conducting of background checks in foster or
adoptive placement cases;''.
(2) Suspension of opt-out.--Section 471(a)(20)(B) of such
Act (42 U.S.C. 671(a)(20)(B)) is amended--
(A) by inserting ``, on or before September 30,
2005,'' after ``plan if''; and
(B) by inserting ``, on or before such date,'' after
``or if''.
(b) Elimination of Opt-Out.--Section 471(a)(20) of such Act (42
U.S.C. 671(a)(20)), as amended by subsection (a) of this section, is
amended--
(1) in subparagraph (A), in the matter preceding clause (i),
by striking ``unless an election provided for in subparagraph
(B) is made with respect to the State,''; and
(2) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B).
(c) <<NOTE: 42 USC 671 note.>> Effective Date.--
(1) General.--The amendments made by subsection (a) shall
take effect on October 1, 2006, and shall apply with respect to
payments under part E of title IV of the Social Security Act for
calendar quarters beginning on or after such date, without
regard to whether regulations to implement the amendments are
promulgated by such date.
(2) Elimination of opt-out.--The amendments made by
subsection (b) shall take effect on October 1, 2008, and shall
apply with respect to payments under part E of title IV of the
Social Security Act for calendar quarters beginning on or after
such date, without regard to whether regulations to implement
the amendments are promulgated by such date.
(3) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan under section 471 of the
Social Security Act to meet the additional requirements imposed
by the amendments made by a subsection of this section, the plan
shall not be regarded as failing to meet
[[Page 120 STAT. 610]]
any of the additional requirements before the first day of the
first calendar quarter beginning after the first regular session
of the State legislature that begins after the otherwise
applicable effective date of the amendments. If the State has a
2-year legislative session, each year of the session is deemed
to be a separate regular session of the State legislature.
SEC. 153. <<NOTE: Schools Safely Acquiring Faculty Excellence Act of
2006. 42 USC 16962.>> SCHOOLS SAFE ACT.
(a) Short Title.--This section may be cited as the ``Schools Safely
Acquiring Faculty Excellence Act of 2006''.
(b) In General.--The Attorney General of the United States shall,
upon request of the chief executive officer of a State, conduct
fingerprint-based checks of the national crime information databases (as
defined in section 534(f)(3)(A) of title 28, United States Code as
redesignated under subsection (e)) pursuant to a request submitted by--
(1) a child welfare agency for the purpose of--
(A) conducting a background check required under
section 471(a)(20) of the Social Security Act on
individuals under consideration as prospective foster or
adoptive parents; or
(B) an investigation relating to an incident of
abuse or neglect of a minor; or
(2) a private or public elementary school, a private or
public secondary school, a local educational agency, or State
educational agency in that State, on individuals employed by,
under consideration for employment by, or otherwise in a
position in which the individual would work with or around
children in the school or agency.
(c) Fingerprint-Based Check.--Where possible, the check shall
include a fingerprint-based check of State criminal history databases.
(d) Fees.--The Attorney General and the States may charge any
applicable fees for the checks.
(e) Protection of Information.--An individual having information
derived as a result of a check under subsection (b) may release that
information only to appropriate officers of child welfare agencies,
public or private elementary or secondary schools, or educational
agencies or other persons authorized by law to receive that information.
(f) Criminal Penalties.--An individual who knowingly exceeds the
authority in subsection (b), or knowingly releases information in
violation of subsection (e), shall be imprisoned not more than 10 years
or fined under title 18, United States Code, or both.
(g) Child Welfare Agency Defined.--In this section, the term ``child
welfare agency'' means--
(1) the State or local agency responsible for administering
the plan under part B or part E of title IV of the Social
Security Act; and
(2) any other public agency, or any other private agency
under contract with the State or local agency responsible for
administering the plan under part B or part E of title IV of the
Social Security Act, that is responsible for the licensing or
approval of foster or adoptive parents.
(h) Definition of Education Terms.--In this section, the terms
``elementary school'', ``local educational agency'', ``secondary
school'', and ``State educational agency'' have the meanings given
[[Page 120 STAT. 611]]
to those terms in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(i) Technical Correction.--Section 534 of title 28, United States
Code, is amended by redesignating the second subsection (e) as
subsection (f).
SEC. 154. MISSING CHILD REPORTING REQUIREMENTS.
(a) In General.--Section 3702 of the Crime Control Act of 1990 (42
U.S.C. 5780) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(2) by inserting after paragraph (1) the following:
``(2) ensure that no law enforcement agency within the State
establishes or maintains any policy that requires the removal of
a missing person entry from its State law enforcement system or
the National Crime Information Center computer database based
solely on the age of the person; and''; and
(3) in paragraph (3), as redesignated, by striking
``immediately'' and inserting ``within 2 hours of receipt''.
(b) Definitions.--Section 403(1) of the Comprehensive Crime Control
Act of 1984 (42 U.S.C. 5772) is amended by striking ``if'' through
subparagraph (B) and inserting a semicolon.
SEC. 155. DNA FINGERPRINTING.
The first sentence of section 3(a)(1)(A) of the DNA Analysis Backlog
Elimination Act of 2000 (42 U.S.C. 14135a(a)(1)(A)) is amended by
striking ``arrested'' and inserting ``arrested, facing charges, or
convicted''.
TITLE II--FEDERAL CRIMINAL LAW ENHANCEMENTS NEEDED TO PROTECT CHILDREN
FROM SEXUAL ATTACKS AND OTHER VIOLENT CRIMES
SEC. 201. PROHIBITION ON INTERNET SALES OF DATE RAPE DRUGS.
Section 401 of the Controlled Substances Act (21 U.S.C. 841) is
amended by adding at the end the following:
``(g) Internet Sales of Date Rape Drugs.--
``(1) Whoever knowingly uses the Internet to distribute a
date rape drug to any person, knowing or with reasonable cause
to believe that--
``(A) the drug would be used in the commission of
criminal sexual conduct; or
``(B) the person is not an authorized purchaser;
shall be fined under this title or imprisoned not more than 20
years, or both.
``(2) As used in this subsection:
``(A) The term `date rape drug' means--
``(i) gamma hydroxybutyric acid (GHB) or any
controlled substance analogue of GHB, including
gamma butyrolactone (GBL) or 1,4-butanediol;
``(ii) ketamine;
``(iii) flunitrazepam; or
[[Page 120 STAT. 612]]
``(iv) any substance which the Attorney
General designates, pursuant to the rulemaking
procedures prescribed by section 553 of title 5,
United States Code, to be used in committing rape
or sexual assault.
The Attorney General is authorized to remove any
substance from the list of date rape drugs pursuant to
the same rulemaking authority.
``(B) The term `authorized purchaser' means any of
the following persons, provided such person has acquired
the controlled substance in accordance with this Act:
``(i) A person with a valid prescription that
is issued for a legitimate medical purpose in the
usual course of professional practice that is
based upon a qualifying medical relationship by a
practitioner registered by the Attorney General. A
`qualifying medical relationship' means a medical
relationship that exists when the practitioner has
conducted at least 1 medical evaluation with the
authorized purchaser in the physical presence of
the practitioner, without regard to whether
portions of the evaluation are conducted by other
heath professionals. The preceding sentence shall
not be construed to imply that 1 medical
evaluation demonstrates that a prescription has
been issued for a legitimate medical purpose
within the usual course of professional practice.
``(ii) Any practitioner or other registrant
who is otherwise authorized by their registration
to dispense, procure, purchase, manufacture,
transfer, distribute, import, or export the
substance under this Act.
``(iii) A person or entity providing
documentation that establishes the name, address,
and business of the person or entity and which
provides a legitimate purpose for using any `date
rape drug' for which a prescription is not
required.
``(3) <<NOTE: Regulations. Records. Reports.>> The Attorney
General is authorized to promulgate regulations for record-
keeping and reporting by persons handling 1,4-butanediol in
order to implement and enforce the provisions of this section.
Any record or report required by such regulations shall be
considered a record or report required under this Act.''.
SEC. 202. JETSETA GAGE ASSURED PUNISHMENT FOR VIOLENT CRIMES AGAINST
CHILDREN.
Section 3559 of title 18, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Mandatory Minimum Terms of Imprisonment for Violent Crimes
Against Children.--A person who is convicted of a Federal offense that
is a crime of violence against the person of an individual who has not
attained the age of 18 years shall, unless a greater mandatory minimum
sentence of imprisonment is otherwise provided by law and regardless of
any maximum term of imprisonment otherwise provided for the offense--
``(1) if the crime of violence is murder, be imprisoned for
life or for any term of years not less than 30, except that such
person shall be punished by death or life imprisonment
[[Page 120 STAT. 613]]
if the circumstances satisfy any of subparagraphs (A) through
(D) of section 3591(a)(2) of this title;
``(2) if the crime of violence is kidnapping (as defined in
section 1201) or maiming (as defined in section 114), be
imprisoned for life or any term of years not less than 25; and
``(3) if the crime of violence results in serious bodily
injury (as defined in section 1365), or if a dangerous weapon
was used during and in relation to the crime of violence, be
imprisoned for life or for any term of years not less than
10.''.
SEC. 203. PENALTIES FOR COERCION AND ENTICEMENT BY SEX OFFENDERS.
Section 2422(b) of title 18, United States Code, is amended by
striking ``not less than 5 years and not more than 30 years'' and
inserting ``not less than 10 years or for life''.
SEC. 204. PENALTIES FOR CONDUCT RELATING TO CHILD PROSTITUTION.
Section 2423(a) of title 18, United States Code, is amended by
striking ``5 years and not more than 30 years'' and inserting ``10 years
or for life''.
SEC. 205. PENALTIES FOR SEXUAL ABUSE.
Section 2242 of title 18, United States Code, is amended by striking
``, imprisoned not more than 20 years, or both'' and inserting ``and
imprisoned for any term of years or for life''.
SEC. 206. INCREASED PENALTIES FOR SEXUAL OFFENSES AGAINST CHILDREN.
(a) Sexual Abuse and Contact.--
(1) Aggravated sexual abuse of children.--Section 2241(c) of
title 18, United States Code, is amended by striking ``,
imprisoned for any term of years or life, or both'' and
inserting ``and imprisoned for not less than 30 years or for
life''.
(2) Abusive sexual contact with children.--Section 2244 of
chapter 109A of title 18, United States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting
``subsection (a) or (b) of'' before ``section
2241'';
(ii) by striking ``or'' at the end of
paragraph (3);
(iii) by striking the period at the end of
paragraph (4) and inserting ``; or''; and
(iv) by inserting after paragraph (4) the
following:
``(5) subsection (c) of section 2241 of this title had the
sexual contact been a sexual act, shall be fined under this
title and imprisoned for any term of years or for life.''; and
(B) in subsection (c), by inserting ``(other than
subsection (a)(5))'' after ``violates this section''.
(3) Sexual abuse of children resulting in death.--Section
2245 of title 18, United States Code, is amended to read as
follows:
``Sec. 2245. Offenses resulting in death
``(a) In General.--A person who, in the course of an offense under
this chapter, or section 1591, 2251, 2251A, 2260, 2421, 2422, 2423, or
2425, murders an individual, shall be punished by death or imprisoned
for any term of years or for life.''.
[[Page 120 STAT. 614]]
(4) Death penalty aggravating factor.--Section 3592(c)(1) of
title 18, United States Code, is amended by inserting ``section
2245 (offenses resulting in death),'' after ``(wrecking
trains),''.
(b) Sexual Exploitation and Other Abuse of Children.--
(1) Sexual exploitation of children.--Section 2251(e) of
title 18, United States Code, is amended--
(A) by inserting ``section 1591,'' after ``this
chapter,'' the first place it appears;
(B) by striking ``the sexual exploitation of
children'' the first place it appears and inserting
``aggravated sexual abuse, sexual abuse, abusive sexual
contact involving a minor or ward, or sex trafficking of
children, or the production, possession, receipt,
mailing, sale, distribution, shipment, or transportation
of child pornography''; and
(C) by striking ``any term of years or for life''
and inserting ``not less than 30 years or for life''.
(2) Activities relating to material involving the sexual
exploitation of children.--Section 2252(b) of title 18, United
States Code, is amended in paragraph (1)--
(A) by striking ``paragraphs (1)'' and inserting
``paragraph (1)'';
(B) by inserting ``section 1591,'' after ``this
chapter,''; and
(C) by inserting ``, or sex trafficking of
children'' after ``pornography''.
