[Congressional Record (Bound Edition), Volume 152 (2006), Part 12]
[House]
[Pages 15695-15721]
[From the U.S. 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.
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.

[[Page 15696]]

                     TITLE VII--INTERNET SAFETY ACT

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

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

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

        TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT

     SEC. 101. SHORT TITLE.

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

     SEC. 102. DECLARATION OF PURPOSE.

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

     SEC. 103. ESTABLISHMENT OF PROGRAM.

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

         Subtitle A--Sex Offender Registration and Notification

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

       In this title the following definitions apply:
       (1) Sex offender.--The term ``sex offender'' means an 
     individual who was convicted of a sex offense.
       (2) Tier i sex offender.--The term ``tier I sex offender'' 
     means a sex offender other than a tier II or tier III sex 
     offender.
       (3) Tier ii sex offender.--The term ``tier II sex 
     offender'' means a sex offender other than a tier III sex 
     offender whose offense is punishable by imprisonment for more 
     than 1 year and--
       (A) is comparable to or more severe than the following 
     offenses, when committed against a minor, or an attempt or 
     conspiracy to commit such an offense against a minor:
       (i) sex trafficking (as described in section 1591 of title 
     18, United States Code);
       (ii) coercion and enticement (as described in section 
     2422(b) of title 18, United States Code);
       (iii) transportation with intent to engage in criminal 
     sexual activity (as described in section 2423(a)) of title 
     18, United States Code;
       (iv) abusive sexual contact (as described in section 2244 
     of title 18, United States Code);
       (B) involves--
       (i) use of a minor in a sexual performance;
       (ii) solicitation of a minor to practice prostitution; or
       (iii) production or distribution of child pornography; or
       (C) occurs after the offender becomes a tier I sex 
     offender.
       (4) Tier iii sex offender.--The term ``tier III sex 
     offender'' means a sex offender whose offense is punishable 
     by imprisonment for more than 1 year and--
       (A) is comparable to or more severe than the following 
     offenses, or an attempt or conspiracy to commit such an 
     offense:
       (i) aggravated sexual abuse or sexual abuse (as described 
     in sections 2241 and 2242 of title 18, United States Code); 
     or
       (ii) abusive sexual contact (as described in section 2244 
     of title 18, United States Code) against a minor who has not 
     attained the age of 13 years;
       (B) involves kidnapping of a minor (unless committed by a 
     parent or guardian); or
       (C) occurs after the offender becomes a tier II sex 
     offender.
       (5) Amie zyla expansion of sex offense definition.--
       (A) Generally.--Except as limited by subparagraph (B) or 
     (C), the term ``sex offense'' means--
       (i) a criminal offense that has an element involving a 
     sexual act or sexual contact with another;
       (ii) a criminal offense that is a specified offense against 
     a minor;
       (iii) a Federal offense (including an offense prosecuted 
     under section 1152 or 1153 of title 18, United States Code) 
     under section 1591, or chapter 109A, 110 (other than section 
     2257, 2257A, or 2258), or 117, of title 18, United States 
     Code;
       (iv) a military offense specified by the Secretary of 
     Defense under section 115(a)(8)(C)(i) of Public Law 105-119 
     (10 U.S.C. 951 note); or
       (v) an attempt or conspiracy to commit an offense described 
     in clauses (i) through (iv).
       (B) Foreign convictions.--A foreign conviction is not a sex 
     offense for the purposes of this title if it was not obtained 
     with sufficient safeguards for fundamental fairness and due 
     process for the accused under guidelines or regulations 
     established under section 112.
       (C) Offenses involving consensual sexual conduct.--An 
     offense involving consensual sexual conduct is not a sex 
     offense for the purposes of this title if the victim was an 
     adult, unless the adult was under the custodial authority of 
     the offender at the time of the offense, or if the victim was 
     at least 13 years old and the offender was not more than 4 
     years older than the victim.
       (6) Criminal offense.--The term ``criminal offense'' means 
     a State, local, tribal, foreign, or military offense (to the 
     extent specified by the Secretary of Defense under section 
     115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note)) 
     or other criminal offense.
       (7) Expansion of definition of ``specified offense against 
     a minor'' to include all offenses by child predators.--The 
     term ``specified offense against a minor'' means an offense 
     against a minor that involves any of the following:
       (A) An offense (unless committed by a parent or guardian) 
     involving kidnapping.
       (B) An offense (unless committed by a parent or guardian) 
     involving false imprisonment.
       (C) Solicitation to engage in sexual conduct.
       (D) Use in a sexual performance.
       (E) Solicitation to practice prostitution.
       (F) Video voyeurism as described in section 1801 of title 
     18, United States Code.
       (G) Possession, production, or distribution of child 
     pornography.
       (H) Criminal sexual conduct involving a minor, or the use 
     of the Internet to facilitate or attempt such conduct.
       (I) Any conduct that by its nature is a sex offense against 
     a minor.
       (8) Convicted as including certain juvenile 
     adjudications.--The term ``convicted'' or a variant thereof, 
     used with respect to a sex offense, includes adjudicated 
     delinquent as a juvenile for that offense, but only if the 
     offender is 14 years of age or older at the time of the 
     offense and the offense adjudicated was comparable to or more 
     severe than aggravated sexual abuse (as described in section 
     2241 of title 18, United States Code), or was an attempt or 
     conspiracy to commit such an offense.
       (9) Sex offender registry.--The term ``sex offender 
     registry'' means a registry of sex offenders, and a 
     notification program, maintained by a jurisdiction.
       (10) Jurisdiction.--The term ``jurisdiction'' means any of 
     the following:
       (A) A State.
       (B) The District of Columbia.
       (C) The Commonwealth of Puerto Rico.
       (D) Guam.
       (E) American Samoa.
       (F) The Northern Mariana Islands.
       (G) The United States Virgin Islands.
       (H) To the extent provided and subject to the requirements 
     of section 127, a federally recognized Indian tribe.
       (11) Student.--The term ``student'' means an individual who 
     enrolls in or attends an educational institution, including 
     (whether public

