[Congressional Record (Bound Edition), Volume 152 (2006), Part 3]
[House]
[Pages 2954-2991]
[From the U.S. Government Publishing Office, www.gpo.gov]




       CHILDREN'S SAFETY AND VIOLENT CRIME REDUCTION ACT OF 2006

  Mr. SENSENBRENNER. Madam Speaker, I move to suspend the rules and 
pass 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, 
as amended.
  The Clerk read as follows:

                               H.R. 4472

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

        TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT

Sec. 101. Short title.
Sec. 102. Declaration of purpose.

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

Sec. 111. Relevant definitions, including Amie Zyla expansion of sex 
              offender definition and expanded inclusion of child 
              predators.
Sec. 112. Registry requirements for jurisdictions.
Sec. 113. Registry requirements for sex offenders.
Sec. 114. Information required in registration.
Sec. 115. Duration of registration requirement.
Sec. 116. In person verification.
Sec. 117. Duty to notify sex offenders of registration requirements and 
              to register.
Sec. 118. Jessica Lunsford Address Verification Program.
Sec. 119. National Sex Offender Registry.
Sec. 120. Dru Sjodin National Sex Offender Public Website.
Sec. 121. Public access to sex offender information through the 
              Internet.
Sec. 122. Megan Nicole Kanka and Alexandra Nicole Zapp Community 
              Notification Program.
Sec. 123. Actions to be taken when sex offender fails to comply.
Sec. 124. Immunity for good faith conduct.
Sec. 125. Development and availability of registry management software.
Sec. 126. Federal duty when State programs not minimally sufficient.
Sec. 127. Period for implementation by jurisdictions.
Sec. 128. Failure to comply.
Sec. 129. Sex Offender Management Assistance (soma) Program.
Sec. 130. Demonstration project for use of electronic monitoring 
              devices.
Sec. 131. Bonus payments to States that implement electronic 
              monitoring.
Sec. 132. Access to national crime information databases.
Sec. 133. Limited immunity for National Center for Missing and 
              Exploited Children with respect to CyberTipline.
Sec. 134. Treatment and management of sex offenders in the Bureau of 
              Prisons.
Sec. 135. GAO studies on feasibility of using driver's license 
              registration processes as additional registration 
              requirements for sex offenders.
Sec. 136. Assistance in identification and location of sex offenders 
              relocated as a result of a major disaster.
Sec. 137. Election by Indian tribes.
Sec. 138. Registration of prisoners released from foreign imprisonment.
Sec. 139. Sex offender risk classification study.
Sec. 140. Study of the effectiveness of restricting the activities of 
              sex offenders to reduce the occurrence of repeat 
              offenses.

   Subtitle B--Criminal Law Enforcement of Registration Requirements

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

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

Sec. 161. Establishment.
Sec. 162. Director.
Sec. 163. Duties and functions.

                      TITLE II--DNA FINGERPRINTING

Sec. 201. Technical amendment.
Sec. 202. Stopping Violent Predators Against Children.
Sec. 203. Model code on investigating missing persons and deaths.

    TITLE III--PREVENTION AND DETERRENCE OF CRIMES AGAINST CHILDREN

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

      TITLE IV--PROTECTION AGAINST SEXUAL EXPLOITATION OF CHILDREN

Sec. 401. Increased penalties for sexual offenses against children.
Sec. 402. Sense of Congress with respect to prosecutions under Section 
              2422(b) of title 18, United States Code.
Sec. 403. Grants for Child Sexual Abuse Prevention Programs.

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

Sec. 501. Requirement to complete background checks before approval of 
              any foster or adoptive placement and to check national 
              crime information databases and State child abuse 
              registries; suspension and subsequent elimination of Opt-
              Out.
Sec. 502. Access to Federal crime information databases for certain 
              purposes.
Sec. 503. Penalties for coercion and enticement by sex offenders.
Sec. 504. Penalties for conduct relating to child prostitution.
Sec. 505. Penalties for sexual abuse.
Sec. 506. Sex offender submission to search as condition of release.
Sec. 507. Kidnapping jurisdiction.
Sec. 508. Marital communication and adverse spousal privilege.
Sec. 509. Abuse and neglect of Indian children.
Sec. 510. Jimmy Ryce Civil commitment program.
Sec. 511. Jimmy Ryce State civil commitment programs for sexually 
              dangerous persons.
Sec. 512. Mandatory penalties for sex-trafficking of children.
Sec. 513. Sexual abuse of wards.
Sec. 514. No limitation for prosecution of felony sex offenses.
Sec. 515. Child abuse reporting.

                 TITLE VI--CHILD PORNOGRAPHY PREVENTION

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

                       TITLE VII--COURT SECURITY

Sec. 701. Judicial branch security requirements.
Sec. 702. Additional amounts for United States Marshals Service to 
              protect the judiciary.
Sec. 703. Protections against malicious recording of fictitious liens 
              against Federal judges and Federal law enforcement 
              officers.
Sec. 704. Protection of individuals performing certain official duties.

[[Page 2955]]

Sec. 705. Report on security of Federal prosecutors.
Sec. 706. Flight to avoid prosecution for killing peace officers.
Sec. 707. Special penalties for murder, kidnapping, and related crimes 
              against Federal judges and Federal law enforcement 
              officers.
Sec. 708. Authority of Federal judges and prosecutors to carry 
              firearms.
Sec. 709. Penalties for certain assaults.
Sec. 710. David March and Henry Prendes protection of federally funded 
              public safety officers.
Sec. 711. Modification of definition of offense and of the penalties 
              for, influencing or injuring officer or juror generally.
Sec. 712. Modification of tampering with a witness, victim, or an 
              informant offense.
Sec. 713. Modification of retaliation offense.
Sec. 714. Inclusion of intimidation and retaliation against witnesses 
              in State prosecutions as basis for Federal prosecution.
Sec. 715. Clarification of venue for retaliation against a witness.
Sec. 716. Prohibition of possession of dangerous weapons in Federal 
              court facilities.
Sec. 717. General modifications of Federal murder crime and related 
              crimes.
Sec. 718. Witness protection grant program.
Sec. 719. Funding for State courts to assess and enhance court security 
              and emergency preparedness.
Sec. 720. Grants to States for threat assessment databases.
Sec. 721. Grants to States to protect witnesses and victims of crimes.
Sec. 722. Grants for young witness assistance.
Sec. 723. State and local court eligibility.

         TITLE VIII--REDUCTION AND PREVENTION OF GANG VIOLENCE

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

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

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

                       TITLE X--CRIME PREVENTION

Sec. 1001. Crime prevention campaign grant.
Sec. 1002. The Justice for Crime Victims Family Act.

        TITLE XI--NATIONAL CHILD ABUSE AND NEGLECT REGISTRY ACT

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

        TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT

     SEC. 101. SHORT TITLE.

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

     SEC. 102. DECLARATION OF PURPOSE.

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

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

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

       In this title the following definitions apply:
       (1) Sex offender registry.--The term ``sex offender 
     registry'' means a registry of sex offenders, and a 
     notification program, maintained by a jurisdiction.
       (2) Jurisdiction.--The term jurisdiction means any of the 
     following:
       (A) A State.
       (B) The District of Columbia.
       (C) The Commonwealth of Puerto Rico.
       (D) Guam.
       (E) American Samoa.
       (F) The Northern Mariana Islands.
       (G) The United States Virgin Islands.
       (H) To the extent provided and subject to the requirements 
     of section 137, a federally recognized Indian tribe.
       (3) Sex offender.--The term ``sex offender'' means an 
     individual who, either before or after the enactment of this 
     Act, was convicted of, or adjudicated as a juvenile 
     delinquent for, a sex offense.
       (4) Expansion of definition of offense to include all child 
     predators.--The term ``specified offense against a minor'' 
     means an offense against a minor that involves any of the 
     following:
       (A) An offense (unless committed by a parent) involving 
     kidnapping.
       (B) An offense (unless committed by a parent) involving 
     false imprisonment.
       (C) Solicitation to engage in sexual conduct.
       (D) Use in a sexual performance.
       (E) Solicitation to practice prostitution.
       (F) Possession, production, or distribution of child 
     pornography.
       (G) Criminal sexual conduct involving a minor, or the use 
     of the Internet to facilitate or attempt such conduct.
       (H) Any conduct that by its nature is a sex offense against 
     a minor.
       (I) Video voyeurism, as described in section 1801 of title 
     18, United States Code.
       (J) Any attempt or conspiracy to commit an offense 
     described in this paragraph.
       (5) Tier i sex offender.--The term ``tier I sex offender'' 
     means a sex offender whose offense is punishable by 
     imprisonment for one year or less.
       (6) Tier ii sex offender.--The term ``tier II sex 
     offender'' means a sex offender who is not a Tier III sex 
     offender whose offense--
       (A) is punishable by imprisonment for more than one year; 
     or
       (B) occurs after the offender becomes a tier I sex 
     offender.
       (7) Tier iii sex offender.--The term ``tier III sex 
     offender'' means a sex offender whose offense is punishable 
     by imprisonment for more than one year and--
       (A) involves a crime of violence as defined in section 16 
     of title 18, United States Code, against the person of 
     another, except a crime of violence consisting of an abusive 
     sexual contact, as defined in section 2246;
       (B) is an offense where the victim had not attained the age 
     of 13 years; or
       (C) occurs after the offender becomes a tier II sex 
     offender.
       (8) Amy zyla expansion of sex offense definition.--The term 
     ``sex offense'' means--
       (A) a State, local, tribal, foreign, or other criminal 
     offense that has an element involving a sexual act or sexual 
     contact with another or an attempt or conspiracy to commit

[[Page 2956]]

     such an offense, but does not include an offense involving 
     consensual sexual conduct where the victim was an adult or 
     was at least 13 years old and the offender was not more than 
     4 years older than the victim;
       (B) a State, local, tribal, foreign, or other specified 
     offense against a minor;
       (C) a Federal offense (including an offense prosecuted 
     under section 1152 or 1153 of title 18, United States Code) 
     under section 1201, 1591, or 1801, or chapter 109A, 110, or 
     117, of title 18, United States Code, or any other Federal 
     offense designated by the Attorney General for the purposes 
     of this paragraph; or
       (D) a military offense specified by the Secretary of 
     Defense under section 115(a)(8)(C)(i) of Public Law 105-119 
     (10 U.S.C. 951 note).
       (9) Student.--The term ``student'' means an individual who 
     enrolls or attends an educational institution, including 
     (whether public or private) a secondary school, trade or 
     professional school, and institution of higher education.
       (10) Employee.--The term ``employee'' includes an 
     individual who is self-employed or works for any other 
     entity, whether compensated or not.
       (11) Resides.--The term ``resides'' means, with respect to 
     an individual, the location of the individual's home or other 
     place where the individual lives.
       (12) Minor.--The term ``minor'' means an individual who has 
     not attained the age of 18 years.
       (13) Convicted.--The term ``convicted'' or a variant 
     thereof, used with respect to a sex offense, includes 
     adjudicated deliquent as a juvenile for that offense.

     SEC. 112. REGISTRY REQUIREMENTS FOR JURISDICTIONS.

       Each jurisdiction shall maintain a jurisdiction-wide sex 
     offender registry conforming to the requirements of this 
     title. The Attorney General shall issue guidelines and 
     regulations to interpret and implement this title.

     SEC. 113. REGISTRY REQUIREMENTS FOR SEX OFFENDERS.

       (a) In General.--A sex offender must register, and keep the 
     registration current, in each jurisdiction where the offender 
     was convicted, where the offender resides, where the offender 
     is an employee, and where the offender is a student.
       (b) Initial Registration.--The sex offender shall initially 
     register--
       (1) before completing a sentence of imprisonment with 
     respect to the offense giving rise to the registration 
     requirement; or
       (2) not later than 5 days after being sentenced for that 
     offense, if the sex offender is not sentenced to a term of 
     imprisonment.
       (c) Keeping the Registration Current.--A sex offender must 
     inform each jurisdiction involved, not later than 3 days 
     after each change of residence, employment, or student 
     status.
       (d) Initial Registration of Sex Offenders Unable to Comply 
     With Subsection (b).--The Attorney General shall prescribe 
     rules for the registration of sex offenders convicted before 
     the enactment of this Act or its implementation in a 
     particular jurisdiction, and for other categories of sex 
     offenders who are unable to comply with subsection (b).
       (e) State Penalty for Failure to Comply.--Each 
     jurisdiction, other than a Federally recognized Indian tribe, 
     shall provide a criminal penalty, that includes a maximum 
     term of imprisonment that is greater than one year, and a 
     minimum term of imprisonment that is no less than 90 days, 
     for the failure of a sex offender to comply with the 
     requirements of this title.

     SEC. 114. INFORMATION REQUIRED IN REGISTRATION.

       (a) Provided by the Offender.--The sex offender must 
     provide the following information to the appropriate official 
     for inclusion in the sex offender registry:
       (1) The name and physical description of the sex offender 
     (including any alias used by the individual).
       (2) The Social Security number of the sex offender.
       (3) The address of the residence at which the sex offender 
     resides or will reside.
       (4) The name and address of the place where the sex 
     offender is employed or will be employed.
       (5) The name and address of the place where the sex 
     offender is a student or will be a student.
       (6) The license plate number and description of any vehicle 
     owned or operated by the sex offender.
       (7) A photograph of the sex offender.
       (8) A set of fingerprints and palm prints of the sex 
     offender, if the appropriate official determines that the 
     jurisdiction does not already have available an accurate set.
       (9) A DNA sample of the sex offender, if the appropriate 
     official determines that the jurisdiction does not already 
     have available an appropriate DNA sample.
       (10) A photocopy of a valid driver's license or 
     identification card issued to the sex offender by a 
     jurisdiction.
       (11) Any other information required by the Attorney 
     General.
       (b) Provided by the Jurisdiction.--The jurisdiction in 
     which the sex offender registers shall include the following 
     information in the registry for that sex offender:
       (1) A statement of the facts of the offense giving rise to 
     the requirement to register under this title, including the 
     date of the offense, and whether or not the sex offender was 
     prosecuted as a juvenile at the time of the offense.
       (2) The criminal history of the sex offender.
       (3) Any other information required by the Attorney General.

     SEC. 115. DURATION OF REGISTRATION REQUIREMENT.

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

     SEC. 116. IN PERSON VERIFICATION.

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

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

       An appropriate official shall, shortly before release from 
     custody of the sex offender, or, if the sex offender is not 
     in custody, immediately after the sentencing of the sex 
     offender, for the offense giving rise to the duty to 
     register--
       (1) inform the sex offender of the duty to register and 
     explain that duty;
       (2) require the sex offender to read and sign a form 
     stating that the duty to register has been explained and that 
     the sex offender understands the registration requirement; 
     and
       (3) ensure that the sex offender is registered.

     SEC. 118. JESSICA LUNSFORD ADDRESS VERIFICATION PROGRAM.

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

     SEC. 119. NATIONAL SEX OFFENDER REGISTRY.

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

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

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

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

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

     SEC. 122. MEGAN NICOLE KANKA AND ALEXANDRA NICOLE ZAPP 
                   COMMUNITY NOTIFICATION PROGRAM.

       (a) Establishment of Program.--There is established the 
     Megan Nicole Kanka and Alexandra Nicole Zapp Community 
     Program (hereinafter in this section referred to as the 
     ``Program'').

[[Page 2957]]

       (b) Program Notification.--Except as provided in subsection 
     (c), not later than 5 days after a sex offender registers or 
     updates a registration, an appropriate official in the 
     jurisdiction shall provide the information in the registry 
     (other than information exempted from disclosure by the 
     Attorney General) about that offender to the following:
       (1) The Attorney General, who shall include that 
     information in the National Sex Offender Registry or other 
     appropriate data bases.
       (2) Appropriate law enforcement agencies (including 
     probation agencies, if appropriate), and each school and 
     public housing agency, in each area in which the individual 
     resides, is employed, or is a student.
       (3) Each jurisdiction where the sex offender resides, 
     works, or attends school, and each jurisdiction from or to 
     which a change of residence, work, or student status occurs.
       (4) Any agency responsible for conducting employment-
     related background checks under section 3 of the National 
     Child Protection Act of 1993 (42 U.S.C. 5119a).
       (5) Social service entities responsible for protecting 
     minors in the child welfare system.
       (6) Volunteer organizations in which contact with minors or 
     other vulnerable individuals might occur.
       (7) The community at large.
       (c) Exception.--In the case of a tier I sex offender whose 
     offense is a juvenile adjudication, the Attorney General may 
     authorize limitation of the entities to which the Program 
     notification is given when the Attorney General determines it 
     is consistent with public safety to do so.

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

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

     SEC. 124. IMMUNITY FOR GOOD FAITH CONDUCT.

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

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

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

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

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

     SEC. 127. PERIOD FOR IMPLEMENTATION BY JURISDICTIONS.

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

     SEC. 128. FAILURE TO COMPLY.

       (a) In General.--For any fiscal year after the end of the 
     period for implementation, a jurisdiction that fails, as 
     determined by the Attorney General, substantially to 
     implement this title shall not receive 10 percent of the 
     funds that would otherwise be allocated for that fiscal year 
     to the jurisdiction under subpart 1 of part E of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3570 et seq.).
       (b) Reallocation.--Amounts not allocated under a program 
     referred to in paragraph (1) to a jurisdiction for failure to 
     fully implement this title shall be reallocated under that 
     program to jurisdictions that have not failed to implement 
     this title or may be reallocated to a jurisdiction from which 
     they were withheld to be used solely for the purpose of 
     implementing this title.
       (c) Rule of Construction.--The provisions of this title 
     that are cast as directions to jurisdictions or their 
     officials constitute, in relation to States, only conditions 
     required to avoid the reduction of Federal funding under this 
     section.

     SEC. 129. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM.

       (a) In General.--The Attorney General shall establish and 
     implement a Sex Offender Management Assistance program (in 
     this title referred to as the ``SOMA program'') under which 
     the Attorney General may award a grant to a jurisdiction to 
     offset the costs of implementing this title.
       (b) Application.--The chief executive of a jurisdiction 
     shall, on an annual basis, submit to the Attorney General an 
     application in such form and containing such information as 
     the Attorney General may require.
       (c) Bonus Payments for Prompt Compliance.--A jurisdiction 
     that, as determined by the Attorney General, has 
     substantially implemented this title not later than two years 
     after the date of the enactment of this Act is eligible for a 
     bonus payment. The Attorney General may make such a payment 
     under the SOMA program for the first fiscal year beginning 
     after that determination. The amount of the payment shall 
     be--
       (1) 10 percent of the total received by the jurisdiction 
     under the SOMA program for the preceding fiscal year, if that 
     implementation is not later than one year after the date of 
     enactment of this Act; and
       (2) 5 percent of such total, if not later than two years 
     after that date.
       (d) Authorization of Appropriations.--In addition to any 
     amounts otherwise authorized to be appropriated, there are 
     authorized to be appropriated such sums as may be necessary 
     to the Attorney General, to be available only for the SOMA 
     program, for fiscal years 2006 through 2008.

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

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

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

       (a) In General.--A jurisdiction that, within 3 years after 
     the date of the enactment of this Act, has in effect laws and 
     policies described in subsection (b) shall be eligible for a 
     bonus payment described in subsection (c), to be paid by the 
     Attorney General from any amounts available to the Attorney 
     General for such purpose.
       (b) Electronic Monitoring Laws and Policies.--
       (1) In general.--Laws and policies referred to in 
     subsection (a) are laws and policies that ensure that 
     electronic monitoring is required of a person if that person 
     is released after being convicted of a sex offense in which 
     an individual who has not attained the age of 18 years is the 
     victim.
       (2) Monitoring required.--The monitoring required under 
     paragraph (1) is a system that actively monitors and 
     identifies the person's location and timely reports or 
     records the person's presence near or within a crime scene or 
     in a prohibited area or the person's departure from specified 
     geographic limitations.
       (3) Duration.--The electronic monitoring required by 
     paragraph (1) shall be required of the person--
       (A) for the life of the person, if--
       (i) an individual who has not attained the age of 12 years 
     is the victim; or
       (ii) the person has a prior sex conviction (as defined in 
     section 3559(e) of title 18, United States Code); and
       (B) for the period during which the person is on probation, 
     parole, or supervised release for the offense, in any other 
     case.
       (4) Jurisdiction required to monitor all sex offenders 
     residing in jurisdiction.--In addition, laws and policies 
     referred to in subsection (a) also include laws and policies 
     that ensure that the jurisdiction frequently monitors each 
     person residing in the jurisdiction for whom electronic 
     monitoring is required, whether such monitoring is required 
     under this section or under section 3563(a)(9) of title 18, 
     United States Code.
       (c) Bonus Payments.--The bonus payment referred to in 
     subsection (a) is a payment equal to 10 percent of the funds 
     that would otherwise be allocated for that fiscal year to the 
     jurisdiction under subpart 1 of part E of

[[Page 2958]]

     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3570 et seq.).

     SEC. 132. ACCESS TO NATIONAL CRIME INFORMATION DATABASES.

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

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

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

     SEC. 134. TREATMENT AND MANAGEMENT OF SEX OFFENDERS IN THE 
                   BUREAU OF PRISONS.

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

     SEC. 135. GAO STUDIES ON FEASIBILITY OF USING DRIVER'S 
                   LICENSE REGISTRATION PROCESSES AS ADDITIONAL 
                   REGISTRATION REQUIREMENTS FOR SEX OFFENDERS.

       For the purposes of determining the feasibility of using 
     driver's license registration processes as additional 
     registration requirements for sex offenders to improve the 
     level of compliance with sex offender registration 
     requirements for change of address upon relocation and other 
     related updates of personal information, the Congress 
     requires the following studies:
       (1) Not later than 180 days after the date of the enactment 
     of this Act, the Government Accountability Office shall 
     complete a study for the Committee on the Judiciary of the 
     House of Representatives to survey a majority of the States 
     to assess the relative systems capabilities to comply with a 
     Federal law that required all State driver's license systems 
     to automatically access State and national databases of 
     registered sex offenders in a form similar to the requirement 
     of the Nevada law described in paragraph (2). The Government 
     Accountability Office shall use the information drawn from 
     this survey, along with other expert sources, to determine 
     what the potential costs to the States would be if such a 
     Federal law came into effect, and what level of Federal 
     grants would be required to prevent an unfunded mandate. In 
     addition, the Government Accountability Office shall seek the 
     views of Federal and State law enforcement agencies, 
     including in particular the Federal Bureau of Investigation, 
     with regard to the anticipated effects of such a national 
     requirement, including potential for undesired side effects 
     in terms of actual compliance with this Act and related laws.
       (2) Not later than October 2006, the Government 
     Accountability Office shall complete a study to evaluate the 
     provisions of Chapter 507 of Statutes of Nevada 2005 to 
     determine--
       (A) if those provisions are effective in increasing the 
     registration compliance rates of sex offenders;
       (B) the aggregate direct and indirect costs for the state 
     of Nevada to bring those provisions into effect; and
       (C) whether those provisions should be modified to improve 
     compliance by registered sex offenders.

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

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

     SEC. 137. ELECTION BY INDIAN TRIBES.

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

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

       The Attorney General, in consultation with the Secretary of 
     State and the Secretary of Homeland Security, shall establish 
     and maintain a system for informing the relevant 
     jurisdictions about persons entering the United States who 
     are required to register under this title.

     SEC. 139. SEX OFFENDER RISK CLASSIFICATION STUDY.

       (a) Study.--The Attorney General shall conduct a study of 
     risk-based sex offender classification systems, which shall 
     include an analysis of--
       (1) various risk-based sex offender classification systems;
       (2) the methods and assessment tools available to assess 
     the risks posed by sex offenders;
       (3) the efficiency and effectiveness of risk-based sex 
     offender classification systems, in comparison to offense-
     based sex offender classification systems, in--
       (A) reducing threats to public safety posed by sex 
     offenders; and
       (B) assisting law enforcement agencies and the public in 
     identifying the most dangerous sex offenders;
       (4) the resources necessary to implement, and the legal 
     implications of implementing, risk-based sex offender 
     classification systems for sex offender registries; and
       (5) any other information the Attorney General determines 
     necessary to evaluate risk-based sex offender classification 
     systems.

[[Page 2959]]

       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Attorney General shall report to 
     the Congress the results of the study under this section.
       (c) Study Conducted by Task Force.--The Attorney General 
     may establish a task force to conduct the study and prepare 
     the report required under this section. Any task force 
     established under this section shall be composed of members, 
     appointed by the Attorney General, who--
       (1) represent national, State, and local interests; and
       (2) are especially qualified to serve on the task force by 
     virtue of their education, training, or experience, 
     particularly in the fields of sex offender management, 
     community education, risk assessment of sex offenders, and 
     sex offender victim issues.

     SEC. 140. STUDY OF THE EFFECTIVENESS OF RESTRICTING THE 
                   ACTIVITIES OF SEX OFFENDERS TO REDUCE THE 
                   OCCURRENCE OF REPEAT OFFENSES.

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

   Subtitle B--Criminal Law Enforcement of Registration Requirements

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

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

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

``Sec
``2250. Failure to register

     ``Sec. 2250. Failure to register

       ``Whoever is required to register under the Sex Offender 
     Registration and Notification Act and--
       ``(1) is a sex offender as defined for the purposes of that 
     Act by reason of a conviction under Federal law; or
       ``(2) travels in interstate or foreign commerce, or enters 
     or leaves, or resides in, Indian country;

     and knowingly fails to register as required shall be fined 
     under this title or imprisoned not more than 20 years, or 
     both.''.
       (b) Clerical Amendment.--The table of chapters for part I 
     of title 18, United States Code, is amended by inserting 
     after the item relating to chapter 109A the following new 
     item:

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

       (c) False Statement Offense.--Section 1001(a) of title 18, 
     United States Code, is amended by adding at the end the 
     following: ``If the matter relates to an offense under 
     chapter 109A, 109B, 110, or 117, or section 1591, then the 
     term of imprisonment imposed under this section shall be not 
     more than 10 years.''.
       (d) Probation.--Paragraph (8) of section 3563(a) of title 
     18, United States Code, is amended to read as follows:
       ``(8) for a person required to register under the Sex 
     Offender Registration and Notification Act, that the person 
     comply with the requirements of that Act; and''.
       (e) Supervised Release.--Section 3583 of title 18, United 
     States Code, is amended--
       (1) in subsection (d), in the sentence beginning with ``The 
     court shall order, as an explicit condition of supervised 
     release for a person described in section 4042(c)(4)'', by 
     striking ``described in section 4042(c)(4)'' and all that 
     follows through the end of the sentence and inserting 
     ``required to register under the Sex Offender Registration 
     and Notification Act that the person comply with the 
     requirements of that Act.''.
       (2) in subsection (k)--
       (A) by striking ``2244(a)(1), 2244(a)(2)'' and inserting 
     ``2243, 2244, 2245, 2250'';
       (B) by inserting ``not less than 5,'' after ``any term of 
     years''; and
       (C) by adding at the end the following: ``If a defendant 
     required to register under the Sex Offender Registration and 
     Notification Act violates the requirements of that Act or 
     commits any criminal offense for which imprisonment for a 
     term longer than one year can be imposed, the court shall 
     revoke the term of supervised release and require the 
     defendant to serve a term of imprisonment under subsection 
     (e)(3) without regard to the exception contained therein. 
     Such term shall be not less than 5 years, and if the offense 
     was an offense under chapter 109A, 109B, 110, or 117, or 
     section 1591, not less than 10 years.''.
       (f) Duties of Bureau of Prisons.--Paragraph (3) of section 
     4042(c) of title 18, United States Code, is amended to read 
     as follows:
       ``(3) The Director of the Bureau of Prisons shall inform a 
     person who is released from prison and required to register 
     under the Sex Offender Registration and Notification Act of 
     the requirements of that Act as they apply to that person and 
     the same information shall be provided to a person sentenced 
     to probation by the probation officer responsible for 
     supervision of that person.''.
       (g) Conforming Amendments to Cross References.--Paragraphs 
     (1) and (2) of section 4042(c) of title 18, United States 
     Code, are each amended by striking ``(4)'' each place it 
     appears and inserting ``(3)''.
       (h) Conforming Repeal of Deadwood.--Paragraph (4) of 
     section 4042(c) of title 18, United States Code, is repealed.
       (i) Military Offenses.--
       (1) Section 115(a)(8)(C)(i) of Public Law 105-119 (111 
     Stat. 2466) is amended by striking ``which encompass'' and 
     all that follows through ``and (B))'' and inserting ``which 
     are sex offenses as that term is defined in the Sex Offender 
     Registration and Notification Act''.
       (2) Section 115(a)(8)(C)(iii) of Public Law 105-119 (111 
     Stat. 2466; 10 U.S.C. 951 note) is amended by striking ``the 
     amendments made under subparagraphs (A) and (B)'' and 
     inserting ``the Sex Offender Registration and Notification 
     Act''.
       (j) Conforming Amendment Relating to Parole.--Section 
     4209(a) of title 18, United States Code, is amended in the 
     second sentence by striking ``described'' and all that 
     follows through the end of the sentence and inserting 
     ``required to register under the Sex Offender Registration 
     and Notification Act that the person comply with the 
     requirements of that Act.''.