(3) Activities relating to material constituting or
containing child pornography.--Section 2252A(b) of title 18,
United States Code, is amended in paragraph (1)--
(A) by inserting ``section 1591,'' after ``this
chapter,''; and
(B) by inserting ``, or sex trafficking of
children'' after ``pornography''.
(4) Using misleading domain names to direct children to
harmful material on the internet.--Section 2252B(b) of title 18,
United States Code, is amended by striking ``4'' and inserting
``10''.
(5) Extraterritorial child pornography offenses.--Section
2260(c) of title 18, United States Code, is amended to read as
follows:
``(c) Penalties.--
``(1) A person who violates subsection (a), or attempts or
conspires to do so, shall be subject to the penalties provided
in subsection (e) of section 2251 for a violation of that
section, including the penalties provided for such a violation
by a person with a prior conviction or convictions as described
in that subsection.
``(2) A person who violates subsection (b), or attempts or
conspires to do so, shall be subject to the penalties provided
in subsection (b)(1) of section 2252 for a violation of
paragraph (1), (2), or (3) of subsection (a) of that section,
including the penalties provided for such a violation by a
person with a prior conviction or convictions as described in
subsection (b)(1) of section 2252.''.
(c) Mandatory Life Imprisonment for Certain Repeated Sex Offenses
Against Children.--Section 3559(e)(2)(A) of title
[[Page 120 STAT. 615]]
18, United States Code, is amended by inserting ``1591 (relating to sex
trafficking of children),'' after ``under section''.
SEC. 207. SEXUAL ABUSE OF WARDS.
Chapter 109A of title 18, United States Code, is amended--
(1) in section 2243(b), by striking ``five years'' and
inserting ``15 years''; and
(2) <<NOTE: 18 USC 2241-2244.>> by inserting a comma after
``Attorney General'' each place it appears.
SEC. 208. MANDATORY PENALTIES FOR SEX-TRAFFICKING OF CHILDREN.
Section 1591(b) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``or imprisonment'' and inserting
``and imprisonment'';
(B) by inserting ``not less than 15'' after ``any
term of years''; and
(C) by striking ``, or both''; and
(2) in paragraph (2)--
(A) by striking ``or imprisonment for not more than
40 years, or both'' and inserting ``and imprisonment for
not less than 10 years or for life''; and
(B) by striking ``, or both''.
SEC. 209. CHILD ABUSE REPORTING.
Section 2258 of title 18, United States Code, is amended by striking
``guilty of a Class B misdemeanor'' and inserting ``fined under this
title or imprisoned not more than 1 year or both''.
SEC. 210. SEX OFFENDER SUBMISSION TO SEARCH AS CONDITION OF RELEASE.
(a) Conditions of Probation.--Section 3563(b) of title 18, United
States Code, is amended--
(1) in paragraph (21), by striking ``or'' ;
(2) in paragraph (22) by striking the period at the end and
inserting ``or;'' and
(3) by inserting after paragraph (22) the following:
``(23) if required to register under the Sex Offender
Registration and Notification Act, submit his person, and any
property, house, residence, vehicle, papers, computer, other
electronic communication or data storage devices or media, and
effects to search at any time, with or without a warrant, by any
law enforcement or probation officer with reasonable suspicion
concerning a violation of a condition of probation or unlawful
conduct by the person, and by any probation officer in the
lawful discharge of the officer's supervision functions.''.
(b) Supervised Release.--Section 3583(d) of title 18, United States
Code, is amended by adding at the end the following: ``The court may
order, as an explicit condition of supervised release for a person who
is a felon and required to register under the Sex Offender Registration
and Notification Act, that the person submit his person, and any
property, house, residence, vehicle, papers, computer, other electronic
communications or data storage devices or media, and effects to search
at any time, with or without a warrant, by any law enforcement or
probation officer with reasonable suspicion concerning a violation of a
condition of supervised
[[Page 120 STAT. 616]]
release or unlawful conduct by the person, and by any probation officer
in the lawful discharge of the officer's supervision functions.''.
SEC. 211. NO LIMITATION FOR PROSECUTION OF FELONY SEX OFFENSES.
Chapter 213 of title 18, United States Code, is amended--
(1) by adding at the end the following:
``Sec. 3299. Child abduction and sex offenses
``Notwithstanding any other law, an indictment may be found or an
information instituted at any time without limitation for any offense
under section 1201 involving a minor victim, and for any felony under
chapter 109A, 110 (except for section 2257 and 2257A), or 117, or
section 1591.''; and
(2) by adding at the end of the table of sections at the
beginning of the chapter the following new item:
``3299. Child abduction and sex offenses''.
SEC. 212. VICTIMS' RIGHTS ASSOCIATED WITH HABEAS CORPUS PROCEEDINGS.
Section 3771(b) of title 18, United States Code, is amended--
(1) by striking ``In any court proceeding'' and inserting
the following:
``(1) In general.--In any court proceeding''; and
(2) by adding at the end the following:
``(2) Habeas corpus proceedings.--
``(A) In general.--In a Federal habeas corpus
proceeding arising out of a State conviction, the court
shall ensure that a crime victim is afforded the rights
described in paragraphs (3), (4), (7), and (8) of
subsection (a).
``(B) Enforcement.--
``(i) In general.--These rights may be
enforced by the crime victim or the crime victim's
lawful representative in the manner described in
paragraphs (1) and (3) of subsection (d).
``(ii) Multiple victims.--
In <<NOTE: Applicability.>> a case involving
multiple victims, subsection (d)(2) shall also
apply.
``(C) Limitation.--This paragraph relates to the
duties of a court in relation to the rights of a crime
victim in Federal habeas corpus proceedings arising out
of a State conviction, and does not give rise to any
obligation or requirement applicable to personnel of any
agency of the Executive Branch of the Federal
Government.
``(D) Definition.--For purposes of this paragraph,
the term `crime victim' means the person against whom
the State offense is committed or, if that person is
killed or incapacitated, that person's family member or
other lawful representative.''.
SEC. 213. KIDNAPPING JURISDICTION.
Section 1201 of title 18, United States Code, is amended--
(1) in subsection (a)(1), by striking ``if the person was
alive when the transportation began'' and inserting ``, or the
offender travels in interstate or foreign commerce or uses the
mail or any means, facility, or instrumentality of interstate or
foreign commerce in committing or in furtherance of the
commission of the offense''; and
[[Page 120 STAT. 617]]
(2) in subsection (b), by striking ``to interstate'' and
inserting ``in interstate''.
SEC. 214. MARITAL COMMUNICATION AND ADVERSE SPOUSAL PRIVILEGE.
The Committee on Rules, Practice, Procedure, and Evidence of the
Judicial Conference of the United States shall study the necessity and
desirability of amending the Federal Rules of Evidence to provide that
the confidential marital communications privilege and the adverse
spousal privilege shall be inapplicable in any Federal proceeding in
which a spouse is charged with a crime against--
(1) a child of either spouse; or
(2) a child under the custody or control of either spouse.
SEC. 215. ABUSE AND NEGLECT OF INDIAN CHILDREN.
Section 1153(a) of title 18, United States Code, is amended by
inserting ``felony child abuse or neglect,'' after ``years,''.
SEC. 216. IMPROVEMENTS TO THE BAIL REFORM ACT TO ADDRESS SEX CRIMES AND
OTHER MATTERS.
Section 3142 of title 18, United States Code, is amended--
(1) in subsection (c)(1)(B), by inserting at the end the
following: ``In any case that involves 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, or a failure to register offense under section 2250
of this title, any release order shall contain, at a minimum, a
condition of electronic monitoring and each of the conditions
specified at subparagraphs (iv), (v), (vi), (vii), and
(viii).''.
(2) in subsection (f)(1)--
(A) in subparagraph (C), by striking ``or'' at the
end; and
(B) by adding at the end the following:
``(E) any felony that is not otherwise a crime of
violence that involves a minor victim or that involves
the possession or use of a firearm or destructive device
(as those terms are defined in section 921), or any
other dangerous weapon, or involves a failure to
register under section 2250 of title 18, United States
Code; or''; and
(3) in subsection (g), by striking paragraph (1) and
inserting the following:
``(1) the nature and circumstances of the offense charged,
including whether the offense is a crime of violence, a Federal
crime of terrorism, or involves a minor victim or a controlled
substance, firearm, explosive, or destructive device;''.
TITLE III--CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS
SEC. 301. <<NOTE: 42 USC 16971.>> JIMMY RYCE STATE CIVIL COMMITMENT
PROGRAMS FOR SEXUALLY DANGEROUS PERSONS.
(a) Grants Authorized.--Except as provided in subsection (b), the
Attorney General shall make grants to jurisdictions for
[[Page 120 STAT. 618]]
the purpose of establishing, enhancing, or operating effective civil
commitment programs for sexually dangerous persons.
(b) Limitation.--The Attorney General shall not make any grant under
this section for the purpose of establishing, enhancing, or operating
any transitional housing for a sexually dangerous person in or near a
location where minors or other vulnerable persons are likely to come
into contact with that person.
(c) Eligibility.--
(1) In general.--To be eligible to receive a grant under
this section, a jurisdiction shall, before the expiration of the
compliance period--
(A) have established a civil commitment program for
sexually dangerous persons that is consistent with
guidelines issued by the Attorney General; or
(B) submit a plan for the establishment of such a
program.
(2) Compliance period.--The <<NOTE: Expiration
date. Extension.>> compliance period referred to in paragraph
(1) expires on the date that is 2 years after the date of the
enactment of this Act. However, the Attorney General may, on a
case-by-case basis, extend the compliance period that applies to
a jurisdiction if the Attorney General considers such an
extension to be appropriate.
(3) Release notice.--
(A) Each civil commitment program for which funding
is required under this section shall require the
issuance of timely notice to a State official
responsible for considering whether to pursue civil
commitment proceedings upon the impending release of any
person incarcerated by the State who--
(i) has been convicted of a sexually violent
offense; or
(ii) has been deemed by the State to be at
high risk for recommitting any sexual offense
against a minor.
(B) The program shall further require that upon
receiving notice under subparagraph (A), the State
official shall consider whether or not to pursue a civil
commitment proceeding, or any equivalent proceeding
required under State law.
(d) Attorney General Reports.--Not later than January 31 of each
year, beginning with 2008, the Attorney General shall submit to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report on the progress of
jurisdictions in implementing this section and the rate of sexually
violent offenses for each jurisdiction.
(e) Definitions.--As used in this section:
(1) The term ``civil commitment program'' means a program
that involves--
(A) secure civil confinement, including appropriate
control, care, and treatment during such confinement;
and
(B) appropriate supervision, care, and treatment for
individuals released following such confinement.
(2) The term ``sexually dangerous person'' means a person
suffering from a serious mental illness, abnormality, or
disorder, as a result of which the individual would have serious
difficulty in refraining from sexually violent conduct or child
molestation.
[[Page 120 STAT. 619]]
(3) The term ``jurisdiction'' has the meaning given such
term in section 111.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2007 through 2010.
SEC. 302. JIMMY RYCE CIVIL COMMITMENT PROGRAM.