[[Page 15697]]

     or private) a secondary school, trade or professional school, 
     and institution of higher education.
       (12) Employee.--The term ``employee'' includes an 
     individual who is self-employed or works for any other 
     entity, whether compensated or not.
       (13) Resides.--The term ``resides'' means, with respect to 
     an individual, the location of the individual's home or other 
     place where the individual habitually lives.
       (14) Minor.--The term ``minor'' means an individual who has 
     not attained the age of 18 years.

     SEC. 112. REGISTRY REQUIREMENTS FOR JURISDICTIONS.

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

     SEC. 113. REGISTRY REQUIREMENTS FOR SEX OFFENDERS.

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

     SEC. 114. INFORMATION REQUIRED IN REGISTRATION.

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

     SEC. 115. DURATION OF REGISTRATION REQUIREMENT.

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

     SEC. 116. PERIODIC IN PERSON VERIFICATION.

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

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

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

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

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

     SEC. 119. NATIONAL SEX OFFENDER REGISTRY.

       (a) Internet.--The Attorney General shall maintain a 
     national database at the Federal Bureau of Investigation for 
     each sex offender and any other person required to register 
     in a

[[Page 15698]]

     jurisdiction's sex offender registry. The database shall be 
     known as the National Sex Offender Registry.
       (b) Electronic Forwarding.--The Attorney General shall 
     ensure (through the National Sex Offender Registry or 
     otherwise) that updated information about a sex offender is 
     immediately transmitted by electronic forwarding to all 
     relevant jurisdictions.

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

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

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

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

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

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

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

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

     SEC. 124. PERIOD FOR IMPLEMENTATION BY JURISDICTIONS.

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

     SEC. 125. FAILURE OF JURISDICTION TO COMPLY.

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

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

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

     SEC. 127. ELECTION BY INDIAN TRIBES.

       (a) Election.--
       (1) In general.--A federally recognized Indian tribe may, 
     by resolution or other enactment of the tribal council or 
     comparable governmental body--
       (A) elect to carry out this subtitle as a jurisdiction 
     subject to its provisions; or
       (B) elect to delegate its functions under this subtitle to 
     another jurisdiction or jurisdictions within which the 
     territory of the tribe is located and to provide access to 
     its territory and such other cooperation and assistance as 
     may be needed to enable such other jurisdiction or 
     jurisdictions to carry out and enforce the requirements of 
     this subtitle.
       (2) Imputed election in certain cases.--A tribe shall be 
     treated as if it had made the election described in paragraph 
     (1)(B) if--
       (A) it is a tribe subject to the law enforcement 
     jurisdiction of a State under section 1162 of title 18, 
     United States Code;
       (B) the tribe does not make an election under paragraph (1) 
     within 1 year of the enactment of this Act or rescinds an 
     election under paragraph (1)(A); or
       (C) the Attorney General determines that the tribe has not 
     substantially implemented the requirements of this subtitle 
     and is not likely to

[[Page 15699]]

     become capable of doing so within a reasonable amount of 
     time.
       (b) Cooperation Between Tribal Authorities and Other 
     Jurisdictions.--
       (1) Nonduplication.--A tribe subject to this subtitle is 
     not required to duplicate functions under this subtitle which 
     are fully carried out by another jurisdiction or 
     jurisdictions within which the territory of the tribe is 
     located.
       (2) Cooperative agreements.--A tribe may, through 
     cooperative agreements with such a jurisdiction or 
     jurisdictions--
       (A) arrange for the tribe to carry out any function of such 
     a jurisdiction under this subtitle with respect to sex 
     offenders subject to the tribe's jurisdiction; and
       (B) arrange for such a jurisdiction to carry out any 
     function of the tribe under this subtitle with respect to sex 
     offenders subject to the tribe's jurisdiction.