     SEC. 152. FEDERAL INVESTIGATION OF SEX OFFENDER VIOLATIONS OF 
                   REGISTRATION REQUIREMENTS.

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

     SEC. 153. SEX OFFENDER APPREHENSION GRANTS.

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

              ``PART JJ--SEX OFFENDER APPREHENSION GRANTS

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

       ``(a) In General.--From amounts made available to carry out 
     this part, the Attorney General may make grants to States, 
     units of local government, Indian tribal governments, other 
     public and private entities, and multi-jurisdictional or 
     regional consortia thereof for activities specified in 
     subsection (b).
       ``(b) Covered Activities.--An activity referred to in 
     subsection (a) is any program, project, or other activity to 
     assist a State in enforcing sex offender registration 
     requirements.

     ``SEC. 3012. AUTHORIZATION OF APPROPRIATIONS.

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

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

       (a) Increased Punishment.--Chapter 109A of title 18, United 
     States Code, is amended by adding at the end the following:

     ``Sec. 2249. Use of any controlled substance to facilitate 
       sex offense

       ``(a) Whoever, knowingly uses a controlled substance to 
     substantially impair the ability of a person to appraise or 
     control conduct, in order to commit a sex offense, other than 
     an offense where such use is an element of the offense, 
     shall, in addition to the punishment provided for the sex 
     offense, be imprisoned for any term of years not more than 10 
     years.
       ``(b) As used in this section, the term `sex offense' means 
     an offense under this chapter other than an offense under 
     this section.

     ``Sec. 2250. Internet sales of date rape drugs

       ``(a) Whoever knowingly uses the Internet to distribute (as 
     that term is defined for the purposes of the Controlled 
     Substances Act) a date rape drug to any person shall be fined 
     under this title or imprisoned not more than 20 years, or 
     both.
       ``(b) As used in this section, the term `date rape drug' 
     means gamma hydroxybutyric acid, ketamine, or flunitrazepam, 
     or any analogue of such a substance, including gamma 
     butyrolactone or 1,4-butanediol.''.
       (b) Amendment to Table of Sections.--The table of sections 
     at the beginning of chapter 109A of title 18, United States 
     Code,

[[Page 2960]]

     is amended by adding at the end the following new item:

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

     SEC. 155. REPEAL OF PREDECESSOR SEX OFFENDER PROGRAM.

       Sections 170101 (42 U.S.C. 14071) and 170102 (42 U.S.C. 
     14072) of the Violent Crime Control and Law Enforcement Act 
     of 1994, and section 8 of the Pam Lychner Sexual Offender 
     Tracking and Identification Act of 1996 (42 U.S.C. 14073), 
     are repealed.

     SEC. 156. ASSISTANCE FOR PROSECUTION OF CASES CLEARED THROUGH 
                   USE OF DNA BACKLOG CLEARANCE FUNDS.

       (a) In General.--The Attorney General may make grants to 
     train and employ personnel to help prosecute cases cleared 
     through use of funds provided for DNA backlog elimination.
       (b) Authorization.--There are authorized to be appropriated 
     such sums as may be necessary for each of fiscal years 2006 
     through 2010 to carry out this section.

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

       (a) In General.--The Bureau of Justice Assistance shall 
     make grants to law enforcement agencies for purposes of this 
     section. The Bureau shall make such a grant--
       (1) to each law enforcement agency that serves a 
     jurisdiction with 50,000 or more residents; and
       (2) to each law enforcement agency that serves a 
     jurisdiction with fewer than 50,000 residents, upon a showing 
     of need.
       (b) Use of Grant Amounts.--Grants under this section may be 
     used by the law enforcement agency to--
       (1) hire additional law enforcement personnel, or train 
     existing staff to combat the sexual abuse of children through 
     community education and outreach, investigation of 
     complaints, enforcement of laws relating to sex offender 
     registries, and management of released sex offenders;
       (2) investigate the use of the Internet to facilitate the 
     sexual abuse of children; and
       (3) purchase computer hardware and software necessary to 
     investigate sexual abuse of children over the Internet, 
     access local, State, and Federal databases needed to 
     apprehend sex offenders, and facilitate the creation and 
     enforcement of sex offender registries.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for fiscal 
     years 2006 through 2008 to carry out this section.

     SEC. 158. EXPANSION OF TRAINING AND TECHNOLOGY EFFORTS.

       (a) Training.--The Attorney General, in consultation with 
     the Office of Juvenile Justice and Delinquency Prevention, 
     shall--
       (1) expand training efforts with Federal, State, and local 
     law enforcement officers and prosecutors to effectively 
     respond to the threat to children and the public posed by sex 
     offenders who use the Internet and technology to solicit or 
     otherwise exploit children;
       (2) facilitate meetings, between corporations that sell 
     computer hardware and software or provide services to the 
     general public related to use of the Internet, to identify 
     problems associated with the use of technology for the 
     purpose of exploiting children;
       (3) host national conferences to train Federal, State, and 
     local law enforcement officers, probation and parole 
     officers, and prosecutors regarding pro-active approaches to 
     monitoring sex offender activity on the Internet;
       (4) develop and distribute, for personnel listed in 
     paragraph (3), information regarding multi-disciplinary 
     approaches to holding offenders accountable to the terms of 
     their probation, parole, and sex offender registration laws; 
     and
       (5) partner with other agencies to improve the coordination 
     of joint investigations among agencies to effectively combat 
     on-line solicitation of children by sex offenders.
       (b) Technology.--The Attorney General, in consultation with 
     the Office of Juvenile Justice and Delinquency Prevention, 
     shall--
       (1) deploy, to all Internet Crimes Against Children Task 
     Forces and their partner agencies, technology modeled after 
     the Canadian Child Exploitation Tracking System; and
       (2) conduct training in the use of that technology.
       (c) Report.--Not later than July 1, 2006, the Attorney 
     General, in consultation with the Office of Juvenile Justice 
     and Delinquency Prevention, shall submit to Congress a report 
     on the activities carried out under this section. The report 
     shall include any recommendations that the Attorney General, 
     in consultation with the Office, considers appropriate.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Attorney General, for fiscal year 
     2006--
       (1) $1,000,000 to carry out subsection (a); and
       (2) $2,000,000 to carry out subsection (b).

     SEC. 159. REVOCATION OF PROBATION OR SUPERVISED RELEASE.

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

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

     SEC. 161. ESTABLISHMENT.

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

     SEC. 162. DIRECTOR.

       The Office shall be headed by a Director who shall be 
     appointed by the President. The Director shall report to the 
     Attorney General through the Assistant Attorney General for 
     the Office of Justice Programs and shall have final authority 
     for all grants, cooperative agreements, and contracts awarded 
     by the Office. The Director shall not engage in any 
     employment other than that of serving as the Director, nor 
     shall the Director hold any office in, or act in any capacity 
     for, any organization, agency, or institution with which the 
     Office makes any contract or other arrangement.

     SEC. 163. DUTIES AND FUNCTIONS.

        The Office is authorized to--
       (1) administer the standards for sex offender registration 
     and notification programs set forth in this title;
       (2) administer grant programs relating to sex offender 
     registration and notification authorized by this title and 
     other grant programs authorized by this title as directed by 
     the Attorney General;
       (3) cooperate with and provide technical assistance to 
     States, units of local government, tribal governments, and 
     other public and private entities involved in activities 
     related to sex offender registration or notification or to 
     other measures for the protection of children or other 
     members of the public from sexual abuse or exploitation; and
       (4) perform such other functions as the Attorney General 
     may delegate.

                      TITLE II--DNA FINGERPRINTING

     SEC. 201. TECHNICAL AMENDMENT.

       The first sentence of section 3(a)(1)(A) of the DNA 
     Analysis Backlog Elimination Act of 2000 (42 U.S.C. 
     14135a(a)(1)(A)) is amended by striking ``or from'' and all 
     that follows through ``detained'' and inserting ``, detained, 
     or convicted''.

     SEC. 202. STOPPING VIOLENT PREDATORS AGAINST CHILDREN.

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

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

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

    TITLE III--PREVENTION AND DETERRENCE OF CRIMES AGAINST CHILDREN

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

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

[[Page 2961]]



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

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

     SEC. 303. RIGHTS ASSOCIATED WITH HABEAS CORPUS PROCEEDINGS.

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

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

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

      TITLE IV--PROTECTION AGAINST SEXUAL EXPLOITATION OF CHILDREN

     SEC. 401. INCREASED PENALTIES FOR SEXUAL OFFENSES AGAINST 
                   CHILDREN.

       (a) Sexual Abuse and Contact.--
       (1) Aggravated sexual abuse of children.--Section 2241(c) 
     of title 18, United States Code, is amended by striking ``, 
     imprisoned for any term of years or life, or both.'' and 
     inserting ``and imprisoned for not less than 30 years or for 
     life.''.
       (2) Abusive sexual contact with children.--Section 2244 of 
     chapter 109A of title 18, United States Code, is amended--
       (A) in subsection (a)--
       (i) in paragraph (1), by inserting ``subsection (a) or (b) 
     of'' before ``section 2241'';
       (ii) by striking ``or'' at the end of paragraph (3);
       (iii) by striking the period at the end of paragraph (4) 
     and inserting ``; or''; and
       (iv) by inserting after paragraph (4) the following:
       ``(5) subsection (c) of section 2241 of this title had the 
     sexual contact been a sexual act, shall be fined under this 
     title and imprisoned for any term of years or for life.''; 
     and
       (B) in subsection (c), by inserting ``(other than 
     subsection (a)(5))'' after ``violates this section''.
       (3) Sexual abuse of children resulting in death.--Section 
     2245 of title 18, United States Code, is amended--
       (A) by inserting ``, chapter 110, chapter 117, or section 
     1591'' after ``this chapter'';
       (B) by striking ``A person'' and inserting ``(a) In 
     General.--A person''; and
       (C) by adding at the end the following:
       ``(b) Offenses Involving Young Children.--A person who, in 
     the course of an offense under this chapter, chapter 110, 
     chapter 117, or section 1591 engages in conduct that results 
     in the death of a person who has not attained the age of 12 
     years, shall be punished by death or imprisoned for not less 
     than 30 years or for life.''.
       (4) Death penalty aggravating factor.--Section 3592(c)(1) 
     of title 18, United States Code, is amended by inserting 
     ``section 2245 (sexual abuse resulting in death),'' after 
     ``(wrecking trains),''.
       (b) Sexual Exploitation and Other Abuse of Children.--
       (1) Sexual exploitation of children.--Section 2251(e) of 
     title 18, United States Code, is amended--
       (A) by inserting ``section 1591,'' after ``this chapter,'' 
     the first place it appears;
       (B) by striking ``the sexual exploitation of children'' the 
     first place it appears and inserting ``aggravated sexual 
     abuse, sexual abuse, abusive sexual contact involving a minor 
     or ward, or sex trafficking of children, or the production, 
     possession, receipt, mailing, sale, distribution, shipment, 
     or transportation of child pornography''; and
       (C) by striking ``any term of years or for life'' and 
     inserting ``not less than 30 years or for life''.
       (2) Activities relating to material involving the sexual 
     exploitation of children.--Section 2252(b) of title 18, 
     United States Code, is amended in paragraph (1)--
       (A) by striking ``paragraphs (1)'' and inserting 
     ``paragraph (1)'';
       (B) by inserting ``section 1591,'' after ``this chapter,''; 
     and
       (C) by inserting ``, or sex trafficking of children'' after 
     ``pornography''.
       (3) Activities relating to material constituting or 
     containing child pornography.--Section 2252A(b) of title 18, 
     United States Code, is amended in paragraph (1)--
       (A) by inserting ``section 1591,'' after ``this chapter,''; 
     and
       (B) by inserting ``, or sex trafficking of children'' after 
     ``pornography''.
       (4) Using misleading domain names to direct children to 
     harmful material on the internet.--Section 2252B(b) of title 
     18, United States Code, is amended by striking ``4'' and 
     inserting ``20''.
       (5) Extraterritorial child pornography offenses.--Section 
     2260(c) of title 18, United States Code, is amended to read 
     as follows:
       ``(c) Penalties.--
       ``(1) A person who violates subsection (a), or attempts or 
     conspires to do so, shall be subject to the penalties 
     provided in subsection (e) of section 2251 for a violation of 
     that section, including the penalties provided for such a 
     violation by a person with a prior conviction or convictions 
     as described in that subsection.
       ``(2) A person who violates subsection (b), or attempts or 
     conspires to do so, shall be subject to the penalties 
     provided in subsection (b)(1) of section 2252 for a violation 
     of paragraph (1), (2), or (3) of subsection (a) of that 
     section, including the penalties provided for such a 
     violation by a person with a prior conviction or convictions 
     as described in subsection (b)(1) of section 2252.''.
       (c) Mandatory Life Imprisonment for Certain Repeated Sex 
     Offenses Against Children.--Section 3559(e)(2)(A) of title 
     18, United States Code, is amended--
       (1) by striking ``or 2423(a)'' and inserting ``2423(a)''; 
     and
       (2) by inserting ``, 2423(b) (relating to travel with 
     intent to engage in illicit sexual conduct), 2423(c) 
     (relating to illicit sexual conduct in foreign places), or 
     2425 (relating to use of interstate facilities to transmit 
     information about a minor)'' after ``minors)''.

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

       (a) Findings.--Congress finds that--
       (1) a jury convicted Jan P. Helder, Jr., of using a 
     computer to attempt to entice an individual who had not 
     attained the age of 18 years to engage in unlawful sexual 
     activity;
       (2) during the trial, evidence showed that Jan Helder had 
     engaged in an online chat with an individual posing as a 
     minor, who unbeknownst to him, was an undercover law 
     enforcement officer;
       (3) notwithstanding, Dean Whipple, District Judge for the 
     Western District of Missouri, acquitted Jan Helder, ruling 
     that because he did not, in fact, communicate with a minor, 
     he did not commit a crime;
       (4) the 9th Circuit Court of Appeals, in United States v. 
     Jeffrey Meek, specifically addressed the question facing 
     Judge Whipple and concurred with the 5th and 11th Circuit 
     Courts in finding that ``an actual minor victim is not 
     required for an attempt conviction under 18 U.S.C. 
     2422(b).'';
       (5) the Department of Justice has successfully used 
     evidence obtained through undercover law enforcement to 
     prosecute and convict perpetrators who attempted to solicit 
     children on the Internet; and
       (6) the Department of Justice states, ``Online child 
     pornography/child sexual exploitation is the most significant 
     cyber crime

[[Page 2962]]

     problem confronting the FBI that involves crimes against 
     children''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) it is a crime under section 2422(b) of title 18, United 
     States Code, to use a facility of interstate commerce to 
     attempt to entice an individual who has not attained the age 
     of 18 years into unlawful sexual activity, even if the 
     perpetrator incorrectly believes that the individual has not 
     attained the age of 18 years;
       (2) well-established caselaw has established that section 
     2422(b) of title 18, United States Code, criminalizes any 
     attempt to entice a minor into unlawful sexual activity, even 
     if the perpetrator incorrectly believes that the individual 
     has not attained the age of 18 years;
       (3) the Department of Justice should appeal Judge Whipple's 
     decision in United States v. Helder, Jr. and aggressively 
     continue to track down and prosecute sex offenders on the 
     Internet; and
       (4) Judge Whipple's decision in United States v. Helder, 
     Jr. should be overturned in light of the law as it is 
     written, the intent of Congress, and well-established 
     caselaw.

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

       (a) In General.--The Attorney General shall make grants to 
     States, units of local government, Indian tribes, and 
     nonprofit organizations for purposes of establishing and 
     maintaining programs with respect to the prevention of sexual 
     offenses committed against minors.
       (b) State Defined.--For purposes of this section, the term 
     ``State'' means any State of the United States, the District 
     of Columbia, the Commonwealth of Puerto Rico, the Virgin 
     Islands, American Samoa, Guam, and the Northern Mariana 
     Islands.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated $10,000,000 for each of fiscal years 2007 
     through 2011 to carry out this section.

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

     SEC. 501. REQUIREMENT TO COMPLETE BACKGROUND CHECKS BEFORE 
                   APPROVAL OF ANY FOSTER OR ADOPTIVE PLACEMENT 
                   AND TO CHECK NATIONAL CRIME INFORMATION 
                   DATABASES AND STATE CHILD ABUSE REGISTRIES; 
                   SUSPENSION AND SUBSEQUENT ELIMINATION OF OPT-
                   OUT.

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

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

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

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

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

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

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

[[Page 2963]]

       (2) in subsection (b), by striking ``5'' and inserting 
     ``10''.

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

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

     SEC. 505. PENALTIES FOR SEXUAL ABUSE.

       (a) Aggravated Sexual Abuse.--Section 2241 of title 18, 
     United States Code, is amended--
       (1) in subsection (a), by striking ``, imprisoned for any 
     term of years or life, or both'' and inserting ``and 
     imprisoned for any term of years not less than 30 or for 
     life''; and
       (2) in subsection (b), by striking ``, imprisoned for any 
     term of years or life, or both'' and inserting ``and 
     imprisoned for any term of years not less than 30 or for 
     life''.
       (b) Sexual Abuse.--Section 2242 of title 18, United States 
     Code, is amended by striking ``, imprisoned not more than 20 
     years, or both'' and inserting ``and imprisoned not less than 
     10 years nor more than 30 years''.
       (c) Abusive Sexual Contact.--Section 2244(a) of title 18, 
     United States Code, is amended--
       (1) in paragraph (1), by striking ``ten years'' and 
     inserting ``30 years'';
       (2) in paragraph (2), by striking ``three years'' and 
     inserting ``20 years'';
       (3) in paragraph (3), by striking ``two years'' and 
     inserting ``15 years''; and
       (4) in paragraph (4), by striking ``two years'' and 
     inserting ``10 years''.

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

       (a) Conditions of Probation.--Section 3563(a) of title 18, 
     United States Code, is amended--
       (1) in paragraph (9), by striking the period and inserting 
     ``; and''; and
       (2) by inserting after paragraph (9) the following:
       ``(10) for a person who is a felon or required to register 
     under the Sex Offender Registration and Notification Act, 
     that the person submit his person, and any property, house, 
     residence, vehicle, papers, computer, other electronic 
     communication or data storage devices or media, and effects 
     to search at any time, with or without a warrant, by any law 
     enforcement or probation officer with reasonable suspicion 
     concerning a violation of a condition of probation or 
     unlawful conduct by the person, and by any probation officer 
     in the lawful discharge of the officer's supervision 
     functions.''.
       (b) Supervised Release.--Section 3583(d) of title 18, 
     United States Code, is amended by adding at the end the 
     following: ``The court may order, as an explicit condition of 
     supervised release for a person who is a felon or required to 
     register under the Sex Offender Registration and Notification 
     Act, that the person submit his person, and any property, 
     house, residence, vehicle, papers, computer, other electronic 
     communications or data storage devices or media, and effects 
     to search at any time, with or without a warrant, by any law 
     enforcement or probation officer with reasonable suspicion 
     concerning a violation of a condition of supervised release 
     or unlawful conduct by the person, and by any probation 
     officer in the lawful discharge of the officer's supervision 
     functions.''.

     SEC. 507. KIDNAPPING JURISDICTION.

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

     SEC. 508. MARITAL COMMUNICATION AND ADVERSE SPOUSAL 
                   PRIVILEGE.

       (a) In General.--Chapter 119 of title 28, United States 
     Code, is amended by inserting after section 1826 the 
     following:

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

       ``The confidential marital communication privilege and the 
     adverse spousal privilege shall be inapplicable in any 
     Federal proceeding in which a spouse is charged with a crime 
     against--
       ``(1) a child of either spouse; or
       ``(2) a child under the custody or control of either 
     spouse.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 119 of title 28, United States Code, is 
     amended by inserting after the item relating to section 1826 
     the following:

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

     SEC. 509. ABUSE AND NEGLECT OF INDIAN CHILDREN.

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

     SEC. 510. JIMMY RYCE CIVIL COMMITMENT PROGRAM.

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

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

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

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

       ``(a) Institution of Proceedings.--In relation to a person 
     who is in the custody of the Bureau of Prisons, or who has 
     been committed to the custody of the Attorney General 
     pursuant to section 4241(d), or against whom all criminal 
     charges have been dismissed solely for reasons relating to 
     the mental condition of the person, the Attorney General or 
     any individual authorized by the Attorney General or the 
     Director of the Bureau of Prisons may certify that the person 
     is a sexually dangerous person, and transmit the certificate 
     to the clerk of the court for the district in which the 
     person is confined. The clerk shall send a copy of the 
     certificate to the person, and to the attorney for the 
     Government, and, if the person was committed pursuant to 
     section 4241(d), to the clerk of the court that ordered the 
     commitment. The court shall order a hearing to determine 
     whether the person is a sexually dangerous person. A 
     certificate filed under this subsection shall stay the 
     release of the person pending completion of procedures 
     contained in this section.
       ``(b) Psychiatric or Psychological Examination and 
     Report.--Prior to the date of the hearing, the court may 
     order that a psychiatric or psychological examination of the 
     defendant be conducted, and that a psychiatric or 
     psychological report be filed with the court, pursuant to the 
     provisions of section 4247(b) and (c).
       ``(c) Hearing.--The hearing shall be conducted pursuant to 
     the provisions of section 4247(d).

[[Page 2964]]

       ``(d) Determination and Disposition.--If, after the 
     hearing, the court finds by clear and convincing evidence 
     that the person is a sexually dangerous person, the court 
     shall commit the person to the custody of the Attorney 
     General. The Attorney General shall release the person to the 
     appropriate official of the State in which the person is 
     domiciled or was tried if such State will assume 
     responsibility for his custody, care, and treatment. The 
     Attorney General shall make all reasonable efforts to cause 
     such a State to assume such responsibility. If, 
     notwithstanding such efforts, neither such State will assume 
     such responsibility, the Attorney General shall place the 
     person for treatment in a suitable facility, until--
       ``(1) such a State will assume such responsibility; or
       ``(2) the person's condition is such that he is no longer 
     sexually dangerous to others, or will not be sexually 
     dangerous to others if released under a prescribed regimen of 
     medical, psychiatric, or psychological care or treatment;

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

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

     SEC. 511. JIMMY RYCE STATE CIVIL COMMITMENT PROGRAMS FOR 
                   SEXUALLY DANGEROUS PERSONS.

       (a) Grants Authorized.--Except as provided in subsection 
     (b), the Attorney General shall make grants to jurisdictions 
     for the purpose of establishing, enhancing, or operating 
     effective civil commitment programs for sexually dangerous 
     persons.
       (b) Limitation.--The Attorney General shall not make any 
     grant under this section for the purpose of establishing, 
     enhancing, or operating any transitional housing for a 
     sexually dangerous person in or near a locations where minors 
     or other vulnerable persons are likely to come into contact 
     with that person.
       (c) Eligibility.--
       (1) In general.--To be eligible to receive a grant under 
     this section, a jurisdiction must, before the expiration of 
     the compliance period--
       (A) have established a civil commitment program for 
     sexually dangerous persons that is consistent with guidelines 
     issued by the Attorney General; or
       (B) submit a plan for the establishment of such a program.
       (2) Compliance period.--The compliance period referred to 
     in paragraph (1) expires on the date that is 2 years after 
     the date of the enactment of this Act. However, the Attorney 
     General may, on a case-by-case basis, extend the compliance 
     period that applies to a jurisdiction if the Attorney General 
     considers such an extension to be appropriate.
       (d) Attorney General Reports.--Not later than January 31 of 
     each year, beginning with 2008, the Attorney General shall 
     submit to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives a report on the progress of jurisdictions in 
     implementing this section and the rate of sexually violent 
     offenses for each jurisdiction.
       (e) Definitions.--As used in this section:
       (1) The term ``civil commitment program'' means a program 
     that involves--
       (A) secure civil confinement, including appropriate 
     control, care, and treatment during such confinement; and
       (B) appropriate supervision, care, and treatment for 
     individuals released following such confinement.
       (2) The term ``sexually dangerous person'' means an 
     individual who is dangerous to others because of a mental 
     illness, abnormality, or disorder that creates a risk that 
     the individual will engage in sexually violent conduct or 
     child molestation.
       (3) The term ``jurisdiction'' has the meaning given such 
     term in section 111.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2006, 2007, 2008, and 2009.

     SEC. 512. MANDATORY PENALTIES FOR SEX-TRAFFICKING OF 
                   CHILDREN.

       Section 1591(b) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``or imprisonment'' and inserting ``and 
     imprisonment'';
       (B) by inserting ``not less than 10'' after ``any term of 
     years''; and
       (C) by striking ``, or both''; and
       (2) in paragraph (2)--
       (A) by striking ``or imprisonment for not'' and inserting 
     ``and imprisonment for not less than 5 years nor''; and
       (B) by striking ``, or both''.

     SEC. 513. SEXUAL ABUSE OF WARDS.

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

     SEC. 514. NO LIMITATION FOR PROSECUTION OF FELONY SEX 
                   OFFENSES.

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

     ``Sec. 3298. Child abduction and sex offenses

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

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

     SEC. 515. CHILD ABUSE REPORTING.

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

                 TITLE VI--CHILD PORNOGRAPHY PREVENTION

     SEC. 601. FINDINGS.

       Congress makes the following findings:
       (1) The effect of the intrastate production, 
     transportation, distribution, receipt, advertising, and 
     possession of child pornography on interstate market in child 
     pornography.
       (A) The illegal production, transportation, distribution, 
     receipt, advertising and possession of child pornography, as 
     defined in section 2256(8) of title 18, United States Code, 
     as well as the transfer of custody of children for the 
     production of child pornography, is harmful to the 
     physiological, emotional, and mental health of the children 
     depicted in child pornography and has a substantial and 
     detrimental effect on society as a whole.
       (B) A substantial interstate market in child pornography 
     exists, including not only a multimillion dollar industry, 
     but also a nationwide network of individuals openly 
     advertising their desire to exploit children and to traffic 
     in child pornography. Many of these individuals distribute 
     child pornography with the expectation of receiving other 
     child pornography in return.
       (C) The interstate market in child pornography is carried 
     on to a substantial extent

[[Page 2965]]

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

     SEC. 602. STRENGTHENING SECTION 2257 TO ENSURE THAT CHILDREN 
                   ARE NOT EXPLOITED IN THE PRODUCTION OF 
                   PORNOGRAPHY.

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

     SEC. 603. ADDITIONAL RECORDKEEPING REQUIREMENTS.

       (a) New Requirement.--
       (1) In general.--Title 18, United States Code, is amended 
     by inserting after section 2257 the following:

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

       ``(a) Whoever produces any book, magazine, periodical, 
     film, videotape, or other matter which--
       ``(1) contains a visual depiction of simulated sexually 
     explicit conduct (except conduct described in section 
     2256(2)(A)(v)), created after the date of the enactment of 
     this section; and
       ``(2) is produced in whole or in part with materials which 
     have been mailed or shipped in interstate or foreign 
     commerce, or is shipped or transported or is intended for 
     shipment or transportation in interstate or foreign commerce;

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

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

     SEC. 604. PREVENTION OF DISTRIBUTION OF CHILD PORNOGRAPHY 
                   USED AS EVIDENCE IN PROSECUTIONS.

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

     SEC. 605. AUTHORIZING CIVIL AND CRIMINAL ASSET FORFEITURE IN 
                   CHILD EXPLOITATION AND OBSCENITY CASES.

