Congressional Record, Volume 152 Issue 99 (Tuesday, July 25, 2006)

[Congressional Record Volume 152, Number 99 (Tuesday, July 25, 2006)]
[House]
[Pages H5705-H5731]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006

Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and
concur in the Senate amendments to the bill (H.R. 4472) 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.
The Clerk read as follows:

Senate amendments:
Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Adam Walsh
Child Protection and Safety Act of 2006''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. In recognition of John and Reve Walsh on the occasion of the
25th anniversary of Adam Walsh's abduction and murder.

TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT

Sec. 101. Short title.
Sec. 102. Declaration of purpose.
Sec. 103. Establishment of program.

Subtitle A--Sex Offender Registration and Notification

Sec. 111. Relevant definitions, including Amie Zyla expansion of sex
offender definition and expanded inclusion of child
predators.
Sec. 112. Registry requirements for jurisdictions.
Sec. 113. Registry requirements for sex offenders.
Sec. 114. Information required in registration.
Sec. 115. Duration of registration requirement.
Sec. 116. Periodic in person verification.
Sec. 117. Duty to notify sex offenders of registration requirements and
to register.
Sec. 118. Public access to sex offender information through the
Internet.
Sec. 119. National Sex Offender Registry.
Sec. 120. Dru Sjodin National Sex Offender Public Website.
Sec. 121. Megan Nicole Kanka and Alexandra Nicole Zapp Community
Notification Program.
Sec. 122. Actions to be taken when sex offender fails to comply.
Sec. 123. Development and availability of registry management and
website software.
Sec. 124. Period for implementation by jurisdictions.
Sec. 125. Failure of jurisdiction to comply.
Sec. 126. Sex Offender Management Assistance (SOMA) Program.
Sec. 127. Election by Indian tribes.
Sec. 128. Registration of sex offenders entering the United States.
Sec. 129. Repeal of predecessor sex offender program.
Sec. 130. Limitation on liability for the National Center for Missing
and Exploited Children.
Sec. 131. Immunity for good faith conduct.

Subtitle B--Improving Federal Criminal Law Enforcement To Ensure Sex
Offender Compliance With Registration and Notification Requirements and
Protection of Children From Violent Predators

Sec. 141. Amendments to title 18, United States Code, relating to sex
offender registration.
Sec. 142. Federal assistance with respect to violations of registration
requirements.
Sec. 143. Project Safe Childhood.
Sec. 144. Federal assistance in identification and location of sex
offenders relocated as a result of a major disaster.
Sec. 145. Expansion of training and technology efforts.
Sec. 146. Office of Sex Offender Sentencing, Monitoring, Apprehending,
Registering, and Tracking.

Subtitle C--Access to Information and Resources Needed To Ensure That
Children Are Not Attacked or Abused

Sec. 151. Access to national crime information databases.
Sec. 152. Requirement to complete background checks before approval of
any foster or adoptive placement and to check national
crime information databases and State child abuse
registries; suspension and subsequent elimination of Opt-
Out.
Sec. 153. Schools Safe Act.
Sec. 154. Missing child reporting requirements.
Sec. 155. DNA fingerprinting.

TITLE II--FEDERAL CRIMINAL LAW ENHANCEMENTS NEEDED TO PROTECT CHILDREN
FROM SEXUAL ATTACKS AND OTHER VIOLENT CRIMES

Sec. 201. Prohibition on Internet sales of date rape drugs.
Sec. 202. Jetseta Gage assured punishment for violent crimes against
children.
Sec. 203. Penalties for coercion and enticement by sex offenders.
Sec. 204. Penalties for conduct relating to child prostitution.
Sec. 205. Penalties for sexual abuse.
Sec. 206. Increased penalties for sexual offenses against children.
Sec. 207. Sexual abuse of wards.
Sec. 208. Mandatory penalties for sex-trafficking of children.

[[Page H5706]]

Sec. 209. Child abuse reporting.
Sec. 210. Sex offender submission to search as condition of release.
Sec. 211. No limitation for prosecution of felony sex offenses.
Sec. 212. Victims' rights associated with habeas corpus proceedings.
Sec. 213. Kidnapping jurisdiction.
Sec. 214. Marital communication and adverse spousal privilege.
Sec. 215. Abuse and neglect of Indian children.
Sec. 216. Improvements to the Bail Reform Act to address sex crimes and
other matters.

TITLE III--CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS

Sec. 301. Jimmy Ryce State civil commitment programs for sexually
dangerous persons.
Sec. 302. Jimmy Ryce civil commitment program.

TITLE IV--IMMIGRATION LAW REFORMS TO PREVENT SEX OFFENDERS FROM ABUSING
CHILDREN

Sec. 401. Failure to register a deportable offense.
Sec. 402. Barring convicted sex offenders from having family-based
petitions approved.

TITLE V--CHILD PORNOGRAPHY PREVENTION

Sec. 501. Findings.
Sec. 502. Other record keeping requirements.
Sec. 503. Record keeping requirements for simulated sexual conduct.
Sec. 504. Prevention of distribution of child pornography used as
evidence in prosecutions.
Sec. 505. Authorizing civil and criminal asset forfeiture in child
exploitation and obscenity cases.
Sec. 506. Prohibiting the production of obscenity as well as
transportation, distribution, and sale.
Sec. 507. Guardians ad litem.

TITLE VI--GRANTS, STUDIES, AND PROGRAMS FOR CHILDREN AND COMMUNITY
SAFETY

Subtitle A--Mentoring Matches for Youth Act

Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Grant program for expanding Big Brothers Big Sisters
mentoring program.
Sec. 604. Biannual report.
Sec. 605. Authorization of appropriations.

Subtitle B--National Police Athletic League Youth Enrichment Act

Sec. 611. Short title.
Sec. 612. Findings.
Sec. 613. Purpose.
Sec. 614. Grants authorized.
Sec. 615. Use of funds.
Sec. 616. Authorization of appropriations.
Sec. 617. Name of League.

Subtitle C--Grants, Studies, and Other Provisions

Sec. 621. Pilot program for monitoring sexual offenders.
Sec. 622. Treatment and management of sex offenders in the Bureau of
Prisons.
Sec. 623. Sex offender apprehension grants; juvenile sex offender
treatment grants.
Sec. 624. Assistance for prosecution of cases cleared through use of
DNA backlog clearance funds.
Sec. 625. Grants to combat sexual abuse of children.
Sec. 626. Crime prevention campaign grant.
Sec. 627. Grants for fingerprinting programs for children.
Sec. 628. Grants for Rape, Abuse & Incest National Network.
Sec. 629. Children's safety online awareness campaigns.
Sec. 630. Grants for online child safety programs.
Sec. 631. Jessica Lunsford Address Verification Grant Program.
Sec. 632. Fugitive safe surrender.
Sec. 633. National registry of substantiated cases of child abuse.
Sec. 634. Comprehensive examination of sex offender issues.
Sec. 635. Annual report on enforcement of registration requirements.
Sec. 636. Government Accountability Office studies on feasibility of
using driver's license registration processes as
additional registration requirements for sex offenders.
Sec. 637. Sex offender risk classification study.
Sec. 638. Study of the effectiveness of restricting the activities of
sex offenders to reduce the occurrence of repeat
offenses.
Sec. 639. The justice for Crime Victims Family Act.

TITLE VII--INTERNET SAFETY ACT

Sec. 701. Child exploitation enterprises.
Sec. 702. Increased penalties for registered sex offenders.
Sec. 703. Deception by embedded words or images.
Sec. 704. Additional prosecutors for offenses relating to the sexual
exploitation of children.
Sec. 705. Additional computer-related resources.
Sec. 706. Additional ICAC Task Forces.
Sec. 707. Masha's Law.

SEC. 2. IN RECOGNITION OF JOHN AND REVE WALSH ON THE OCCASION
OF THE 25TH ANNIVERSARY OF ADAM WALSH'S
ABDUCTION AND MURDER.

(a) Adam Walsh's Abduction and Murder.--On July 27, 1981,
in Hollywood, Florida, 6-year-old Adam Walsh was abducted at
a mall. Two weeks later, some of Adam's remains were
discovered in a canal more than 100 miles from his home.
(b) John and reve Walsh's Commitment to the Safety of
Children.--Since the abduction and murder of their son Adam,
both John and Reve Walsh have dedicated themselves to
protecting children from child predators, preventing attacks
on our children, and bringing child predators to justice.
Their commitment has saved the lives of numerous children.
Congress, and the American people, honor John and Reve Walsh
for their dedication to the well-being and safety of
America's children.

TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT

SEC. 101. SHORT TITLE.

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

SEC. 102. DECLARATION OF PURPOSE.

In order to protect the public from sex offenders and
offenders against children, and in response to the vicious
attacks by violent predators against the victims listed
below, Congress in this Act establishes a comprehensive
national system for the registration of those offenders:
(1) Jacob Wetterling, who was 11 years old, was abducted in
1989 in Minnesota, and remains missing.
(2) Megan Nicole Kanka, who was 7 years old, was abducted,
sexually assaulted, and murdered in 1994, in New Jersey.
(3) Pam Lychner, who was 31 years old, was attacked by a
career offender in Houston, Texas.
(4) Jetseta Gage, who was 10 years old, was kidnapped,
sexually assaulted, and murdered in 2005, in Cedar Rapids,
Iowa.
(5) Dru Sjodin, who was 22 years old, was sexually
assaulted and murdered in 2003, in North Dakota.
(6) Jessica Lunsford, who was 9 years old, was abducted,
sexually assaulted, buried alive, and murdered in 2005, in
Homosassa, Florida.
(7) Sarah Lunde, who was 13 years old, was strangled and
murdered in 2005, in Ruskin, Florida.
(8) Amie Zyla, who was 8 years old, was sexually assaulted
in 1996 by a juvenile offender in Waukesha, Wisconsin, and
has become an advocate for child victims and protection of
children from juvenile sex offenders.
(9) Christy Ann Fornoff, who was 13 years old, was
abducted, sexually assaulted, and murdered in 1984, in Tempe,
Arizona.
(10) Alexandra Nicole Zapp, who was 30 years old, was
brutally attacked and murdered in a public restroom by a
repeat sex offender in 2002, in Bridgewater, Massachusetts.
(11) Polly Klaas, who was 12 years old, was abducted,
sexually assaulted, and murdered in 1993 by a career offender
in California.
(12) Jimmy Ryce, who was 9 years old, was kidnapped and
murdered in Florida on September 11, 1995.
(13) Carlie Brucia, who was 11 years old, was abducted and
murdered in Florida in February, 2004.
(14) Amanda Brown, who was 7 years old, was abducted and
murdered in Florida in 1998.
(15) Elizabeth Smart, who was 14 years old, was abducted in
Salt Lake City, Utah in June 2002.
(16) Molly Bish, who was 16 years old, was abducted in 2000
while working as a lifeguard in Warren, Massachusetts, where
her remains were found 3 years later.
(17) Samantha Runnion, who was 5 years old, was abducted,
sexually assaulted, and murdered in California on July 15,
2002.

SEC. 103. ESTABLISHMENT OF PROGRAM.

This Act establishes the Jacob Wetterling, Megan Nicole
Kanka, and Pam Lychner Sex Offender Registration and
Notification Program.

Subtitle A--Sex Offender Registration and Notification

SEC. 111. RELEVANT DEFINITIONS, INCLUDING AMIE ZYLA EXPANSION
OF SEX OFFENDER DEFINITION AND EXPANDED
INCLUSION OF CHILD PREDATORS.

In this title the following definitions apply:
(1) Sex offender.--The term ``sex offender'' means an
individual who was convicted of a sex offense.
(2) Tier i sex offender.--The term ``tier I sex offender''
means a sex offender other than a tier II or tier III sex
offender.
(3) Tier ii sex offender.--The term ``tier II sex
offender'' means a sex offender other than a tier III sex
offender whose offense is punishable by imprisonment for more
than 1 year and--
(A) is comparable to or more severe than the following
offenses, when committed against a minor, or an attempt or
conspiracy to commit such an offense against a minor:
(i) sex trafficking (as described in section 1591 of title
18, United States Code);
(ii) coercion and enticement (as described in section
2422(b) of title 18, United States Code);
(iii) transportation with intent to engage in criminal
sexual activity (as described in section 2423(a)) of title
18, United States Code;
(iv) abusive sexual contact (as described in section 2244
of title 18, United States Code);
(B) involves--
(i) use of a minor in a sexual performance;
(ii) solicitation of a minor to practice prostitution; or
(iii) production or distribution of child pornography; or
(C) occurs after the offender becomes a tier I sex
offender.
(4) Tier iii sex offender.--The term ``tier III sex
offender'' means a sex offender whose offense is punishable
by imprisonment for more than 1 year and--
(A) is comparable to or more severe than the following
offenses, or an attempt or conspiracy to commit such an
offense:
(i) aggravated sexual abuse or sexual abuse (as described
in sections 2241 and 2242 of title 18, United States Code);
or

[[Page H5707]]

(ii) abusive sexual contact (as described in section 2244
of title 18, United States Code) against a minor who has not
attained the age of 13 years;
(B) involves kidnapping of a minor (unless committed by a
parent or guardian); or
(C) occurs after the offender becomes a tier II sex
offender.
(5) Amie zyla expansion of sex offense definition.--
(A) Generally.--Except as limited by subparagraph (B) or
(C), the term ``sex offense'' means--
(i) a criminal offense that has an element involving a
sexual act or sexual contact with another;
(ii) a criminal offense that is a specified offense against
a minor;
(iii) a Federal offense (including an offense prosecuted
under section 1152 or 1153 of title 18, United States Code)
under section 1591, or chapter 109A, 110 (other than section
2257, 2257A, or 2258), or 117, of title 18, United States
Code;
(iv) a military offense specified by the Secretary of
Defense under section 115(a)(8)(C)(i) of Public Law 105-119
(10 U.S.C. 951 note); or
(v) an attempt or conspiracy to commit an offense described
in clauses (i) through (iv).
(B) Foreign convictions.--A foreign conviction is not a sex
offense for the purposes of this title if it was not obtained
with sufficient safeguards for fundamental fairness and due
process for the accused under guidelines or regulations
established under section 112.
(C) Offenses involving consensual sexual conduct.--An
offense involving consensual sexual conduct is not a sex
offense for the purposes of this title if the victim was an
adult, unless the adult was under the custodial authority of
the offender at the time of the offense, or if the victim was
at least 13 years old and the offender was not more than 4
years older than the victim.
(6) Criminal offense.--The term ``criminal offense'' means
a State, local, tribal, foreign, or military offense (to the
extent specified by the Secretary of Defense under section
115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note))
or other criminal offense.
(7) Expansion of definition of ``specified offense against
a minor'' to include all offenses by child predators.--The
term ``specified offense against a minor'' means an offense
against a minor that involves any of the following:
(A) An offense (unless committed by a parent or guardian)
involving kidnapping.
(B) An offense (unless committed by a parent or guardian)
involving false imprisonment.
(C) Solicitation to engage in sexual conduct.
(D) Use in a sexual performance.
(E) Solicitation to practice prostitution.
(F) Video voyeurism as described in section 1801 of title
18, United States Code.
(G) Possession, production, or distribution of child
pornography.
(H) Criminal sexual conduct involving a minor, or the use
of the Internet to facilitate or attempt such conduct.
(I) Any conduct that by its nature is a sex offense against
a minor.
(8) Convicted as including certain juvenile
adjudications.--The term ``convicted'' or a variant thereof,
used with respect to a sex offense, includes adjudicated
delinquent as a juvenile for that offense, but only if the
offender is 14 years of age or older at the time of the
offense and the offense adjudicated was comparable to or more
severe than aggravated sexual abuse (as described in section
2241 of title 18, United States Code), or was an attempt or
conspiracy to commit such an offense.
(9) Sex offender registry.--The term ``sex offender
registry'' means a registry of sex offenders, and a
notification program, maintained by a jurisdiction.
(10) Jurisdiction.--The term ``jurisdiction'' means any of
the following:
(A) A State.
(B) The District of Columbia.
(C) The Commonwealth of Puerto Rico.
(D) Guam.
(E) American Samoa.
(F) The Northern Mariana Islands.
(G) The United States Virgin Islands.
(H) To the extent provided and subject to the requirements
of section 127, a federally recognized Indian tribe.
(11) Student.--The term ``student'' means an individual who
enrolls in or attends an educational institution, including
(whether public or private) a secondary school, trade or
professional school, and institution of higher education.
(12) Employee.--The term ``employee'' includes an
individual who is self-employed or works for any other
entity, whether compensated or not.
(13) Resides.--The term ``resides'' means, with respect to
an individual, the location of the individual's home or other
place where the individual habitually lives.
(14) Minor.--The term ``minor'' means an individual who has
not attained the age of 18 years.

SEC. 112. REGISTRY REQUIREMENTS FOR JURISDICTIONS.

(a) Jurisdiction To Maintain a Registry.--Each jurisdiction
shall maintain a jurisdiction-wide sex offender registry
conforming to the requirements of this title.
(b) Guidelines and Regulations.--The Attorney General shall
issue guidelines and regulations to interpret and implement
this title.

SEC. 113. REGISTRY REQUIREMENTS FOR SEX OFFENDERS.

(a) In General.--A sex offender shall register, and keep
the registration current, in each jurisdiction where the
offender resides, where the offender is an employee, and
where the offender is a student. For initial registration
purposes only, a sex offender shall also register in the
jurisdiction in which convicted if such jurisdiction is
different from the jurisdiction of residence.
(b) Initial Registration.--The sex offender shall initially
register--
(1) before completing a sentence of imprisonment with
respect to the offense giving rise to the registration
requirement; or
(2) not later than 3 business days after being sentenced
for that offense, if the sex offender is not sentenced to a
term of imprisonment.
(c) Keeping the Registration Current.--A sex offender
shall, not later than 3 business days after each change of
name, residence, employment, or student status, appear in
person in at least 1 jurisdiction involved pursuant to
subsection (a) and inform that jurisdiction of all changes in
the information required for that offender in the sex
offender registry. That jurisdiction shall immediately
provide that information to all other jurisdictions in which
the offender is required to register.
(d) Initial Registration of Sex Offenders Unable To Comply
With Subsection (b).--The Attorney General shall have the
authority to specify the applicability of the requirements of
this title to sex offenders convicted before the enactment of
this Act or its implementation in a particular jurisdiction,
and to prescribe rules for the registration of any such sex
offenders and for other categories of sex offenders who are
unable to comply with subsection (b).
(e) State Penalty for Failure To Comply.--Each
jurisdiction, other than a Federally recognized Indian tribe,
shall provide a criminal penalty that includes a maximum term
of imprisonment that is greater than 1 year for the failure
of a sex offender to comply with the requirements of this
title.

SEC. 114. INFORMATION REQUIRED IN REGISTRATION.

(a) Provided by the Offender.--The sex offender shall
provide the following information to the appropriate official
for inclusion in the sex offender registry:
(1) The name of the sex offender (including any alias used
by the individual).
(2) The Social Security number of the sex offender.
(3) The address of each residence at which the sex offender
resides or will reside.
(4) The name and address of any place where the sex
offender is an employee or will be an employee.
(5) The name and address of any place where the sex
offender is a student or will be a student.
(6) The license plate number and a description of any
vehicle owned or operated by the sex offender.
(7) Any other information required by the Attorney General.
(b) Provided by the Jurisdiction.--The jurisdiction in
which the sex offender registers shall ensure that the
following information is included in the registry for that
sex offender:
(1) A physical description of the sex offender.
(2) The text of the provision of law defining the criminal
offense for which the sex offender is registered.
(3) The criminal history of the sex offender, including the
date of all arrests and convictions; the status of parole,
probation, or supervised release; registration status; and
the existence of any outstanding arrest warrants for the sex
offender.
(4) A current photograph of the sex offender.
(5) A set of fingerprints and palm prints of the sex
offender.
(6) A DNA sample of the sex offender.
(7) A photocopy of a valid driver's license or
identification card issued to the sex offender by a
jurisdiction.
(8) Any other information required by the Attorney General.

SEC. 115. DURATION OF REGISTRATION REQUIREMENT.

(a) Full Registration Period.--A sex offender shall keep
the registration current for the full registration period
(excluding any time the sex offender is in custody or civilly
committed) unless the offender is allowed a reduction under
subsection (b). The full registration period is--
(1) 15 years, if the offender is a tier I sex offender;
(2) 25 years, if the offender is a tier II sex offender;
and
(3) the life of the offender, if the offender is a tier III
sex offender.
(b) Reduced Period for Clean Record.--
(1) Clean record.--The full registration period shall be
reduced as described in paragraph (3) for a sex offender who
maintains a clean record for the period described in
paragraph (2) by--
(A) not being convicted of any offense for which
imprisonment for more than 1 year may be imposed;
(B) not being convicted of any sex offense;
(C) successfully completing any periods of supervised
release, probation, and parole; and
(D) successfully completing of an appropriate sex offender
treatment program certified by a jurisdiction or by the
Attorney General.
(2) Period.--In the case of--
(A) a tier I sex offender, the period during which the
clean record shall be maintained is 10 years; and
(B) a tier III sex offender adjudicated delinquent for the
offense which required registration in a sex registry under
this title, the period during which the clean record shall be
maintained is 25 years.
(3) Reduction.--In the case of--
(A) a tier I sex offender, the reduction is 5 years;
(B) a tier III sex offender adjudicated delinquent, the
reduction is from life to that period for which the clean
record under paragraph (2) is maintained.

SEC. 116. PERIODIC IN PERSON VERIFICATION.

A sex offender shall appear in person, allow the
jurisdiction to take a current photograph,

[[Page H5708]]

and verify the information in each registry in which that
offender is required to be registered not less frequently
than--
(1) each year, if the offender is a tier I sex offender;
(2) every 6 months, if the offender is a tier II sex
offender; and
(3) every 3 months, if the offender is a tier III sex
offender.

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

(a) In General.--An appropriate official shall, shortly
before release of the sex offender from custody, or, if the
sex offender is not in custody, immediately after the
sentencing of the sex offender, for the offense giving rise
to the duty to register--
(1) inform the sex offender of the duties of a sex offender
under this title and explain those duties;
(2) require the sex offender to read and sign a form
stating that the duty to register has been explained and that
the sex offender understands the registration requirement;
and
(3) ensure that the sex offender is registered.
(b) Notification of Sex Offenders Who Cannot Comply With
Subsection (a).--The Attorney General shall prescribe rules
for the notification of sex offenders who cannot be
registered in accordance with subsection (a).

SEC. 118. PUBLIC ACCESS TO SEX OFFENDER INFORMATION THROUGH
THE INTERNET.

(a) In General.--Except as provided in this section, each
jurisdiction shall make available on the Internet, in a
manner that is readily accessible to all jurisdictions and to
the public, all information about each sex offender in the
registry. The jurisdiction shall maintain the Internet site
in a manner that will permit the public to obtain relevant
information for each sex offender by a single query for any
given zip code or geographic radius set by the user. The
jurisdiction shall also include in the design of its Internet
site all field search capabilities needed for full
participation in the Dru Sjodin National Sex Offender Public
Website and shall participate in that website as provided by
the Attorney General.
(b) Mandatory Exemptions.--A jurisdiction shall exempt from
disclosure--
(1) the identity of any victim of a sex offense;
(2) the Social Security number of the sex offender;
(3) any reference to arrests of the sex offender that did
not result in conviction; and
(4) any other information exempted from disclosure by the
Attorney General.
(c) Optional Exemptions.--A jurisdiction may exempt from
disclosure--
(1) any information about a tier I sex offender convicted
of an offense other than a specified offense against a minor;
(2) the name of an employer of the sex offender;
(3) the name of an educational institution where the sex
offender is a student; and
(4) any other information exempted from disclosure by the
Attorney General.
(d) Links.--The site shall include, to the extent
practicable, links to sex offender safety and education
resources.
(e) Correction of Errors.--The site shall include
instructions on how to seek correction of information that an
individual contends is erroneous.
(f) Warning.--The site shall include a warning that
information on the site should not be used to unlawfully
injure, harass, or commit a crime against any individual
named in the registry or residing or working at any reported
address. The warning shall note that any such action could
result in civil or criminal penalties.

SEC. 119. NATIONAL SEX OFFENDER REGISTRY.

(a) Internet.--The Attorney General shall maintain a
national database at the Federal Bureau of Investigation for
each sex offender and any other person required to register
in a jurisdiction's sex offender registry. The database shall
be known as the National Sex Offender Registry.
(b) Electronic Forwarding.--The Attorney General shall
ensure (through the National Sex Offender Registry or
otherwise) that updated information about a sex offender is
immediately transmitted by electronic forwarding to all
relevant jurisdictions.

SEC. 120. DRU SJODIN NATIONAL SEX OFFENDER PUBLIC WEBSITE.

(a) Establishment.--There is established the Dru Sjodin
National Sex Offender Public Website (hereinafter in this
section referred to as the ``Website''), which the Attorney
General shall maintain.
(b) Information To Be Provided.--The Website shall include
relevant information for each sex offender and other person
listed on a jurisdiction's Internet site. The Website shall
allow the public to obtain relevant information for each sex
offender by a single query for any given zip code or
geographical radius set by the user in a form and with such
limitations as may be established by the Attorney General and
shall have such other field search capabilities as the
Attorney General may provide.

SEC. 121. MEGAN NICOLE KANKA AND ALEXANDRA NICOLE ZAPP
COMMUNITY NOTIFICATION PROGRAM.

(a) Establishment of Program.--There is established the
Megan Nicole Kanka and Alexandra Nicole Zapp Community
Notification Program (hereinafter in this section referred to
as the ``Program'').
(b) Program Notification.--Except as provided in subsection
(c), immediately after a sex offender registers or updates a
registration, an appropriate official in the jurisdiction
shall provide the information in the registry (other than
information exempted from disclosure by the Attorney General)
about that offender to the following:
(1) The Attorney General, who shall include that
information in the National Sex Offender Registry or other
appropriate databases.
(2) Appropriate law enforcement agencies (including
probation agencies, if appropriate), and each school and
public housing agency, in each area in which the individual
resides, is an employee or is a student.
(3) Each jurisdiction where the sex offender resides, is an
employee, or is a student, and each jurisdiction from or to
which a change of residence, employment, or student status
occurs.
(4) Any agency responsible for conducting employment-
related background checks under section 3 of the National
Child Protection Act of 1993 (42 U.S.C. 5119a).
(5) Social service entities responsible for protecting
minors in the child welfare system.
(6) Volunteer organizations in which contact with minors or
other vulnerable individuals might occur.
(7) Any organization, company, or individual who requests
such notification pursuant to procedures established by the
jurisdiction.
(c) Frequency.--Notwithstanding subsection (b), an
organization or individual described in subsection (b)(6) or
(b)(7) may opt to receive the notification described in that
subsection no less frequently than once every five business
days.

