[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4472 Placed on Calendar Senate (PCS)]


                                                       Calendar No. 379
109th CONGRESS
  2d Session
                                H. R. 4472


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 9, 2006

                                Received

               March 16 (legislative day, March 15), 2006

                          Read the first time

                             March 27, 2006

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Children's Safety 
and Violent Crime Reduction Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
        TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT

Sec. 101. Short title.
Sec. 102. Declaration of purpose.
Subtitle A--Jacob Wetterling Sex Offender Registration and Notification 
                                Program

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. In person verification.
Sec. 117. Duty to notify sex offenders of registration requirements and 
                            to register.
Sec. 118. Jessica Lunsford Address Verification Program.
Sec. 119. National Sex Offender Registry.
Sec. 120. Dru Sjodin National Sex Offender Public Website.
Sec. 121. Public access to sex offender information through the 
                            Internet.
Sec. 122. Megan Nicole Kanka and Alexandra Nicole Zapp Community 
                            Notification Program.
Sec. 123. Actions to be taken when sex offender fails to comply.
Sec. 124. Immunity for good faith conduct.
Sec. 125. Development and availability of registry management software.
Sec. 126. Federal duty when State programs not minimally sufficient.
Sec. 127. Period for implementation by jurisdictions.
Sec. 128. Failure to comply.
Sec. 129. Sex Offender Management Assistance (soma) Program.
Sec. 130. Demonstration project for use of electronic monitoring 
                            devices.
Sec. 131. Bonus payments to States that implement electronic 
                            monitoring.
Sec. 132. Access to national crime information databases.
Sec. 133. Limited immunity for National Center for Missing and 
                            Exploited Children with respect to 
                            CyberTipline.
Sec. 134. Treatment and management of sex offenders in the Bureau of 
                            Prisons.
Sec. 135. GAO studies on feasibility of using driver's license 
                            registration processes as additional 
                            registration requirements for sex 
                            offenders.
Sec. 136. Assistance in identification and location of sex offenders 
                            relocated as a result of a major disaster.
Sec. 137. Election by Indian tribes.
Sec. 138. Registration of prisoners released from foreign imprisonment.
Sec. 139. Sex offender risk classification study.
Sec. 140. Study of the effectiveness of restricting the activities of 
                            sex offenders to reduce the occurrence of 
                            repeat offenses.
   Subtitle B--Criminal Law Enforcement of Registration Requirements

Sec. 151. Amendments to title 18, United States Code, relating to sex 
                            offender registration.
Sec. 152. Federal Investigation of sex offender violations of 
                            registration requirements.
Sec. 153. Sex offender apprehension grants.
Sec. 154. Use of any controlled substance to facilitate sex offense, 
                            and prohibition on Internet sales of date 
                            rape drugs.
Sec. 155. Repeal of predecessor sex offender Program.
Sec. 156. Assistance for prosecution of cases cleared through use of 
                            DNA backlog clearance funds.
Sec. 157. Grants to combat sexual abuse of children.
Sec. 158. Expansion of training and technology efforts.
Sec. 159. Revocation of probation or supervised release.
   Subtitle C--Office on Sexual Violence and Crimes Against Children

Sec. 161. Establishment.
Sec. 162. Director.
Sec. 163. Duties and functions.
                      TITLE II--DNA FINGERPRINTING

Sec. 201. Technical amendment.
Sec. 202. Stopping Violent Predators Against Children.
Sec. 203. Model code on investigating missing persons and deaths.
    TITLE III--PREVENTION AND DETERRENCE OF CRIMES AGAINST CHILDREN

Sec. 301. Assured punishment for violent crimes against children.
Sec. 302. Kenneth Wrede fair and expeditious habeas review of State 
                            criminal convictions.
Sec. 303. Rights associated with habeas corpus proceedings.
Sec. 304. Study of interstate tracking of persons convicted of or under 
                            investigation for child abuse.
      TITLE IV--PROTECTION AGAINST SEXUAL EXPLOITATION OF CHILDREN

Sec. 401. Increased penalties for sexual offenses against children.
Sec. 402. Sense of Congress with respect to prosecutions under Section 
                            2422(b) of title 18, United States Code.
Sec. 403. Grants for Child Sexual Abuse Prevention Programs.
 TITLE V--FOSTER CHILD PROTECTION AND CHILD SEXUAL PREDATOR DETERRENCE

Sec. 501. 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. 502. Access to Federal crime information databases for certain 
                            purposes.
Sec. 503. Penalties for coercion and enticement by sex offenders.
Sec. 504. Penalties for conduct relating to child prostitution.
Sec. 505. Penalties for sexual abuse.
Sec. 506. Sex offender submission to search as condition of release.
Sec. 507. Kidnapping jurisdiction.
Sec. 508. Marital communication and adverse spousal privilege.
Sec. 509. Abuse and neglect of Indian children.
Sec. 510. Jimmy Ryce Civil commitment program.
Sec. 511. Jimmy Ryce State civil commitment programs for sexually 
                            dangerous persons.
Sec. 512. Mandatory penalties for sex-trafficking of children.
Sec. 513. Sexual abuse of wards.
Sec. 514. No limitation for prosecution of felony sex offenses.
Sec. 515. Child abuse reporting.
                 TITLE VI--CHILD PORNOGRAPHY PREVENTION

Sec. 601. Findings.
Sec. 602. Strengthening Section 2257 to ensure that children are not 
                            exploited in the production of pornography.
Sec. 603. Additional recordkeeping requirements.
Sec. 604. Prevention of distribution of child pornography used as 
                            evidence in prosecutions.
Sec. 605. Authorizing civil and criminal asset forfeiture in child 
                            exploitation and obscenity cases.
Sec. 606. Prohibiting the production of obscenity as well as 
                            transportation, distribution, and sale.
Sec. 607. Guardians ad litem.
                       TITLE VII--COURT SECURITY

Sec. 701. Judicial branch security requirements.
Sec. 702. Additional amounts for United States Marshals Service to 
                            protect the judiciary.
Sec. 703. Protections against malicious recording of fictitious liens 
                            against Federal judges and Federal law 
                            enforcement officers.
Sec. 704. Protection of individuals performing certain official duties.
Sec. 705. Report on security of Federal prosecutors.
Sec. 706. Flight to avoid prosecution for killing peace officers.
Sec. 707. Special penalties for murder, kidnapping, and related crimes 
                            against Federal judges and Federal law 
                            enforcement officers.
Sec. 708. Authority of Federal judges and prosecutors to carry 
                            firearms.
Sec. 709. Penalties for certain assaults.
Sec. 710. David March and Henry Prendes protection of federally funded 
                            public safety officers.
Sec. 711. Modification of definition of offense and of the penalties 
                            for, influencing or injuring officer or 
                            juror generally.
Sec. 712. Modification of tampering with a witness, victim, or an 
                            informant offense.
Sec. 713. Modification of retaliation offense.
Sec. 714. Inclusion of intimidation and retaliation against witnesses 
                            in State prosecutions as basis for Federal 
                            prosecution.
Sec. 715. Clarification of venue for retaliation against a witness.
Sec. 716. Prohibition of possession of dangerous weapons in Federal 
                            court facilities.
Sec. 717. General modifications of Federal murder crime and related 
                            crimes.
Sec. 718. Witness protection grant program.
Sec. 719. Funding for State courts to assess and enhance court security 
                            and emergency preparedness.
Sec. 720. Grants to States for threat assessment databases.
Sec. 721. Grants to States to protect witnesses and victims of crimes.
Sec. 722. Grants for young witness assistance.
Sec. 723. State and local court eligibility.
         TITLE VIII--REDUCTION AND PREVENTION OF GANG VIOLENCE

Sec. 801. Revision and extension of penalties related to criminal 
                            street gang activity.
Sec. 802. Increased penalties for interstate and foreign travel or 
                            transportation in aid of racketeering.
Sec. 803. Amendments relating to violent crime.
Sec. 804. Increased penalties for use of interstate commerce facilities 
                            in the commission of murder-for-hire and 
                            other felony crimes of violence.
Sec. 805. Increased penalties for violent crimes in aid of racketeering 
                            activity.
Sec. 806. Murder and other violent crimes committed during and in 
                            relation to a drug trafficking crime.
Sec. 807. Multiple interstate murder.
Sec. 808. Additional racketeering activity.
Sec. 809. Expansion of rebuttable presumption against release of 
                            persons charged with firearms offenses.
Sec. 810. Venue in capital cases.
Sec. 811. Statute of limitations for violent crime.
Sec. 812. Clarification to hearsay exception for forfeiture by 
                            wrongdoing.
Sec. 813. Transfer of juveniles.
Sec. 814. Crimes of violence and drug crimes committed by illegal 
                            aliens.
Sec. 815. Listing of immigration violators in the National Crime 
                            Information Center database.
Sec. 816. Study.
  TITLE IX--INCREASED FEDERAL RESOURCES TO PREVENT AT-RISK YOUTH FROM 
                      JOINING ILLEGAL STREET GANGS

Sec. 901. Grants to State and local prosecutors to combat violent crime 
                            and to protect witnesses and victims of 
                            crimes.
Sec. 902. Reauthorize the gang resistance education and training 
                            projects program.
Sec. 903. State and local reentry courts.
                       TITLE X--CRIME PREVENTION

Sec. 1001. Crime prevention campaign grant.
Sec. 1002. The Justice for Crime Victims Family Act.
        TITLE XI--NATIONAL CHILD ABUSE AND NEGLECT REGISTRY ACT

Sec. 1101. Short title.
Sec. 1102. National registry of substantiated cases of child abuse.

        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 
sexual 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, 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.

Subtitle A--Jacob Wetterling Sex Offender Registration and Notification 
                                Program

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 registry.--The term ``sex offender 
        registry'' means a registry of sex offenders, and a 
        notification program, maintained by a jurisdiction.
            (2) 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 137, a federally recognized 
                Indian tribe.
            (3) Sex offender.--The term ``sex offender'' means an 
        individual who, either before or after the enactment of this 
        Act, was convicted of, or adjudicated as a juvenile delinquent 
        for, a sex offense.
            (4) Expansion of definition of offense to include all 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) 
                involving kidnapping.
                    (B) An offense (unless committed by a parent) 
                involving false imprisonment.
                    (C) Solicitation to engage in sexual conduct.
                    (D) Use in a sexual performance.
                    (E) Solicitation to practice prostitution.
                    (F) Possession, production, or distribution of 
                child pornography.
                    (G) Criminal sexual conduct involving a minor, or 
                the use of the Internet to facilitate or attempt such 
                conduct.
                    (H) Any conduct that by its nature is a sex offense 
                against a minor.
                    (I) Video voyeurism, as described in section 1801 
                of title 18, United States Code.
                    (J) Any attempt or conspiracy to commit an offense 
                described in this paragraph.
            (5) Tier i sex offender.--The term ``tier I sex offender'' 
        means a sex offender whose offense is punishable by 
        imprisonment for one year or less.
            (6) Tier ii sex offender.--The term ``tier II sex 
        offender'' means a sex offender who is not a Tier III sex 
        offender whose offense--
                    (A) is punishable by imprisonment for more than one 
                year; or
                    (B) occurs after the offender becomes a tier I sex 
                offender.
            (7) Tier iii sex offender.--The term ``tier III sex 
        offender'' means a sex offender whose offense is punishable by 
        imprisonment for more than one year and--
                    (A) involves a crime of violence as defined in 
                section 16 of title 18, United States Code, against the 
                person of another, except a crime of violence 
                consisting of an abusive sexual contact, as defined in 
                section 2246;
                    (B) is an offense where the victim had not attained 
                the age of 13 years; or
                    (C) occurs after the offender becomes a tier II sex 
                offender.
            (8) Amy zyla expansion of sex offense definition.--The term 
        ``sex offense'' means--
                    (A) a State, local, tribal, foreign, or other 
                criminal offense that has an element involving a sexual 
                act or sexual contact with another or an attempt or 
                conspiracy to commit such an offense, but does not 
                include an offense involving consensual sexual conduct 
                where the victim was an adult or was at least 13 years 
                old and the offender was not more than 4 years older 
                than the victim;
                    (B) a State, local, tribal, foreign, or other 
                specified offense against a minor;
                    (C) a Federal offense (including an offense 
                prosecuted under section 1152 or 1153 of title 18, 
                United States Code) under section 1201, 1591, or 1801, 
                or chapter 109A, 110, or 117, of title 18, United 
                States Code, or any other Federal offense designated by 
                the Attorney General for the purposes of this 
                paragraph; or
                    (D) 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).
            (9) Student.--The term ``student'' means an individual who 
        enrolls or attends an educational institution, including 
        (whether public or private) a secondary school, trade or 
        professional school, and institution of higher education.
            (10) Employee.--The term ``employee'' includes an 
        individual who is self-employed or works for any other entity, 
        whether compensated or not.
            (11) Resides.--The term ``resides'' means, with respect to 
        an individual, the location of the individual's home or other 
        place where the individual lives.
            (12) Minor.--The term ``minor'' means an individual who has 
        not attained the age of 18 years.
            (13) Convicted.--The term ``convicted'' or a variant 
        thereof, used with respect to a sex offense, includes 
        adjudicated deliquent as a juvenile for that offense.

