[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4472 Engrossed Amendment Senate (EAS)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         July 20, 2006.
    Resolved, That the bill from the House of Representatives (H.R. 
4472) entitled ``An Act to protect children, to secure the safety of 
judges, prosecutors, law enforcement officers, and their family 
members, to reduce and prevent gang violence, and for other 
purposes.'', do pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

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.
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.
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.

        TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Sex Offender Registration and 
Notification Act''.

SEC. 102. 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) Jacob Wetterling, who was 11 years old, was abducted in 
        1989 in Minnesota, and remains missing.
            (2) Megan Nicole Kanka, who was 7 years old, was abducted, 
        sexually assaulted, and murdered in 1994, in New Jersey.
            (3) 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) Dru Sjodin, who was 22 years old, was sexually 
        assaulted and murdered in 2003, in North Dakota.
            (6) Jessica Lunsford, who was 9 years old, was abducted, 
        sexually assaulted, buried alive, and murdered in 2005, in 
        Homosassa, Florida.
            (7) Sarah Lunde, who was 13 years old, was strangled and 
        murdered in 2005, in Ruskin, Florida.
            (8) 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) Christy Ann Fornoff, who was 13 years old, was 
        abducted, sexually assaulted, and murdered in 1984, in Tempe, 
        Arizona.
            (10) 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) Polly Klaas, who was 12 years old, was abducted, 
        sexually assaulted, and murdered in 1993 by a career offender 
        in California.
            (12) Jimmy Ryce, who was 9 years old, was kidnapped and 
        murdered in Florida on September 11, 1995.
            (13) Carlie Brucia, who was 11 years old, was abducted and 
        murdered in Florida in February, 2004.
            (14) Amanda Brown, who was 7 years old, was abducted and 
        murdered in Florida in 1998.
            (15) Elizabeth Smart, who was 14 years old, was abducted in 
        Salt Lake City, Utah in June 2002.
            (16) 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.
            (17) Samantha Runnion, who was 5 years old, was abducted, 
        sexually assaulted, and murdered in California on July 15, 
        2002.

SEC. 103. 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. 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;
                    (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.
            (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. 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. 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 
register--
            (1) before completing a sentence of imprisonment with 
        respect to the offense giving rise to the registration 
        requirement; or
            (2) 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 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 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. 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.

SEC. 115. 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. 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. 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
            (3) ensure that the sex offender is registered.
    (b) Notification of Sex Offenders Who Cannot Comply With Subsection 
(a).--The Attorney General shall prescribe rules for the notification 
of sex offenders who cannot be registered in accordance with subsection 
(a).

SEC. 118. 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. 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.

SEC. 120. 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. 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. ACTIONS TO BE TAKEN WHEN SEX OFFENDER FAILS TO COMPLY.

    An 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 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. 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. 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. 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 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. 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 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. ELECTION BY INDIAN TRIBES.

    (a) Election.--
            (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 
        jurisdictions--
                    (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. 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.
    (b) 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. 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:

   ``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) 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.
            (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 any of chapters 109A, 110, or 117, or 
                sections 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--
            (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) 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. 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. PROJECT SAFE CHILDHOOD.

    (a) Establishment of Program.--Not 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 
                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:
            (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. 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. 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 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. 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 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.

 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.

    (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:
            ``(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) 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 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. 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 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
                            ``(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) 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 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 sections 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.''.
            (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 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) 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 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 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
            (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. 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 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 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.
            (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 
        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
            ``(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 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. 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 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 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. 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, 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.

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
                            ``(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) 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 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) 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 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) 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 provisions of this section shall not become effective until 
90 days after the final regulations implementing this section are 
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) 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
            (2) by striking subsections (b) through (n) and inserting 
        the following:
    ``(b) 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) 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
            (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 A--Mentoring Matches for Youth Act

SEC. 601. SHORT TITLE.

    This subtitle may be cited as the ``Mentoring Matches for Youth Act 
of 2006''.

SEC. 602. 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. 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. 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.
    (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. 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 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)--
                    (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. PILOT PROGRAM FOR MONITORING SEXUAL OFFENDERS.

    (a) Sex Offender Monitoring Program.--
            (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:
    ``(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. 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. 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).
            ``(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. 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. 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. 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 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. 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.
            (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. 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 (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) 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;
                    (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. 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. 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 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. 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. 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.
            (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. 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--
                    (A) 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 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, 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. 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.

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) 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) 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 
        determine--
                    (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;
            (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 
        restrictions--
                    (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. 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 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
            (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 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.--
            ``(1) 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) 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) 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.''.
    (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 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. MASHA'S LAW.

    (a) 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''.

            Amend the title so as to read: ``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.''.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                               H. R. 4472

_______________________________________________________________________

                               AMENDMENTS