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

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

     SEC. 129. REPEAL OF PREDECESSOR SEX OFFENDER PROGRAM.

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

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

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

     SEC. 131. IMMUNITY FOR GOOD FAITH CONDUCT.

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

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

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

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

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

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

     ``Sec. 2250. Failure to register

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

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

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

       (b) Directive to the United States Sentencing Commission.--
     In promulgating guidelines for use of a sentencing court in 
     determining the sentence to be imposed for the offense 
     specified in subsection (a), the United States Sentencing 
     Commission shall consider the following matters, in addition 
     to the matters specified in section 994 of title 28, United 
     States Code:
       (1) Whether the person committed another sex offense in 
     connection with, or during, the period for which the person 
     failed to register.
       (2) Whether the person committed an offense against a minor 
     in connection with, or during, the period for which the 
     person failed to register.
       (3) Whether the person voluntarily attempted to correct the 
     failure to register.
       (4) The seriousness of the offense which gave rise to the 
     requirement to register, including whether such offense is a 
     tier I, tier II, or tier III offense, as those terms are 
     defined in section 111.
       (5) Whether the person has been convicted or adjudicated 
     delinquent for any offense other than the offense which gave 
     rise to the requirement to register.
       (c) False Statement Offense.--Section 1001(a) of title 18, 
     United States Code, is amended by adding at the end the 
     following: ``If the matter relates to an offense under 
     chapter 109A, 109B, 110, or 117, or section 1591, then the 
     term of imprisonment imposed under this section shall be not 
     more than 8 years.''.
       (d) Probation.--Paragraph (8) of section 3563(a) of title 
     18, United States Code, is amended to read as follows:
       ``(8) for a person required to register under the Sex 
     Offender Registration and Notification Act, that the person 
     comply with the requirements of that Act; and''.
       (e) Supervised Release.--Section 3583 of title 18, United 
     States Code, is amended--
       (1) in subsection (d), in the sentence beginning with ``The 
     court shall order, as an explicit condition of supervised 
     release for a person described in section 4042(c)(4)'', by 
     striking ``described in section 4042(c)(4)'' and all that 
     follows through the end of the sentence and inserting 
     ``required to register under the Sex Offender Registration 
     and Notification Act, that the person comply with the 
     requirements of that Act.''.
       (2) in subsection (k)--
       (A) by striking ``2244(a)(1), 2244(a)(2)'' and inserting 
     ``2243, 2244, 2245, 2250'';
       (B) by inserting ``not less than 5,'' after ``any term of 
     years''; and
       (C) by adding at the end the following: ``If a defendant 
     required to register under the Sex Offender Registration and 
     Notification Act commits any criminal offense under any of 
     chapters 109A, 110, or 117, or sections 1201 or 1591, for 
     which imprisonment for a term longer than 1 year can be 
     imposed, the court shall revoke the term of supervised 
     release and require the defendant to serve a term of 
     imprisonment under subsection (e)(3) without regard to the 
     exception contained therein. Such term shall be not less than 
     5 years.''.
       (f) Duties of the Bureau of Prisons.--Paragraph (3) of 
     section 4042(c) of title 18, United States Code, is amended 
     to read as follows:
       ``(3) The Director of the Bureau of Prisons shall inform a 
     person who is released from prison and required to register 
     under the Sex Offender Registration and Notification Act of 
     the requirements of that Act as they apply to that person and 
     the same information shall be provided to a person sentenced 
     to probation by the probation officer responsible for 
     supervision of that person.''.
       (g) Conforming Amendments To Cross-References.--Section 
     4042(c) of title 18, United States Code, is amended--
       (1) in paragraph (1), by striking ``(4)'' and inserting 
     ``(3), or any other person in a category specified by the 
     Attorney General,''; and
       (2) in paragraph (2)--
       (A) in the first sentence, by striking ``shall be subject 
     to a registration requirement as a sex offender'' and 
     inserting ``shall register as required by the Sex Offender 
     Registration and Notification Act''; and
       (B) in the fourth sentence, by striking ``(4)'' and 
     inserting ``(3)''.
       (h) Conforming Repeal of Deadwood.--Paragraph (4) of 
     section 4042(c) of title 18, United States Code, is repealed.
       (i) Military Offenses.--
       (1) Section 115(a)(8)(C)(i) of Public Law 105-119 (111 
     Stat. 2466) is amended by striking