SEC. 122. ACTIONS TO BE TAKEN WHEN SEX OFFENDER FAILS TO
COMPLY.

An appropriate official shall notify the Attorney General
and appropriate law enforcement agencies of any failure by a
sex offender to comply with the requirements of a registry
and revise the jurisdiction's registry to reflect the nature
of that failure. The appropriate official, the Attorney
General, and each such law enforcement agency shall take any
appropriate action to ensure compliance.

SEC. 123. DEVELOPMENT AND AVAILABILITY OF REGISTRY MANAGEMENT
AND WEBSITE SOFTWARE.

(a) Duty To Develop and Support.--The Attorney General
shall, in consultation with the jurisdictions, develop and
support software to enable jurisdictions to establish and
operate uniform sex offender registries and Internet sites.
(b) Criteria.--The software should facilitate--
(1) immediate exchange of information among jurisdictions;
(2) public access over the Internet to appropriate
information, including the number of registered sex offenders
in each jurisdiction on a current basis;
(3) full compliance with the requirements of this title;
and
(4) communication of information to community notification
program participants as required under section 121.
(c) Deadline.--The Attorney General shall make the first
complete edition of this software available to jurisdictions
within 2 years of the date of the enactment of this Act.

SEC. 124. PERIOD FOR IMPLEMENTATION BY JURISDICTIONS.

(a) Deadline.--Each jurisdiction shall implement this title
before the later of--
(1) 3 years after the date of the enactment of this Act;
and
(2) 1 year after the date on which the software described
in section 123 is available.
(b) Extensions.--The Attorney General may authorize up to
two 1-year extensions of the deadline.

SEC. 125. FAILURE OF JURISDICTION TO COMPLY.

(a) In General.--For any fiscal year after the end of the
period for implementation, a jurisdiction that fails, as
determined by the Attorney General, to substantially
implement this title shall not receive 10 percent of the
funds that would otherwise be allocated for that fiscal year
to the jurisdiction under subpart 1 of part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3750 et seq.).
(b) State Constitutionality.--
(1) In general.--When evaluating whether a jurisdiction has
substantially implemented this title, the Attorney General
shall consider whether the jurisdiction is unable to
substantially implement this title because of a demonstrated
inability to implement certain provisions that would place
the jurisdiction in violation of its constitution, as
determined by a ruling of the jurisdiction's highest court.
(2) Efforts.--If the circumstances arise under paragraph
(1), then the Attorney General and the jurisdiction shall
make good faith efforts to accomplish substantial
implementation of this title and to reconcile any conflicts
between this title and the jurisdiction's constitution. In
considering whether compliance with the requirements of this
title would likely violate the jurisdiction's constitution or
an interpretation thereof by the jurisdiction's highest
court, the Attorney General shall consult with the chief
executive and chief legal officer of the jurisdiction
concerning the jurisdiction's interpretation of the
jurisdiction's constitution and rulings thereon by the
jurisdiction's highest court.
(3) Alternative procedures.--If the jurisdiction is unable
to substantially implement this title because of a limitation
imposed by the jurisdiction's constitution, the Attorney
General may determine that the jurisdiction is in compliance
with this Act if the jurisdiction has made, or is in the
process of implementing reasonable alternative procedures or
accommodations, which are consistent with the purposes of
this Act.
(4) Funding reduction.--If a jurisdiction does not comply
with paragraph (3), then the jurisdiction shall be subject to
a funding reduction as specified in subsection (a).
(c) Reallocation.--Amounts not allocated under a program
referred to in this section to a

[[Page H5709]]

jurisdiction for failure to substantially implement this
title shall be reallocated under that program to
jurisdictions that have not failed to substantially implement
this title or may be reallocated to a jurisdiction from which
they were withheld to be used solely for the purpose of
implementing this title.
(d) Rule of Construction.--The provisions of this title
that are cast as directions to jurisdictions or their
officials constitute, in relation to States, only conditions
required to avoid the reduction of Federal funding under this
section.

SEC. 126. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM.

(a) In General.--The Attorney General shall establish and
implement a Sex Offender Management Assistance program (in
this title referred to as the ``SOMA program''), under which
the Attorney General may award a grant to a jurisdiction to
offset the costs of implementing this title.
(b) Application.--The chief executive of a jurisdiction
desiring a grant under this section shall, on an annual
basis, submit to the Attorney General an application in such
form and containing such information as the Attorney General
may require.
(c) Bonus Payments for Prompt Compliance.--A jurisdiction
that, as determined by the Attorney General, has
substantially implemented this title not later than 2 years
after the date of the enactment of this Act is eligible for a
bonus payment. The Attorney General may make such a payment
under the SOMA program for the first fiscal year beginning
after that determination. The amount of the payment shall
be--
(1) 10 percent of the total received by the jurisdiction
under the SOMA program for the preceding fiscal year, if that
implementation is not later than 1 year after the date of
enactment of this Act; and
(2) 5 percent of such total, if not later than 2 years
after that date.
(d) Authorization of Appropriations.--In addition to any
amounts otherwise authorized to be appropriated, there are
authorized to be appropriated such sums as may be necessary
to the Attorney General, to be available only for the SOMA
program, for fiscal years 2007 through 2009.

SEC. 127. ELECTION BY INDIAN TRIBES.

(a) Election.--
(1) In general.--A federally recognized Indian tribe may,
by resolution or other enactment of the tribal council or
comparable governmental body--
(A) elect to carry out this subtitle as a jurisdiction
subject to its provisions; or
(B) elect to delegate its functions under this subtitle to
another jurisdiction or jurisdictions within which the
territory of the tribe is located and to provide access to
its territory and such other cooperation and assistance as
may be needed to enable such other jurisdiction or
jurisdictions to carry out and enforce the requirements of
this subtitle.
(2) Imputed election in certain cases.--A tribe shall be
treated as if it had made the election described in paragraph
(1)(B) if--
(A) it is a tribe subject to the law enforcement
jurisdiction of a State under section 1162 of title 18,
United States Code;
(B) the tribe does not make an election under paragraph (1)
within 1 year of the enactment of this Act or rescinds an
election under paragraph (1)(A); or
(C) the Attorney General determines that the tribe has not
substantially implemented the requirements of this subtitle
and is not likely to become capable of doing so within a
reasonable amount of time.
(b) Cooperation Between Tribal Authorities and Other
Jurisdictions.--
(1) Nonduplication.--A tribe subject to this subtitle is
not required to duplicate functions under this subtitle which
are fully carried out by another jurisdiction or
jurisdictions within which the territory of the tribe is
located.
(2) Cooperative agreements.--A tribe may, through
cooperative agreements with such a jurisdiction or
jurisdictions--
(A) arrange for the tribe to carry out any function of such
a jurisdiction under this subtitle with respect to sex
offenders subject to the tribe's jurisdiction; and
(B) arrange for such a jurisdiction to carry out any
function of the tribe under this subtitle with respect to sex
offenders subject to the tribe's jurisdiction.

SEC. 128. REGISTRATION OF SEX OFFENDERS ENTERING THE UNITED
STATES.

The Attorney General, in consultation with the Secretary of
State and the Secretary of Homeland Security, shall establish
and maintain a system for informing the relevant
jurisdictions about persons entering the United States who
are required to register under this title. The Secretary of
State and the Secretary of Homeland Security shall provide
such information and carry out such functions as the Attorney
General may direct in the operation of the system.

SEC. 129. REPEAL OF PREDECESSOR SEX OFFENDER PROGRAM.

(a) Repeal.--Sections 170101 (42 U.S.C. 14071) and 170102
(42 U.S.C. 14072) of the Violent Crime Control and Law
Enforcement Act of 1994, and section 8 of the Pam Lychner
Sexual Offender Tracking and Identification Act of 1996 (42
U.S.C. 14073), are repealed.
(b) Effective Date.--Notwithstanding any other provision of
this Act, this section shall take effect on the date of the
deadline determined in accordance with section 124(a).

SEC. 130. LIMITATION ON LIABILITY FOR THE NATIONAL CENTER FOR
MISSING AND EXPLOITED CHILDREN.

Section 227 of the Victims of Child Abuse Act of 1990 (42
U.S.C. 13032) is amended by adding at the end the following:
``(g) Limitation on Liability.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the National Center for Missing and Exploited Children,
including any of its directors, officers, employees, or
agents, is not liable in any civil or criminal action arising
from the performance of its CyberTipline responsibilities and
functions, as defined by this section, or from its efforts to
identify child victims.
``(2) Intentional, reckless, or other misconduct.--
Paragraph (1) does not apply in an action in which a party
proves that the National Center for Missing and Exploited
Children, or its officer, employee, or agent as the case may
be, engaged in intentional misconduct or acted, or failed to
act, with actual malice, with reckless disregard to a
substantial risk of causing injury without legal
justification, or for a purpose unrelated to the performance
of responsibilities or functions under this section.
``(3) Ordinary business activities.--Paragraph (1) does not
apply to an act or omission related to an ordinary business
activity, such as an activity involving general
administration or operations, the use of motor vehicles, or
personnel management.''.

SEC. 131. IMMUNITY FOR GOOD FAITH CONDUCT.

The Federal Government, jurisdictions, political
subdivisions of jurisdictions, and their agencies, officers,
employees, and agents shall be immune from liability for good
faith conduct under this title.

Subtitle B--Improving Federal Criminal Law Enforcement To Ensure Sex
Offender Compliance With Registration and Notification Requirements and
Protection of Children From Violent Predators

SEC. 141. AMENDMENTS TO TITLE 18, UNITED STATES CODE,
RELATING TO SEX OFFENDER REGISTRATION.

(a) Criminal Penalties for Nonregistration.--
(1) In general.--Part I of title 18, United States Code, is
amended by inserting after chapter 109A the following:

``CHAPTER 109B--SEX OFFENDER AND CRIMES AGAINST CHILDREN REGISTRY

``Sec.
``2250. Failure to register.

``Sec. 2250. Failure to register

``(a) In General.--Whoever--
``(1) is required to register under the Sex Offender
Registration and Notification Act;
``(2)(A) is a sex offender as defined for the purposes of
the Sex Offender Registration and Notification Act by reason
of a conviction under Federal law (including the Uniform Code
of Military Justice), the law of the District of Columbia,
Indian tribal law, or the law of any territory or possession
of the United States; or
``(B) travels in interstate or foreign commerce, or enters
or leaves, or resides in, Indian country; and
``(3) knowingly fails to register or update a registration
as required by the Sex Offender Registration and Notification
Act;

shall be fined under this title or imprisoned not more than
10 years, or both.
``(b) Affirmative Defense.--In a prosecution for a
violation under subsection (a), it is an affirmative defense
that--
``(1) uncontrollable circumstances prevented the individual
from complying;
``(2) the individual did not contribute to the creation of
such circumstances in reckless disregard of the requirement
to comply; and
``(3) the individual complied as soon as such circumstances
ceased to exist.
``(c) Crime of Violence.--
``(1) In general.--An individual described in subsection
(a) who commits a crime of violence under Federal law
(including the Uniform Code of Military Justice), the law of
the District of Columbia, Indian tribal law, or the law of
any territory or possession of the United States shall be
imprisoned for not less than 5 years and not more than 30
years.
``(2) Additional punishment.--The punishment provided in
paragraph (1) shall be in addition and consecutive to the
punishment provided for the violation described in subsection
(a).''.
(2) Clerical amendment.--The table of chapters for part I
of title 18, United States Code, is amended by inserting
after the item relating to chapter 109A the following:

``109B. Sex offender and crimes against children registry.......2250''.

(b) Directive to the United States Sentencing Commission.--
In promulgating guidelines for use of a sentencing court in
determining the sentence to be imposed for the offense
specified in subsection (a), the United States Sentencing
Commission shall consider the following matters, in addition
to the matters specified in section 994 of title 28, United
States Code:
(1) Whether the person committed another sex offense in
connection with, or during, the period for which the person
failed to register.
(2) Whether the person committed an offense against a minor
in connection with, or during, the period for which the
person failed to register.
(3) Whether the person voluntarily attempted to correct the
failure to register.
(4) The seriousness of the offense which gave rise to the
requirement to register, including whether such offense is a
tier I, tier II, or tier III offense, as those terms are
defined in section 111.
(5) Whether the person has been convicted or adjudicated
delinquent for any offense other than the offense which gave
rise to the requirement to register.
(c) False Statement Offense.--Section 1001(a) of title 18,
United States Code, is amended by adding at the end the
following: ``If the matter relates to an offense under
chapter 109A, 109B, 110, or 117, or section 1591, then the
term of imprisonment imposed under this section shall be not
more than 8 years.''.

[[Page H5710]]

(d) Probation.--Paragraph (8) of section 3563(a) of title
18, United States Code, is amended to read as follows:
``(8) for a person required to register under the Sex
Offender Registration and Notification Act, that the person
comply with the requirements of that Act; and''.
(e) Supervised Release.--Section 3583 of title 18, United
States Code, is amended--
(1) in subsection (d), in the sentence beginning with ``The
court shall order, as an explicit condition of supervised
release for a person described in section 4042(c)(4)'', by
striking ``described in section 4042(c)(4)'' and all that
follows through the end of the sentence and inserting
``required to register under the Sex Offender Registration
and Notification Act, that the person comply with the
requirements of that Act.''.
(2) in subsection (k)--
(A) by striking ``2244(a)(1), 2244(a)(2)'' and inserting
``2243, 2244, 2245, 2250'';
(B) by inserting ``not less than 5,'' after ``any term of
years''; and
(C) by adding at the end the following: ``If a defendant
required to register under the Sex Offender Registration and
Notification Act commits any criminal offense under any of
chapters 109A, 110, or 117, or sections 1201 or 1591, for
which imprisonment for a term longer than 1 year can be
imposed, the court shall revoke the term of supervised
release and require the defendant to serve a term of
imprisonment under subsection (e)(3) without regard to the
exception contained therein. Such term shall be not less than
5 years.''.
(f) Duties of the Bureau of Prisons.--Paragraph (3) of
section 4042(c) of title 18, United States Code, is amended
to read as follows:
``(3) The Director of the Bureau of Prisons shall inform a
person who is released from prison and required to register
under the Sex Offender Registration and Notification Act of
the requirements of that Act as they apply to that person and
the same information shall be provided to a person sentenced
to probation by the probation officer responsible for
supervision of that person.''.
(g) Conforming Amendments To Cross-References.--Section
4042(c) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``(4)'' and inserting
``(3), or any other person in a category specified by the
Attorney General,''; and
(2) in paragraph (2)--
(A) in the first sentence, by striking ``shall be subject
to a registration requirement as a sex offender'' and
inserting ``shall register as required by the Sex Offender
Registration and Notification Act''; and
(B) in the fourth sentence, by striking ``(4)'' and
inserting ``(3)''.
(h) Conforming Repeal of Deadwood.--Paragraph (4) of
section 4042(c) of title 18, United States Code, is repealed.
(i) Military Offenses.--
(1) Section 115(a)(8)(C)(i) of Public Law 105-119 (111
Stat. 2466) is amended by striking ``which encompass'' and
all that follows through ``and (B))'' and inserting ``which
are sex offenses as that term is defined in the Sex Offender
Registration and Notification Act''.
(2) Section 115(a)(8)(C)(iii) of Public Law 105-119 (111
Stat. 2466; 10 U.S.C. 951 note) is amended by striking ``the
amendments made by subparagraphs (A) and (B)'' and inserting
``the Sex Offender Registration and Notification Act''.
(j) Conforming Amendment Relating To Parole.--Section
4209(a) of title 18, United States Code, is amended in the
second sentence by striking ``described'' and all that
follows through the end of the sentence and inserting
``required to register under the Sex Offender Registration
and Notification Act that the person comply with the
requirements of that Act.''.

SEC. 142. FEDERAL ASSISTANCE WITH RESPECT TO VIOLATIONS OF
REGISTRATION REQUIREMENTS.

(a) In General.--The Attorney General shall use the
resources of Federal law enforcement, including the United
States Marshals Service, to assist jurisdictions in locating
and apprehending sex offenders who violate sex offender
registration requirements. For the purposes of section
566(e)(1)(B) of title 28, United States Code, a sex offender
who violates a sex offender registration requirement shall be
deemed a fugitive.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for fiscal
years 2007 through 2009 to implement this section.

SEC. 143. PROJECT SAFE CHILDHOOD.

(a) Establishment of Program.--Not later than 6 months
after the date of enactment of this Act, the Attorney General
shall create and maintain a Project Safe Childhood program in
accordance with this section.
(b) Initial Implementation.--Except as authorized under
subsection (c), funds authorized under this section may only
be used for the following 5 purposes:
(1) Integrated Federal, State, and local efforts to
investigate and prosecute child exploitation cases,
including--
(A) the partnership by each United States Attorney with
each Internet Crimes Against Children Task Force that is a
part of the Internet Crimes Against Children Task Force
Program authorized and funded under title IV of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5771 et seq.) (referred to in this section as the ``ICAC Task
Force Program'') that exists within the district of such
attorney;
(B) the partnership by each United States Attorney with
other Federal, State, and local law enforcement partners
working in the district of such attorney to implement the
program described in subsection (a);
(C) the development by each United States Attorney of a
district-specific strategic plan to coordinate the
investigation and prosecution of child exploitation crimes;
(D) efforts to identify and rescue victims of child
exploitation crimes; and
(E) local training, educational, and awareness programs of
such crimes.
(2) Major case coordination by the Department of Justice
(or other Federal agencies as appropriate), including
specific integration or cooperation, as appropriate, of--
(A) the Child Exploitation and Obscenity Section within the
Department of Justice;
(B) the Innocent Images Unit of the Federal Bureau of
Investigation;
(C) any task forces established in connection with the
Project Safe Childhood program set forth under subsection
(a); and
(D) the High Tech Investigative Unit within the Criminal
Division of the Department of Justice.
(3) Increased Federal involvement in child pornography and
enticement cases by providing additional investigative tools
and increased penalties under Federal law.
(4) Training of Federal, State, and local law enforcement
through programs facilitated by--
(A) the National Center for Missing and Exploited Children;
(B) the ICAC Task Force Program; and
(C) any other ongoing program regarding the investigation
and prosecution of computer-facilitated crimes against
children, including training and coordination regarding leads
from--
(i) Federal law enforcement operations; and
(ii) the CyberTipline and Child Victim-Identification
programs managed and maintained by the National Center for
Missing and Exploited Children.
(5) Community awareness and educational programs through
partnerships to provide national public awareness and
educational programs through--
(A) the National Center for Missing and Exploited Children;
(B) the ICAC Task Force Program; and
(C) any other ongoing programs that--
(i) raises national awareness about the threat of online
sexual predators; or
(ii) provides information to parents and children seeking
to report possible violations of computer-facilitated crimes
against children.
(c) Expansion of Project Safe Childhood.--Notwithstanding
subsection (b), funds authorized under this section may be
also be used for the following purposes:
(1) The addition of not less than 8 Assistant United States
Attorneys at the Department of Justice dedicated to the
prosecution of cases in connection with the Project Safe
Childhood program set forth under subsection (a).
(2) The creation, development, training, and deployment of
not less than 10 new Internet Crimes Against Children task
forces within the ICAC Task Force Program consisting of
Federal, State, and local law enforcement personnel dedicated
to the Project Safe Childhood program set forth under
subsection (a), and the enhancement of the forensic
capacities of existing Internet Crimes Against Children task
forces.
(3) The development and enhancement by the Federal Bureau
of Investigation of the Innocent Images task forces.
(4) Such other additional and related purposes as the
Attorney General determines appropriate.
(d) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated--
(1) for the activities described under subsection (b)--
(A) $18,000,000 for fiscal year 2007; and
(B) such sums as may be necessary for each of the 5
succeeding fiscal years; and
(2) for the activities described under subsection (c)--
(A) for fiscal year 2007--
(i) $15,000,000 for the activities under paragraph (1);
(ii) $10,000,000 for activities under paragraph (2); and
(iii) $4,000,000 for activities under paragraph (3); and
(B) such sums as may be necessary for each of the 5
succeeding fiscal years.

SEC. 144. FEDERAL ASSISTANCE IN IDENTIFICATION AND LOCATION
OF SEX OFFENDERS RELOCATED AS A RESULT OF A
MAJOR DISASTER.

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

SEC. 145. EXPANSION OF TRAINING AND TECHNOLOGY EFFORTS.

(a) Training.--The Attorney General shall--
(1) expand training efforts with Federal, State, and local
law enforcement officers and prosecutors to effectively
respond to the threat to children and the public posed by sex
offenders who use the Internet and technology to solicit or
otherwise exploit children;
(2) facilitate meetings involving corporations that sell
computer hardware and software or provide services to the
general public related to use of the Internet, to identify
problems associated with the use of technology for the
purpose of exploiting children;
(3) host national conferences to train Federal, State, and
local law enforcement officers, probation and parole
officers, and prosecutors regarding pro-active approaches to
monitoring sex offender activity on the Internet;
(4) develop and distribute, for personnel listed in
paragraph (3), information regarding multidisciplinary
approaches to holding offenders accountable to the terms of
their probation, parole, and sex offender registration laws;
and
(5) partner with other agencies to improve the coordination
of joint investigations among agencies to effectively combat
online solicitation of children by sex offenders.
(b) Technology.--The Attorney General shall--
(1) deploy, to all Internet Crimes Against Children Task
Forces and their partner agencies,

[[Page H5711]]

technology modeled after the Canadian Child Exploitation
Tracking System; and
(2) conduct training in the use of that technology.
(c) Report.--Not later than July 1, 2007, the Attorney
General, shall submit to Congress a report on the activities
carried out under this section. The report shall include any
recommendations that the Attorney General considers
appropriate.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Attorney General, for fiscal year
2007--
(1) $1,000,000 to carry out subsection (a); and
(2) $2,000,000 to carry out subsection (b).

SEC. 146. OFFICE OF SEX OFFENDER SENTENCING, MONITORING,
APPREHENDING, REGISTERING, AND TRACKING.

(a) Establishment.--There is established within the
Department of Justice, under the general authority of the
Attorney General, an Office of Sex Offender Sentencing,
Monitoring, Apprehending, Registering, and Tracking
(hereinafter in this section referred to as the ``SMART
Office'').
(b) Director.--The SMART Office shall be headed by a
Director who shall be appointed by the President.
The Director shall report to the Attorney General through
the Assistant Attorney General for the Office of Justice
Programs and shall have final authority for all grants,
cooperative agreements, and contracts awarded by the SMART
Office. The Director shall not engage in any employment
other than that of serving as the Director, nor shall the
Director hold any office in, or act in any capacity for,
any organization, agency, or institution with which the
Office makes any contract or other arrangement.
(c) Duties and Functions.--The SMART Office is authorized
to--
(1) administer the standards for the sex offender
registration and notification program set forth in this Act;
(2) administer grant programs relating to sex offender
registration and notification authorized by this Act and
other grant programs authorized by this Act as directed by
the Attorney General;
(3) cooperate with and provide technical assistance to
States, units of local government, tribal governments, and
other public and private entities involved in activities
related to sex offender registration or notification or to
other measures for the protection of children or other
members of the public from sexual abuse or exploitation; and
(4) perform such other functions as the Attorney General
may delegate.

Subtitle C--Access to Information and Resources Needed To Ensure That
Children Are Not Attacked or Abused

SEC. 151. ACCESS TO NATIONAL CRIME INFORMATION DATABASES.

(a) In General.--Notwithstanding any other provision of
law, the Attorney General shall ensure access to the national
crime information databases (as defined in section 534 of
title 28, United States Code) by--
(1) the National Center for Missing and Exploited Children,
to be used only within the scope of the Center's duties and
responsibilities under Federal law to assist or support law
enforcement agencies in administration of criminal justice
functions; and
(2) governmental social service agencies with child
protection responsibilities, to be used by such agencies only
in investigating or responding to reports of child abuse,
neglect, or exploitation.
(b) Conditions of Access.--The access provided under this
section, and associated rules of dissemination, shall be--
(1) defined by the Attorney General; and
(2) limited to personnel of the Center or such agencies
that have met all requirements set by the Attorney General,
including training, certification, and background screening.

SEC. 152. REQUIREMENT TO COMPLETE BACKGROUND CHECKS BEFORE
APPROVAL OF ANY FOSTER OR ADOPTIVE PLACEMENT
AND TO CHECK NATIONAL CRIME INFORMATION
DATABASES AND STATE CHILD ABUSE REGISTRIES;
SUSPENSION AND SUBSEQUENT ELIMINATION OF OPT-
OUT.