       (a) Conforming Forfeiture Procedures for Obscenity 
     Offenses.--Section 1467 of title 18, United States Code, is 
     amended--
       (1) in subsection (a)(3), by inserting a period after ``of 
     such offense'' and striking all that follows; and
       (2) by striking subsections (b) through (n) and inserting 
     the following:
       ``(b) The provisions of section 413 of the Controlled 
     Substances Act (21 U.S.C. 853) with the exception of 
     subsection (d), shall apply to the criminal forfeiture of 
     property pursuant to subsetion (a).
       ``(c) Any property subject to forfeituire pursuant to 
     subsection(a) may be forfeited to

[[Page 2966]]

     the United States in a civil case in accordance with the 
     procedures set forth in chapter 46 of this title.''.
       (b) Property Subject to Criminal Forfeiture.--Section 
     2253(a) of title 18, United States Code, is amended--
       (1) in the matter preceding paragraph (1)--
       (A) by inserting ``or who is convicted of an offense under 
     sections 2252B, 2257, or 2257A of this chapter,'' after 
     ``2260 of this chapter''; and
       (B) by striking ``an offense under section 2421, 2422, or 
     2423 of chapter 117'' and inserting ``an offense under 
     chapter 109A'';
       (2) in paragraph (1), by inserting ``2252A, 2252B, 2257, or 
     2257A'' after ``2252''; and
       (3) in paragraph (3), by inserting ``or any property 
     traceable to such property'' before the period.
       (c) Criminal Forfeiture Procedure.--Section 2253 of title 
     18, United States Code, is amended by striking subsections 
     (b) through (o) and inserting the following:
       ``(b) Section 413 of the Controlled Substances Act (21 
     U.S.C. 853) with the exception of subsection (d), applies to 
     the criminal forfeiture of property pursuant to subsection 
     (a).''.
       (d) Civil Forfeiture.--Section 2254 of title 18, United 
     States Code, is amended to read as follows:

     ``Sec. 2254. Civil forfeiture

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

     SEC. 606. PROHIBITING THE PRODUCTION OF OBSCENITY AS WELL AS 
                   TRANSPORTATION, DISTRIBUTION, AND SALE.

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

     SEC. 607. GUARDIANS AD LITEM.

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

                       TITLE VII--COURT SECURITY

     SEC. 701. JUDICIAL BRANCH SECURITY REQUIREMENTS.

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

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

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

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

       (a) Offense.--Chapter 73 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 1521. Retaliating against a Federal official by false 
       claim or slander of title

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

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

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

       (a) Offense.--Chapter 7 of title 18, United States Code, is 
     amended by adding at the end the following:

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

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

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

     SEC. 705. REPORT ON SECURITY OF FEDERAL PROSECUTORS.

       Not later than 90 days after the date of the enactment of 
     this Act, the Attorney General shall submit to the Committee 
     on the Judiciary of the House of Representatives and the 
     Committee on the Judiciary of the Senate a report on the 
     security of assistant United States attorneys and other 
     Federal attorneys arising from the prosecution of terrorists, 
     violent criminal gangs, drug traffickers, gun traffickers, 
     white supremacists, and those who commit fraud and other 
     white-collar offenses. The report shall describe each of the 
     following:
       (1) The number and nature of threats and assaults against 
     attorneys handling those prosecutions and the reporting 
     requirements and methods.
       (2) The security measures that are in place to protect the 
     attorneys who are handling those prosecutions, including 
     measures such as threat assessments, response procedures, 
     availability of security systems and other devices, firearms 
     licensing (deputations), and other measures designed to 
     protect the attorneys and their families.
       (3) The Department of Justice's firearms deputation 
     policies, including the number of attorneys deputized and the 
     time between receipt of threat and completion of the 
     deputation and training process.
       (4) For each measure covered by paragraphs (1) through (3), 
     when the report or measure was developed and who was 
     responsible for developing and implementing the report or 
     measure.
       (5) The programs that are made available to the attorneys 
     for personal security training, including training relating 
     to limitations on public information disclosure, basic home 
     security, firearms handling and safety, family safety, mail 
     handling, counter-surveillance, and self-defense tactics.
       (6) The measures that are taken to provide the attorneys 
     with secure parking facilities, and how priorities for such 
     facilities are established--
       (A) among Federal employees within the facility;
       (B) among Department of Justice employees within the 
     facility; and
       (C) among attorneys within the facility.
       (7) The frequency such attorneys are called upon to work 
     beyond standard work hours and the security measures provided 
     to protect attorneys at such times during travel

[[Page 2967]]

     between office and available parking facilities.
       (8) With respect to attorneys who are licensed under State 
     laws to carry firearms, the Department of Justice's policy as 
     to--
       (A) carrying the firearm between available parking and 
     office buildings;
       (B) securing the weapon at the office buildings; and
       (C) equipment and training provided to facilitate safe 
     storage at Department of Justice facilities.
       (9) The offices in the Department of Justice that are 
     responsible for ensuring the security of the attorneys, the 
     organization and staffing of the offices, and the manner in 
     which the offices coordinate with offices in specific 
     districts.
       (10) The role, if any, that the United States Marshals 
     Service or any other Department of Justice component plays in 
     protecting, or providing security services or training for, 
     the attorneys.

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

       (a) Flight.--Chapter 49 of title 18, United States Code, is 
     amended by adding at the end the following:

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

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

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

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

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

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

       (a) In General.--Chapter 203 of title 18, United States 
     Code, is amended by inserting after section 3053 the 
     following:

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

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

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

     SEC. 709. PENALTIES FOR CERTAIN ASSAULTS.

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

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

       (a) Offense.--Chapter 51 of title 18, United States Code, 
     is amended by adding at the end the following:

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

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

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

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

       Section 1503 of title 18, United States Code, is amended--
       (1) so that subsection (a) reads as follows:
       ``(a)(1) Whoever--
       ``(A) corruptly, or by threats of force or force, endeavors 
     to influence, intimidate, or impede a juror or officer in a 
     judicial proceeding in the discharge of that juror or 
     officer's duty;
       ``(B) injures a juror or an officer in a judicial 
     proceeding arising out of the performance of official duties 
     as such juror or officer; or
       ``(C) corruptly, or by threats of force or force, 
     obstructs, or impedes, or endeavors to influence, obstruct, 
     or impede, the due administration of justice;

     or attempts or conspires to do so, shall be punished as 
     provided in subsection (b).
       ``(2) As used in this section, the term `juror or officer 
     in a judicial proceeding' means a grand or petit juror, or 
     other officer in or of any court of the United States, or an 
     officer who may be serving at any examination or other 
     proceeding before any United States magistrate judge or other 
     committing magistrate.''; and
       (2) in subsection (b), by striking paragraphs (1) through 
     (3) and inserting the following:
       ``(1) in the case of a killing, or an attempt or a 
     conspiracy to kill, the punishment provided in section 1111, 
     1112, 1113, and 1117; and
       ``(2) in any other case, a fine under this title and 
     imprisonment for not more than 30 years.''.

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

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

[[Page 2968]]

       (5) in subsection (d), by striking ``one year'' and 
     inserting ``20 years''.

     SEC. 713. MODIFICATION OF RETALIATION OFFENSE.

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

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

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

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

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

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

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

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

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

     SEC. 718. WITNESS PROTECTION GRANT PROGRAM.

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

                  ``PART CC--WITNESS PROTECTION GRANTS

     ``SEC. 2811. PROGRAM AUTHORIZED.

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

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

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

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

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

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

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

     ``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 722. GRANTS FOR YOUNG WITNESS ASSISTANCE.

       (a) Definitions.--For purposes of this section:
       (1) Director.--The term ``Director'' means the Director of 
     the Bureau of Justice Assistance.
       (2) Juvenile.--The term ``juvenile'' means an individual 
     who is 17 years of age or younger.
       (3) Young adult.--The term ``young adult'' means an 
     individual who is between the ages of 18 and 21.
       (4) State.--The term ``State'' means any State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Virgin Islands, American Samoa, Guam, and 
     the Northern Mariana Islands.
       (b) Program Authorization.--The Director may make grants to 
     State and local prosecutors and law enforcement agencies in 
     support of juvenile and young adult witness assistance 
     programs, including State and local prosecutors and law 
     enforcement agencies that have existing juvenile and adult 
     witness assistance programs.
       (c) Eligibility.--To be eligible to receive a grant under 
     this section, State and local prosecutors and law enforcement 
     officials shall--
       (1) submit an application to the Director in such form and 
     containing such information as the Director may reasonably 
     require; and
       (2) give assurances that each applicant has developed, or 
     is in the process of developing, a witness assistance program 
     that specifically targets the unique needs of juvenile and 
     young adult witnesses and their families.
       (d) Use of Funds.--Grants made available under this section 
     may be used--
       (1) to assess the needs of juvenile and young adult 
     witnesses;
       (2) to develop appropriate program goals and objectives; 
     and
       (3) to develop and administer a variety of witness 
     assistance services, which includes--
       (A) counseling services to young witnesses dealing with 
     trauma associated in witnessing a violent crime;
       (B) pre- and post-trial assistance for the youth and their 
     family;

[[Page 2969]]

       (C) providing education services if the child is removed 
     from or changes their school for safety concerns;
       (D) support for young witnesses who are trying to leave a 
     criminal gang and information to prevent initial gang 
     recruitment.
       (E) protective services for young witnesses and their 
     families when a serious threat of harm from the perpetrators 
     or their associates is made; and
       (F) community outreach and school-based initiatives that 
     stimulate and maintain public awareness and support.
       (e) Reports.--
       (1) Report.--State and local prosecutors and law 
     enforcement agencies that receive funds under this section 
     shall submit to the Director a report not later than May 1st 
     of each year in which grants are made available under this 
     section. Reports shall describe progress achieved in carrying 
     out the purpose of this section.
       (2) Report to congress.--The Director shall submit to 
     Congress a report by July 1st of each year which contains a 
     detailed statement regarding grant awards, activities of 
     grant recipients, a compilation of statistical information 
     submitted by applicants, and an evaluation of programs 
     established under this section.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $3,000,000 for 
     each of fiscal years 2006, 2007, and 2008.

     SEC. 723. STATE AND LOCAL COURT ELIGIBILITY.

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

         TITLE VIII--REDUCTION AND PREVENTION OF GANG VIOLENCE

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

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

                  ``CHAPTER 26--CRIMINAL STREET GANGS

``Sec.
``521. Criminal street gang prosecutions.

     ``Sec. 521. Criminal street gang prosecutions

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

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

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

     SEC. 803. AMENDMENTS RELATING TO VIOLENT CRIME.

       (a) Carjacking.--Section 2119 of title 18, United States 
     Code, is amended--

[[Page 2970]]

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

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

       (a) In General.--Section 1958 of title 18, United States 
     Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

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

       (2) in subsection (a), by inserting ``or other crime of 
     violence, punishable by imprisonment for more than one 
     year,'' after ``intent that a murder''; and
       (3) in subsection (a), by striking ``shall be fined'' the 
     first place it appears and all that follows through the end 
     of such subsection and inserting the following:

     ``shall, in addition to being subject to a fine under this 
     title--
       ``(1) if the crime of violence or conspiracy results in the 
     death of any person, be sentenced to death or life in prison;
       ``(2) if the crime of violence is kidnapping, aggravated 
     sexual abuse (as defined in section 521), or maiming, or a 
     conspiracy to commit such a crime of violence, be imprisoned 
     any term of years or for life;
       ``(3) if the crime of violence is an assault, or a 
     conspiracy to assault, that results in serious bodily injury 
     (as defined in section 1365), be imprisoned not more than 30 
     years; and
       ``(4) in any other case, be imprisoned not more than 20 
     years.''.
       (b) Clerical Amendment.--The item relating to section 1958 
     in the table of sections at the beginning of chapter 95 of 
     title 18, United States Code, is amended to read as follows:

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

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

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

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

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


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

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

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

     SEC. 807. MULTIPLE INTERSTATE MURDER.

       (a) Offense.--Chapter 51 of title 18, United States Code, 
     is amended by adding at the end the following new section:

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

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

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

     SEC. 808. ADDITIONAL RACKETEERING ACTIVITY.

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

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

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

[[Page 2971]]

     controlled substance, firearm, explosive, or destructive 
     devise;''.

     SEC. 810. VENUE IN CAPITAL CASES.

       Section 3235 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 3235. Venue in capital cases

       ``(a) The trial for any offense punishable by death shall 
     be held in the district where the offense was committed or in 
     any district in which the offense began, continued, or was 
     completed.
       ``(b) If the offense, or related conduct, under subsection 
     (a) involves activities which affect interstate or foreign 
     commerce, or the importation of an object or person into the 
     United States, such offense may be prosecuted in any district 
     in which those activities occurred.''.

     SEC. 811. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.

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

     ``Sec. 3298. Violent crime offenses

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

``3298. Violent crime offenses.''.

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

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

     SEC. 813. TRANSFER OF JUVENILES.

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

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

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

                      ``CHAPTER 52--ILLEGAL ALIENS

``Sec.
``1131. Enhanced penalties for certain crimes committed by illegal 
              aliens.

     ``Sec. 1131. Enhanced penalties for certain crimes committed 
       by illegal aliens

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

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

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

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

     SEC. 816. STUDY.

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

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

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

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

     ``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

     SEC. 903. STATE AND LOCAL REENTRY COURTS.

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

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

       ``(a) Grants Authorized.--The Attorney General shall award 
     grants of not more than $500,000 to--
       ``(1) State and local courts; or
       ``(2) State agencies, municipalities, public agencies, 
     nonprofit organizations, and tribes that have agreements with 
     courts to take the lead in establishing a re-entry court.
       ``(b) Use of Funds.--Grant funds awarded under this section 
     shall be administered in accordance with the guidelines, 
     regulations, and procedures promulgated by the Attorney 
     General, and may be used to--
       ``(1) monitor offenders returning to the community;
       ``(2) provide returning offenders with--
       ``(A) drug and alcohol testing and treatment; and
       ``(B) mental and medical health assessment and services;
       ``(3) convene community impact panels, victim impact 
     panels, or victim impact educational classes;
       ``(4) provide and coordinate the delivery of other 
     community services to offenders, including--

[[Page 2972]]

       ``(A) housing assistance;
       ``(B) education;
       ``(C) employment training;
       ``(D) conflict resolution skills training;
       ``(E) batterer intervention programs; and
       ``(F) other appropriate social services; and
       ``(5) establish and implement graduated sanctions and 
     incentives.
       ``(c) Application.--Each eligible entity desiring a grant 
     under this section shall, in addition to any other 
     requirements required by the Attorney General, submit an 
     application to the Attorney General that--
       ``(1) describes a long-term strategy and detailed 
     implementation plan, including how the entity plans to pay 
     for the program after the Federal funding ends;
       ``(2) identifies the governmental and community agencies 
     that will be coordinated by this project;
       ``(3) certifies that--
       ``(A) there has been appropriate consultation with all 
     affected agencies, including existing community corrections 
     and parole entities; and
       ``(B) there will be appropriate coordination with all 
     affected agencies in the implementation of the program; and
       ``(4) describes the methodology and outcome measures that 
     will be used in evaluation of the program.
       ``(d) Matching Requirement.--The Federal share of a grant 
     received under this section may not exceed 75 percent of the 
     costs of the project funded under this section unless the 
     Attorney General--
       ``(1) waives, wholly or in part, this matching requirement; 
     and
       ``(2) publicly delineates the rationale for the waiver.
       ``(e) Annual Report.--Each grantee under this section shall 
     submit to the Attorney General, for each fiscal year in which 
     funds from a grant received under this part is expended, a 
     report, at such time and in such manner as the Attorney 
     General may reasonably require, that contains--
       ``(1) a summary of the activities carried out under the 
     grant;
       ``(2) an assessment of whether the activities summarized 
     under paragraph (1) are meeting the needs identified in the 
     application submitted under subsection (c); and
       ``(3) such other information as the Attorney General may 
     require.
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     $10,000,000 for each of the fiscal years 2006 through 2009 to 
     carry out this section.
       ``(2) Limitations.--Of the amount made available to carry 
     out this section in any fiscal year--
       ``(A) not more than 2 percent may be used by the Attorney 
     General for salaries and administrative expenses; and
       ``(B) not more than 5 percent nor less than 2 percent may 
     be used for technical assistance and training.''.

                       TITLE X--CRIME PREVENTION

     SEC. 1001. CRIME PREVENTION CAMPAIGN GRANT.

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

                ``CHAPTER D--GRANTS TO PRIVATE ENTITIES

     ``SEC. 519. CRIME PREVENTION CAMPAIGN GRANT.

       ``(a) Grant Authorization.--The Attorney General may 
     provide a grant to a national private, nonprofit organization 
     that has expertise in promoting crime prevention through 
     public outreach and media campaigns in coordination with law 
     enforcement agencies and other local government officials, 
     and representatives of community public interest 
     organizations, including schools and youth-serving 
     organizations, faith-based, and victims' organizations and 
     employers.
       ``(b) Application.--To request a grant under this section, 
     an organization described in subsection (a) shall submit an 
     application to the Attorney General in such form and 
     containing such information as the Attorney General may 
     require.
       ``(c) Use of Funds.--An organization that receives a grant 
     under this section shall--
       ``(1) create and promote national public communications 
     campaigns;
       ``(2) develop and distribute publications and other 
     educational materials that promote crime prevention;
       ``(3) design and maintain web sites and related web-based 
     materials and tools;
       ``(4) design and deliver training for law enforcement 
     personnel, community leaders, and other partners in public 
     safety and hometown security initiatives;
       ``(5) design and deliver technical assistance to States, 
     local jurisdictions, and crime prevention practitioners and 
     associations;
       ``(6) coordinate a coalition of Federal, national, and 
     statewide organizations and communities supporting crime 
     prevention;
       ``(7) design, deliver, and assess demonstration programs;
       ``(8) operate McGruff related programs, including McGruff 
     Club;
       ``(9) operate the Teens, Crime, and Community Program; and
       ``(10) evaluate crime prevention programs and trends.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) for fiscal year 2006, $6,000,000;
       ``(2) for fiscal year 2007, $7,000,000;
       ``(3) for fiscal year 2008, $8,000,000;
       ``(4) for fiscal year 2009, $9,000,000; and
       ``(5) for fiscal year 2010, $10,000,000.''.

     SEC. 1002. THE JUSTICE FOR CRIME VICTIMS FAMILY ACT.

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

        TITLE XI--NATIONAL CHILD ABUSE AND NEGLECT REGISTRY ACT

     SEC. 1101. SHORT TITLE.

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

     SEC. 1102. NATIONAL REGISTRY OF SUBSTANTIATED CASES OF CHILD 
                   ABUSE.

       (a) In General.--The Secretary of Health and Human 
     Services, in consultation with the Attorney General, shall 
     create a national registry of substantiated cases of child 
     abuse or neglect.
       (b) Information.--
       (1) Collection.--The information in the registry described 
     in subsection (a) shall be supplied by States and Indian 
     tribes, or, at the option of a State, by political 
     subdivisions of such State, to the Secretary of Health and 
     Human Services.
       (2) Type of information.--The registry described in 
     subsection (a) shall collect in a central electronic registry 
     information on persons reported to a State, Indian tribe, or 
     political subdivision of a State as perpetrators of a 
     substantiated case of child abuse or neglect.
       (c) Scope of Information.--
       (1) In general.--
       (A) Treatment of reports.--The information to be provided 
     to the Secretary of Health and Human Services under this 
     title shall relate to substantiated reports of child abuse or 
     neglect.
       (B) Exception.--If a State, Indian tribe, or political 
     subdivision of a State has an electronic register of cases of 
     child abuse or neglect equivalent to the registry established 
     under this title that it maintains pursuant to a requirement 
     or authorization under any other provision of law, the 
     information provided to the Secretary of Health and Human 
     Services under this title shall be coextensive with that in 
     such register.

[[Page 2973]]

       (2) Form.--Information provided to the Secretary of Health 
     and Human Services under this title--
       (A) shall be in a standardized electronic form determined 
     by the Secretary of Health and Human Services; and
       (B) shall contain case-specific identifying information 
     that is limited to the name of the perpetrator and the nature 
     of the substantiated case of child abuse or neglect, and that 
     complies with clauses (viii) and (ix) of section 106(b)(2)(A) 
     of the Child Abuse Prevention and Treatment Act (42 U.S.C. 
     5106(b)(2)(A)(viii) and (ix)).
       (d) Construction.--This title shall not be construed to 
     require a State, Indian tribe, or political subdivision of a 
     State to modify--
       (1) an equivalent register of cases of child abuse or 
     neglect that it maintains pursuant to a requirement or 
     authorization under any other provision of law; or
       (2) any other record relating to child abuse or neglect, 
     regardless of whether the report of abuse or neglect was 
     substantiated, unsubstantiated, or determined to be 
     unfounded.
       (e) Accessibility.--Information contained in the national 
     registry shall only be accessible to any Federal, State, 
     Indian tribe, or local government entity, or any agent of 
     such entities, that has a need for such information in order 
     to carry out its responsibilities under law to protect 
     children from child abuse and neglect.
       (f) Dissemination.--The Secretary of Health and Human 
     Services shall establish standards for the dissemination of 
     information in the national registry of substantiated cases 
     of child abuse or neglect. Such standards shall comply with 
     clauses (viii) and (ix) of section 106(b)(2)(A) of the Child 
     Abuse Prevention and Treatment Act (42 U.S.C. 
     5106(b)(2)(A)(viii) and (ix)).

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


                             General Leave

  Mr. SENSENBRENNER. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material 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. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise in strong support of H.R. 4472, the Children's 
Safety and Violent Crime Reduction Act. This legislation contains 
bipartisan, comprehensive proposals to better protect our children from 
convicted sex offenders, to enhance judicial security, and to combat 
violent criminal gangs that terrorize our communities. Last year, the 
full House overwhelmingly approved three separate bills tailored to 
address these critical issues.
  H.R. 3132, the Children's Safety Act of 2005, passed the House on 
September 14 of last year by a vote of 371-52. H.R. 1751, the Secure 
Access to Justice and Courthouse Protection Act, was approved by the 
House on November 9, 2005, by a vote of 375-45, and H.R. 1279, the Gang 
Prevention and Deterrence Act, passed the House on May 11, 2005, by a 
vote of 279-144. H.R. 4472 incorporates core provisions of each bill 
with some modifications and additions.
  Last year our Nation was horrified by news of the sexual assault and 
kidnapping of Dylan and Shasta Groehne and the brutal murder of their 
parents and siblings. These heinous acts occurred after 9-year-old 
Jessica Lunsford was abducted, raped and buried alive, and 13-year-old 
Sarah Lunde was murdered. All of these terrible crimes were committed 
by convicted sex offenders.
  While these tragedies received the public attention and outrage they 
demanded, sexual predators continue to exploit current loopholes in our 
criminal justice system to prey on America's most vulnerable. H.R. 4472 
protects America's children by making it much harder for them to do so.
  When child sex offenders are brought to justice and serve time for 
their offenses, they are often released into unsuspecting communities 
to resume their sexual attacks. There are over 550,000 convicted sex 
offenders in the country, and it is conservatively estimated that at 
least 100,000 of them, 100,000, are lost in the system, meaning that 
nonregistered sex offenders are living in our communities, attending 
schools and working at locations where they can prey on our children.
  The threat to our children grows each day as more unregistered sex 
offenders move freely within our midst. This bill reduces these 
unconscionable vulnerabilities by strengthening sex offender 
notification requirements.
  The bill also addresses the problem of violence in and around our 
courthouses against judges, prosecutors, witnesses, law enforcement and 
other court personnel, as well as their immediate families. According 
to the Administrative Office of U.S. Courts, Federal judges receive 
nearly 700 threats a year, and several Federal judges require security 
personnel to protect them and their families from violent gangs, drug 
organizations and disgruntled litigants. Judges, witnesses, and 
courthouse personnel and law enforcement officers must operate without 
fear in order to enforce and administer the law without bias.
  Finally, the bill includes relevant provisions to address the growing 
national threat from violent and vicious gangs in our communities. 
According to the last National Youth Gang Survey, it is estimated that 
there are now between 750,000 and 850,000 gang members in our country. 
Every city in the country with a population of 250,000 or more has 
reported gang activity. There are over 25,000 gangs in more than 3,000 
jurisdictions in the United States. In recent years gangs have become 
organized criminal syndicates with structured associations, many of 
which are now international in scope. State and local law enforcement 
have sent us a clear message: update and strengthen America's laws to 
combat the scourge of violence in our communities.
  H.R. 4472 is strongly supported by John Walsh of America's Most 
Wanted, the National Center For Missing and Exploited Children, and the 
Boys and Girls Clubs of America, and other victims and representatives 
of victims organizations, as well as law enforcement agencies around 
the country.
  These tireless advocates for America's children have provided vital 
assistance in crafting this measure, and their calls for justice for 
America's children must no longer go unanswered. We must act now to 
ensure that the tragedy of perverse and sexual attacks on America's 
children is not compounded by the tragedy of congressional inaction to 
strengthen our laws to address this national epidemic.
  I urge my colleagues to put aside partisan differences and to speak 
in a clear and united voice to protect our children, to ensure a safe 
judiciary, and to give America's law-abiding citizens the right to live 
free from gang violence.
  Madam Speaker, I reserve the balance of my time.