SEC. 112. REGISTRY REQUIREMENTS FOR JURISDICTIONS.

    Each jurisdiction shall maintain a jurisdiction-wide sex offender 
registry conforming to the requirements of this title. 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 must register, and keep the 
registration current, in each jurisdiction where the offender was 
convicted, where the offender resides, where the offender is an 
employee, and where the offender is a student.
    (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 5 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 must inform 
each jurisdiction involved, not later than 3 days after each change of 
residence, employment, or student status.
    (d) Initial Registration of Sex Offenders Unable to Comply With 
Subsection (b).--The Attorney General shall prescribe rules for the 
registration of sex offenders convicted before the enactment of this 
Act or its implementation in a particular jurisdiction, 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 one year, and a minimum term of imprisonment that is no less than 
90 days, 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 must provide the 
following information to the appropriate official for inclusion in the 
sex offender registry:
            (1) The name and physical description of the sex offender 
        (including any alias used by the individual).
            (2) The Social Security number of the sex offender.
            (3) The address of the residence at which the sex offender 
        resides or will reside.
            (4) The name and address of the place where the sex 
        offender is employed or will be employed.
            (5) The name and address of the place where the sex 
        offender is a student or will be a student.
            (6) The license plate number and description of any vehicle 
        owned or operated by the sex offender.
            (7) A photograph of the sex offender.
            (8) A set of fingerprints and palm prints of the sex 
        offender, if the appropriate official determines that the 
        jurisdiction does not already have available an accurate set.
            (9) A DNA sample of the sex offender, if the appropriate 
        official determines that the jurisdiction does not already have 
        available an appropriate DNA sample.
            (10) A photocopy of a valid driver's license or 
        identification card issued to the sex offender by a 
        jurisdiction.
            (11) Any other information required by the Attorney 
        General.
    (b) Provided by the Jurisdiction.--The jurisdiction in which the 
sex offender registers shall include the following information in the 
registry for that sex offender:
            (1) A statement of the facts of the offense giving rise to 
        the requirement to register under this title, including the 
        date of the offense, and whether or not the sex offender was 
        prosecuted as a juvenile at the time of the offense.
            (2) The criminal history of the sex offender.
            (3) Any other information required by the Attorney General.

SEC. 115. DURATION OF REGISTRATION REQUIREMENT.

    A sex offender shall keep the registration current for a period 
(excluding any time the sex offender is in custody or civilly 
committed) of--
            (1) 20 years, if the offender is a tier I sex offender;
            (2) 30 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.

SEC. 116. IN PERSON VERIFICATION.

    A sex offender shall appear in person, provide a current 
photograph, and verify the information in each registry in which that 
offender is required to be registered not less frequently than--
            (1) every six months, if the offender is a tier I sex 
        offender;
            (2) every 3 months, if the offender is a tier II sex 
        offender; and
            (3) every month, if the offender is a tier III sex 
        offender.

SEC. 117. DUTY TO NOTIFY SEX OFFENDERS OF REGISTRATION REQUIREMENTS AND 
              TO REGISTER.

    An appropriate official shall, shortly before release from custody 
of the sex offender, 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 duty to register and 
        explain that duty;
            (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.

SEC. 118. JESSICA LUNSFORD ADDRESS VERIFICATION PROGRAM.

    (a) Establishment.--There is established the Jessica Lunsford 
Address Verification Program (hereinafter in this section referred to 
as the ``Program'').
    (b) Verification.--In the Program, an appropriate official shall 
verify the residence of each registered sex offender not less than--
            (1) semi-annually, if the offender is a tier I sex 
        offender;
            (2) quarterly, if the offender is a tier II sex offender; 
        and
            (3) monthly, if the offender is a tier III sex offender.
    (c) Use of Mailed Form Authorized.--Such verification may be 
achieved by mailing a nonforwardable verification form to the last 
known address of the sex offender. The sex offender must return the 
form, including a notarized signature or a fingerprint verification, 
within a set period of time. A failure to return the form as required 
may be a failure to register for the purposes of this title.

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 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 referred to as the 
``Website'').
    (b) Information to Be Provided.--The Attorney General shall 
maintain the Website as a site on the Internet which allows the public 
to obtain relevant information for each sex offender by a single query 
in a form established by the Attorney General.

SEC. 121. PUBLIC ACCESS TO SEX OFFENDER INFORMATION THROUGH THE 
              INTERNET.

    (a) In General.--Except as provided in subsection (b), each 
jurisdiction shall make available on the Internet all information about 
each sex offender in the registry, except for the offender's Social 
Security number, the identity of any victim, and any other information 
exempted from disclosure by the Attorney General. The jurisdiction 
shall provide this information in a manner that is readily accessible 
to the public.
    (b) Exception.--To the extent authorized by the Attorney General, a 
jurisdiction need not make available on the Internet information about 
a tier I sex offender whose offense is a juvenile adjudication.

SEC. 122. 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 Program (hereinafter 
in this section referred to as the ``Program'').
    (b) Program Notification.--Except as provided in subsection (c), 
not later than 5 days 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 data bases.
            (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 employed, or is a student.
            (3) Each jurisdiction where the sex offender resides, 
        works, or attends school, and each jurisdiction from or to 
        which a change of residence, work, 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) The community at large.
    (c) Exception.--In the case of a tier I sex offender whose offense 
is a juvenile adjudication, the Attorney General may authorize 
limitation of the entities to which the Program notification is given 
when the Attorney General determines it is consistent with public 
safety to do so.

SEC. 123. ACTIONS TO BE TAKEN WHEN SEX OFFENDER FAILS TO COMPLY.

    An appropriate official shall notify the Attorney General and 
appropriate State, local, and tribal law enforcement agencies of any 
failure by a sex offender to comply with the requirements of a 
registry. The appropriate official, the Attorney General, and each such 
law enforcement agency shall take any appropriate action to ensure 
compliance.

SEC. 124. 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.

SEC. 125. DEVELOPMENT AND AVAILABILITY OF REGISTRY MANAGEMENT SOFTWARE.

    The Attorney General shall develop and support software for use to 
establish, maintain, publish, and share sex offender registries.

SEC. 126. FEDERAL DUTY WHEN STATE PROGRAMS NOT MINIMALLY SUFFICIENT.

    If the Attorney General determines that a jurisdiction does not 
have a minimally sufficient sex offender registration program, the 
Department of Justice shall, to the extent practicable, carry out the 
duties imposed on that jurisdiction by this title.

SEC. 127. PERIOD FOR IMPLEMENTATION BY JURISDICTIONS.

    Each jurisdiction shall implement this title not later than 2 years 
after the date of the enactment of this Act. However, the Attorney 
General may authorize up to two one-year extensions of the deadline.

SEC. 128. FAILURE 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, substantially to 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. 
3570 et seq.).
    (b) Reallocation.--Amounts not allocated under a program referred 
to in paragraph (1) to a jurisdiction for failure to fully implement 
this title shall be reallocated under that program to jurisdictions 
that have not failed to 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.
    (c) 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. 129. 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 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 two 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 one year after the date of 
        enactment of this Act; and
            (2) 5 percent of such total, if not later than two 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 2006 through 
2008.

SEC. 130. DEMONSTRATION PROJECT FOR USE OF ELECTRONIC MONITORING 
              DEVICES.

    (a) Project Required.--The Attorney General shall carry out a 
demonstration project under which the Attorney General makes grants to 
jurisdictions to demonstrate the extent to which electronic monitoring 
devices can be used effectively in a sex offender management program.
    (b) Use of Funds.--The jurisdiction may use grant amounts under 
this section directly, or through arrangements with public or private 
entities, to carry out programs under which the whereabouts of sex 
offenders are monitored by electronic monitoring devices.
    (c) Participants.--Not more than 10 jurisdictions may participate 
in the demonstration project at any one time.
    (d) Factors.--In selecting jurisdictions to participate in the 
demonstration project, the Attorney General shall consider the 
following factors:
            (1) The total number of sex offenders in the jurisdiction.
            (2) The percentage of those sex offenders who fail to 
        comply with registration requirements.
            (3) The threat to public safety posed by those sex 
        offenders who fail to comply with registration requirements.
            (4) Any other factor the Attorney General considers 
        appropriate.
    (e) Duration.--The Attorney General shall carry out the 
demonstration project for fiscal years 2007, 2008, and 2009.
    (f) 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.
    (g) One-Time Report and Recommendations.--Not later than April 1, 
2008, the Attorney General shall submit to Congress a report--
            (1) assessing the effectiveness and value of programs 
        funded by this section;
            (2) comparing the cost-effectiveness of the electronic 
        monitoring to reduce sex offenses compared to other 
        alternatives; and
            (3) making recommendations for continuing funding and the 
        appropriate levels for such funding.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary.

SEC. 131. BONUS PAYMENTS TO STATES THAT IMPLEMENT ELECTRONIC 
              MONITORING.

    (a) In General.--A jurisdiction that, within 3 years after the date 
of the enactment of this Act, has in effect laws and policies described 
in subsection (b) shall be eligible for a bonus payment described in 
subsection (c), to be paid by the Attorney General from any amounts 
available to the Attorney General for such purpose.
    (b) Electronic Monitoring Laws and Policies.--
            (1) In general.--Laws and policies referred to in 
        subsection (a) are laws and policies that ensure that 
        electronic monitoring is required of a person if that person is 
        released after being convicted of a sex offense in which an 
        individual who has not attained the age of 18 years is the 
        victim.
            (2) Monitoring required.--The monitoring required under 
        paragraph (1) is a system that actively monitors and identifies 
        the person's location and timely reports or records the 
        person's presence near or within a crime scene or in a 
        prohibited area or the person's departure from specified 
        geographic limitations.
            (3) Duration.--The electronic monitoring required by 
        paragraph (1) shall be required of the person--
                    (A) for the life of the person, if--
                            (I) an individual who has not attained the 
                        age of 12 years is the victim; or
                            (ii) the person has a prior sex conviction 
                        (as defined in section 3559(e) of title 18, 
                        United States Code); and
                    (B) for the period during which the person is on 
                probation, parole, or supervised release for the 
                offense, in any other case.
            (4) Jurisdiction required to monitor all sex offenders 
        residing in jurisdiction.--In addition, laws and policies 
        referred to in subsection (a) also include laws and policies 
        that ensure that the jurisdiction frequently monitors each 
        person residing in the jurisdiction for whom electronic 
        monitoring is required, whether such monitoring is required 
        under this section or under section 3563(a)(9) of title 18, 
        United States Code.
    (c) Bonus Payments.--The bonus payment referred to in subsection 
(a) is a payment equal to 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. 3570 et seq.).

SEC. 132. 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. 133. LIMITED IMMUNITY FOR NATIONAL CENTER FOR MISSING AND 
              EXPLOITED CHILDREN WITH RESPECT TO CYBERTIPLINE.

    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 new subsection:
    ``(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.
            ``(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. 134. 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 one 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. 135. GAO 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 
        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 October 2006, 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) whether those provisions should be modified to 
                improve compliance by registered sex offenders.

SEC. 136. ASSISTANCE IN IDENTIFICATION AND LOCATION OF SEX OFFENDERS 
              RELOCATED AS A RESULT OF A MAJOR DISASTER.

    The Attorney General shall provide technical assistance to 
jurisdictions to assist them in the identification and location of a 
sex offender relocated as a result of a major disaster.

SEC. 137. 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 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. 138. REGISTRATION OF PRISONERS RELEASED FROM FOREIGN IMPRISONMENT.

    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.

SEC. 139. 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. 140. 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. 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;
                    (C) preventing access by sex offenders to 
                pornography and other obscene materials; and
                    (D) imposed as part of supervised release or 
                probation conditions;
            (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.

   Subtitle B--Criminal Law Enforcement of Registration Requirements

SEC. 151. AMENDMENTS TO TITLE 18, UNITED STATES CODE, RELATING TO SEX 
              OFFENDER REGISTRATION.