(a) Requirement To Complete Background Checks Before
Approval of Any Foster or Adoptive Placement and To Check
National Crime Information Databases and State Child Abuse
Registries; Suspension of Opt-Out.--
(1) Requirement to check national crime information
databases and state child abuse registries.--Section
471(a)(20) of the Social Security Act (42 U.S.C. 671(a)(20))
is amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (I)--

(I) by inserting ``, including fingerprint-based checks of
national crime information databases (as defined in section
534(e)(3)(A) of title 28, United States Code),'' after
``criminal records checks''; and
(II) by striking ``on whose behalf foster care maintenance
payments or adoption assistance payments are to be made'' and
inserting ``regardless of whether foster care maintenance
payments or adoption assistance payments are to be made on
behalf of the child''; and

(ii) in each of clauses (i) and (ii), by inserting
``involving a child on whose behalf such payments are to be
so made'' after ``in any case''; and
(B) by adding at the end the following:
``(C) provides that the State shall--
``(i) check any child abuse and neglect registry maintained
by the State for information on any prospective foster or
adoptive parent and on any other adult living in the home of
such a prospective parent, and request any other State in
which any such prospective parent or other adult has resided
in the preceding 5 years, to enable the State to check any
child abuse and neglect registry maintained by such other
State for such information, before the prospective foster or
adoptive parent may be finally approved for placement of a
child, regardless of whether foster care maintenance payments
or adoption assistance payments are to be made on behalf of
the child under the State plan under this part;
``(ii) comply with any request described in clause (i) that
is received from another State; and
``(iii) have in place safeguards to prevent the
unauthorized disclosure of information in any child abuse and
neglect registry maintained by the State, and to prevent any
such information obtained pursuant to this subparagraph from
being used for a purpose other than the conducting of
background checks in foster or adoptive placement cases;''.
(2) Suspension of opt-out.--Section 471(a)(20)(B) of such
Act (42 U.S.C. 671(a)(20)(B)) is amended--
(A) by inserting ``, on or before September 30, 2005,''
after ``plan if''; and
(B) by inserting ``, on or before such date,'' after ``or
if''.
(b) Elimination of Opt-Out.--Section 471(a)(20) of such Act
(42 U.S.C. 671(a)(20)), as amended by subsection (a) of this
section, is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``unless an election provided for in
subparagraph (B) is made with respect to the State,''; and
(2) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B).
(c) Effective Date.--
(1) General.--The amendments made by subsection (a) shall
take effect on October 1, 2006, and shall apply with respect
to payments under part E of title IV of the Social Security
Act for calendar quarters beginning on or after such date,
without regard to whether regulations to implement the
amendments are promulgated by such date.
(2) Elimination of opt-out.--The amendments made by
subsection (b) shall take effect on October 1, 2008, and
shall apply with respect to payments under part E of title IV
of the Social Security Act for calendar quarters beginning on
or after such date, without regard to whether regulations to
implement the amendments are promulgated by such date.
(3) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan under section 471 of the
Social Security Act to meet the additional requirements
imposed by the amendments made by a subsection of this
section, the plan shall not be regarded as failing to meet
any of the additional requirements before the first day of
the first calendar quarter beginning after the first regular
session of the State legislature that begins after the
otherwise applicable effective date of the amendments. If the
State has a 2-year legislative session, each year of the
session is deemed to be a separate regular session of the
State legislature.

SEC. 153. SCHOOLS SAFE ACT.

(a) Short Title.--This section may be cited as the
``Schools Safely Acquiring Faculty Excellence Act of 2006''.
(b) In General.--The Attorney General of the United States
shall, upon request of the chief executive officer of a
State, conduct fingerprint-based checks of the national crime
information databases (as defined in section 534(f)(3)(A) of
title 28, United States Code as redesignated under subsection
(e)) pursuant to a request submitted by--
(1) a child welfare agency for the purpose of--
(A) conducting a background check required under section
471(a)(20) of the Social Security Act on individuals under
consideration as prospective foster or adoptive parents; or
(B) an investigation relating to an incident of abuse or
neglect of a minor; or
(2) a private or public elementary school, a private or
public secondary school, a local educational agency, or State
educational agency in that State, on individuals employed by,
under consideration for employment by, or otherwise in a
position in which the individual would work with or around
children in the school or agency.
(c) Fingerprint-Based Check.--Where possible, the check
shall include a fingerprint-based check of State criminal
history databases.
(d) Fees.--The Attorney General and the States may charge
any applicable fees for the checks.
(e) Protection of Information.--An individual having
information derived as a result of a check under subsection
(b) may release that information only to appropriate officers
of child welfare agencies, public or private elementary or
secondary schools, or educational agencies or other persons
authorized by law to receive that information.
(f) Criminal Penalties.--An individual who knowingly
exceeds the authority in subsection (b), or knowingly
releases information in violation of subsection (e), shall be
imprisoned not more than 10 years or fined under title 18,
United States Code, or both.
(g) Child Welfare Agency Defined.--In this section, the
term ``child welfare agency'' means--
(1) the State or local agency responsible for administering
the plan under part B or part E of title IV of the Social
Security Act; and
(2) any other public agency, or any other private agency
under contract with the State or local agency responsible for
administering the

[[Page H5712]]

plan under part B or part E of title IV of the Social
Security Act, that is responsible for the licensing or
approval of foster or adoptive parents.
(h) Definition of Education Terms.--In this section, the
terms ``elementary school'', ``local educational agency'',
``secondary school'', and ``State educational agency'' have
the meanings given to those terms in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(i) Technical Correction.--Section 534 of title 28, United
States Code, is amended by redesignating the second
subsection (e) as subsection (f).

SEC. 154. MISSING CHILD REPORTING REQUIREMENTS.

(a) In General.--Section 3702 of the Crime Control Act of
1990 (42 U.S.C. 5780) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(2) by inserting after paragraph (1) the following:
``(2) ensure that no law enforcement agency within the
State establishes or maintains any policy that requires the
removal of a missing person entry from its State law
enforcement system or the National Crime Information Center
computer database based solely on the age of the person;
and''; and
(3) in paragraph (3), as redesignated, by striking
``immediately'' and inserting ``within 2 hours of receipt''.
(b) Definitions.--Section 403(1) of the Comprehensive Crime
Control Act of 1984 (42 U.S.C. 5772) is amended by striking
``if'' through subparagraph (B) and inserting a semicolon.

SEC. 155. DNA FINGERPRINTING.

The first sentence of section 3(a)(1)(A) of the DNA
Analysis Backlog Elimination Act of 2000 (42 U.S.C.
14135a(a)(1)(A)) is amended by striking ``arrested'' and
inserting ``arrested, facing charges, or convicted''.

TITLE II--FEDERAL CRIMINAL LAW ENHANCEMENTS NEEDED TO PROTECT CHILDREN
FROM SEXUAL ATTACKS AND OTHER VIOLENT CRIMES

SEC. 201. PROHIBITION ON INTERNET SALES OF DATE RAPE DRUGS.

Section 401 of the Controlled Substances Act (21 U.S.C.
841) is amended by adding at the end the following:
``(g) Internet Sales of Date Rape Drugs.--
``(1) Whoever knowingly uses the Internet to distribute a
date rape drug to any person, knowing or with reasonable
cause to believe that--
``(A) the drug would be used in the commission of criminal
sexual conduct; or
``(B) the person is not an authorized purchaser;
shall be fined under this title or imprisoned not more than
20 years, or both.
``(2) As used in this subsection:
``(A) The term `date rape drug' means--
``(i) gamma hydroxybutyric acid (GHB) or any controlled
substance analogue of GHB, including gamma butyrolactone
(GBL) or 1,4-butanediol;
``(ii) ketamine;
``(iii) flunitrazepam; or
``(iv) any substance which the Attorney General designates,
pursuant to the rulemaking procedures prescribed by section
553 of title 5, United States Code, to be used in committing
rape or sexual assault.

The Attorney General is authorized to remove any substance
from the list of date rape drugs pursuant to the same
rulemaking authority.
``(B) The term `authorized purchaser' means any of the
following persons, provided such person has acquired the
controlled substance in accordance with this Act:
``(i) A person with a valid prescription that is issued for
a legitimate medical purpose in the usual course of
professional practice that is based upon a qualifying medical
relationship by a practitioner registered by the Attorney
General. A `qualifying medical relationship' means a medical
relationship that exists when the practitioner has conducted
at least 1 medical evaluation with the authorized purchaser
in the physical presence of the practitioner, without regard
to whether portions of the evaluation are conducted by other
heath professionals. The preceding sentence shall not be
construed to imply that 1 medical evaluation demonstrates
that a prescription has been issued for a legitimate medical
purpose within the usual course of professional practice.
``(ii) Any practitioner or other registrant who is
otherwise authorized by their registration to dispense,
procure, purchase, manufacture, transfer, distribute, import,
or export the substance under this Act.
``(iii) A person or entity providing documentation that
establishes the name, address, and business of the person or
entity and which provides a legitimate purpose for using any
`date rape drug' for which a prescription is not required.
``(3) The Attorney General is authorized to promulgate
regulations for record-keeping and reporting by persons
handling 1,4-butanediol in order to implement and enforce the
provisions of this section. Any record or report required by
such regulations shall be considered a record or report
required under this Act.''.

SEC. 202. JETSETA GAGE ASSURED PUNISHMENT FOR VIOLENT CRIMES
AGAINST CHILDREN.

Section 3559 of title 18, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Mandatory Minimum Terms of Imprisonment for Violent
Crimes Against Children.--A person who is convicted of a
Federal offense that is a crime of violence against the
person of an individual who has not attained the age of 18
years shall, unless a greater mandatory minimum sentence of
imprisonment is otherwise provided by law and regardless of
any maximum term of imprisonment otherwise provided for the
offense--
``(1) if the crime of violence is murder, be imprisoned for
life or for any term of years not less than 30, except that
such person shall be punished by death or life imprisonment
if the circumstances satisfy any of subparagraphs (A) through
(D) of section 3591(a)(2) of this title;
``(2) if the crime of violence is kidnapping (as defined in
section 1201) or maiming (as defined in section 114), be
imprisoned for life or any term of years not less than 25;
and
``(3) if the crime of violence results in serious bodily
injury (as defined in section 1365), or if a dangerous weapon
was used during and in relation to the crime of violence, be
imprisoned for life or for any term of years not less than
10.''.

SEC. 203. PENALTIES FOR COERCION AND ENTICEMENT BY SEX
OFFENDERS.

Section 2422(b) of title 18, United States Code, is amended
by striking ``not less than 5 years and not more than 30
years'' and inserting ``not less than 10 years or for life''.

SEC. 204. PENALTIES FOR CONDUCT RELATING TO CHILD
PROSTITUTION.

Section 2423(a) of title 18, United States Code, is amended
by striking ``5 years and not more than 30 years'' and
inserting ``10 years or for life''.

SEC. 205. PENALTIES FOR SEXUAL ABUSE.

Section 2242 of title 18, United States Code, is amended by
striking ``, imprisoned not more than 20 years, or both'' and
inserting ``and imprisoned for any term of years or for
life''.

SEC. 206. INCREASED PENALTIES FOR SEXUAL OFFENSES AGAINST
CHILDREN.

(a) Sexual Abuse and Contact.--
(1) Aggravated sexual abuse of children.--Section 2241(c)
of title 18, United States Code, is amended by striking ``,
imprisoned for any term of years or life, or both'' and
inserting ``and imprisoned for not less than 30 years or for
life''.
(2) Abusive sexual contact with children.--Section 2244 of
chapter 109A of title 18, United States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``subsection (a) or (b)
of'' before ``section 2241'';
(ii) by striking ``or'' at the end of paragraph (3);
(iii) by striking the period at the end of paragraph (4)
and inserting ``; or''; and
(iv) by inserting after paragraph (4) the following:
``(5) subsection (c) of section 2241 of this title had the
sexual contact been a sexual act, shall be fined under this
title and imprisoned for any term of years or for life.'';
and
(B) in subsection (c), by inserting ``(other than
subsection (a)(5))'' after ``violates this section''.
(3) Sexual abuse of children resulting in death.--Section
2245 of title 18, United States Code, is amended to read as
follows:

``Sec. 2245. Offenses resulting in death

``(a) In General.--A person who, in the course of an
offense under this chapter, or sections 1591, 2251, 2251A,
2260, 2421, 2422, 2423, or 2425, murders an individual, shall
be punished by death or imprisoned for any term of years or
for life.''.
(4) Death penalty aggravating factor.--Section 3592(c)(1)
of title 18, United States Code, is amended by inserting
``section 2245 (offenses resulting in death),'' after
``(wrecking trains),''.
(b) Sexual Exploitation and Other Abuse of Children.--
(1) Sexual exploitation of children.--Section 2251(e) of
title 18, United States Code, is amended--
(A) by inserting ``section 1591,'' after ``this chapter,''
the first place it appears;
(B) by striking ``the sexual exploitation of children'' the
first place it appears and inserting ``aggravated sexual
abuse, sexual abuse, abusive sexual contact involving a minor
or ward, or sex trafficking of children, or the production,
possession, receipt, mailing, sale, distribution, shipment,
or transportation of child pornography''; and
(C) by striking ``any term of years or for life'' and
inserting ``not less than 30 years or for life''.
(2) Activities relating to material involving the sexual
exploitation of children.--Section 2252(b) of title 18,
United States Code, is amended in paragraph (1)--
(A) by striking ``paragraphs (1)'' and inserting
``paragraph (1)'';
(B) by inserting ``section 1591,'' after ``this chapter,'';
and
(C) by inserting ``, or sex trafficking of children'' after
``pornography''.
(3) Activities relating to material constituting or
containing child pornography.--Section 2252A(b) of title 18,
United States Code, is amended in paragraph (1)--
(A) by inserting ``section 1591,'' after ``this chapter,'';
and
(B) by inserting ``, or sex trafficking of children'' after
``pornography''.
(4) Using misleading domain names to direct children to
harmful material on the internet.--Section 2252B(b) of title
18, United States Code, is amended by striking ``4'' and
inserting ``10''.
(5) Extraterritorial child pornography offenses.--Section
2260(c) of title 18, United States Code, is amended to read
as follows:
``(c) Penalties.--
``(1) A person who violates subsection (a), or attempts or
conspires to do so, shall be subject to the penalties
provided in subsection (e) of section 2251 for a violation of
that section, including the penalties provided for such a
violation

[[Page H5713]]

by a person with a prior conviction or convictions as
described in that subsection.
``(2) A person who violates subsection (b), or attempts or
conspires to do so, shall be subject to the penalties
provided in subsection (b)(1) of section 2252 for a violation
of paragraph (1), (2), or (3) of subsection (a) of that
section, including the penalties provided for such a
violation by a person with a prior conviction or convictions
as described in subsection (b)(1) of section 2252.''.
(c) Mandatory Life Imprisonment for Certain Repeated Sex
Offenses Against Children.--Section 3559(e)(2)(A) of title
18, United States Code, is amended by inserting ``1591
(relating to sex trafficking of children),'' after ``under
section''.

SEC. 207. SEXUAL ABUSE OF WARDS.

Chapter 109A of title 18, United States Code, is amended--
(1) in section 2243(b), by striking ``five years'' and
inserting ``15 years''; and
(2) by inserting a comma after ``Attorney General'' each
place it appears.

SEC. 208. MANDATORY PENALTIES FOR SEX-TRAFFICKING OF
CHILDREN.

Section 1591(b) of title 18, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``or imprisonment'' and inserting ``and
imprisonment'';
(B) by inserting ``not less than 15'' after ``any term of
years''; and
(C) by striking ``, or both''; and
(2) in paragraph (2)--
(A) by striking ``or imprisonment for not more than 40
years, or both'' and inserting ``and imprisonment for not
less than 10 years or for life''; and
(B) by striking ``, or both''.

SEC. 209. CHILD ABUSE REPORTING.

Section 2258 of title 18, United States Code, is amended by
striking ``guilty of a Class B misdemeanor'' and inserting
``fined under this title or imprisoned not more than 1 year
or both''.

SEC. 210. SEX OFFENDER SUBMISSION TO SEARCH AS CONDITION OF
RELEASE.

(a) Conditions of Probation.--Section 3563(b) of title 18,
United States Code, is amended--
(1) in paragraph (21), by striking ``or'' ;
(2) in paragraph (22) by striking the period at the end and
inserting ``or;'' and
(3) by inserting after paragraph (22) the following:
``(23) if required to register under the Sex Offender
Registration and Notification Act, submit his person, and any
property, house, residence, vehicle, papers, computer, other
electronic communication or data storage devices or media,
and effects to search at any time, with or without a warrant,
by any law enforcement or probation officer with reasonable
suspicion concerning a violation of a condition of probation
or unlawful conduct by the person, and by any probation
officer in the lawful discharge of the officer's supervision
functions.''.
(b) Supervised Release.--Section 3583(d) of title 18,
United States Code, is amended by adding at the end the
following: ``The court may order, as an explicit condition of
supervised release for a person who is a felon and required
to register under the Sex Offender Registration and
Notification Act, that the person submit his person, and any
property, house, residence, vehicle, papers, computer, other
electronic communications or data storage devices or media,
and effects to search at any time, with or without a warrant,
by any law enforcement or probation officer with reasonable
suspicion concerning a violation of a condition of supervised
release or unlawful conduct by the person, and by any
probation officer in the lawful discharge of the officer's
supervision functions.''.

SEC. 211. NO LIMITATION FOR PROSECUTION OF FELONY SEX
OFFENSES.

Chapter 213 of title 18, United States Code, is amended--
(1) by adding at the end the following:

``Sec. 3299. Child abduction and sex offenses

``Notwithstanding any other law, an indictment may be found
or an information instituted at any time without limitation
for any offense under section 1201 involving a minor victim,
and for any felony under chapter 109A, 110 (except for
section 2257 and 2257A), or 117, or section 1591.''; and
(2) by adding at the end of the table of sections at the
beginning of the chapter the following new item:

``3299. Child abduction and sex offenses''.

SEC. 212. VICTIMS' RIGHTS ASSOCIATED WITH HABEAS CORPUS
PROCEEDINGS.

Section 3771(b) of title 18, United States Code, is
amended--
(1) by striking ``In any court proceeding'' and inserting
the following:
``(1) In general.--In any court proceeding''; and
(2) by adding at the end the following:
``(2) Habeas corpus proceedings.--
``(A) In general.--In a Federal habeas corpus proceeding
arising out of a State conviction, the court shall ensure
that a crime victim is afforded the rights described in
paragraphs (3), (4), (7), and (8) of subsection (a).
``(B) Enforcement.--
``(i) In general.--These rights may be enforced by the
crime victim or the crime victim's lawful representative in
the manner described in paragraphs (1) and (3) of subsection
(d).
``(ii) Multiple victims.--In a case involving multiple
victims, subsection (d)(2) shall also apply.
``(C) Limitation.--This paragraph relates to the duties of
a court in relation to the rights of a crime victim in
Federal habeas corpus proceedings arising out of a State
conviction, and does not give rise to any obligation or
requirement applicable to personnel of any agency of the
Executive Branch of the Federal Government.
``(D) Definition.--For purposes of this paragraph, the term
`crime victim' means the person against whom the State
offense is committed or, if that person is killed or
incapacitated, that person's family member or other lawful
representative.''.

SEC. 213. KIDNAPPING JURISDICTION.

Section 1201 of title 18, United States Code, is amended--
(1) in subsection (a)(1), by striking ``if the person was
alive when the transportation began'' and inserting ``, or
the offender travels in interstate or foreign commerce or
uses the mail or any means, facility, or instrumentality of
interstate or foreign commerce in committing or in
furtherance of the commission of the offense''; and
(2) in subsection (b), by striking ``to interstate'' and
inserting ``in interstate''.

SEC. 214. MARITAL COMMUNICATION AND ADVERSE SPOUSAL
PRIVILEGE.

The Committee on Rules, Practice, Procedure, and Evidence
of the Judicial Conference of the United States shall study
the necessity and desirability of amending the Federal Rules
of Evidence to provide that the confidential marital
communications privilege and the adverse spousal privilege
shall be inapplicable in any Federal proceeding in which a
spouse is charged with a crime against--
(1) a child of either spouse; or
(2) a child under the custody or control of either spouse.

SEC. 215. ABUSE AND NEGLECT OF INDIAN CHILDREN.

Section 1153(a) of title 18, United States Code, is amended
by inserting ``felony child abuse or neglect,'' after
``years,''.

SEC. 216. IMPROVEMENTS TO THE BAIL REFORM ACT TO ADDRESS SEX
CRIMES AND OTHER MATTERS.

Section 3142 of title 18, United States Code, is amended--
(1) in subsection (c)(1)(B), by inserting at the end the
following: ``In any case that involves a minor victim under
section 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251,
2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1),
2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422,
2423, or 2425 of this title, or a failure to register offense
under section 2250 of this title, any release order shall
contain, at a minimum, a condition of electronic monitoring
and each of the conditions specified at subparagraphs (iv),
(v), (vi), (vii), and (viii).''
(2) in subsection (f)(1)--
(A) in subparagraph (C), by striking ``or'' at the end; and
(B) by adding at the end the following:
``(E) any felony that is not otherwise a crime of violence
that involves a minor victim or that involves the possession
or use of a firearm or destructive device (as those terms are
defined in section 921), or any other dangerous weapon, or
involves a failure to register under section 2250 of title
18, United States Code; or''; and
(3) in subsection (g), by striking paragraph (1) and
inserting the following:
``(1) the nature and circumstances of the offense charged,
including whether the offense is a crime of violence, a
Federal crime of terrorism, or involves a minor victim or a
controlled substance, firearm, explosive, or destructive
device;''.

TITLE III--CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS

SEC. 301. JIMMY RYCE STATE CIVIL COMMITMENT PROGRAMS FOR
SEXUALLY DANGEROUS PERSONS.

(a) Grants Authorized.--Except as provided in subsection
(b), the Attorney General shall make grants to jurisdictions
for the purpose of establishing, enhancing, or operating
effective civil commitment programs for sexually dangerous
persons.
(b) Limitation.--The Attorney General shall not make any
grant under this section for the purpose of establishing,
enhancing, or operating any transitional housing for a
sexually dangerous person in or near a location where minors
or other vulnerable persons are likely to come into contact
with that person.
(c) Eligibility.--
(1) In general.--To be eligible to receive a grant under
this section, a jurisdiction shall, before the expiration of
the compliance period--
(A) have established a civil commitment program for
sexually dangerous persons that is consistent with guidelines
issued by the Attorney General; or
(B) submit a plan for the establishment of such a program.
(2) Compliance period.--The compliance period referred to
in paragraph (1) expires on the date that is 2 years after
the date of the enactment of this Act. However, the Attorney
General may, on a case-by-case basis, extend the compliance
period that applies to a jurisdiction if the Attorney General
considers such an extension to be appropriate.
(3) Release notice.--
(A) Each civil commitment program for which funding is
required under this section shall require the issuance of
timely notice to a State official responsible for considering
whether to pursue civil commitment proceedings upon the
impending release of any person incarcerated by the State
who--
(i) has been convicted of a sexually violent offense; or
(ii) has been deemed by the State to be at high risk for
recommitting any sexual offense against a minor.
(B) The program shall further require that upon receiving
notice under subparagraph (A), the State official shall
consider whether or not to pursue a civil commitment
proceeding, or any equivalent proceeding required under State
law.
(d) Attorney General Reports.--Not later than January 31 of
each year, beginning with

[[Page H5714]]

2008, the Attorney General shall submit to the Committee on
the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report on the
progress of jurisdictions in implementing this section and
the rate of sexually violent offenses for each jurisdiction.
(e) Definitions.--As used in this section:
(1) The term ``civil commitment program'' means a program
that involves--
(A) secure civil confinement, including appropriate
control, care, and treatment during such confinement; and
(B) appropriate supervision, care, and treatment for
individuals released following such confinement.
(2) The term ``sexually dangerous person'' means a person
suffering from a serious mental illness, abnormality, or
disorder, as a result of which the individual would have
serious difficulty in refraining from sexually violent
conduct or child molestation.
(3) The term ``jurisdiction'' has the meaning given such
term in section 111.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2007 through 2010.

SEC. 302. JIMMY RYCE CIVIL COMMITMENT PROGRAM.