                              {time}  1115

  Mr. CONYERS. Madam Speaker, I yield myself such time as I may 
consume, and I am happy to be here today to join the debate around this 
bill. I am hoping that my good friend, the chairman of the committee, 
will somewhere in the course of this suspension explain to us why three 
bills were mentioned but one that was added by the majority of the 
House, H.R. 3132, which deals with hate crimes and is arguably one of 
the most notable pieces of civil rights criminal enforcement protection 
considered by the Congress, was inexplic-
ably left off. This makes the process very mysterious to me, because 
hate crimes is a very important part of any Child Safety and Violent 
Crime Reduction Act that is before us, and I am very disappointed that 
somewhere in the night this bill was dropped so that we are now 
combining three instead of four bills.
  It is a Federal crime to hijack an automobile; it is a Federal crime 
to possess cocaine. It ought to be a Federal crime to drag a man to his 
death because of his race or to hang a man because of his sexual 
orientation. We should, and I hope we will through some parliamentary 
mechanism, seize upon the historic opportunity that is before us to 
enact legislation that would effectively augment existing Federal law 
and demonstrate that this Nation will not tolerate violence directed at 
any individual because of

[[Page 2974]]

their identity. But instead of supporting this principle, the measure 
before us takes an opposite direction. I am really, really sorry about 
this because it does the House an injustice.
  I am also, at the same time, wishing to register notice that an 
amendment offered by the gentleman from New York (Mr. Nadler), which 
was adopted and would have prevented the sale of a firearm to anyone 
convicted of a misdemeanor sex offense, was also dropped. This is very 
troubling. Still others will talk about the 43 new mandatory minimum 
penalties and over 10 new death penalties that have become eligible by 
offenses in this new bill.
  So I am hopeful that we can work out some kind of agreement or 
acknowledgment about the unusual parliamentary process by which this 
matter has been brought to us.
  I rise in strong opposition to this legislation and the manner by 
which it comes before us today. Introduced just over two months ago, 
this legislation, all 164 pages, has managed to completely circumvent 
the traditional legislative process.
  Without the benefit of a single hearing or committee markup, the 
legislation has somehow found its way here to the floor of the House of 
Representatives. To make matters worse, it's being considered under 
suspension of the rules, leaving with reasonable concerns no 
opportunity to offer modest amendments.
  Some might suggest that hearings or markups aren't necessary under 
these circumstances; since this measure, in large part, is a 
combination of three different bills, H.R. 3132; H.R. 1279; and H.R. 
1751, which have all been considered by this body in the past. But, I 
strongly disagree. This measure differs from those various proposals in 
several meaningful ways.
  First and foremost, this measure fails to include the hate crimes 
amendment that I offered--and which was adopted by a 223-199 vote as 
part of H.R. 3132. My hate crimes amendment arguably is one of the most 
notable pieces of civil rights criminal enforcement protection 
considered by this Congress in the last 30 years.
  The FBI has reported a dramatic increase in hate motivated violence 
since the September 11th terrorist attacks. While the overall crime 
rate has grown by approximately two percent, the number of reported 
hate crimes have increased dramatically from 8,063 in 2000 to 9,730 in 
2001, a 20.7 percent increase. Racial bias again represented the 
largest percentage of bias-motivated incidents, 44.9 percent; followed 
by Ethnic/National Origin Bias, 21.6 percent; Religious Bias, 18.8 
percent, Sexual Orientation Bias, 14.3 percent; and Disability Bias, 
0.4 percent).
  It's worth noting that the amendment I offered would not have created 
new law. It simply would have amended existing law. Namely, section 245 
of title 18, passed in 1968, which allowed Federal prosecution of 
attacks on the Freedom Riders during their historical civil rights work 
in the South.
  The amendment of Section 245 would make it easier for Federal 
authorities to prosecute racial, religious, ethnic and gender-based 
violence, in the same way that the Church Arson Prevention Act of 1996 
helped Federal prosecutors combat church arson: by loosening the unduly 
rigid jurisdictional requirements under Federal law.
  Current law limits Federal jurisdiction over hate crimes to incidents 
that occur during the exercise of federally protected activities, such 
as voting, and does not permit Federal involvement in a range of cases 
involving crimes motivated by bias against the victim's sexual 
orientation, gender or disability. This loophole is particularly 
significant given the fact that four states have no hate crime laws on 
the books, and another 21 states have extremely weak hate crimes laws.
  It is a Federal crime to hijack an automobile or to possess cocaine, 
and it ought to be a Federal crime to drag a man to death because of 
his race or to hang a man because of his sexual orientation. We should 
seize upon this historic opportunity to enact legislation that would 
effectively augment existing Federal law and demonstrate that this 
Nation will not tolerate violence directed at any individual because of 
their identity, instead of supporting legislation, such as the measure 
before us today, that takes us in the opposite direction.
  Second, this measure fails to include an amendment offered by Mr. 
Nadler--also adopted by voice-vote--which would have prevented the sale 
of a firearm to anyone convicted of a misdemeanor sex offense.
  By now, members of this body are painfully aware of the fact that sex 
offenders often use firearms to prey upon their unsuspecting victims. 
In fact, not long ago Keith Dwayne Lyons, a high-risk sex offender, was 
convicted of engaging in unlawful sexual intercourse with a minor.
  According to published police reports, Mr. Lyons was aided by the use 
of a firearm in carrying out his crime. Unfortunately, and 
notwithstanding such tragedies, it appears to be the wisdom of a small 
minority that the bill before us is not the proper vehicle to address 
such matters and prevent them from reoccurring in the future.
  Finally, the measure under consideration today includes a complex 
system of categories whereby sex offenders are classified based upon 
the nature of their offense. They are also routinely forced to verify 
the accuracy of their registry information based upon this system.
  This new system of registration and registry verification has never 
been discussed by members of our committee. While some may certainly 
welcome such a system, others most likely will not. In either event, a 
change of this magnitude should not be undertaken without adequate 
thought, consideration and debate.
  Setting aside these issues, I remained deeply concerned by the 
legislation's inclusion of at least 43 new mandatory minimum penalties 
and over 10 new death penalty eligible offenses. In the past, I've gone 
to great lengths to explain my deep opposition to mandatory minimum 
sentences and the death penalty, so I won't repeat many of those 
arguments here. Except, to say that such penalties are completely 
arbitrary, ineffective at reducing crime and a total waste of 
taxpayers' money.
  Thanks to mandatory minimum sentences, almost 10 percent of all 
inmates in state and Federal prisons are serving life sentences, a near 
83 percent increase from 1992. In two states alone, New York and 
California, almost 20 percent of inmates are serving life sentences.
  And, what do we have to show for such statistics? The answer is 
simple. A prison system that currently houses more than 2.1 million 
Americans and costs an estimated $40 billion a year to run and operate.
  In the end, the list of lingering concerns associated with this bill 
is quite staggering.
  Over 33 scientific researchers, treatment professionals and child 
advocates have written in to express their concerns regarding the 
bill's overly harsh treatment of juveniles.
  Advocates from the immigration community have written in to complain 
about the bill's provisions which will likely encourage state and local 
law enforcement officials to enforce Federal immigration laws.
  And, groups ranging from the Chamber of Commerce to the American 
Library Association have expressed serious concerns that the provisions 
outlined in title 6 of the bill will create criminal liability for the 
producers and distributors of mainstream novels, photographs, Internet 
content, movies, and TV shows.
  With so many outstanding issues and no opportunity to offer even 
modest amendments, it's hard to see how anyone could lend their support 
to this measure.
  I strongly urge my colleagues to vote ``no''.
  Madam Speaker, I reserve the balance of my time.
  Mr. SENSENBRENNER. Madam Speaker, I yield 1\1/2\ minutes to the 
gentleman from Wisconsin (Mr. Green).
  Mr. GREEN of Wisconsin. Madam Speaker, I thank the gentleman for 
yielding me this time and for his great leadership on child safety 
issues.
  There is one provision I wish to speak about in this bill that the 
people of Wisconsin are tragically familiar with: the Amy Zyla Act. It 
was inspired by the story of Amy Zyla, a young woman from Waukesha, 
Wisconsin. Amy is a young lady who has bravely crusaded to protect 
other potential victims. She herself was sexually assaulted by a young 
offender when she was just 8 years old. Her attacker was found guilty 
and was sentenced to a juvenile facility for this heinous act. Yet 
because he was a juvenile, his record was sealed. When he turned 18, he 
was released into the community, only to reoffend shortly after he got 
out.
  Law enforcement was not allowed to notify the community that a 
convicted, high-risk sex offender was back on the streets, because he 
had been a juvenile. As a result, he went on to portray himself as a 
youth minister and preyed upon others. He was given the trust of other 
parents because they simply didn't know that he was a convicted sex 
offender.
  These subsequent crimes were absolutely preventable. Under the Amy 
Zyla provision of this bill, if a sex crime committed by a juvenile 
offender is serious enough that it would qualify reporting under the 
sex offender registry had he been an adult, law enforcement has the 
authority to notify the

[[Page 2975]]

community when that sex offender is released.
  Madam Speaker, communities, victims, and parents must be able to rely 
upon the sex offender registries. This provision, and certainly this 
bill, will help us get there.
  Mr. CONYERS. Madam Speaker, I yield 4 minutes to the gentleman from 
Virginia (Mr. Scott), and no one has worked harder in this area than 
he.
  Mr. SCOTT of Virginia. Madam Speaker, I thank the gentleman for 
yielding me this time.
  Madam Speaker, this is a very difficult bill to try to debate because 
it includes a lot of different bills, everything except the hate crimes 
bill, which had broad support at least on this side. It includes a 
variety of slogans and sound bites, many of which have actually been 
shown to increase crime, disrupt orderly, proportionate, and fair 
sentencing, it wastes money and violates common sense.
  Among these approaches are trying more juveniles as adults, the 
mandatory minimums, new death penalties, and habeas corpus 
restrictions, which is a process by which dozens of innocent people on 
death row have been able to show their innocence and escape the death 
penalty because they were innocent of the underlying charges. It also 
includes a national sex offender registry that includes misdemeanors 
and juveniles in the same kind of registration as the most serious 
predatory offenses.
  If we are going to be serious about dealing with child sexual abuse, 
we ought to face the fact that virtually all of the abusers are either 
related to the child or at least known to the child's family. No 
studies have shown that these things actually reduce child abuse; and, 
in fact, anecdotal evidence would suggest that we might be actually 
increasing crime. Because the people who are the subject of these are 
unable to get a job, unable to live in any kind of neighborhood, have 
nothing to lose, the restrictive covenants now restricting where they 
can live, and all of these things may in fact increase crime. But there 
are certainly no studies to show that they have reduced by any 
measurable amounts the amount of child sexual abuse.
  We are treating more juveniles as adults. That thing has been studied 
over and over again, and we know that treating more juveniles as adults 
will increase the crime rates. In every State, the most heinous crimes 
are already subject to juveniles being treated as adults. So if this 
passes, we are talking about those who are not now treated as adults 
who would be treated as adults under this bill. Those are the marginal 
cases.
  We know that those marginal cases sent to adult court will not have 
education and psychological services and family services available in 
the juvenile court. They will either be locked up with adults or just 
released on probation. Whatever the adult court judge does will be more 
likely to have crime in the future than if the juvenile court can 
provide those services.
  We know how to reduce juvenile crime. It is the prevention programs. 
And unlike many bills, there is actually some money in this bill for 
prevention programs. They work. So those provisions are actually 
meaningful. We also have reentry programs in here. They work and have 
been proven to reduce recidivism. So there are at least some provisions 
of the bill that have something to recommend them.
  But the mandatory minimums in the bill have been studied. We know 
from all the studies that mandatory minimums have been shown to waste 
money, discriminate against minorities, and violate common sense. This 
bill includes mandatory minimums for juveniles that includes a 20-year 
mandatory minimum for a fistfight that results in a serious injury, and 
10 years mandatory minimum if there is no serious injury; 10 years 
mandatory minimum for a fistfight in a school yard. This bill cannot be 
serious.
  We have death penalties which have been proven to have no effect on 
crime. Innocent people are convicted. We have a habeas corpus provision 
that will eliminate the possibility that many of those who are innocent 
on death row, and we know there are many of them, will not have the 
opportunity to have their cases adjudicated.
  We saw in the confirmation hearings for Justice Alito, when he was 
asked if an innocent person had a constitutional right against 
execution, and he didn't give a straight answer. We need to make sure 
people's rights are protected and that habeas corpus provisions are 
eliminated from the bill.
  Mr. SENSENBRENNER. Madam Speaker, I yield 1\1/2\ minutes to the 
gentleman from Florida (Mr. Keller).
  Mr. KELLER. Madam Speaker, I thank the gentleman for yielding me this 
time and for his leadership on child safety issues.
  Madam Speaker, I rise today in strong support of the Child Safety and 
Violent Crime Reduction Act because it is a commonsense way to protect 
our school children from pedophiles.
  Isn't it a matter of common sense to allow a local school district in 
Orlando, Florida to do criminal background checks on coaches, janitors, 
and teachers who work with our children, to make sure they are not 
convicted pedophiles from Georgia or some other State?
  Isn't it common sense to protect young school children in the first 
place by keeping these pedophiles locked up with lengthy prison 
sentences?
  Isn't it common sense that coddling repeated sex offenders with self-
esteem courses and rehabilitation doesn't work, and that locking them 
up does work?
  Madam Speaker, the best way to protect young children is to keep 
child predators locked up in the first place, because someone who has 
molested a child will do it again and again and again.
  Last year, two young Florida girls, 9-year-old Jessica Lunsford and 
13-year-old Sarah Lunde, were abducted, raped, and killed. In both 
cases the crimes were committed by convicted sex offenders who were out 
on probation. This law imposes a mandatory minimum punishment of 30 
years for those who commit violent crimes against children, as well as 
a punishment of life in prison or a death sentence when that crime 
results in a child's death.
  It is high time that we crack down on child molesters by implementing 
these commonsense reforms, and I urge my colleagues to vote ``yes'' on 
H.R. 4472.
  Mr. CONYERS. Madam Speaker, I now yield 3 minutes to the gentleman 
from Massachusetts (Mr. Frank), who has worked on a number of issues 
connected with the measure presently being debated.
  Mr. FRANK of Massachusetts. Madam Speaker, I once again skirt the 
rules of the House by taking note of the fact that people not in this 
Chamber may be watching us. And I am particularly concerned about 
members of the Iraqi National Assembly, the newly elected Parliament 
which we are trying to instruct in democracy. They may be observing 
this procedure by which this House deals with a number of very 
important and controversial issues, some of which I fully support, some 
of which I question. But as they watch us deal with this, it is being 
dealt with in a manner in which no amendments are allowed, in which 
only 40 minutes total of debate are allowed. And it is a bill brought 
forward because the committee leadership didn't like what happened when 
the House actually voted on it in a democratic manner.
  You will remember this bill came before us, many of the elements of 
this bill some time ago, and the House, working its will, voted to 
include an amendment to the hate crimes section. That appalled many 
Members of the majority. In fact, we read in some of the newspapers, 
members of the majority of the Republican Study Committee lamented the 
fact that the leadership had actually given the House membership a 
chance to vote. They said, we can't allow that to happen, we can't 
allow democracy to be running rampant on the floor of the U.S. House of 
Representatives.
  So today we have the antidote to democracy. We have a bill brought 
forward that repeats much of what was done before, which adds some 
other issues that ought to be debated, many of which I support, some of 
which I

[[Page 2976]]

might like to see amended, and it prohibits amendments. It is a very 
important and somewhat controversial piece. And there can be 
controversy about better ways to do it or worse ways to do it, but it 
is brought up in an absolutely undemocratic fashion.
  So to those members of the Iraqi National Assembly who may happen to 
be observing this, I think there is a very important point we need to 
make: please don't try this at home.
  We are trying to instill others in the world to be democratic. The 
President's inaugural address noted that we are going to bring 
democracy. Is this what you mean by teaching people to follow 
democratic procedures, Madam Speaker?

                              {time}  1130

  The other side brings up a controversial bill, and because it was 
amended once, make sure you can bring it back again in an unamendable 
form, put in other aspects, and leave virtually no time for debate. We 
will have debated this bill under the same rule that we debate naming 
of post offices. We will give this bill the same amount of time as we 
give post offices, or that major piece of legislation, the only vote we 
cast last Wednesday when this House came out overwhelmingly in favor of 
Sandra Day O'Connor. That is the bill that we had 40 minutes of debate 
on, the same as this.
  This is a shameful example of the degradation of the democratic 
process that has befallen this House. What happens is what has happened 
in the past: things get put in here that cannot be individually 
examined, they cannot be debated. Members will feel pressured to vote 
for the overall package. Members, and this is the goal, put a lot of 
things in here that are very important and very good, many of which I 
have voted for in the past, many of which I want to vote for. But 
Members have put in a few other things that are very controversial and 
do not allow this House to approach looking at things individually and 
saying an amendment here, yes or no. And then if Members do not buy the 
whole package, then you go after them.
  The Republican majority has decided to legislate in the same manner 
in which you give a pill to a dog: you take something that the dog 
wants and you stick a couple of pills in it and you ram it down its 
throat. That is an inappropriate way for this democratic House to 
proceed.
  Mr. SENSENBRENNER. Madam Speaker, I yield myself 1 minute.
  Madam Speaker, this is not giving a pill to a dog. What this 
legislation does is it combines three bills that the House already 
debated and passed but which got stalled in the other body. What it 
does is it takes away the poison pills that have caused the essential 
legislation to be stalled in the other body. And it makes some 
amendments, some of which have been requested by people on the other 
side of the aisle such as getting rid of a certain number of mandatory 
minimum penalties.
  The purpose of this exercise is to get legislation signed into law 
and it is important legislation on protecting children from pedophiles, 
protecting Americans from gangs, and protecting judges from kooks who 
want to try to do them and their families harm. That is why this 
procedure is being used today so that we can make a law.
  Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman from Florida 
(Ms. Harris).
  Ms. HARRIS. Madam Speaker, I rise today to urge my colleagues to 
support H.R. 4472, the Children's Safety and Violent Crime Reduction 
Act.
  Unfortunately, there are thousands of reasons why this legislation is 
so vitally important. According to the National Center for Missing and 
Exploited Children, the location of between 100,000 and 150,000 of the 
500,000 sex offenders currently registered in the United States are 
unknown. But the victims are known, and their names are known. And 
today, we know we are not powerless.
  This bill takes commonsense steps towards ensuring sex offenders are 
not free to prey on the most vulnerable members of our society. We 
require States to expand the definition of sexual offenders to include 
juveniles, alert other States when predators seek refuge in another 
State and make community notification proactive, not reactive efforts.
  There are many reasons which cause parents across America to lie 
awake at night. Our failure to pass this valuable legislation should 
not be one of them.
  Madam Speaker, sexual predators live in darkness but their victims 
live in vibrant colors of all our memories. In pinks and blues. And in 
purple.
  Prior to her abduction and murder at the hands of a sexual predator 
in February of 2004, that was the favorite color of 11-year-old Carlie 
Brucia. It still is.
  Mr. CONYERS. Madam Speaker, I yield 16 seconds to the gentleman from 
Massachusetts (Mr. Frank).
  Mr. FRANK of Massachusetts. Madam Speaker, I just want to point out 
that the poison pill the gentleman from Wisconsin was referring to was 
an amendment adopted on the floor of this House by a majority of the 
House. So the poison pill is the result of a majority of this House. 
The problem is the gentleman from Wisconsin has Thomas Jefferson 
confused with Lucretia Borgia. When the will of the House works its 
will under this regime, and the gentleman from Wisconsin does not like 
the outcome, it becomes a poison pill and we go through this whole 
procedure just to get rid of it.
  Mr. CONYERS. Mr. Speaker, I yield 3 minutes to the gentleman from New 
York (Mr. Nadler), a distinguished member of the committee.
  Mr. NADLER. Mr. Speaker, this bill manipulates the legislative 
process by repackaging legislation that for the most part has already 
passed the House, and by taking out of that legislation two amendments 
that were passed on the floor of the House and giving us no 
opportunity, giving the House majority no opportunity to correct this.
  The bill includes three previous bills. On one of them I offered an 
amendment to prohibit gun possession by convicted misdemeanor sex 
offenders against minors. The amendment was agreed to unanimously and 
incorporated in the underlying bill. This is one of the poison pills. 
One of the poison pills, in other words, is that apparently the 
sponsors of this bill think it is essential to allow people convicted 
of misdemeanor sex offenses against minors to possess firearms, so they 
can use firearms against minors the next time.
  The other amendment, the ranking member offered an amendment to 
combat crimes based on race, religion, national origin, disability, 
gender and sexual orientation by allowing the Federal Government to 
provide resources to local law enforcement to act as a Federal backup 
if local authorities do not prosecute these crimes. The amendment 
passed 223-199.
  Now we are faced with this legislation on a suspension calendar. We 
are told that it is on a suspension calendar and it is unamendable 
because we have already debated. Yes, but we passed it in different 
forms, and they are just taking out the two poison pills.
  Who has the right to decide that what the majority of the House voted 
is a poison pill and not give this House the right to vote on whether 
it agrees with them or not?
  If the gentleman brought forth this bill under the regular calendar 
and said should we remove these two provisions because we cannot pass 
them in the Senate, let the House debate that. Maybe we would decide it 
is more important to let the Senate pass this bill and permit 
misdemeanor sexual offenders to have firearms than not to pass the 
bill. Maybe we would decide that, but that should be decided in a 
debate, not because someone behind the scenes decides that the will of 
the House can be overturned.
  I urge Members to oppose this bill because it does not include these 
two provisions, to ban gun possession by those convicted of misdemeanor 
sex offenders against minors. We should not go on record today, as a 
vote for this legislation would be in favor of gun possession by people 
convicted of misdemeanor sex offenses. And it also does not include the 
hate crimes amendment that was sponsored by Mr. Conyers and included by 
the House by majority vote.

[[Page 2977]]

  It is wrong to prostitute the procedures of this House to undo the 
majority votes on the floor by behind-the-scenes manipulation and then 
say this is democratic procedure.
  Mr. SENSENBRENNER. Mr. Speaker, I yield to the gentleman from Ohio 
(Mr. Gillmor) for the purpose of a unanimous consent request.
  Mr. GILLMOR. Mr. Speaker, I thank the chairman and rise in strong 
support of the bill.
  Mr. Speaker, as a father and a grandfather I am often reminded of the 
dangers that surround my loved ones. Specifically the growing threat 
that sexual predators pose to our Nation's children and their families 
represents an area where our criminal justice system has fallen behind 
the public need. In order to effectively protect our loved ones, we 
must provide the American public with unfettered access to know who 
these dangerous criminals are and where they are living. If a picture 
is worth a thousand words, than a comprehensive nationwide publicly 
accessible database is worth at least that many lives.
  I was pleased that Chairman Sensenbrenner included provisions from my 
bill, H.R. 95, that would create a national, comprehensive, and 
publicly accessible sex offender database into this comprehensive piece 
of legislation. Additionally, I feel that it is important to have 
consistency not only with a national registry, but also in how 
offenders are classified. Currently each State classifies offenders 
differently according to the risk that they pose to the community. The 
result is inconsistent and unreliable classifications across state 
lines. I was pleased that the chairman saw the need to address this 
issue, and I appreciate him working with me to include a provision to 
study the merits of a national risk-based classification system that 
could be integrated into the national sex offender database.
  Furthermore, I was delighted at the level of bipartisanship that both 
my bill and today's legislation have received and I would like to 
personally thank Mr. Pomeroy from North Dakota for his leadership and 
support. Also, I would like to extend my gratitude to organizations 
such as the Big Brothers and Big Sisters of America and the Safe Now 
Project for the help and cooperation that they provided throughout this 
process.
  Mr. Speaker, today we must come together to make certain that our 
children grow up in a safe and secure environment and that parents are 
unafraid to let their children play in their neighborhood because they 
have the information they need to protect them. Knowledge is power, and 
today we have an opportunity before us to supply the American public 
with the tools necessary to protect themselves, their family, and their 
friends against those that would commit these heinous crimes. I urge 
all of my colleagues to cast their vote in support of this legislation 
and collectively answer the American public's call to provide them with 
additional resources to combat these predators before another life is 
lost and tragedy befalls another family.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 1\1/2\ minutes to the 
gentleman from Florida (Mr. Foley).
  Mr. FOLEY. Mr. Speaker, there are a lot of collateral issues being 
discussed today, but the fact remains that the will of the House is not 
a mandate on the Senate. The Senate was unwilling to accept some 
provisions. Let us acknowledge that.
  But let us talk about what we are here for today, and that is to 
protect the vulnerable children. You have heard the names repeatedly in 
this debate. I do not want to read about another one for our failure to 
act.
  This House did overwhelmingly approve this bill because there are a 
lot of good legislative initiatives in this bill to protect our 
children. I have said repeatedly on this floor that we protect library 
books better than we do our children. We have a better system of 
accountability than we do for our children.
  This is about the kids that have perished because they were at the 
hands of despicable child predators.
  Mr. Sensenbrenner has crafted a bill that gets at the heart of this 
matter. I want to thank John Walsh, who lost his son Adam, as a 
tireless advocate who went and asked Senator Frist to bring this base 
bill to the Senate floor, and Senator Frist has agreed to that request, 
along with the other parents of the children who have lost their lives.
  These brave parents have come to this city to urge Congress to not 
let the tragedies that have happened to their families happen to 
another child.
  I thank Ms. Ginny Brown-Waite, an outstanding advocate who had a 
resident in her district who died at the hands of a pedophile. We can 
do better.
  Mr. Speaker, I want to thank Mike Volkov, Bradley Schreiber and 
others who helped craft this important legislation, and I urge passage 
of this bill.
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, what are we here for, to let the other body off the 
hook? Anything they do not like, we have to take out? I do not follow 
that reasoning at all.
  Mr. Speaker, I yield 5 seconds to the gentleman from Massachusetts 
(Mr. Frank).
  Mr. FRANK of Massachusetts. Mr. Speaker, I know some Members here 
will not remember it, but there used to be something called a 
conference committee, and if we sent the Senate a bill and they did not 
like it, they could amend it and send it back. We do not have to do the 
bidding of the Senate by taking the tough issue off the table for them.
  Mr. CONYERS. Mr. Speaker, I yield 15 seconds to the gentleman from 
Virginia (Mr. Scott).
  Mr. SCOTT of Virginia. Mr. Speaker, I want to refer to a letter that 
says, ``For the first time, the statute would implicate a wide array of 
legitimate, mainstream businesses that have never been linked in any 
way to the sexual exploitation of children.'' It continues, ``In some 
instances, the proposed amendments are vague and offer little guidance 
as to what is required of those needing to comply, and in others, they 
impose requirements that are simply impossible to meet.''
  The letter is signed by the Chamber of Commerce, the American Library 
Association, the National Association of Broadcasters, the National 
Cable and Telecommunications Association, Screen Actors Guild, American 
Association of Advertising Agencies, the American Association of Law 
Libraries and others.

                                                 February 7, 2006.
     Hon. Orrin G. Hatch,
     U.S. Senate,
     Washington, DC.
       Dear Senator Hatch: We are writing to express our 
     continuing concern with the legislative language contained in 
     S. 2140, the Prevention of Sexual Exploitation of Children 
     Act that would significantly expand the scope of Title 18 
     U.S.C. Sec. 2257. As you know, we strongly support the 
     objective of increasing the Justice Department's ability to 
     combat child pornography and exploitation. The members of our 
     broad coalition are committed to protecting children from 
     exploitation. That is why we appreciate and acknowledge the 
     efforts of the sponsors of S. 2140 to address many of the 
     issues raised by prior attempts to amend Sec. 2257. However, 
     serious concerns remain.
       S. 2140 would significantly expand the types and categories 
     of conduct that would trigger the requirements of Sec. 2257. 
     For the first time, the statute would implicate a wide array 
     of legitimate, mainstream businesses that have never been 
     linked in any way to the sexual exploitation of children. S. 
     2140 dramatically expands the class of persons required to 
     keep records and to label products under Sec. 2257. Many 
     affected by the proposed expansion are businesses and 
     individuals that have no actual contact or relationship with 
     the performers in question. In some instances, the proposed 
     amendments are vague and offer little guidance as to what is 
     required of those needing to comply, and in others, they 
     impose requirements that are simply impossible to meet. 
     Expansion of Sec. 2257 as envisioned by the proposed 
     legislation will likely divert even more resources toward 
     legal challenges to the statute and away from the 
     legislation's primary objective of prosecuting those who 
     sexually exploit children.
       It is important to note that since Sec. 2257 was passed in 
     1988, the inspection regime of the law has, to our knowledge, 
     never been used. Rather than expanding the scope of Sec. 2257 
     to cover a myriad of lawful, legitimate, Main-street 
     businesses, we believe effective enforcement of the existing 
     regime is first necessary. Accordingly, any amendments to the 
     statute should be narrow and focused on individuals that seek 
     to harm young people.
       Finally, from the outset of this process, we have been 
     prepared to discuss the serious concerns our coalition has 
     with the proposals to amend Sec. 2257. However, we are not 
     involved in the negotiation of the current bill language. 
     While we remain committed to working with all interested 
     parties, we do not believe that in its current form, S. 2140 
     addresses the myriad of legitimate concerns raised by our 
     coalition.
       We applaud you for your continued leadership and dedication 
     to protecting children

[[Page 2978]]

      and reiterate our commitment to work with you to address 
     this serious issue.
           Sincerely,
         United States Chamber of Commerce; Video Software Dealers 
           Association; Americans for Tax Reform; American Library 
           Association; American Conservative Union; National 
           Association of Broadcasters; National Cable & 
           Telecommunications Association; Motion Picture 
           Association of America; Screen Actors Guild; Media 
           Freedom Project; American Hotel and Lodging 
           Association; The American Federation of Television and 
           Radio Artists; Magazine Publishers of America; 
           Directors Guild of America; Digital Media Association; 
           Computer & Communications Industry Association; 
           Association of Research Libraries; The Creative 
           Coalition; Association of National Advertisers; 
           Association of American Publishers; American 
           Association of Advertising Agencies; American 
           Advertising Federation; American Booksellers Foundation 
           for Free Expression; Publishers Marketing Association; 
           Freedom to Read Foundation; American Association of Law 
           Libraries

  Mr. SENSENBRENNER. Mr. Speaker, I yield 1\1/2\ 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 the bill that we have before us, the Children's Safety and 
Violent Crime Reduction Act.
  February 23 marked the 1-year anniversary of Jessica Lunsford's 
death. I knew the family; I knew the grandmother. If Jessica were still 
with us, she would have been in the fifth grade. She would be learning 
about decimals and fractions and the solar system. Instead, her life 
was taken by a sex offender who assaulted and murdered her, and then 
buried her in his backyard. That is what this bill is all about; it is 
going after those, as someone once described, pond-scum predators.
  Congress has responsibility to punish those who perpetrate the worst 
and most disgusting crimes against our children. My heartfelt thanks to 
the chairman who was gracious enough to work with all of us on these 
various bills to protect our children in America today.
  Mr. Speaker, we cannot afford to wait one day longer for this bill to 
become law. On behalf of Jessica Lunsford's family, I urge every Member 
of this House to vote in favor of this bill. It is important that we 
send a loud and clear message that Congress is serious about protecting 
America's children from predators, those same predators who would harm 
our children, our grandchildren, and our neighbor's children. That is 
what this bill is all about. It is about protecting America's children 
and I urge support of the bill.
  Mr. SENSENBRENNER. Mr. Speaker, I yield to the gentleman from Nevada 
(Mr. Porter) for the purpose of a unanimous consent request.
  Mr. PORTER. Mr. Speaker, I thank the chairman and include my 
statement for the Record:
  I want to thank the Chairman of the Judiciary Committee, Mr. 
Sensenbrenner, for bringing this bill to the House today. It is an 
important bill that will help protect children and our community's 
safety.
  One section of this package includes H.R. 4894, legislation I 
introduced, that will provide our school districts with another tool in 
their extraordinary efforts to bring highly qualified staff to our 
classrooms and schools.
  By providing our school districts with direct access to criminal 
information records, we can help ensure timely and complete information 
on prospective school employees. This provision will allow local and 
state educational agencies to access national criminal information 
databases and will ensure that schools have the information they need 
when hiring teachers entrusted with our children and our classrooms.
  Teachers are unparalleled in the role they play in children's lives. 
Most teachers uphold the highest standards of conduct, and they deserve 
the trust they have earned in educating our children. However, 
particularly in rapidly-growing communities, a lack of good information 
may leave schools vulnerable and could endanger our students. This is a 
common sense opportunity to give states and local schools the tools 
they need to ensure safety in our schools.
  This package also includes legislation I introduced, H.R. 4732, The 
Sergeant Henry Prendes Memorial Act of 2006. This legislation states 
that whoever kills, or attempts to kill or conspires to kill, a 
federally funded public safety officer while that officer is engaged in 
official duties, shall be imprisoned for no less than 30 years, or 
life, or, if death results may be sentenced to death. A `public safety 
officer' in this legislation means an individual serving a public 
agency in an official capacity, as a judicial officer, law enforcement 
officer, firefighter, chaplain, or as a member of a rescue squad or 
ambulance crew.
  This is a common sense legislative package that will help keep our 
children and those who protect our communities safe. I urge my 
colleagues to support this bill and, again, applaud the Chairman for 
his leadership on the underlying legislation.
  Mr. Speaker, insert the following article on Sergeant Prendes into 
the Record.