    (a) Criminal Penalties for Nonregistration.--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
    ``Whoever is required to register under the Sex Offender 
Registration and Notification Act and--
            ``(1) is a sex offender as defined for the purposes of that 
        Act by reason of a conviction under Federal law; or
            ``(2) travels in interstate or foreign commerce, or enters 
        or leaves, or resides in, Indian country;
and knowingly fails to register as required shall be fined under this 
title or imprisoned not more than 20 years, or both.''.
    (b) 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 new item:

``109B. Sex offender and crimes against children registry...    2250''.
    (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 10 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 violates the 
                requirements of that Act or commits any criminal 
                offense for which imprisonment for a term longer than 
                one 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, and if the offense 
                was an offense under chapter 109A, 109B, 110, or 117, 
                or section 1591, not less than 10 years.''.
    (f) Duties of 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.--Paragraphs (1) and 
(2) of section 4042(c) of title 18, United States Code, are each 
amended by striking ``(4)'' each place it appears 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 under 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. 152. FEDERAL INVESTIGATION OF SEX OFFENDER VIOLATIONS OF 
              REGISTRATION REQUIREMENTS.

    (a) In General.--The Attorney General shall assist jurisdictions in 
locating and apprehending sex offenders who violate sex offender 
registration requirements.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for fiscal years 2006 
through 2008 to implement this section.

SEC. 153. SEX OFFENDER APPREHENSION 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 JJ--SEX OFFENDER APPREHENSION GRANTS

``SEC. 3011. AUTHORITY TO MAKE SEX OFFENDER APPREHENSION GRANTS.

    ``(a) 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 subsection (b).
    ``(b) Covered Activities.--An activity referred to in subsection 
(a) is any program, project, or other activity to assist a State in 
enforcing sex offender registration requirements.

``SEC. 3012. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated such sums as may be 
necessary for fiscal years 2006 through 2008 to carry out this part.''.

SEC. 154. USE OF ANY CONTROLLED SUBSTANCE TO FACILITATE SEX OFFENSE, 
              AND PROHIBITION ON INTERNET SALES OF DATE RAPE DRUGS.

    (a) Increased Punishment.--Chapter 109A of title 18, United States 
Code, is amended by adding at the end the following:
``Sec. 2249. Use of any controlled substance to facilitate sex offense
    ``(a) Whoever, knowingly uses a controlled substance to 
substantially impair the ability of a person to appraise or control 
conduct, in order to commit a sex offense, other than an offense where 
such use is an element of the offense, shall, in addition to the 
punishment provided for the sex offense, be imprisoned for any term of 
years not more than 10 years.
    ``(b) As used in this section, the term `sex offense' means an 
offense under this chapter other than an offense under this section.
``Sec. 2250. Internet sales of date rape drugs
    ``(a) Whoever knowingly uses the Internet to distribute (as that 
term is defined for the purposes of the Controlled Substances Act) a 
date rape drug to any person shall be fined under this title or 
imprisoned not more than 20 years, or both.
    ``(b) As used in this section, the term `date rape drug' means 
gamma hydroxybutyric acid, ketamine, or flunitrazepam, or any analogue 
of such a substance, including gamma butyrolactone or 1,4-
butanediol.''.
    (b) Amendment to Table of Sections.--The table of sections at the 
beginning of chapter 109A of title 18, United States Code, is amended 
by adding at the end the following new item:

``2249. Use of any controlled substance to facilitate sex offense
``2250. Internet sales of date rape drugs''.

SEC. 155. REPEAL OF PREDECESSOR SEX OFFENDER PROGRAM.

    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.

SEC. 156. 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 2006 through 2010 to 
carry out this section.

SEC. 157. GRANTS TO COMBAT SEXUAL ABUSE OF CHILDREN.

    (a) In General.--The Bureau of Justice Assistance shall make grants 
to law enforcement agencies for purposes of this section. The Bureau 
shall make such a grant--
            (1) to each law enforcement agency that serves a 
        jurisdiction with 50,000 or more residents; and
            (2) to each 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) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for fiscal years 2006 
through 2008 to carry out this section.

SEC. 158. EXPANSION OF TRAINING AND TECHNOLOGY EFFORTS.

    (a) Training.--The Attorney General, in consultation with the 
Office of Juvenile Justice and Delinquency Prevention, 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, between 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 multi-disciplinary 
        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 
        on-line solicitation of children by sex offenders.
    (b) Technology.--The Attorney General, in consultation with the 
Office of Juvenile Justice and Delinquency Prevention, 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, 2006, the Attorney General, in 
consultation with the Office of Juvenile Justice and Delinquency 
Prevention, shall submit to Congress a report on the activities carried 
out under this section. The report shall include any recommendations 
that the Attorney General, in consultation with the Office, considers 
appropriate.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General, for fiscal year 2006--
            (1) $1,000,000 to carry out subsection (a); and
            (2) $2,000,000 to carry out subsection (b).

SEC. 159. REVOCATION OF PROBATION OR SUPERVISED RELEASE.

    (a) Probation.--Section 3565(b) of title 18, United States Code, is 
amended--
            (1) in paragraph (3) by striking `or' at the end; and
            (2) by inserting after paragraph (4) the following:
            ``(5) commits a felony crime of violence; or
            ``(6) commits a crime of violence against, or an offense 
        that consists of or is intended to facilitate unlawful sexual 
        contact (as defined in section 2246) with, a person who has not 
        attained the age of 18 years;''.
    (b) Supervised Release.--Section 3583(g) of title 18, United States 
Code, is amended--
            (1) in paragraph (3) by striking `or' at the end; and
            (2) by inserting after paragraph (4) the following:
            ``(5) commits a felony crime of violence; or
            ``(6) commits a crime of violence against, or an offense 
        that consists of or is intended to facilitate unlawful sexual 
        contact (as defined in section 2246) with, a person who has not 
        attained the age of 18 years;''.

   Subtitle C--Office on Sexual Violence and Crimes Against Children

SEC. 161. ESTABLISHMENT.

    There is established within the Department of Justice, under the 
general authority of the Attorney General, an Office on Sexual Violence 
and Crimes against Children (hereinafter in this subtitle referred to 
as the ``Office'').

SEC. 162. DIRECTOR.

    The 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 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.

SEC. 163. DUTIES AND FUNCTIONS.

     The Office is authorized to--
            (1) administer the standards for sex offender registration 
        and notification programs set forth in this title;
            (2) administer grant programs relating to sex offender 
        registration and notification authorized by this title and 
        other grant programs authorized by this title 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.

                      TITLE II--DNA FINGERPRINTING

SEC. 201. TECHNICAL AMENDMENT.

    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 ``or from'' and all that follows through ``detained'' and 
inserting ``, detained, or convicted''.

SEC. 202. STOPPING VIOLENT PREDATORS AGAINST CHILDREN.

    In carrying out Acts of Congress relating to DNA databases, the 
Attorney General shall give appropriate consideration to the need for 
the collection and testing of DNA to stop violent predators against 
children.

SEC. 203. MODEL CODE ON INVESTIGATING MISSING PERSONS AND DEATHS.

    (a) Sense of Congress.--It is the sense of Congress that each State 
should, not later than 1 year after the date on which the Attorney 
General published the model code, enact laws implementing the model 
code.
    (b) GAO Study.--Not later than 2 years after the date on which the 
Attorney General published the model code, the Comptroller General 
shall submit to Congress a report on the extent to which States have 
implemented the model code. The report shall, for each State--
            (1) describe the extent to which the State has implemented 
        the model code; and
            (2) to the extent the State has not implemented the model 
        code, describe the reasons why the State has not done so.

    TITLE III--PREVENTION AND DETERRENCE OF CRIMES AGAINST CHILDREN

SEC. 301. ASSURED PUNISHMENT FOR VIOLENT CRIMES AGAINST CHILDREN.

    (a) Special Sentencing Rule.--Subsection (d) of section 3559 of 
title 18, United States Code, is amended to read as follows:
    ``(d) Mandatory Minimum Terms of Imprisonment for Violent Crimes 
Against Children.--A person who is convicted of a felony 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 results in the death of a 
        person who has not attained the age of 18 years, be sentenced 
        to death or life in prison;
            ``(2) if the crime of violence is kidnapping, aggravated 
        sexual abuse, sexual abuse, or maiming, be imprisoned for life 
        or any term of years not less than 30; and
            ``(3) if the crime of violence results in serious bodily 
        injury (as defined in section 2119), be imprisoned for life or 
        for any term of years not less than 20.''.

SEC. 302. KENNETH WREDE FAIR AND EXPEDITIOUS HABEAS REVIEW OF STATE 
              CRIMINAL CONVICTIONS.

    (a) Section 2264.--Section 2264 of title 28, United States Code, is 
amended by redesignating subsection (b) as subsection (c) and inserting 
after subsection (a) the following:
    ``(b) The court shall not have jurisdiction to consider an 
application with respect to an error relating to the applicant's 
sentence or sentencing that has been found to be harmless or not 
prejudicial in State court proceedings, that was not presented in State 
court proceedings, or that was found by a State court to be 
procedurally barred, unless a determination that the error is not 
structural is contrary to clearly established Federal law, as 
determined by the Supreme Court of the United States.''.
    (b) Section 2254.--Section 2254 of title 28, United States Code, is 
amended by adding at the end the following:
    ``(j) The court, Justice, or judge entertaining the application 
shall not have jurisdiction to consider an application with respect to 
an error relating to the applicant's sentence or sentencing that has 
been found to be harmless or not prejudicial in State court 
proceedings, that was not presented in State court proceedings, or that 
was found by a State court to be procedurally barred, unless a 
determination that the error is not structural is contrary to clearly 
established Federal law, as determined by the Supreme Court of the 
United States.''.
    (c) Application.--The amendments made by this section apply to 
cases pending on or after the date of the enactment of this Act.

SEC. 303. 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. 304. STUDY OF INTERSTATE TRACKING OF PERSONS CONVICTED OF OR UNDER 
              INVESTIGATION FOR CHILD ABUSE.

    (a) Study.--The Attorney General shall study the establishment of a 
nationwide interstate tracking system of persons convicted of, or under 
investigation for, child abuse. The study shall include an analysis, 
along with the costs and benefits, of various mechanisms for 
establishing an interstate tracking system, and include the extent to 
which existing registries could be used.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Attorney General shall report to the Congress the 
results of the study under this section.

      TITLE IV--PROTECTION AGAINST SEXUAL EXPLOITATION OF CHILDREN

SEC. 401. 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--
                    (A) by inserting ``, chapter 110, chapter 117, or 
                section 1591'' after ``this chapter'';
                    (B) by striking ``A person'' and inserting ``(a) in 
                general.--A person''; and
                    (C) by adding at the end the following:
    ``(b) Offenses Involving Young Children.--A person who, in the 
course of an offense under this chapter, chapter 110, chapter 117, or 
section 1591 engages in conduct that results in the death of a person 
who has not attained the age of 12 years, shall be punished by death or 
imprisoned for not less than 30 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 (sexual abuse 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 ``20''.
            (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--
            (1) by striking ``or 2423(a)'' and inserting ``2423(a)''; 
        and
            (2) by inserting ``, 2423(b) (relating to travel with 
        intent to engage in illicit sexual conduct), 2423(c) (relating 
        to illicit sexual conduct in foreign places), or 2425 (relating 
        to use of interstate facilities to transmit information about a 
        minor)'' after ``minors)''.

SEC. 402. SENSE OF CONGRESS WITH RESPECT TO PROSECUTIONS UNDER SECTION 
              2422(B) OF TITLE 18, UNITED STATES CODE.

    (a) Findings.--Congress finds that--
            (1) a jury convicted Jan P. Helder, Jr., of using a 
        computer to attempt to entice an individual who had not 
        attained the age of 18 years to engage in unlawful sexual 
        activity;
            (2) during the trial, evidence showed that Jan Helder had 
        engaged in an online chat with an individual posing as a minor, 
        who unbeknownst to him, was an undercover law enforcement 
        officer;
            (3) notwithstanding, Dean Whipple, District Judge for the 
        Western District of Missouri, acquitted Jan Helder, ruling that 
        because he did not, in fact, communicate with a minor, he did 
        not commit a crime;
            (4) the 9th Circuit Court of Appeals, in United States v. 
        Jeffrey Meek, specifically addressed the question facing Judge 
        Whipple and concurred with the 5th and 11th Circuit Courts in 
        finding that ``an actual minor victim is not required for an 
        attempt conviction under 18 U.S.C. 2422(b).'';
            (5) the Department of Justice has successfully used 
        evidence obtained through undercover law enforcement to 
        prosecute and convict perpetrators who attempted to solicit 
        children on the Internet; and
            (6) the Department of Justice states, ``Online child 
        pornography/child sexual exploitation is the most significant 
        cyber crime problem confronting the FBI that involves crimes 
        against children''.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) it is a crime under section 2422(b) of title 18, United 
        States Code, to use a facility of interstate commerce to 
        attempt to entice an individual who has not attained the age of 
        18 years into unlawful sexual activity, even if the perpetrator 
        incorrectly believes that the individual has not attained the 
        age of 18 years;
            (2) well-established caselaw has established that section 
        2422(b) of title 18, United States Code, criminalizes any 
        attempt to entice a minor into unlawful sexual activity, even 
        if the perpetrator incorrectly believes that the individual has 
        not attained the age of 18 years;
            (3) the Department of Justice should appeal Judge Whipple's 
        decision in United States v. Helder, Jr. and aggressively 
        continue to track down and prosecute sex offenders on the 
        Internet; and
            (4) Judge Whipple's decision in United States v. Helder, 
        Jr. should be overturned in light of the law as it is written, 
        the intent of Congress, and well-established caselaw.