Chapter 313 of title 18, United States Code, is amended--
(1) in the chapter analysis--
(A) in the item relating to section 4241, by
inserting ``or to undergo postrelease proceedings''
after ``trial''; and
(B) by inserting at the end the following:
``4248. Civil commitment of a sexually dangerous person'';
(2) in section 4241--
(A) in the heading, by inserting or ``to undergo
postrelease proceedings'' after ``trial'';
(B) in the first sentence of subsection (a), by
inserting ``or at any time after the commencement of
probation or supervised release and prior to the
completion of the sentence,'' after ``defendant,'';
(C) in subsection (d)--
(i) by striking ``trial to proceed'' each
place it appears and inserting ``proceedings to go
forward''; and
(ii) by striking ``section 4246'' and
inserting ``sections 4246 and 4248''; and
(D) in subsection (e)--
(i) by inserting ``or other proceedings''
after ``trial''; and
(ii) by striking ``chapter 207'' and inserting
``chapters 207 and 227'';
(3) in section 4247--
(A) by striking ``, or 4246'' each place it appears
and inserting ``, 4246, or 4248'';
(B) in subsections (g) and (i), by striking ``4243
or 4246'' each place it appears and inserting ``4243,
4246, or 4248'';
(C) in subsection (a)--
(i) by amending subparagraph (1)(C) to read as
follows:
``(C) drug, alcohol, and sex offender treatment
programs, and other treatment programs that will assist
the individual in overcoming a psychological or physical
dependence or any condition that makes the individual
dangerous to others; and'';
(ii) in paragraph (2), by striking ``and'' at
the end;
(iii) in paragraph (3), by striking the period
at the end and inserting a semicolon; and
(iv) by inserting at the end the following:
``(4) `bodily injury' includes sexual abuse;
``(5) `sexually dangerous person' means a person who has
engaged or attempted to engage in sexually violent conduct or
child molestation and who is sexually dangerous to others; and
``(6) `sexually dangerous to others' with respect a person,
means that the person suffers from a serious mental illness,
abnormality, or disorder as a result of which he would have
[[Page 120 STAT. 620]]
serious difficulty in refraining from sexually violent conduct
or child molestation if released.'';
(D) in subsection (b), by striking ``4245 or 4246''
and inserting ``4245, 4246, or 4248'';
(E) in subsection (c)(4)--
(i) by redesignating subparagraphs (D) and (E)
as subparagraphs (E) and (F) respectively; and
(ii) by inserting after subparagraph (C) the
following:
``(D) if the examination is ordered under section
4248, whether the person is a sexually dangerous
person;''; and
(F) in subsections (e) and (h)--
(i) by striking ``hospitalized'' each place it
appears and inserting ``committed''; and
(ii) by striking ``hospitalization'' each
place it appears and inserting ``commitment'' ;
and
(4) by inserting at the end the following:
``Sec. 4248. Civil commitment of a sexually dangerous person
``(a) Institution of Proceedings.--In relation to a person who is in
the custody of the Bureau of Prisons, or who has been committed to the
custody of the Attorney General pursuant to section 4241(d), or against
whom all criminal charges have been dismissed solely for reasons
relating to the mental condition of the person, the Attorney General or
any individual authorized by the Attorney General or the Director of the
Bureau of Prisons may certify that the person is a sexually dangerous
person, and transmit the certificate to the clerk of the court for the
district in which the person is confined. The clerk shall send a copy of
the certificate to the person, and to the attorney for the Government,
and, if the person was committed pursuant to section 4241(d), to the
clerk of the court that ordered the commitment. The court shall order a
hearing to determine whether the person is a sexually dangerous person.
A certificate filed under this subsection shall stay the release of the
person pending completion of procedures contained in this section.
``(b) Psychiatric or Psychological Examination and Report.--Prior to
the date of the hearing, the court may order that a psychiatric or
psychological examination of the defendant be conducted, and that a
psychiatric or psychological report be filed with the court, pursuant to
the provisions of section 4247(b) and (c).
``(c) Hearing.--The hearing shall be conducted pursuant to the
provisions of section 4247(d).
``(d) Determination and Disposition.--If, after the hearing, the
court finds by clear and convincing evidence that the person is a
sexually dangerous person, the court shall commit the person to the
custody of the Attorney General. The Attorney General shall release the
person to the appropriate official of the State in which the person is
domiciled or was tried if such State will assume responsibility for his
custody, care, and treatment. The Attorney General shall make all
reasonable efforts to cause such a State to assume such responsibility.
If, notwithstanding such efforts, neither such State will assume such
responsibility, the Attorney General shall place the person for
treatment in a suitable facility, until--
``(1) such a State will assume such responsibility; or
[[Page 120 STAT. 621]]
``(2) the person's condition is such that he is no longer
sexually dangerous to others, or will not be sexually dangerous
to others if released under a prescribed regimen of medical,
psychiatric, or psychological care or treatment;
whichever is earlier.
``(e) Discharge.--When the Director of the facility in which a
person is placed pursuant to subsection (d) determines that the person's
condition is such that he is no longer sexually dangerous to others, or
will not be sexually dangerous to others if released under a prescribed
regimen of medical, psychiatric, or psychological care or treatment, he
shall promptly file a certificate to that effect with the clerk of the
court that ordered the commitment. The clerk shall send a copy of the
certificate to the person's counsel and to the attorney for the
Government. The court shall order the discharge of the person or, on
motion of the attorney for the Government or on its own motion, shall
hold a hearing, conducted pursuant to the provisions of section 4247(d),
to determine whether he should be released. If, after the hearing, the
court finds by a preponderance of the evidence that the person's
condition is such that--
``(1) he will not be sexually dangerous to others if
released unconditionally, the court shall order that he be
immediately discharged; or
``(2) he will not be sexually dangerous to others if
released under a prescribed regimen of medical, psychiatric, or
psychological care or treatment, the court shall--
``(A) order that he be conditionally discharged
under a prescribed regimen of medical, psychiatric, or
psychological care or treatment that has been prepared
for him, that has been certified to the court as
appropriate by the Director of the facility in which he
is committed, and that has been found by the court to be
appropriate; and
``(B) order, as an explicit condition of release,
that he comply with the prescribed regimen of medical,
psychiatric, or psychological care or treatment.
The court at any time may, after a hearing employing the same
criteria, modify or eliminate the regimen of medical,
psychiatric, or psychological care or treatment.
``(f) Revocation of Conditional Discharge.--
The <<NOTE: Notification.>> director of a facility responsible for
administering a regimen imposed on a person conditionally discharged
under subsection (e) shall notify the Attorney General and the court
having jurisdiction over the person of any failure of the person to
comply with the regimen. Upon such notice, or upon other probable cause
to believe that the person has failed to comply with the prescribed
regimen of medical, psychiatric, or psychological care or treatment, the
person may be arrested, and, upon arrest, shall be taken without
unnecessary delay before the court having jurisdiction over
him. <<NOTE: Courts.>> The court shall, after a hearing, determine
whether the person should be remanded to a suitable facility on the
ground that he is sexually dangerous to others in light of his failure
to comply with the prescribed regimen of medical, psychiatric, or
psychological care or treatment.
``(g) Release to State of Certain Other Persons.--If the director of
the facility in which a person is hospitalized or placed pursuant to
this chapter certifies to the Attorney General that a person, against
whom all charges have been dismissed for reasons
[[Page 120 STAT. 622]]
not related to the mental condition of the person, is a sexually
dangerous person, the Attorney General shall release the person to the
appropriate official of the State in which the person is domiciled or
was tried for the purpose of institution of State proceedings for civil
commitment. If neither such State will assume such responsibility, the
Attorney General shall release the person upon receipt of notice from
the State that it will not assume such responsibility, but not later
than 10 days after certification by the director of the facility.''.
TITLE IV--IMMIGRATION LAW REFORMS TO PREVENT SEX OFFENDERS FROM ABUSING
CHILDREN
SEC. 401. FAILURE TO REGISTER A DEPORTABLE OFFENSE.
Section 237(a)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(2)(A)) is amended--
(1) by redesignating clause (v) as clause (vi); and
(2) by inserting after clause (iv) the following new clause:
``(v) Failure to register as a sex offender.--
Any alien who is convicted under section 2250 of
title 18, United States Code, is deportable.''.
SEC. 402. BARRING CONVICTED SEX OFFENDERS FROM HAVING FAMILY-BASED
PETITIONS APPROVED.
(a) Immigrant Family Members.--Section 204(a)(1) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)), is amended--
(1) in subparagraph (A)(i), by striking ``Any'' and
inserting ``Except as provided in clause (viii), any'';
(2) in subparagraph (A), by inserting after clause (vii) the
following:
``(viii)(I) Clause (i) shall not apply to a
citizen of the United States who has been
convicted of a specified offense against a minor,
unless the Secretary of Homeland Security, in the
Secretary's sole and unreviewable discretion,
determines that the citizen poses no risk to the
alien with respect to whom a petition described in
clause (i) is filed.
``(II) For purposes of subclause (I), the term
`specified offense against a minor' is defined as
in section 111 of the Adam Walsh Child Protection
and Safety Act of 2006.''; and
(3) in subparagraph (B)(i)--
(A) by striking ``(B)(i) Any alien'' and inserting
the following: ``(B)(i)(I) Except as provided in
subclause (II), any alien''; and
(B) by adding at the end the following:
``(I) Subclause (I) shall not apply
in the case of an alien lawfully
admitted for permanent residence who has
been convicted of a specified offense
against a minor (as defined in
subparagraph (A)(viii)(II)), unless the
Secretary of Homeland Security, in the
Secretary's sole and unreviewable
discretion, determines that such person
poses no
[[Page 120 STAT. 623]]
risk to the alien with respect to whom a
petition described in subclause (I) is
filed.''.
(b) Nonimmigrants.--Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)),
is amended by inserting ``(other than a citizen described in section
204(a)(1)(A)(viii)(I))'' after ``citizen of the United States'' each
place that phrase appears.
TITLE V--CHILD PORNOGRAPHY PREVENTION
SEC. 501. <<NOTE: 18 USC 2251 note.>> FINDINGS.
Congress makes the following findings:
(1) The effect of the intrastate production, transportation,
distribution, receipt, advertising, and possession of child
pornography on the interstate market in child pornography:
(A) The illegal production, transportation,
distribution, receipt, advertising and possession of
child pornography, as defined in section 2256(8) of
title 18, United States Code, as well as the transfer of
custody of children for the production of child
pornography, is harmful to the physiological, emotional,
and mental health of the children depicted in child
pornography and has a substantial and detrimental effect
on society as a whole.
(B) A substantial interstate market in child
pornography exists, including not only a multimillion
dollar industry, but also a nationwide network of
individuals openly advertising their desire to exploit
children and to traffic in child pornography. Many of
these individuals distribute child pornography with the
expectation of receiving other child pornography in
return.
(C) The interstate market in child pornography is
carried on to a substantial extent through the mails and
other instrumentalities of interstate and foreign
commerce, such as the Internet. The advent of the
Internet has greatly increased the ease of transporting,
distributing, receiving, and advertising child
pornography in interstate commerce. The advent of
digital cameras and digital video cameras, as well as
videotape cameras, has greatly increased the ease of
producing child pornography. The advent of inexpensive
computer equipment with the capacity to store large
numbers of digital images of child pornography has
greatly increased the ease of possessing child
pornography. Taken together, these technological
advances have had the unfortunate result of greatly
increasing the interstate market in child pornography.
(D) Intrastate incidents of production,
transportation, distribution, receipt, advertising, and
possession of child pornography, as well as the transfer
of custody of children for the production of child
pornography, have a substantial and direct effect upon
interstate commerce because:
(i) Some persons engaged in the production,
transportation, distribution, receipt,
advertising, and possession of child pornography
conduct such activities entirely within the
boundaries of one state. These persons are
unlikely to be content with the amount of child
pornography they produce, transport, distribute,
[[Page 120 STAT. 624]]
receive, advertise, or possess. These persons are
therefore likely to enter the interstate market in
child pornography in search of additional child
pornography, thereby stimulating demand in the
interstate market in child pornography.
(ii) When the persons described in
subparagraph (D)(i) enter the interstate market in
search of additional child pornography, they are
likely to distribute the child pornography they
already produce, transport, distribute, receive,
advertise, or possess to persons who will
distribute additional child pornography to them,
thereby stimulating supply in the interstate
market in child pornography.
(iii) Much of the child pornography that
supplies the interstate market in child
pornography is produced entirely within the
boundaries of one state, is not traceable, and
enters the interstate market surreptitiously. This
child pornography supports demand in the
interstate market in child pornography and is
essential to its existence.
(E) Prohibiting the intrastate production,
transportation, distribution, receipt, advertising, and
possession of child pornography, as well as the
intrastate transfer of custody of children for the
production of child pornography, will cause some persons
engaged in such intrastate activities to cease all such
activities, thereby reducing both supply and demand in
the interstate market for child pornography.
(F) Federal control of the intrastate incidents of
the production, transportation, distribution, receipt,
advertising, and possession of child pornography, as
well as the intrastate transfer of children for the
production of child pornography, is essential to the
effective control of the interstate market in child
pornography.
(2) The importance of protecting children from repeat
exploitation in child pornography:
(A) The vast majority of child pornography
prosecutions today involve images contained on computer
hard drives, computer disks, and related media.
(B) Child pornography is not entitled to protection
under the First Amendment and thus may be prohibited.
(C) The government has a compelling State interest
in protecting children from those who sexually exploit
them, and this interest extends to stamping out the vice
of child pornography at all levels in the distribution
chain.
(D) Every instance of viewing images of child
pornography represents a renewed violation of the
privacy of the victims and a repetition of their abuse.
