Age analysis of the Walsh Act

Additional background for the SOLR report, Age Analysis of Recent US Sex Laws

This file is modified from the official online text of the law by removing page numbers (“[[Page 120 STAT. nnn]]”) and by highlighting words that indicate the age of a person, to wit: “child,” “minor,” “juvenile,” “teen,” “age,” “old,” and “18,” “17,” “16,” … “10.”

[DOCID: f:publ248.109]

[[Page 120 STAT. 587]]

Public Law 109-248
109th Congress

                                 An Act


 
   To protect children from sexual exploitation and violent crime, to 
 prevent child abuse and child pornography, to promote Internet safety, 
      and to honor the memory of Adam Walsh and other child crime 
            victims. <<NOTE: July 27, 2006 -  [H.R. 4472]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Adam Walsh Child 
Protection and Safety Act of 2006. 42 USC 16901 note.>> assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

         TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT

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

         Subtitle A--Sex Offender Registration and Notification

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

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

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

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

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

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

Sec. 201. Prohibition on Internet sales of date rape drugs.
Sec. 202. Jetseta Gage assured punishment for violent crimes against 
           children.
Sec. 203. Penalties for coercion and enticement by sex offenders.
Sec. 204. Penalties for conduct relating to child prostitution.
Sec. 205. Penalties for sexual abuse.
Sec. 206. Increased penalties for sexual offenses against children.
Sec. 207. Sexual abuse of wards.
Sec. 208. Mandatory penalties for sex-trafficking of children.
Sec. 209. Child abuse reporting.
Sec. 210. Sex offender submission to search as condition of release.
Sec. 211. No limitation for prosecution of felony sex offenses.
Sec. 212. Victims' rights associated with habeas corpus proceedings.
Sec. 213. Kidnapping jurisdiction.
Sec. 214. Marital communication and adverse spousal privilege.
Sec. 215. Abuse and neglect of Indian children.
Sec. 216. Improvements to the Bail Reform Act to address sex crimes and 
           other matters.

         TITLE III--CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS

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

TITLE IV--IMMIGRATION LAW REFORMS TO PREVENT SEX OFFENDERS FROM ABUSING 
                                CHILDREN
Sec. 401. Failure to register a deportable offense.
Sec. 402. Barring convicted sex offenders from having family-based 
           petitions approved.

                  TITLE V--CHILD PORNOGRAPHY PREVENTION

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

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

               Subtitle A--Mentoring Matches for Youth Act

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

    Subtitle B--National Police Athletic League Youth Enrichment Act

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

            Subtitle C--Grants, Studies, and Other Provisions

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

                     TITLE VII--INTERNET SAFETY ACT

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

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

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

 TITLE <<NOTE: Sex Offender Registration and Notification Act.>> I--SEX 
OFFENDER REGISTRATION AND NOTIFICATION ACT

SEC. 101. <<NOTE: 42 USC 16901 note.>> SHORT TITLE.

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

SEC. 102. <<NOTE: 42 USC 16901.>> DECLARATION OF PURPOSE.

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

SEC. 103. <<NOTE: 42 USC 16902.>> ESTABLISHMENT OF PROGRAM.

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

         Subtitle A--Sex Offender Registration and Notification

SEC. 111. <<NOTE: 42 USC 16911.>> RELEVANT DEFINITIONS, INCLUDING AMIE 
            ZYLA EXPANSION OF SEX OFFENDER DEFINITION AND EXPANDED 
            INCLUSION OF CHILD PREDATORS.

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

SEC. 112. <<NOTE: 42 USC 16912.>> REGISTRY REQUIREMENTS FOR 
            JURISDICTIONS.

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

SEC. 113. <<NOTE: 42 USC 16913.>> REGISTRY REQUIREMENTS FOR SEX 
            OFFENDERS.