SEC. 403. GRANTS FOR CHILD SEXUAL ABUSE PREVENTION PROGRAMS.

    (a) In General.--The Attorney General shall make grants to States, 
units of local government, Indian tribes, and nonprofit organizations 
for purposes of establishing and maintaining programs with respect to 
the prevention of sexual offenses committed against minors.
    (b) State Defined.--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 $10,000,000 for each of fiscal years 2007 through 2011 to 
carry out this section.

 TITLE V--FOSTER CHILD PROTECTION AND CHILD SEXUAL PREDATOR DETERRENCE

SEC. 501. 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) In 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. 502. ACCESS TO FEDERAL CRIME INFORMATION DATABASES FOR CERTAIN 
              PURPOSES.

    (a) 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) 
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 elementary or secondary school, a local 
        educational agency, or State educational agency in that State, 
        on individuals employed by, under consideration for employment 
        by, or volunteering for the school or agency in a position in 
        which the individual would work with or around children.
    (b) Fingerprint-Based Check.--Where possible, the check shall 
include a fingerprint-based check of State criminal history databases.
    (c) Fees.--The Attorney General and the States may charge any 
applicable fees for the checks.
    (d) Protection of Information.--An individual having information 
derived as a result of a check under subsection (a) may release that 
information only to appropriate officers of child welfare agencies, 
private elementary or secondary schools, or educational agencies or 
other persons authorized by law to receive that information.
    (e) Criminal Penalties.--An individual who knowingly exceeds the 
authority in subsection (a), or knowingly releases information in 
violation of subsection (d), shall be imprisoned not more than 10 years 
or fined under title 18, United States Code, or both.
    (f) 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.
    (g) 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).
    (h) Technical Correction.--Section 534 of title 28, United States 
Code, is amended by redesignating the second subsection (e) as 
subsection (f).

SEC. 503. PENALTIES FOR COERCION AND ENTICEMENT BY SEX OFFENDERS.

    Section 2422 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``or imprisoned not more 
        than 20 years, or both'' and inserting ``and imprisoned not 
        less than 5 years nor more than 20 years''; and
            (2) in subsection (b), by striking ``5'' and inserting 
        ``10''.

SEC. 504. PENALTIES FOR CONDUCT RELATING TO CHILD PROSTITUTION.

    Section 2423 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``5 years and not more 
        than 30 years'' and inserting ``30 years or for life'';
            (2) in subsection (b), by striking ``or imprisoned not more 
        than 30 years, or both'' and inserting ``and imprisoned for not 
        less than 10 years and not more than 30 years'';
            (3) in subsection (c), by striking ``or imprisoned not more 
        than 30 years, or both'' and inserting ``and imprisoned for not 
        less than 10 years and not more than 30 years''; and
            (4) in subsection (d), by striking ``imprisoned not more 
        than 30 years, or both'' and inserting ``and imprisoned for not 
        less than 10 nor more than 30 years''.

SEC. 505. PENALTIES FOR SEXUAL ABUSE.

    (a) Aggravated Sexual Abuse.--Section 2241 of title 18, United 
States Code, is amended--
            (1) in subsection (a), by striking ``, imprisoned for any 
        term of years or life, or both'' and inserting ``and imprisoned 
        for any term of years not less than 30 or for life''; and
            (2) in subsection (b), by striking ``, imprisoned for any 
        term of years or life, or both'' and inserting ``and imprisoned 
        for any term of years not less than 30 or for life''.
    (b) 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 not less than 10 years nor more than 30 
years''.
    (c) Abusive Sexual Contact.--Section 2244(a) of title 18, United 
States Code, is amended--
            (1) in paragraph (1), by striking ``ten years'' and 
        inserting ``30 years'';
            (2) in paragraph (2), by striking ``three years'' and 
        inserting ``20 years'';
            (3) in paragraph (3), by striking ``two years'' and 
        inserting ``15 years''; and
            (4) in paragraph (4), by striking ``two years'' and 
        inserting ``10 years''.

SEC. 506. SEX OFFENDER SUBMISSION TO SEARCH AS CONDITION OF RELEASE.

    (a) Conditions of Probation.--Section 3563(a) of title 18, United 
States Code, is amended--
            (1) in paragraph (9), by striking the period and inserting 
        ``; and''; and
            (2) by inserting after paragraph (9) the following:
            ``(10) for a person who is a felon or 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 
        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 or 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. 507. 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. 508. MARITAL COMMUNICATION AND ADVERSE SPOUSAL PRIVILEGE.

    (a) In General.--Chapter 119 of title 28, United States Code, is 
amended by inserting after section 1826 the following:
``Sec. 1826A. Marital communications and adverse spousal privilege
    ``The confidential marital communication 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.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 119 of title 28, United States Code, is amended by inserting 
after the item relating to section 1826 the following:

``1826A. Marital communications and adverse spousal privilege''.

SEC. 509. 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. 510. 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' means that a 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.''.

SEC. 511. 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 locations 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 must, 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.
    (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 an 
        individual who is dangerous to others because of a mental 
        illness, abnormality, or disorder that creates a risk that the 
        individual will engage in 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 2006, 2007, 2008, and 2009.

SEC. 512. 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 10'' after ``any 
                term of years''; and
                    (C) by striking ``, or both''; and
            (2) in paragraph (2)--
                    (A) by striking ``or imprisonment for not'' and 
                inserting ``and imprisonment for not less than 5 years 
                nor''; and
                    (B) by striking ``, or both''.

SEC. 513. 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. 514. 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. 3298. 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, 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:

``3298. Child abduction and sex offenses''.

SEC. 515. CHILD ABUSE REPORTING.

    Section 2258 of title 18, United States Code, is amended by 
striking ``Class B misdemeanor'' and inserting ``Class A misdemeanor''.

                 TITLE VI--CHILD PORNOGRAPHY PREVENTION

SEC. 601. FINDINGS.

    Congress makes the following findings:
            (1) The effect of the intrastate production, 
        transportation, distribution, receipt, advertising, and 
        possession of child pornography on 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. 602. STRENGTHENING SECTION 2257 TO ENSURE THAT CHILDREN ARE NOT 
              EXPLOITED IN THE PRODUCTION OF PORNOGRAPHY.

    Section 2257(h) of title 18, United States Code, is amended--
            (1) in paragraph (1), by striking ``subparagraphs (A) 
        through (D)'' and inserting ``subparagraph (A)''; and
            (2) in paragraph (3), by striking ``which does not 
        involve'' and all that follows through ``depicted'' and 
        inserting ``with respect to which the Attorney General 
        determines the record keeping requirements of this section are 
        not needed to carry out the purposes of this chapter''.

SEC. 603. ADDITIONAL RECORDKEEPING REQUIREMENTS.

    (a) New Requirement.--
            (1) In general.--Title 18, United States Code, is amended 
        by inserting after section 2257 the following:
``Sec. 2257A. Recordkeeping requirements for simulated sexual conduct
    ``(a) Whoever produces any book, magazine, periodical, film, 
videotape, or other matter which--
            ``(1) contains a visual depiction of simulated sexually 
        explicit conduct (except conduct described in section 
        2256(2)(A)(v)), created after the date of the enactment of this 
        section; 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) Subsections (b), (c), (d), (e), (f), (h)(2), and (I) of 
section 2257 apply to matter and records described in subsection (a) of 
this section in the same manner as they apply to matter and records 
described in section 2257(a).
    ``(c) As used in this section, the term `produces' means--
            ``(1) to film, videotape, photograph; or create a picture, 
        digital image, or digitally- or computer-manipulated image of 
        an actual human being, that constitutes a visual depiction of 
        simulated sexually explicit conduct; or
            ``(2) to make such a depiction available to another, if the 
        circumstances in which the depiction is made available are 
        likely to convey the impression that the depiction is child 
        pornography.
    ``(d) This section (other than to the extent subsection (b) of this 
section makes section 2257(d) applicable) does not apply to a person 
who produces matter described in subsection (a), and who--
            ``(1) ascertains, by examination of an identification 
        document containing such information, the name and birth date 
        of every performer portrayed in such a visual depiction, and 
        maintains such information in individually identifiable 
        records;
            ``(2) makes such records available to the Attorney General 
        for inspection at all reasonable times;
            ``(3) provides to the Attorney General the name, title, and 
        business address of the individual employed for the purpose of 
        maintaining such records; and
            ``(4) certifies compliance with paragraphs (1), (2), and 
        (3) to the Attorney General on an annual basis, and that the 
        Attorney General will be promptly notified of any changes in 
        that name, title, or business address.''.
            (2) Effective date of regulations.--The regulations issued 
        to carry out section 2257A of title 18, United States Code, 
        shall not become effective until 90 days after the regulations 
        are published in the Federal Register.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
chapter 110 of title 18, United States Code, is amended by inserting 
after the item relating to section 2257 the following new item:

``2257A. Recordkeeping requirements for simulated sexual conduct''.

SEC. 604. 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) must 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, aid any individual the defendant may seek to qualify 
        to furnish expert testimony at trial.''.

SEC. 605. 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 subsection (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 sections 2252B, 2257, or 2257A 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, 2257, or 
        2257A'' 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 subsection (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. 606. 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. 607. 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 VII--COURT SECURITY

SEC. 701. JUDICIAL BRANCH SECURITY REQUIREMENTS.

    (a) Ensuring Consultation With the Administrative Office of the 
United States Courts.--Section 566 of title 28, United States Code, is 
amended by adding at the end the following:
    ``(I) The United States Marshals Service shall consult with the 
Administrative Office of the United States Courts on a continuing basis 
regarding the security requirements for the judicial branch and inform 
the Administrative Office of the measures the Marshals Service intends 
to take to meet those requirements.''.
    (b) Conforming Amendment.--Section 604(a) of title 28, United 
States Code, is amended--
            (1) by redesignating existing paragraph (24) as paragraph 
        (25);
            (2) by striking ``and'' at the end of paragraph (23); and
            (3) by inserting after paragraph (23) the following:
            ``(24) Consult with the United States Marshals Service on a 
        continuing basis regarding the security requirements for the 
        Judicial Branch; and''.

SEC. 702. ADDITIONAL AMOUNTS FOR UNITED STATES MARSHALS SERVICE TO 
              PROTECT THE JUDICIARY.

    In addition to any other amounts authorized to be appropriated for 
the United States Marshals Service, there are authorized to be 
appropriated for the United States Marshals Service to protect the 
judiciary, $20,000,000 for each of fiscal years 2006 through 2010 for--
            (1) hiring entry-level deputy marshals for providing 
        judicial security;
            (2) hiring senior-level deputy marshals for investigating 
        threats to the judiciary and providing protective details to 
        members of the judiciary and Assistant United States Attorneys; 
        and
            (3) for the Office of Protective Intelligence, for hiring 
        senior-level deputy marshals, hiring program analysts, and 
        providing secure computer systems.

SEC. 703. PROTECTIONS AGAINST MALICIOUS RECORDING OF FICTITIOUS LIENS 
              AGAINST FEDERAL JUDGES AND FEDERAL LAW ENFORCEMENT 
              OFFICERS.

    (a) Offense.--Chapter 73 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1521. Retaliating against a Federal official by false claim or 
              slander of title
    ``Whoever, with the intent to harass or intimidate a person 
designated in section 1114, files, or attempts or conspires to file, in 
any public record or in any private record which is generally available 
to the public, any false lien or encumbrance against the real or 
personal property of that person, on account of the performance of 
official duties by that person, shall be fined under this title or 
imprisoned for not more than 10 years, or both.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 73 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``1521. Retaliating against a Federal judge or Federal law enforcement 
                            officer by false claim or slander of 
                            title.''.

SEC. 704. PROTECTION OF INDIVIDUALS PERFORMING CERTAIN OFFICIAL DUTIES.