[[Page 15700]]

     ``which encompass'' and all that follows through ``and (B))'' 
     and inserting ``which are sex offenses as that term is 
     defined in the Sex Offender Registration and Notification 
     Act''.
       (2) Section 115(a)(8)(C)(iii) of Public Law 105-119 (111 
     Stat. 2466; 10 U.S.C. 951 note) is amended by striking ``the 
     amendments made by subparagraphs (A) and (B)'' and inserting 
     ``the Sex Offender Registration and Notification Act''.
       (j) Conforming Amendment Relating To Parole.--Section 
     4209(a) of title 18, United States Code, is amended in the 
     second sentence by striking ``described'' and all that 
     follows through the end of the sentence and inserting 
     ``required to register under the Sex Offender Registration 
     and Notification Act that the person comply with the 
     requirements of that Act.''.

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

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

     SEC. 143. PROJECT SAFE CHILDHOOD.

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

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

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

     SEC. 145. EXPANSION OF TRAINING AND TECHNOLOGY EFFORTS.

       (a) Training.--The Attorney General shall--
       (1) expand training efforts with Federal, State, and local 
     law enforcement officers and prosecutors to effectively 
     respond to the threat to children and the public posed by sex 
     offenders who use the Internet and technology to solicit or 
     otherwise exploit children;
       (2) facilitate meetings involving corporations that sell 
     computer hardware and software or provide services to the 
     general public related to use of the Internet, to identify 
     problems associated with the use of technology for the 
     purpose of exploiting children;
       (3) host national conferences to train Federal, State, and 
     local law enforcement officers, probation and parole 
     officers, and prosecutors regarding pro-active approaches to 
     monitoring sex offender activity on the Internet;
       (4) develop and distribute, for personnel listed in 
     paragraph (3), information regarding multidisciplinary 
     approaches to holding offenders accountable to the terms of 
     their probation, parole, and sex offender registration laws; 
     and
       (5) partner with other agencies to improve the coordination 
     of joint investigations among agencies to effectively combat 
     online solicitation of children by sex offenders.
       (b) Technology.--The Attorney General shall--
       (1) deploy, to all Internet Crimes Against Children Task 
     Forces and their partner agencies, technology modeled after 
     the Canadian Child Exploitation Tracking System; and
       (2) conduct training in the use of that technology.
       (c) Report.--Not later than July 1, 2007, the Attorney 
     General, shall submit to Congress a report on the activities 
     carried out under this section. The report shall include any 
     recommendations that the Attorney General considers 
     appropriate.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Attorney General, for fiscal year 
     2007--
       (1) $1,000,000 to carry out subsection (a); and
       (2) $2,000,000 to carry out subsection (b).

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

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

[[Page 15701]]

       (4) perform such other functions as the Attorney General 
     may delegate.

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

     SEC. 151. ACCESS TO NATIONAL CRIME INFORMATION DATABASES.

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

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

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

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

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

     SEC. 153. SCHOOLS SAFE ACT.

       (a) Short Title.--This section may be cited as the 
     ``Schools Safely Acquiring Faculty Excellence Act of 2006''.
       (b) In General.--The Attorney General of the United States 
     shall, upon request of the chief executive officer of a 
     State, conduct fingerprint-based checks of the national crime 
     information databases (as defined in section 534(f)(3)(A) of 
     title 28, United States Code as redesignated under subsection 
     (e)) pursuant to a request submitted by--
       (1) a child welfare agency for the purpose of--
       (A) conducting a background check required under section 
     471(a)(20) of the Social Security Act on individuals under 
     consideration as prospective foster or adoptive parents; or
       (B) an investigation relating to an incident of abuse or 
     neglect of a minor; or
       (2) a private or public elementary school, a private or 
     public secondary school, a local educational agency, or State 
     educational agency in that State, on individuals employed by, 
     under consideration for employment by, or otherwise in a 
     position in which the individual would work with or around 
     children in the school or agency.
       (c) Fingerprint-Based Check.--Where possible, the check 
     shall include a fingerprint-based check of State criminal 
     history databases.
       (d) Fees.--The Attorney General and the States may charge 
     any applicable fees for the checks.
       (e) Protection of Information.--An individual having 
     information derived as a result of a check under subsection 
     (b) may release that information only to appropriate officers 
     of child welfare agencies, public or private elementary or 
     secondary schools, or educational agencies or other persons 
     authorized by law to receive that information.
       (f) Criminal Penalties.--An individual who knowingly 
     exceeds the authority in subsection (b), or knowingly 
     releases information in violation of subsection (e), shall be 
     imprisoned not more than 10 years or fined under title 18, 
     United States Code, or both.
       (g) Child Welfare Agency Defined.--In this section, the 
     term ``child welfare agency'' means--
       (1) the State or local agency responsible for administering 
     the plan under part B or part E of title IV of the Social 
     Security Act; and
       (2) any other public agency, or any other private agency 
     under contract with the State or local agency responsible for 
     administering the plan under part B or part E of title IV of 
     the Social Security Act, that is responsible for the 
     licensing or approval of foster or adoptive parents.
       (h) Definition of Education Terms.--In this section, the 
     terms ``elementary school'', ``local educational agency'', 
     ``secondary school'', and ``State educational agency'' have 
     the meanings given to those terms in section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (i) Technical Correction.--Section 534 of title 28, United 
     States Code, is amended by redesignating the second 
     subsection (e) as subsection (f).