    (a) In General.--A sex offender shall register, and keep the 
registration current, in each jurisdiction where the offender resides, 
where the offender is an employee, and where the offender is a student. 
For initial registration purposes only, a sex offender shall also 
register in the jurisdiction in which convicted if such jurisdiction is 
different from the jurisdiction of residence.
    (b) Initial Registration.--The sex offender shall initially reg- 
ister--
            (1) before completing a sentence of imprisonment with 
        respect to the offense giving rise to the registration 
        requirement; or
            (2) <<NOTE: Deadline.>> not later than 3 business days after 
        being sentenced for that offense, if the sex offender is not 
        sentenced to a term of imprisonment.

    (c) Keeping the Registration Current.--A <<NOTE: Deadline.>> sex 
offender shall, not later than 3 business days after each change of 
name, residence, employment, or student status, appear in person in at 
least 1 jurisdiction involved pursuant to subsection (a) and inform that 
jurisdiction of all changes in the information required for that 
offender in the sex offender registry. That jurisdiction shall 
immediately provide that information to all other jurisdictions in which 
the offender is required to register.

    (d) Initial Registration of Sex Offenders Unable To Comply With 
Subsection (b).--The <<NOTE: Applicability. Regulations.>> Attorney 
General shall have the authority to specify the applicability of the 
requirements of this title to sex offenders convicted before the 
enactment of this Act or its implementation in a particular 
jurisdiction, and to prescribe rules for the registration of any such 
sex offenders and for other categories of sex offenders who are unable 
to comply with subsection (b).

    (e) State Penalty for Failure To Comply.--Each jurisdiction, other 
than a Federally recognized Indian tribe, shall provide a criminal 
penalty that includes a maximum term of imprisonment that is greater 
than 1 year for the failure of a sex offender to comply with the 
requirements of this title.

SEC. 114. <<NOTE: 42 USC 16914.>> INFORMATION REQUIRED IN REGISTRATION.

    (a) Provided by the Offender.--The sex offender shall provide the 
following information to the appropriate official for inclusion in the 
sex offender registry:
            (1) The name of the sex offender (including any alias used 
        by the individual).
            (2) The Social Security number of the sex offender.
            (3) The address of each residence at which the sex offender 
        resides or will reside.
            (4) The name and address of any place where the sex offender 
        is an employee or will be an employee.
            (5) The name and address of any place where the sex offender 
        is a student or will be a student.
            (6) The license plate number and a description of any 
        vehicle owned or operated by the sex offender.
            (7) Any other information required by the Attorney General.

    (b) Provided by the Jurisdiction.--The jurisdiction in which the sex 
offender registers shall ensure that the following information is 
included in the registry for that sex offender:
            (1) A physical description of the sex offender.
            (2) The text of the provision of law defining the criminal 
        offense for which the sex offender is registered.
            (3) The criminal history of the sex offender, including the 
        date of all arrests and convictions; the status of parole, 
        probation, or supervised release; registration status; and the 
        existence of any outstanding arrest warrants for the sex 
        offender.
            (4) A current photograph of the sex offender.
            (5) A set of fingerprints and palm prints of the sex 
        offender.
            (6) A DNA sample of the sex offender.
            (7) A photocopy of a valid driver's license or 
        identification card issued to the sex offender by a 
        jurisdiction.
            (8) Any other information required by the Attorney General.

SEC. 115. <<NOTE: 42 USC 16915.>> DURATION OF REGISTRATION REQUIREMENT.

    (a) Full Registration Period.--A sex offender shall keep the 
registration current for the full registration period (excluding any 
time the sex offender is in custody or civilly committed) unless the 
offender is allowed a reduction under subsection (b). The full 
registration period is--
            (1) 15 years, if the offender is a tier I sex offender;
            (2) 25 years, if the offender is a tier II sex offender; and
            (3) the life of the offender, if the offender is a tier III 
        sex offender.

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

SEC. 116. <<NOTE: 42 USC 16916.>> PERIODIC IN PERSON VERIFICATION.