    (a) Offense.--Chapter 7 of title 18, United States Code, is amended 
by adding at the end the following:
``Sec. 117. Protection of individuals performing certain official 
              duties
    ``(a) Whoever knowingly makes restricted personal information about 
a covered official, or a member of the immediate family of that covered 
official, publicly available, with the intent that such restricted 
personal information be used to intimidate or facilitate the commission 
of a crime of violence (as defined in section 16) against that covered 
official, or a member of the immediate family of that covered official, 
shall be fined under this title and imprisoned not more than 5 years, 
or both.
    ``(b) As used in this section--
            ``(1) the term `restricted personal information' means, 
        with respect to an individual, the Social Security number, the 
        home address, home phone number, mobile phone number, personal 
        email, or home fax number of, and identifiable to, that 
        individual;
            ``(2) the term `covered official' means--
                    ``(A) an individual designated in section 1114;
                    ``(B) a public safety officer (as that term is 
                defined in section 1204 of the Omnibus Crime Control 
                and Safe Streets Act of 1968); or
                    ``(C) a grand or petit juror, witness, or other 
                officer in or of, any court of the United States, or an 
                officer who may be serving at any examination or other 
                proceeding before any United States magistrate judge or 
                other committing magistrate; and
            ``(3) the term `immediate family' has the same meaning 
        given that term in section 115(c)(2).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of title 18, United States Code, is amended by adding at the 
end the following new item:

``117. Protection of individuals performing certain official duties''.

SEC. 705. REPORT ON SECURITY OF FEDERAL PROSECUTORS.

    Not later than 90 days 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 on the security of assistant United States attorneys 
and other Federal attorneys arising from the prosecution of terrorists, 
violent criminal gangs, drug traffickers, gun traffickers, white 
supremacists, and those who commit fraud and other white-collar 
offenses. The report shall describe each of the following:
            (1) The number and nature of threats and assaults against 
        attorneys handling those prosecutions and the reporting 
        requirements and methods.
            (2) The security measures that are in place to protect the 
        attorneys who are handling those prosecutions, including 
        measures such as threat assessments, response procedures, 
        availability of security systems and other devices, firearms 
        licensing (deputations), and other measures designed to protect 
        the attorneys and their families.
            (3) The Department of Justice's firearms deputation 
        policies, including the number of attorneys deputized and the 
        time between receipt of threat and completion of the deputation 
        and training process.
            (4) For each measure covered by paragraphs (1) through (3), 
        when the report or measure was developed and who was 
        responsible for developing and implementing the report or 
        measure.
            (5) The programs that are made available to the attorneys 
        for personal security training, including training relating to 
        limitations on public information disclosure, basic home 
        security, firearms handling and safety, family safety, mail 
        handling, counter-surveillance, and self-defense tactics.
            (6) The measures that are taken to provide the attorneys 
        with secure parking facilities, and how priorities for such 
        facilities are established--
                    (A) among Federal employees within the facility;
                    (B) among Department of Justice employees within 
                the facility; and
                    (C) among attorneys within the facility.
            (7) The frequency such attorneys are called upon to work 
        beyond standard work hours and the security measures provided 
        to protect attorneys at such times during travel between office 
        and available parking facilities.
            (8) With respect to attorneys who are licensed under State 
        laws to carry firearms, the Department of Justice's policy as 
        to--
                    (A) carrying the firearm between available parking 
                and office buildings;
                    (B) securing the weapon at the office buildings; 
                and
                    (C) equipment and training provided to facilitate 
                safe storage at Department of Justice facilities.
            (9) The offices in the Department of Justice that are 
        responsible for ensuring the security of the attorneys, the 
        organization and staffing of the offices, and the manner in 
        which the offices coordinate with offices in specific 
        districts.
            (10) The role, if any, that the United States Marshals 
        Service or any other Department of Justice component plays in 
        protecting, or providing security services or training for, the 
        attorneys.

SEC. 706. FLIGHT TO AVOID PROSECUTION FOR KILLING PEACE OFFICERS.

    (a) Flight.--Chapter 49 of title 18, United States Code, is amended 
by adding at the end the following:
``Sec. 1075. Flight to avoid prosecution for killing peace officers
    ``Whoever moves or travels in interstate or foreign commerce with 
intent to avoid prosecution, or custody or confinement after 
conviction, under the laws of the place from which he flees or under 
section 1114 or 1123, for a crime consisting of the killing, an 
attempted killing, or a conspiracy to kill, an individual involved in 
crime and juvenile delinquency control or reduction, or enforcement of 
the laws or for a crime punishable by section 1114 or 1123, shall be 
fined under this title and imprisoned, in addition to any other 
imprisonment for the underlying offense, for any term of years not less 
than 10.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 49 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1075. Flight to avoid prosecution for killing peace officers''.

SEC. 707. SPECIAL PENALTIES FOR MURDER, KIDNAPPING, AND RELATED CRIMES 
              AGAINST FEDERAL JUDGES AND FEDERAL LAW ENFORCEMENT 
              OFFICERS.

    (a) Murder.--Section 1114 of title 18, United States Code, is 
amended--
            (1) by inserting ``(a)'' before ``Whoever''; and
            (2) by adding at the end the following:
    ``(b) If the victim of a murder punishable under this section is a 
United States judge (as defined in section 115) or a Federal law 
enforcement officer (as defined in 115) the offender shall be punished 
by a fine under this title and imprisonment for any term of years not 
less than 30, or for life, or, if death results, may be sentenced to 
death.''.
    (b) Kidnapping.--Section 1201(a) of title 18, United States Code, 
is amended by adding at the end the following: ``If the victim of the 
offense punishable under this subsection is a United States judge (as 
defined in section 115) or a Federal law enforcement officer (as 
defined in 115) the offender shall be punished by a fine under this 
title and imprisonment for any term of years not less than 30, or for 
life, or, if death results, may be sentenced to death.''.

SEC. 708. AUTHORITY OF FEDERAL JUDGES AND PROSECUTORS TO CARRY 
              FIREARMS.

    (a) In General.--Chapter 203 of title 18, United States Code, is 
amended by inserting after section 3053 the following:
``Sec. 3054. Authority of Federal judges and prosecutors to carry 
              firearms
    ``Any justice of the United States or judge of the United States 
(as defined in section 451 of title 28), any judge of a court created 
under article I of the United States Constitution, any bankruptcy 
judge, any magistrate judge, any United States attorney, and any other 
officer or employee of the Department of Justice whose duties include 
representing the United States in a court of law, may carry firearms, 
subject to such regulations as the Attorney General shall prescribe. 
Such regulations may provide for training and regular certification in 
the use of firearms and shall, with respect to justices, judges, 
bankruptcy judges, and magistrate judges, be prescribed after 
consultation with the Judicial Conference of the United States.''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
amended by inserting after the item relating to section 3053 the 
following:

``3054. Authority of Federal judges and prosecutors to carry 
                            firearms''.

SEC. 709. PENALTIES FOR CERTAIN ASSAULTS.

    Section 111 of title 18, United States Code, is amended--
            (1) by striking ``8 years'' and inserting ``15 years'' in 
        subsection (a); and
            (2) by striking ``20 years'' and inserting ``30 years'' in 
        subsection (b).

SEC. 710. DAVID MARCH AND HENRY PRENDES PROTECTION OF FEDERALLY FUNDED 
              PUBLIC SAFETY OFFICERS.

    (a) Offense.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1123. Killing of federally funded public safety officers
    ``(a) Whoever kills, or attempts or conspires to kill, a federally 
funded public safety officer while that officer is engaged in official 
duties, or on account of the performance of official duties, or kills a 
former federally funded public safety officer on account of the past 
performance of official duties, shall be punished by a fine under this 
title and imprisonment for any term of years not less than 30, or for 
life, or, if death results and the offender is prosecuted as a 
principal, may be sentenced to death.
    ``(b) As used in this section--
            ``(1) the term `federally funded public safety officer' 
        means a public safety officer for a public agency (including a 
        court system, the National Guard of a State to the extent the 
        personnel of that National Guard are not in Federal service, 
        and the defense forces of a State authorized by section 109 of 
        title 32) that receives Federal financial assistance, of an 
        entity that is a State of the United States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the Virgin Islands 
        of the United States, Guam, American Samoa, the Trust Territory 
        of the Pacific Islands, the Commonwealth of the Northern 
        Mariana Islands, or any territory or possession of the United 
        States, an Indian tribe, or a unit of local government of that 
        entity;
            ``(2) the term `public safety officer' means an individual 
        serving a public agency in an official capacity, as a judicial 
        officer, as a law enforcement officer, as a firefighter, as a 
        chaplain, or as a member of a rescue squad or ambulance crew;
            ``(3) the term `judicial officer' means a judge or other 
        officer or employee of a court, including prosecutors, court 
        security, pretrial services officers, court reporters, and 
        corrections, probation, and parole officers; and
            ``(4) the term `firefighter' includes an individual serving 
        as an official recognized or designated member of a legally 
        organized volunteer fire department and an officially 
        recognized or designated public employee member of a rescue 
        squad or ambulance crew; and
            ``(5) the term `law enforcement officer' means an 
        individual, with arrest powers, involved in crime and juvenile 
        delinquency control or reduction, or enforcement of the 
        laws.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 51 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1123. Killing of federally funded public safety officers''.

SEC. 711. MODIFICATION OF DEFINITION OF OFFENSE AND OF THE PENALTIES 
              FOR, INFLUENCING OR INJURING OFFICER OR JUROR GENERALLY.

    Section 1503 of title 18, United States Code, is amended--
            (1) so that subsection (a) reads as follows:
    ``(a)(1) Whoever--
            ``(A) corruptly, or by threats of force or force, endeavors 
        to influence, intimidate, or impede a juror or officer in a 
        judicial proceeding in the discharge of that juror or officer's 
        duty;
            ``(B) injures a juror or an officer in a judicial 
        proceeding arising out of the performance of official duties as 
        such juror or officer; or
            ``(C) corruptly, or by threats of force or force, 
        obstructs, or impedes, or endeavors to influence, obstruct, or 
        impede, the due administration of justice;
or attempts or conspires to do so, shall be punished as provided in 
subsection (b).
    ``(2) As used in this section, the term `juror or officer in a 
judicial proceeding' means a grand or petit juror, or other officer in 
or of any court of the United States, or an officer who may be serving 
at any examination or other proceeding before any United States 
magistrate judge or other committing magistrate.''; and
            (2) in subsection (b), by striking paragraphs (1) through 
        (3) and inserting the following:
            ``(1) in the case of a killing, or an attempt or a 
        conspiracy to kill, the punishment provided in section 1111, 
        1112, 1113, and 1117; and
            ``(2) in any other case, a fine under this title and 
        imprisonment for not more than 30 years.''.

SEC. 712. MODIFICATION OF TAMPERING WITH A WITNESS, VICTIM, OR AN 
              INFORMANT OFFENSE.

    (a) Changes in Penalties.--Section 1512 of title 18, United States 
Code, is amended--
            (1) in each of paragraphs (1) and (2) of subsection (a), 
        insert ``or conspires'' after ``attempts'';
            (2) so that subparagraph (A) of subsection (a)(3) reads as 
        follows:
            ``(A) in the case of a killing, the punishment provided in 
        sections 1111 and 1112;'';
            (3) in subsection (a)(3)--
                    (A) in the matter following clause (ii) of 
                subparagraph (B) by striking ``20 years'' and inserting 
                ``30 years''; and
                    (B) in subparagraph (C), by striking ``10 years'' 
                and inserting ``20 years'';
            (4) in subsection (b), by striking ``ten years'' and 
        inserting ``30 years''; and
            (5) in subsection (d), by striking ``one year'' and 
        inserting ``20 years''.

SEC. 713. MODIFICATION OF RETALIATION OFFENSE.

    Section 1513 of title 18, United States Code, is amended--
            (1) in subsection (a)(1), by inserting ``or conspires'' 
        after ``attempts'';
            (2) in subsection (a)(1)(B)--
                    (A) by inserting a comma after ``probation''; and
                    (B) by striking the comma which immediately follows 
                another comma;
            (3) in subsection (a)(2)(B), by striking ``20 years'' and 
        inserting ``30 years'';
            (4) in subsection (b), by striking ``ten years'' and 
        inserting ``30 years'';
            (5) in the first subsection (e), by striking ``10 years'' 
        and inserting ``30 years''; and
            (6) by redesignating the second subsection (e) as 
        subsection (f).

SEC. 714. INCLUSION OF INTIMIDATION AND RETALIATION AGAINST WITNESSES 
              IN STATE PROSECUTIONS AS BASIS FOR FEDERAL PROSECUTION.

    Section 1952 of title 18, United States Code, is amended in 
subsection (b)(2), by inserting ``intimidation of, or retaliation 
against, a witness, victim, juror, or informant,'' after ``extortion, 
bribery,''.