Chapter 313 of title 18, United States Code, is amended--
(1) in the chapter analysis--
(A) in the item relating to section 4241, by inserting ``or
to undergo postrelease proceedings'' after ``trial''; and
(B) by inserting at the end the following:

``4248. Civil commitment of a sexually dangerous person'';

(2) in section 4241--
(A) in the heading, by inserting or ``TO UNDERGO
POSTRELEASE PROCEEDINGS'' after ``TRIAL'';
(B) in the first sentence of subsection (a), by inserting
``or at any time after the commencement of probation or
supervised release and prior to the completion of the
sentence,'' after ``defendant,'';
(C) in subsection (d)--
(i) by striking ``trial to proceed'' each place it appears
and inserting ``proceedings to go forward''; and
(ii) by striking ``section 4246'' and inserting ``sections
4246 and 4248''; and
(D) in subsection (e)--
(i) by inserting ``or other proceedings'' after ``trial'';
and
(ii) by striking ``chapter 207'' and inserting ``chapters
207 and 227'';
(3) in section 4247--
(A) by striking ``, or 4246'' each place it appears and
inserting ``, 4246, or 4248'';
(B) in subsections (g) and (i), by striking ``4243 or
4246'' each place it appears and inserting ``4243, 4246, or
4248'';
(C) in subsection (a)--
(i) by amending subparagraph (1)(C) to read as follows:
``(C) drug, alcohol, and sex offender treatment programs,
and other treatment programs that will assist the individual
in overcoming a psychological or physical dependence or any
condition that makes the individual dangerous to others;
and'';
(ii) in paragraph (2), by striking ``and'' at the end;
(iii) in paragraph (3), by striking the period at the end
and inserting a semicolon; and
(iv) by inserting at the end the following:
``(4) `bodily injury' includes sexual abuse;
``(5) `sexually dangerous person' means a person who has
engaged or attempted to engage in sexually violent conduct or
child molestation and who is sexually dangerous to others;
and
``(6) `sexually dangerous to others' with respect a person,
means that the person suffers from a serious mental illness,
abnormality, or disorder as a result of which he would have
serious difficulty in refraining from sexually violent
conduct or child molestation if released.'';
(D) in subsection (b), by striking ``4245 or 4246'' and
inserting ``4245, 4246, or 4248'';
(E) in subsection (c)(4)--
(i) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F) respectively; and
(ii) by inserting after subparagraph (C) the following:
``(D) if the examination is ordered under section 4248,
whether the person is a sexually dangerous person;''; and
(F) in subsections (e) and (h)--
(i) by striking ``hospitalized'' each place it appears and
inserting ``committed''; and
(ii) by striking ``hospitalization'' each place it appears
and inserting ``commitment'' ; and
(4) by inserting at the end the following:

``Sec. 4248. Civil commitment of a sexually dangerous person

``(a) Institution of Proceedings.--In relation to a person
who is in the custody of the Bureau of Prisons, or who has
been committed to the custody of the Attorney General
pursuant to section 4241(d), or against whom all criminal
charges have been dismissed solely for reasons relating to
the mental condition of the person, the Attorney General or
any individual authorized by the Attorney General or the
Director of the Bureau of Prisons may certify that the person
is a sexually dangerous person, and transmit the certificate
to the clerk of the court for the district in which the
person is confined. The clerk shall send a copy of the
certificate to the person, and to the attorney for the
Government, and, if the person was committed pursuant to
section 4241(d), to the clerk of the court that ordered the
commitment. The court shall order a hearing to determine
whether the person is a sexually dangerous person. A
certificate filed under this subsection shall stay the
release of the person pending completion of procedures
contained in this section.
``(b) Psychiatric or Psychological Examination and
Report.--Prior to the date of the hearing, the court may
order that a psychiatric or psychological examination of the
defendant be conducted, and that a psychiatric or
psychological report be filed with the court, pursuant to the
provisions of section 4247(b) and (c).
``(c) Hearing.--The hearing shall be conducted pursuant to
the provisions of section 4247(d).
``(d) Determination and Disposition.--If, after the
hearing, the court finds by clear and convincing evidence
that the person is a sexually dangerous person, the court
shall commit the person to the custody of the Attorney
General. The Attorney General shall release the person to the
appropriate official of the State in which the person is
domiciled or was tried if such State will assume
responsibility for his custody, care, and treatment. The
Attorney General shall make all reasonable efforts to cause
such a State to assume such responsibility. If,
notwithstanding such efforts, neither such State will assume
such responsibility, the Attorney General shall place the
person for treatment in a suitable facility, until--
``(1) such a State will assume such responsibility; or
``(2) the person's condition is such that he is no longer
sexually dangerous to others, or will not be sexually
dangerous to others if released under a prescribed regimen of
medical, psychiatric, or psychological care or treatment;

whichever is earlier.
``(e) Discharge.--When the Director of the facility in
which a person is placed pursuant to subsection (d)
determines that the person's condition is such that he is no
longer sexually dangerous to others, or will not be sexually
dangerous to others if released under a prescribed regimen of
medical, psychiatric, or psychological care or treatment, he
shall promptly file a certificate to that effect with the
clerk of the court that ordered the commitment. The clerk
shall send a copy of the certificate to the person's counsel
and to the attorney for the Government. The court shall order
the discharge of the person or, on motion of the attorney for
the Government or on its own motion, shall hold a hearing,
conducted pursuant to the provisions of section 4247(d), to
determine whether he should be released. If, after the
hearing, the court finds by a preponderance of the evidence
that the person's condition is such that--
``(1) he will not be sexually dangerous to others if
released unconditionally, the court shall order that he be
immediately discharged; or
``(2) he will not be sexually dangerous to others if
released under a prescribed regimen of medical, psychiatric,
or psychological care or treatment, the court shall--
``(A) order that he be conditionally discharged under a
prescribed regimen of medical, psychiatric, or psychological
care or treatment that has been prepared for him, that has
been certified to the court as appropriate by the Director of
the facility in which he is committed, and that has been
found by the court to be appropriate; and
``(B) order, as an explicit condition of release, that he
comply with the prescribed regimen of medical, psychiatric,
or psychological care or treatment.

The court at any time may, after a hearing employing the same
criteria, modify or eliminate the regimen of medical,
psychiatric, or psychological care or treatment.
``(f) Revocation of Conditional Discharge.--The director of
a facility responsible for administering a regimen imposed on
a person conditionally discharged under subsection (e) shall
notify the Attorney General and the court having jurisdiction
over the person of any failure of the person to comply with
the regimen. Upon such notice, or upon other probable cause
to believe that the person has failed to comply with the
prescribed regimen of medical, psychiatric, or psychological
care or treatment, the person may be arrested, and, upon
arrest, shall be taken without unnecessary delay before the
court having jurisdiction over him. The court shall, after a
hearing, determine whether the person should be remanded to a
suitable facility on the ground that he is sexually dangerous
to others in light of his failure to comply with the
prescribed regimen of medical, psychiatric, or psychological
care or treatment.
``(g) Release to State of Certain Other Persons.--If the
director of the facility in which a person is hospitalized or
placed pursuant to this chapter certifies to the Attorney
General that a person, against whom all charges have been
dismissed for reasons not related to the mental condition of
the person, is a sexually dangerous person, the Attorney
General shall release the person to the appropriate official
of the State in which the person is domiciled or was tried
for the purpose of institution of State proceedings for civil
commitment. If neither such State will assume such
responsibility, the Attorney General shall release the person
upon receipt of notice from the State that it will not assume
such responsibility, but not later than 10 days after
certification by the director of the facility.''.

TITLE IV--IMMIGRATION LAW REFORMS TO PREVENT SEX OFFENDERS FROM ABUSING
CHILDREN

SEC. 401. FAILURE TO REGISTER A DEPORTABLE OFFENSE.

Section 237(a)(2)(A) of the Immigration and Nationality Act
(8 U.S.C. 1227(a)(2)(A)) is amended--
(1) by redesignating clause (v) as clause (vi); and
(2) by inserting after clause (iv) the following new
clause:
``(v) Failure to register as a sex offender.--Any alien who
is convicted under section 2250 of title 18, United States
Code, is deportable.''.

[[Page H5715]]

SEC. 402. BARRING CONVICTED SEX OFFENDERS FROM HAVING FAMILY-
BASED PETITIONS APPROVED.

(a) Immigrant Family Members.--Section 204(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), is
amended--
(1) in subparagraph (A)(i), by striking ``Any'' and
inserting ``Except as provided in clause (viii), any'';
(2) in subparagraph (A), by inserting after clause (vii)
the following:
``(viii)(I) Clause (i) shall not apply to a citizen of the
United States who has been convicted of a specified offense
against a minor, unless the Secretary of Homeland Security,
in the Secretary's sole and unreviewable discretion,
determines that the citizen poses no risk to the alien with
respect to whom a petition described in clause (i) is filed.
``(II) For purposes of subclause (I), the term `specified
offense against a minor' is defined as in section 111 of the
Adam Walsh Child Protection and Safety Act of 2006.''; and
(3) in subparagraph (B)(i)--
(A) by striking ``(B)(i) Any alien'' and inserting the
following: ``(B)(i)(I) Except as provided in subclause (II),
any alien''; and
(B) by adding at the end the following:

``(I) Subclause (I) shall not apply in the case of an alien
lawfully admitted for permanent residence who has been
convicted of a specified offense against a minor (as defined
in subparagraph (A)(viii)(II)), unless the Secretary of
Homeland Security, in the Secretary's sole and unreviewable
discretion, determines that such person poses no risk to the
alien with respect to whom a petition described in subclause
(I) is filed.''.

(b) Nonimmigrants.--Section 101(a)(15)(K) (8 U.S.C.
1101(a)(15)(K)), is amended by inserting ``(other than a
citizen described in section 204(a)(1)(A)(viii)(I))'' after
``citizen of the United States'' each place that phrase
appears.

TITLE V--CHILD PORNOGRAPHY PREVENTION

SEC. 501. FINDINGS.

Congress makes the following findings:
(1) The effect of the intrastate production,
transportation, distribution, receipt, advertising, and
possession of child pornography on the interstate market in
child pornography.
(A) The illegal production, transportation, distribution,
receipt, advertising and possession of child pornography, as
defined in section 2256(8) of title 18, United States Code,
as well as the transfer of custody of children for the
production of child pornography, is harmful to the
physiological, emotional, and mental health of the children
depicted in child pornography and has a substantial and
detrimental effect on society as a whole.
(B) A substantial interstate market in child pornography
exists, including not only a multimillion dollar industry,
but also a nationwide network of individuals openly
advertising their desire to exploit children and to traffic
in child pornography. Many of these individuals distribute
child pornography with the expectation of receiving other
child pornography in return.
(C) The interstate market in child pornography is carried
on to a substantial extent through the mails and other
instrumentalities of interstate and foreign commerce, such as
the Internet. The advent of the Internet has greatly
increased the ease of transporting, distributing, receiving,
and advertising child pornography in interstate commerce. The
advent of digital cameras and digital video cameras, as well
as videotape cameras, has greatly increased the ease of
producing child pornography. The advent of inexpensive
computer equipment with the capacity to store large numbers
of digital images of child pornography has greatly increased
the ease of possessing child pornography. Taken together,
these technological advances have had the unfortunate result
of greatly increasing the interstate market in child
pornography.
(D) Intrastate incidents of production, transportation,
distribution, receipt, advertising, and possession of child
pornography, as well as the transfer of custody of children
for the production of child pornography, have a substantial
and direct effect upon interstate commerce because:
(i) Some persons engaged in the production, transportation,
distribution, receipt, advertising, and possession of child
pornography conduct such activities entirely within the
boundaries of one state. These persons are unlikely to be
content with the amount of child pornography they produce,
transport, distribute, receive, advertise, or possess. These
persons are therefore likely to enter the interstate market
in child pornography in search of additional child
pornography, thereby stimulating demand in the interstate
market in child pornography.
(ii) When the persons described in subparagraph (D)(i)
enter the interstate market in search of additional child
pornography, they are likely to distribute the child
pornography they already produce, transport, distribute,
receive, advertise, or possess to persons who will distribute
additional child pornography to them, thereby stimulating
supply in the interstate market in child pornography.
(iii) Much of the child pornography that supplies the
interstate market in child pornography is produced entirely
within the boundaries of one state, is not traceable, and
enters the interstate market surreptitiously. This child
pornography supports demand in the interstate market in child
pornography and is essential to its existence.
(E) Prohibiting the intrastate production, transportation,
distribution, receipt, advertising, and possession of child
pornography, as well as the intrastate transfer of custody of
children for the production of child pornography, will cause
some persons engaged in such intrastate activities to cease
all such activities, thereby reducing both supply and demand
in the interstate market for child pornography.
(F) Federal control of the intrastate incidents of the
production, transportation, distribution, receipt,
advertising, and possession of child pornography, as well as
the intrastate transfer of children for the production of
child pornography, is essential to the effective control of
the interstate market in child pornography.
(2) The importance of protecting children from repeat
exploitation in child pornography:
(A) The vast majority of child pornography prosecutions
today involve images contained on computer hard drives,
computer disks, and related media.
(B) Child pornography is not entitled to protection under
the First Amendment and thus may be prohibited.
(C) The government has a compelling State interest in
protecting children from those who sexually exploit them, and
this interest extends to stamping out the vice of child
pornography at all levels in the distribution chain.
(D) Every instance of viewing images of child pornography
represents a renewed violation of the privacy of the victims
and a repetition of their abuse.
(E) Child pornography constitutes prima facie contraband,
and as such should not be distributed to, or copied by, child
pornography defendants or their attorneys.
(F) It is imperative to prohibit the reproduction of child
pornography in criminal cases so as to avoid repeated
violation and abuse of victims, so long as the government
makes reasonable accommodations for the inspection, viewing,
and examination of such material for the purposes of mounting
a criminal defense.

SEC. 502. OTHER RECORD KEEPING REQUIREMENTS.

(a) In General.--Section 2257 of title 18, United States
Code, is amended--
(1) in subsection (a), by inserting after ``videotape,''
the following: ``digital image, digitally- or computer-
manipulated image of an actual human being, picture,'';
(2) in subsection (e)(1), by adding at the end the
following: ``In this paragraph, the term `copy' includes
every page of a website on which matter described in
subsection (a) appears.'';
(3) in subsection (f), by--
(A) in paragraph (3), by striking ``and'' after the
semicolon;
(B) in paragraph (4), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(5) for any person to whom subsection (a) applies to
refuse to permit the Attorney General or his or her designee
to conduct an inspection under subsection (c).''; and
(4) by striking subsection (h) and inserting the following:
``(h) In this section--
``(1) the term `actual sexually explicit conduct' means
actual but not simulated conduct as defined in clauses (i)
through (v) of section 2256(2)(A) of this title;
``(2) the term `produces'--
``(A) means--
``(i) actually filming, videotaping, photographing,
creating a picture, digital image, or digitally- or computer-
manipulated image of an actual human being;
``(ii) digitizing an image, of a visual depiction of
sexually explicit conduct; or, assembling, manufacturing,
publishing, duplicating, reproducing, or reissuing a book,
magazine, periodical, film, videotape, digital image, or
picture, or other matter intended for commercial
distribution, that contains a visual depiction of sexually
explicit conduct; or
``(iii) inserting on a computer site or service a digital
image of, or otherwise managing the sexually explicit
content, of a computer site or service that contains a visual
depiction of, sexually explicit conduct; and
``(B) does not include activities that are limited to--
``(i) photo or film processing, including digitization of
previously existing visual depictions, as part of a
commercial enterprise, with no other commercial interest in
the sexually explicit material, printing, and video
duplication;
``(ii) distribution;
``(iii) any activity, other than those activities
identified in subparagraph (A), that does not involve the
hiring, contracting for, managing, or otherwise arranging for
the participation of the depicted performers;
``(iv) the provision of a telecommunications service, or of
an Internet access service or Internet information location
tool (as those terms are defined in section 231 of the
Communications Act of 1934 (47 U.S.C. 231)); or
``(v) the transmission, storage, retrieval, hosting,
formatting, or translation (or any combination thereof) of a
communication, without selection or alteration of the content
of the communication, except that deletion of a particular
communication or material made by another person in a manner
consistent with section 230(c) of the Communications Act of
1934 (47 U.S.C. 230(c)) shall not constitute such selection
or alteration of the content of the communication; and
``(3) the term `performer' includes any person portrayed in
a visual depiction engaging in, or assisting another person
to engage in, sexually explicit conduct.''.
(b) Construction.--The provisions of section 2257 shall not
apply to any depiction of actual sexually explicit conduct as
described in clause (v) of section 2256(2)(A) of title 18,
United States Code, produced in whole or in part, prior to
the effective date of this section unless that depiction also
includes actual sexually explicit conduct as described in
clauses (i) through (iv) of section 2256(2)(A) of title 18,
United States Code.

SEC. 503. RECORD KEEPING REQUIREMENTS FOR SIMULATED SEXUAL
CONDUCT.

(a) In General.--Chapter 110 of title 18, United States
Code, is amended by inserting after section 2257 the
following:

[[Page H5716]]

``SEC. 2257A. RECORD KEEPING REQUIREMENTS FOR SIMULATED
SEXUAL CONDUCT.

``(a) Whoever produces any book, magazine, periodical,
film, videotape, digital image, digitally- or computer-
manipulated image of an actual human being, picture, or other
matter that--
``(1) contains 1 or more visual depictions of simulated
sexually explicit conduct; and
``(2) is produced in whole or in part with materials which
have been mailed or shipped in interstate or foreign
commerce, or is shipped or transported or is intended for
shipment or transportation in interstate or foreign commerce;

shall create and maintain individually identifiable records
pertaining to every performer portrayed in such a visual
depiction.
``(b) Any person to whom subsection (a) applies shall, with
respect to every performer portrayed in a visual depiction of
simulated sexually explicit conduct--
``(1) ascertain, by examination of an identification
document containing such information, the performer's name
and date of birth, and require the performer to provide such
other indicia of his or her identity as may be prescribed by
regulations;
``(2) ascertain any name, other than the performer's
present and correct name, ever used by the performer
including maiden name, alias, nickname, stage, or
professional name; and
``(3) record in the records required by subsection (a) the
information required by paragraphs (1) and (2) and such other
identifying information as may be prescribed by regulation.
``(c) Any person to whom subsection (a) applies shall
maintain the records required by this section at their
business premises, or at such other place as the Attorney
General may by regulation prescribe and shall make such
records available to the Attorney General for inspection at
all reasonable times.
``(d)(1) No information or evidence obtained from records
required to be created or maintained by this section shall,
except as provided in this section, directly or indirectly,
be used as evidence against any person with respect to any
violation of law.
``(2) Paragraph (1) shall not preclude the use of such
information or evidence in a prosecution or other action for
a violation of this chapter or chapter 71, or for a violation
of any applicable provision of law with respect to the
furnishing of false information.
``(e)(1) Any person to whom subsection (a) applies shall
cause to be affixed to every copy of any matter described in
subsection (a)(1) in such manner and in such form as the
Attorney General shall by regulations prescribe, a statement
describing where the records required by this section with
respect to all performers depicted in that copy of the matter
may be located. In this paragraph, the term `copy' includes
every page of a website on which matter described in
subsection (a) appears.
``(2) If the person to whom subsection (a) applies is an
organization the statement required by this subsection shall
include the name, title, and business address of the
individual employed by such organization responsible for
maintaining the records required by this section.
``(f) It shall be unlawful--
``(1) for any person to whom subsection (a) applies to fail
to create or maintain the records as required by subsections
(a) and (c) or by any regulation promulgated under this
section;
``(2) for any person to whom subsection (a) applies
knowingly to make any false entry in or knowingly to fail to
make an appropriate entry in, any record required by
subsection (b) or any regulation promulgated under this
section;
``(3) for any person to whom subsection (a) applies
knowingly to fail to comply with the provisions of subsection
(e) or any regulation promulgated pursuant to that
subsection; or
``(4) for any person knowingly to sell or otherwise
transfer, or offer for sale or transfer, any book, magazine,
periodical, film, video, or other matter, produced in whole
or in part with materials which have been mailed or shipped
in interstate or foreign commerce or which is intended for
shipment in interstate or foreign commerce, that--
``(A) contains 1 or more visual depictions made after the
date of enactment of this subsection of simulated sexually
explicit conduct; and
``(B) is produced in whole or in part with materials which
have been mailed or shipped in interstate or foreign
commerce, or is shipped or transported or is intended for
shipment or transportation in interstate or foreign commerce;

which does not have affixed thereto, in a manner prescribed
as set forth in subsection (e)(1), a statement describing
where the records required by this section may be located,
but such person shall have no duty to determine the accuracy
of the contents of the statement or the records required to
be kept.
``(5) for any person to whom subsection (a) applies to
refuse to permit the Attorney General or his or her designee
to conduct an inspection under subsection (c).
``(g) As used in this section, the terms `produces' and
`performer' have the same meaning as in section 2257(h) of
this title.
``(h)(1) The provisions of this section and section 2257
shall not apply to matter, or any image therein, containing
one or more visual depictions of simulated sexually explicit
conduct, or actual sexually explicit conduct as described in
clause (v) of section 2256(2)(A), if such matter--
``(A)(i) is intended for commercial distribution;
``(ii) is created as a part of a commercial enterprise by a
person who certifies to the Attorney General that such person
regularly and in the normal course of business collects and
maintains individually identifiable information regarding all
performers, including minor performers, employed by that
person, pursuant to Federal and State tax, labor, and other
laws, labor agreements, or otherwise pursuant to industry
standards, where such information includes the name, address,
and date of birth of the performer; and
``(iii) is not produced, marketed or made available by the
person described in clause (ii) to another in circumstances
such than an ordinary person would conclude that the matter
contains a visual depiction that is child pornography as
defined in section 2256(8); or
``(B)(i) is subject to the authority and regulation of the
Federal Communications Commission acting in its capacity to
enforce section 1464 of this title, regarding the broadcast
of obscene, indecent or profane programming; and
``(ii) is created as a part of a commercial enterprise by a
person who certifies to the Attorney General that such person
regularly and in the normal course of business collects and
maintains individually identifiable information regarding all
performers, including minor performers, employed by that
person, pursuant to Federal and State tax, labor, and other
laws, labor agreements, or otherwise pursuant to industry
standards, where such information includes the name, address,
and date of birth of the performer.
``(2) Nothing in subparagraphs (A) and (B) of paragraph (1)
shall be construed to exempt any matter that contains any
visual depiction that is child pornography, as defined in
section 2256(8), or is actual sexually explicit conduct
within the definitions in clauses (i) through (iv) of section
2256(2)(A).
``(i)(1) Whoever violates this section shall be imprisoned
for not more than 1 year, and fined in accordance with the
provisions of this title, or both.
``(2) Whoever violates this section in an effort to conceal
a substantive offense involving the causing, transporting,
permitting or offering or seeking by notice or advertisement,
a minor to engage in sexually explicit conduct for the
purpose of producing a visual depiction of such conduct in
violation of this title, or to conceal a substantive offense
that involved trafficking in material involving the sexual
exploitation of a minor, including receiving, transporting,
advertising, or possessing material involving the sexual
exploitation of a minor with intent to traffic, in violation
of this title, shall be imprisoned for not more than 5 years
and fined in accordance with the provisions of this title, or
both.
``(3) Whoever violates paragraph (2) after having been
previously convicted of a violation punishable under that
paragraph shall be imprisoned for any period of years not
more than 10 years but not less than 2 years, and fined in
accordance with the provisions of this title, or both.
``The provisions of this section shall not become effective
until 90 days after the final regulations implementing this
section are published in the Federal Register. The provisions
of this section shall not apply to any matter, or image
therein, produced, in whole or in part, prior to the
effective date of this section.
``(k) On an annual basis, the Attorney General shall submit
a report to Congress--
``(1) concerning the enforcement of this section and
section 2257 by the Department of Justice during the previous
12-month period; and
``(2) including--
``(A) the number of inspections undertaken pursuant to this
section and section 2257;
``(B) the number of open investigations pursuant to this
section and section 2257;
``(C) the number of cases in which a person has been
charged with a violation of this section and section 2257;
and
``(D) for each case listed in response to subparagraph (C),
the name of the lead defendant, the federal district in which
the case was brought, the court tracking number, and a
synopsis of the violation and its disposition, if any,
including settlements, sentences, recoveries and
penalties.''.
(b) Chapter Analysis.--The chapter analysis for chapter 110
of title 18, United States Code, is amended by inserting
after the item for section 2257 the following:

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

SEC. 504. PREVENTION OF DISTRIBUTION OF CHILD PORNOGRAPHY
USED AS EVIDENCE IN PROSECUTIONS.

Section 3509 of title 18, United States Code, is amended by
adding at the end the following:
``(m) Prohibition on Reproduction of Child Pornography.--
``(1) In any criminal proceeding, any property or material
that constitutes child pornography (as defined by section
2256 of this title) shall remain in the care, custody, and
control of either the Government or the court.
``(2)(A) Notwithstanding Rule 16 of the Federal Rules of
Criminal Procedure, a court shall deny, in any criminal
proceeding, any request by the defendant to copy, photograph,
duplicate, or otherwise reproduce any property or material
that constitutes child pornography (as defined by section
2256 of this title), so long as the Government makes the
property or material reasonably available to the defendant.
``(B) For the purposes of subparagraph (A), property or
material shall be deemed to be reasonably available to the
defendant if the Government provides ample opportunity for
inspection, viewing, and examination at a Government facility
of the property or material by the defendant, his or her
attorney, and any individual the defendant may seek to
qualify to furnish expert testimony at trial.''.

SEC. 505. AUTHORIZING CIVIL AND CRIMINAL ASSET FORFEITURE IN
CHILD EXPLOITATION AND OBSCENITY CASES.

(a) Conforming Forfeiture Procedures for Obscenity
Offenses.--Section 1467 of title 18, United States Code, is
amended--
(1) in subsection (a)(3), by inserting a period after ``of
such offense'' and striking all that follows; and

[[Page H5717]]

(2) by striking subsections (b) through (n) and inserting
the following:
``(b) The provisions of section 413 of the Controlled
Substances Act (21 U.S.C. 853), with the exception of
subsections (a) and (d), shall apply to the criminal
forfeiture of property pursuant to subsection (a).
``(c) Any property subject to forfeiture pursuant to
subsection (a) may be forfeited to the United States in a
civil case in accordance with the procedures set forth in
chapter 46 of this title.''.
(b) Property Subject to Criminal Forfeiture.--Section
2253(a) of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting ``or who is convicted of an offense under
section 2252B of this chapter,'' after ``2260 of this
chapter''; and
(B) by striking ``an offense under section 2421, 2422, or
2423 of chapter 117'' and inserting ``an offense under
chapter 109A'';
(2) in paragraph (1), by inserting ``2252A, 2252B, or
2260'' after ``2252''; and
(3) in paragraph (3), by inserting ``or any property
traceable to such property'' before the period.
(c) Criminal Forfeiture Procedure.--Section 2253 of title
18, United States Code, is amended by striking subsections
(b) through (o) and inserting the following:
``(b) Section 413 of the Controlled Substances Act (21
U.S.C. 853) with the exception of subsections (a) and (d),
applies to the criminal forfeiture of property pursuant to
subsection (a).''.
(d) Civil Forfeiture.--Section 2254 of title 18, United
States Code, is amended to read as follows:

``Sec. 2254. Civil forfeiture

``Any property subject to forfeiture pursuant to section
2253 may be forfeited to the United States in a civil case in
accordance with the procedures set forth in chapter 46.''.

SEC. 506. PROHIBITING THE PRODUCTION OF OBSCENITY AS WELL AS
TRANSPORTATION, DISTRIBUTION, AND SALE.

(a) Section 1465.--Section 1465 of title 18 of the United
States Code is amended--
(1) by inserting ``PRODUCTION AND'' before
``TRANSPORTATION'' in the heading of the section;
(2) by inserting ``produces with the intent to transport,
distribute, or transmit in interstate or foreign commerce, or
whoever knowingly'' after ``whoever knowingly'' and before
``transports or travels in''; and
(3) by inserting a comma after ``in or affecting such
commerce''.
(b) Section 1466.--Section 1466 of title 18 of the United
States Code is amended--
(1) in subsection (a), by inserting ``producing with intent
to distribute or sell, or'' before ``selling or transferring
obscene matter,'';
(2) in subsection (b), by inserting, ``produces'' before
``sells or transfers or offers to sell or transfer obscene
matter''; and
(3) in subsection (b) by inserting ``production,'' before
``selling or transferring or offering to sell or transfer
such material.''.

SEC. 507. GUARDIANS AD LITEM.

Section 3509(h)(1) of title 18, United States Code, is
amended by inserting ``, and provide reasonable compensation
and payment of expenses for,'' before ``a guardian''.

TITLE VI--GRANTS, STUDIES, AND PROGRAMS FOR CHILDREN AND COMMUNITY
SAFETY

Subtitle A--Mentoring Matches for Youth Act

SEC. 601. SHORT TITLE.