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

SEC. 117. <<NOTE: 42 USC 16917.>> DUTY TO NOTIFY SEX OFFENDERS OF 
            REGISTRATION REQUIREMENTS AND TO REGISTER.

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

    (b) Notification of Sex Offenders Who Cannot Comply With Subsection 
(a).--The <<NOTE: Regulations.>> Attorney General shall prescribe rules 
for the notification of sex offenders who cannot be registered in 
accordance with subsection (a).

SEC. 118. <<NOTE: 42 USC 16918.>> PUBLIC ACCESS TO SEX OFFENDER 
            INFORMATION THROUGH THE INTERNET.

    (a) In General.--Except as provided in this section, each 
jurisdiction shall make available on the Internet, in a manner that is 
readily accessible to all jurisdictions and to the public, all 
information about each sex offender in the registry. The jurisdiction 
shall maintain the Internet site in a manner that will permit the public 
to obtain relevant information for each sex offender by a single query 
for any given zip code or geographic radius set by the user. The 
jurisdiction shall also include in the design of its Internet site all 
field search capabilities needed for full participation in the Dru 
Sjodin National Sex Offender Public Website and shall participate in 
that website as provided by the Attorney General.
    (b) Mandatory Exemptions.--A jurisdiction shall exempt from 
disclosure--
            (1) the identity of any victim of a sex offense;
            (2) the Social Security number of the sex offender;
            (3) any reference to arrests of the sex offender that did 
        not result in conviction; and
            (4) any other information exempted from disclosure by the 
        Attorney General.

    (c) Optional Exemptions.--A jurisdiction may exempt from 
disclosure--
            (1) any information about a tier I sex offender convicted of 
        an offense other than a specified offense against a minor;
            (2) the name of an employer of the sex offender;
            (3) the name of an educational institution where the sex 
        offender is a student; and
            (4) any other information exempted from disclosure by the 
        Attorney General.

    (d) Links.--The site shall include, to the extent practicable, links 
to sex offender safety and education resources.
    (e) Correction of Errors.--The site shall include instructions on 
how to seek correction of information that an individual contends is 
erroneous.
    (f) Warning.--The site shall include a warning that information on 
the site should not be used to unlawfully injure, harass, or commit a 
crime against any individual named in the registry or residing or 
working at any reported address. The warning shall note that any such 
action could result in civil or criminal penalties.

SEC. 119. <<NOTE: 42 USC 16919.>> NATIONAL SEX OFFENDER REGISTRY.

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

SEC. 120. <<NOTE: 42 USC 16920.>> DRU SJODIN NATIONAL SEX OFFENDER 
            PUBLIC WEBSITE.

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

SEC. 121. <<NOTE: 42 USC 16921.>> MEGAN NICOLE KANKA AND ALEXANDRA 
            NICOLE ZAPP COMMUNITY NOTIFICATION PROGRAM.

    (a) Establishment of Program.--There is established the Megan Nicole 
Kanka and Alexandra Nicole Zapp Community Notification Program 
(hereinafter in this section referred to as the ``Program'').
    (b) Program Notification.--Except as provided in subsection (c), 
immediately after a sex offender registers or updates a registration, an 
appropriate official in the jurisdiction shall provide the information 
in the registry (other than information exempted from disclosure by the 
Attorney General) about that offender to the following:
            (1) The Attorney General, who shall include that information 
        in the National Sex Offender Registry or other appropriate 
        databases.
            (2) Appropriate law enforcement agencies (including 
        probation agencies, if appropriate), and each school and public 
        housing agency, in each area in which the individual resides, is 
        an employee or is a student.
            (3) Each jurisdiction where the sex offender resides, is an 
        employee, or is a student, and each jurisdiction from or to 
        which a change of residence, employment, or student status 
        occurs.
            (4) Any agency responsible for conducting employment-related 
        background checks under section 3 of the National Child 
        Protection Act of 1993 (42 U.S.C. 5119a).
            (5) Social service entities responsible for protecting 
        minors in the child welfare system.
            (6) Volunteer organizations in which contact with minors or 
        other vulnerable individuals might occur.
            (7) Any organization, company, or individual who requests 
        such notification pursuant to procedures established by the 
        jurisdiction.