SEC. 715. CLARIFICATION OF VENUE FOR RETALIATION AGAINST A WITNESS.

    Section 1513 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(g) A prosecution under this section may be brought in the 
district in which the official proceeding (whether or not pending, 
about to be instituted or completed) was intended to be affected or was 
completed, or in which the conduct constituting the alleged offense 
occurred.''.

SEC. 716. PROHIBITION OF POSSESSION OF DANGEROUS WEAPONS IN FEDERAL 
              COURT FACILITIES.

    Section 930(e)(1) of title 18, United States Code, is amended by 
inserting ``or other dangerous weapon'' after ``firearm''.

SEC. 717. GENERAL MODIFICATIONS OF FEDERAL MURDER CRIME AND RELATED 
              CRIMES.

    (a) Murder Amendments.--Section 1111 of title 18, United States 
Code, is amended in subsection (b) by inserting ``not less than 30'' 
after ``any term of years''.
    (b) Manslaughter Amendments.--Section 1112(b) of title 18, United 
States Code, is amended--
            (1) by striking ``ten years'' and inserting ``20 years''; 
        and
            (2) by striking ``six years'' and inserting ``10 years''.

SEC. 718. WITNESS PROTECTION GRANT PROGRAM.

    Title I of the Omnibus Crime Control and Safe Streets Act of 1968 
is amended by inserting after part BB (42 U.S.C. 3797j et seq.) the 
following new part:

                  ``PART CC--WITNESS PROTECTION GRANTS

``SEC. 2811. PROGRAM AUTHORIZED.

    ``(a) In General.--From amounts made available to carry out this 
part, the Attorney General may make grants to States, units of local 
government, and Indian tribes to create and expand witness protection 
programs in order to prevent threats, intimidation, and retaliation 
against victims of, and witnesses to, crimes.
    ``(b) Uses of Funds.--Grants awarded under this part shall be--
            ``(1) distributed directly to the State, unit of local 
        government, or Indian tribe; and
            ``(2) used for the creation and expansion of witness 
        protection programs in the jurisdiction of the grantee.
    ``(c) Preferential Consideration.--In awarding grants under this 
part, the Attorney General may give preferential consideration, if 
feasible, to an application from a jurisdiction that--
            ``(1) has the greatest need for witness and victim 
        protection programs;
            ``(2) has a serious violent crime problem in the 
        jurisdiction;
            ``(3) has had, or is likely to have, instances of threats, 
        intimidation, and retaliation against victims of, and witnesses 
        to, crimes; and
            ``(4) shares an international border and faces a 
        demonstrable threat from cross border crime and violence.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $20,000,000 for each of fiscal 
years 2006 through 2010.''.

SEC. 719. FUNDING FOR STATE COURTS TO ASSESS AND ENHANCE COURT SECURITY 
              AND EMERGENCY PREPAREDNESS.

    (a) In General.--The Attorney General, through the Office of 
Justice Programs, shall make grants under this section to the highest 
State courts in States participating in the program, for the purpose of 
enabling such courts--
            (1) to conduct assessments focused on the essential 
        elements for effective courtroom safety and security planning; 
        and
            (2) to implement changes deemed necessary as a result of 
        the assessments.
    (b) Essential Elements.--As used in subsection (a)(1), the 
essential elements include, but are not limited to--
            (1) operational security and standard operating procedures;
            (2) facility security planning and self-audit surveys of 
        court facilities;
            (3) emergency preparedness and response and continuity of 
        operations;
            (4) disaster recovery and the essential elements of a plan;
            (5) threat assessment;
            (6) incident reporting;
            (7) security equipment;
            (8) developing resources and building partnerships; and
            (9) new courthouse design.
    (c) Applications.--To be eligible for a grant under this section, a 
highest State court shall submit to the Attorney General an application 
at such time, in such form, and including such information and 
assurances as the Attorney General shall require.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $20,000,000 for each of fiscal 
years 2006 through 2010.

SEC. 720. GRANTS TO STATES FOR THREAT ASSESSMENT DATABASES.

    (a) In General.--The Attorney General, through the Office of 
Justice Programs, shall make grants under this section to the highest 
State courts in States participating in the program, for the purpose of 
enabling such courts to establish and maintain a threat assessment 
database described in subsection (b).
    (b) Database.--For purposes of subsection (a), a threat assessment 
database is a database through which a State can--
            (1) analyze trends and patterns in domestic terrorism and 
        crime;
            (2) project the probabilities that specific acts of 
        domestic terrorism or crime will occur; and
            (3) develop measures and procedures that can effectively 
        reduce the probabilities that those acts will occur.
    (c) Core Elements.--The Attorney General shall define a core set of 
data elements to be used by each database funded by this section so 
that the information in the database can be effectively shared with 
other States and with the Department of Justice.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2006 through 2009.

SEC. 721. GRANTS TO STATES TO PROTECT WITNESSES AND VICTIMS OF CRIMES.

    (a) In General.--Section 31702 of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13862) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) to create and expand witness and victim protection 
        programs to prevent threats, intimidation, and retaliation 
        against victims of, and witnesses to, violent crimes.''.
    (b) Authorization of Appropriations.--Section 31707 of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13867) is 
amended to read as follows:

``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $20,000,000 for each of 
the fiscal years 2006 through 2010 to carry out this subtitle.''.

SEC. 722. GRANTS FOR YOUNG WITNESS ASSISTANCE.

    (a) Definitions.--For purposes of this section:
            (1) Director.--The term ``Director'' means the Director of 
        the Bureau of Justice Assistance.
            (2) Juvenile.--The term ``juvenile'' means an individual 
        who is 17 years of age or younger.
            (3) Young adult.--The term ``young adult'' means an 
        individual who is between the ages of 18 and 21.
            (4) State.--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.
    (b) Program Authorization.--The Director may make grants to State 
and local prosecutors and law enforcement agencies in support of 
juvenile and young adult witness assistance programs, including State 
and local prosecutors and law enforcement agencies that have existing 
juvenile and adult witness assistance programs.
    (c) Eligibility.--To be eligible to receive a grant under this 
section, State and local prosecutors and law enforcement officials 
shall--
            (1) submit an application to the Director in such form and 
        containing such information as the Director may reasonably 
        require; and
            (2) give assurances that each applicant has developed, or 
        is in the process of developing, a witness assistance program 
        that specifically targets the unique needs of juvenile and 
        young adult witnesses and their families.
    (d) Use of Funds.--Grants made available under this section may be 
used--
            (1) to assess the needs of juvenile and young adult 
        witnesses;
            (2) to develop appropriate program goals and objectives; 
        and
            (3) to develop and administer a variety of witness 
        assistance services, which includes--
                    (A) counseling services to young witnesses dealing 
                with trauma associated in witnessing a violent crime;
                    (B) pre- and post-trial assistance for the youth 
                and their family;
                    (C) providing education services if the child is 
                removed from or changes their school for safety 
                concerns;
                    (D) support for young witnesses who are trying to 
                leave a criminal gang and information to prevent 
                initial gang recruitment.
                    (E) protective services for young witnesses and 
                their families when a serious threat of harm from the 
                perpetrators or their associates is made; and
                    (F) community outreach and school-based initiatives 
                that stimulate and maintain public awareness and 
                support.
    (e) Reports.--
            (1) Report.--State and local prosecutors and law 
        enforcement agencies that receive funds under this section 
        shall submit to the Director a report not later than May 1st of 
        each year in which grants are made available under this 
        section. Reports shall describe progress achieved in carrying 
        out the purpose of this section.
            (2) Report to congress.--The Director shall submit to 
        Congress a report by July 1st of each year which contains a 
        detailed statement regarding grant awards, activities of grant 
        recipients, a compilation of statistical information submitted 
        by applicants, and an evaluation of programs established under 
        this section.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 2006, 2007, and 2008.

SEC. 723. STATE AND LOCAL COURT ELIGIBILITY.

    (a) Bureau Grants.--Section 302(c)(1) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732(c)(1)) is 
amended by inserting ``State and local courts, local law enforcement,'' 
after ``contracts with''.
    (b) State and Local Governments to Consider Courts.--The Attorney 
General may require, as appropriate, that whenever a State or unit of 
local government or Indian tribe applies for a grant from the 
Department of Justice, the State, unit, or tribe demonstrate that, in 
developing the application and distributing funds, the State, unit, or 
tribe--
            (1) considered the needs of the judicial branch of the 
        State, unit, or tribe, as the case may be;
            (2) consulted with the chief judicial officer of the 
        highest court of the State, unit, or tribe, as the case may be; 
        and
            (3) consulted with the chief law enforcement officer of the 
        law enforcement agency responsible for the security needs of 
        the judicial branch of the State, unit, or tribe, as the case 
        may be.
    (c) Armor Vests.--Section 2501 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (3796ii) is amended--
            (1) in subsection (a), by inserting ``State and local 
        court,'' after ``local,''; and
            (2) in subsection (b), by inserting ``State and local 
        court'' after ``government,''.
    (d) Child Abuse Prevention.--Section 105 of the Child Abuse 
Prevention and Treatment Act (42 U.S.C. 5106) is amended--
            (1) in the section heading, by inserting ``state and local 
        courts,'' after ``agencies'';
            (2) in subsection (a), by inserting ``and State and local 
        courts'' after ``such agencies or organizations)''; and
            (3) in subsection (a)(1), by inserting ``and State and 
        local courts'' after ``organizations''.

         TITLE VIII--REDUCTION AND PREVENTION OF GANG VIOLENCE

SEC. 801. REVISION AND EXTENSION OF PENALTIES RELATED TO CRIMINAL 
              STREET GANG ACTIVITY.

    (a) In General.--Chapter 26 of title 18, United States Code, is 
amended to read as follows:

                  ``CHAPTER 26--CRIMINAL STREET GANGS

``Sec.
``521. Criminal street gang prosecutions.
``Sec. 521. Criminal street gang prosecutions
    ``(a) Street Gang Crime.--Whoever commits, or conspires, threatens 
or attempts to commit, a gang crime for the purpose of furthering the 
activities of a criminal street gang, or gaining entrance to or 
maintaining or increasing position in such a gang, shall, in addition 
to being subject to a fine under this title--
            ``(1) if the gang crime results in the death of any person, 
        be sentenced to death or life in prison;
            ``(2) if the gang crime is kidnapping, aggravated sexual 
        abuse, or maiming, be imprisoned for life or any term of years 
        not less than 30;
            ``(3) if the gang crime is assault resulting in serious 
        bodily injury (as defined in section 1365), be imprisoned for 
        life or any term of years not less than 20; and
            ``(4) in any other case, be imprisoned for life or for any 
        term of years not less than 10.
    ``(b) Forfeiture.--
            ``(1) In general.--The court, in imposing sentence on any 
        person convicted of a violation of this section, shall order, 
        in addition to any other sentence imposed and irrespective of 
        any provision of State law, that such person shall forfeit to 
        the United States such person's interest in--
                    ``(A) any property used, or intended to be used, in 
                any manner or part, to commit, or to facilitate the 
                commission of, the violation; and
                    ``(B) any property constituting, or derived from, 
                any proceeds the person obtained, directly or 
                indirectly, as a result of the violation.
            ``(2) Application of controlled substances act.--
        Subsections (b), (c), (e), (f), (g), (h), (I), (j), (k), (l), 
        (m), (n), (o), and (p) of section 413 of the Controlled 
        Substances Act (21 U.S.C. 853) shall apply to a forfeiture 
        under this section as though it were a forfeiture under that 
        section.
    ``(c) Definitions.--The following definitions apply in this 
section:
            ``(1) Criminal street gang.--The term `criminal street 
        gang' means a formal or informal group or association of 3 or 
        more individuals, who commit 2 or more gang crimes (one of 
        which is a crime of violence), in 2 or more separate criminal 
        episodes, in relation to the group or association, if any of 
        the activities of the criminal street gang affects interstate 
        or foreign commerce.
            ``(2) Gang crime.--The term `gang crime' means conduct 
        constituting any Federal or State crime, punishable by 
        imprisonment for more than one year, in any of the following 
        categories:
                    ``(A) A crime of violence (other than a crime of 
                violence against the property of another).
                    ``(B) A crime involving obstruction of justice, 
                tampering with or retaliating against a witness, 
                victim, or informant, or burglary.
                    ``(C) A crime involving the manufacturing, 
                importing, distributing, possessing with intent to 
                distribute, or otherwise dealing in a controlled 
                substance or listed chemical (as those terms are 
                defined in section 102 of the Controlled Substances Act 
                (21 U.S.C. 802)).
                    ``(D) Any conduct punishable under section 844 
                (relating to explosive materials), subsection (a)(1), 
                (d), (g)(1) (where the underlying conviction is a 
                violent felony (as defined in section 924(e)(2)(B) of 
                this title) or is a serious drug offense (as defined in 
                section 924(e)(2)(A))), (g)(2), (g)(3), (g)(4), (g)(5), 
                (g)(8), (g)(9), (I), (j), (k), (n), (o), (p), (q), (u), 
                or (x) of section 922 (relating to unlawful acts), or 
                subsection (b), (c), (g), (h), (k), (l), (m), or (n) of 
                section 924 (relating to penalties), section 930 
                (relating to possession of firearms and dangerous 
                weapons in Federal facilities), section 931 (relating 
                to purchase, ownership, or possession of body armor by 
                violent felons), sections 1028 and 1029 (relating to 
                fraud and related activity in connection with 
                identification documents or access devices), section 
                1952 (relating to interstate and foreign travel or 
                transportation in aid of racketeering enterprises), 
                section 1956 (relating to the laundering of monetary 
                instruments), section 1957 (relating to engaging in 
                monetary transactions in property derived from 
                specified unlawful activity), or sections 2312 through 
                2315 (relating to interstate transportation of stolen 
                motor vehicles or stolen property).
                    ``(E) Any conduct punishable under section 274 
                (relating to bringing in and harboring certain aliens), 
                section 277 (relating to aiding or assisting certain 
                aliens to enter the United States), or section 278 
                (relating to importation of alien for immoral purpose) 
                of the Immigration and Nationality Act.
            ``(3) Aggravated sexual abuse.--The term `aggravated sexual 
        abuse' means an offense that, if committed in the special 
        maritime and territorial jurisdiction would be an offense under 
        section 2241(a).
            ``(4) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, and any 
        commonwealth, territory, or possession of the United States.''.
    (b) Amendment Relating to Priority of Forfeiture Over Orders for 
Restitution.--Section 3663(c)(4) of title 18, United States Code, is 
amended by striking ``chapter 46 or chapter 96 of this title'' and 
inserting ``section 521, under chapter 46 or 96,''.
    (c) Money Laundering.--Section 1956(c)(7)(D) of title 18, United 
States Code, is amended by inserting ``, section 521 (relating to 
criminal street gang prosecutions)'' before ``, section 541''.