     SEC. 154. MISSING CHILD REPORTING REQUIREMENTS.

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

     SEC. 155. DNA FINGERPRINTING.

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

[[Page 15702]]



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

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

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

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

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

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

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

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

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

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

     SEC. 205. PENALTIES FOR SEXUAL ABUSE.

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

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

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

     ``Sec. 2245. Offenses resulting in death

       ``(a) In General.--A person who, in the course of an 
     offense under this chapter, or sections 1591, 2251, 2251A, 
     2260, 2421, 2422, 2423, or 2425, murders an individual, shall 
     be punished by death or imprisoned for any term of years or 
     for life.''.
       (4) Death penalty aggravating factor.--Section 3592(c)(1) 
     of title 18, United States Code, is amended by inserting 
     ``section 2245 (offenses resulting in death),'' after 
     ``(wrecking trains),''.
       (b) Sexual Exploitation and Other Abuse of Children.--
       (1) Sexual exploitation of children.--Section 2251(e) of 
     title 18, United States Code, is amended--
       (A) by inserting ``section 1591,'' after ``this chapter,'' 
     the first place it appears;
       (B) by striking ``the sexual exploitation of children'' the 
     first place it appears and inserting ``aggravated sexual 
     abuse, sexual abuse, abusive sexual contact involving a minor 
     or ward, or sex trafficking of children, or the production, 
     possession, receipt, mailing, sale, distribution, shipment, 
     or transportation of child pornography''; and
       (C) by striking ``any term of years or for life'' and 
     inserting ``not less than 30 years or for life''.
       (2) Activities relating to material involving the sexual 
     exploitation of children.--Section 2252(b) of title 18, 
     United States Code, is amended in paragraph (1)--
       (A) by striking ``paragraphs (1)'' and inserting 
     ``paragraph (1)'';
       (B) by inserting ``section 1591,'' after ``this chapter,''; 
     and
       (C) by inserting ``, or sex trafficking of children'' after 
     ``pornography''.
       (3) Activities relating to material constituting or 
     containing child pornography.--Section 2252A(b) of title 18, 
     United States Code, is amended in paragraph (1)--
       (A) by inserting ``section 1591,'' after ``this chapter,''; 
     and
       (B) by inserting ``, or sex trafficking of children'' after 
     ``pornography''.
       (4) Using misleading domain names to direct children to 
     harmful material on the internet.--Section 2252B(b) of title 
     18, United States Code, is amended by striking ``4'' and 
     inserting ``10''.
       (5) Extraterritorial child pornography offenses.--Section 
     2260(c) of title 18, United States Code, is amended to read 
     as follows:
       ``(c) Penalties.--
       ``(1) A person who violates subsection (a), or attempts or 
     conspires to do so, shall be subject to the penalties 
     provided in subsection (e) of section 2251 for a violation of 
     that section, including the penalties provided for such a 
     violation by a person with a prior conviction or convictions 
     as described in that subsection.
       ``(2) A person who violates subsection (b), or attempts or 
     conspires to do so, shall be subject to the penalties 
     provided in subsection (b)(1) of section 2252 for a violation 
     of paragraph (1), (2), or (3) of subsection (a) of that 
     section, including the penalties provided for such a 
     violation by a person with a prior conviction or convictions 
     as described in subsection (b)(1) of section 2252.''.
       (c) Mandatory Life Imprisonment for Certain Repeated Sex 
     Offenses Against Children.--Section 3559(e)(2)(A) of title 
     18, United States Code, is amended by inserting ``1591 
     (relating to sex trafficking of children),'' after ``under 
     section''.

     SEC. 207. SEXUAL ABUSE OF WARDS.

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

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

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

[[Page 15703]]

       (A) by striking ``or imprisonment for not more than 40 
     years, or both'' and inserting ``and imprisonment for not 
     less than 10 years or for life''; and
       (B) by striking ``, or both''.

     SEC. 209. CHILD ABUSE REPORTING.