          `Our Worst Nightmare': LV Officer Slain in Gunbattle

                   (By Brian Haynes, Review-Journal)

       What was to have been a proud day for the Metropolitan 
     Police Department on Wednesday ended as one of its darkest.
       Fourteen-year police veteran Sgt. Henry Prendes was shot 
     and killed during a domestic violence call, becoming the 
     first Las Vegas police officer in 17 years to be slain in the 
     line of duty.
       ``I can tell you, for the men and women of the Metropolitan 
     Police Department this is a very sad day,'' Sheriff Bill 
     Young said. ``It's our worst nightmare as an agency.''
       Prendes, 37, was ambushed as he approached the front door 
     of a house in southwest Las Vegas. The gunman then held 
     police at bay by firing more than 50 rounds from a 
     semiautomatic assault rifle before officers shot and killed 
     him, Young said.
       A second officer was shot in the leg during the gunbattle.
       Police identified the gunman as Amir Rashid Crump, 21, an 
     aspiring Las Vegas rapper who went by the nickname 
     ``Trajik.''
       The incident began about 1:20 p.m., just as Young was about 
     to start an awards ceremony at the Clark County Commission 
     chambers. Young told the audience of police officers and 
     their families that he had to leave and explained that an 
     officer had been shot. He didn't know that Prendes was dead 
     until he was en route to University Medical Center.
       Police had responded to the home at 8336 Feather Duster 
     Court, near Durango Drive and the Las Vegas Beltway, after 
     several 911 calls about a man beating a woman with a stick in 
     the front yard and breaking windows on vehicles and the 
     house.
       Prendes and several officers arrived and found the woman, 
     who was Crump's girlfriend. Her mother and her brother were 
     with her. Crump had gone inside the home.
       Prendes ``cautiously approached'' the door when he was met 
     with gunfire, Young said. An officer nearby saw Prendes 
     ``reeling out of the house, saying, `I'm hit,''' Young said.
       Prendes fell on the sidewalk, but other officers could not 
     reach him because Crump continued firing with his gun, which 
     was similar to an AK-47, Young said.
       Crump fired about 50 rounds and kept the officers pinned 
     behind cars, walls and whatever cover they could find, he 
     said. He went upstairs and fired down upon the officers, he 
     said.
       Investigators found several empty ammunition clips at the 
     scene.
       ``He was prepared for this,'' Young said. ``He was ready, 
     waiting and willing to kill a police officer.''
       As the gunbattle continued, officers from across the valley 
     sped toward the area and swarmed the neighborhood. Several 
     roads were closed as police locked down the scene and 
     surrounding neighborhood.
       Joe Anello, a Manhattan Beach, Calif., resident who was 
     visiting a relative, watched the incident unfold from a 
     backyard looking toward Feather Duster Court. He said he 
     heard a burst of eight to 10 shots, followed by about 15 
     seconds of silence, then another 15 or 20 gunshots.
       Another neighbor, Anthony Johnson, said it sounded like a 
     gunbattle.
       ``It sounded like someone was shooting, and then someone 
     shooting back,'' he said.
       Aaron Barnes, who lives on Feather Duster Court, said he 
     came home from work and saw the police helicopter. He heard 
     gunfire and looked up the street to see his neighbor, Crump, 
     firing a gun.
       He said his neighbor, a member of the rap group Desert 
     Mobb, was usually quiet, except for occasional loud music in 
     the middle of the night.
       Despite the barrage of gunfire, police officers tried to 
     rescue Prendes. A plainclothes officer with the gang unit was 
     armed with an assault rifle and helped turn the tide.
       ``His weapon probably saved the day,'' Young said.
       That officer was shot in the leg during the rescue attempt.
       Police shot and killed Crump outside the front door.
       About five or six officers fired their weapons during the 
     incident. Their names will be withheld until 48 hours after 
     the incident, which is department policy.
       ``This could have been a lot worse,'' Young said. ``We are 
     extremely fortunate that other police officers were not 
     killed in this incident.''

[[Page 2979]]

       At UMC, dozens of somber uniformed and plainclothes 
     officers gathered in front of the Trauma Unit to show their 
     support for the wounded officer. Police sealed off the Trauma 
     Unit entrance for hours, allowing only authorized personnel 
     to use that entrance. Nearly all visitors were told to use a 
     different hospital entrance.
       The last Las Vegas police officer to be shot and killed in 
     the line of duty was 34-year-old Marc Kahre. He was shot in 
     October 1988 while responding to a domestic violence call in 
     east Las Vegas.
       Young said domestic violence calls can be the most 
     dangerous for a police officer, but Las Vegas police officers 
     handle thousands a year without incident.
       ``Today, unfortunately, our luck ran out,'' Young said.

  Mr. SENSENBRENNER. Mr. Speaker, I yield 1\1/2\ minutes to the 
gentleman from Nevada (Mr. Gibbons).
  Mr. GIBBONS. Mr. Speaker, I want to add my strong voice today in 
support of H.R. 4472, the Children's Safety and Violent Crime Reduction 
Act of 2005. I also want to thank Chairman Sensenbrenner for his solid 
effort in making sure that this House is once again on record in 
working to protect our children and our families.
  I am pleased that an amendment that I offered to the original 
legislation last year, which was adopted with a unanimous vote, is 
included once again in today's final bill.
  My amendment requires the GAO to study the feasibility of 
implementing on a nationwide basis a tough annual driver's license 
registration requirement that my home State of Nevada has imposed on 
sex offenders.
  Just last month, it was reported that there are almost 2,000 
convicted sex offenders living in Nevada that are out of compliance 
with these registration requirements. Something must be done to fix 
this problem. It is nationwide.
  This bill takes a huge step forward in protecting the most vulnerable 
among us, our children.

                              {time}  1145

  I strongly urge my colleagues to support this critical bill and send 
a message to all that preying on our children will not be tolerated 
anytime, anywhere.
  Mr. CONYERS. Mr. Speaker, I now yield to the distinguished 
gentlewoman from Texas (Ms. Jackson-Lee) 2\3/4\ minutes.
  Ms. JACKSON-LEE of Texas. I thank the distinguished gentleman, and I 
can't thank you enough for the work you have done in a bipartisan 
effort to preserve a very valuable piece of legislation, the hate 
crimes legislation that this Congress has gone on record any number of 
times to be able to support.
  Mr. Speaker, I wish as I listened to my good friends on the other 
side of the aisle that we were squarely focusing on protecting our 
children. In fact, I support the National Sex Offender Registry that is 
in this particular legislation, the sex crimes, that provides, if you 
will, a list of the sex offenders all over America. I think that is an 
important element. I obviously support the idea of preventing sexual 
assault on juveniles in prison and certainly the vetting of foster care 
parents that are taking care of our children. But I think the basic 
fault of this legislation doesn't lie in the House, it lies in the 
majority leader of the Senate refusing to put this particular 
legislation on the floor of the Senate and going into conference.
  My difficulty, of course, is the various kitchen sink elements that 
are included. I may want to see the Federal judges that are included 
and protected in this legislation protected, but have we vetted the 
question of allowing judges to carry guns in the courtroom? Should we 
not provide more resources to the U.S. marshals who are there to 
protect both the families of the judges and the people who are in the 
courtroom? Are we particularly studied on the issue dealing with 
juvenile crime? Time after time after time it has shown that the trying 
of a juvenile as an adult does not work. I believe more studied 
consideration of these legislative initiatives would represent the work 
of a studied body who cares about getting legislation that is going to 
withstand judicial scrutiny.
  This legislation, which I am still in dilemma as to its merits for 
voting on, raises severe questions. Why didn't the gun legislation get 
in that eliminates sex offenders from being able to recklessly carry 
guns? We want to protect our children. We want to pay tribute to the 
legacy and the work of John Walsh and the legacy of his lost child and 
the many lost children that we don't want to see happen again. But for 
God's sake, can we do legislation that embraces all of us who believe 
in the necessity of protecting our children? There is a frustration of 
wanting to do what is right and yet having legislation that doesn't 
allow the vetting, the amending and the responsible consideration.
  This bill that seeks to protect children has very many merits. I 
would just beg my colleagues to understand that this process must be 
one that can last and survive.
  I can assure you that this will still have trouble in the Senate, 
because you have left off the hate crimes legislation which was a 
bipartisan effort. I ask my colleagues for consideration of this bill 
in the context in which I have discussed this legislation.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to my Democratic 
friend from North Dakota (Mr. Pomeroy).
  Mr. POMEROY. Mr. Speaker, I thank the gentleman for yielding.
  Talk, talk, talk. The time for talking is over. Last week I had the 
opportunity to stand with people whose children have been taken from 
them, children who were victims of horrific crimes. So that their 
children not die in vain, these wonderful people, including Linda 
Walker, who is the mother of Drew Sjodin who lost her life in North 
Dakota, have focused their energies on trying to help keep other 
children safe and to keep them safe by giving families the information 
about dangerous, high-risk sexual predators who are living in their 
communities.
  It is time we move this bill forward so that it might be conferenced 
with action the Senate would take on similar legislation. I am not 
happy with the Senate's handling of this proposal, not one bit, but I 
am not going to let some quest for perfection delay our efforts to make 
our families safer any longer. These families want action now, and this 
Congress should give it to them. Vote for this bill.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman 
from Texas (Mr. Poe).
  Mr. POE. Mr. Speaker, I want to thank the chairman for making sure 
that our children are safer. The days of child predators playing hide 
and seek are over in this country. No longer will they be able to hide 
in our communities and seek out our children as their prey.
  The national registration in this bill will help protect our children 
so that when child molesters leave our penitentiaries and move about 
from State to State, we will be able to keep up with them.
  As many Members of the House, I am the parent of four children, three 
grandchildren and two on the way. I have met with parents who have lost 
their children to child predators who left penitentiaries and preyed 
against them. Mark Lunsford and Marc Klaas both came to Washington to 
talk about the loss of their children to these criminals.
  We need to have a response, and the first duty of government, which 
is to protect the public and to protect our children, is the greatest 
cause that we can be involved in. As a member of the Victims Rights 
Caucus that was started with Katherine Harris and Jim Costa, we support 
these efforts and applaud this act.
  Mr. CONYERS. Mr. Speaker, I am happy to yield the balance of our time 
to the Congresswoman from Wisconsin, Tammy Baldwin, a former member of 
the House Judiciary Committee.
  Ms. BALDWIN. Mr. Speaker, I rise not to address the substance of this 
bill, but to address a matter that is most unfortunately missing from 
this bill. Today we consider H.R. 4472, the Children's Safety and 
Violent Crime Reduction Act of 2005, under the suspension calendar, 
which, of course, means that amendments cannot be offered.
  This bill encompasses H.R. 3132, the Children's Safety Act of 2005, 
which

[[Page 2980]]

passed the House in September of 2005. When that bill was considered on 
the floor, a hate crimes amendment was offered by the gentleman from 
Michigan (Mr. Conyers), and it passed by a strong bipartisan vote of 
223--199. Yet despite that strong bipartisan support from the Members 
of this Chamber, the hate crimes provision has been stripped out of the 
bill before us today, and there is simply no good reason for the House 
to consider H.R. 4472 without hate crimes language.
  One cannot fully address the issues of crime reduction and child 
safety without acknowledging the terrorizing impact hate-motivated 
violence has in our society, especially in subjecting groups of 
individuals to a debilitating state of fear for their safety and 
security. Hate crimes reduction is violent crime reduction, and it is 
about keeping millions of Americans, including children, safe from 
hate-motivated violence.
  It is a shame that by introducing an omnibus crime prevention bill 
and proceeding under suspension of the rules that the majority 
undermines the democratic process by doing an end run around hate crime 
prevention. I urge my colleagues to bear these facts in mind as they 
consider this legislation.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself the balance of my 
time.
  Mr. Speaker, I include at this point in the Record a section-by-
section analysis of H.R. 4472.

  H.R. 4472--The Children's Safety and Violent Crime Reduction Act of 
                                  2005

       Sec. 101. Short Title. Short Title; Table of Contents, Sec. 
     102. Declaration of Purpose.
       Sec. 111. This section sets forth the definitions for Title 
     I of the Act.
       Sec. 112. This section requires each jurisdiction to 
     maintain a jurisdiction-wide sex offender registry conforming 
     to the requirements of this title and authorizes the Attorney 
     General to prescribe guidelines to carry out the purposes of 
     the title.
       Sec. 113. This section requires a sex offender to register, 
     and maintain current information in each jurisdiction where 
     the sex offender was convicted, where the sex offender 
     resides, where the sex offender is employed and where the sex 
     offender attends school.
       Sec. 114. This section specifies, at a minimum, what 
     information the registry must include.
       Sec. 115. This section specifies the duration of the 
     registration requirement.
       Sec. 116. This section requires a sex offender to appear in 
     person for verification of registration information.
       Sec. 117. This section requires a jurisdiction official to 
     inform the sex offender of the registration requirements.
       Sec. 118. This section establishes the Jessica Lunsford 
     Verification Program which requires State officials to verify 
     the residence of each registered sex offender.
       Sec. 119. This section requires the Attorney General to 
     maintain a National Sex Offender Registry.
       Sec. 120. This section creates the Dru Sjodin National Sex 
     Offender Public Website.
       Sec. 121. This section requires each jurisdiction to make 
     available to the public through an Internet site certain 
     information about a sex offender.
       Sec. 122. This section requires an appropriate official to 
     notify, within 5 days of a change in a sex offender's 
     information certain agencies.
       Sec. 123. This section requires an appropriate official 
     from the State or other jurisdiction to notify the Attorney 
     General and appropriate State and local law enforcement 
     agencies to inform them of any failure by a sex offender to 
     comply with the registry requirements.
       Sec. 124. This section provides that law enforcement 
     agencies, employees of law enforcement agencies, contractors 
     acting at the direction of law enforcement agencies, and 
     officials from State and other jurisdictions shall not be 
     held criminally or civilly liable for carrying out a duty in 
     good faith.
       Sec. 125. This section requires the Attorney General to 
     develop software and make it available to States and 
     jurisdictions to establish, maintain, publish and share sex 
     offender registries.
       Sec. 126. If the Attorney General determines that a 
     jurisdiction does not have a minimally sufficient sex 
     offender registry program, he is required to the extent 
     practicable, to carry out the obligations of the registry 
     program.
       Sec. 127. This section requires jurisdictions to comply 
     with the requirements of this title within 2 years of 
     enactment.
       Sec. 128. This section imposes a ten percent reduction in 
     Byrne Grant funds to any jurisdiction that fails, as 
     determined by the Attorney General, substantially to comply 
     with the requirements of this Act.
       Sec. 129. This section authorizes the Sex Offender 
     Management Assistance Program to fund grants to jurisdictions 
     to implement the sex offender registry requirements.
       Sec. 130. This section authorizes the Attorney General to 
     create a demonstration project for the electronic monitoring 
     of registered sex offenders.
       Sec. 131. This section authorizes the Attorney General to 
     award grants to states that substantially implement 
     electronic monitoring programs for life for certain dangerous 
     sex offenders and for the period of court supervision for any 
     other case.
       Sec. 132. This section provides NCMEC with access to 
     Interstate Identification Index data.
       Sec. 133. This section provides NCMEC with limited immunity 
     related to its CyberTipline.
       Sec. 134. This section requires that the Bureau of Prisons 
     make available appropriate treatment to sex offenders who are 
     in need of and suitable for treatment.
       Sec. 135. This section requires the GAO to conduct a study 
     to determine the feasibility of using driver's license 
     registration processes as additional registration 
     requirements for sex offenders.
       Sec. 136. This section requires the Attorney General to 
     provide technical assistance to jurisdictions to assist them 
     in the identification and location of sex offenders relocated 
     as a result of a major disaster.
       Sec. 137. For the purposes of this Act, the term 
     ``federally recognized Indian tribe'' does not include within 
     its purview Alaska Native groups or entities. In 1884 when 
     Congress created the first civil government for Alaska it 
     decided that Alaska Natives should be subject at all 
     locations in Alaska to the same civil and criminal 
     jurisdiction as that to which all non-Native residents of 
     Alaska are subject. Alaska Natives today are subject at all 
     locations in Alaska, including in communities that are 
     ``Native villages'' for the purposes of the Alaska Native 
     Claims Settlement Act, to the criminal statutes of the Alaska 
     State Legislature and are prosecuted in the Alaska State 
     courts for violations of those statutes. For that reason, 
     like all other sex offenders who are physically present 
     within the State of Alaska, Alaska Native sex offenders, 
     including offenders who reside in ``Native villages'', are 
     required by Alaska Statute 12.63.010 et seq. to register as 
     sex offenders with the Alaska Departments of Corrections or 
     Public Safety or with an Alaska municipal police department, 
     as appropriate.
       Sec. 138. This section authorizes the Justice Department, 
     in consultation with the Secretary of State and the 
     Department of Homeland Security, to establish procedures to 
     notify relevant jurisdictions about persons entering the 
     United States who are required to register.
       Sec. 139. This section requires the Justice Department to 
     study risk-based classification systems and report back to 
     Congress within 18 months of enactment.
       Sec. 140. This section requires the Justice Department to 
     study the effectiveness of restrictions on recidivism rates 
     for sex offenders and to report back to Congress within 6 
     months of enactment on this issue.
       Sec. 151. This section creates a new federal crime for a 
     Federal sex offender or offender crosses State lines.
       Sec. 152. This section authorizes the Attorney General to 
     assist in the apprehension of sex offenders who have failed 
     to comply with applicable registration requirements.
       Sec. 153. This section authorizes funding of such sums as 
     necessary for the Attorney General to provide grants to 
     States and other jurisdictions to apprehend sex offenders for 
     failure to comply.
       Sec. 154. This section creates an enhanced criminal penalty 
     for use of a controlled substance against a victim to 
     facilitate the commission of a sex offense; and a new 
     criminal offense prohibiting Internet sales of certain 
     ``date-rape'' drugs.
       Sec. 155. This section repeals the predecessor sex offender 
     registry program.
       Sec. 156. This section authorizes grants to train and 
     employ personnel to help investigate and prosecute cases 
     cleared through use of funds provided for DNA backlog 
     elimination.
       Sec. 157. This section authorizes grants to law enforcement 
     agencies to help combat sexual abuse of children, including 
     additional personnel and related staff, computer hardware and 
     software necessary to investigate such crimes, and 
     apprehension of sex offenders who violate registry 
     requirements.
       Sec. 158. This section requires the Justice Department to 
     expand training efforts coordination among participating 
     agencies to combat on-line solicitation of children by sex 
     offenders.
       Sec. 159. This section amends the probation and supervised 
     release provisions to mandate revocation when a offender 
     commits a crime of violence or an offense to facilitate 
     sexual contact involving a person under 18 years old.
       Sec. 161. This section establishes an Office on Sexual 
     Violence and Crimes Against Children.
       Sec. 162. This section provides for Presidential 
     appointment of a Director of the Office.
       Sec. 163. This section states the purpose is to administer 
     the sex offender registration and notification program; 
     administer grant programs; and to provide technical 
     assistance, coordination and support to other governmental 
     and nongovernmental entities.

[[Page 2981]]

       Sec. 201. This section amends the DNA Analysis Backlog 
     Elimination Act to make a correction to ensure collection and 
     use of DNA profiles from convicted offenders.
       Sec. 202. This section directs the Attorney General to give 
     appropriate consideration to the need for collection and 
     testing of DNA to stop violent predators against children.
       Sec. 203. This section directs the GAO to conduct a study 
     two years after the publication of the model code on the 
     extent to which States have implemented.
       Sec. 301. This section modifies the existing statute and 
     adopts new penalties for felony crimes of violence crimes 
     committed against children.
       Sec. 302. This section restricts federal habeas review of 
     collateral sentencing claims relating to a state conviction.
       Sec. 303. This section establishes victim rights 
     requirements for habeas corpus proceedings.
       Sec. 304. This section requires the Attorney General to 
     study the implementation for a nationwide tracking system for 
     persons charged or investigated for child abuse.
       Sec. 401. This section modifies the criminal penalties for 
     several existing sexual offenses against children by amending 
     the current law.
       Sec. 402. This section expresses a sense of Congress with 
     respect to reversal of criminal conviction of Jan P. Helder, 
     Jr.
       Sec. 403. This section authorizes a new grant program for 
     child sex abuse prevention programs, and authorizes $10 
     million for fiscal years 2007 to 2011.
       Sec. 501. This section amends the Social Security Act to 
     require each State to complete background checks and abuse 
     registries relating to any foster parent or adoptive parent 
     application, before approval of such an application, and 
     provides access to agencies responsible for foster parent of 
     adoptive parent placements.
       Sec. 502. This section authorizes the Attorney General to 
     provide fingerprint-based background checks to child welfare 
     agencies, private and public educational agencies, and 
     volunteers in order to conduct background checks for 
     prospective adoption or foster parents, private and public 
     teachers or school employees.
       Sec. 503. This section amends section 2422(a) and (b) of 
     title 18, United States Code, to increase penalties for 
     coercion and enticement.
       Sec. 504. This section increases mandatory-minimum 
     penalties for conduct relating to child prostitution ranging 
     from a mandatory minimum of 10 years to a mandatory minimum 
     of 30 years depending on the severity of the conduct.
       Sec. 505. This section amends several statutes relating to 
     sexual abuse.
       Sec. 506. This section expands the list of mandatory 
     conditions of probation and supervised release to include 
     submission by the sex offender under supervision to searches 
     by law enforcement and probation officers with reasonable 
     suspicion, and to searches by probation officers in the 
     lawful discharge of their supervision functions.
       Sec. 507. This section expands the federal jurisdiction 
     nexus for kidnapping comparable to that of many other federal 
     crimes to include travel by the offender in interstate or 
     foreign commerce, or use of the mails or other means, 
     facilities, or instrumentalities of interstate or foreign 
     commerce in furtherance of the offense.
       Sec. 508. This section restricts the scope of the common 
     law marital privileges by making them inapplicable in a 
     criminal child abuse case in which the abuser or his or her 
     spouse invokes a privilege to avoid testifying.
       Sec. 509. This section amends 18 U.S.C. Sec. 1153, the 
     ``Major Crimes Act'' for Indian country cases to add felony 
     child abuse or neglect to the predicate offenses.
       Sec. 510. This section authorizes civil commitment of 
     certain sex offenders who are dangerous to others because of 
     serious mental illness, abnormality or disorder.
       Sec. 511. This section authorizes grants to States to 
     operate effective civil commitment programs for sexually 
     dangerous programs.
       Sec. 512. This section amends United States Code, to impose 
     a mandatory-minimum penalties when the offense involved 
     trafficking of a child.
       Sec. 513. This section amends United States Code to 
     increase maximum penalties for sexual abuse of wards.
       Sec. 514. This section authorizes the indictment of a 
     defendant at any time for a criminal offense for child 
     abduction and sex offenses.
       Sec. 515. This section makes the failure to report child 
     abuse a Class A misdemeanor rather than a Class B 
     misdemeanor.
       Sec. 601. Findings.
       Sec. 602. This section improves the existing record-keeping 
     regulatory scheme by adding to the types of depictions 
     covered to include lascivious exhibition of the genitals or 
     pubic area of any person, and clarifying the definitions 
     applicable to the inspection regime so that those entities 
     that produce such materials comply with the record-keeping 
     requirements.
       Sec. 603. This section adopts new record-keeping 
     obligations on persons who produce materials depicting 
     simulated sexual conduct.
       Sec. 604. This section specifies that depictions of child 
     pornography discovered by law enforcement must be maintained 
     within the government's or a court's control at all times.
       Sec. 605. This section amends the obscenity forfeiture 
     provisions to make the procedures for obscenity forfeitures 
     the same as they are for most other crimes.
       Sec. 606. This section criminalizes the production of 
     obscenity as well as its transportation, distribution, and 
     sale, so long as the producer has the intent to transport, 
     distribute, or sell the material in interstate or foreign 
     commerce.
       Sec. 607. This section authorizes compensation of court-
     appointed guardians ad litem.
       Sec. 701. This section requires that the Director of the 
     United States Marshals Service consult and coordinate with 
     the Administrative Office of the United States Courts 
     regarding the security requirements for the judicial branch.
       Sec. 702. This section authorizes $20,000,000 for each of 
     fiscal years 2006 through 2010 for hiring additional 
     necessary personnel.
       Sec. 703. This section would create a new Federal criminal 
     offense for the filing of fictitious liens against real or 
     personal property owned by Federal judges or attorneys.
       Sec. 704. This section makes it a Federal crime to 
     knowingly make available otherwise restricted personal 
     information to be used to intimidate or facilitate the 
     commission of a crime of violence against covered officials 
     or family members of covered officials.
       Sec. 705. This section requires the Attorney General to 
     report to the House and Senate Judiciary Committees on the 
     security of Assistant United States Attorneys.
       Sec. 706. This section makes it a crime punishable by fine 
     and imprisonment of ten years to flee prosecution for the 
     murder, or attempted murder, of a peace officer.
       Sec. 707. This section raises sentences for those convicted 
     of murder, or attempted murder, and kidnapping or attempted 
     kidnapping.
       Sec. 708. This section authorizes Federal judges and 
     prosecutors to carry firearms, subject to regulations 
     implemented by the Justice Department regarding training and 
     use.
       Sec. 709. This section modifies the existing penalties for 
     assaults against a federal law enforcement officer.
       Sec. 710. This section creates a new criminal offense for 
     the killing of, attempting to kill or conspiring to kill, any 
     public safety officer for a public agency that receives 
     Federal funding.
       Sec. 711. This section raises maximum criminal penalties 
     for violating 18 U.S.C. Sec. 1503 relating to influencing or 
     injuring jurors or officers of judicial proceedings by 
     killing, attempting to kill, use force or threatening to kill 
     or harm an officer or juror.
       Sec. 712. This section modifies 18 U.S.C. Sec. 1512 to 
     increase penalties for killing or attempting to kill a 
     witness, victim, or informant to obstruct justice.
       Sec. 713. This section modifies 18 U.S.C. Sec. 1513 for 
     killing or attempting to kill a witness, victim, or an 
     informant in retaliation for their testifying or providing 
     information to law enforcement by increasing penalties for 
     causing bodily injury or damaging the person's property or 
     business or livelihood, or threatening to do so.
       Sec. 714. This section amends 18 U.S.C. Sec. 1952 relating 
     to interstate and foreign travel in aid of racketeering 
     enterprise by expanding the prohibition against ``unlawful 
     activity'' to include ``intimidation of, or retaliation 
     against, a witness, victim, juror, or informant.''
       Sec. 715. This section amends section 1513 of title 18 to 
     clarify proper venue for prosecutions to include the district 
     in which the official proceeding or conduct occurred.
       Sec. 716. This section amends 18 U.S.C. Sec. 930(e)(1) to 
     prohibit the possession of ``a dangerous weapon'' in a 
     Federal court facility.
       Sec. 717. This section modifies the Federal murder and 
     manslaughter statutes to include new mandatory minimums.
       Sec. 718. This section creates a new grant program for 
     States, units of local government, and Indian tribes to 
     create and expand witness protection programs in order to 
     prevent threats, intimidation and retaliation against victims 
     of, and witnesses to, crimes.
       Sec. 719. This section authorizes grants to State courts to 
     conduct threat assessments and implement recommended security 
     changes.
       Sec. 720. This section authorizes a new grant program to 
     provide States with funds to develop threat assessment 
     databases.
       Sec. 721. This section amends 42 U.S.C. Sec. 13862 to 
     authorize grants to create and expand witness protection 
     programs to assist witnesses and victims of crime.
       Sec. 722. This section authorizes grants for State and 
     local prosecutors and law enforcement agencies to provide 
     witnesses assistance programs for young witnesses.
       Sec. 723. This section modifies the eligibility 
     requirements for discretionary grants to allow State court 
     eligibility.
       Sec. 801. This section revises existing section 521 of 
     title 18, U.S.C., to prohibit gang crimes that are committed 
     in order to further the activities of a criminal street gang.
       Sec. 802. This section expands existing section 1952 of 
     title 18, U.S.C., to increase penalties and simplifies the 
     elements of the offense.