(E) Child pornography constitutes prima facie
contraband, and as such should not be distributed to, or
copied by, child pornography defendants or their
attorneys.
(F) It is imperative to prohibit the reproduction of
child pornography in criminal cases so as to avoid
repeated violation and abuse of victims, so long as the
government makes reasonable accommodations for the
inspection, viewing, and examination of such material
for the purposes of mounting a criminal defense.
[[Page 120 STAT. 625]]
SEC. 502. OTHER RECORD KEEPING REQUIREMENTS.
(a) In General.--Section 2257 of title 18, United States Code, is
amended--
(1) in subsection (a), by inserting after ``videotape,'' the
following: ``digital image, digitally- or computer-manipulated
image of an actual human being, picture,'';
(2) in subsection (e)(1), by adding at the end the
following: ``In this paragraph, the term `copy' includes every
page of a website on which matter described in subsection (a)
appears.'';
(3) in subsection (f), by--
(A) in paragraph (3), by striking ``and'' after the
semicolon;
(B) in paragraph (4), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) for any person to whom subsection (a) applies to
refuse to permit the Attorney General or his or her designee to
conduct an inspection under subsection (c).''; and
(4) by striking subsection (h) and inserting the following:
``(h) In this section--
``(1) the term `actual sexually explicit conduct' means
actual but not simulated conduct as defined in clauses (i)
through (v) of section 2256(2)(A) of this title;
``(2) the term `produces'--
``(A) means--
``(i) actually filming, videotaping,
photographing, creating a picture, digital image,
or digitally- or computer-manipulated image of an
actual human being;
``(ii) digitizing an image, of a visual
depiction of sexually explicit conduct; or,
assembling, manufacturing, publishing,
duplicating, reproducing, or reissuing a book,
magazine, periodical, film, videotape, digital
image, or picture, or other matter intended for
commercial distribution, that contains a visual
depiction of sexually explicit conduct; or
``(iii) inserting on a computer site or
service a digital image of, or otherwise managing
the sexually explicit content, of a computer site
or service that contains a visual depiction of,
sexually explicit conduct; and
``(B) does not include activities that are limited
to--
``(i) photo or film processing, including
digitization of previously existing visual
depictions, as part of a commercial enterprise,
with no other commercial interest in the sexually
explicit material, printing, and video
duplication;
``(ii) distribution;
``(iii) any activity, other than those
activities identified in subparagraph (A), that
does not involve the hiring, contracting for,
managing, or otherwise arranging for the
participation of the depicted performers;
``(iv) the provision of a telecommunications
service, or of an Internet access service or
Internet information location tool (as those terms
are defined in section 231 of the Communications
Act of 1934 (47 U.S.C. 231)); or
[[Page 120 STAT. 626]]
``(v) the transmission, storage, retrieval,
hosting, formatting, or translation (or any
combination thereof) of a communication, without
selection or alteration of the content of the
communication, except that deletion of a
particular communication or material made by
another person in a manner consistent with section
230(c) of the Communications Act of 1934 (47
U.S.C. 230(c)) shall not constitute such selection
or alteration of the content of the communication;
and
``(3) the term `performer' includes any person portrayed in
a visual depiction engaging in, or assisting another person to
engage in, sexually explicit conduct.''.
(b) <<NOTE: 18 USC 2257 note.>> Construction.--The provisions of
section 2257 shall not apply to any depiction of actual sexually
explicit conduct as described in clause (v) of section 2256(2)(A) of
title 18, United States Code, produced in whole or in part, prior to the
effective date of this section unless that depiction also includes
actual sexually explicit conduct as described in clauses (i) through
(iv) of section 2256(2)(A) of title 18, United States Code.
SEC. 503. RECORD KEEPING REQUIREMENTS FOR SIMULATED SEXUAL CONDUCT.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended by inserting after section 2257 the following:
``SEC. 2257A. RECORD KEEPING REQUIREMENTS FOR SIMULATED SEXUAL CONDUCT.
``(a) Whoever produces any book, magazine, periodical, film,
videotape, digital image, digitally- or computer-manipulated image of an
actual human being, picture, or other matter that--
``(1) contains 1 or more visual depictions of simulated
sexually explicit conduct; and
``(2) is produced in whole or in part with materials which
have been mailed or shipped in interstate or foreign commerce,
or is shipped or transported or is intended for shipment or
transportation in interstate or foreign commerce;
shall create and maintain individually identifiable records pertaining
to every performer portrayed in such a visual depiction.
``(b) Any person to whom subsection (a) applies shall, with respect
to every performer portrayed in a visual depiction of simulated sexually
explicit conduct--
``(1) ascertain, by examination of an identification
document containing such information, the performer's name and
date of birth, and require the performer to provide such other
indicia of his or her identity as may be prescribed by
regulations;
``(2) ascertain any name, other than the performer's present
and correct name, ever used by the performer including maiden
name, alias, nickname, stage, or professional name; and
``(3) record in the records required by subsection (a) the
information required by paragraphs (1) and (2) and such other
identifying information as may be prescribed by regulation.
``(c) Any person to whom subsection (a) applies shall maintain the
records required by this section at their business premises, or at such
other place as the Attorney General may by regulation prescribe and
shall make such records available to the Attorney General for inspection
at all reasonable times.
``(d)(1) No information or evidence obtained from records required
to be created or maintained by this section shall, except
[[Page 120 STAT. 627]]
as provided in this section, directly or indirectly, be used as evidence
against any person with respect to any violation of law.
``(2) Paragraph (1) shall not preclude the use of such information
or evidence in a prosecution or other action for a violation of this
chapter or chapter 71, or for a violation of any applicable provision of
law with respect to the furnishing of false information.
``(e)(1) <<NOTE: Regulations.>> Any person to whom subsection (a)
applies shall cause to be affixed to every copy of any matter described
in subsection (a)(1) in such manner and in such form as the Attorney
General shall by regulations prescribe, a statement describing where the
records required by this section with respect to all performers depicted
in that copy of the matter may be located. In this paragraph, the term
`copy' includes every page of a website on which matter described in
subsection (a) appears.
``(2) If the person to whom subsection (a) applies is an
organization the statement required by this subsection shall include the
name, title, and business address of the individual employed by such
organization responsible for maintaining the records required by this
section.
``(f) It shall be unlawful--
``(1) for any person to whom subsection (a) applies to fail
to create or maintain the records as required by subsections (a)
and (c) or by any regulation promulgated under this section;
``(2) for any person to whom subsection (a) applies
knowingly to make any false entry in or knowingly to fail to
make an appropriate entry in, any record required by subsection
(b) or any regulation promulgated under this section;
``(3) for any person to whom subsection (a) applies
knowingly to fail to comply with the provisions of subsection
(e) or any regulation promulgated pursuant to that subsection;
or
``(4) for any person knowingly to sell or otherwise
transfer, or offer for sale or transfer, any book, magazine,
periodical, film, video, or other matter, produced in whole or
in part with materials which have been mailed or shipped in
interstate or foreign commerce or which is intended for shipment
in interstate or foreign commerce, that--
``(A) contains 1 or more visual depictions made
after the date of enactment of this subsection of
simulated sexually explicit conduct; and
``(B) is produced in whole or in part with materials
which have been mailed or shipped in interstate or
foreign commerce, or is shipped or transported or is
intended for shipment or transportation in interstate or
foreign commerce;
which does not have affixed thereto, in a manner prescribed as
set forth in subsection (e)(1), a statement describing where the
records required by this section may be located, but such person
shall have no duty to determine the accuracy of the contents of
the statement or the records required to be kept.
``(5) for any person to whom subsection (a) applies to
refuse to permit the Attorney General or his or her designee to
conduct an inspection under subsection (c).
``(g) As used in this section, the terms `produces' and `performer'
have the same meaning as in section 2257(h) of this title.
``(h)(1) The provisions of this section and section 2257 shall not
apply to matter, or any image therein, containing one or more
[[Page 120 STAT. 628]]
visual depictions of simulated sexually explicit conduct, or actual
sexually explicit conduct as described in clause (v) of section
2256(2)(A), if such matter--
``(A)(i) is intended for commercial distribution;
``(ii) is created as a part of a commercial enterprise by a
person who certifies to the Attorney General that such person
regularly and in the normal course of business collects and
maintains individually identifiable information regarding all
performers, including minor performers, employed by that person,
pursuant to Federal and State tax, labor, and other laws, labor
agreements, or otherwise pursuant to industry standards, where
such information includes the name, address, and date of birth
of the performer; and
``(iii) is not produced, marketed or made available by the
person described in clause (ii) to another in circumstances such
than an ordinary person would conclude that the matter contains
a visual depiction that is child pornography as defined in
section 2256(8); or
``(B)(i) is subject to the authority and regulation of the
Federal Communications Commission acting in its capacity to
enforce section 1464 of this title, regarding the broadcast of
obscene, indecent or profane programming; and
``(ii) is created as a part of a commercial enterprise by a
person who certifies to the Attorney General that such person
regularly and in the normal course of business collects and
maintains individually identifiable information regarding all
performers, including minor performers, employed by that person,
pursuant to Federal and State tax, labor, and other laws, labor
agreements, or otherwise pursuant to industry standards, where
such information includes the name, address, and date of birth
of the performer.
``(2) Nothing in subparagraphs (A) and (B) of paragraph (1) shall be
construed to exempt any matter that contains any visual depiction that
is child pornography, as defined in section 2256(8), or is actual
sexually explicit conduct within the definitions in clauses (i) through
(iv) of section 2256(2)(A).
``(i)(1) <<NOTE: Penalties.>> Whoever violates this section shall be
imprisoned for not more than 1 year, and fined in accordance with the
provisions of this title, or both.
``(2) Whoever violates this section in an effort to conceal a
substantive offense involving the causing, transporting, permitting or
offering or seeking by notice or advertisement, a minor to engage in
sexually explicit conduct for the purpose of producing a visual
depiction of such conduct in violation of this title, or to conceal a
substantive offense that involved trafficking in material involving the
sexual exploitation of a minor, including receiving, transporting,
advertising, or possessing material involving the sexual exploitation of
a minor with intent to traffic, in violation of this title, shall be
imprisoned for not more than 5 years and fined in accordance with the
provisions of this title, or both.
``(3) Whoever violates paragraph (2) after having been previously
convicted of a violation punishable under that paragraph shall be
imprisoned for any period of years not more than 10 years but not less
than 2 years, and fined in accordance with the provisions of this title,
or both.
``The <<NOTE: Effective date. Federal Register,
publication.>> provisions of this section shall not become effective
until 90 days after the final regulations implementing this section are
[[Page 120 STAT. 629]]
published in the Federal Register. The provisions of this section shall
not apply to any matter, or image therein, produced, in whole or in
part, prior to the effective date of this section.
``(k) <<NOTE: Deadline. Reports.>> On an annual basis, the Attorney
General shall submit a report to Congress--
``(1) concerning the enforcement of this section and section
2257 by the Department of Justice during the previous 12-month
period; and
``(2) including--
``(A) the number of inspections undertaken pursuant
to this section and section 2257;
``(B) the number of open investigations pursuant to
this section and section 2257;
``(C) the number of cases in which a person has been
charged with a violation of this section and section
2257; and
``(D) for each case listed in response to
subparagraph (C), the name of the lead defendant, the
federal district in which the case was brought, the
court tracking number, and a synopsis of the violation
and its disposition, if any, including settlements,
sentences, recoveries and penalties.''.
(b) Chapter Analysis.--The chapter analysis for chapter 110 of title
18, United States Code, is amended by inserting after the item for
section 2257 the following:
``2257A. Recordkeeping requirements for simulated sexual conduct.''.
SEC. 504. PREVENTION OF DISTRIBUTION OF CHILD PORNOGRAPHY USED AS
EVIDENCE IN PROSECUTIONS.
Section 3509 of title 18, United States Code, is amended by adding
at the end the following:
``(m) Prohibition on Reproduction of Child Pornography.--
``(1) In any criminal proceeding, any property or material
that constitutes child pornography (as defined by section 2256
of this title) shall remain in the care, custody, and control of
either the Government or the court.
``(2)(A) Notwithstanding Rule 16 of the Federal Rules of
Criminal Procedure, a court shall deny, in any criminal
proceeding, any request by the defendant to copy, photograph,
duplicate, or otherwise reproduce any property or material that
constitutes child pornography (as defined by section 2256 of
this title), so long as the Government makes the property or
material reasonably available to the defendant.