    (c) Frequency.--Notwithstanding subsection (b), an organization or 
individual described in subsection (b)(6) or (b)(7) may opt to receive 
the notification described in that subsection no less frequently than 
once every five business days.

SEC. 122. <<NOTE: 42 USC 16922.>> ACTIONS TO BE TAKEN WHEN SEX OFFENDER 
            FAILS TO COMPLY.

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

SEC. 123. <<NOTE: 42 USC 16923.>> DEVELOPMENT AND AVAILABILITY OF 
            REGISTRY MANAGEMENT AND WEBSITE SOFTWARE.

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

    (c) Deadline.--The Attorney General shall make the first complete 
edition of this software available to jurisdictions within 2 years of 
the date of the enactment of this Act.

SEC. 124. <<NOTE: 42 USC 16924.>> PERIOD FOR IMPLEMENTATION BY 
            JURISDICTIONS.

    (a) Deadline.--Each jurisdiction shall implement this title before 
the later of--
            (1) 3 years after the date of the enactment of this Act; and
            (2) 1 year after the date on which the software described in 
        section 123 is available.

    (b) Extensions.--The Attorney General may authorize up to two 1-year 
extensions of the deadline.

SEC. 125. <<NOTE: 42 USC 16925.>> FAILURE OF JURISDICTION TO COMPLY.

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

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

SEC. 126. <<NOTE: 42 USC 16926.>> SEX OFFENDER MANAGEMENT ASSISTANCE 
            (SOMA) PROGRAM.

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

    (d) Authorization of Appropriations.--In addition to any amounts 
otherwise authorized to be appropriated, there are authorized to be 
appropriated such sums as may be necessary to the Attorney General, to 
be available only for the SOMA program, for fiscal years 2007 through 
2009.

SEC. 127. <<NOTE: 42 USC 16927.>> ELECTION BY INDIAN TRIBES.

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

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

SEC. 128. <<NOTE: Establishment. 42 USC 16928.>> REGISTRATION OF SEX 
            OFFENDERS ENTERING THE UNITED STATES.

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

SEC. 129. REPEAL OF PREDECESSOR SEX OFFENDER PROGRAM.

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

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

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

SEC. 131. <<NOTE: 42 USC 16929.>> IMMUNITY FOR GOOD FAITH CONDUCT.

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

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

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

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

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

``Sec. 2250. Failure to register

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

shall be fined under this title or imprisoned not more than 10 years, or 
both.
    ``(b) Affirmative Defense.--In a prosecution for a violation under 
subsection (a), it is an affirmative defense that--
            ``(1) uncontrollable circumstances prevented the individual 
        from complying;
            ``(2) the individual did not contribute to the creation of 
        such circumstances in reckless disregard of the requirement to 
        comply; and
            ``(3) the individual complied as soon as such circumstances 
        ceased to exist.

    ``(c) Crime of Violence.--
            ``(1) In general.--An individual described in subsection (a) 
        who commits a crime of violence under Federal law (including the 
        Uniform Code of Military Justice), the law of the District of 
        Columbia, Indian tribal law, or the law of any territory or 
        possession of the United States shall be imprisoned for not less 
        than 5 years and not more than 30 years.
            ``(2) Additional punishment.--The punishment provided in 
        paragraph (1) shall be in addition and consecutive to the 
        punishment provided for the violation described in subsection 
        (a).''.
            (2) Clerical amendment.--The table of chapters for part I of 
        title 18, United States Code, is amended by inserting after the 
        item relating to chapter 109A the following:

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

    (b) <<NOTE: 28 USC 994 note.>> Directive to the United States 
Sentencing Commission.--In promulgating guidelines for use of a 
sentencing court in determining the sentence to be imposed for the 
offense specified in subsection (a), the United States Sentencing 
Commission shall consider the following matters, in addition to the 
matters specified in section 994 of title 28, United States Code:
            (1) Whether the person committed another sex offense in 
        connection with, or during, the period for which the person 
        failed to register.
            (2) Whether the person committed an offense against a minor 
        in connection with, or during, the period for which the person 
        failed to register.
            (3) Whether the person voluntarily attempted to correct the 
        failure to register.
            (4) The seriousness of the offense which gave rise to the 
        requirement to register, including whether such offense is a 
        tier I, tier II, or tier III offense, as those terms are defined 
        in section 111.
            (5) Whether the person has been convicted or adjudicated 
        delinquent for any offense other than the offense which gave 
        rise to the requirement to register.

    (c) False Statement Offense.--Section 1001(a) of title 18, United 
States Code, is amended by adding at the end the following: ``If the 
matter relates to an offense under chapter 109A, 109B, 110, or 117, or 
section 1591, then the term of imprisonment imposed under this section 
shall be not more than 8 years.''.
    (d) Probation.--Paragraph (8) of section 3563(a) of title 18, United 
States Code, is amended to read as follows:
            ``(8) for a person required to register under the Sex 
        Offender Registration and Notification Act, that the person 
        comply with the requirements of that Act; and''.

    (e) Supervised Release.--Section 3583 of title 18, United States 
Code, is amended--
            (1) in subsection (d), in the sentence beginning with ``The 
        court shall order, as an explicit condition of supervised 
        release for a person described in section 4042(c)(4)'', by 
        striking ``described in section 4042(c)(4)'' and all that 
        follows through the end of the sentence and inserting ``required 
        to register under the Sex Offender Registration and Notification 
        Act, that the person comply with the requirements of that 
        Act.''.
            (2) in subsection (k)--
                    (A) by striking ``2244(a)(1), 2244(a)(2)'' and 
                inserting ``2243, 2244, 2245, 2250'';
                    (B) by inserting ``not less than 5,'' after ``any 
                term of years''; and
                    (C) by adding at the end the following: ``If a 
                defendant required to register under the Sex Offender 
                Registration and Notification Act commits any criminal 
                offense under chapter 109A, 110, or 117, or section 1201 
                or 1591, for which imprisonment for a term longer than 1 
                year can be imposed, the court shall revoke the term of 
                supervised release and require the defendant to serve a 
                term of imprisonment under subsection (e)(3) without 
                regard to the exception contained therein. Such term 
                shall be not less than 5 years.''.

    (f) Duties of the Bureau of Prisons.--Paragraph (3) of section 
4042(c) of title 18, United States Code, is amended to read as follows:
    ``(3) The Director of the Bureau of Prisons shall inform a person 
who is released from prison and required to register under the Sex 
Offender Registration and Notification Act of the requirements of that 
Act as they apply to that person and the same information shall be 
provided to a person sentenced to probation by the probation officer 
responsible for supervision of that person.''.
    (g) Conforming Amendments To Cross-References.--Section 4042(c) of 
title 18, United States Code, is amended--
            (1) in paragraph (1), by striking ``(4)'' and inserting 
        ``(3), or any other person in a category specified by the 
        Attorney General,''; and
            (2) in paragraph (2)--
                    (A) in the first sentence, by striking ``shall be 
                subject to a registration requirement as a sex 
                offender'' and inserting ``shall register as required by 
                the Sex Offender Registration and Notification Act''; 
                and
                    (B) in the fourth sentence, by striking ``(4)'' and 
                inserting ``(3)''.