[[Page 2982]]

       Sec. 803. This section amends criminal statutes relating to 
     definition and penalties for carjacking, illegal gun 
     transfers to drug traffickers or violent criminals, special 
     sentencing provisions, and conspiracy to defraud the United 
     States.
       Sec. 804. This section amends existing section 1958 of 
     title 18, U.S.C., to increase penalties for use of interstate 
     commerce facilities in the commission of a murder-for-hire 
     and other felony crimes of violence.
       Sec. 805. This section amends existing section 1959(a) of 
     title 18, U.S.C., to increase penalties and expand the 
     prohibition on include aggravated sexual abuse.
       Sec. 806. This section fills a gap in existing federal law 
     and creates a new criminal offense for violent acts committed 
     during and in relation to a drug trafficking crime.
       Sec. 807. This section creates a new criminal offense for 
     traveling in or causing another to travel in interstate or 
     foreign commerce or to use any facility in interstate or 
     foreign commerce with the intent that 2 or more murders be 
     committed in violation of the laws of any State or the United 
     States.
       Sec. 808. This section modifies the list of RICO predicates 
     to clarify applicability of predicate offense which occur on 
     Indian country or in any other area of exclusive Federal 
     jurisdiction.
       Sec. 809. This section applies the rebuttable presumption 
     in pre-trial release detention hearings to cases in which a 
     defendant is charged with firearms offenses after having 
     previously been convicted of a prior crime of violence or a 
     serious drug offense.
       Sec. 810. This section amends United States Code to clarify 
     venue in capital cases where murder, or related conduct, 
     occurred.
       Sec. 811. This section extends the statute of limitations 
     for violent crime cases from 5 years to 15 years after the 
     offense occurred or the continuing offense was completed.
       Sec. 812. This section permits admission of statements of a 
     murdered witness to be introduced against the defendant who 
     caused a witness' unavailability and the members of the 
     conspiracy if such actions were foreseeable to the other 
     members of the conspiracy.
       Sec. 813. This section authorizes the Attorney General to 
     charge as an adult in federal court a juvenile who is 16 
     years or older and commits a crime of violence.
       Sec. 814. This section amends title 18 to create a new 
     enhanced criminal penalty when an illegal alien commits a 
     crime of violence or a drug trafficking offense.
       Sec. 815. This section requires the Department of Homeland 
     Security to provide to the Department of Justice information 
     about certain immigration violators so that such information 
     can be included in national criminal history databases.
       Sec. 816. This section requires the Attorney General and 
     the Secretary of Homeland Security to jointly conduct a study 
     on illegal immigration and gang membership.
       Sec. 901. This section authorizes use of Byrne grants to 
     State and local prosecutors to protect witnesses and victims 
     of crimes; to fund new technology, equipment and training for 
     prosecutors and law enforcement in order to increase accurate 
     identification of gang members and violent offenders, and to 
     facilitate coordination among law enforcement and 
     prosecutors.
       Sec. 902. This section reauthorizes the Gang Resistance 
     Education and Training Program.
       Sec. 903. This section authorizes the Justice Department to 
     provide grants to establish offender reentry courts.
       Sec. 1001. This section authorizes a new grant program for 
     the National Crime Prevention Council.
       Sec. 1002. This section requires the Justice Department to 
     conduct a study.
       Sec. 1101. Short Title.
       Sec. 1102. This section requires the Secretary of Health 
     and Human Services, with the Justice Department, to create a 
     national registry of substantiated cases of child abuse and 
     neglect.

  Mr. Speaker, when I was first elected to the Wisconsin legislature in 
1968, one of my mentors warned me against making the perfect the enemy 
of the good, because if the perfect ends up defeating the good, then 
bad will prevail.
  What we have heard from the opponents of this motion to suspend the 
rules is that the bill is a good one, but it doesn't do enough, and we 
ought to add this and this and this and this. But we tried that last 
year. We passed the core bills of three separate components of this 
bill, and they ended up getting stuck in the other side of the Capitol 
Building.
  Honestly, our children, our judges, and all Americans can't afford to 
wait any longer. The gentleman from North Dakota (Mr. Pomeroy), I 
think, summed it up perfectly, that is, that the victims and their 
families cannot afford to wait any longer because of parliamentary 
objections to this, that and everything else.
  Now, let us look at what this bill does. It allows a national 
registration of sex offenders so that we can get the over 100,000 
convicted sex offenders who slipped through the registration cracks on 
the Internet so that people will know if they are in their 
neighborhood. If you defeat this bill, that is not going to happen.
  This bill also prevents the sale of date-rape drugs over the 
Internet. If you defeat this bill, that is not going to happen.
  The bill has a number of provisions to protect Federal judges and 
their families and courthouse personnel and buildings so that we don't 
have the tragedy that happened to Judge Lefkos in Chicago when two 
members of her family were murdered. You defeat this bill, our judges 
are going to be vulnerable.
  Practically every community of over a quarter of a million in this 
country has faced the scourge of gangs. There is comprehensive gang law 
in this bill that will help our law enforcement get to the ringleaders 
of these gangs and to arrest them and throw them into jail. That is 
going to make all of us safer. You defeat this bill, and that is not 
going to happen.
  I want to see a law made, and those who have spoken in support of 
this motion to suspend the rules want to see this bill become law as 
quickly as possible. We have a commitment from the majority leader on 
the other side of the Capitol, if this bill passes today, to schedule 
it quickly. In the name of our children and all Americans, vote to 
suspend the rules.

                                         House of Representatives,


                                   Committee on the Judiciary,

                                    Washington, DC, March 7, 2006.
     Hon. Howard P. ``Buck'' McKeon,
     Chairman, Committee on Education and Workforce, House of 
         Representatives, Washington, DC.
       Dear Chairman McKeon: I am writing to confirm our mutual 
     understanding regarding H.R. 4472, the ``Children's Safety 
     and Violent Crime Reduction Act of 2005,'' which is scheduled 
     for consideration on the House floor on Wednesday, March 8, 
     2006. I agree that Title XI of the manager's amendment 
     implicates the jurisdiction of the Committee on Education and 
     Workforce, and appreciate your willingness to forego 
     consideration in order to facilitate floor consideration of 
     this legislation. I agree that your decision to waive 
     consideration of the bill should not be construed to limit 
     the jurisdiction of the Committee on Education and Workforce 
     over H.R. 4472 or similar legislation, or otherwise prejudice 
     your Committee with respect to the appointment of conferees 
     to this or similar legislation.
           Sincerely,
                                      F. James Sensenbrenner, Jr.,
     Chairman.
                                  ____

                                         House of Representatives,
                                    Washington, DC, March 7, 2006.
     Hon. F. James Sensenbrenner, Jr.,
     Committee on the Judiciary, House of Representatives, 
         Washington, DC.
       Dear Mr. Chairman: I am writing to confirm our mutual 
     understanding with respect to the consideration of H.R. 4472, 
     the Children's Safety and Violent Crime Reduction Act of 
     2005. Title XI of the manager's amendment to be considered 
     under the suspension of the rules, contains the CHILDHELP 
     National Registry Act and is within the jurisdiction of the 
     Committee on Education and the Workforce.
       Given the importance of this legislation and your 
     willingness to work with me in drafting the final language of 
     Title XI, I will support the inclusion of this provision in 
     the manager's amendment without consideration by my 
     committee. However, I do so only with the understanding that 
     this procedural route should not be construed to prejudice 
     the Committee on Education and the Workforce's jurisdictional 
     interest and prerogatives on these provisions or any other 
     similar legislation and will not be considered as precedent 
     for consideration of matters of jurisdictional interest to my 
     committee in the future. Furthermore, should these or similar 
     provisions be considered in a conference with the Senate, I 
     would expect members of the Committee on Education and the 
     Workforce be appointed to the conference committee on these 
     provisions.
       Finally, I would ask that you include a copy of our 
     exchange of letters in the Congressional Record during the 
     consideration of this bill. If you have any questions 
     regarding this matter, please do not hesitate to call me. I 
     thank you for your consideration.
           Sincerely,
                                        Howard P. ``Buck'' McKeon,
     Chairman.
                                  ____

                                          House of Representatives


                                  Committee on Ways and Means,

                                    Washington, DC, March 7, 2006.
     Hon. F. James Sensenbrenner, Jr.
     Chairman, Committee on the Judiciary, Rayburn House Office 
         Building, Washington, DC.
       Dear Chairman Sensenbrenner: I am writing concerning H.R. 
     4472, the ``Children's

[[Page 2983]]

     Safety and Violent Crime Reduction Act of 2005,'' which is 
     scheduled for floor action on Wednesday, March 8, 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 501 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 502 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.
                                  ____

                                          House of Representatives


                                   Committee on the Judiciary,

                                    Washington, DC, March 7, 2006.
     Hon. Bill Thomas,
     Chairman, Committee on Ways and Means, House of 
         Representatives, Washington, DC.
       Dear Chairman Thomas: 
       I am writing to confirm our mutual understanding regarding 
     H.R. 4472, the ``Children's Safety and Violent Crime 
     Reduction Act of 2005,'' which is scheduled for consideration 
     on the House floor on Wednesday, March 8, 2006. I agree that 
     sections 501 and 502 implicate the jurisdiction of the 
     Committee on Ways and Means, and appreciate your willingness 
     to forego consideration in order to facilitate floor 
     consideration of this legislation. I agree that your decision 
     to waive consideration of the bill should not be construed to 
     limit the jurisdiction of the Committee on Ways and Means 
     over H.R. 4472 or similar legislation, or otherwise prejudice 
     your Committee with respect to the appointment of conferees 
     to this or similar legislation.
           Sincerely,
                                      F. James Sensenbrenner, Jr.,
                                                         Chairman.
  Mr. STARK. Mr. Speaker, I rise in opposition to H.R. 4472, the 
Children's Safety and Violent Crime Reduction Act. Once again, this 
Congress is attempting to address very serious and complicated problems 
with a law that substitutes the talking points of ``tough on crime'' 
politicians for the wisdom of judges, prosecutors, treatment 
professionals and child advocates. As a father and someone who has 
fought for better foster care, education, and health care for children, 
I object to this ill-conceived legislation that is as much an attack on 
our independent judiciary as it is a bill to protect kids.
  Many child advocates themselves oppose this bill because kids in 
grade school or junior high will be swept up alongside paroled adults 
in sex offender registries. Many caught in registries would be 13 and 
14 year olds. In some states, children 10 and under would be 
registered.
  This bill creates new mandatory minimum sentences, which impose the 
judgment of Congress over every case, regardless of the circumstances. 
The Judicial Conference of the United States and the U.S. Sentencing 
Commission have found that mandatory minimums actually have the 
opposite of their intended effect. They ``destroy honesty in sentencing 
by encouraging plea bargains.'' They treat dissimilar offenders in a 
similar manner, even though there are vast differences in the 
seriousness of their conduct and their danger to society. Judges serve 
a very important role in criminal justice, and Congress should not 
attempt to do their job for them.
  Finally, this bill expands the death penalty, which is not a 
deterrent, costs more to implement than life imprisonment, and runs the 
risk of executing the innocent.
  Nobody, especially the parents and victims of sexual abuse who have 
contacted me on this issue, should confuse my objections to this bad 
policy with indifference to the problem of child sex abuse in this 
country. It is a huge problem, affecting millions of American children. 
Recent news stories prove that the registry system isn't working well.
  I support aspects of this bill, including a strengthened nationwide 
registry for pedophiles, with strict requirements for reporting changes 
of address and punishments for failing to report. I support 
establishing treatment programs for sex offenders in prison, background 
checks for foster parents, funding for computer systems to track sex 
crimes involving the Internet, and, at last resort, procedures for 
committing sexually dangerous persons to secure treatment facilities.
  However, I cannot violate my Constitutional duty to protect our 
independent judiciary nor can I support extreme, dangerous policies, so 
I will vote against this bill. I hope that, working with the Senate, we 
can improve this legislation and implement the policies that everyone 
agrees are needed without the unintended consequences of the bill in 
its current form.
  Mr. WATT. Mr. Speaker, I submit the following items for inclusion in 
the Record regarding the House floor consideration of H.R. 4472 on 
March 8, 2006.
                                                    March 7, 2006.
       Dear Representative Conyers: On behalf of the Judicial 
     Conference of the United States, the policy-making body of 
     the federal judiciary, I am writing to convey its views 
     regarding the provisions contained in H.R. 4472, the 
     ``Children's Safety and Violent Crime Reduction Act of 
     2005.''
       We would like to emphasize that there are several ways in 
     which this bill will be helpful to the Judiciary, even though 
     there are some provisions about which we have concerns or 
     would wish to modify. In particular, we greatly appreciate 
     inclusion in this bill of important measures designed to 
     improve the security of our federal courts. Some of the 
     impetus for these court security provisions in the bill arose 
     from the tragic circumstances surrounding the murder of 
     family members of Judge Joan Lefkow of the United States 
     District Court for the Northern District of Illinois. Her 
     husband and mother were shot and killed by a disgruntled 
     litigant.
       The current bill contains several provisions that are of 
     particular interest to the federal courts and that are 
     supported by the Judicial Conference. One provision of the 
     bill requires the United States Marshals Service to consult 
     with the Administrative Office of the United States Courts 
     regarding the security requirements of the judicial branch. 
     While this is a positive amendment to current law, we believe 
     that the United States Marshals Service should be required to 
     ``coordinate'' with the judicial branch.
       The bill contains two other provisions that are supported 
     by the Judicial Conference including one that will help 
     protect judges from the malicious recording of fictitious 
     liens and another that extends to federal judges the 
     authority to carry firearms under regulations prescribed by 
     the Attorney General in consultation with the Judicial 
     Conference of the United States. The latter provision says 
     that, with respect to justices, judges, magistrate judges and 
     bankruptcy judges, such regulations ``may'' provide for the 
     training and regular certification in the use of firearms. 
     The Judicial Conference believes that the training and 
     certification requirement should be mandatory and that 
     ``shall'' should replace ``may.''
       While the bill addresses many important issues of interest 
     to the Conference, the bill also contains some provisions 
     about which we are concerned, which we briefly address below.
       The bill would amend the habeas corpus procedures set out 
     in 28 U.S.C. Sec. Sec. 2264 and 2254 to bar federal court 
     review of claims based upon an error in an applicant's 
     sentence or sentencing that a court determined to be harmless 
     or not prejudicial, that were not presented in state court, 
     or that were found by the state court to be procedurally 
     barred, ``unless a determination that the error is not 
     structural is contrary to clearly established federal law, as 
     determined by the Supreme Court.'' This section is similar to 
     a provision of the Streamlined Procedures Act (H.R. 3035 and 
     S. 1088, 109th Congress) that was opposed by the Judicial 
     Conference as described in a September 26, 2005 letter sent 
     to members of the House Judiciary Committee. The Conference 
     specifically opposed sections of the Streamlined Procedures 
     Act that would limit judicial review of procedurally 
     defaulted claims and harmless errors in federal habeas corpus 
     petitions filed by state prisoners. Those provisions had the 
     potential to:
       (1) Undermine the traditional role of the federal courts to 
     hear and decide the merits of claims arising under the 
     Constitution;
       (2) Impede the ability of the federal and state courts to 
     conduct an orderly review of constitutional claims, with 
     appropriate deference to state-court proceedings; and
       (3) Prevent the federal courts from reaching the merits of 
     habeas corpus petitions by adding procedural requirements 
     that may complicate the resolution of these cases and lead to 
     protracted litigation. . . .
       The habeas provision in this bill raises similar concerns 
     and is opposed by the Judicial Conference.
       Another section would make it a federal crime for a person 
     to knowingly fail to register as required under the Sex 
     Offender Registration and Notification Act if the person is 
     either a sex offender based upon a federal conviction or is a 
     sex offender based on a state conviction who thereafter 
     travels in interstate or foreign commerce, or enters or 
     leaves, or resides in, Indian country. Because the 
     requirement to register under that act would include 
     convictions in state courts, this has the potential to expand 
     federal jurisdiction over large numbers of persons whose 
     conduct would previously have been

[[Page 2984]]

     subject to supervision solely by the state courts. In 
     addition, as the bill requires the states to expand systems 
     for supervising all persons convicted of specified offenses, 
     the expansion of federal jurisdiction into this area risks 
     duplication of effort and conflicts between the federal and 
     state systems.
       The bill would amend 18 U.S.C. Sec. 5032 to allow a 
     juvenile who is prosecuted for one of the specified crimes of 
     violence or firearms offenses to ``be prosecuted and 
     convicted as an adult for any other offense which is properly 
     joined under the Federal Rules of Criminal Procedure, and 
     also [to] be convicted as an adult of any lesser included 
     offense.'' Given that joinder of offenses is liberally 
     allowed under the Rules, and that the bill further provides 
     that the determination of the Attorney General to proceed 
     against a juvenile as an adult is an exercise of unreviewable 
     prosecutorial discretion, this provision could result in the 
     federal prosecution of juveniles for myriad offenses if they 
     are also prosecuted for a felony crime of violence or a 
     firearms offense.
       The bill contains various provisions that expand the 
     application of mandatory minimum sentences. The Judicial 
     Conference opposes mandatory minimum sentencing provisions 
     because they undermine the sentencing guideline regime 
     Congress established under the Sentencing Reform Act of 1984 
     by preventing the systematic development of guidelines that 
     reduce unwarranted disparity and provide proportionality and 
     fairness in punishment. While we recognize the desire to 
     increase the security of persons associated with the justice 
     system, we believe that this can be accomplished without 
     resort to the creation of mandatory minimums.
       I appreciate having the opportunity to express the views of 
     the Judicial Conference on H.R. 4472, the ``Children's Safety 
     and Violent Crime Reduction Act of 2005.'' If you have any 
     questions regarding this legislation please contact Cordia 
     Strom, Assistant Director, Office of Legislative Affairs.
           Sincerely,

                                        Leonidas Ralph Mecham,

                                    Secretary, Judicial Conference
     of the United States.
                                  ____

                                                December 15, 2005.
       Dear Chairman Sensenbrenner and Representative Conyers: On 
     behalf of the National Juvenile Justice and Delinquency 
     Prevention (JJDP) Coalition, an alliance of nearly 100 
     organizations that work in a variety of arenas on behalf of 
     at-risk youth, we are writing at this time to express our 
     very deep concerns about recently introduced H.R. 4472. This 
     ``omnibus'' bill incorporates several separate bills; two of 
     these bills have been the focus of strong opposition by this 
     Coalition as being harmful and detrimental in many ways to 
     the best interests of youth.
       Specifically, the National JJDP Coalition objects to 
     provisions of Title I, Sex Offender Registration and 
     Notification Act, and Title VIII, Reduction and Prevention of 
     Gang Violence.


        Title I: Sex Offender Registration and Notification Act

       The National JJDP Coalition strongly believes that juvenile 
     offenders adjudicated delinquent of sex offenses should be 
     excluded from both the National Sex Offender Registry to be 
     maintained by the Attorney General and the state-level sex 
     offender registries required by H.R. 4472. While we 
     understand that certain Tier I juvenile sex offenders may not 
     be included on the internet or subject to all of the program 
     notification requirements, we believe that this potential 
     remedy does not do nearly enough to differentiate between 
     juvenile and adult sex offenders and simply cannot safeguard 
     juveniles in accordance with established principles of 
     confidentiality. Without the use of careful risk assessments 
     and judicial review for each juvenile sex offender, youth who 
     pose no future risk to public safety will have their own 
     safety jeopardized and their futures inevitably compromised 
     by their inclusion in the registry. We throw away these youth 
     at great cost to our own public safety and future interests.
       Critically, the increased penalties in Titles III and IV of 
     H.R. 4472 fail to acknowledge the research on adolescents, 
     generally, and adolescent sex offenders. In creating policy 
     around this issue, it is imperative that policymakers rely on 
     the vast scientific literature distinguishing the behavior of 
     juveniles and adults.
       Research has consistently shown that youth who act out 
     sexually differ significantly from adult sex offenders. 
     First, juvenile offenders who act out sexually do not tend to 
     eroticize aggression, nor are they aroused by child sex 
     stimuli as adult sex offenders are. Many young people who 
     exhibit sexual behavior have been sexually abused themselves 
     and/or exposed to pornography or other sex stimulation by 
     someone older. As a result of this abuse and victimization, 
     they need mental health services and support. Mental health 
     professionals regard this juvenile behavior as much less 
     dangerous. Indeed, when applying the American Psychiatric 
     Association diagnostic criteria for pedophilia (abusive 
     sexual uses of children) to the juvenile arrests included in 
     the National Incident Based Reporting System, only 8 percent 
     of these incidents would even be considered as evidence of a 
     pedophilia disorder.
       Furthermore, many of the juveniles who are included on sex 
     offender registries are done so for behavior that certainly 
     does not fit the profiles compelling such requirements. For 
     example, under the Idaho Code, two fifteen year olds engaged 
     in ``heavy petting'' would be guilty of a felony requiring 
     them to register on the state's sex offender list.
       Regarding recidivism, not only is the re-arrest rate for 
     youth charged with sexual crimes much lower than that for 
     adults, but the subsequent arrests of these youth are 
     primarily for non-sexual offenses. A 2000 study by the Texas 
     Youth Commission of 72 young offenders who were released from 
     state correctional facilities for sexual offenses (their 
     incarceration suggests that judges considered these youth as 
     posing a greater risk) found a re-arrest rate of 4.2% for a 
     sexual offense. A 1996 study found similarly low sex offense 
     recidivism rates in Baltimore (3.3-4.2%), San Francisco 
     (5.5%) and Lucas County, Ohio (3.2%).


         Title VIII: Reduction and Prevention of Gang Violence

       The juvenile transfer provisions of Title VIII would result 
     in the expanded ``transfer'' or ``waiver'' of youth to the 
     adult criminal system and/or placing an additional number of 
     youth in adult correctional facilities. Comprehensive 
     national research on the practice of prosecuting youth in the 
     adult system has conclusively shown that transferring youth 
     to the adult criminal justice system does nothing to reduce 
     crime and actually has the opposite effect. Study after study 
     has shown that youth transferred to the adult criminal 
     justice system are more likely to re-offend and to commit 
     more serious crimes upon release than youth who were charged 
     with similar offenses and had similar offense histories but 
     remained in the juvenile justice system.
       Moreover, national data shows that, in comparison to youth 
     held in juvenile facilities, young people incarcerated with 
     adults are: five times as likely to report being a victim of 
     rape; twice as likely to be beaten by staff; and 50% more 
     likely to be assaulted with a weapon.
       A recent Justice Department report also found that youth 
     confined in adult facilities are nearly 8 times more likely 
     to commit suicide than youth in juvenile facilities.
       Further, minority youth will be disproportionately affected 
     by this policy. Recent studies by the Department of Justice 
     have shown that more than 7 out of 10 youth admitted to state 
     prisons across the country were youth of color. Youth of 
     color sent to adult court are also over-represented in 
     charges filed, especially for drug offenses, and are more 
     likely to receive a sentence of incarceration than White 
     youth even when charged with the same types of offenses.
       Moreover, putting the transfer decision in the sole 
     discretion of a prosecutor, not a judge as the law currently 
     requires, violates the most basic principles of due process 
     and fairness.
       We urge you to strike the provisions we have described 
     herein from H.R. 4472 that would place youth on a National 
     Registry and would also expand the number of youth tried as 
     adults and remove judicial discretion from the transfer 
     decision. As advocates for at-risk youth, we are also strong 
     advocates of community safety. But these provisions will not 
     increase community or child safety, they will in fact have 
     the opposite effect. Extensive data and research-based 
     practice supports the positions of the National JJDP 
     Coalition on these issues. We urge you to utilize this 
     evidence in creating policy that will genuinely contribute to 
     enhanced community safety and lower recidivism as well as 
     assist and support system-involved youth in getting on the 
     path to productive adulthood.
       We appreciate your consideration of our concerns. If you 
     have any questions, please do not hesitate to contact Morna 
     Murray at the Children's Defense Fund at 202.662.3577, 
     [email protected] or Elizabeth Gladden Kehoe at 
     the National Juvenile Defender Center at 202.452.0010, x103, 
     [email protected].
           Sincerely,
     Morna A. Murray,
       Children's Defense Fund, Co-chair, National Juvenile 
     Justice & Delinquency Prevention Coalition;
     John Tuell,
       Child Welfare League of America, Co-chair, National 
     Juvenile Justice & Delinquency Prevention Coalition.