``(B) For the purposes of subparagraph (A), property or
material shall be deemed to be reasonably available to the
defendant if the Government provides ample opportunity for
inspection, viewing, and examination at a Government facility of
the property or material by the defendant, his or her attorney,
and any individual the defendant may seek to qualify to furnish
expert testimony at trial.''.
SEC. 505. AUTHORIZING CIVIL AND CRIMINAL ASSET FORFEITURE IN CHILD
EXPLOITATION AND OBSCENITY CASES.
(a) Conforming Forfeiture Procedures for Obscenity Offenses.--
Section 1467 of title 18, United States Code, is amended--
(1) in subsection (a)(3), by inserting a period after ``of
such offense'' and striking all that follows; and
[[Page 120 STAT. 630]]
(2) by striking subsections (b) through (n) and inserting
the following:
``(b) <<NOTE: Applicability.>> The provisions of section 413 of the
Controlled Substances Act (21 U.S.C. 853), with the exception of
subsections (a) and (d), shall apply to the criminal forfeiture of
property pursuant to subsection (a).
``(c) Any property subject to forfeiture pursuant to subsection (a)
may be forfeited to the United States in a civil case in accordance with
the procedures set forth in chapter 46 of this title.''.
(b) Property Subject to Criminal Forfeiture.--Section 2253(a) of
title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting ``or who is convicted of an offense
under section 2252B of this chapter,'' after ``2260 of
this chapter''; and
(B) by striking ``an offense under section 2421,
2422, or 2423 of chapter 117'' and inserting ``an
offense under chapter 109A'';
(2) in paragraph (1), by inserting ``2252A, 2252B, or 2260''
after ``2252''; and
(3) in paragraph (3), by inserting ``or any property
traceable to such property'' before the period.
(c) Criminal Forfeiture Procedure.--Section 2253 of title 18, United
States Code, is amended by striking subsections (b) through (o) and
inserting the following:
``(b) <<NOTE: Applicability.>> Section 413 of the Controlled
Substances Act (21 U.S.C. 853) with the exception of subsections (a) and
(d), applies to the criminal forfeiture of property pursuant to
subsection (a).''.
(d) Civil Forfeiture.--Section 2254 of title 18, United States Code,
is amended to read as follows:
``Sec. 2254. Civil forfeiture
``Any property subject to forfeiture pursuant to section 2253 may be
forfeited to the United States in a civil case in accordance with the
procedures set forth in chapter 46.''.
SEC. 506. PROHIBITING THE PRODUCTION OF OBSCENITY AS WELL AS
TRANSPORTATION, DISTRIBUTION, AND SALE.
(a) Section 1465.--Section 1465 of title 18 of the United States
Code is amended--
(1) by inserting ``production and'' before
``transportation'' in the heading of the section;
(2) by inserting ``produces with the intent to transport,
distribute, or transmit in interstate or foreign commerce, or
whoever knowingly'' after ``whoever knowingly'' and before
``transports or travels in''; and
(3) by inserting a comma after ``in or affecting such
commerce''.
(b) Section 1466.--Section 1466 of title 18 of the United States
Code is amended--
(1) in subsection (a), by inserting ``producing with intent
to distribute or sell, or'' before ``selling or transferring
obscene matter,'';
(2) in subsection (b), by inserting, ``produces'' before
``sells or transfers or offers to sell or transfer obscene
matter''; and
[[Page 120 STAT. 631]]
(3) in subsection (b) by inserting ``production,'' before
``selling or transferring or offering to sell or transfer such
material.''.
SEC. 507. GUARDIANS AD LITEM.
Section 3509(h)(1) of title 18, United States Code, is amended by
inserting ``, and provide reasonable compensation and payment of
expenses for,'' before ``a guardian''.
TITLE VI--GRANTS, STUDIES, AND PROGRAMS FOR CHILDREN AND COMMUNITY
SAFETY
Subtitle <<NOTE: Mentoring Matches for Youth Act of 2006.>> A--Mentoring
Matches for Youth Act
SEC. 601. <<NOTE: 42 USC 5611 note.>> SHORT TITLE.
This subtitle may be cited as the ``Mentoring Matches for Youth Act
of 2006''.
SEC. 602. <<NOTE: 42 USC 5611 note.>> FINDINGS.
Congress finds the following:
(1) Big Brothers Big Sisters of America, which was founded
in 1904 and chartered by Congress in 1958, is the oldest and
largest mentoring organization in the United States.
(2) There are over 450 Big Brothers Big Sisters of America
local agencies providing mentoring programs for at-risk children
in over 5,000 communities throughout every State, Guam, and
Puerto Rico.
(3) Over the last decade, Big Brothers Big Sisters of
America has raised a minimum of 75 percent of its annual
operating budget from private sources and is continually working
to grow private sources of funding to maintain this ratio of
private to Federal funds.
(4) In 2005, Big Brothers Big Sisters of America provided
mentors for over 235,000 children.
(5) Big Brothers Big Sisters of America has a goal to
provide mentors for 1,000,000 children per year.
SEC. 603. <<NOTE: 42 USC 5611 note.>> GRANT PROGRAM FOR EXPANDING BIG
BROTHERS BIG SISTERS MENTORING PROGRAM.
In each of fiscal years 2007 through 2012, the Administrator of the
Office of Juvenile Justice and Delinquency Prevention (hereafter in this
Act referred to as the ``Administrator'') may make grants to Big
Brothers Big Sisters of America to use for expanding the capacity of and
carrying out the Big Brothers Big Sisters mentoring programs for at-risk
youth.
SEC. 604. <<NOTE: 42 USC 5611 note.>> BIANNUAL REPORT.
(a) In General.--Big Brothers Big Sisters of America shall submit 2
reports to the Administrator in each of fiscal years 2007 through 2013.
Big Brothers Big Sisters of America shall submit the first report in a
fiscal year not later than April 1 of that fiscal year and the second
report in a fiscal year not later than September 30 of that fiscal year.
[[Page 120 STAT. 632]]
(b) Required Content.--Each such report shall include the following:
(1) A detailed statement of the progress made by Big
Brothers Big Sisters of America in expanding the capacity of and
carrying out mentoring programs for at-risk youth.
(2) A detailed statement of how the amounts received under
this Act have been used.
(3) A detailed assessment of the effectiveness of the
mentoring programs.
(4) Recommendations for continued grants and the appropriate
amounts for such grants.
SEC. 605. <<NOTE: 42 USC 5611 note.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $9,000,000 for fiscal year 2007;
(2) $10,000,000 for fiscal year 2008;
(3) $11,500,000 for fiscal year 2009;
(4) $13,000,000 for fiscal year 2010; and
(5) $15,000,000 for fiscal year 2011.
Subtitle <<NOTE: National Police Athletic League Youth Enrichment
Reauthorization Act of 2006. 42 USC 13701 note.>> B--National Police
Athletic League Youth Enrichment Act
SEC. 611. SHORT TITLE.
This subtitle may be cited as the ``National Police Athletic League
Youth Enrichment Reauthorization Act of 2006''.
SEC. 612. FINDINGS.
Section 2 of the National Police Athletic League Youth Enrichment
Act of 2000 (42 U.S.C. 13751 note) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (C) through (G)
as subparagraphs (D) through (H), respectively; and
(B) by inserting after subparagraph (B) the
following:
``(C) develop life enhancing character and
leadership skills in young people;'';
(2) in paragraph (2) by striking ``55-year'' and inserting
``90-year'';
(3) in paragraph (3)--
(A) by striking ``320 PAL chapters'' and inserting
``350 PAL chapters''; and
(B) by striking ``1,500,000 youth'' and inserting
``2,000,000 youth'';
(4) in paragraph (4), by striking ``82 percent'' and
inserting ``85 percent'';
(5) in paragraph (5), in the second sentence, by striking
``receive no'' and inserting ``rarely receive'';
(6) in paragraph (6), by striking ``17 are at risk'' and
inserting ``18 are at risk''; and
(7) in paragraph (7), by striking ``1999'' and inserting
``2005''.
SEC. 613. PURPOSE.
Section 3 of the National Police Athletic League Youth Enrichment
Act of 2000 (42 U.S.C. 13751 note) is amended--
(1) in paragraph (1)--
[[Page 120 STAT. 633]]
(A) by striking ``320 established PAL chapters'' and
inserting ``342 established PAL chapters''; and
(B) by striking ``and'' at the end;
(2) in paragraph (2), by striking ``2006.'' and inserting
``2010; and''; and
(3) by adding at the end the following:
``(3) support of an annual gathering of PAL chapters and
designated youth leaders from such chapters to participate in a
3-day conference that addresses national and local issues
impacting the youth of America and includes educational sessions
to advance character and leadership skills.''.
SEC. 614. GRANTS AUTHORIZED.
Section 5 of the National Police Athletic League Youth Enrichment
Act of 2000 (42 U.S.C. 13751 note) is amended--
(1) in subsection (a), by striking ``2001 through 2005'' and
inserting ``2006 through 2010''; and
(2) in subsection (b)(1)(B), by striking ``not less than 570
PAL chapters in operation before January 1, 2004'' and inserting
``not fewer than 500 PAL chapters in operation before January 1,
2010''.
SEC. 615. USE OF FUNDS.
Section 6(a)(2) of the National Police Athletic League Youth
Enrichment Act of 2000 (42 U.S.C. 13751 note) is amended--
(1) in the matter preceding subparagraph (A), by striking
``four'' and inserting ``two''; and
(2) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``two programs'' and inserting ``one program'';
(B) in clause (iii), by striking ``or'';
(C) in clause (iv), by striking ``and'' and
inserting ``or''; and
(D) by inserting after clause (iv) the following:
``(v) character development and leadership
training; and''.
SEC. 616. AUTHORIZATION OF APPROPRIATIONS.
Section 8(a) of the National Police Athletic League Youth Enrichment
Act of 2000 (42 U.S.C. 13751 note) is amended by striking ``2001 through
2005'' and inserting ``2006 through 2010''.
SEC. 617. NAME OF LEAGUE.
(a) Definitions.--Section 4(4) of the National Police Athletic
League Youth Enrichment Act of 2000 (42 U.S.C. 13751 note) is amended in
the paragraph heading, by striking ``Athletic'' and inserting
``Athletic/activities''.
(b) Text.--The National Police Athletic League Youth Enrichment Act
of 2000 (42 U.S.C. 13751 note) is amended by striking ``Police Athletic
League'' each place such term appears and inserting ``Police Athletic/
Activities League''.
Subtitle C--Grants, Studies, and Other Provisions
SEC. 621. <<NOTE: 42 USC 16981.>> PILOT PROGRAM FOR MONITORING SEXUAL
OFFENDERS.
(a) Sex Offender Monitoring Program.--
[[Page 120 STAT. 634]]
(1) Grants authorized.--
(A) In general.--The Attorney General is authorized
to award grants (referred to as ``Jessica Lunsford and
Sarah Lunde Grants'') to States, local governments, and
Indian tribal governments to assist in--
(i) carrying out programs to outfit sex
offenders with electronic monitoring units; and
(ii) the employment of law enforcement
officials necessary to carry out such programs.
(B) Duration.--The Attorney General shall award
grants under this section for a period not to exceed 3
years.
(C) Minimum standards.--The electronic monitoring
units used in the pilot program shall at a minimum--
(i) provide a single-unit tracking device for
each offender that--
(I) contains a central processing
unit with global positioning system and
cellular technology in a single unit;
and
(II) provides two- and three-way
voice communication; and
(ii) permit active, real-time, and continuous
monitoring of offenders 24 hours a day.
(2) Application.--
(A) In general.--Each State, local government, or
Indian tribal government 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.
(B) Contents.--Each application submitted pursuant
to subparagraph (A) shall--
(i) describe the activities for which
assistance under this section is sought; and
(ii) provide such additional assurances as the
Attorney General determines to be essential to
ensure compliance with the requirements of this
section.
(b) Innovation.--In making grants under this section, the Attorney
General shall ensure that different approaches to monitoring are funded
to allow an assessment of effectiveness.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$5,000,000 for each of the fiscal years 2007 through 2009 to
carry out this section.
(2) Report.--Not later than September 1, 2010, the Attorney
General shall report to Congress--
(A) assessing the effectiveness and value of this
section;
(B) comparing the cost effectiveness of the
electronic monitoring to reduce sex offenses compared to
other alternatives; and
(C) making recommendations for continuing funding
and the appropriate levels for such funding.