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

SEC. 602. FINDINGS.

Congress finds the following:
(1) Big Brothers Big Sisters of America, which was founded
in 1904 and chartered by Congress in 1958, is the oldest and
largest mentoring organization in the United States.
(2) There are over 450 Big Brothers Big Sisters of America
local agencies providing mentoring programs for at-risk
children in over 5,000 communities throughout every State,
Guam, and Puerto Rico.
(3) Over the last decade, Big Brothers Big Sisters of
America has raised a minimum of 75 percent of its annual
operating budget from private sources and is continually
working to grow private sources of funding to maintain this
ratio of private to Federal funds.
(4) In 2005, Big Brothers Big Sisters of America provided
mentors for over 235,000 children.
(5) Big Brothers Big Sisters of America has a goal to
provide mentors for 1,000,000 children per year.

SEC. 603. GRANT PROGRAM FOR EXPANDING BIG BROTHERS BIG
SISTERS MENTORING PROGRAM.

In each of fiscal years 2007 through 2012, the
Administrator of the Office of Juvenile Justice and
Delinquency Prevention (hereafter in this Act referred to as
the ``Administrator'') may make grants to Big Brothers Big
Sisters of America to use for expanding the capacity of and
carrying out the Big Brothers Big Sisters mentoring programs
for at-risk youth.

SEC. 604. BIANNUAL REPORT.

(a) In General.--Big Brothers Big Sisters of America shall
submit 2 reports to the Administrator in each of fiscal years
2007 through 2013. Big Brothers Big Sisters of America shall
submit the first report in a fiscal year not later than April
1 of that fiscal year and the second report in a fiscal year
not later than September 30 of that fiscal year.
(b) Required Content.--Each such report shall include the
following:
(1) A detailed statement of the progress made by Big
Brothers Big Sisters of America in expanding the capacity of
and carrying out mentoring programs for at-risk youth.
(2) A detailed statement of how the amounts received under
this Act have been used.
(3) A detailed assessment of the effectiveness of the
mentoring programs.
(4) Recommendations for continued grants and the
appropriate amounts for such grants.

SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this
Act--
(1) $9,000,000 for fiscal year 2007;
(2) $10,000,000 for fiscal year 2008;
(3) $11,500,000 for fiscal year 2009;
(4) $13,000,000 for fiscal year 2010; and
(5) $15,000,000 for fiscal year 2011.

Subtitle B--National Police Athletic League Youth Enrichment Act

SEC. 611. SHORT TITLE.

This subtitle may be cited as the ``National Police
Athletic League Youth Enrichment Reauthorization Act of
2006''.

SEC. 612. FINDINGS.

Section 2 of the National Police Athletic League Youth
Enrichment Act of 2000 (42 U.S.C. 13751 note) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (C) through (G) as
subparagraphs (D) through (H), respectively; and
(B) by inserting after subparagraph (B) the following:
``(C) develop life enhancing character and leadership
skills in young people;'';
(2) in paragraph (2) by striking ``55-year'' and inserting
``90-year'';
(3) in paragraph (3)--
(A) by striking ``320 PAL chapters'' and inserting ``350
PAL chapters''; and
(B) by striking ``1,500,000 youth'' and inserting
``2,000,000 youth'';
(4) in paragraph (4), by striking ``82 percent''and
inserting ``85 percent'';
(5) in paragraph (5), in the second sentence, by striking
``receive no'' and inserting ``rarely receive'';
(6) in paragraph (6), by striking ``17 are at risk'' and
inserting ``18 are at risk''; and
(7) in paragraph (7), by striking ``1999'' and inserting
``2005''.

SEC. 613. PURPOSE.

Section 3 of the National Police Athletic League Youth
Enrichment Act of 2000 (42 U.S.C. 13751 note) is amended--
(1) in paragraph (1)--
(A) by striking ``320 established PAL chapters'' and
inserting ``342 established PAL chapters''; and
(B) by striking ``and'' at the end;
(2) in paragraph (2), by striking ``2006.'' and inserting
``2010; and''; and
(3) by adding at the end the following:
``(3) support of an annual gathering of PAL chapters and
designated youth leaders from such chapters to participate in
a 3-day conference that addresses national and local issues
impacting the youth of America and includes educational
sessions to advance character and leadership skills.''.

SEC. 614. GRANTS AUTHORIZED.

Section 5 of the National Police Athletic League Youth
Enrichment Act of 2000 (42 U.S.C. 13751 note) is amended--
(1) in subsection (a), by striking ``2001 through 2005''
and inserting ``2006 through 2010''; and
(2) in subsection (b)(1)(B), by striking ``not less than
570 PAL chapters in operation before January 1, 2004'' and
inserting ``not fewer than 500 PAL chapters in operation
before January 1, 2010''.

SEC. 615. USE OF FUNDS.

Section 6(a)(2) of the National Police Athletic League
Youth Enrichment Act of 2000 (42 U.S.C. 13751 note) is
amended--
(1) in the matter preceding subparagraph (A), by striking
``four'' and inserting ``two''; and
(2) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking ``two
programs'' and inserting ``one program'';
(B) in clause (iii), by striking ``or'';
(C) in clause (iv), by striking ``and'' and inserting
``or''; and
(D) by inserting after clause (iv) the following:
``(v) character development and leadership training; and''.

SEC. 616. AUTHORIZATION OF APPROPRIATIONS.

Section 8(a) of the National Police Athletic League Youth
Enrichment Act of 2000 (42 U.S.C. 13751 note) is amended by
striking ``2001 through 2005'' and inserting ``2006 through
2010''.

SEC. 617. NAME OF LEAGUE.

(a) Definitions.--Section 4(4) of the National Police
Athletic League Youth Enrichment Act of 2000 (42 U.S.C. 13751
note) is amended in the paragraph heading, by striking
``Athletic'' and inserting ``Athletic/activities''.
(b) Text.--The National Police Athletic League Youth
Enrichment Act of 2000 (42 U.S.C. 13751 note) is amended by
striking ``Police Athletic League'' each place such term
appears and inserting ``Police Athletic/Activities League''.

Subtitle C--Grants, Studies, and Other Provisions

SEC. 621. PILOT PROGRAM FOR MONITORING SEXUAL OFFENDERS.

(a) Sex Offender Monitoring Program.--
(1) Grants authorized.--
(A) In general.--The Attorney General is authorized to
award grants (referred to as ``Jessica Lunsford and Sarah
Lunde Grants'') to States, local governments, and Indian
tribal governments to assist in--
(i) carrying out programs to outfit sex offenders with
electronic monitoring units; and
(ii) the employment of law enforcement officials necessary
to carry out such programs.
(B) Duration.--The Attorney General shall award grants
under this section for a period not to exceed 3 years.

[[Page H5718]]

(C) Minimum standards.--The electronic monitoring units
used in the pilot program shall at a minimum--
(i) provide a single-unit tracking device for each offender
that--

(I) contains a central processing unit with global
positioning system and cellular technology in a single unit;
and
(II) provides two- and three-way voice communication; and

(ii) permit active, real-time, and continuous monitoring of
offenders 24 hours a day.
(2) Application.--
(A) In general.--Each State, local government, or Indian
tribal government desiring a grant under this section shall
submit an application to the Attorney General at such time,
in such manner, and accompanied by such information as the
Attorney General may reasonably require.
(B) Contents.--Each application submitted pursuant to
subparagraph (A) shall--
(i) describe the activities for which assistance under this
section is sought; and
(ii) provide such additional assurances as the Attorney
General determines to be essential to ensure compliance with
the requirements of this section.
(b) Innovation.--In making grants under this section, the
Attorney General shall ensure that different approaches to
monitoring are funded to allow an assessment of
effectiveness.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$5,000,000 for each of the fiscal years 2007 through 2009 to
carry out this section.
(2) Report.--Not later than September 1, 2010, the Attorney
General shall report to Congress--
(A) assessing the effectiveness and value of this section;
(B) comparing the cost effectiveness of the electronic
monitoring to reduce sex offenses compared to other
alternatives; and
(C) making recommendations for continuing funding and the
appropriate levels for such funding.

SEC. 622. TREATMENT AND MANAGEMENT OF SEX OFFENDERS IN THE
BUREAU OF PRISONS.

Section 3621 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(f) Sex Offender Management.--
``(1) In general.--The Bureau of Prisons shall make
available appropriate treatment to sex offenders who are in
need of and suitable for treatment, as follows:
``(A) Sex offender management programs.--The Bureau of
Prisons shall establish non-residential sex offender
management programs to provide appropriate treatment,
monitoring, and supervision of sex offenders and to provide
aftercare during pre-release custody.
``(B) Residential sex offender treatment programs.--The
Bureau of Prisons shall establish residential sex offender
treatment programs to provide treatment to sex offenders who
volunteer for such programs and are deemed by the Bureau of
Prisons to be in need of and suitable for residential
treatment.
``(2) Regions.--At least 1 sex offender management program
under paragraph (1)(A), and at least one residential sex
offender treatment program under paragraph (1)(B), shall be
established in each region within the Bureau of Prisons.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to the Bureau of Prisons for
each fiscal year such sums as may be necessary to carry out
this subsection.''.

SEC. 623. SEX OFFENDER APPREHENSION GRANTS; JUVENILE SEX
OFFENDER TREATMENT GRANTS.

Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 is amended by adding at the end the following new
part:

``PART X--SEX OFFENDER APPREHENSION GRANTS; JUVENILE SEX OFFENDER
TREATMENT GRANTS

``SEC. 3011. SEX OFFENDER APPREHENSION GRANTS.

``(a) Authority To Make Sex Offender Apprehension Grants.--
``(1) In general.--From amounts made available to carry out
this part, the Attorney General may make grants to States,
units of local government, Indian tribal governments, other
public and private entities, and multi-jurisdictional or
regional consortia thereof for activities specified in
paragraph (2).
``(2) Covered activities.--An activity referred to in
paragraph (1) is any program, project, or other activity to
assist a State in enforcing sex offender registration
requirements.
``(b) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary
for fiscal years 2007 through 2009 to carry out this part.

``SEC. 3012. JUVENILE SEX OFFENDER TREATMENT GRANTS.

``(a) Authority To Make Juvenile Sex Offender Treatment
Grants.--
``(1) In general.--From amounts made available to carry out
this part, the Attorney General may make grants to units of
local government, Indian tribal governments, correctional
facilities, other public and private entities, and
multijurisdictional or regional consortia thereof for
activities specified in paragraph (2).
``(2) Covered activities.--An activity referred to in
paragraph (1) is any program, project, or other activity to
assist in the treatment of juvenile sex offenders.
``(b) Juvenile Sex Offender Defined.--For purposes of this
section, the term `juvenile sex offender' is a sex offender
who had not attained the age of 18 years at the time of his
or her offense.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated $10,000,000 for each of fiscal
years 2007 through 2009 to carry out this part.''.

SEC. 624. ASSISTANCE FOR PROSECUTION OF CASES CLEARED THROUGH
USE OF DNA BACKLOG CLEARANCE FUNDS.

(a) In General.--The Attorney General may make grants to
train and employ personnel to help prosecute cases cleared
through use of funds provided for DNA backlog elimination.
(b) Authorization.--There are authorized to be appropriated
such sums as may be necessary for each of fiscal years 2007
through 2011 to carry out this section.

SEC. 625. GRANTS TO COMBAT SEXUAL ABUSE OF CHILDREN.

(a) In General.--The Bureau of Justice Assistance is
authorized to make grants under this section--
(1) to any law enforcement agency that serves a
jurisdiction with 50,000 or more residents; and
(2) to any law enforcement agency that serves a
jurisdiction with fewer than 50,000 residents, upon a showing
of need.
(b) Use of Grant Amounts.--Grants under this section may be
used by the law enforcement agency to--
(1) hire additional law enforcement personnel or train
existing staff to combat the sexual abuse of children through
community education and outreach, investigation of
complaints, enforcement of laws relating to sex offender
registries, and management of released sex offenders;
(2) investigate the use of the Internet to facilitate the
sexual abuse of children; and
(3) purchase computer hardware and software necessary to
investigate sexual abuse of children over the Internet,
access local, State, and Federal databases needed to
apprehend sex offenders, and facilitate the creation and
enforcement of sex offender registries.
(c) Criteria.--The Attorney General shall give priority to
law enforcement agencies making a showing of need.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for fiscal
years 2007 through 2009 to carry out this section.

SEC. 626. CRIME PREVENTION CAMPAIGN GRANT.

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

``CHAPTER 4--GRANTS TO PRIVATE ENTITIES

``SEC. 519. CRIME PREVENTION CAMPAIGN GRANT.

``(a) Grant Authorization.--The Attorney General may
provide a grant to a national private, nonprofit organization
that has expertise in promoting crime prevention through
public outreach and media campaigns in coordination with law
enforcement agencies and other local government officials,
and representatives of community public interest
organizations, including schools and youth-serving
organizations, faith-based, and victims' organizations and
employers.
``(b) Application.--To request a grant under this section,
an organization described in subsection (a) shall submit an
application to the Attorney General in such form and
containing such information as the Attorney General may
require.
``(c) Use of Funds.--An organization that receives a grant
under this section shall--
``(1) create and promote national public communications
campaigns;
``(2) develop and distribute publications and other
educational materials that promote crime prevention;
``(3) design and maintain web sites and related web-based
materials and tools;
``(4) design and deliver training for law enforcement
personnel, community leaders, and other partners in public
safety and hometown security initiatives;
``(5) design and deliver technical assistance to States,
local jurisdictions, and crime prevention practitioners and
associations;
``(6) coordinate a coalition of Federal, national, and
statewide organizations and communities supporting crime
prevention;
``(7) design, deliver, and assess demonstration programs;
``(8) operate McGruff-related programs, including McGruff
Club;
``(9) operate the Teens, Crime, and Community Program; and
``(10) evaluate crime prevention programs and trends.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) for fiscal year 2007, $7,000,000;
``(2) for fiscal year 2008, $8,000,000;
``(3) for fiscal year 2009, $9,000,000; and
``(4) for fiscal year 2010, $10,000,000.''.

SEC. 627. GRANTS FOR FINGERPRINTING PROGRAMS FOR CHILDREN.

(a) In General.--The Attorney General shall establish and
implement a program under which the Attorney General may make
grants to States, units of local government, and Indian
tribal governments in accordance with this section.
(b) Use of Grant Amounts.--A grant made to a State, unit of
local government, or Indian tribal government under
subsection (a) shall be distributed to law enforcement
agencies within the jurisdiction of such State, unit, or
tribal government to be used for any of the following
activities:
(1) To establish a voluntary fingerprinting program for
children, which may include the taking of palm prints of
children.
(2) To hire additional law enforcement personnel, or train
existing law enforcement personnel, to take fingerprints of
children.
(3) To provide information within the community involved
about the existence of such a fingerprinting program.

[[Page H5719]]

(4) To provide for computer hardware, computer software, or
other materials necessary to carry out such a fingerprinting
program.
(c) Limitation.--Fingerprints of a child derived from a
program funded under this section--
(1) may be released only to a parent or guardian of the
child; and
(2) may not be copied or retained by any Federal, State,
local, or tribal law enforcement officer unless written
permission is given by the parent or guardian.
(d) Criminal Penalty.--Any person who uses the fingerprints
of a child derived from a program funded under this section
for any purpose other than the purpose described in
subsection (c)(1) shall be subject to imprisonment for not
more than 1 year, a fine under title 18, United States Code,
or both.
(e) Authorization of Appropriations.--There is authorized
to be appropriated $20,000,000 to carry out this section for
the 5-year period beginning on the first day of fiscal year
2007.

SEC. 628. GRANTS FOR RAPE, ABUSE & INCEST NATIONAL NETWORK.

(a) Findings.--Congress finds as follows:
(1) More than 200,000 Americans each year are victims of
sexual assault, according to the Department of Justice.
(2) In 2004, 1 American was sexually assaulted every 2.5
minutes.
(3) One of every 6 women, and 1 of every 133 men, in
America has been the victim of a completed or attempted rape,
according to the Department of Justice.
(4) The Federal Bureau of Investigation ranks rape second
in the hierarchy of violent crimes for its Uniform Crime
Reports, trailing only murder.
(5) The Federal Government, through the Victims of Crime
Act, Violence Against Women Act, and other laws, has long
played a role in providing services to sexual assault victims
and in seeking policies to increase the number of rapists
brought to justice.
(6) Research suggests that sexual assault victims who
receive counseling support are more likely to report their
attack to the police and to participate in the prosecution of
the offender.
(7) Due in part to the combined efforts of law enforcement
officials at the local, State, and Federal level, as well as
the efforts of the Rape, Abuse & Incest National Network
(RAINN) and its affiliated rape crisis centers across the
United States, sexual violence in America has fallen by more
than half since 1994.
(8) RAINN, a 501(c)(3) nonprofit corporation headquartered
in the District of Columbia, has since 1994 provided help to
victims of sexual assault and educated the public about
sexual assault prevention, prosecution, and recovery.
(9) RAINN established and continues to operate the National
Sexual Assault Hotline, a free, confidential telephone
hotline that provides help, 24 hours a day, to victims
nationally.
(10) More than 1,100 local rape crisis centers in the 50
States and the District of Columbia partner with RAINN and
are members of the National Sexual Assault Hotline network
(which has helped more than 970,000 people since its
inception in 1994).
(11) To better serve victims of sexual assault, 80 percent
of whom are under age 30 and 44 percent of whom are under age
18, RAINN will soon launch the National Sexual Assault Online
Hotline, the web's first secure hotline service offering live
help 24 hours a day.
(12) Congress and the Department of Justice have given
RAINN funding to conduct its crucial work.
(13) RAINN is a national model of public/private
partnership, raising private sector funds to match
congressional appropriations and receiving extensive private
in-kind support, including advanced technology provided by
the communications and technology industries to launch the
National Sexual Assault Hotline and the National Sexual
Assault Online Hotline.
(14) Worth magazine selected RAINN as one of ``America's
100 Best Charities'', in recognition of the organization's
``efficiency and effectiveness.''
(15) In fiscal year 2005, RAINN spent more than 91 cents of
every dollar received directly on program services.
(16) The demand for RAINN's services is growing
dramatically, as evidenced by the fact that, in 2005, the
National Sexual Assault Hotline helped 137,039 people, an
all-time record.
(17) The programs sponsored by RAINN and its local
affiliates have contributed to the increase in the percentage
of victims who report their rape to law enforcement.
(18) According to a recent poll, 92 percent of American
women said that fighting sexual and domestic violence should
be a top public policy priority (a higher percentage than
chose health care, child care, or any other issue).
(19) Authorizing Federal funds for RAINN's national
programs would promote continued progress with this
interstate problem and would make a significant difference in
the prosecution of rapists and the overall incidence of
sexual violence.
(b) Duties and Functions of the Administrator.--
(1) Description of activities.--The Administrator shall--
(A) issue such rules as the Administrator considers
necessary or appropriate to carry out this section;
(B) make such arrangements as may be necessary and
appropriate to facilitate effective coordination among all
Federally funded programs relating to victims of sexual
assault; and
(C) provide adequate staff and agency resources which are
necessary to properly carry out the responsibilities pursuant
to this section.
(2) Annual grant to rape, abuse & incest national
network.--The Administrator shall annually make a grant to
RAINN, which shall be used for the performance of the
organization's national programs, which may include--
(A) operation of the National Sexual Assault Hotline, a 24-
hour toll-free telephone line by which individuals may
receive help and information from trained volunteers;
(B) operation of the National Sexual Assault Online
Hotline, a 24-hour free online service by which individuals
may receive help and information from trained volunteers;
(C) education of the media, the general public, and
populations at risk of sexual assault about the incidence of
sexual violence and sexual violence prevention, prosecution,
and recovery;
(D) dissemination, on a national basis, of information
relating to innovative and model programs, services, laws,
legislation, and policies that benefit victims of sexual
assault; and
(E) provision of technical assistance to law enforcement
agencies, State and local governments, the criminal justice
system, public and private nonprofit agencies, and
individuals in the investigation and prosecution of cases
involving victims of sexual assault.
(c) Definitions.--For the purposes of this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Office of Juvenile Justice and
Delinquency Prevention.
(2) Rainn.--The term ``RAINN'' means the Rape, Abuse &
Incest National Network, a 501(c)(3) nonprofit corporation
headquartered in the District of Columbia.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section, $3,000,000 for each of fiscal years 2007 through
2010.

SEC. 629. CHILDREN'S SAFETY ONLINE AWARENESS CAMPAIGNS.

(a) Awareness Campaign for Children's Safety Online.--
(1) In general.--The Attorney General, in consultation with
the National Center for Missing and Exploited Children, is
authorized to develop and carry out a public awareness
campaign to demonstrate, explain, and encourage children,
parents, and community leaders to better protect children
when such children are on the Internet.
(2) Required components.--The public awareness campaign
described under paragraph (1) shall include components that
compliment and reinforce the campaign message in a variety of
media, including the Internet, television, radio, and
billboards.
(b) Awareness Campaign Regarding the Accessibility and
Utilization of Sex Offender Registries.--The Attorney
General, in consultation with the National Center for Missing
and Exploited Children, is authorized to develop and carry
out a public awareness campaign to demonstrate, explain, and
encourage parents and community leaders to better access and
utilize the Federal and State sex offender registries.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as are
necessary for fiscal years 2007 through 2011.

SEC. 630. GRANTS FOR ONLINE CHILD SAFETY PROGRAMS.

(a) In General.--The Attorney General shall, subject to the
availability of appropriations, make grants to States, units
of local government, and nonprofit organizations for the
purposes of establishing and maintaining programs with
respect to improving and educating children and parents in
the best ways for children to be safe when on the Internet.
(b) Definition of State.--For purposes of this section, the
term ``State'' means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as are
necessary for fiscal years 2007 through 2011.

SEC. 631. JESSICA LUNSFORD ADDRESS VERIFICATION GRANT
PROGRAM.

(a) Establishment.--There is established the Jessica
Lunsford Address Verification Grant Program (hereinafter in
this section referred to as the ``Program'').
(b) Grants Authorized.--Under the Program, the Attorney
General is authorized to award grants to State, local
governments, and Indian tribal governments to assist in
carrying out programs requiring an appropriate official to
verify, at appropriate intervals, the residence of all or
some registered sex offenders.
(c) Application.--
(1) In general.--Each State or local government seeking a
grant under this section shall submit an application to the
Attorney General at such time, in such manner, and
accompanied by such information as the Attorney General may
reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities for which assistance under this
section is sought; and
(B) provide such additional assurances as the Attorney
General determines to be essential to ensure compliance with
the requirements of this section.
(d) Innovation.--In making grants under this section, the
Attorney General shall ensure that different approaches to
address verification are funded to allow an assessment of
effectiveness.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
for each of the fiscal years 2007 through 2009 such sums as
may be necessary to carry out this section.
(2) Report.--Not later than April 1, 2009, the Attorney
General shall report to Congress--
(A) assessing the effectiveness and value of this section;
(B) comparing the cost effectiveness of address
verification to reduce sex offenses compared to other
alternatives; and

[[Page H5720]]

SEC. 632. FUGITIVE SAFE SURRENDER.

(a) Findings.--Congress finds the following:
(1) Fugitive Safe Surrender is a program of the United
States Marshals Service, in partnership with public, private,
and faith-based organizations, which temporarily transforms a
church into a courthouse, so fugitives can turn themselves
in, in an atmosphere where they feel more comfortable to do
so, and have nonviolent cases adjudicated immediately.
(2) In the 4-day pilot program in Cleveland, Ohio, over 800
fugitives turned themselves in. By contrast, a successful
Fugitive Task Force sweep, conducted for 3 days after
Fugitive Safe Surrender, resulted in the arrest of 65
individuals.
(3) Fugitive Safe Surrender is safer for defendants, law
enforcement, and innocent bystanders than needing to conduct
a sweep.
(4) Based upon the success of the pilot program, Fugitive
Safe Surrender should be expanded to other cities throughout
the United States.
(b) Establishment.--The United States Marshals Service
shall establish, direct, and coordinate a program (to be
known as the ``Fugitive Safe Surrender Program''), under
which the United States Marshals Service shall apprehend
Federal, State, and local fugitives in a safe, secure, and
peaceful manner to be coordinated with law enforcement and
community leaders in designated cities throughout the United
States.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the United States Marshals Service to
carry out this section--
(1) $3,000,000 for fiscal year 2007;
(2) $5,000,000 for fiscal year 2008; and
(3) $8,000,000 for fiscal year 2009.
(d) Other Existing Applicable Law.--Nothing in this section
shall be construed to limit any existing authority under any
other provision of Federal or State law for law enforcement
agencies to locate or apprehend fugitives through task forces
or any other means.

SEC. 633. NATIONAL REGISTRY OF SUBSTANTIATED CASES OF CHILD
ABUSE.