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

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

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

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

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

     ``Sec. 3299. Child abduction and sex offenses

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

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

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

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

     SEC. 213. KIDNAPPING JURISDICTION.

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

     SEC. 214. MARITAL COMMUNICATION AND ADVERSE SPOUSAL 
                   PRIVILEGE.

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

     SEC. 215. ABUSE AND NEGLECT OF INDIAN CHILDREN.

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

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

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

         TITLE III--CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS

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

       (a) Grants Authorized.--Except as provided in subsection 
     (b), the Attorney General shall make grants to jurisdictions 
     for the purpose of establishing, enhancing, or operating 
     effective civil commitment programs for sexually dangerous 
     persons.
       (b) Limitation.--The Attorney General shall not make any 
     grant under this section for the purpose of establishing, 
     enhancing, or operating any transitional housing for a 
     sexually dangerous person in or near a location where minors 
     or other vulnerable persons are likely to come into contact 
     with that person.
       (c) Eligibility.--
       (1) In general.--To be eligible to receive a grant under 
     this section, a jurisdiction shall, before the expiration of 
     the compliance period--
       (A) have established a civil commitment program for 
     sexually dangerous persons that is consistent with guidelines 
     issued by the Attorney General; or
       (B) submit a plan for the establishment of such a program.
       (2) Compliance period.--The compliance period referred to 
     in paragraph (1) expires on the date that is 2 years after 
     the date of the enactment of this Act. However, the Attorney 
     General may, on a case-by-case basis, extend the compliance 
     period that applies to a jurisdiction if the Attorney General 
     considers such an extension to be appropriate.
       (3) Release notice.--
       (A) Each civil commitment program for which funding is 
     required under this section shall require the issuance of 
     timely notice to a State official responsible for considering 
     whether to pursue civil commitment proceedings upon the 
     impending release of any person incarcerated by the State 
     who--
       (i) has been convicted of a sexually violent offense; or
       (ii) has been deemed by the State to be at high risk for 
     recommitting any sexual offense against a minor.
       (B) The program shall further require that upon receiving 
     notice under subparagraph (A), the State official shall 
     consider whether or not to pursue a civil commitment 
     proceeding, or any equivalent proceeding required under State 
     law.
       (d) Attorney General Reports.--Not later than January 31 of 
     each year, beginning with 2008, the Attorney General shall 
     submit to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives a report on the progress of jurisdictions in 
     implementing this section and the rate of sexually violent 
     offenses for each jurisdiction.
       (e) Definitions.--As used in this section:
       (1) The term ``civil commitment program'' means a program 
     that involves--
       (A) secure civil confinement, including appropriate 
     control, care, and treatment during such confinement; and
       (B) appropriate supervision, care, and treatment for 
     individuals released following such confinement.
       (2) The term ``sexually dangerous person'' means a person 
     suffering from a serious mental illness, abnormality, or 
     disorder, as a result of which the individual would have 
     serious difficulty in refraining from sexually violent 
     conduct or child molestation.
       (3) The term ``jurisdiction'' has the meaning given such 
     term in section 111.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry

[[Page 15704]]

     out this section $10,000,000 for each of fiscal years 2007 
     through 2010.

     SEC. 302. JIMMY RYCE CIVIL COMMITMENT PROGRAM.

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

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

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

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

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

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

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

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

     SEC. 401. FAILURE TO REGISTER A DEPORTABLE OFFENSE.

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

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

       (a) Immigrant Family Members.--Section 204(a)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), is 
     amended--
       (1) in subparagraph (A)(i), by striking ``Any'' and 
     inserting ``Except as provided in clause (viii), any'';
       (2) in subparagraph (A), by inserting after clause (vii) 
     the following:
       ``(viii)(I) Clause (i) shall not apply to a citizen of the 
     United States who has been convicted of a specified offense 
     against a minor, unless the Secretary of Homeland Security, 
     in the Secretary's sole and unreviewable discretion, 
     determines that the citizen poses no risk to the alien

[[Page 15705]]

     with respect to whom a petition described in clause (i) is 
     filed.
       ``(II) For purposes of subclause (I), the term `specified 
     offense against a minor' is defined as in section 111 of the 
     Adam Walsh Child Protection and Safety Act of 2006.''; and
       (3) in subparagraph (B)(i)--
       (A) by striking ``(B)(i) Any alien'' and inserting the 
     following: ``(B)(i)(I) Except as provided in subclause (II), 
     any alien''; and
       (B) by adding at the end the following:

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

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

                 TITLE V--CHILD PORNOGRAPHY PREVENTION

     SEC. 501. FINDINGS.

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

     SEC. 502. OTHER RECORD KEEPING REQUIREMENTS.