SEC. 622. TREATMENT AND MANAGEMENT OF SEX OFFENDERS IN THE BUREAU OF
PRISONS.
Section 3621 of title 18, United States Code, is amended by adding
at the end the following new subsection:
[[Page 120 STAT. 635]]
``(f) Sex Offender Management.--
``(1) In general.--The Bureau of Prisons shall make
available appropriate treatment to sex offenders who are in need
of and suitable for treatment, as follows:
``(A) Sex offender management programs.--The Bureau
of Prisons shall establish non-residential sex offender
management programs to provide appropriate treatment,
monitoring, and supervision of sex offenders and to
provide aftercare during pre-release custody.
``(B) Residential sex offender treatment programs.--
The Bureau of Prisons shall establish residential sex
offender treatment programs to provide treatment to sex
offenders who volunteer for such programs and are deemed
by the Bureau of Prisons to be in need of and suitable
for residential treatment.
``(2) Regions.--At least 1 sex offender management program
under paragraph (1)(A), and at least one residential sex
offender treatment program under paragraph (1)(B), shall be
established in each region within the Bureau of Prisons.
``(3) Authorization of appropriations.--There are authorized
to be appropriated to the Bureau of Prisons for each fiscal year
such sums as may be necessary to carry out this subsection.''.
SEC. 623. SEX OFFENDER APPREHENSION GRANTS; JUVENILE SEX OFFENDER
TREATMENT GRANTS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is
amended by adding at the end the following new part:
``PART X--SEX OFFENDER APPREHENSION GRANTS; JUVENILE SEX OFFENDER
TREATMENT GRANTS
``SEC. 3011. <<NOTE: 42 USC 3797ee.>> SEX OFFENDER APPREHENSION GRANTS.
``(a) Authority To Make Sex Offender Apprehension Grants.--
``(1) In general.--From amounts made available to carry out
this part, the Attorney General may make grants to States, units
of local government, Indian tribal governments, other public and
private entities, and multi-jurisdictional or regional consortia
thereof for activities specified in paragraph (2).
``(2) Covered activities.--An activity referred to in
paragraph (1) is any program, project, or other activity to
assist a State in enforcing sex offender registration
requirements.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for fiscal years 2007 through
2009 to carry out this part.
``SEC. 3012. <<NOTE: 42 USC 3797ee-1.>> JUVENILE SEX OFFENDER TREATMENT
GRANTS.
``(a) Authority To Make Juvenile Sex Offender Treatment Grants.--
``(1) In general.--From amounts made available to carry out
this part, the Attorney General may make grants to units of
local government, Indian tribal governments, correctional
facilities, other public and private entities, and
multijurisdictional or regional consortia thereof for activities
specified in paragraph (2).
[[Page 120 STAT. 636]]
``(2) Covered activities.--An activity referred to in
paragraph (1) is any program, project, or other activity to
assist in the treatment of juvenile sex offenders.
``(b) Juvenile Sex Offender Defined.--For purposes of this section,
the term `juvenile sex offender' is a sex offender who had not attained
the age of 18 years at the time of his or her offense.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of fiscal years 2007 through 2009 to
carry out this part.''.
SEC. 624. <<NOTE: 42 USC 16982.>> ASSISTANCE FOR PROSECUTION OF CASES
CLEARED THROUGH USE OF DNA BACKLOG CLEARANCE FUNDS.
(a) In General.--The Attorney General may make grants to train and
employ personnel to help prosecute cases cleared through use of funds
provided for DNA backlog elimination.
(b) Authorization.--There are authorized to be appropriated such
sums as may be necessary for each of fiscal years 2007 through 2011 to
carry out this section.
SEC. 625. <<NOTE: 42 USC 16983.>> GRANTS TO COMBAT SEXUAL ABUSE OF
CHILDREN.
(a) In General.--The Bureau of Justice Assistance is authorized to
make grants under this section--
(1) to any law enforcement agency that serves a jurisdiction
with 50,000 or more residents; and
(2) to any law enforcement agency that serves a jurisdiction
with fewer than 50,000 residents, upon a showing of need.
(b) Use of Grant Amounts.--Grants under this section may be used by
the law enforcement agency to--
(1) hire additional law enforcement personnel or train
existing staff to combat the sexual abuse of children through
community education and outreach, investigation of complaints,
enforcement of laws relating to sex offender registries, and
management of released sex offenders;
(2) investigate the use of the Internet to facilitate the
sexual abuse of children; and
(3) purchase computer hardware and software necessary to
investigate sexual abuse of children over the Internet, access
local, State, and Federal databases needed to apprehend sex
offenders, and facilitate the creation and enforcement of sex
offender registries.
(c) Criteria.--The Attorney General shall give priority to law
enforcement agencies making a showing of need.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for fiscal years 2007 through
2009 to carry out this section.
SEC. 626. CRIME PREVENTION CAMPAIGN GRANT.
Subpart 2 of part E of title I of the Omnibus Crime Control and Safe
Street Act of 1968 is amended by adding at the end the following new
chapter:
``CHAPTER 4--GRANTS TO PRIVATE ENTITIES
``SEC. 519. <<NOTE: 42 USC 3765.>> CRIME PREVENTION CAMPAIGN GRANT.
``(a) Grant Authorization.--The Attorney General may provide a grant
to a national private, nonprofit organization that has expertise in
promoting crime prevention through public outreach and media campaigns
in coordination with law enforcement
[[Page 120 STAT. 637]]
agencies and other local government officials, and representatives of
community public interest organizations, including schools and youth-
serving organizations, faith-based, and victims' organizations and
employers.
``(b) Application.--To request a grant under this section, an
organization described in subsection (a) shall submit an application to
the Attorney General in such form and containing such information as the
Attorney General may require.
``(c) Use of Funds.--An organization that receives a grant under
this section shall--
``(1) create and promote national public communications
campaigns;
``(2) develop and distribute publications and other
educational materials that promote crime prevention;
``(3) design and maintain web sites and related web-based
materials and tools;
``(4) design and deliver training for law enforcement
personnel, community leaders, and other partners in public
safety and hometown security initiatives;
``(5) design and deliver technical assistance to States,
local jurisdictions, and crime prevention practitioners and
associations;
``(6) coordinate a coalition of Federal, national, and
statewide organizations and communities supporting crime
prevention;
``(7) design, deliver, and assess demonstration programs;
``(8) operate McGruff-related programs, including McGruff
Club;
``(9) operate the Teens, Crime, and Community Program; and
``(10) evaluate crime prevention programs and trends.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) for fiscal year 2007, $7,000,000;
``(2) for fiscal year 2008, $8,000,000;
``(3) for fiscal year 2009, $9,000,000; and
``(4) for fiscal year 2010, $10,000,000.''.
SEC. 627. <<NOTE: 42 USC 16984.>> GRANTS FOR FINGERPRINTING PROGRAMS FOR
CHILDREN.
(a) In General.--The Attorney General shall establish and implement
a program under which the Attorney General may make grants to States,
units of local government, and Indian tribal governments in accordance
with this section.
(b) Use of Grant Amounts.--A grant made to a State, unit of local
government, or Indian tribal government under subsection (a) shall be
distributed to law enforcement agencies within the jurisdiction of such
State, unit, or tribal government to be used for any of the following
activities:
(1) To establish a voluntary fingerprinting program for
children, which may include the taking of palm prints of
children.
(2) To hire additional law enforcement personnel, or train
existing law enforcement personnel, to take fingerprints of
children.
(3) To provide information within the community involved
about the existence of such a fingerprinting program.
[[Page 120 STAT. 638]]
(4) To provide for computer hardware, computer software, or
other materials necessary to carry out such a fingerprinting
program.
(c) Limitation.--Fingerprints of a child derived from a program
funded under this section--
(1) may be released only to a parent or guardian of the
child; and
(2) may not be copied or retained by any Federal, State,
local, or tribal law enforcement officer unless written
permission is given by the parent or guardian.
(d) Criminal Penalty.--Any person who uses the fingerprints of a
child derived from a program funded under this section for any purpose
other than the purpose described in subsection (c)(1) shall be subject
to imprisonment for not more than 1 year, a fine under title 18, United
States Code, or both.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $20,000,000 to carry out this section for the 5-year period
beginning on the first day of fiscal year 2007.
SEC. 628. <<NOTE: 42 USC 16985.>> GRANTS FOR RAPE, ABUSE & INCEST
NATIONAL NETWORK.
(a) Findings.--Congress finds as follows:
(1) More than 200,000 Americans each year are victims of
sexual assault, according to the Department of Justice.
(2) In 2004, 1 American was sexually assaulted every 2.5
minutes.
(3) One of every 6 women, and 1 of every 133 men, in America
has been the victim of a completed or attempted rape, according
to the Department of Justice.
(4) The Federal Bureau of Investigation ranks rape second in
the hierarchy of violent crimes for its Uniform Crime Reports,
trailing only murder.
(5) The Federal Government, through the Victims of Crime
Act, Violence Against Women Act, and other laws, has long played
a role in providing services to sexual assault victims and in
seeking policies to increase the number of rapists brought to
justice.
(6) Research suggests that sexual assault victims who
receive counseling support are more likely to report their
attack to the police and to participate in the prosecution of
the offender.
(7) Due in part to the combined efforts of law enforcement
officials at the local, State, and Federal level, as well as the
efforts of the Rape, Abuse & Incest National Network (RAINN) and
its affiliated rape crisis centers across the United States,
sexual violence in America has fallen by more than half since
1994.
(8) RAINN, a 501(c)(3) nonprofit corporation headquartered
in the District of Columbia, has since 1994 provided help to
victims of sexual assault and educated the public about sexual
assault prevention, prosecution, and recovery.
(9) RAINN established and continues to operate the National
Sexual Assault Hotline, a free, confidential telephone hotline
that provides help, 24 hours a day, to victims nationally.
(10) More than 1,100 local rape crisis centers in the 50
States and the District of Columbia partner with RAINN and are
members of the National Sexual Assault Hotline network
[[Page 120 STAT. 639]]
(which has helped more than 970,000 people since its inception
in 1994).
(11) To better serve victims of sexual assault, 80 percent
of whom are under age 30 and 44 percent of whom are under age
18, RAINN will soon launch the National Sexual Assault Online
Hotline, the web's first secure hotline service offering live
help 24 hours a day.
(12) Congress and the Department of Justice have given RAINN
funding to conduct its crucial work.
(13) RAINN is a national model of public/private
partnership, raising private sector funds to match congressional
appropriations and receiving extensive private in-kind support,
including advanced technology provided by the communications and
technology industries to launch the National Sexual Assault
Hotline and the National Sexual Assault Online Hotline.
(14) Worth magazine selected RAINN as one of ``America's 100
Best Charities'', in recognition of the organization's
``efficiency and effectiveness.''.
(15) In fiscal year 2005, RAINN spent more than 91 cents of
every dollar received directly on program services.
(16) The demand for RAINN's services is growing
dramatically, as evidenced by the fact that, in 2005, the
National Sexual Assault Hotline helped 137,039 people, an all-
time record.
(17) The programs sponsored by RAINN and its local
affiliates have contributed to the increase in the percentage of
victims who report their rape to law enforcement.
(18) According to a recent poll, 92 percent of American
women said that fighting sexual and domestic violence should be
a top public policy priority (a higher percentage than chose
health care, child care, or any other issue).
(19) Authorizing Federal funds for RAINN's national programs
would promote continued progress with this interstate problem
and would make a significant difference in the prosecution of
rapists and the overall incidence of sexual violence.
(b) Duties and Functions of the Administrator.--
(1) Description of activities.--The Administrator shall--
(A) <<NOTE: Regulations.>> issue such rules as the
Administrator considers necessary or appropriate to
carry out this section;
(B) make such arrangements as may be necessary and
appropriate to facilitate effective coordination among
all Federally funded programs relating to victims of
sexual assault; and
(C) provide adequate staff and agency resources
which are necessary to properly carry out the
responsibilities pursuant to this section.