    (h) Conforming Repeal of Deadwood.--Paragraph (4) of section 4042(c) 
of title 18, United States Code, is repealed.
    (i) <<NOTE: 10 USC 951 note.>> Military Offenses.--
            (1) Section 115(a)(8)(C)(i) of Public Law 105-119 (111 Stat. 
        2466) is amended by striking ``which encompass'' and all that 
        follows through ``and (B))'' and inserting ``which are sex 
        offenses as that term is defined in the Sex Offender 
        Registration and Notification Act''.
            (2) Section 115(a)(8)(C)(iii) of Public Law 105-119 (111 
        Stat. 2466; 10 U.S.C. 951 note) is amended by striking ``the 
        amendments made by subparagraphs (A) and (B)'' and inserting 
        ``the Sex Offender Registration and Notification Act''.

    (j) Conforming Amendment Relating To Parole.--Section 4209(a) of 
title 18, United States Code, is amended in the second sentence by 
striking ``described'' and all that follows through the end of the 
sentence and inserting ``required to register under the Sex Offender 
Registration and Notification Act that the person comply with the 
requirements of that Act.''.

SEC. 142. <<NOTE: 42 USC 16941.>> FEDERAL ASSISTANCE WITH RESPECT TO 
            VIOLATIONS OF REGISTRATION REQUIREMENTS.

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

SEC. 143. <<NOTE: 42 USC 16942.>> PROJECT SAFE CHILDHOOD.

    (a) Establishment of Program.--Not <<NOTE: Deadline.>> later than 6 
months after the date of enactment of this Act, the Attorney General 
shall create and maintain a Project Safe Childhood program in accordance 
with this section.

    (b) Initial Implementation.--Except as authorized under subsection 
(c), funds authorized under this section may only be used for the 
following 5 purposes:
            (1) Integrated Federal, State, and local efforts to 
        investigate and prosecute child exploitation cases, including--
                    (A) the partnership by each United States Attorney 
                with each Internet Crimes Against Children Task Force 
                that is a part of the Internet Crimes Against Children 
                Task Force Program authorized and funded under title IV 
                of the Juvenile Justice and Delinquency Prevention Act 
                of 1974 (42 U.S.C. 5771 et seq.) (referred to in this
                section as the ``ICAC Task Force Program'') that exists 
                within the district of such attorney;
                    (B) the partnership by each United States Attorney 
                with other Federal, State, and local law enforcement 
                partners working in the district of such attorney to 
                implement the program described in subsection (a);
                    (C) the development by each United States Attorney 
                of a district-specific strategic plan to coordinate the 
                investigation and prosecution of child exploitation 
                crimes;
                    (D) efforts to identify and rescue victims of child 
                exploitation crimes; and
                    (E) local training, educational, and awareness 
                programs of such crimes.
            (2) Major case coordination by the Department of Justice (or 
        other Federal agencies as appropriate), including specific 
        integration or cooperation, as appropriate, of--
                    (A) the Child Exploitation and Obscenity Section 
                within the Department of Justice;
                    (B) the Innocent Images Unit of the Federal Bureau 
                of Investigation;
                    (C) any task forces established in connection with 
                the Project Safe Childhood program set forth under 
                subsection (a); and
                    (D) the High Tech Investigative Unit within the 
                Criminal Division of the Department of Justice.
            (3) Increased Federal involvement in child pornography and 
        enticement cases by providing additional investigative tools and 
        increased penalties under Federal law.
            (4) Training of Federal, State, and local law enforcement 
        through programs facilitated by--
                    (A) the National Center for Missing and Exploited 
                Children;
                    (B) the ICAC Task Force Program; and
                    (C) any other ongoing program regarding the 
                investigation and prosecution of computer-facilitated 
                crimes against children, including training and 
                coordination regarding leads from--
                          (i) Federal law enforcement operations; and
                          (ii) the CyberTipline and Child Victim-
                      Identification programs managed and maintained by 
                      the National Center for Missing and Exploited 
                      Children.
            (5) Community awareness and educational programs through 
        partnerships to provide national public awareness and 
        educational programs through--
                    (A) the National Center for Missing and Exploited 
                Children;
                    (B) the ICAC Task Force Program; and
                    (C) any other ongoing programs that--
                          (i) raises national awareness about the threat 
                      of online sexual predators; or
                          (ii) provides information to parents and 
                      children seeking to report possible violations of 
                      computer-facilitated crimes against children.