SEC. 802. INCREASED PENALTIES FOR INTERSTATE AND FOREIGN TRAVEL OR 
              TRANSPORTATION IN AID OF RACKETEERING.

    Section 1952 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``perform'' and all that 
        follows through the end of the subsection and inserting 
        ``perform an act described in paragraph (1), (2), or (3), or 
        conspires to do so, shall be punished as provided in subsection 
        (d).''; and
            (2) by adding at the end following:
    ``(d) The punishment for an offense under subsection (a) is--
            ``(1) in the case of a violation of paragraph (1) or (3), a 
        fine under this title and imprisonment for not more than 20 
        years; and
            ``(2) in the case of a violation of paragraph (2), a fine 
        under this title and imprisonment for any term of years or for 
        life, but if death results the offender may be sentenced to 
        death.''.

SEC. 803. AMENDMENTS RELATING TO VIOLENT CRIME.

    (a) Carjacking.--Section 2119 of title 18, United States Code, is 
amended--
            (1) by striking ``, with the intent to cause death or 
        serious bodily harm'' in the matter preceding paragraph (1);
            (2) by inserting ``or conspires'' after ``attempts'' in the 
        matter preceding paragraph (1);
            (3) by striking ``15'' and inserting ``20'' in paragraph 
        (1); and
            (4) by striking ``or imprisoned not more than 25 years, or 
        both'' and inserting ``and imprisoned for any term of years or 
        for life'' in paragraph (2).
    (b) Clarification of Illegal Gun Transfers to Commit Drug 
Trafficking Crime or Crimes of Violence.--Section 924(h) of title 18, 
United States Code, is amended to read as follows:
    ``(h) Whoever, in or affecting interstate or foreign commerce, 
knowingly transfers a firearm, knowing or intending that the firearm 
will be used to commit, or possessed in furtherance of, a crime of 
violence or drug trafficking crime (as defined in subsection (c)(2)), 
shall be fined under this title and imprisoned not more than 20 
years.''.
    (c) Amendment of Special Sentencing Provision Relating to 
Limitations on Criminal Association.--Section 3582(d) of title 18, 
United States Code, is amended--
            (1) by inserting ``section 521 (criminal street gang 
        prosecutions), in'' after ``felony set forth in'';
            (2) by striking ``specified person, other than his 
        attorney, upon'' and inserting ``specified person upon''; and
            (3) by inserting ``a criminal street gang or'' before ``an 
        illegal enterprise''.
    (d) Conspiracy Penalty.--Section 371 of title 18, United States 
Code, is amended by striking ``five'' and inserting ``20''.

SEC. 804. INCREASED PENALTIES FOR USE OF INTERSTATE COMMERCE FACILITIES 
              IN THE COMMISSION OF MURDER-FOR-HIRE AND OTHER FELONY 
              CRIMES OF VIOLENCE.

    (a) In General.--Section 1958 of title 18, United States Code, is 
amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 1958. Use of interstate commerce facilities in the commission of 
              murder-for-hire and other felony crimes of violence'';
            (2) in subsection (a), by inserting ``or other crime of 
        violence, punishable by imprisonment for more than one year,'' 
        after ``intent that a murder''; and
            (3) in subsection (a), by striking ``shall be fined'' the 
        first place it appears and all that follows through the end of 
        such subsection and inserting the following:
    `` shall, in addition to being subject to a fine under this title--
            ``(1) if the crime of violence or conspiracy results in the 
        death of any person, be sentenced to death or life in prison;
            ``(2) if the crime of violence is kidnapping, aggravated 
        sexual abuse (as defined in section 521), or maiming, or a 
        conspiracy to commit such a crime of violence, be imprisoned 
        any term of years or for life;
            ``(3) if the crime of violence is an assault, or a 
        conspiracy to assault, that results in serious bodily injury 
        (as defined in section 1365), be imprisoned not more than 30 
        years; and
            ``(4) in any other case, be imprisoned not more than 20 
        years.''.
    (b) Clerical Amendment.--The item relating to section 1958 in the 
table of sections at the beginning of chapter 95 of title 18, United 
States Code, is amended to read as follows:

``1958. Use of interstate commerce facilities in the commission of 
                            murder-for-hire and other felony crimes of 
                            violence.''.

SEC. 805. INCREASED PENALTIES FOR VIOLENT CRIMES IN AID OF RACKETEERING 
              ACTIVITY.

    (a) Offense.--Section 1959(a) of title 18, United States Code, is 
amended to read as follows:
    ``(a) Whoever commits, or conspires, threatens, or attempts to 
commit, a crime of violence, as consideration for the receipt of, or as 
consideration for a promise or agreement to pay, anything of pecuniary 
value from an enterprise engaged in racketeering activity, or for the 
purpose of furthering the activities of an enterprise engaged in 
racketeering activity, or for the purpose of gaining entrance to or 
maintaining or increasing position in, such an enterprise, shall, 
unless the death penalty is otherwise imposed, in addition and 
consecutive to the punishment provided for any other violation of this 
chapter and in addition to being subject to a fine under this title--
            ``(1) if the crime of violence results in the death of any 
        person, be sentenced to death or life in prison;
            ``(2) if the crime of violence is kidnapping, aggravated 
        sexual abuse (as defined in section 521), or maiming, be 
        imprisoned for any term of years or for life;
            ``(3) if the crime of violence is assault resulting in 
        serious bodily injury (as defined in section 1365), be 
        imprisoned not more than 30 years; and
            ``(4) in any other case, be imprisoned not more than 20 
        years.''.
    (b) Venue.--Section 1959 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(c) A prosecution for a violation of this section may be brought 
in--
            ``(1) the judicial district in which the crime of violence 
        occurred; or
            ``(2) any judicial district in which racketeering activity 
        of the enterprise occurred.''.

SEC. 806. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN 
              RELATION TO A DRUG TRAFFICKING CRIME.

    (a) In General.--Part D of the Controlled Substances Act (21 U.S.C. 
841 et seq.) is amended by adding at the end the following:

``murder and other violent crimes committed during and in relation to a 
                         drug trafficking crime

    ``Sec. 424. (a) In General.--Whoever commits, or conspires, or 
attempts to commit, a crime of violence during and in relation to a 
drug trafficking crime, shall, unless the death penalty is otherwise 
imposed, in addition and consecutive to the punishment provided for the 
drug trafficking crime and in addition to being subject to a fine under 
this title--
            ``(1) if the crime of violence results in the death of any 
        person, be sentenced to death or life in prison;
            ``(2) if the crime of violence is kidnapping, aggravated 
        sexual abuse (as defined in section 521), or maiming, be 
        imprisoned for life or any term of years not less than 30;
            ``(3) if the crime of violence is assault resulting in 
        serious bodily injury (as defined in section 1365), be 
        imprisoned for life or any term of years not less than 20; and
            ``(4) in any other case, be imprisoned for life or for any 
        term of years not less than 10.
    ``(b) Venue.--A prosecution for a violation of this section may be 
brought in--
            ``(1) the judicial district in which the murder or other 
        crime of violence occurred; or
            ``(2) any judicial district in which the drug trafficking 
        crime may be prosecuted.
    ``(c) Definitions.--As used in this section--
            ``(1) the term `crime of violence' has the meaning given 
        that term in section 16 of title 18, United States Code; and
            ``(2) the term `drug trafficking crime' has the meaning 
        given that term in section 924(c)(2) of title 18, United States 
        Code.''.
    (b) Clerical Amendment.--The table of contents for the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended 
by inserting after the item relating to section 423 the following:

``424. Murder and other violent crimes committed during and in relation 
                            to a drug trafficking crime''.

SEC. 807. MULTIPLE INTERSTATE MURDER.

    (a) Offense.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1123. Use of interstate commerce facilities in the commission of 
              multiple murder
    ``(a) In General.--Whoever travels in or causes another (including 
the intended victim) to travel in interstate or foreign commerce, or 
uses or causes another (including the intended victim) to use the mail 
or any facility of interstate or foreign commerce, or who conspires or 
attempts to do so, with intent that 2 or more intentional homicides be 
committed in violation of the laws of any State or the United States 
shall, in addition to being subject to a fine under this title--
            ``(1) if the offense results in the death of any person, be 
        sentenced to death or life in prison;
            ``(2) if the offense results in serious bodily injury (as 
        defined in section 1365), be imprisoned for any term of years, 
        or for life; and
            ``(3) in any other case, be imprisoned not more than 20 
        years.
    ``(b) Definition.--The term `State' means each of the several 
States of the United States, the District of Columbia, and any 
commonwealth, territory, or possession of the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 51 of title 18, United States Code, is amended by adding at the 
end the following:

``1123. Use of interstate commerce facilities in the commission of 
                            multiple murder.''.

SEC. 808. ADDITIONAL RACKETEERING ACTIVITY.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) in subparagraph (A), by inserting ``, or would have 
        been so chargeable if the act or threat had not been committed 
        in Indian country (as defined in section 1151) or in any other 
        area of exclusive Federal jurisdiction,'' after ``chargeable 
        under State law''; and
            (2) in subparagraph (B), by inserting ``section 1123 
        (relating to interstate murder),'' after ``section 1084 
        (relating to the transmission of gambling information),''.

SEC. 809. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF 
              PERSONS CHARGED WITH FIREARMS OFFENSES.

    Section 3142 of title 18, United States Code, is amended--
            (1) in subsection (e), in the matter following paragraph 
        (3), by inserting ``an offense under subsection (g)(1) (where 
        the underlying conviction is a serious drug offense (as defined 
        in section 924(e)(2)(A)) or a crime of violence), (g)(2), 
        (g)(4), (g)(5), (g)(8), or (g)(9) of section 922,'' after 
        ``that the person committed'';
            (2) in subsection (f)(1)--
                    (A) by striking ``or'' at the end of subparagraph 
                (C); and
                    (B) by adding at the end the following:
                    ``(E) an offense under section 922(g); or''.
            (3) in subsection (g), by amending paragraph (1) to read as 
        follows:
            ``(1) the nature and circumstances of the offense charged, 
        including whether the offense is a crime of violence, or 
        involves a controlled substance, firearm, explosive, or 
        destructive devise;''.

SEC. 810. VENUE IN CAPITAL CASES.

    Section 3235 of title 18, United States Code, is amended to read as 
follows:
``Sec. 3235. Venue in capital cases
    ``(a) The trial for any offense punishable by death shall be held 
in the district where the offense was committed or in any district in 
which the offense began, continued, or was completed.
    ``(b) If the offense, or related conduct, under subsection (a) 
involves activities which affect interstate or foreign commerce, or the 
importation of an object or person into the United States, such offense 
may be prosecuted in any district in which those activities 
occurred.''.