(2) Annual grant to rape, abuse & incest national network.--
The Administrator shall annually make a grant to RAINN, which
shall be used for the performance of the organization's national
programs, which may include--
(A) operation of the National Sexual Assault
Hotline, a 24-hour toll-free telephone line by which
individuals may receive help and information from
trained volunteers;
(B) operation of the National Sexual Assault Online
Hotline, a 24-hour free online service by which
individuals may receive help and information from
trained volunteers;
[[Page 120 STAT. 640]]
(C) education of the media, the general public, and
populations at risk of sexual assault about the
incidence of sexual violence and sexual violence
prevention, prosecution, and recovery;
(D) dissemination, on a national basis, of
information relating to innovative and model programs,
services, laws, legislation, and policies that benefit
victims of sexual assault; and
(E) provision of technical assistance to law
enforcement agencies, State and local governments, the
criminal justice system, public and private nonprofit
agencies, and individuals in the investigation and
prosecution of cases involving victims of sexual
assault.
(c) Definitions.--For the purposes of this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Office of Juvenile Justice and Delinquency
Prevention.
(2) Rainn.--The term ``RAINN'' means the Rape, Abuse &
Incest National Network, a 501(c)(3) nonprofit corporation
headquartered in the District of Columbia.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section, $3,000,000
for each of fiscal years 2007 through 2010.
SEC. 629. <<NOTE: 42 USC 16986.>> CHILDREN'S SAFETY ONLINE AWARENESS
CAMPAIGNS.
(a) Awareness Campaign for Children's Safety Online.--
(1) In general.--The Attorney General, in consultation with
the National Center for Missing and Exploited Children, is
authorized to develop and carry out a public awareness campaign
to demonstrate, explain, and encourage children, parents, and
community leaders to better protect children when such children
are on the Internet.
(2) Required components.--The public awareness campaign
described under paragraph (1) shall include components that
compliment and reinforce the campaign message in a variety of
media, including the Internet, television, radio, and
billboards.
(b) Awareness Campaign Regarding the Accessibility and Utilization
of Sex Offender Registries.--The Attorney General, in consultation with
the National Center for Missing and Exploited Children, is authorized to
develop and carry out a public awareness campaign to demonstrate,
explain, and encourage parents and community leaders to better access
and utilize the Federal and State sex offender registries.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
fiscal years 2007 through 2011.
SEC. 630. <<NOTE: 42 USC 16987.>> GRANTS FOR ONLINE CHILD SAFETY
PROGRAMS.
(a) In General.--The Attorney General shall, subject to the
availability of appropriations, make grants to States, units of local
government, and nonprofit organizations for the purposes of establishing
and maintaining programs with respect to improving and educating
children and parents in the best ways for children to be safe when on
the Internet.
(b) Definition of State.--For purposes of this section, the term
``State'' means any State of the United States, the District
[[Page 120 STAT. 641]]
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
fiscal years 2007 through 2011.
SEC. 631. <<NOTE: 42 USC 16988.>> JESSICA LUNSFORD ADDRESS VERIFICATION
GRANT PROGRAM.
(a) Establishment.--There is established the Jessica Lunsford
Address Verification Grant Program (hereinafter in this section referred
to as the ``Program'').
(b) Grants Authorized.--Under the Program, the Attorney General is
authorized to award grants to State, local governments, and Indian
tribal governments to assist in carrying out programs requiring an
appropriate official to verify, at appropriate intervals, the residence
of all or some registered sex offenders.
(c) Application.--
(1) In general.--Each State or local government seeking 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.
(d) Innovation.--In making grants under this section, the Attorney
General shall ensure that different approaches to address verification
are funded to allow an assessment of effectiveness.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated for
each of the fiscal years 2007 through 2009 such sums as may be
necessary to carry out this section.
(2) Report.--Not later than April 1, 2009, the Attorney
General shall report to Congress--
(A) assessing the effectiveness and value of this
section;
(B) comparing the cost effectiveness of address
verification to reduce sex offenses compared to other
alternatives; and
(C) making recommendations for continuing funding
and the appropriate levels for such funding.
SEC. 632. <<NOTE: 42 USC 16989.>> FUGITIVE SAFE SURRENDER.
(a) Findings.--Congress finds the following:
(1) Fugitive Safe Surrender is a program of the United
States Marshals Service, in partnership with public, private,
and faith-based organizations, which temporarily transforms a
church into a courthouse, so fugitives can turn themselves in,
in an atmosphere where they feel more comfortable to do so, and
have nonviolent cases adjudicated immediately.
(2) In the 4-day pilot program in Cleveland, Ohio, over 800
fugitives turned themselves in. By contrast, a successful
Fugitive Task Force sweep, conducted for 3 days after Fugitive
Safe Surrender, resulted in the arrest of 65 individuals.
[[Page 120 STAT. 642]]
(3) Fugitive Safe Surrender is safer for defendants, law
enforcement, and innocent bystanders than needing to conduct a
sweep.
(4) Based upon the success of the pilot program, Fugitive
Safe Surrender should be expanded to other cities throughout the
United States.
(b) Establishment.--The United States Marshals Service shall
establish, direct, and coordinate a program (to be known as the
``Fugitive Safe Surrender Program''), under which the United States
Marshals Service shall apprehend Federal, State, and local fugitives in
a safe, secure, and peaceful manner to be coordinated with law
enforcement and community leaders in designated cities throughout the
United States.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the United States Marshals Service to carry out this
section--
(1) $3,000,000 for fiscal year 2007;
(2) $5,000,000 for fiscal year 2008; and
(3) $8,000,000 for fiscal year 2009.
(d) Other Existing Applicable Law.--Nothing in this section shall be
construed to limit any existing authority under any other provision of
Federal or State law for law enforcement agencies to locate or apprehend
fugitives through task forces or any other means.
SEC. 633. <<NOTE: 42 USC 16990.>> NATIONAL REGISTRY OF SUBSTANTIATED
CASES OF CHILD ABUSE.
(a) In General.--The Secretary of Health and Human Services, in
consultation with the Attorney General, shall create a national registry
of substantiated cases of child abuse or neglect.
(b) Information.--
(1) Collection.--The information in the registry described
in subsection (a) shall be supplied by States and Indian tribes,
or, at the option of a State, by political subdivisions of such
State, to the Secretary of Health and Human Services.
(2) Type of information.--The registry described in
subsection (a) shall collect in a central electronic registry
information on persons reported to a State, Indian tribe, or
political subdivision of a State as perpetrators of a
substantiated case of child abuse or neglect.
(c) Scope of Information.--
(1) In general.--
(A) Treatment of reports.--The information to be
provided to the Secretary of Health and Human Services
under this section shall relate to substantiated reports
of child abuse or neglect.
(B) Exception.--If a State, Indian tribe, or
political subdivision of a State has an electronic
register of cases of child abuse or neglect equivalent
to the registry established under this section that it
maintains pursuant to a requirement or authorization
under any other provision of law, the information
provided to the Secretary of Health and Human Services
under this section shall be coextensive with that in
such register.
(2) Form.--Information provided to the Secretary of Health
and Human Services under this section--
[[Page 120 STAT. 643]]
(A) <<NOTE: Electronic information.>> shall be in a
standardized electronic form determined by the Secretary
of Health and Human Services; and
(B) shall contain case-specific identifying
information that is limited to the name of the
perpetrator and the nature of the substantiated case of
child abuse or neglect, and that complies with clauses
(viii) and (ix) of section 106(b)(2)(A) of the Child
Abuse Prevention and Treatment Act (42 U.S.C.
5106(b)(2)(A) (viii) and (ix)).
(d) Construction.--This section shall not be construed to require a
State, Indian tribe, or political subdivision of a State to modify--
(1) an equivalent register of cases of child abuse or
neglect that it maintains pursuant to a requirement or
authorization under any other provision of law; or
(2) any other record relating to child abuse or neglect,
regardless of whether the report of abuse or neglect was
substantiated, unsubstantiated, or determined to be unfounded.
(e) Accessibility.--Information contained in the national registry
shall only be accessible to any Federal, State, Indian tribe, or local
government entity, or any agent of such entities, that has a need for
such information in order to carry out its responsibilities under law to
protect children from child abuse and neglect.
(f) Dissemination.--The <<NOTE: Regulations.>> Secretary of Health
and Human Services shall establish standards for the dissemination of
information in the national registry of substantiated cases of child
abuse or neglect. Such standards shall comply with clauses (viii) and
(ix) of section 106(b)(2)(A) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106(b)(2)(A) (viii) and (ix)).
(g) Study.--
(1) In general.--The Secretary of Health and Human Services
shall conduct a study on the feasibility of establishing data
collection standards for a national child abuse and neglect
registry with recommendations and findings concerning--
(A) costs and benefits of such data collection
standards;
(B) data collection standards currently employed by
each State, Indian tribe, or political subdivision of a
State;
(C) data collection standards that should be
considered to establish a model of promising practices;
and
(D) a due process procedure for a national registry.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security shall
submit to the Committees on the Judiciary in the House of
Representatives and the United States Senate and the Senate
Committee on Health, Education, Labor and Pensions and the House
Committee on Education and the Workforce a report containing the
recommendations and findings of the study on data collection
standards for a national child abuse registry authorized under
this subsection.
(3) Authorization of appropriations.--There is authorized to
be appropriated $500,000 for the period of fiscal years 2006 and
2007 to carry out the study required by this subsection.
SEC. 634. COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES.
(a) In General.--The National Institute of Justice shall conduct a
comprehensive study to examine the control, prosecution,
[[Page 120 STAT. 644]]
treatment, and monitoring of sex offenders, with a particular focus on--
(1) the effectiveness of the Sex Offender Registration and
Notification Act in increasing compliance with sex offender
registration and notification requirements, and the costs and
burdens associated with such compliance;
(2) the effectiveness of sex offender registration and
notification requirements in increasing public safety, and the
costs and burdens associated with such requirements;
(3) the effectiveness of public dissemination of sex
offender information on the Internet in increasing public
safety, and the costs and burdens associated with such
dissemination; and
(4) the effectiveness of treatment programs in reducing
recidivism among sex offenders, and the costs and burdens
associated with such programs.
(b) Recommendations.--The study described in subsection (a) shall
include recommendations for reducing the number of sex crimes against
children and adults and increasing the effectiveness of registration
requirements.
(c) Reports.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, the National Institute of Justice shall
report the results of the study conducted under subsection (a)
together with findings to Congress, through the Internet to the
public, to each of the 50 governors, to the Mayor of the
District of Columbia, to territory heads, and to the top
official of the various Indian tribes.
(2) Interim reports.--The National Institute of Justice
shall submit yearly interim reports.
(d) Appropriations.--There are authorized to be appropriated
$3,000,000 to carry out this section.
SEC. 635. <<NOTE: 42 USC 16991.>> ANNUAL REPORT ON ENFORCEMENT OF
REGISTRATION REQUIREMENTS.
Not later than July 1 of each year, the Attorney General shall
submit a report to Congress describing--
(1) the use by the Department of Justice of the United
States Marshals Service to assist jurisdictions in locating and
apprehending sex offenders who fail to comply with sex offender
registration requirements, as authorized by this Act;
(2) the use of section 2250 of title 18, United States Code
(as added by section 151 of this Act), to punish offenders for
failure to register;
(3) a detailed explanation of each jurisdiction's compliance
with the Sex Offender Registration and Notification Act;
(4) a detailed description of Justice Department efforts to
ensure compliance and any funding reductions, the basis for any
decision to reduce funding or not to reduce funding under
section 125; and
(5) the denial or grant of any extensions to comply with the
Sex Offender Registration and Notification Act, and the reasons
for such denial or grant.
[[Page 120 STAT. 645]]
SEC. 636. GOVERNMENT ACCOUNTABILITY OFFICE STUDIES ON FEASIBILITY OF
USING DRIVER'S LICENSE REGISTRATION PROCESSES AS ADDITIONAL
REGISTRATION REQUIREMENTS FOR SEX OFFENDERS.
For the purposes of determining the feasibility of using driver's
license registration processes as additional registration requirements
for sex offenders to improve the level of compliance with sex offender
registration requirements for change of address upon relocation and
other related updates of personal information, the Congress requires the
following studies:
(1) <<NOTE: Deadline.>> Not later than 180 days after the
date of the enactment of this Act, the Government Accountability
Office shall complete a study for the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House of
Representatives to survey a majority of the States to assess the
relative systems capabilities to comply with a Federal law that
required all State driver's license systems to automatically
access State and national databases of registered sex offenders
in a form similar to the requirement of the Nevada law described
in paragraph (2). The Government Accountability Office shall use
the information drawn from this survey, along with other expert
sources, to determine what the potential costs to the States
would be if such a Federal law came into effect, and what level
of Federal grants would be required to prevent an unfunded
mandate. In addition, the Government Accountability Office shall
seek the views of Federal and State law enforcement agencies,
including in particular the Federal Bureau of Investigation,
with regard to the anticipated effects of such a national
requirement, including potential for undesired side effects in
terms of actual compliance with this Act and related laws.