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

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

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

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

       ``(a) Whoever produces any book, magazine, periodical, 
     film, videotape, digital image, digitally- or computer-
     manipulated image of an actual human being, picture, or other 
     matter that--

[[Page 15706]]

       ``(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--

[[Page 15707]]

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

     ``Sec. 2254. Civil forfeiture

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

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

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

     SEC. 507. GUARDIANS AD LITEM.

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

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

              Subtitle A--Mentoring Matches for Youth Act

     SEC. 601. SHORT TITLE.

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

     SEC. 602. FINDINGS.

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

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

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

     SEC. 604. BIANNUAL REPORT.

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

     SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

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

    Subtitle B--National Police Athletic League Youth Enrichment Act

     SEC. 611. SHORT TITLE.

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

     SEC. 612. FINDINGS.

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

     SEC. 613. PURPOSE.

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

     SEC. 614. GRANTS AUTHORIZED.

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

     SEC. 615. USE OF FUNDS.

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

     SEC. 616. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 617. NAME OF LEAGUE.

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

           Subtitle C--Grants, Studies, and Other Provisions

     SEC. 621. PILOT PROGRAM FOR MONITORING SEXUAL OFFENDERS.

       (a) Sex Offender Monitoring Program.--

[[Page 15708]]

       (1) Grants authorized.--
       (A) In general.--The Attorney General is authorized to 
     award grants (referred to as ``Jessica Lunsford and Sarah 
     Lunde Grants'') to States, local governments, and Indian 
     tribal governments to assist in--
       (i) carrying out programs to outfit sex offenders with 
     electronic monitoring units; and
       (ii) the employment of law enforcement officials necessary 
     to carry out such programs.
       (B) Duration.--The Attorney General shall award grants 
     under this section for a period not to exceed 3 years.
       (C) Minimum standards.--The electronic monitoring units 
     used in the pilot program shall at a minimum--
       (i) provide a single-unit tracking device for each offender 
     that--

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

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

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

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

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

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

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

     ``SEC. 3011. SEX OFFENDER APPREHENSION GRANTS.

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

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

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

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

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

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

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

     SEC. 626. CRIME PREVENTION CAMPAIGN GRANT.

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

                ``CHAPTER 4--GRANTS TO PRIVATE ENTITIES

     ``SEC. 519. CRIME PREVENTION CAMPAIGN GRANT.

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

[[Page 15709]]

       ``(4) for fiscal year 2010, $10,000,000.''.

     SEC. 627. GRANTS FOR FINGERPRINTING PROGRAMS FOR CHILDREN.

       (a) In General.--The Attorney General shall establish and 
     implement a program under which the Attorney General may make 
     grants to States, units of local government, and Indian 
     tribal governments in accordance with this section.
       (b) Use of Grant Amounts.--A grant made to a State, unit of 
     local government, or Indian tribal government under 
     subsection (a) shall be distributed to law enforcement 
     agencies within the jurisdiction of such State, unit, or 
     tribal government to be used for any of the following 
     activities:
       (1) To establish a voluntary fingerprinting program for 
     children, which may include the taking of palm prints of 
     children.
       (2) To hire additional law enforcement personnel, or train 
     existing law enforcement personnel, to take fingerprints of 
     children.
       (3) To provide information within the community involved 
     about the existence of such a fingerprinting program.
       (4) To provide for computer hardware, computer software, or 
     other materials necessary to carry out such a fingerprinting 
     program.
       (c) Limitation.--Fingerprints of a child derived from a 
     program funded under this section--
       (1) may be released only to a parent or guardian of the 
     child; and
       (2) may not be copied or retained by any Federal, State, 
     local, or tribal law enforcement officer unless written 
     permission is given by the parent or guardian.
       (d) Criminal Penalty.--Any person who uses the fingerprints 
     of a child derived from a program funded under this section 
     for any purpose other than the purpose described in 
     subsection (c)(1) shall be subject to imprisonment for not 
     more than 1 year, a fine under title 18, United States Code, 
     or both.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated $20,000,000 to carry out this section for 
     the 5-year period beginning on the first day of fiscal year 
     2007.

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

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

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

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

     SEC. 630. GRANTS FOR ONLINE CHILD SAFETY PROGRAMS.

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

     SEC. 631. JESSICA LUNSFORD ADDRESS VERIFICATION GRANT 
                   PROGRAM.

       (a) Establishment.--There is established the Jessica 
     Lunsford Address Verification Grant Program (hereinafter in 
     this section referred to as the ``Program'').

[[Page 15710]]

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

     SEC. 632. FUGITIVE SAFE SURRENDER.

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

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

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

     SEC. 634. COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES.