(a) In General.--The Secretary of Health and Human
Services, in consultation with the Attorney General, shall
create a national registry of substantiated cases of child
abuse or neglect.
(b) Information.--
(1) Collection.--The information in the registry described
in subsection (a) shall be supplied by States and Indian
tribes, or, at the option of a State, by political
subdivisions of such State, to the Secretary of Health and
Human Services.
(2) Type of information.--The registry described in
subsection (a) shall collect in a central electronic registry
information on persons reported to a State, Indian tribe, or
political subdivision of a State as perpetrators of a
substantiated case of child abuse or neglect.
(c) Scope of Information.--
(1) In general.--
(A) Treatment of reports.--The information to be provided
to the Secretary of Health and Human Services under this
section shall relate to substantiated reports of child abuse
or neglect.
(B) Exception.--If a State, Indian tribe, or political
subdivision of a State has an electronic register of cases of
child abuse or neglect equivalent to the registry established
under this section that it maintains pursuant to a
requirement or authorization under any other provision of
law, the information provided to the Secretary of Health and
Human Services under this section shall be coextensive with
that in such register.
(2) Form.--Information provided to the Secretary of Health
and Human Services under this section--
(A) shall be in a standardized electronic form determined
by the Secretary of Health and Human Services; and
(B) shall contain case-specific identifying information
that is limited to the name of the perpetrator and the nature
of the substantiated case of child abuse or neglect, and that
complies with clauses (viii) and (ix) of section 106(b)(2)(A)
of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106(b)(2)(A) (viii) and (ix)).
(d) Construction.--This section shall not be construed to
require a State, Indian tribe, or political subdivision of a
State to modify--
(1) an equivalent register of cases of child abuse or
neglect that it maintains pursuant to a requirement or
authorization under any other provision of law; or
(2) any other record relating to child abuse or neglect,
regardless of whether the report of abuse or neglect was
substantiated, unsubstantiated, or determined to be
unfounded.
(e) Accessibility.--Information contained in the national
registry shall only be accessible to any Federal, State,
Indian tribe, or local government entity, or any agent of
such entities, that has a need for such information in order
to carry out its responsibilities under law to protect
children from child abuse and neglect.
(f) Dissemination.--The Secretary of Health and Human
Services shall establish standards for the dissemination of
information in the national registry of substantiated cases
of child abuse or neglect. Such standards shall comply with
clauses (viii) and (ix) of section 106(b)(2)(A) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106(b)(2)(A)
(viii) and (ix)).
(g) Study.--
(1) In general.--The Secretary of Health and Human Services
shall conduct a study on the feasibility of establishing data
collection standards for a national child abuse and neglect
registry with recommendations and findings concerning--
(A) costs and benefits of such data collection standards;
(B) data collection standards currently employed by each
State, Indian tribe, or political subdivision of a State;
(C) data collection standards that should be considered to
establish a model of promising practices; and
(D) a due process procedure for a national registry
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to the Committees on the Judiciary in the House
of Representatives and the United States Senate and the
Senate Committee on Health, Education, Labor and Pensions and
the House Committee on Education and the Workforce a report
containing the recommendations and findings of the study on
data collection standards for a national child abuse registry
authorized under this subsection.
(3) Authorization of appropriations.--There is authorized
to be appropriated $500,000 for the period of fiscal years
2006 and 2007 to carry out the study required by this
subsection.

SEC. 634. COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES.

(a) In General.--The National Institute of Justice shall
conduct a comprehensive study to examine the control,
prosecution, treatment, and monitoring of sex offenders, with
a particular focus on--
(1) the effectiveness of the Sex Offender Registration and
Notification Act in increasing compliance with sex offender
registration and notification requirements, and the costs and
burdens associated with such compliance;
(2) the effectiveness of sex offender registration and
notification requirements in increasing public safety, and
the costs and burdens associated with such requirements;
(3) the effectiveness of public dissemination of sex
offender information on the Internet in increasing public
safety, and the costs and burdens associated with such
dissemination; and
(4) the effectiveness of treatment programs in reducing
recidivism among sex offenders, and the costs and burdens
associated with such programs.
(b) Recommendations.--The study described in subsection (a)
shall include recommendations for reducing the number of sex
crimes against children and adults and increasing the
effectiveness of registration requirements.
(c) Reports.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, the National Institute of Justice
shall report the results of the study conducted under
subsection (a) together with findings to Congress, through
the Internet to the public, to each of the 50 governors, to
the Mayor of the District of Columbia, to territory heads,
and to the top official of the various Indian tribes.
(2) Interim reports.--The National Institute of Justice
shall submit yearly interim reports.
(d) Appropriations.--There are authorized to be
appropriated $3,000,000 to carry out this section.

SEC. 635. ANNUAL REPORT ON ENFORCEMENT OF REGISTRATION
REQUIREMENTS.

Not later than July 1 of each year, the Attorney General
shall submit a report to Congress describing--
(1) the use by the Department of Justice of the United
States Marshals Service to assist jurisdictions in locating
and apprehending sex offenders who fail to comply with sex
offender registration requirements, as authorized by this
Act;
(2) the use of section 2250 of title 18, United States Code
(as added by section 151 of this Act), to punish offenders
for failure to register;
(3) a detailed explanation of each jurisdiction's
compliance with the Sex Offender Registration and
Notification Act;
(4) a detailed description of Justice Department efforts to
ensure compliance and any funding reductions, the basis for
any decision to reduce funding or not to reduce funding under
section 125; and
(5) the denial or grant of any extensions to comply with
the Sex Offender Registration and Notification Act, and the
reasons for such denial or grant.

SEC. 636. GOVERNMENT ACCOUNTABILITY OFFICE STUDIES ON
FEASIBILITY OF USING DRIVER'S LICENSE
REGISTRATION PROCESSES AS ADDITIONAL
REGISTRATION REQUIREMENTS FOR SEX OFFENDERS.

For the purposes of determining the feasibility of using
driver's license registration processes as additional
registration requirements for sex offenders to improve the
level of compliance with sex offender registration
requirements for change of address upon relocation and other
related updates of personal information, the Congress
requires the following studies:
(1) Not later than 180 days after the date of the enactment
of this Act, the Government Accountability Office shall
complete a study for the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives to survey a majority of the States to assess
the relative systems capabilities to comply with a Federal
law that required all State driver's license systems to
automatically access State and national databases of
registered sex offenders in a form similar to the requirement
of the Nevada law described in paragraph (2). The Government
Accountability Office shall use the information drawn from
this survey, along with other expert sources, to determine
what the potential costs to the States would be if such a
Federal law came into effect, and what level of Federal
grants would be required to prevent an unfunded mandate. In
addition, the Government Accountability Office shall seek the
views of Federal and State law enforcement agencies,
including in particular

[[Page H5721]]

the Federal Bureau of Investigation, with regard to the
anticipated effects of such a national requirement, including
potential for undesired side effects in terms of actual
compliance with this Act and related laws.
(2) Not later than February 1, 2007, the Government
Accountability Office shall complete a study to evaluate the
provisions of Chapter 507 of Statutes of Nevada 2005 to
determine--
(A) if those provisions are effective in increasing the
registration compliance rates of sex offenders;
(B) the aggregate direct and indirect costs for the State
of Nevada to bring those provisions into effect; and
(C) how those provisions might be modified to improve
compliance by registered sex offenders.

SEC. 637. SEX OFFENDER RISK CLASSIFICATION STUDY.

(a) Study.--The Attorney General shall conduct a study of
risk-based sex offender classification systems, which shall
include an analysis of--
(1) various risk-based sex offender classification systems;
(2) the methods and assessment tools available to assess
the risks posed by sex offenders;
(3) the efficiency and effectiveness of risk-based sex
offender classification systems, in comparison to offense-
based sex offender classification systems, in--
(A) reducing threats to public safety posed by sex
offenders; and
(B) assisting law enforcement agencies and the public in
identifying the most dangerous sex offenders;
(4) the resources necessary to implement, and the legal
implications of implementing, risk-based sex offender
classification systems for sex offender registries; and
(5) any other information the Attorney General determines
necessary to evaluate risk-based sex offender classification
systems.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Attorney General shall report to
the Congress the results of the study under this section.
(c) Study Conducted by Task Force.--The Attorney General
may establish a task force to conduct the study and prepare
the report required under this section. Any task force
established under this section shall be composed of members,
appointed by the Attorney General, who--
(1) represent national, State, and local interests; and
(2) are especially qualified to serve on the task force by
virtue of their education, training, or experience,
particularly in the fields of sex offender management,
community education, risk assessment of sex offenders, and
sex offender victim issues.

SEC. 638. STUDY OF THE EFFECTIVENESS OF RESTRICTING THE
ACTIVITIES OF SEX OFFENDERS TO REDUCE THE
OCCURRENCE OF REPEAT OFFENSES.

(a) Study.--The Attorney General shall conduct a study to
evaluate the effectiveness of monitoring and restricting the
activities of sex offenders to reduce the occurrence of
repeat offenses by such sex offenders, through conditions
imposed as part of supervised release or probation
conditions. The study shall evaluate--
(1) the effectiveness of methods of monitoring and
restricting the activities of sex offenders, including
restrictions--
(A) on the areas in which sex offenders can reside, work,
and attend school;
(B) limiting access by sex offenders to the Internet or to
specific Internet sites; and
(C) preventing access by sex offenders to pornography and
other obscene materials;
(2) the ability of law enforcement agencies and courts to
enforce such restrictions; and
(3) the efficacy of any other restrictions that may reduce
the occurrence of repeat offenses by sex offenders.
(b) Report.--Not later than 6 months after the date of
enactment of this Act, the Attorney General shall report to
the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate the results of the study under this section.

SEC. 639. THE JUSTICE FOR CRIME VICTIMS FAMILY ACT.

(a) Short Title.--This section may be cited as the
``Justice for Crime Victims Family Act''.
(b) Study of Measures Needed To Improve Performance of
Homicide Investigators.--Not later than 6 months after the
date of the enactment of this Act, the Attorney General shall
submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate a report--
(1) outlining what measures are needed to improve the
performance of Federal, State, and local criminal
investigators of homicide; and
(2) including an examination of--
(A) the benefits of increasing training and resources for
such investigators, with respect to investigative techniques,
best practices, and forensic services;
(B) the existence of any uniformity among State and local
jurisdictions in the measurement of homicide rates and
clearance of homicide cases;
(C) the coordination in the sharing of information among
Federal, State, and local law enforcement and coroners and
medical examiners; and
(D) the sources of funding that are in existence on the
date of the enactment of this Act for State and local
criminal investigators of homicide.
(c) Improvements Needed for Solving Homicides Involving
Missing Persons and Unidentified Human Remains.--Not later
than 6 months after the date of the enactment of this Act,
the Attorney General shall submit to the Committee on the
Judiciary of the House of Representatives and the Committee
on the Judiciary of the Senate a report--
(1) evaluating measures to improve the ability of Federal,
State, and local criminal investigators of homicide to solve
homicides involving missing persons and unidentified human
remains; and
(2) including an examination of--
(A) measures to expand national criminal records databases
with accurate information relating to missing persons and
unidentified human remains;
(B) the collection of DNA samples from potential `high-
risk' missing persons;
(C) the benefits of increasing access to national criminal
records databases for medical examiners and coroners;
(D) any improvement in the performance of postmortem
examinations, autopsies, and reporting procedures of
unidentified persons or remains;
(E) any coordination between the National Center for
Missing Children and the National Center for Missing Adults;
(F) website postings (or other uses of the Internet) of
information of identifiable information such as physical
features and characteristics, clothing, and photographs of
missing persons and unidentified human remains; and
(G) any improvement with respect to--
(i) the collection of DNA information for missing persons
and unidentified human remains; and
(ii) entering such information into the Combined DNA Index
System of the Federal Bureau of Investigation and national
criminal records databases.

TITLE VII--INTERNET SAFETY ACT

SEC. 701. CHILD EXPLOITATION ENTERPRISES.

Section 2252A of title 18, United States Code, is amended
by adding at the end the following:
``(g) Child Exploitation Enterprises.--
``(1) Whoever engages in a child exploitation enterprise
shall be fined under this title and imprisoned for any term
of years not less than 20 or for life.
``(2) A person engages in a child exploitation enterprise
for the purposes of this section if the person violates
section 1591, section 1201 if the victim is a minor, or
chapter 109A (involving a minor victim), 110 (except for
sections 2257 and 2257A), or 117 (involving a minor victim),
as a part of a series of felony violations constituting three
or more separate incidents and involving more than one
victim, and commits those offenses in concert with three or
more other persons.''.

SEC. 702. INCREASED PENALTIES FOR REGISTERED SEX OFFENDERS.

(a) Offense.--Chapter 110 of title 18, United States Code,
is amended by adding at the end the following:

``Sec. 2260A. Penalties for registered sex offenders

``Whoever, being required by Federal or other law to
register as a sex offender, commits a felony offense
involving a minor under section 1201, 1466A, 1470, 1591,
2241, 2242, 2243, 2244, 2245, 2251, 2251A, 2260, 2421, 2422,
2423, or 2425, shall be sentenced to a term of imprisonment
of 10 years in addition to the imprisonment imposed for the
offense under that provision. The sentence imposed under this
section shall be consecutive to any sentence imposed for the
offense under that provision.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 110 of title 18, United States Code, is
amended by adding at the end the following new item:

``2260A. Increased penalties for registered sex offenders.''.

SEC. 703. DECEPTION BY EMBEDDED WORDS OR IMAGES.

(a) In General.--Chapter 110 of title 18, United States
Code, is amended by inserting after section 2252B the
following:

``Sec. 2252C. Misleading words or digital images on the
Internet

``(a) In General.--Whoever knowingly embeds words or
digital images into the source code of a website with the
intent to deceive a person into viewing material constituting
obscenity shall be fined under this title and imprisoned for
not more than 10 years.
``(b) Minors.--Whoever knowingly embeds words or digital
images into the source code of a website with the intent to
deceive a minor into viewing material harmful to minors on
the Internet shall be fined under this title and imprisoned
for not more than 20 years.
``(c) Construction.--For the purposes of this section, a
word or digital image that clearly indicates the sexual
content of the site, such as `sex' or `porn', is not
misleading.
``(d) Definitions.--As used in this section--
``(1) the terms `material that is harmful to minors' and
`sex' have the meaning given such terms in section 2252B; and
``(2) the term `source code' means the combination of text
and other characters comprising the content, both viewable
and nonviewable, of a web page, including any website
publishing language, programming language, protocol or
functional content, as well as any successor languages or
protocols.''.
(b) Table of Sections.--The table of sections for chapter
110 of title 18, United States Code, is amended by inserting
after the item relating to section 2252B the following:

``2252C. Misleading words or digital images on the Internet.''.

SEC. 704. ADDITIONAL PROSECUTORS FOR OFFENSES RELATING TO THE
SEXUAL EXPLOITATION OF CHILDREN.

(a) Definition.--In this section, the term ``offenses
relating to the sexual exploitation of children'' shall
include any offense committed in violation of--
(1) chapter 71 of title 18, United States Code, involving
an obscene visual depiction of a minor, or transfer of
obscene materials to a minor;
(2) chapter 109A of title 18, United States Code, involving
a victim who is a minor;

[[Page H5722]]

(3) chapter 109B of title 18, United States Code;
(4) chapter 110 of title 18, United States Code;
(5) chapter 117 of title 18, United States Code involving a
victim who is a minor; and
(6) section 1591 of title 18, United States Code.
(b) Additional Prosecutors.--In fiscal year 2007, the
Attorney General shall, subject to the availability of
appropriations for such purposes, increase by not less than
200 the number of attorneys in United States Attorneys'
Offices. The additional attorneys shall be assigned to
prosecute offenses relating to the sexual exploitation of
children.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Department of Justice for fiscal
year 2007 such sums as may be necessary to carry out this
section.

SEC. 705. ADDITIONAL COMPUTER-RELATED RESOURCES.

(a) Department of Justice Resources.--In fiscal year 2007,
the Attorney General shall, subject to the availability of
appropriations for such purposes, increase by not less than
30 the number of computer forensic examiners within the
Regional Computer Forensic Laboratories (RCFL). The
additional computer forensic examiners shall be dedicated to
investigating crimes involving the sexual exploitation of
children and related offenses.
(b) Department of Homeland Security Resources.--In fiscal
year 2007, the Secretary of Homeland Security shall, subject
to the availability of appropriations for such purposes,
increase by not less than 15 the number of computer forensic
examiners within the Cyber Crimes Center (C3). The additional
computer forensic examiners shall be dedicated to
investigating crimes involving the sexual exploitation of
children and related offenses.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Department of Justice and the
Department of Homeland Security for fiscal year 2007 such
sums as may be necessary to carry out this section.

SEC. 706. ADDITIONAL ICAC TASK FORCES.

(a) Additional Task Forces.--In fiscal year 2007, the
Administrator of the Office of Juvenile Justice and
Delinquency Prevention shall, subject to the availability of
appropriations for such purpose, increase by not less than 10
the number of Internet Crimes Against Children Task Forces
that are part of the Internet Crimes Against Children Task
Force Program authorized and funded under title IV of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5771 et seq.). These Task Forces shall be in addition
to the ones authorized in section 143 of this Act.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Administrator of the Office of
Juvenile Justice and Delinquency Prevention for fiscal year
2007 such sums as may be necessary to carry out this section.

SEC. 707. MASHA'S LAW.

(a) Short Title.--This section may be cited as ``Masha's
Law''.
(b) In General.--Section 2255(a) of title 18, United States
Code, is amended--
(1) in the first sentence--
(A) by striking ``(a) Any minor who is'' and inserting the
following:
``(a) In General.--Any person who, while a minor, was'';
(B) by inserting after ``such violation'' the following:
``, regardless of whether the injury occurred while such
person was a minor,''; and
(C) by striking ``such minor'' and inserting ``such
person''; and
(2) in the second sentence--
(A) by striking ``Any minor'' and inserting ``Any person'';
and
(B) by striking ``$50,000'' and inserting ``$150,000''.
(c) Conforming Amendment.--Section 2255(b) of title 18,
United States Code, is amended by striking ``(b) Any action''
and inserting the following:
``(b) Statute of Limitations.--Any action''.

Amend the title so as to read: ``An Act to protect
children from sexual exploitation and violent crime, to
prevent child abuse and child pornography, to promote
Internet safety, and to honor the memory of Adam Walsh and
other child crime victims.''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Sensenbrenner) and the gentleman from Virginia (Mr.
Scott) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin.

General Leave

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous materials on H.R. 4472, currently
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I had a lengthy statement that I wanted to put in the
Record, but we have a lot of demands for speakers, so I will be brief
and include the full statement in the Record under general leave.
I rise in strong support of H.R. 4472, the Adam Walsh Child
Protection and Safety Act of 2006. The continued vulnerability of
America's children to sexual predators is a national tragedy that
demands strong congressional action. During the 109th Congress, the
House has twice passed broad child safety legislation; in September
2005 and then in March of this year. I want to commend the other body
for recognizing the importance of following the House's lead to address
this issue.
Mr. Speaker, H.R. 4472 contains strict national offender registration
and data sharing requirements to ensure that law enforcement agencies
in America's communities know where sex offenders live and work, and to
provide stiff criminal penalties for sex offenders who fail to comply
with these enhanced registration requirements. This legislation would
make it crystal clear to sex offenders: You better register, you better
keep the information current, or you are going to jail.
The bill also increases criminal penalties to punish and deter those
who prey on children, and it authorizes important grant programs that
will help ensure the safety of our Nation's children.
Mr. Speaker, 25 years ago, John and Reve Walsh suffered the
devastating loss of their 6-year-old son, Adam, who was abducted and
murdered by a child predator. With courage and determination, the
Walshes channeled the grief of their son's loss into a national
campaign to spare other families from ever facing the pain they will
always endure.
And I would just like to point out that in the well, there is a
picture of this darling child who was brutally murdered.
Their quarter century of sacrifice has made America's children safer,
and it is in the memory of their son Adam that this legislation is
named.
Mr. Speaker, the Adam Walsh Child Protection and Safety Act of 2006
represents the most comprehensive Federal child safety legislation ever
considered by this House. It reflects this body's boldest commitment
yet to protecting America's children against sexual predators.
I urge my colleagues to vote ``yes'' on the motion to suspend the
rules and send this vital and historic legislation to the President's
desk for his signature.
Mr. Speaker, I rise in strong support of H.R. 4472, the Adam Walsh
Child Protection and Safety Act of 2006.
Adam Walsh, Jacob Wetterling, Megan Nicole Kanka, Pam Lychner,
Jetseta Gage, Dru Sjodin, Jessica Lunsford, Sarah Lunde, Amie Zyla,
Christy Fornoff, Alexandra Nicole Zapp, Polly Klaas, Jimmy Ryce, Carlie
Brucia, Amanda Brown, Molly Bish, Elizabeth Smart, Samantha Runnion.
The names of these innocent victims are seared into the national
consciousness but only represent a fraction of children victimized by
violent sexual offenders. Their names comprise a roll call of
insufferable loss and a call to national action--the injustice of each
assault compounded by the cruel recognition that it might have been
prevented. The continued vulnerability of America's children to sexual
predators is a national tragedy demanding strong congressional action.
Mr. Speaker, H.R. 4472 responds to this urgent call.
There are over a half million sex offenders in the United States and
up to 100,000 offenders are unregistered and their locations unknown to
the public and law enforcement. H.R. 4472 contains strict national
offender registration and data sharing requirements to ensure that law
enforcement agencies and America's communities know where sex offenders
live and work. The legislation provides stiff criminal penalties for
sex offenders who fail to comply with these enhanced registration
requirements.
By requiring national registration obligations, regular updates,
frequent in-person verification, and providing tough and targeted
criminal penalties, we intend to make one thing clear to sex offenders
across this country--you better register, and you better keep the
information current, or you are going to jail. This legislation will
also utilize the United States Marshals Service in assisting States to
hunt down missing sex offenders.
To provide the public with important information concerning the
status and location of sex offenders, the bill requires States to
maintain Internet sites with accurate and accessible offender
information, and to provide timely notification of changes in sex
offender information to law enforcement authorities, as well as
educational, and other community organizations. H.R. 4472 also creates
the National Sex Offender Public Website so that anyone can search any
location in the country to determine where sex offenders are located.

[[Page H5723]]

In addition to vital improvements to the sex offender registry, the
bill increases criminal penalties to punish and deter those who prey on
children. These tough new provisions include: the death penalty for the
murder of a child; a mandatory minimum of 25 years in jail for
kidnaping or maiming a child; and a 30-year mandatory minimum for
having sex with a child under 12 or sexually assaulting a child between
13 and 17 years old. The bill would also make an alien's failure to
register a deportable offense and bar convicted alien sex offenders
from having family-based petitions approved.
In order to better protect America's children against the growing
threat of online sexual predators, the Adam Walsh Act establishes a 20-
year mandatory jail sentence for members of a child exploitation
enterprise, provides a 10-year consecutive mandatory penalty for any
sex offender who commits an offense against a child, authorizes
additional resources to prosecute child pornographers, and expands
civil remedies for sexual offenses against children. The bill also
provides new grant programs to combat sexual abuse of children,
authorizes new crime prevention campaigns, child fingerprinting
campaigns, and establishes a national registry of substantiated child
abuse cases.
Mr. Speaker, 25 years ago, John and Reve Walsh suffered the
devastating loss of their 6-year-old son Adam, who was abducted and
murdered by a child predator. With courage and determination, the
Walshes channeled the grief of their son's loss into a national
campaign to spare other families from ever facing the pain they will
always endure. Their quarter century of sacrifice has made America's
children safer, and it is in the memory of their son Adam--whose loss
galvanized their heroic service--that this legislation is named.
During the 109th Congress, the House has twice passed broad child
safety legislation in September, 2005, and in March of this year. I
commend the other body for recognizing the importance of following the
House's lead to address this issue.
Mr. Speaker, this legislation benefited greatly from the tireless
efforts of many Members of this body. I wish to thank my colleague from
Wisconsin, Mr. Green, for his efforts to further strengthen this
legislation by requiring States to include juvenile sex offenders in
these registries. The Chairman of the Subcommittee on Crime, Mr. Coble,
as well as Representatives Foley, Chabot, Pence, Harris, Gillmor, Poe,
Brown-Waite, Cramer, Graves, and Pomeroy also deserve recognition for
their important contributions to this bipartisan legislation.
Mr. Speaker, the Adam Walsh Child Protection and Safety Act of 2006
represents the most comprehensive Federal child safety legislation ever
considered by this House. It reflects this body's boldest commitment
yet to protecting America's most vulnerable and precious members--our
children--against sexual offenders. I urge my colleagues to send this
vital and historic legislation to the President's desk for his
signature.
Mr. Speaker, I would like to take a moment to recognize all of those
who worked so hard to see this bill through to completion.
From the House Judiciary Committee's Majority Staff, I would like to
specifically thank Phil Kiko, Sean McLaughlin, Rob Tracci, Brian
Benczkowski, and Katy Crooks. From the Subcommittee on Crime, Terrorism
and Homeland Security, I want to thank Michael Volkov, Caroline Lynch,
and Spencer Morgan, and Johnny Mautz from Chairman Coble's staff.
From the Leadership, I would like to thank Margaret Peterlin, from
the Speaker's Office, Jo Marie St. Martin from the Majority Leader's
Office, and April Ponnuru, from the Whip's Office.
Additional House Staff who I would like to thank are: Bobby Vassar,
counsel to Bobby Scott, Ranking Minority Member, Subcommittee on Crime,
Terrorism and Homeland Security; Bradley Schreiber of Representative
Foley's staff; Ryan Osterholm of Representative Green's staff; Ryan
Walker of Representative Gillmor's staff; Melanie Rhinehart of
Representative Pomeroy's staff; Josh Pitcock of Representative Pence's
staff; Tim Morrison of Representative Kennedy's staff; Christine Calpin
of Representative Thomas's staff; Ian Ryder of Representative
Wasserman-Schultz's staff; Whitney Rhodes and Pam Davidson of the House
Education and Workforce Committee staff; and David Cavick and Ryan
Long, of the House Energy and Commerce Committee staff.
I would also like to thank Doug Bellis from the Legislative Counsel's
Office for his dedication and assistance in the drafting of this
important legislation.
From the Senate, I would like to thank Allen Hicks and Brandi White
of Senator Frist's staff; Michael O'Neill, Matt Miner, Todd Braunstein,
of the Senate Judiciary Committee; Ken Valentine and Tom Jipping of
Senator Hatch's staff; Joe Matal of Senator Kyl's staff; James Galyean
of Senator Graham's staff; Dave Turk of Senator Biden's staff; Bruce
Cohen, Julie Katzman and Noah Bookbinder of Senator Leahy's staff,
Nicole Gustafson of Senator Grassley's staff, as well as Chad Groover,
who has since left Senator Grassley's office but who played a critical
role in developing many of the penalty enhancements included in title
II; Christine Leonard of Senator Kennedy's staff; Lara Flint of Senator
Feingold's staff; Nate Jones of Senator Kohl's staff; Sharon Beth
Kristal of Senator DeWine's staff; Reed O'Connor, Matthew Johnson and
Lynden Melmed of Senator Cornyn's staff; Jane Treat of Senator Coburn's
staff; Greg Smith of Senator Feinstein's staff; Marianne Upton of
Senator Durbin's staff; Bradley Hayes of Senator Sessions's staff;
Preet Baharara of Senator Schumer's staff.
Additionally, I want to thank Avery Mann, from America's Most Wanted,
who played a significant role; Michelle Laxalt, who took a great
personal interest in this bill and from the outside helped a great
deal. I also want to thank the National Center for Missing and
Exploited Children, especially Ernie Allen, John Libonati, Robbie
Callaway, and Carolyn Atwell-Davis, for their efforts.
Finally, I would like to pay respect to just some of the victims who
really helped with this bill: Mark and Amie Zyla from my State of
Wisconsin, who have been tireless advocates in support of this bill;
Linda Walker, the mother of Dru Sjodin; Mark Lunsford; Erin Runnion;
Marc Klass; Polly Franks, Patty Wetterling; and last but not least--
really, really, we can never thank them enough--John and Reve Walsh.
Mr. Speaker, I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the crimes committed against the children named in the
bill, those not named, and the suffering of their families is a tragedy
for all of us, yet this does not release us from the responsibility to
legislate on a sound and reasoned basis. I believe the situation is
serious and grave enough to warrant a bill that is based on approaches
that have been proven to reduce this scourge in our society, not on
sound bites that will merely pander to our emotions.
This bill focuses on establishing a national sex offender registry
and an Internet posting system for the public to allegedly track the
whereabouts of convicted and released sex offenders, and it also
includes a number of gratuitous provisions, such as eight additional
and duplicative Federal death penalties and 11 additional Federal
mandatory minimum sentences.