(2) <<NOTE: Deadline.>> Not later than February 1, 2007, the
Government Accountability Office shall complete a study to
evaluate the provisions of Chapter 507 of Statutes of Nevada
2005 to deter- mine--
(A) if those provisions are effective in increasing
the registration compliance rates of sex offenders;
(B) the aggregate direct and indirect costs for the
State of Nevada to bring those provisions into effect;
and
(C) how those provisions might be modified to
improve compliance by registered sex offenders.
SEC. 637. SEX OFFENDER RISK CLASSIFICATION STUDY.
(a) Study.--The Attorney General shall conduct a study of risk-based
sex offender classification systems, which shall include an analysis
of--
(1) various risk-based sex offender classification systems;
(2) the methods and assessment tools available to assess the
risks posed by sex offenders;
(3) the efficiency and effectiveness of risk-based sex
offender classification systems, in comparison to offense-based
sex offender classification systems, in--
(A) reducing threats to public safety posed by sex
offenders; and
(B) assisting law enforcement agencies and the
public in identifying the most dangerous sex offenders;
[[Page 120 STAT. 646]]
(4) the resources necessary to implement, and the legal
implications of implementing, risk-based sex offender
classification systems for sex offender registries; and
(5) any other information the Attorney General determines
necessary to evaluate risk-based sex offender classification
systems.
(b) Report.--Not later than 18 months after the date of enactment of
this Act, the Attorney General shall report to the Congress the results
of the study under this section.
(c) Study Conducted by Task Force.--The Attorney General may
establish a task force to conduct the study and prepare the report
required under this section. Any task force established under this
section shall be composed of members, appointed by the Attorney General,
who--
(1) represent national, State, and local interests; and
(2) are especially qualified to serve on the task force by
virtue of their education, training, or experience, particularly
in the fields of sex offender management, community education,
risk assessment of sex offenders, and sex offender victim
issues.
SEC. 638. STUDY OF THE EFFECTIVENESS OF RESTRICTING THE ACTIVITIES OF
SEX OFFENDERS TO REDUCE THE OCCURRENCE OF REPEAT OFFENSES.
(a) Study.--The Attorney General shall conduct a study to evaluate
the effectiveness of monitoring and restricting the activities of sex
offenders to reduce the occurrence of repeat offenses by such sex
offenders, through conditions imposed as part of supervised release or
probation conditions. The study shall evaluate--
(1) the effectiveness of methods of monitoring and
restricting the activities of sex offenders, including restric-
tions--
(A) on the areas in which sex offenders can reside,
work, and attend school;
(B) limiting access by sex offenders to the Internet
or to specific Internet sites; and
(C) preventing access by sex offenders to
pornography and other obscene materials;
(2) the ability of law enforcement agencies and courts to
enforce such restrictions; and
(3) the efficacy of any other restrictions that may reduce
the occurrence of repeat offenses by sex offenders.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Attorney General shall report to the Committee on the
Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate the results of the study under this section.
SEC. 639. <<NOTE: Justice for Crime Victims Family Act.>> THE JUSTICE
FOR CRIME VICTIMS FAMILY ACT.
(a) Short Title.--This section may be cited as the ``Justice for
Crime Victims Family Act''.
(b) Study of Measures Needed To Improve Performance of Homicide
Investigators.--Not <<NOTE: Deadline. Reports.>> later than 6 months
after the date of the enactment of this Act, the Attorney General shall
submit to the Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate a report--
(1) outlining what measures are needed to improve the
performance of Federal, State, and local criminal investigators
of homicide; and
[[Page 120 STAT. 647]]
(2) including an examination of--
(A) the benefits of increasing training and
resources for such investigators, with respect to
investigative techniques, best practices, and forensic
services;
(B) the existence of any uniformity among State and
local jurisdictions in the measurement of homicide rates
and clearance of homicide cases;
(C) the coordination in the sharing of information
among Federal, State, and local law enforcement and
coroners and medical examiners; and
(D) the sources of funding that are in existence on
the date of the enactment of this Act for State and
local criminal investigators of homicide.
(c) Improvements Needed for Solving Homicides Involving Missing
Persons and Unidentified Human Remains.--
Not <<NOTE: Deadline. Reports.>> later than 6 months after the date of
the enactment of this Act, the Attorney General shall submit to the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report--
(1) evaluating measures to improve the ability of Federal,
State, and local criminal investigators of homicide to solve
homicides involving missing persons and unidentified human
remains; and
(2) including an examination of--
(A) measures to expand national criminal records
databases with accurate information relating to missing
persons and unidentified human remains;
(B) the collection of DNA samples from potential
``high-risk'' missing persons;
(C) the benefits of increasing access to national
criminal records databases for medical examiners and
coroners;
(D) any improvement in the performance of postmortem
examinations, autopsies, and reporting procedures of
unidentified persons or remains;
(E) any coordination between the National Center for
Missing Children and the National Center for Missing
Adults;
(F) website postings (or other uses of the Internet)
of information of identifiable information such as
physical features and characteristics, clothing, and
photographs of missing persons and unidentified human
remains; and
(G) any improvement with respect to--
(i) the collection of DNA information for
missing persons and unidentified human remains;
and
(ii) entering such information into the
Combined DNA Index System of the Federal Bureau of
Investigation and national criminal records
databases.
TITLE VII--INTERNET SAFETY ACT
SEC. 701. CHILD EXPLOITATION ENTERPRISES.
Section 2252A of title 18, United States Code, is amended by adding
at the end the following:
``(g) Child Exploitation Enterprises.--
[[Page 120 STAT. 648]]
``(1) <<NOTE: Penalties.>> Whoever engages in a child
exploitation enterprise shall be fined under this title and
imprisoned for any term of years not less than 20 or for life.
``(2) A person engages in a child exploitation enterprise
for the purposes of this section if the person violates section
1591, section 1201 if the victim is a minor, or chapter 109A
(involving a minor victim), 110 (except for sections 2257 and
2257A), or 117 (involving a minor victim), as a part of a series
of felony violations constituting three or more separate
incidents and involving more than one victim, and commits those
offenses in concert with three or more other persons.''.
SEC. 702. INCREASED PENALTIES FOR REGISTERED SEX OFFENDERS.
(a) Offense.--Chapter 110 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2260A. Penalties for registered sex offenders
``Whoever, being required by Federal or other law to register as a
sex offender, commits a felony offense involving a minor under section
1201, 1466A, 1470, 1591, 2241, 2242, 2243, 2244, 2245, 2251, 2251A,
2260, 2421, 2422, 2423, or 2425, shall be sentenced to a term of
imprisonment of 10 years in addition to the imprisonment imposed for the
offense under that provision. The sentence imposed under this section
shall be consecutive to any sentence imposed for the offense under that
provision.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 110 of title 18, United States Code, is amended by adding at the
end the following new item:
``2260A. Increased penalties for registered sex offenders.''.
SEC. 703. DECEPTION BY EMBEDDED WORDS OR IMAGES.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended by inserting after section 2252B the following:
``Sec. 2252C. Misleading words or digital images on the Internet
``(a) <<NOTE: Penalties.>> In General.--Whoever knowingly embeds
words or digital images into the source code of a website with the
intent to deceive a person into viewing material constituting obscenity
shall be fined under this title and imprisoned for not more than 10
years.
``(b) <<NOTE: Penalties.>> Minors.--Whoever knowingly embeds words
or digital images into the source code of a website with the intent to
deceive a minor into viewing material harmful to minors on the Internet
shall be fined under this title and imprisoned for not more than 20
years.
``(c) Construction.--For the purposes of this section, a word or
digital image that clearly indicates the sexual content of the site,
such as `sex' or `porn', is not misleading.
``(d) Definitions.--As used in this section--
``(1) the terms `material that is harmful to minors' and
`sex' have the meaning given such terms in section 2252B; and
``(2) the term `source code' means the combination of text
and other characters comprising the content, both viewable and
nonviewable, of a web page, including any website publishing
language, programming language, protocol or functional content,
as well as any successor languages or protocols.''.
[[Page 120 STAT. 649]]
(b) Table of Sections.--The table of sections for chapter 110 of
title 18, United States Code, is amended by inserting after the item
relating to section 2252B the following:
``2252C. Misleading words or digital images on the Internet.''.
SEC. 704. ADDITIONAL PROSECUTORS FOR OFFENSES RELATING TO THE SEXUAL
EXPLOITATION OF CHILDREN.
(a) Definition.--In this section, the term ``offenses relating to
the sexual exploitation of children'' shall include any offense
committed in violation of--
(1) chapter 71 of title 18, United States Code, involving an
obscene visual depiction of a minor, or transfer of obscene
materials to a minor;
(2) chapter 109A of title 18, United States Code, involving
a victim who is a minor;
(3) chapter 109B of title 18, United States Code;
(4) chapter 110 of title 18, United States Code;
(5) chapter 117 of title 18, United States Code involving a
victim who is a minor; and
(6) section 1591 of title 18, United States Code.
(b) Additional Prosecutors.--In fiscal year 2007, the Attorney
General shall, subject to the availability of appropriations for such
purposes, increase by not less than 200 the number of attorneys in
United States Attorneys' Offices. The additional attorneys shall be
assigned to prosecute offenses relating to the sexual exploitation of
children.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Justice for fiscal year 2007 such sums
as may be necessary to carry out this section.
SEC. 705. ADDITIONAL COMPUTER-RELATED RESOURCES.
(a) Department of Justice Resources.--In fiscal year 2007, the
Attorney General shall, subject to the availability of appropriations
for such purposes, increase by not less than 30 the number of computer
forensic examiners within the Regional Computer Forensic Laboratories
(RCFL). The additional computer forensic examiners shall be dedicated to
investigating crimes involving the sexual exploitation of children and
related offenses.
(b) Department of Homeland Security Resources.--In fiscal year 2007,
the Secretary of Homeland Security shall, subject to the availability of
appropriations for such purposes, increase by not less than 15 the
number of computer forensic examiners within the Cyber Crimes Center
(C3). The additional computer forensic examiners shall be dedicated to
investigating crimes involving the sexual exploitation of children and
related offenses.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Justice and the Department of Homeland
Security for fiscal year 2007 such sums as may be necessary to carry out
this section.
SEC. 706. ADDITIONAL ICAC TASK FORCES.
(a) Additional Task Forces.--In fiscal year 2007, the Administrator
of the Office of Juvenile Justice and Delinquency Prevention shall,
subject to the availability of appropriations for such purpose, increase
by not less than 10 the number of Internet Crimes Against Children Task
Forces that are part of the Internet Crimes Against Children Task Force
Program authorized and
[[Page 120 STAT. 650]]
funded under title IV of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5771 et seq.). These Task Forces shall be in
addition to the ones authorized in section 143 of this Act.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator of the Office of Juvenile Justice and
Delinquency Prevention for fiscal year 2007 such sums as may be
necessary to carry out this section.
SEC. 707. <<NOTE: Masha's Law.>> MASHA'S LAW.
(a) <<NOTE: 18 USC 2251 note.>> Short Title.--This section may be
cited as ``Masha's Law''.
(b) In General.--Section 2255(a) of title 18, United States Code, is
amended--
(1) in the first sentence--
(A) by striking ``(a) Any minor who is'' and
inserting the following:
``(a) In General.--Any person who, while a minor, was'';
(B) by inserting after ``such violation'' the
following: ``, regardless of whether the injury occurred
while such person was a minor,''; and
(C) by striking ``such minor'' and inserting ``such
person''; and
(2) in the second sentence--
(A) by striking ``Any minor'' and inserting ``Any
person''; and
(B) by striking ``$50,000'' and inserting
``$150,000''.
(c) Conforming Amendment.--Section 2255(b) of title 18, United
States Code, is amended by striking ``(b) Any action'' and inserting the
following:
``(b) Statute of Limitations.--Any action''.
Approved July 27, 2006.
LEGISLATIVE HISTORY--H.R. 4472:
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CONGRESSIONAL RECORD, Vol. 152 (2006):
Mar. 8, considered and passed House.
July 20, considered and passed Senate, amended.
July 25, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
July 27, Presidential remarks.
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