  Mr. CONYERS. Mr. Speaker, I submit the following items for inclusion 
in the Record regarding the House floor consideration of H.R. 4472 on 
March 8, 2006.
                                                February 23, 2006.
       In New Jersey, the Office of the Public Defender represents 
     all indigent persons entitled to a court hearing concerning 
     the Megan's Law tier classification and community 
     notification proposed for them by the State. Over the past 
     ten years the Office has

[[Page 2985]]

     served as counsel for 60% of persons challenging their tier 
     levels in New Jersey--nearly 3000 cases in a state where 
     approximately 5000 such cases have been adjudicated.
       Based upon our long and extensive experience with New 
     Jersey's system of notification and its registrants, as well 
     as our contact with renowned experts in the field of sex 
     offender recidivism, we believe we have a unique perspective 
     to provide the House with comments concerning H.R. 4472 (the 
     Children's Safety and Violent Crime Reduction Act of 2005), 
     currently pending a vote on the House floor.
       Our comments focus on four aspects of the current bill. 
     First, unlike the Senate bill on the same topic (S. 1086) the 
     House bill will have a significantly negative impact on many 
     juveniles, subjecting them to notification in their 
     neighborhoods and via the Internet for possibly 20 years. 
     This would inflict undue hardship which, given the low risk 
     of re-offense juvenile sex offenders pose to the public and 
     their strong amenability to treatment, is often not justified 
     by a public safety need.
       Second, the notification required by H.R. 4472 will apply 
     to thousands of persons in each state, requiring notice to 
     registrants' neighborhoods and around their work and school, 
     and via the Internet. The proposed notification would include 
     home addresses and places of employment. Neighborhood 
     notification is currently reserved only for New Jersey's 
     approximately 160 high risk offenders, but as proposed under 
     H.R. 4472 would apply to thousands of registrants. Based on 
     our firsthand experience this form of notification will 
     predictably lead to large numbers of offenders becoming 
     homeless and unemployed.
       Because this form of notification will undermine the 
     ability of many registrants to maintain stable housing, 
     steady employment and ongoing treatment, it will have a 
     marked impact on registrants' risk levels and opportunities 
     to remain offense free, and thus will negatively affect 
     public safety.
       Third, by impacting on registrants' abilities to provide 
     for their most basic needs, H.R. 4472 will severely impede 
     the implementation of sex offender monitoring programs like 
     New Jersey's Community Supervision for Life and Parole for 
     Life programs, which are designed to prevent future 
     reoffending by registrants. See N.J.S.A. 2C:43-6.3. As 
     discussed below, due to the form of neighborhood notification 
     proposed by H.R. 4472 parole officers will be unable to keep 
     registrants in jobs, maintain their stable home environments 
     and continue registrants' treatments as those monitoring 
     programs require. In this way, H.R. 4472 will frustrate New 
     Jersey's longstanding efforts to monitor sex offenders and 
     will compromise, not further, community safety.
       Fourth,the bill subjects all registrants, including many 
     juveniles, to the identical form of Internet and community 
     based notification, without an individualized risk 
     assessment, despite vast differences among offenders' risk-
     of-re-offense levels. By treating persons with vastly 
     different risk levels identically, H.R. 4472 creates the 
     misimpression that all offenders pose the same risk. Thus, 
     the bill dilutes the value of notification and diverts 
     attention from those posing the greatest risk.
       1. H.R. Will Inflict Undue Hardship on Juvenile Offenders 
     Without a Corresponding Benefit to Public Safety.
       Sections 111 and 122 of the bill would provide a limited 
     exception from public notification for juveniles. However, 
     the bill would require juvenile offenders deemed a tier II to 
     be subject to 20 years of public notification to communities 
     and via the Internet. Sec. 111 (6). Some young juveniles may 
     even unfairly be deemed a tier III since the victim involved 
     would likely be less than 13 years of age. See Sec. 111 (7). 
     These tier determinations and the resulting public 
     notification would occur without any individualized 
     assessment of whether the juveniles involved posed anything 
     more than a low risk of re-offense.
       Five decades of follow-up studies demonstrate that the vast 
     majority of juveniles will remain free of sex offense 
     recidivism. It is consistently found that sex offense 
     recidivism rates among juveniles are among the lowest of all 
     such offenders--less than 8% in most treatment follow-up 
     studies.
       Moreover, studies demonstrate that the motivation and 
     manifestation of sexually inappropriate behaviors of 
     juveniles are very different than those of adult offenders. 
     And, children with sexual behavior problems generally respond 
     well to treatment interventions. If the proposed bill becomes 
     law, however, it will mean that children will be stigmatized 
     for life on the basis of their childhood behavior. Despite 
     the questionable public safety benefits of community 
     notification with juveniles, it is likely to stigmatize them 
     fostering peer rejection, isolation, and increased anger. 
     This impact can prevent juvenile offenders from realizing the 
     benefits of effective treatments. The proposed notification 
     and the ensuing stigma will also result in such persons being 
     denied fair opportunities for employment, education, and 
     housing despite the low risk of recidivism they typically 
     pose. Accordingly, the bill will violate the long tradition 
     in our country of recognizing that most youth who break the 
     law during childhood can and will mature out of this behavior 
     with appropriate guidance and treatment.
       Thus, the bill would inflict undue hardship on juveniles, 
     impacting their entire lives, and is not justified by a 
     public safety need. Rather than resort to such a 
     counterproductive approach, as the above cited experts 
     recommend, treatment and supervision should be emphasized for 
     this group of offenders.
       2. The Notification Scheme In H.R. 4472 Will Deprive Many 
     Registrants, Including Those Who Are a Low or Moderate Risk, 
     Of The Basic Means To Live Productively In Society With the 
     Unintended Consequence of Increasing Their Risk Of Re-
     Offense.
       H.R. 4472 provides that in most cases the same public 
     notification would be provided to registrant's neighborhoods 
     and in the vicinity where they work and attend school, 
     regardless of their danger to the public. Sec. 122(b),(c). In 
     addition, without determining the actual risk a registrant 
     poses, that notification will include both a registrant's 
     home address and the address of his employer. Sec. 
     114(a)(3),(4). Moreover, the bill applies retroactively to 
     all applicable offenses.
       As set forth above, notification to a registrant's 
     immediate neighbors is currently reserved for roughly 160 
     high risk registrants in New Jersey. Due to the impact on an 
     offender's life that the notice will have, this small number 
     of registrants is designated ``high risk'' only after an 
     assessment and court hearing (if requested), showing that the 
     registrant's risk justifies neighborhood notification. Our 
     experience demonstrates that notification (whether via the 
     Internet or provided in a registrant's neighborhood) 
     containing an employer's name and address will frequently 
     result in the registrant's termination. This is due to 
     customers refusing to frequent the business, and neighbors 
     subjecting the employer to enormous pressure to fire the 
     offender.
       Likewise, New Jersey registrants subject to neighborhood 
     notification providing their home addresses are often 
     uprooted from their homes, and eventually become homeless. 
     Typically this is due to landlords being pressured by 
     surrounding homeowners to evict the registrant. And in cases 
     where registrants own their home, significant threats and 
     vandalism have occurred to drive the offender away. In one 
     New Jersey case, following notification five bullets were 
     fired through the front window of a registrant's apartment by 
     a neighbor, nearly wounding an innocent tenant. Thus, under 
     H.R. 4472 it is predictable that substantial numbers of 
     registrants will become homeless.
       Registrants pose a much higher risk of re-offense when they 
     have no job or stable housing. This is agreed upon by studies 
     in the field of sex offender recidivism, New Jersey's own 
     actuarial scale for determining registrant risk, as well as 
     our experience working with registrants over the past ten 
     years. Therefore, the unintended consequence of providing 
     many registrants' home addresses and places of employment as 
     required by H.R. 4472 will be that substantial numbers will 
     have their re-offense risk increased.
       Furthermore, homeless and jobless registrants are, of 
     course, unable to pay for sex offender and substance abuse 
     treatment which have been proven to markedly reduce offense 
     risk. Also, we have witnessed how the desperation caused by 
     this homeless and jobless state has led our clients to suffer 
     severe stress, and relapse into substance abuse, and other 
     high risk behaviors for recidivism. Thus, the notification 
     proposed by H.R. 4472 to registrants' neighborhoods listing 
     their place of employment may trigger a new offense, by 
     removing the supportive components of a person's 
     rehabilitation. See R. Karl Hanson & Andrew Harris, Solicitor 
     General of Canada, Dynamic Predictors of Sexual Recidivism 
     (1998) at 2 (``recidivists showed increased anger and 
     subjective distress just prior to offending''); ATSA, The 
     Registration and Community Notification of the Adult Sexual 
     Offender at 3 (2005) (notification will ``ostracize[]'' sex 
     offenders and ``may inadvertently increase their danger.'')
       Finally, H.R. 4472 would require notification to be 
     distributed to neighborhoods in cases involving an intra-
     familial offense. As this notification will result in 
     victims' identities being disclosed to neighbors, the 
     practice will act as a significant deterrent to having 
     victims of familial offenses report them to police. Sec. 111 
     (6), (7). Thus, public notification in cases involving a 
     single intra-familial offense should be eliminated from the 
     bill.
       Given the predictable consequences of the notification 
     proposed in H.R. 4472, we submit that notice to a 
     registrant's neighborhood or around his place of employment 
     which includes his home address, and any notification 
     including his place of work, should occur only for high risk 
     offenders, and only after an individualized risk assessment. 
     Otherwise, H.R. 4472 will run the danger of destabilizing 
     large numbers of registrants by having them lose the jobs and 
     housing essential to maintaining offense-free lives. As 
     mentioned, the notice proposed by the bill will also 
     discourage victims of intra-familial offenses from contacting 
     law enforcement.
       3. The Notification Proposed in H.R. 4472 Will Undermine 
     the Ability of States Like

[[Page 2986]]

     New Jersey to Implement Parole for Life Programs Which 
     Require Law Enforcement Officers to Monitor Registrants, and 
     Require Registrants to Maintain Jobs, Housing and Treatment 
     to Reduce their Risk of Re-Offense.
       Since 1994, every adult registrant in New Jersey who 
     committed a sex offense has been placed on a form of close 
     monitoring known as community or parole supervision for life. 
     See N.J.S.A. 2C:43-6.4. The purpose of the program is to 
     locate and monitor adult registrants, potentially for life, 
     ``as if on parole.'' Id. Applicable State regulations provide 
     that the registrant must maintain stable housing and a job, 
     avoid drug or alcohol use (as monitored by urine testing), 
     occasionally submit to random visits by their parole officer 
     at home, attend sex offender and/or substance abuse 
     treatment, as well as other requirements.
       The success of this eleven-year-old program depends upon a 
     parole officer being able to locate the lifetime parolee in 
     their home, do random drug and alcohol testing, check for 
     other signs' of instability or loss of employment, and thus 
     prevent the precursors to re-offending. However, the 
     notification provisions of H.R. 4472 will lead to large 
     numbers of offenders becoming homeless and will result in 
     parole officers being unable to locate registrants and 
     provide them with the close supervision needed to reduce 
     recidivism rates. Thus, the State's efforts to assist 
     registrants in keeping stable housing or a job, basic 
     requirements of parole, will be frustrated.
       When we explained to a New Jersey parole officer that the 
     proposed legislation will put the addresses of many sex 
     offenders' employers on the Internet, and be provided to 
     offenders' neighbors or to persons living around their 
     employers, she stated that her parolees would ``spiral 
     downward,'' and that they ``wouldn't care'' about trying to 
     keep from re-offending. She stated, ``Our job would be so 
     difficult . . . it's hard enough for them to get jobs.'' She 
     expressed the view that a significant number might re-offend 
     because, ``A lot of these things are due to high stress 
     rates.'' Finally, she expressed concern that most of them 
     would end up ``in homeless shelters'' where there is an 
     ``increased risk of disappearance or committing a new offense 
     of some kind''--either a non-sexual criminal offense or 
     possibly a sexual offense.
       In addition to Community and Parole Supervision for Life, 
     New Jersey also assigns special probation officers to 
     exclusively monitor sex offenders while on parole (prior to 
     implementation of their special sentence of community or 
     parole supervision for life) so they can concentrate on the 
     particular needs this population presents, and provide the 
     type of close supervision they require. (Notably, we have 
     observed that other states appear to be putting more and more 
     sex offenders on probation for life and similarly long 
     sentences, even for very minor offenses--so it is likely that 
     this legislation will strongly affect those states as well.)
       When we explained the notification requirements of the bill 
     to a special probation officer he replied that, ``You'll end 
     up having many, many people re-offending--what else could 
     they do?'' When asked if he thought these provisions would 
     cause many registrants to lose their jobs, he 4 replied, 
     ``Absolutely. I can't imagine anyone would want them.'' He 
     explained that without ``work, housing, and normal 
     responsibilities'' the registrants would have ``no self 
     esteem.'' He said that they ``would not listen to me,'' and 
     would likely ``go out and assault someone else.''
       Thus, there is serious concern that the basic purpose of 
     the registration provisions of Megan's law (which is to 
     enable law enforcement to locate registrants in the course of 
     investigating new offenses, monitor registrants, and explore 
     allegations of misconduct by such registrants), will be 
     substantially undermined by the notification provision of 
     H.R. 4472.
       Over the past dozen years, New Jersey and other states have 
     acted as laboratories for experimentation with sex offender 
     registration and supervision programs. During this period, 
     many states have established effective measures to combat 
     recidivism. We recommend that these states should be 
     consulted closely on H.R. 4472 and given a chance to comment 
     or give testimony about the wisdom of the bill and how it may 
     impact existing, effective law enforcement programs.
       4. All Registrants Should Not be Subject to the Same Form 
     of Notification. Rather, the Bill Should Require a Risk 
     Assessment and A Tiered Approach to Community Notification 
     Tied to Risk Level.
       Pursuant to Section 122 of the bill, all ``sex offenders,'' 
     regardless of their tier determination, are subject to 
     identical public notification to neighborhoods and via the 
     Internet. See Sec. 122.(b) (making the only potential 
     exception a Tier I, sex offender whose offense was a juvenile 
     adjudication). It has been our experience that, even if a 
     registrant's tier level is included in the notice, this 
     approach will create the misimpression that all offenders 
     pose the same risk. Thus, it will dilute the effectiveness of 
     notification by focusing the public's attention on the 
     offenders truly posing a significant risk of recidivism. This 
     can be avoided, as occurs in New Jersey and other states, by 
     providing notice to neighborhoods (as opposed to Internet 
     notification) only in cases of significant risk. This 
     determination can be made by using available risk assessment 
     tools that validity and economically demonstrate risk level.
       Formal studies conducted at the behest of or relied upon by 
     both the federal government and the states confirm that sex 
     offender re-offense rates vary greatly among different 
     categories of offenders. See CSOM, Myths and Facts About Sex 
     Offenders, at 2 (August 2000) (citing various studies 
     regarding recidivism rates and noting: ``Persons who commit 
     sex offenses are not a homogeneous group, but instead fall 
     into several different categories. As a result, research has 
     identified significant differences in re-offense patterns 
     from one category to another.'') For instance, studies and 
     experts conclude that incest offenders present a very low 
     risk of re-offense. See CSOM, Recidivism of Sex Offenders 
     (May 2001) (citing study which found a 4% rate of recidivism 
     for incest offenders). Other studies have determined that 
     effective treatment substantially reduces recidivism levels. 
     Id. at 12-14 (citing studies demonstrating 7.2% recidivism 
     rate with relapse prevention treatment vs. 13.2% of all 
     treated offenders vs. 17.6% for untreated offenders); Ten 
     Year Recidivism Follow-up of 1989 Sex Offender Releases, 
     State of Ohio Dept. of Rehabilitation and Correction (April 
     2001) (sex-related recidivism after basic sex offender 
     programming was 7.1 % as compared to 16.5% without 
     programming).
       Further studies cited by CSOM and ATSA recognize the 
     positive impact that steady employment, stable housing, 
     ongoing treatment and avoiding isolation play in reducing 
     recidivism levels. See CSOM, Recidivism of Sex Offenders, 
     supra.; ATSA, Ten Things You Should Know About Sex Offenders 
     and Treatment, supra. Thus, while there is an array of well-
     recognized factors impacting significantly on a registrant's 
     risk to the public, H.R. 4472 fails to consider any, and 
     instead would compel participating states to label 
     registrants based solely on their offense. It would also 
     require the identical type of notification for the 
     overwhelming majority of offenders. This system will unwisely 
     overload the public with thousands of offenders' names and 
     pictures and prevent the public from making informed 
     decisions about which truly pose a significant risk. See In 
     re Registrant E.I., 300 N.J. Super. 519, 526 (App. Div. 1997) 
     (noting that a ``mechanical'' application of a notification 
     law will ``impede [its] beneficial purpose''); E.B. v. 
     Verniero, 119 F.3d 1077, 1107-08 (3d. Cir. 1997) (holding 
     that a state does not have ``any interest in notifying those 
     who will come in contact with a registrant who has 
     erroneously been identified as a moderate or high risk.'')
       For example, under H.R. 4472 a person convicted of criminal 
     sexual contact in New Jersey (N.J.S.A. 2C: 14-3) for touching 
     a juvenile over clothing on the buttocks on one occasion, 
     years ago, with no history of any prior offense and with a 
     successful record of treatment, must be labeled a tier II sex 
     offender. This registrant, along with many others of a 
     similar ilk, would be made subject to notification in his 
     neighborhood and via the Internet with other offenders whose 
     conviction and psychological profile made them much greater 
     risk. (For example, an offender convicted of aggravated 
     sexual assault who received no treatment and had recently 
     been discharged from prison.) Multiply this example by 
     thousands of cases, and it becomes apparent that the public's 
     safety requires a time-tested notification system, like New 
     Jersey's, which includes a risk determination and sends a 
     clear message, through the type of notification provided, 
     which registrants most require the public's attention. The 
     ``one size fits all'' approach adopted in H.R. 4472 is 
     counterproductive and misinforms the public of the relative 
     danger posed by registrants. For these very reasons, 
     professional groups such as ATSA have called for a risk based 
     approach to community notification which provides the most 
     substantial form of notification for those posing the 
     greatest risk. ATSA, The Registration and Community 
     Notification of Adult Sex Offenders, supra.
       In New Jersey, a registrant's risk level is determined 
     using the State's Risk Assessment Scale (``RAS''). The RAS is 
     a matrix of thirteen static and variable risk factors which 
     are weighted according to their relative predictive value. 
     The thirteen factors in the RAS are evaluated and assigned a 
     point score by a prosecutor. The combined point total from 
     the RAS factors determines the registrant's tier 
     classification, placing him in either the low, moderate or 
     high risk levels. With information from the registrant's 
     criminal history and registration data an attorney or 
     paralegal familiar with the RAS can calculate a registrant's 
     point total and resulting tier classification in just a few 
     minutes.
       In New Jersey, the hearings that determine the final risk 
     assessment are held within a short time after the RAS 
     determination has been made, and the registrant is ordinarily 
     given approximately 45 days to prepare his case, although 
     some matters are decided in even a shorter term if there is 
     no

[[Page 2987]]

     disagreement. The hearings uncover information that may not 
     be available to the prosecutor, such as whether the 
     registrant is in a supervised placement such as a half-way 
     house, treatment facility or nursing home, which is desirable 
     for the supervision it provides. As set forth above, this 
     influences the degree of notice that is distributed since it 
     affects the registrant's risk and may avoid excessive 
     notification that would require the facility to evict the 
     client, depriving him of needed supervision, and increasing 
     his risk to the community.
       The hearings also reveal the history of the registrant 
     since the offense, and how many years he has been at liberty 
     since it occurred which may be as long as 20 or 25 years ago, 
     in some cases. His record of rehabilitation, achievement in 
     sex offender specific therapy and substance abuse recovery, 
     cooperation with probation and/or parole programs, and other 
     information are also considered. Significantly, the system as 
     a whole tends to encourage registrants to continue their 
     rehabilitation when the court fairly considers the efforts of 
     the individual to rehabilitate, and his years of successful 
     adjustment to the community without further offense.
       Other factors regarding risk that may be considered include 
     whether the registrant is very ill, elderly and infirm, or 
     wheelchair bound, so as to pose only a low risk for re-
     offense to the community.
       In summary, studies in the field and our experience over 
     the past ten years has shown that sex offenders are a highly 
     heterogeneous group, and that this diversity includes 
     offenders who present little risk of re-offense. Inundating 
     the public with the same form of notification which includes 
     many low risk offenders will only frustrate the remedial 
     goals that notification is designed to serve. Such over-broad 
     notification is especially egregious when one considers that, 
     as discussed above, it impacts substantially upon the ability 
     of an offender to work, find or remain in their housing, 
     continue in treatment and to live offense-free in the 
     community.
       We therefore recommend that H.R. 4472 be amended to permit 
     states, (like New Jersey, Massachusetts and New York), to 
     participate in the federal program yet maintain systems which 
     allow for accurate determinations of the true risk of 
     recidivism for registrants and provide forms of notification 
     which are commensurate with that risk. This will allow the 
     public to easily differentiate between offender risk levels. 
     Moreover, it will permit states to meaningfully implement 
     parole for life programs for sex offenders and to monitor 
     them under the regulations provided by those statutes so that 
     they can maintain the stable housing, jobs and treatment 
     needed to continue to pose as low a risk of re-offense as 
     possible.
           Respectfully submitted,
     Michael Z. Buncher,
       Deputy Public Defender, State of New Jersey, Office of the 
     Public Defender.

  Mr. SCOTT of Virginia. Mr. Speaker, I submit the following items for 
inclusion in the Record regarding the House floor consideration of H.R. 
4472 on March 8, 2006.

Oppose H.R. 4472, the Children's Safety and Violent Crime Reduction Act 
                                of 2005

       Dear Representative: On behalf of the American Civil 
     Liberties Union, a non-partisan organization with hundreds of 
     thousands of activists and members and 53 affiliates nation-
     wide, we write to express our opposition to H.R. 4472, the 
     Children's Safety and Violent Crime Reduction Act of 2005 
     (``Omnibus Crime''). H.R.4472 would create ten new federal 
     death penalties and almost 30 new discriminatory mandatory 
     minimums that infringe upon protected First Amendment speech, 
     effectively eliminate federal and state prisoners' ability to 
     challenge wrongful convictions in federal court, make it more 
     difficult to monitor sex offenders and create more serious 
     juvenile offenders by incarcerating children in adult 
     prisons. H.R. 4472 is scheduled for a vote on the House floor 
     on Wednesday, March 8, 2006; we strongly urge you to oppose 
     this legislation.


 Congress Should Not Expand The Federal Death Penalty Until It Ensures 
                  Innocent People Are Not On Death Row

       The death penalty is in need of reform, not expansion. 
     According to the Death Penalty Information Center, 123 
     prisoners on death row have now been exonerated. Chronic 
     problems, including inadequate defense counsel and racial 
     disparities, plague the death penalty system in the United 
     States. The expansion of the death penalty for gang and other 
     crimes creates an opportunity for more arbitrary application 
     of the death penalty.
       In addition to expanding the number of federal death 
     penalty crimes, this bill also expands venue in capital 
     cases, making any location even tangentially related to the 
     crime a possible site for the trial. This raises 
     constitutional as well as public policy concerns. The U.S. 
     Constitution states that ``the Trial of all Crimes . . . 
     shall be by Jury; and shall be held in the State where the 
     said Crimes shall have been committed.'' This concept is 
     important in order to prevent undue hardship and partiality 
     when an accused person is prosecuted in a place that has no 
     significant connection to the offense with which he is 
     charged. This proposed change in H.R. 4472 would increase the 
     inequities that already exist in the federal death penalty 
     system, giving prosecutors tremendous discretion to ``forum 
     shop'' for the most death-friendly jurisdiction in which to 
     try their case.
       In carjacking cases, this legislation would effectively 
     relieve the government from having to prove that a person 
     intended to cause the death of a person before being subject 
     to the death penalty. This provision is likely 
     unconstitutional in the context of capital cases. In 
     addition, the bill would allow the death penalty for attempt 
     and conspiracy in carjacking cases, which we believe is 
     unconstitutional.


  H.R. 4472 Erodes Federal Judges' Sentencing Discretion by Proposing 
                  Harsher Mandatory Minimum Sentences

       This legislation would create 29 new mandatory minimum 
     sentences that would result in unfair and discriminatory 
     prison terms. Many of the criminal penalties in this bill are 
     increased to mandatory minimum sentences, including the 
     sentence for second-degree murder that would be a mandatory 
     sentence of 30 years. Although, in theory, mandatory minimums 
     were created to address disparate sentences that resulted 
     from indeterminate sentencing systems, in reality they shift 
     discretion from the judge to the prosecutor. Prosecutors hold 
     all the power over whether a defendant gets a plea bargain in 
     order for that defendant to avoid the mandatory sentence. 
     This creates unfair and inequitable sentences for people who 
     commit similar crimes, thus contributing to the very problem 
     mandatory minimums were created to address.


  people could be convicted of a ``gang'' crime even if they are not 
                           members of a gang

       This legislation would impose severe penalties for a 
     collective group of three or more people who commit ``gang'' 
     crimes. This bill amends the already broad definition of 
     ``criminal street gang'' to an even more ambiguous standard 
     of a formal or informal group or association of three (3) or 
     more people who commit two (2) or more ``gang'' crimes. The 
     number of people required to form a gang decreases from five 
     (5) people in an ongoing group under current law to three (3) 
     people who could just be associates or casual acquaintances 
     under this proposed legislation. Under current law it is 
     essential to establish that a gang had committed a 
     ``continuing series of offenses.'' By eliminating this 
     requirement, H.R. 4472 defeats the purpose of a gang law, 
     i.e. to target criminal activity that has some type of 
     connection to a tight knit group of people that exists for 
     the purpose of engaging in illegal activities.


         H.R. 4472 Jeopardizes a Person's Right to a Fair Trial

       Innocent people could be convicted of crimes they did not 
     commit if the statute of limitations is extended as proposed 
     in this legislation. The Omnibus Crime bill proposes to 
     extend the statute of limitations for non-capital crimes of 
     violence. Generally, the statute of limitations for non-
     capital federal crimes is five (5) years after the offense is 
     committed. Fifteen years after a crime is committed, alibi 
     witnesses could have disappeared or died, other witnesses' 
     memories could have faded and evidence may be unreliable. The 
     use of questionable evidence could affect a person's ability 
     to defend him or herself against charges and to receive a 
     fair trial.
       This legislation would also preclude defense attorneys in 
     child pornography cases from obtaining possession of the 
     alleged child pornography, possibly depriving the defendant 
     of a fair trial. This provision is entirely unnecessary, 
     since federal courts routinely issue extremely restrictive 
     protective orders regarding alleged child pornography. These 
     protective orders preclude duplication or review of the 
     alleged child pornography except as necessary for the 
     preparation of the defense. Giving the government sole 
     possession of the material may well harm the defendant's 
     case. Forensic analysis is often critical in determining 
     whether the material is, in fact, child pornography.


  Title VI Infringes Upon Constitutionally Protected Speech Under the 
                            First Amendment

       The legislation would require record keeping for simulated 
     sexual conduct. Simulated sexual conduct that is not obscene 
     is protected under the First Amendment. ``Laws that burden 
     material protected by the First Amendment must be approached 
     from a skeptical point of view and must be given strict 
     scrutiny.'' The fact that those laws only burden rather than 
     prohibit protected material does not save them 
     constitutionally.
       This provision of the bill infringes upon protected speech 
     and is not narrowly tailored to solve the problems of child 
     pornography. Understandably, mainstream producers will comply 
     with the law, but those who are intent on making child 
     pornography are unlikely to do so. This provision is 
     therefore constitutionally suspect.

[[Page 2988]]




 Federal Courts Would Essentially Be Unable To Release Some People on 
                Death Row Who Were Wrongfully Convicted

       Most habeas corpus petitions that challenge a person's 
     death or criminal sentence are brought to federal court based 
     on a constitutional error that under the law is considered 
     ``harmless'' or ``non-prejudicial.'' These types of legal 
     errors do not involve substantial rights and do not 
     necessarily result in a person being released from custody. 
     H.R. 4472 would prevent federal courts from hearing claims in 
     death penalty cases that involve claims of cruel and unusual 
     punishment under the Eighth Amendment or whether a 
     defendant's lawyer was ineffective during the sentencing 
     phase of a capital case.
       This provision of the bill has serious implications for the 
     independence of the federal judiciary. Congress' attempt to 
     strip Article III courts of their constitutional habeas 
     corpus jurisdiction is unconstitutional under the doctrine of 
     Separation of Powers. Removing jurisdiction over many habeas 
     claims from Federal courts ignores the Separation of Powers 
     doctrine by eliminating the role of the courts in upholding 
     constitutional rights of prisoners.


    H.R. 4472 Would Result in the Routine Collection and Permanent 
       Retention of DNA Samples and Profiles From Innocent People

       The ``Violence Against Women Act of 2005'' (VAWA) was 
     signed into law on January 5, 2006, (P.L. No: 109-162) and 
     dramatically expands the government's authority to collect 
     and permanently retain DNA samples. Under this law, persons 
     who are merely arrested or detained by federal authorities 
     would be forced to have their DNA collected and stored 
     alongside those of convicted felons in the Federal DNA 
     database. However, under current law, DNA samples that are 
     voluntarily submitted to law enforcement authorities are not 
     included in the Combined DNA Indexing System (CODIS). In 
     addition, DNA profiles of individuals arrested but not 
     convicted of crimes can be expunged from CODIS upon receipt 
     of a ``certified copy of a final court order establishing 
     that such charge has been dismissed or has resulted in an 
     acquittal.''
       However, H.R. 4472 would permit voluntarily submitted 
     samples to be included in CODIS and would eliminate the 
     expungement provision for people whose DNA was incorporated 
     in the federal database based on an arrest that never 
     resulted in a conviction. Retaining a person's DNA in a 
     criminal database renders him or her an automatic suspect for 
     any future crime. This is problematic for any category of 
     tested persons, but especially for those who have been 
     arrested but not convicted of a crime.
       In addition, the Omnibus Crime bill would allow states to 
     upload to CODIS DNA samples submitted voluntarily in order to 
     eliminate people as suspects of a crime. This will increase 
     the use by law enforcement of DNA ``sweeps'' and reducing the 
     willingness of citizens to cooperate with the police.


   H.R. 4472 Will Make It More Difficult To Monitor Sex Offenders by 
                  Simply Forcing Offenders Underground

       The proposed legislation requires sex offenders to update 
     registry information within 5 days of a change in residence, 
     employment or student status. This requirement is unrealistic 
     and works against the goal of being able to monitor sex 
     offenders. If the registration requirements are unrealistic, 
     offenders will fail to register and end up underground, which 
     is contrary to the goal of tracking and locating them. Under 
     the Omnibus Crime bill, states will be required to verify sex 
     offender registry information in persons possibly as 
     frequently as once every three months and required to verify 
     their residences as often as once every month depending on 
     the class of offender. This will be an enormous burden on the 
     states to create and implement systems to track sex offenders 
     on a monthly basis.
       The bill will also require the work addresses of sex 
     offenders to be available on the Internet. Publicizing 
     information about employers and their addresses on the 
     Internet could ultimately lead to employers refusing to hire 
     former sex offenders. Research has shown that significant 
     supervision upon release and involvement in productive 
     activities are critical to preventing sex offenders from 
     reoffending. Limiting the opportunities of sex offenders to 
     maintain gainful employment is counter-productive to their 
     rehabilitation as well as to keeping communities safe.