{time} 1145

Virtually all of the death penalty cases, as with most criminal
cases, are State cases. The cases referenced by children named in this
bill, because of the grave tragedies they have suffered, are all State
offenses, and I don't believe a single one of them would have been
covered by Federal law. But I think all the Federal cases, you would
think that all of them would be Federal cases from the provisions in
the bill.
Mr. Speaker, we recently increased Federal sex offenses penalties in
the PROTECT Act with mandatory minimums of at least 5 years and some up
to mandatory life, even in cases involving consensual sex between
teenagers. And these increases came right after the Sentencing
Commission had already increased penalties for sex offenses at the
direction of Congress. And all of these increases were Federal cases
based on the name of the crime and the political appeal of striking out
harshly against offenders.
But because of the few cases that are actually under Federal
jurisdiction, they will primarily affect Native Americans on
reservations, because all of their cases come under Federal
jurisdiction. There is no evidence that Native American offenders
warrant any harsher treatment than any other offenders.
Now, with no more basis than we had before, just the name of the
crime and the continuing political appeal of appearing tough on sex
offenders, we are again greatly increasing penalties with more death
penalties and increased mandatory minimums, including more mandatory
minimums for teenagers having consensual sex.
Now, we can all agree that 35, 45-year-old or even older persons,
enticing or transporting a minor across State lines to engage in sexual
activity is despicable and should be severely punished. However, the
mandatory minimum sentences in this bill include the

[[Page H5724]]

18-year-old high school student who entices or transports a 17-year-old
boyfriend or girlfriend across State lines.
Under the provisions of the bill, prom night in the Washington D.C.,
Virginia, and Maryland area could have nightmarish consequences. And to
show how ridiculous it could be, if two teenagers, one 18 and one 17,
engage in sexual activity without crossing a State line, you will have,
if there is any prosecution at all, it will be a misdemeanor on the
part of the 18-year-old. So we have the absurd anomaly of making what
is now an infrequently prosecuted misdemeanor into a 10-year mandatory
minimum sentence for teens who cross State lines to do it. Imposing a
10-year mandatory prison term on teenagers engaged in consensual sex is
not responsible legislating.
Rather than taking such cases out of the bill, we are told that we
should simply trust the prosecutor. Don't trust the Sentencing
Commission's discretion to set guidelines designed to reflect what
sentence should be based on the facts and circumstances of the case or
the background and role of the offender, rather than simply the name of
the case, the name of the provision. And don't trust judges to look at
the facts and circumstances of the case, the offender's role and
background and guidelines to arrive at an appropriate sentence after
hearing all of the evidence at trial. Take the discretion away from
these officials and trust prosecutors to decide when to ignore law
requiring a 10-year mandatory minimum sentence. And trust there are no
prosecutors who can be affected by issues such as local political
influences.
A few years ago, in Georgia, involving an interracial couple, a
teenager got 10 years for having consensual sex with his teenage
girlfriend.
The problem with mandatory minimum sentences is that they defy common
sense. If you deserve the mandatory minimum, you can get it. If it
violates common sense, you have to get it anyway.
Many studies have shown that mandatory minimums wasted taxpayers'
money, are unfairly applied to minorities, and violate common sense.
The jury is out as to whether publicly accessible sex offender
registers will have any beneficial effect on reducing sex crimes, but
the studies that have been done indicate that the registries do not
have any effect in reducing sex crimes. And I have seen no study that
suggests that the policy of posting the name of juvenile delinquents,
as this bill does, on the Internet, serves any constructive purpose.
Of course, programs and grants to assist children and to provide the
type of sex offender treatment that studies have been shown that can
cut recidivism in half are not in this bill.
And so, Mr. Speaker, unlike most of my colleagues we will hear from
today, I believe that we can do better than this bill to effectively
address the scourge of child sexual assault.
Most of the criminals affected by the mandatory minimums in this bill
deserve the punishment in the bill, but they would have gotten it
anyway under present law. But a 10-year mandatory minimum for
consensual prom night activities does not make sense.
Mr. Speaker, I reserve the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman
from Wisconsin (Mr. Green).
Mr. GREEN of Wisconsin. Members, I rise in favor of the Adam Walsh
Child Protection Safety Act. In my opinion, very honestly, I think this
is the most important child safety legislation in modern times.
What makes this bill so powerful is that it gives law enforcement
and, more importantly, families, vital tools for keeping our children
safer. It expands the sex offender registry. It updates it. It makes it
more usable in communities all across this country.
This legislation has the Amie Zyla Act, which I wrote with the help
of Mark and Amie Zyla.
Ten years ago, Amie Zyla was then a young girl in Waukesha,
Wisconsin. She was sexually assaulted by a 14-year-old boy. Her
assailant was released after he turned 18, but because he committed
that offense as a juvenile, law enforcement officials were not allowed
to inform the community of his presence. He went on to get a job at a
teen center, and he tragically victimized other children.
These crimes were absolutely preventable if only law enforcement had
the authority and the tools to let people know they a serious sex
offender in their midst.
Thanks to Amie's courage in telling America her story, we can now
protect the public from dangerous criminals like her assailant because
they will be included on the registry.
This great bill also contains the DNA fingerprinting provisions that
I authored. These provisions will close a loophole that have let
thousands of convicted sex offenders avoid submitting their DNA simply
because they were convicted before we had the laws on the books
requiring DNA to be taken upon their arrest and conviction.
I want to thank the chairman for his leadership in bringing this
legislation to the floor. I want to thank Mark and Amie Zyla for
telling their story. I want to thank my friend, Marc Klaas, for his
dedication to improving our child safety laws. And of course, like so
many today, I want to thank John Walsh for never giving up in the
pursuit of justice.
John, I know that the pain is still there after 25 years. But I also
know that you have lifted the lives of so many with your strong, clear
voice. Thank you for helping us get to these days. Thank you for giving
us the tools that we need to help keep family safer.
Mr. SCOTT of Virginia. Mr. Speaker, I reserve the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Indiana (Mr. Pence).
Mr. PENCE. Mr. Speaker, I thank the chairman for yielding and I thank
him from my heart, as a dad of three small children, for Chairman Jim
Sensenbrenner, once again, tenaciously achieving measurable gains in
the law to protect our families and protect our children in the Adam
Walsh Child Protection and Safety Act.
I am particularly humbled because title V of this legislation is
derived from a bill that I introduced in Congress, the first session,
the Child Pornography Prevention Act. As the title states, the intent
of my legislation is to prevent American children from becoming victims
of pornography because, as we know, child pornography is the fuel that
fires the wicked hearts of child predators, in addition to abusing the
children involved.
A main tenet of my bill is the addition of language that will fix a
technicality that so-called home pornographers have used to evade
Federal prosecutions, and it is in this legislation.
Another element of my bill is the addition of a new section to the
criminal code, section 2257(a) which adds a recordkeeping requirement
that will force producers of sexually explicit material to keep records
of the names and ages of their subjects when they are engaged in
simulated sexual activity, another measurable gain in the law for
children.
Providing law enforcement with the tools to combat child pornography
contained in this legislation is a much needed and overdue step that
must be taken to protect our kids from those in society who have no
decency, no conscience and no shame.
I urge passage of the Adam Walsh Child Protection and Safety Act of
2006. It is time to protect our kids. Today, thanks to the leadership
of Judiciary Committee Chairman Jim Sensenbrenner, we take a giant step
toward doing just that.
Mr. Speaker, before us today is the Adam Walsh Child Protection and
Safety Act of 2006 (H.R. 4472). I am a strong supporter of this
legislation, and urge and command Chairman Sensenbrenner for
tenaciously acting measurable gains for families and children again.
Title V of this legislation is derived from a bill that I introduced
in the First Session of this Congress, the Child Pornography Prevention
Act. As the title states, the intent of my legislation is to prevent
American children from becoming victims of pornography because as we
know, Mr. Speaker, the fuel that fires the wicked hearts of child
predators is child pornography.
Every day in America, children are exploited in pornography--
sometimes by those closest to them in their homes. In the home,
children are forced to pose for pornographic pictures or act in
pornographic videos by family members, family friends, caretakers and
other trusted individuals who violate that trust. These pictures and
videos are posted on the Internet or surreptitiously spread to sexual
predators.

[[Page H5725]]

A main tenet of my legislation is the addition of language that will
fix a technicality that so-called home pornographers have used to evade
federal prosecution on child pornography charges. Home pornographers
use digital cameras, Polaroid cameras and video cameras to make
pornographic pictures and videos of children, and they download child
pornography from the Internet onto their home computers. My legislation
makes clear that federal prosecutions of home pornographers can proceed
in federal courts because their activities impact interstate commerce.
This is a fix that must be made now in order to protect children at
home.
Another element of my bill is the addition of a section to the
criminal code, Section 2257A, which adds a record-keeping requirement
that will force producers of sexually explicit material to keep records
of the names and ages of their subjects when they are engaged in
simulated sexual activity.
Congress previously enacted the PROTECT Act of 2003 against the
background of Department of Justice regulations applying section 2257
to both primary and secondary producers. That fact, along with the
Act's specific reference to the regulatory definition that existed at
the time, reflected Congress' agreement with the Department of
Justice's view that it already had the authority to regulate secondary
procedures under the applicable law.

A federal court in Colorado, however, recently enjoined the
Department from enforcing the statute against secondary producers,
relying on an earlier Tenth Circuit precedent holding that Congress had
not authorized the Department to regulate secondary producers. These
decisions conflicted with an earlier D.C. Circuit decision upholding
Congress' authority to regulate secondary producers. Section 502 of the
bill is meant to eliminate any doubt that section 2257 applies both to
primary and secondary producers, and to reflect Congress' agreement
with the regulatory approach adopted by the Department of Justice in
enforcing the statute.
My bill goes a step further by requiring that records be kept for
lascivious exhibitions--nude photographs and displays. No child should
be used in either nude pictures or sexually explicit materials because
these items only serve to inflame the prurient interest in child
predators. Requiring that records be kept will serve as a deterrent.
Additionally, my bill requires that the records be made available to
investigators for inspection. Failure to keep the records or allow
inspections is a criminal offense. By strengthening the law in this
manner, we will provide both a strong deterrent to the use of children
in sexually explicit materials and the necessary tools to law
enforcement to investigate and prosecute those who are not deterred.
Finally, the legislation expands the ability of investigators and
prosecutors to pursue the people who distribute child pornography.
These distributors also will be required to follow the record-keeping
provision, and this will provide law enforcement with a powerful tool
to use against them. These are devious people who work in cohorts with
pornographers to sell child pornography, but who currently can work out
of sham corporations to avoid prosecution. My legislation will empower
prosecutors with the ability to charge and convict these people.
Providing law enforcement with the tools to combat child pornography
contained in my legislation is a much-needed and overdue step that must
be taken to protect our children from those in our society who have no
decency and know no shame.
Mr. Speaker, I urge passage of the Adam Walsh Child Protection and
Safety Act of 2006. It is time to protect our children, and today we
take a significant step toward that goal.
Mr. SCOTT of Virginia. Mr. Speaker, I yield 3 minutes to the
gentleman from North Dakota (Mr. Pomeroy), one of the leading authors
of the bill.
Mr. POMEROY. Mr. Speaker, 25 years ago the abduction and killing of
Adam Walsh was a tragedy that changed forever the lives of his family
members. And the change that occurred in his father, John Walsh, has,
as a result, changed our Nation as he has become such a superbly
effective advocate of the families of victims as they have stood for
justice time and time again.
Today this Congress has a chance, in memory of Adam Walsh, to again
change this country by passing a law that will bring much needed
protections and fully capturing the marvelous new technologies of the
Internet and using them as a means for families to protect themselves,
to protect their children from those who would prey upon them. And the
need to address this nationally is demonstrated time and time again.
Some might suggest the heart of this bill is the Dru Sjodin National
Sex Registry, named in memory of Dru Sjodin.
I have a card that I carry of Dru. She was a talented, engaging,
wonderful student at the University of North Dakota. She was abducted
from the parking lot of a shopping center and killed.
The individual now on trial for her murder was a registered sex
offender, but only across the State line, which, in the context of
Grand Forks, North Dakota, is just across the river. So Alfonso
Rodriguez, identified, long incarcerated in the State of Minnesota,
identified as a high risk sex offender within the State of Minnesota,
but unknown to those of us in North Dakota.
We need a national registry so we know where these high risk
predators are and we can find them, not just law enforcement finding
them, as has been advanced so nobly over the years by the Jacob
Wetterling Registry, but all of our families. It is time for all of our
families to have access to this information. And so this registry,
providing name, providing residence, providing place of employment,
providing automobile, is all very vitally important information to be
available to the public.
Additionally, the components of this bill that have stepped up
monitoring by local law enforcement, Federal grant dollars to assist
them in the manpower required to keep an eye on these predators in our
midst. And then the stiff minimum sentences, also an essential
component of this legislation.
I commend the chairman, Chairman Sensenbrenner, with whom it has been
my great pleasure to work as one of the Democrats strongly supporting
this legislation. I believe that there is nothing more fitting for us
to do in honor of these victims than pass the legislation which will
keep other families safe.
I urge support of this legislation.
Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman
from Florida (Mr. Foley).
Mr. FOLEY. Mr. Speaker, I rise to offer my strong support for the
Adam Walsh Child Protection and Safety Act.
I remember that tragic day in Hollywood, Florida, when a young Adam
Walsh hit the headlines, having been abducted from a mall in our State.
Over 2 years ago, his father, John Walsh, and Ernie Allen approached me
to discuss what they saw as a growing and dangerous threat to our
children, sex offenders. We talked about the fact there were over
500,000 sex offenders listed on various State registries, but because
of poor Federal and State laws, we were missing over 150,000 of them.
Soon after that meeting, I began work on the Sex Offender Registration
Notification Act, which is contained in this bill today.
The Adam Walsh Act is the most comprehensive piece of child
protection legislation this Congress has ever considered. The bill
creates, among other things, new State and Federal regulations,
community notification requirements, as well as new Federal criminal
penalties for sex offenders. It also gives law enforcement new
resources, including authorizing U.S. Marshals to go after missing sex
offenders, 20 new task forces, 200 new Federal prosecutors, 45 new
forensic scientists dedicated to investigating crimes against children.

{time} 1200

It used to be that we tracked library books better than we do sex
offenders, but this bill will even that score.
I am grateful to Chairman Sensenbrenner for his leadership and
willingness to work with so many Members across the political aisle on
this important issue. I want to thank the Speaker for keeping his word
to get this bill to the President by July 27, the 25th anniversary of
Adam's death.
Mr. Speaker, there are many people who made this day a reality, but
the two people who should take the most credit are the parents of Adam
Walsh, and that is John and his wife, Reve. It still amazes me to this
day the way they were able to turn Adam's death into a lifelong crusade
to protect our Nation's children. Their passion and commitment have led
to the creation of the National Center for Missing and Exploited
Children and to the rescue of countless children.
John and Reve, our Nation thanks you for everything you have done.
I want to especially thank Bradley Schreiber, my legislative
director; Michael Volkov; Phil Kiko; and Sean

[[Page H5726]]

McLaughlin of the House Judiciary Committee for their outstanding
efforts.
Mr. Speaker, as Co-chairman of the Congressional Missing and
Exploited Children's Caucus and author of the Sex Offender Registration
and Notification Act and the Internet Safety Act contained in this
bill, I rise to offer my strong support for the Adam Walsh Child
Protection and Safety Act and urge my colleagues to vote for it.
Over two years ago, John Walsh and Ernie Allen approached me at a
missing children's conference I was hosting in Florida to discuss what
they saw as a growing and dangerous threat to our children--sex
offenders. We talked about the fact that there were over 500,000 sex
offenders listed on the various state registries but, that because of
the patchwork of federal laws on the books, we were missing over
150,000 of them. I also discovered--which was even more surprising to
me--that there is a 200,000 person difference between all of the state
registries and the federal National Sex Offender Registry. Soon after
that meeting, I began work on the Sex Offender Registration and
Notification Act which is contained in the measure we have before us
today.
The Adam Walsh Act is arguably the most comprehensive piece of child
protection legislation that Congress has ever considered. The bill
creates, among other things, new state and federal registration and
community notification requirements, as well as new federal criminal
penalties, for sex offenders. It also gives law enforcement new
resources including: authorizing the U.S. Marshals to go after
absconded sex offenders; 20 new Internet Crimes Against Children Task
Forces; 200 new federal prosecutors for prosecuting child sex offense;
and, 45 new computer forensic scientists dedicated to investigating
crimes involving the sexual exploitation of children and related
offenses.
One of the basic tenets of the Due Process Clause is to give criminal
suspects notice. So, for those pedophiles and predators across this
country that have harmed a child or are considering harming a child let
me tell you now that you are on notice. We will find you, prosecute you
and monitor you--in some cases, for the rest of your life. Your days in
the shadows are over and our children will no longer be your prey.
We used to track library books better than we do sex offenders, but
this bill will even that score.
I am very grateful to Chairman Sensenbrenner for not only his
leadership and his willingness to work with me on this issue but for
the fact that he did not bend to the Senate and was able to produce the
strong bill we are going to pass today.
I want to thank Speaker Hastert for keeping his word to get the Adam
Walsh bill to the President by July 27th--the 25th Anniversary of
Adam's death. I know that both John and Reve are truly appreciative for
all that you have done.
I also want to thank Senators Hatch and Biden for their continued,
unwavering commitment to protecting our nation's children. These two
men have been associated with every major child protection bill in the
past 20 years and I am very thankful that they took the lead on the
Adam Walsh bill in the Senate.
Mr. Speaker, there are many people to thank who made this day a
reality. But the two people who should take the most credit are John
and Reve Walsh. It still amazes me to this day the way they were able
to turn Adam's death into a lifelong crusade to protect our nation's
children. Their passion and commitment have led to the creation of the
National Center for Missing and Exploited Children, the Adam Walsh
Center in Florida and to the rescue of countless children. John and
Reve: our nation thanks you for everything you have done.
I also want to thank Mark Lunsoford and the other victim's families.
It was their tireless efforts that broke the logjam in the Senate and
got us here today.
I would also like to thank Ernie Allen, Robbie Calloway and Michelle
Laxalt for all they did during the past few years helping me try to
shepard this bill through Congress and working to keep this issue at
the forefront of everyone's minds.
Last, but not least, I want to thank the staff who committed long
hours and a great deal of their personal time to this bill. Phil Kiko,
Sean McLaughlin, and Michael Volkov with Chairman Sensenbrenner's
staff; Margaret Peterlin with Speaker Hastert's staff; Ken Valentine
with Senator Hatch's staff; Dave Turk with Senator Biden's staff; Matt
Miner, Todd Bruanstein and Brett Tolman with Chairman Specter's staff;
Allen Hicks and Brandi White with Senator Frist's staff; Joe Matal with
Senator Kyl's staff; Christine Leonard with Senator Kennedy's staff;
Julie Katzman and Noah Bookbinder with Senator Leahy's staff; Nicole
Gustafson with Senator Grassley's staff; and Sharon Beth Kristal of
Senator DeWine's staff.
Mr. Speaker, I truly appreciate everyone's efforts in making this day
a reality.
Mr. SCOTT of Virginia. Mr. Speaker, I yield 2 minutes to the
gentleman from Alabama (Mr. Cramer).
Mr. CRAMER. Mr. Speaker, I too stand in strong support of this bill.
I want to compliment the chairman of the Judiciary Committee for giving
us this opportunity. My colleague, Mark Foley, who just spoke, he and I
cochaired the Caucus for Missing and Exploited Children.
Prior to my time here in Congress, I was a district attorney, and I
saw too many children victimized by predators that had slipped between
the cracks, predators that lived in neighborhoods. Neighbors didn't
know it. Schools didn't know it. We can tighten this net of safety
around children and families, but only through this bill can we do
that.
I joined with John Walsh in the early 1980s in an effort to form a
stronger network of child abuse intervention programs that we built
around the country called the National Children's Advocacy Center
programs. They exist in 700 or 800 communities around this country, and
they are one-stop service centers where child abuse victims and their
families can come to get help and support.
But in establishing centers like this, in bringing network teams
together in communities, we found out that that safety net to protect
those children and families simply did not exist, and that was because
the registration and notification system was practically nonexistent.
And even though we, from the 1990s forward, have done everything we can
to improve that, we still kept the notice factors in that too private,
too available to only a certain select few so that neighbors and
communities and schools did not know what they needed to do.
I want to congratulate John Walsh and his wife, Reve, as well for
making sure that they are establishing the next chapter in honor of
Adam Walsh. John and Reve have given so much to the rest of this
country in making sure that children are protected.
We need to pass this bill today in Adam Walsh's memory.
Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentlewoman
from New York (Mrs. Kelly).
Mrs. KELLY. Mr. Speaker, I would like to thank Chairman Sensenbrenner
for his hard work on this piece of legislation, which goes a long way
toward protecting our children from predators and abusers.
Our Nation loses four children a day to abuse and neglect. Our
government owes it to these children to provide our law enforcement and
child protective service communities with a deep, ready, and effective
arsenal that they can utilize to protect the most vulnerable element of
our society.
The conference report contains a provision I authored in the House to
create a Federal registry of child abuse and neglect at the Department
of Health and Human Services. This registry will close a glaring
loophole in our current law which allows child abusers to find
sanctuary by merely crossing States' borders.
This legislation puts a ``go-to'' Federal resource in place to help
local jurisdictions identify and track those with a history of child
abuse anywhere in this country. Now our State and local child
protection services will be able to access this valuable tool to weed
out predators and help them fight child abuse and neglect across State
lines. It is a commonsense child protection measure. It was passed by
the House twice, and I am very happy to see it included in this
conference report before us today.
With the establishment of the Federal Child Abuse and Neglect
Registry, local and State child advocacy services will have a full
picture of the individual who would have children placed in their care,
abuse them, and then try to escape; and our Nation's most vulnerable
children will now be protected.
I would like to thank Chairman Sensenbrenner again for his leadership
on this issue, and I also want to thank my constituent John Walsh for
his hard work over many years to bring this bill to fruition.
Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman
from Pennsylvania (Mr. Fitzpatrick).
Mr. FITZPATRICK of Pennsylvania. Mr. Speaker, I would also like to
thank Chairman Sensenbrenner for his leadership in protecting America's
families