SEC. 811. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3298. Violent crime offenses
    ``No person shall be prosecuted, tried, or punished for any 
noncapital felony, crime of violence, including any racketeering 
activity or gang crime which involves any crime of violence, unless the 
indictment is found or the information is instituted not later than 15 
years after the date on which the alleged violation occurred or the 
continuing offense was completed.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 213 of title 18, United States Code, is amended by adding at 
the end the following:

``3298. Violent crime offenses.''.

SEC. 812. CLARIFICATION TO HEARSAY EXCEPTION FOR FORFEITURE BY 
              WRONGDOING.

    Rule 804(b)(6) of the Federal Rules of Evidence is amended to read 
as follows:
            ``(6) Forfeiture by wrongdoing.--A statement offered 
        against a party who has engaged or acquiesced in wrongdoing, or 
        who could reasonably foresee such wrongdoing would take place, 
        if the wrongdoing was intended to, and did, procure the 
        unavailability of the declarant as a witness.''.

SEC. 813. TRANSFER OF JUVENILES.

    The 4th undesignated paragraph of section 5032 of title 18, United 
States Code, is amended--
            (1) by striking ``A juvenile'' where it appears at the 
        beginning of the paragraph and inserting ``Except as otherwise 
        provided in this chapter, a juvenile'';
            (2) by striking ``as an adult, except that, with'' and 
        inserting ``as an adult. With''; and
            (3) by striking ``However, a juvenile'' and all that 
        follows through ``criminal prosecution.'' at the end of the 
        paragraph and inserting ``The Attorney General may prosecute as 
        an adult a juvenile who is alleged to have committed an act 
        after that juvenile's 16th birthday which if committed by an 
        adult would be a crime of violence that is a felony, an offense 
        described in subsection (d), (I), (j), (k), (o), (p), (q), (u), 
        or (x) of section 922 (relating to unlawful acts), or 
        subsection (b), (c), (g), (h), (k), (l), (m), or (n) of section 
        924 (relating to penalties), section 930 (relating to 
        possession of firearms and dangerous weapons in Federal 
        facilities), or section 931 (relating to purchase, ownership, 
        or possession of body armor by violent felons). The decision 
        whether or not to prosecute a juvenile as an adult under the 
        immediately preceding sentence is not subject to judicial 
        review in any court. In a prosecution under that sentence, the 
        juvenile may be prosecuted and convicted as an adult for any 
        other offense which is properly joined under the Federal Rules 
        of Criminal Procedure, and may also be convicted as an adult of 
        any lesser included offense.''.

SEC. 814. CRIMES OF VIOLENCE AND DRUG CRIMES COMMITTED BY ILLEGAL 
              ALIENS.

    (a) Offenses.--Title 18, United States Code, is amended by 
inserting after chapter 51 the following new chapter:

                      ``CHAPTER 52--ILLEGAL ALIENS

``Sec.
``1131. Enhanced penalties for certain crimes committed by illegal 
                            aliens.
``Sec. 1131. Enhanced penalties for certain crimes committed by illegal 
              aliens
    ``Whoever, being an alien who is unlawfully present in the United 
States, commits, conspires or attempts to commit, a crime of violence 
(as defined in section 16) or a drug trafficking offense (as defined in 
section 924), shall be fined under this title and sentenced to not less 
than 5 years in prison. If the defendant was previously ordered removed 
under the Immigration and Nationality Act on the grounds of having 
committed a crime, the defendant shall be sentenced to not less than 15 
years in prison. A sentence of imprisonment imposed under this section 
shall run consecutively to any other sentence of imprisonment imposed 
for any other crime.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by inserting after 
the item relating to chapter 51 the following new item:

``52. Illegal aliens........................................    1131''.

SEC. 815. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME 
              INFORMATION CENTER DATABASE.

    (a) Provision of Information to the NCIC.--Not later than 180 days 
after the date of enactment of this Act, the Under Secretary for Border 
and Transportation Security of the Department of Homeland Security 
shall provide the National Crime Information Center of the Department 
of Justice with such information as the Director may have on any and 
all aliens against whom a final order of removal has been issued, and 
any and all aliens who have signed a voluntary departure agreement. 
Such information shall be provided to the National Crime Information 
Center regardless of whether or not the alien received notice of a 
final order of removal and even if the alien has already been removed.
    (b) Inclusion of Information in the NCIC Database.--Section 534(a) 
of title 28, United States Code, is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following:
            ``(4) acquire, collect, classify, and preserve records of 
        violations of the immigration laws of the United States, 
        regardless of whether or not the alien has received notice of 
        the violation and even if the alien has already been removed; 
        and''.

SEC. 816. STUDY.

    The Attorney General and the Secretary of Homeland Security shall 
jointly conduct a study on the connection between illegal immigration 
and gang membership and activity, including how many of those arrested 
nationwide for gang membership and violence are aliens illegally 
present in the United States. The Attorney General and the Secretary 
shall report the results of that study to Congress not later than one 
year after the date of the enactment of this Act.

  TITLE IX--INCREASED FEDERAL RESOURCES TO PREVENT AT-RISK YOUTH FROM 
                      JOINING ILLEGAL STREET GANGS

SEC. 901. GRANTS TO STATE AND LOCAL PROSECUTORS TO COMBAT VIOLENT CRIME 
              AND TO PROTECT WITNESSES AND VICTIMS OF CRIMES.

    (a) In General.--Section 31702 of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13862), as amended by section 724 of 
this Act, is further amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(6) to hire additional prosecutors to--
                    ``(A) allow more cases to be prosecuted; and
                    ``(B) reduce backlogs;
            ``(7) to fund technology, equipment, and training for 
        prosecutors and law enforcement in order to increase accurate 
        identification of gang members and violent offenders, and to 
        maintain databases with such information to facilitate 
        coordination among law enforcement and prosecutors; and
            ``(8) to fund technology, equipment, and training for 
        prosecutors to increase the accurate identification and 
        successful prosecution of young violent offenders.''.
    (b) Authorization of Appropriations.--Section 31707 of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13867) is 
amended to read as follows:

``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $20,000,000 for each of 
the fiscal years 2006 through 2010 to carry out this subtitle.''.

SEC. 902. REAUTHORIZE THE GANG RESISTANCE EDUCATION AND TRAINING 
              PROJECTS PROGRAM.

    Section 32401(b) of the Violent Crime Control Act of 1994 (42 
U.S.C. 13921(b)) is amended by striking paragraphs (1) through (6) and 
inserting the following:
            ``(1) $20,000,000 for fiscal year 2006;
            ``(2) $20,000,000 for fiscal year 2007;
            ``(3) $20,000,000 for fiscal year 2008;
            ``(4) $20,000,000 for fiscal year 2009; and
            ``(5) $20,000,000 for fiscal year 2010.''.

SEC. 903. STATE AND LOCAL REENTRY COURTS.

    (a) In General.--Part FF of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3797w et seq.) is amended by 
inserting at the end the following:

``SEC. 2979. STATE AND LOCAL REENTRY COURTS.

    ``(a) Grants Authorized.--The Attorney General shall award grants 
of not more than $500,000 to--
            ``(1) State and local courts; or
            ``(2) State agencies, municipalities, public agencies, 
        nonprofit organizations, and tribes that have agreements with 
        courts to take the lead in establishing a re-entry court.
    ``(b) Use of Funds.--Grant funds awarded under this section shall 
be administered in accordance with the guidelines, regulations, and 
procedures promulgated by the Attorney General, and may be used to--
            ``(1) monitor offenders returning to the community;
            ``(2) provide returning offenders with--
                    ``(A) drug and alcohol testing and treatment; and
                    ``(B) mental and medical health assessment and 
                services;
            ``(3) convene community impact panels, victim impact 
        panels, or victim impact educational classes;
            ``(4) provide and coordinate the delivery of other 
        community services to offenders, including--
                    ``(A) housing assistance;
                    ``(B) education;
                    ``(C) employment training;
                    ``(D) conflict resolution skills training;
                    ``(E) batterer intervention programs; and
                    ``(F) other appropriate social services; and
            ``(5) establish and implement graduated sanctions and 
        incentives.
    ``(c) Application.--Each eligible entity desiring a grant under 
this section shall, in addition to any other requirements required by 
the Attorney General, submit an application to the Attorney General 
that--
            ``(1) describes a long-term strategy and detailed 
        implementation plan, including how the entity plans to pay for 
        the program after the Federal funding ends;
            ``(2) identifies the governmental and community agencies 
        that will be coordinated by this project;
            ``(3) certifies that--
                    ``(A) there has been appropriate consultation with 
                all affected agencies, including existing community 
                corrections and parole entities; and
                    ``(B) there will be appropriate coordination with 
                all affected agencies in the implementation of the 
                program; and
            ``(4) describes the methodology and outcome measures that 
        will be used in evaluation of the program.
    ``(d) Matching Requirement.--The Federal share of a grant received 
under this section may not exceed 75 percent of the costs of the 
project funded under this section unless the Attorney General--
            ``(1) waives, wholly or in part, this matching requirement; 
        and
            ``(2) publicly delineates the rationale for the waiver.
    ``(e) Annual Report.--Each grantee under this section shall submit 
to the Attorney General, for each fiscal year in which funds from a 
grant received under this part is expended, a report, at such time and 
in such manner as the Attorney General may reasonably require, that 
contains--
            ``(1) a summary of the activities carried out under the 
        grant;
            ``(2) an assessment of whether the activities summarized 
        under paragraph (1) are meeting the needs identified in the 
        application submitted under subsection (c); and
            ``(3) such other information as the Attorney General may 
        require.
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        $10,000,000 for each of the fiscal years 2006 through 2009 to 
        carry out this section.
            ``(2) Limitations.--Of the amount made available to carry 
        out this section in any fiscal year--
                    ``(A) not more than 2 percent may be used by the 
                Attorney General for salaries and administrative 
                expenses; and
                    ``(B) not more than 5 percent nor less than 2 
                percent may be used for technical assistance and 
                training.''.

                       TITLE X--CRIME PREVENTION

SEC. 1001. CRIME PREVENTION CAMPAIGN GRANT.

    Subpart 2 of part E of title I of the Onmibus Crime Control and 
Safe Street Act of 1968 is amended by adding at the end the following 
new chapter:

                ``CHAPTER D--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 2006, $6,000,000;
            ``(2) for fiscal year 2007, $7,000,000;
            ``(3) for fiscal year 2008, $8,000,000;
            ``(4) for fiscal year 2009, $9,000,000; and
            ``(5) for fiscal year 2010, $10,000,000.''.

SEC. 1002. 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 six 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 outlining what 
measures are needed to improve the performance of Federal, State, and 
local criminal investigators of homicide. The report shall include an 
examination of--
            (1) the benefits of increasing training and resources for 
        such investigators, with respect to investigative techniques, 
        best practices, and forensic services;
            (2) the existence of any uniformity among State and local 
        jurisdictions in the measurement of homicide rates and 
        clearance of homicide cases;
            (3) the coordination in the sharing of information among 
        Federal, State, and local law enforcement and coroners and 
        medical examiners; and
            (4) 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 six 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 to evaluate measures to improve the ability of Federal, State, 
and local criminal investigators of homicide to solve homicides 
involving missing persons and unidentified human remains. The report 
shall include an examination of--
            (1) measures to expand national criminal records databases 
        with accurate information relating to missing persons and 
        unidentified human remains;
            (2) the collection of DNA samples from potential ``high-
        risk'' missing persons;
            (3) the benefits of increasing access to national criminal 
        records databases for medical examiners and coroners;
            (4) any improvement in the performance of postmortem 
        examinations, autopsies, and reporting procedures of 
        unidentified persons or remains;
            (5) any coordination between the National Center for 
        Missing Children and the National Center for Missing Adults;
            (6) 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
            (7) any improvement with respect to--
                    (A) the collection of DNA information for missing 
                persons and unidentified human remains; and
                    (B) entering such information into the Combined DNA 
                Index System of the Federal Bureau of Investigation and 
                national criminal records databases.

        TITLE XI--NATIONAL CHILD ABUSE AND NEGLECT REGISTRY ACT

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``National Child Abuse and Neglect 
Registry Act''.

SEC. 1102. 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 title 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 title 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 title shall be coextensive with that in such 
                register.
            (2) Form.--Information provided to the Secretary of Health 
        and Human Services under this title--
                    (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 title 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)).

            Passed the House of Representatives March 8, 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
                                                       Calendar No. 379

109th CONGRESS

  2d Session

                               H. R. 4472

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             March 27, 2006

            Read the second time and placed on the calendar