  Children Would Be Put in Federal Prison With Little Opportunity for 
                      Education or Rehabilitation

       Under the Omnibus Crime bill, more children will become 
     hardened criminals after being tried in Federal court and 
     incarcerated in adult prisons. H.R. 4472 would give 
     prosecutors the discretion to determine when to try a young 
     person in Federal court as an adult, if the juvenile is 16 
     years of age or older and commits a crime of violence. The 
     decision by a prosecutor to try a juvenile as an adult cannot 
     be reviewed by a judge under this legislation. This 
     unreviewable process of transferring youth to adult Federal 
     court is particularly troubling when juveniles are not 
     routinely prosecuted in the Federal system and there are no 
     resources or facilities to address the needs of youth.
       For the above-mentioned reasons, we urge members to oppose 
     H.R. 4472 when the House votes on the bill on March 8, 2006.
           Sincerely,
     Caroline Fredrickson,
       Director,
     Jesselyn McCurdy,
       Legislative Counsel
                                  ____


                       Human Rights Watch Letter

       Dear Members of the House of Representatives: We write to 
     urge you to vote against the Omnibus Crime Bill, H.R. 4472, 
     which is scheduled for a vote on Wednesday, March 8, 2006. 
     This legislation would at the whim of the Attorney General 
     subject children to adult trials and adult penalties, impose 
     a wide array of new, harsh mandatory minimum sentences, and 
     mandate prolonged registration for former sex offenders, even 
     if they have remained offense-free for decades after being 
     released from prison.
       The following provisions of the bill are of particular 
     concern:
       Juvenile Transfer Provisions: Under this legislation, the 
     Attorney General could make unreviewable and unilateral 
     decisions to subject children to adult trials and adult 
     sentences. Under current law, children can generally only be 
     tried and sentenced as adults after a transfer hearing, where 
     a court considers the age and background of the child and 
     determines whether a transfer serves the interest of justice. 
     Under H.R. 4472, these teenagers would be subject to adult 
     sentences, including life without parole, regardless of their 
     vulnerability and capacity for reform.
       More than 20 years of experience across the nation has 
     revealed that subjecting children to adult sentences is an 
     ineffective, unjust, and costly means of combating crime. 
     Certainly, children can and do commit terrible crimes, and 
     when they do, they should be held accountable. Yet, they 
     should be held accountable in a manner that reflects their 
     special capacity for rehabilitation. There is no legitimate 
     basis for granting the Attorney General the unchecked 
     authority to subject an increased number of children to adult 
     sanctions.
       Mandatory Minimums: The legislation would impose harsh, new 
     mandatory minimums for a wide array of crimes, including 
     crimes of conspiracy, aiding, and abetting. Punishment should 
     be tailored to the conduct of the individual, including his 
     or her role in the offense and his culpability. Blanket 
     mandatory minimums tied to one or two factors do little to 
     protect community safety at high cost to the criminal justice 
     system. This legislation incorporates three bills that have 
     already passed the House, H.R. 1279 (``Gang Deterrence Act of 
     2005''), H.R. 3132 (``Children's Safety Act of 2005''), and 
     H.R. 1751 (``Secure Access to Justice and Court Protection 
     Act of 2005''), with some modifications. It does not include 
     the hate crime enhancement and gun prohibition provisions 
     that passed as part of H.R. 3132.
       If anything, Congress should be looking for ways to 
     eliminate mandatory minimums and restore judicial discretion, 
     proportionality, and fairness in sentencing.
       Expansion of the Federal Death Penalty: The legislation 
     greatly expands the number of federal crimes that carry the 
     death penalty. This expansion of the death penalty is at odds 
     with the growing recognition that the criminal justice system 
     is fallible, arbitrary and unfair, and does not deter crime. 
     There is no legitimate basis for expansion of this inherently 
     cruel and immutable punishment.
       Registration Requirements for Low-Level Offenders: There 
     may be legitimate community safety rationales for requiring, 
     for a limited period of time, certain sexual offenders to 
     register. There is, however, no legitimate community safety 
     justification for the provisions in this legislation that 
     require offenders to register for the rest of their lives, 
     regardless of whether they have lived offense free for 
     decades. There is also no legitimate community safety goal 
     served by the provisions that impose 20-year registration 
     requirements on low-level or misdemeanor offenders. These 
     registration requirements are imposed on individuals who have 
     already served their sentences and are attempting to 
     reintegrate into the community. Registration requirements put 
     these individuals at risk of retaliation and discrimination 
     and make it extremely difficult for these individuals to find 
     employment, housing, and to rebuild their lives.
       Human Rights Watch fully supports holding accountable those 
     who violate the rights of others. But commission of a crime, 
     even a crime that involves sexual misconduct, should not be 
     license to run roughshod over principles of fairness and 
     proportionality. Human Rights Watch urges you to vote against 
     H.R. 4472.
           Respectfully submitted,
                                                  Jennifer Daskal,
                                  Advocacy Director, U.S. Program.

  Mr. DREIER. Mr. Speaker, I rise in strong support of H.R. 4472, the 
Children's Safety and Violent Crime Reduction Act. This bill combines 
three measures, previously approved by the House with strong bipartisan 
support, which seek to protect our children,

[[Page 2989]]

combat gang violence and ensure the safety of judicial and law 
enforcement officials.
  This legislation sends a strong message to our law enforcement 
officers and local officials that the Federal government is a key 
partner in their efforts to keep our communities safe. I represent Los 
Angeles and San Bernardino Counties, where law enforcement officers are 
combating gang violence by increasing the number of gang task forces 
and reaching out into the community to give kids alternatives to gang 
membership. This legislation imposes the tough mandatory sentences we 
need to keep gang members off the street and our neighborhoods safer. 
We are also doing the same for sex offenders, keeping them off the 
streets longer, and enforcing registration laws to empower parents with 
the information they need to keep their children safe.
  I would like to take a few moments to comment on the judicial and law 
enforcement protection provisions of the bill. Judges, peace officers 
and everyone involved in the justice system are protectors of the law 
and servants of safety. They devote their lives and often place 
themselves in harm's way so that we may live without fear and danger. 
Any attack on these dedicated Americans is an attack on the very 
foundation of our Nation.
  H.R. 4472 addresses the growing national problem of violence against 
those working to uphold the law. Although crime is down nationwide, 
threats and attacks against police officers, judges, and witnesses 
continue to escalate. According to the Federal Bureau of Investigation 
(FBI), between 1994 and 2003, 616 law enforcement officers were 
murdered in the line of duty. This includes 59 officers from my home 
state of California, the most of any state.
  Murdering a law enforcement officer is an especially despicable and 
heinous crime. Tragically, California lost one of its courageous 
officers nearly four years ago and only recently has the suspected 
killer been apprehended. Los Angeles County Sheriff's Deputy David 
March was brutally slain execution style during a routine traffic stop 
on April 29, 2002. The suspect, Armando Garcia, fled to Mexico within 
hours of Deputy March's death and had eluded prosecution by U.S. 
authorities. Mexico's refusal to extradite individuals who may face the 
death penalty or life imprisonment had complicated efforts to bring 
Garcia back to the U.S. to face justice.
  Over the last four years, Deputy March's family and friends, fellow 
law enforcement officers, local public officials and my colleagues in 
Congress have worked together to find a resolution to this horrible 
situation. Mr. Speaker, we must protect our Nation's sovereignty and 
ensure that criminals who break our laws and flee the country are 
brought to justice here at home. That is why we urged President Bush 
and officials at the State and Justice Departments to take aggressive 
action to change Mexico's extradition policy. We met with officials in 
the Mexican government to urge them to change their extradition policy. 
I even argued before Mexican Supreme Court justices on the intolerable 
nature of their extradition rulings.
  Last year, my friend from Pasadena, Mr. Schiff, and I introduced H.R. 
3900, the Justice for Peace Officers Act, with the strong support of 
Los Angeles County Sheriff Lee Baca. The bill makes it a federal crime 
to kill a peace officer and flee the country; it provides for the 
possibility of federal prosecution; and it allows for punishment by the 
death penalty or life imprisonment. I am especially pleased that 
Chairman Sensenbrenner and Mr. Gohmert included key provisions from 
this bill in H.R. 1751, and now in H.R. 4472. Specifically, this 
provision makes it a federal crime to kill a law enforcement officer, 
and it makes such a crime punishable by the death penalty, life 
imprisonment or a mandatory minimum of 30 years in prison. In addition, 
the bill adds a mandatory minimum 10 year penalty on top of the 
punishment for killing a law enforcement officer if the suspect flees 
the country to avoid prosecution.
  This is a national problem that will now receive national attention. 
Making it a federal crime to kill a peace officer will provide another 
critical tool to pursue and punish cop-killers on the federal level. 
This provision also ensures that criminals who murder law enforcement 
officers and escape to another country will have the full weight of the 
Federal Government on their trail.
  Mr. Speaker, last year, we experienced a tremendous breakthrough in 
our efforts. In November 2005, the Mexican Supreme Court issued a 
ruling to allow extradition for suspects facing life in prison in the 
U.S. for their crimes. The decision, which overturns a four year old 
ban on such extraditions, will now pave the way for more extraditions 
to the U.S. from Mexico.
  And on February 23, Mexican law enforcement agents, acting on 
information provided by the U.S. Marshals Service, Los Angeles County 
Sheriff's Department and Los Angeles County District Attorney's Office, 
apprehended Armando Garcia in the Guadalajara suburb of Tonala. He is 
now in custody and U.S. authorities are taking steps to extradite him 
to the U.S.
  Mr. Speaker, the capture of Armando Garcia is a victory for justice 
and, most important, for the March family. Law enforcement on both 
sides of the border deserve tremendous credit for working together and 
staying on his trail for nearly four years. This success demonstrates 
the importance of an ongoing dialogue between our two countries.
  While approving H.R. 4472 is a bold step toward enhancing protection 
of peace officers, we must continue our efforts to prevent tragedies 
like Deputy March's murder from ever happening again. I firmly believe 
that the Administration should use all available resources to bring 
about a change in policy in any country that refuses to extradite 
murderers to the U.S. because they may face the death penalty or life 
imprisonment for crimes they committed on our soil.
  Mr. Speaker, I strongly support the bill and urge my colleagues to 
vote in favor of the measure.
  Mr. FITZPATRICK of Pennsylvania. Mr. Speaker, I rise today in support 
of H.R. 4472, the Children's Safety Violent Crime Reduction Act. Every 
day it seems the American people are confronted by another heinous case 
of child abduction and assault. These crimes are some of the most 
jarring to our society and more must be done to reduce their 
occurrence. Last year, I voted in favor of the Child Safety Act and I 
am proud to support this bill today. H.R. 4472 will strengthen sex 
offender registration, community notification and publication 
requirements. Many of the violent crimes against children are 
preventable if communities know that possibly dangerous offenders live 
amongst their neighbors. That is why I am pleased to see that this bill 
includes the Dru Sjodin National Sex Offender Public Website--a 
resource for families to identify sex offenders in their community.
  Also Mr. Speaker, I want to thank Chairman Sensenbrenner for 
including my legislation, H.R. 4883, the Justice for Crime Victims' 
Families Act, as part of this necessary bill. As a former County 
Commissioner for 10 years, I have had the experience of working with my 
local District Attorney on many important, time sensitive cases. One of 
the problems I always heard is that the police needed better 
communication, coordination between their local, state and Federal 
counterparts.
  My legislation focuses on the need to help our nation's criminal 
investigators conduct investigations into abductions and homicides 
faster and more efficiently and to fill the gap in communication that 
was expressed to me in the County. My bill would require the Attorney 
General to produce a report to Congress outlining the current state of 
coordination in information sharing between Federal, state and local 
law enforcement, and the sources of funding currently available for 
homicide investigators. The Attorney General must also examine what is 
being done to expand national criminal records databases, enhance the 
collection of DNA samples from missing persons and improving the 
performance of medical examinations.
  I am concerned that not enough is being done to give our 
investigators the best information available in the fastest time 
possible. We can't hinder our investigators with jurisdictional hurdles 
and information blockades. My legislation will look for ways to make 
communication and information sharing more efficient and productive 
especially for time sensitive cases. I call on my colleagues to support 
this important legislation.
  Ms. SCHAKOWSKY. Mr. Speaker, I rise in strong opposition to H.R. 
4472, the Chidren's Safety and Violent Crime Reduction Act. By bringing 
to the floor bills that already passed the House but with a few key 
provisions stripped, the House leadership is using procedural maneuvers 
to thwart the bill supported by a bipartisan majority of House members 
and by a significant majority of Americans. I am particularly outraged 
that the leadership jettisoned the hate crimes provisions from H.R. 
3132, which passed by a strong bipartisan vote of 223 to 199 last 
September.
  While all of us want to protect our children, we cannot fully reduce 
crime and protect child safety without acknowledging the terrorizing 
impact that hate-motivated violence has in our society. I have serious 
concerns with several provisions included in H.R. 4472, most notably 
the provisions that would impose harsh, new mandatory minimums, expand 
the number of federal crimes that carry the death penalty, and subject 
children to adult trials and adult sentences. However, I have more 
concerns about what is not in the bill. Last September,

[[Page 2990]]

the House voted to protect children from sexual predators and from the 
perpetrators of hate-crimes. This bill retreats from that position and 
will leave our children vulnerable to violence on the basis of their 
sexual orientation, disability, gender, ethnicity, race or religion. 
Our children deserve better from us.
  I urge my colleagues to reject H.R. 4472 and enact long overdue hate 
crimes legislation that will send a clear message that hate violence 
has no place in America.
  Mr. FLAKE. Mr. Speaker, I would like to comment on section 302 of the 
Children's Safety and Violent Crime Reduction Act of 2006. This section 
is based on an amendment that I offered, and that was accepted by voice 
vote, to H.R. 3132, a predecessor version of the Children's Safety and 
Violent Crime Reduction Act, on September 14 of last year.
  Section 302 is named after Kenneth Wrede, a young man who served as a 
police officer in West Covina, California. On August 31, 1983, Officer 
Wrede responded to a call about a man behaving strangely in a 
residential neighborhood. Wrede confronted the man, who became abusive 
and tried to hit Wrede with an 8-foot tree spike. Wrede could have shot 
the man, but instead attempted to defuse the situation. The man then 
reached into Wrede's patrol car and ripped the shotgun and rack from 
the dashboard. Wrede drew his gun and tried to persuade the man to lay 
down the shotgun. The man did so, but when Wrede lowered his revolver, 
the man picked up the shotgun again and shot Wrede in the head. Officer 
Wrede was killed instantly. He was 26 years old.
  Officer Wrede's killer was sentenced to death in 1984, and that 
conviction was affirmed by the California Supreme Court in 1989. Then 
in 2000--17 years after Ken Wrede's murder--a divided panel of the 
Federal Court of Appeals for the Ninth Circuit reversed the killer's 
death sentence. The Ninth Circuit found that the killer's lawyer 
provided ineffective assistance of counsel at the sentencing phase of 
the trial because he did not present additional evidence of the 
killer's abusive childhood and chronic use of PCP.
  When the Ninth Circuit handed down its ruling, Officer Wrede's mother 
simply noted that, ``We thought we finally were close to getting this 
behind us. And now this.'' (Gordon Dillow, Long Wait for Justice Gets 
Worse, The Orange County Reg., May 11, 2000, at B01.) A California 
Deputy Attorney General denounced the court's action, commenting that 
``it can always be suggested a jury should have heard something else in 
the penalty phase of a death penalty case.'' (Richard Winton, Reversal 
of Death Penalty in Officer's Killing Decried Courts, L.A. Times, May 
10, 2000, at B3.) West Covina Corporal Robert Tibbets, the original 
investigator at the scene of Wrede's murder, described the Ninth 
Circuit's decision as a ``miscarriage of justice.'' (Id.) He had 
promised Officer Wrede's parents that he would accompany them to every 
court hearing for their son's killer. He made good on his promise. 
Nineteen years later, in 2002, Corporal Tibbets was there with the 
Wredes when their son's killer was given a second sentencing trial and 
was again sentenced to death.
  But the Wredes now face yet another round of state-court appeals for 
their son's killer, and that litigation will be followed by a new a 
battery of federal habeas appeals. At the 2002 retrial, Ken's father 
noted that ``my family and I had endured 19 years of trial, appeals, 
delays, causing us to relive the trauma of Kenny's death over and over 
again.'' The trial judge noted the absurdity of this system. He stated, 
``It is an obscenity to put anyone through this needlessly for 19 
years. It is inexcusable for us in the system that we need to look at 
this case for 19 years to get it resolved. The system at some point in 
the line has become clogged and broken.'' (Larry Welborn, 19 Years and 
No Resolution For Parents, The Orange County Reg., Sept. 21, 2002.)
  My amendment will prevent injustices such as the one inflicted on the 
Wredes. It will guarantee that federal jurisdiction will not be used to 
reverse criminal sentences and force a repeat of the litigation years 
after the crime has occurred, the trial has been completed, and state 
appeals have been exhausted--all because of an error that was already 
judged harmless in state proceedings, or that was never presented at 
all on earlier review.
  It is simply ridiculous that, 17 years after a police officer was 
murdered, federal courts would prolong the litigation of the case of 
the officer's killer for this kind of reason. The error identified by 
the Ninth Circuit in the Wrede case had nothing to do with the 
reliability or fairness of the jury's conclusion that the defendant had 
murdered Officer Wrede. Instead, the Ninth Circuit invalidated the 
sentence because it thought that the trial attorney could have 
introduced additional evidence of the killer's use of phencyclidine. 
(Trial counsel already had introduced considerable evidence of such 
drug use during the guilt phase of the trial.) Frankly, I do not see 
how the fact that a defendant regularly used a dangerous drug could 
mitigate his criminal conduct at all. The jury in the Wrede case did 
not think so, nor did the state appeals courts think that additional 
evidence of the defendant's PCP use could reasonably have affected the 
jury's decision to sentence the defendant to death. The Ninth Circuit's 
conclusion that such an error could have made a difference in the 
sentencing decision obviously is a highly subjective judgment. It is 
not really a judgment of law, so much as a question of personal opinion 
and popular psychology. Such unstable judgments, at least with respect 
to sentencing errors that are properly subject to harmlessness review, 
should not be a basis for overriding duly entered state criminal 
sentences many years after the fact.
  My amendment to this bill builds on an amendment that I filed earlier 
in this Congress and which has been enacted as section 507 of the USA 
Patriot Improvement and Reauthorization Act. That amendment guarantees 
that states such as Arizona and California will be given an objective 
evaluation of their eligibility for the streamlined and expedited 
habeas corpus procedures in chapter 154 of title 28. That chapter sets 
strict time deadlines for federal judicial action on capital habeas-
corpus petitions in qualifying states, restricts amendments, and 
eliminates ping-pong litigation between state and federal courts over 
unexhausted claims. By unlocking states' access to chapter 154, my 
previous amendment will ensure that cases such as that of Kenneth 
Wrede's killer--or the infamous Christy Ann Fornoff case in Arizona--
will be resolved much more quickly. My current amendment to the 
Children's Safety and Violent Crime Reduction Act will ensure that 
these types of cases are not reversed on account of claims of minor and 
highly subjective sentencing errors. Allegations of such errors do not 
relate to the defendant's culpability for the underlying offense, and 
they do not merit the use of federal judicial resources at this late 
stage of the criminal-litigation process.
  My amendment is based on a legislative proposal that is part of the 
habeas corpus reform bill introduced by Senator Kyl and Congressman 
Lungren. That broader bill has been the subject of four hearings in 
this Congress: two before the House Judiciary Committee's Crime 
Subcommittee on June 30 and November 10, and two before the Senate 
Judiciary Committee on July 13 and November 16.
  Between its evolution from the Kyl/Lungren bill to my amendment, and 
again from my original amendment to the provision in the current 
Children's Safety and Violent Crime Reduction Act, section 302 has been 
modified somewhat. First, it has been expanded to also apply to those 
sentencing claims that the habeas applicant procedurally defaulted in 
the state courts. It would make no sense to limit federal review for a 
habeas petitioner who presented his sentencing claim in state court in 
a timely manner, where the error had been found harmless, but to afford 
unrestricted habeas review to a petitioner who did not timely and 
properly present his claim in state proceedings. The purpose of the 
procedural-default doctrine is to encourage state prisoners to abide by 
state procedural rules. That purpose would be undercut if the applicant 
presenting a defaulted sentencing claim were afforded more liberal 
access to federal court than the applicant who had properly presented 
his claim during state review.
  Also, allowing defaulted sentencing claims to be heard for the first 
time in a federal application inevitably disrupts the federal 
proceedings. A defaulted claim generally will not have been considered 
on the merits in state court, and therefore there is no evidentiary 
record on which to evaluate the claim in federal court. And allowing 
the applicant to obtain relief on a defaulted claim in federal habeas 
inevitably prejudices the state. As the Supreme Court has noted, 
forcing prisoners to timely present their claims in state court 
``affords the state courts the opportunity to resolve the issue shortly 
after trial, while evidence is still available both to assess the 
defendant's claim and to retry the defendant effectively if he prevails 
in his appeal.'' Murray v. Carrier, 477 U.S. 478 (1986). But when a 
federal habeas court orders a sentencing retrial on the basis of a 
claim that was never presented to the state courts, it often will have 
been many years since the original trial and the crime occurred. (In 
the Wrede case, the Ninth Circuit's reversal of the killer's sentence 
came 17 years after the crime had been committed.) During this time, 
witnesses often will die or disappear or their memories will fade and 
other evidence will become unavailable. If defaulted claims were 
exempted from my

[[Page 2991]]

amendment, not only would habeas petitioners presenting such claims 
have better access to the federal courts than would those who followed 
state rules; the relief that the defaulting petitioner obtains would be 
more likely to mean not just a second chance to try the sentencing 
case, but rather would amount to a permanent bar on the state's 
imposition of a capital or other sentence.
  Finally, I would like to respond briefly to those critics who argue 
that any tailoring or limits on federal habeas-corpus review constitute 
an unconstitutional ``suspension'' of the Great Writ. I would note that 
federal courts rejected this argument when it was made by critics of 
the 1996 reforms. The courts noted that Congress has the power both to 
expand and to retract the scope of federal collateral review of state 
criminal convictions. In Felker v. Turpin, 518 U.S. 651 (1996), the 
U.S. Supreme Court highlighted the utter lack of basis for the view 
that Congress is required to grant lower federal courts unrestricted 
power over state criminal convictions:

       ``The first Congress made the writ of habeas corpus 
     available only to prisoners confined under the authority of 
     the United States, not under state authority. It was not 
     until 1867 that Congress made the writ generally available in 
     `all cases where any person may be restrained of his or her 
     liberty in violation of [federal law].' And it was not until 
     well into this century that this Court interpreted that 
     provision to allow a final judgment of conviction to be 
     collaterally attacked on habeas.''

  The Supreme Court concluded: ``We have long recognized that the power 
to award the writ by any of the courts of the United States, must be 
given by written law, and we have likewise recognized that judgments 
about the proper scope of the writ are normally for Congress to make.''
  The U.S. Court of Appeals for the Seventh Circuit elaborated on this 
point in Lindh v. Murphy, 96 F.3d 856 (rev'd on other grounds, 521 U.S. 
320), and explained the nature of the constitutional habeas right:

       ``The writ known in 1789 was the pre-trial contest to the 
     executive's power to hold a person captive, the device that 
     prevents arbitrary detention without trial. The power thus 
     enshrined did not include the ability to reexamine judgments 
     rendered by courts possessing jurisdiction. Under the 
     original practice, ``a judgment of conviction rendered by a 
     court of general criminal jurisdiction was conclusive proof 
     that confinement was legal * * * [and] prevented issuance of 
     a writ.'' The founding-era historical evidence suggests a 
     prevailing view that state courts were adequate fora for 
     protecting federal rights. Based on this assumption, there 
     was (and is) no constitutionally enshrined right to mount a 
     collateral attack on a state court's judgment in the inferior 
     Article III courts and, a fortiori, no mandate that state 
     court judgments embracing questionable (or even erroneous) 
     interpretations of the federal Constitution be reviewed by 
     the inferior Article III courts.''

  The Seventh Circuit concluded: ``Any suggestion that the 
[Constitution] forbids every contraction of the [federal habeas] power 
bestowed by Congress in 1885, and expanded by the 1948 and 1966 
amendments, is untenable.''
  My amendment is a necessary and appropriate adjustment to the federal 
jurisdiction over state criminal convictions. I am pleased to see that 
it is part of the Children's Safety and Violent Crime Reduction Act.
  Mr. KENNEDY of Rhode Island. Mr. Speaker, I am voting in favor of 
passing H.R. 4472, The Children's Safety and Violent Crime Reduction 
Act of 2006. However, I want to make clear the serious concerns I have 
regarding some of the content of this legislation and the manner in 
which it is being considered by the House of Representatives.
  I ultimately support this legislation, primarily because it 
incorporates the core content contained in H.R. 3132, The Children's 
Safety Act of 2005, which was previously passed by the House of 
Representatives on September 14, 2005. H.R. 3132--and by extension H.R. 
4472--provides for vital improvements to strengthen the ability of our 
justice system to protect children from sex offenders. This legislation 
helps to develop a comprehensive national approach to prevent sex 
offenders from preying on our children, as it creates a national sex 
offender registry and increases penalties for sex crimes against 
children. Like everyone else, I have been horrified by the recent cases 
of abductions and murders of children by sex offenders, and am 
determined to do everything in my power as a public official to prevent 
such tragedies from ever occurring again.
  I am also supportive of the main provisions of H.R. 1751, The Secure 
Access to Justice and Court Protection Action of 2005, which are 
included in H.R. 4472. These provisions would increase federal 
penalties for the assault, murder, or kidnapping of judges and court 
employees and make it a federal crime to kill or assault public safety 
officers or other court personnel.
  However, H.R. 4472 also contains the core content of additional 
legislation, H.R. 1279, The Gang Deterrence and Community Protection 
Act of 2005, which I voted against last year on May 11, 2005. H.R. 
1279--and by extension H.R. 4472--creates new federal criminal 
penalties and mandatory minimums for crimes committed by gang members, 
yet it loosely defines the definition of gang membership. Further, it 
redefines ``crimes of violence'' to include drug-trafficking crimes, 
and authorizes the Attorney General to charge a juvenile as an adult 
for certain crimes. I believe this aspect of the legislation has many 
flaws, one of which is the ability to penalize even non-violent drug 
dealing and some misdemeanors as ``crimes of violence.'' I am opposed 
to prosecuting youth as adults and imposing mandatory minimum 
sentences.
  We already incarcerate two million people, about half for non-violent 
drug crimes, and I believe that we need to emphasize more prevention 
and early intervention programs geared towards at-risk youth. This 
legislation seriously errs in its lack of focus on prevention and early 
intervention, which time after time has proven to be the most effective 
way to prevent juvenile, and ultimately, adult crime.
  I also think it is yet another abuse of the procedures of the House 
by the majority to bring up this bill on the suspension calendar. The 
suspension calendar, which does not permit amendments, is intended for 
non-controversial bills for which there is broad consensus. For the 
reasons described above and others, many Menibers of this body have 
reservations about H.R. 4472. Undoubtedly, a number of Members would 
have offered improving amendments if given the opportunity. Perhaps 
those amendments would have been rejected by a majority of the House, 
and would have failed. Perhaps they would have been approved 
unanimously. Bringing this legislation up on the suspension calendar 
subverts the democratic process. Particularly given that the House has 
already passed the entire contents of H.R. 4472, it is patently obvious 
that the sole purpose of bringing up H.R. 4472 without an ability to 
amend it is to play politics.
  In conclusion, my vote in favor of passing H.R. 4472 comes despite my 
reservations regarding these controversial provisions, and is driven by 
my overriding concern for the safety of our nation's most valuable 
asset--our children. I continue to have major concerns about some 
elements of the legislation, and particularly the manner in which it 
has been brought up. Protecting our nation's children should be our 
overriding priority, and worth real debate and attention from the 
House.
  Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Feeney). The question is on the motion 
offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the 
House suspend the rules and pass the bill, H.R. 4472, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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