[[Page H5727]]

and for his determination in bringing this bill, H.R. 4472, to the
House floor today.
Mr. Speaker, as the father of six children, I am deeply committed to
finding better ways to safeguard the welfare of America's families.
That is why I introduced the Justice for Crime Victims Families Act
and, with Congressman Foley, the Internet SAFETY Act of 2006. Both of
these bills have been included into H.R. 4472, and they will strengthen
what is already a sweeping set of improvements to the way law
enforcement solve murders and protect kids from online sexual
predators.
The Internet SAFETY Act will increase penalties for registered sex
offenders who commit felony offenses involving a minor and set fines
and imprisonment for Internet providers who facilitate child
pornography. The legislation will also establish an Office of Sexual
Crimes and Violence Against Children within the United States
Department of Justice.
These are strong additions to an already thoughtful and comprehensive
set of policies outlined in H.R. 4472. Mr. Speaker, I urge my
colleagues to adopt this legislation.
Mr. SCOTT of Virginia. Mr. Speaker, I yield 6 minutes to the
gentleman from Wisconsin (Mr. Sensenbrenner) and ask unanimous consent
that he be allowed to control that time.
The SPEAKER pro tempore (Mr. Chocola). Is there objection to the
request of the gentleman from Virginia?
There was no objection.
Mr. SENSENBRENNER. Mr. Speaker, I thank the gentleman from Virginia
for yielding the time, and I yield 2 minutes to the gentleman from
Georgia (Mr. Gingrey).
(Mr. GINGREY asked and was given permission to revise and extend his
remarks.)
Mr. GINGREY. Mr. Speaker, I rise today in support of H.R. 4472, the
Adam Walsh Child Protection and Safety Act.
Mr. Speaker, this bipartisan legislation is a victory in the fight to
keep our children safe. There are many critical and important
provisions included in this bill. In particular, Mr. Speaker, I want to
thank the House and Senate conferees for including in this legislation
a provision that I introduced in the House earlier this year, a
provision that is entitled Masha's Law.
Last year I learned of a shocking inequity that exists in our current
law. Currently, a person who illegally downloads music faces penalties
in civil court that are three times as harsh as a person who downloads
child pornography. This horrible inequity was the inspiration behind
the introduction of Masha's Law, and this provision dramatically
increases civil statutory damages for child exploitation, creating a
civil avenue victims of child sexual exploitation can pursue to recover
monetary damages from these predators. This includes those who produce,
distribute, and consume child pornography.
Mr. Speaker, I want my colleagues to know that Masha's Law is named
after a brave 13-year-old girl from my district, Masha Allen. Masha was
born in Russia and placed in a state orphanage because her mother was
an alcoholic and a drug addict. When she was 5 years old, a man from
the United States was allowed to adopt her through an international
adoption agency. This man started sexually abusing her the very first
night she arrived in America.
Fortunately, this perpetrator is now behind bars. However, over the
years of his abuse of Masha, he photographed her, posted her pictures,
and traded her pornographic images over the Internet. The sad reality
is that, although these monsters can be put behind bars, the victims of
Internet child pornography will continue to be exploited, and this is
why I introduced Masha's Law.
Mr. Speaker, a compassionate society looks after the most vulnerable
among us, our children. I urge my colleagues to support the Adam Walsh
Child Protection and Safety Act so we can protect our most precious
commodity, innocent children like Masha, and give back hope to those
who need it most.
Mr. Speaker, I rise today in support of H.R. 4472, the Adam Walsh
Child Protection and Safety Act. This bipartisan legislation is a
victory in the fight to keep our children safe. There are many critical
and important provisions included in this bill, provisions that allow
States to better track convicted sex offenders, ones that tighten up
loop holes in current sex offender registration and notification laws,
and ones that empower law enforcement through increased coordination.
In particular, Mr. Speaker, I want to thank the House and Senate
conferees for including in this legislation a provision I introduced in
the House earlier this year, a provision entitled ``Masha's Law.''
Last year I learned of a shocking inequity that exists in our current
law. Currently, a person who illegally downloads music faces penalties
in civil court that are three times as harsh as a person who downloads
child pornography. This horrible inequity was the inspiration behind
the introduction of Masha's Law.
This provision dramatically increases civil statutory damages for
child exploitation, creating a civil avenue victims of child sexual
exploitation can pursue to recover monetary damages from their
predators. This includes those who produce, distribute, and consume
child pornography.
Mr. Speaker, I want my colleagues to know that Masha's Law is named
after a brave 13-year old girl from my district, Masha Allen. Masha was
born in Russia and placed in a state orphanage because her mother was
an alcoholic and drug addict. When she was five years old a man from
the United States was allowed to adopt her through an international
adoption agency. This man started sexually abusing her the first night
she arrived in America.
Fortunately, this perpetrator is now behind bars. However over the
years of his abuse of Masha he photographed her, posted her pictures
and traded her pornographic images over the internet. The sad reality
is that although these monsters can be put behind bars, the victims of
internet child pornography will continue to be exploited.
This is why I introduced Masha's law. It allows these individuals a
pathway to recover damages they have suffered from these crimes and
allows them to pursue this avenue even after they are no longer a
minor. Therefore as their pictures are downloaded and traded, year and
year, these victims can continue to seek justice from these horrendous
crimes.
Mr. Speaker, a compassionate society looks after the most vulnerable
among us, our children. I urge my colleagues to support the Adam Walsh
Child Protection and Safety Act, so we can protect our most preciously
commodity, innocent, children like Masha, and give back hope to those
who need it the most.
Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentlewoman
from Florida (Ms. Ginny Brown-Waite).
Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I rise today in strong
support of H.R. 4472, the Adam Walsh Child Protection and Safety Act of
2006.
Finally, we have a bill passed by both this body and the Senate for
the President to sign. Finally, Mark Lunsford has a legacy for his
daughter Jessica of a guardian angel keeping children safe by closing
dangerous loopholes in our law. Finally, the family and friends of Adam
Walsh, Carlie Brucia, Sarah Lunde, and so many others can sleep a
little better at night knowing we are helping to protect America's
precious children.
My heart is still broken for the loss of Jessica Lunsford and all the
joys in life that she will miss. At least she will be in a better place
where no one can ever harm her again.
Mr. Speaker, certainly Chairman Sensenbrenner, who worked tirelessly
on this bill, deserves a great deal of credit.
Back when I first heard about Jessica's disappearance, I knew that we
could not sit back and do nothing. For instance, the probation officer
for Jessica's alleged killer, John Couey, never knew that he was a
convicted sex offender. I introduced a bill, and Chairman Sensenbrenner
was kind enough to include it in this comprehensive bill, that fixes
that.
The alleged perpetrator also did not have a current address on file
with law enforcement, as he should have. This bill demands more
frequent updates and checks. It also provides some grant mechanisms to
be sure that the localities can pay for this additional registration.
The bill empowers States to do just as Florida has done and use GPS
monitoring devices to track offenders.
I know in my heart that these changes will genuinely help equip our
law enforcement to better protect the most innocent in our society, our
children.
My good friend Congressman Mark Foley has said numerous times that
previously we tracked library books better than we tracked sex
offenders. Thankfully, that will be no more.

[[Page H5728]]

Mr. Speaker, I rise today in strong support of H.R. 4472, Adam Walsh
Child Protection and Safety Act of 2006.
Finally, we have a bill passed by both this body and the Senate for
the President to sign.
Finally, Mark Lunsford has a legacy for his daughter Jessica of a
guardian angel, keeping children safe by closing dangerous loopholes in
the law.
Finally, the family and friends of Adam Walsh, Carlie Brucia, Sarah
Lunde, and so many others can sleep a little better at night, knowing
we are helping to protect America's precious children.
My heart is still broken for the loss of little Jessica Lunsford and
for all the joys in life that she will miss.
At least she is in a better place, where no one can ever harm her
again.
Mr. Speaker, I am awed and humbled to have worked on this legislation
with Chairman Sensenbrenner, who has worked tirelessly to pass this
bill.
When I heard about the manor of Jessica's disappearance, I knew I
could not sit back while there were many changes I could make to fix
the law.
For instance, the probation officer for Jessica's alleged killer,
John Couey, never knew he was a convicted sex offender. This bill fixes
that.
Couey did not keep a current address on file with law enforcement as
he should have. This bill demands more frequent updates and checks.
And we didn't have any method of tracking sex offenders after release
from prison, though they have such high rates of recidivism. This bill
empowers states to do as Florida has done and use GPS monitoring
devices to track offenders.
I know in my heart that these changes will genuinely help equip law
enforcement to protect the most innocent in our society--our children.
My good friend, Congressman Mark Foley, has said numerous times that
we track library books better than we track sex offenders. Well, no
more.
I urge my colleagues to support this bill and send it to the
President for his signature.
Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman
from Arizona (Mr. Hayworth).
(Mr. HAYWORTH asked and was given permission to revise and extend his
remarks.)
Mr. HAYWORTH. Mr. Speaker, I rise in strong support of this good
commonsense bill. It will protect our children from sexual predators
and sex trafficking and provide more tools for law enforcement to help
defend our kids.
Last year during House floor consideration of this important
legislation, Representative Sue Kelly and I offered an amendment to
create a national child abuse registry within the Department of Health
and Human Services. This registry will remove the loophole in our local
laws that allows child abusers to remain anonymous by moving to another
State. This provision will require that States share with other States
information that they already collect and share with their counties,
cities, and towns.
A national child abuse registry is strongly supported by a number of
child advocacy organizations including ChildHelp USA.
Mr. Speaker, my colleagues, by working together, we can strengthen
our efforts to protect children from predators. Again, I urge this
House to pass this commonsense legislation.
Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman
from Ohio (Mr. Gillmor).
(Mr. GILLMOR asked and was given permission to revise and extend his
remarks.)
Mr. GILLMOR. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise today in wholehearted support of this
legislation. I think it stands as a testament to Congress's heeding the
call of the American public for increased protections from these
dangerous sexual predators.
I would like to commend Chairman Sensenbrenner for his leadership and
for his unwavering commitment to ensure that American families receive
the necessary tools to protect their loved ones. As a father of three
young children, I feel a special appreciation for the benefits that
this legislation will provide, not the least of which is a national
database of sexually violent offenders accessible to all Americans via
the Internet, enhanced community notification measures, and a study to
assess the merits of a standardized national risk-based classification
system. I particularly want to thank the chairman for working with me
in including those provisions which were set forth in two bills I had
previously introduced.
I urge passage of the bill.
Mr. SCOTT of Virginia. Mr. Speaker, I have no further requests for
time, and I yield back the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself the balance of my
time.
Mr. Speaker, let me say that this vote will draw to a close
congressional consideration of legislation that has brought together
Republicans and Democrats, concerned parents, and those who are related
to victims from around the country. And this has become somewhat of a
crusade in order to make necessary changes to prevent more sexual
predators from falling through the cracks and molesting and harming and
even murdering innocent victims.

{time} 1215

The Child Safety Act of 2006, I believe, is appropriately named after
Adam Walsh. One of the things I did early in my service in Congress was
to work with the Walshes to pass the first bill which put the names of
missing children in the FBI's National Crime Identification File. There
were problems in alerting law enforcement back in the early 1980's when
a child had been abducted, and, as a result, those who did abduct the
children were able to take them far away before law enforcement was
able to weave the net around these people, and many tragedies occurred,
including the brutal murder of the Walsh's beloved son, Adam.
I really want to commend John Walsh and his wife, because they have
used the tragedy of their son's death and the grief that it caused to
be able to make America a safer place for children, not only those that
are here now, but those that are to be born in this country and who
come to this country.
The Children's Safety Act of 2003 was a necessary start. This bill
improves on the Children's Safety Act of 2003, plugs more loopholes,
and America will be a safer place as a result of all of the people who
have worked on behalf of this legislation. I would like to publicly
thank all of them. There are too many to list by name, but in my full
statement that I put into the record, I listed the names of a lot of
very well-publicized victims. Let's hope that this bill makes sure that
there are no more names added to that list.
Vote in favor of the bill, send it to the President.
Mr. Speaker, I include for the Record an exchange of letters between
Mr. Thomas, Chairman of the Committee on Ways and Means, and myself.

Committee on Ways and Means,

House of Representatives,

Washington, DC, July 24, 2006.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary, Washington, DC.
Dear Chairman Sensenbrenner: I am writing concerning H.R.
4472, the ``Adam Walsh Child Protection and Safety Act of
2006,'' which is scheduled for floor action on Tuesday, July
25, 2006.
As you know, the Committee on Ways and Means has
jurisdiction over matters concerning certain child welfare
programs, particularly as they pertain to foster care and
adoption. Section 152 of the bill would require States to
conduct safety checks of would-be foster and adoptive homes
as well as eliminate the ability of States to opt-out of
Federal background check requirements restricting Federal
support for children placed with foster or adoptive parents
with serious criminal histories. Section 152 also would
require States to check child abuse registries for potential
foster and adoptive parents. Thus these provisions fall
within the jurisdiction of the Committee on Ways and Means.
However, in order to expedite this bill for floor
consideration, the Committee will forgo action. This is being
done with the understanding that it does not in any way
prejudice the Committee with respect to the appointment of
conferees or its jurisdictional prerogatives on this bill or
similar legislation.
I would appreciate your response to this letter, confirming
this understanding with respect to H.R. 4472, and would ask
that a copy of our exchange of letters on this matter be
included in the Congressional Record during floor
consideration.
Best regards,
Bill Thomas,
Chairman.
____

Congress of the United States,

House of Representatives,

Washington, DC, July 25, 2006.
Hon. Bill Thomas,
Chairman, Committee on Ways and Means, House of
Representatives, Washington, DC.
Dear Chairman Thomas: Thank you for your letter regarding
H.R. 4472, the ``Adam

[[Page H5729]]

Walsh Child Protection and Safety Act of 2006.'' I
acknowledge your jurisdictional interest in this legislation
and agree that your decision to waive consideration of this
bill shall not be construed to prejudice the jurisdiction of
the Committee on Ways and Means over this or similar
legislation.
I will include a copy of your letter and this response in
the Congressional Record during consideration of H.R. 4472 on
the House floor.
Thank you for you assistance in this matter.
Sincerely,
F. James Sensenbrenner, Jr.,
Chairman.

Mr. UDALL of Colorado. Mr. Speaker, I rise in support of this
legislation, which embodies a bipartisan and bi-cameral agreement that
includes important provisions to protect children.
The bill will create a National Sex Offender Registry with uniform
standards for the registration of sex offenders, including a lifetime
registration requirement for the most serious offenders. This is a
vital step to improve the current patch-work quilt of 50 different
state systems for identifying and tracking sex offenders. The bill also
authorizes much-needed grants to help local law enforcement agencies
establish and integrate sex offender registry systems.
Under the bill, states will be required to maintain sex offender
registries accessible to the public on the Internet and to make failure
to register a felony. Sex offenders will be required to provide DNA
samples and will be subjected to more frequent in-person verification
of information about their residences and workplaces.
The bill targets child-exploitation enterprises and registered sex
offenders who commit offenses against minors, including obscene visual
representations of sexual abuse of children and sex trafficking of
children. It includes several provisions designed to better combat
child pornography, including authorizing civil and criminal asset
forfeiture in child pornography cases. And it authorizes new grant
programs that will help local law enforcement agencies combat sexual
abuse of children by enabling them to hire more people, add computer
hardware and software, and take other steps to apprehend sex offenders
who violate registry requirements. It also authorizes a new grant
program for the National Crime Prevention Council, a private, nonprofit
organization that has expertise in promoting crime prevention programs
through public outreach and media campaigns.
The bill also authorizes 88 new prosecutors within the U.S.
Attorneys' Offices to prosecute child sex offenses, including child
exploitation, child sexual abuse, and child obscenity and pornography
offenses. It authorizes 10 additional Justice Department task forces to
address Internet crimes against children. It authorizes the Justice
Department to provide grants to states, local governments, and
nonprofit organizations to establish and maintain programs to educate
children and parents on the best way to be safe using he Internet. It
authorizes the Justice Department, in consultation with the National
Center for Missing and Exploited Children, to develop and carry out a
public awareness campaign to demonstrate how to better protect children
when using the Internet. And it authorizes the Justice Department to
provide fingerprint-based background checks to child welfare agencies
as well as to private and public educational agencies so they can carry
out background checks on prospective adoption or foster parents,
private and public teachers, and school employees.
As a cosponsor of H.R. 4005, the National Police Athletic League
(PAL) Youth Enrichment Reauthorization Act of 2005, I am also glad to
note that the version of the bill now before the House includes
provisions similar to those of that bill.
The PAL program brings youth under the supervision and positive
influence of a law enforcement agency and expands public awareness
about the role of a police officer in the local community and
reinforces responsible values and attitudes instilled in young people
by their parents. It utilizes educational, athletic and recreational
activities to create trust and understanding between police officers
and youth. It is based on the conviction that young people--if they are
reached early enough--can develop strong positive attitudes towards
police officers in their journey through life toward the goal of
maturity and good citizenship.

A volunteer-driven organization with an estimated 80,000 volunteers
across the country supporting all levels of programming, PAL has a 90-
year history of caring and providing alternatives for youth at risk.
Today, it offers structured and personal guidance in a safe, friendly
environment and provides a variety of activities, from organized
competitive sports, recreational activities, arts and educational
programming to cultural and social skill development programs. This
bill will help it carry out that important work.
I do have concerns about some aspects of the bill, including a
provision allowing some juvenile offenders over 14 to be included in
publicly available sex offender registries. However, on balance I think
this is a good, strong bill and I support its enactment.
Mr. EMANUEL. Mr. Speaker, I rise today in strong support of H.R.
4472, the Adam Walsh Child Protection and Safety Act of 2006. This Act
will greatly improve the national program to register and monitor child
predators.
I am especially pleased that the Act includes all of the major
provisions of the Jessica Lunsford and Sarah Lunde Act, which I
introduced in July of 2005. This act creates grants for state and local
governments to implement electronic monitoring programs of child sex
offenders, using GPS technology and other electronic methods to track
sexual predators upon their release from prison.
Electronic tracking of sexual predators will provide law enforcement
with the real time location of the offender within 10 feet of their
location. These measures enhance the capability of law enforcement to
provide children and their parents with the protections they need.
Today there are nearly 550,000 registered sex offenders in the United
States, approximately one offender for every 200 children under 18
years old. As the numbers grow, it's becoming almost impossible for law
enforcement to track these offenders. Electronic monitoring cannot
replace law enforcement officers monitoring convicted sex predators,
but it will provide officials with the tools they need to protect our
children and grant parents much deserved peace of mind.
The Adam Walsh Child Protection and Safety Act of 2006 also requires
every state to maintain a sex offender-registry and directs the
Attorney General and FBI to maintain a National Sex Offender registry
with updated and detailed information about sex offenders. Accessible
and thorough information about sexual predators is essential to
guaranteeing the safety of our children and preventing previous
offenders from striking again.
Mr. Speaker, far too many sex offenders are able to slip through the
cracks and become lost to law enforcement officials. The Adam Walsh
Child Protection and Safety Act of 2006 greatly increases law
enforcement's ability to protect our children and provide peace of mind
to parents. This Act is an important step to ensuring the safety of our
nation's children and I urge my colleagues to support it.
Mr. MEEK of Florida. Mr. Speaker, I rise in strong support of this
bill.
Today, the House is considering the Senate-passed version of H.R.
4472, the Adam Walsh Child Protection and Safety Act, which includes
the language of the National Police Athletic/Activities League (PAL)
Youth Enrichment Reauthorization Act of 2005, H.R. 4005, of which I am
a prime sponsor.
PAL is a youth crime prevention program that utilizes educational,
athletic and recreational activities to create trust and understanding
between police officers and youth. It is based on the understanding
that young people--if they are reached early enough--can develop strong
positive attitudes toward police officers and gain the skills needed to
achieve success throughout their lives.
The bill will reauthorize the National Police Athletic League Youth
Enrichment Act of 2000 (P.L. 106-367). It will also authorize $16
million per year in assistance to National PAL and the 350 local PAL
chapters around the country; help establish 250 (50 per year) new PAL
chapters; and provide support for the annual Youth Leadership
Conference.
The PAL program brings youth under the supervision and positive
influence of a law enforcement agency and expands public awareness
about the role of a police officer in the local community and
reinforces responsible values and attitudes instilled in young people
by their parents.
I strongly urge my colleagues to support this important legislation,
so that we can continue to fund this program, which provides such good
guidance and direction to so many of our youth.
Mr. PENCE. Mr. Speaker, before us today is the Adam Walsh Child
Protection and Safety Act of 2006 (H.R. 4472). I am a strong supporter
of this legislation, and urge its passage.
Title V of this legislation is derived from a bill that I introduced
in the First Session of this Congress, the Child Pornography Prevention
Act. As the title states, the intent of my legislation is to prevent
American children from becoming victims of pornography because as we
know, Mr. Speaker, the fuel that fires the wicked hearts of child
predators is child pornography.
Every day in America, children are exploited in pornography--
sometimes by those closest to them in their homes. In the home,
children are forced to pose for pornographic pictures or act in
pornographic videos by family members, family friends, caretakers and
other trusted individuals who violate that trust. These pictures and
videos are posted on the Internet or surreptitiously spread to sexual
predators.
A main tenet of my legislation is the addition of language that will
fix a technicality that so-called home pornographers have used to

[[Page H5730]]

evade federal prosecution on child pornography charges. Home
pornographers use digital cameras, Polaroid cameras and video cameras
to make pornographic pictures and videos of children, and they download
child pornography from the Internet onto their home computers. My
legislation makes clear that federal prosecutions of home pornographers
can proceed in federal courts because their activities impact
interstate commerce. This is a fix that must be made now in order to
protect children at home.
Another element of my bill is the addition of a new section to the
criminal code, Section 2257A, which adds a record-keeping requirement
that will force producers of sexually explicit material to keep records
of the names and ages of their subjects when they are engaged in
simulated sexual activity.
Congress previously enacted the PROTECT Act of 2003 against the
background of Department of Justice regulations applying section 2257
to both primary and secondary producers. That fact, along with the
Act's specific reference to the regulatory definition that existed at
the time, reflected Congress' agreement with the Department of
Justice's view that it already had the authority to regulate secondary
producers under the applicable law.
A federal court in Colorado, however, recently enjoined the
Department from enforcing the statute against secondary producers,
relying on an earlier Tenth Circuit precedent holding that Congress had
not authorized the Department to regulate secondary producers. These
decisions conflicted with an earlier D.C. Circuit decision upholding
Congress' authority to regulate secondary producers. Section 502 of the
bill is meant to eliminate any doubt that section 2257 applies both to
primary and secondary producers, and to reflect Congress' agreement
with the regulatory approach adopted by the Department of Justice in
enforcing the statute.''
My bill goes a step further by requiring that records be kept for
lascivious exhibitions nude photographs and displays. No child should
be used in either nude pictures or sexually explicit materials because
these items only serve to inflame the prurient interest in child
predators. Requiring that records be kept will serve as a deterrent.
Additionally, my bill requires that the records be made available to
investigators for inspection. Failure to keep the records or allow
inspections is a criminal offense. By strengthening the law in this
manner, we will provide both a strong deterrent to the use of children
in sexually explicit materials and the necessary tools to law
enforcement to investigate and prosecute those who are not deterred.
Finally, the legislation expands the ability of investigators and
prosecutors to pursue the people who distribute child pornography.
These distributors also will be required to follow the record-keeping
provision, and this will provide law enforcement with a powerful tool
to use against them. These are devious people who work in cohorts with
pornographers to sell child pornography, but who currently can work out
of sham corporations to avoid prosecution. My legislation will empower
prosecutors with the ability to charge and convict these people.
Providing law enforcement with the tools to combat child pornography
contained in my legislation is a much-needed and overdue step that must
be taken to protect our children from those in our society who have no
decency and know no shame.
Mr. Speaker, I urge passage of the Adam Walsh Child Protection and
Safety Act of 2006. It is time to protect our children, and today we
take a significant step toward that goal.
Mr. HERGER. Mr. Speaker, I rise in strong support of H.R. 4472, the
Adam Walsh Child Protection and Safety Act of 2006. This is good
legislation that will go a long way towards keeping our children safe
from harm.
I am especially pleased this legislation includes an important
provision that I believe will help improve our Nation's child
protection system. As part of the Adoption and Safe Families Act of
1997, Federal law was amended to require that States complete
background checks prior to approving a prospective foster or adoptive
home. If these background checks reveal that would-be foster or
adoptive parents have been convicted of certain felonies including
murder and crimes against children, such adults are permanently
disqualified from receiving Federal funds as foster or adoptive
parents. Felony convictions for physical assault, battery, or drug-
related offenses disqualify an adult from receiving Federal payments
for the child for 5 years. To be clear, States could still place foster
children in those homes, they just couldn't use Federal dollars to pay
such adults for the care of the children.
These provisions are designed to ensure children are placed in safe
homes and Federal funds are used properly. Currently, 43 States
including the District of Columbia comply with these requirements.
However, because Federal law currently gives States a choice, eight
States opt out of this requirement, which allows them to apply weaker
standards concerning which adults are to be entrusted with foster or
adoptive children and when Federal funds can be used in such homes.
In practice, it is our understanding that most of the States actually
follow Federal guidelines, leaving only a handful of States that
actually apply weaker standards than Federal law expects.
H.R. 4472 will allow States that opt out of the current Federal
standards to continue to do so for the next 2 years. But then all
States must comply with the current requirements, which most already
follow. States will continue to have the flexibility to define
requirements that are stronger than Federal law. It is my hope that
during the next 2 years the States that apply weaker standards for who
can be a foster or adoptive parent and receive Federal funds will
examine their policies an take steps to bring them in line with Federal
policy, as the overwhelming majority of States already do.
It is important that all States satisfy minimum requirements to
ensure the safety of children. Children in foster care are literally
our responsibility. It is not too much to expect certain minimum
standards involving who can be entrusted with their care, especially
when Federal tax dollars are paid to such adults. Amazingly enough,
some suggest this provision may not increase child safety. I disagree.
It is difficult to understand how some can insist that Federal
taxpayers must pay adults to be foster or adoptive parents when a
background check has uncovered their involvement in past crimes such as
murder and crimes against children. Again, States may choose to do
whatever they wish with their own dollars, but we have a responsibility
to see that children are protected and Federal tax dollars are used
wisely. I'm pleased H.R. 4472 will ensure all States follow the same
minimum standards for determining who may be entrusted with these
vulnerable children and receive Federal funds for their care. I urge my
colleagues to support this important legislation.
Mr. VAN HOLLEN. Mr. Speaker, I rise today in support of H.R. 4472,
the Adam Walsh Child Protection and Safety Act of 2006 that will revamp
this country's sex offenders registration system. This bill is named in
honor of Adam Walsh, the son of John and Reve Walsh, who was abducted
25 years ago. Through the strength and perseverance of John and Reve,
they turned the gut wrenching tragedy of the abduction and killing of
their son Adam into a lifelong crusade to protect the children of
others. The bill before us today is another weapon in this country's
arsenal to protect our children from what seems to be an epidemic of
abduction and exploitation.
The National Center for Missing and Exploited Children (NCMEC)
estimates that today there are more that 563,000 sex offenders that are
``supposed'' to be registered in this country. Unfortunately,
approximately 100,000 of these offenders are currently unaccounted for
and therefore, are under the watchful eye of no one.
H.R. 4472 will create a National registry that will provide enhanced
information on a uniform basis thereby replacing a patchwork of
individual systems administered and maintained by each State. Through
this bill, sex offenders will have the same requirements to register
throughout the country. Sex offenders will be required to register
before they are released from prison to insure that they don't slip
through the cracks. Moreover, this bill will impose stiff penalties for
failing to register by imposing a felony.
While we can never do enough to protect our children, this bill does
tighten the weave of the safety net through which many predators have
slipped. A uniform national registry of sexual predators will assist
law enforcement, parents, and concerned citizens in their vigilance and
awareness of who is lurking on our neighborhood waiting to rob our
children of their innocence and, all too often, of their lives.
We owe a special debt of gratitude to the bipartisan group of
legislators who steered this bill successfully through Conference, the
Walshes, and the National Center for Missing and Exploited Children for
making this national registry a reality.
Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Wisconsin (Mr. Sensenbrenner) that the House suspend the
rules and concur in the Senate amendments to the bill, H.R. 4472.
The question was taken; and (two-thirds having voted in favor
thereof)

[[Page H5731]]

the rules were suspended and the Senate amendments were concurred in.
A motion to reconsider was laid on the table.

____________________