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

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

       Not later than July 1 of each year, the Attorney General 
     shall submit a report to Congress describing--
       (1) the use by the Department of Justice of the United 
     States Marshals Service to assist jurisdictions in locating 
     and apprehending sex offenders who fail to comply with sex 
     offender registration requirements, as authorized by this 
     Act;
       (2) the use of section 2250 of title 18, United States Code 
     (as added by section 151 of this Act), to punish offenders 
     for failure to register;

[[Page 15711]]

       (3) a detailed explanation of each jurisdiction's 
     compliance with the Sex Offender Registration and 
     Notification Act;
       (4) a detailed description of Justice Department efforts to 
     ensure compliance and any funding reductions, the basis for 
     any decision to reduce funding or not to reduce funding under 
     section 125; and
       (5) the denial or grant of any extensions to comply with 
     the Sex Offender Registration and Notification Act, and the 
     reasons for such denial or grant.

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

       For the purposes of determining the feasibility of using 
     driver's license registration processes as additional 
     registration requirements for sex offenders to improve the 
     level of compliance with sex offender registration 
     requirements for change of address upon relocation and other 
     related updates of personal information, the Congress 
     requires the following studies:
       (1) Not later than 180 days after the date of the enactment 
     of this Act, the Government Accountability Office shall 
     complete a study for the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives to survey a majority of the States to assess 
     the relative systems capabilities to comply with a Federal 
     law that required all State driver's license systems to 
     automatically access State and national databases of 
     registered sex offenders in a form similar to the requirement 
     of the Nevada law described in paragraph (2). The Government 
     Accountability Office shall use the information drawn from 
     this survey, along with other expert sources, to determine 
     what the potential costs to the States would be if such a 
     Federal law came into effect, and what level of Federal 
     grants would be required to prevent an unfunded mandate. In 
     addition, the Government Accountability Office shall seek the 
     views of Federal and State law enforcement agencies, 
     including in particular the Federal Bureau of Investigation, 
     with regard to the anticipated effects of such a national 
     requirement, including potential for undesired side effects 
     in terms of actual compliance with this Act and related laws.
       (2) Not later than February 1, 2007, the Government 
     Accountability Office shall complete a study to evaluate the 
     provisions of Chapter 507 of Statutes of Nevada 2005 to 
     determine--
       (A) if those provisions are effective in increasing the 
     registration compliance rates of sex offenders;
       (B) the aggregate direct and indirect costs for the State 
     of Nevada to bring those provisions into effect; and
       (C) how those provisions might be modified to improve 
     compliance by registered sex offenders.

     SEC. 637. SEX OFFENDER RISK CLASSIFICATION STUDY.

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

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

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

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

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

                     TITLE VII--INTERNET SAFETY ACT

     SEC. 701. CHILD EXPLOITATION ENTERPRISES.

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

     SEC. 702. INCREASED PENALTIES FOR REGISTERED SEX OFFENDERS.

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

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

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

[[Page 15712]]

     United States Code, is amended by adding at the end the 
     following new item:

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

     SEC. 703. DECEPTION BY EMBEDDED WORDS OR IMAGES.

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

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

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

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

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

       (a) Definition.--In this section, the term ``offenses 
     relating to the sexual exploitation of children'' shall 
     include any offense committed in violation of--
       (1) chapter 71 of title 18, United States Code, involving 
     an obscene visual depiction of a minor, or transfer of 
     obscene materials to a minor;
       (2) chapter 109A of title 18, United States Code, involving 
     a victim who is a minor;
       (3) chapter 109B of title 18, United States Code;
       (4) chapter 110 of title 18, United States Code;
       (5) chapter 117 of title 18, United States Code involving a 
     victim who is a minor; and
       (6) section 1591 of title 18, United States Code.
       (b) Additional Prosecutors.--In fiscal year 2007, the 
     Attorney General shall, subject to the availability of 
     appropriations for such purposes, increase by not less than 
     200 the number of attorneys in United States Attorneys' 
     Offices. The additional attorneys shall be assigned to 
     prosecute offenses relating to the sexual exploitation of 
     children.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Department of Justice for fiscal 
     year 2007 such sums as may be necessary to carry out this 
     section.

     SEC. 705. ADDITIONAL COMPUTER-RELATED RESOURCES.

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

     SEC. 706. ADDITIONAL ICAC TASK FORCES.

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

     SEC. 707. MASHA'S LAW.

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

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

  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.

[[Page 15713]]

  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.
  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

[[Page 15714]]

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 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, DC, 
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.

[[Page 15715]]


  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.
  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

[[Page 15716]]

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 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 2 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

[[Page 15717]]

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 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. 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

[[Page 15718]]

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.
  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 manner 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. 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. 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.

[[Page 15719]]

  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 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.

[[Page 15720]]

  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 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,

[[Page 15721]]

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

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