    (c) Expansion of Project Safe Childhood.--Notwithstanding subsection 
(b), funds authorized under this section may be also be used for the 
following purposes:
            (1) The addition of not less than 8 Assistant United States 
        Attorneys at the Department of Justice dedicated to the 
        prosecution of cases in connection with the Project Safe 
        Childhood program set forth under subsection (a).
            (2) The creation, development, training, and deployment of 
        not less than 10 new Internet Crimes Against Children task 
        forces within the ICAC Task Force Program consisting of Federal, 
        State, and local law enforcement personnel dedicated to the 
        Project Safe Childhood program set forth under subsection (a), 
        and the enhancement of the forensic capacities of existing 
        Internet Crimes Against Children task forces.
            (3) The development and enhancement by the Federal Bureau of 
        Investigation of the Innocent Images task forces.
            (4) Such other additional and related purposes as the 
        Attorney General determines appropriate.

    (d) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated--
            (1) for the activities described under subsection (b)--
                    (A) $18,000,000 for fiscal year 2007; and
                    (B) such sums as may be necessary for each of the 5 
                succeeding fiscal years; and
            (2) for the activities described under subsection (c)--
                    (A) for fiscal year 2007--
                          (i) $15,000,000 for the activities under 
                      paragraph (1);
                          (ii) $10,000,000 for activities under 
                      paragraph (2); and
                          (iii) $4,000,000 for activities under 
                      paragraph (3); and
                    (B) such sums as may be necessary for each of the 5 
                succeeding fiscal years.

SEC. 144. <<NOTE: 42 USC 16943.>> FEDERAL ASSISTANCE IN IDENTIFICATION 
            AND LOCATION OF SEX OFFENDERS RELOCATED AS A RESULT OF A 
            MAJOR DISASTER.

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

SEC. 145. <<NOTE: 42 USC 16944.>> EXPANSION OF TRAINING AND TECHNOLOGY 
            EFFORTS.

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

    (b) Technology.--The Attorney General shall--
            (1) deploy, to all Internet Crimes Against Children Task 
        Forces and their partner agencies, technology modeled after the 
        Canadian Child Exploitation Tracking System; and
            (2) conduct training in the use of that technology.

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

SEC. 146. <<NOTE: 42 USC 16945.>> OFFICE OF SEX OFFENDER SENTENCING, 
            MONITORING, APPREHENDING, REGISTERING, AND TRACKING.

    (a) Establishment.--There is established within the Department of 
Justice, under the general authority of the Attorney General, an Office 
of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and 
Tracking (hereinafter in this section referred to as the ``SMART 
Office'').
    (b) Director.--The <<NOTE: President.>> SMART Office shall be headed 
by a Director who shall be appointed by the President. The Director 
shall report to the Attorney General through the Assistant Attorney 
General for the Office of Justice Programs and shall have final 
authority for all grants, cooperative agreements, and contracts awarded 
by the SMART Office. The Director shall not engage in any employment 
other than that of serving as the Director, nor shall the Director hold 
any office in, or act in any capacity for, any organization, agency, or 
institution with which the Office makes any contract or other 
arrangement.

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

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

SEC. 151. <<NOTE: 42 USC 16961.>> ACCESS TO NATIONAL CRIME INFORMATION 
            DATABASES.

    (a) In General.--Notwithstanding any other provision of law, the 
Attorney General shall ensure access to the national crime information 
databases (as defined in section 534 of title 28, United States Code) 
by--
            (1) the National Center for Missing and Exploited Children, 
        to be used only within the scope of the Center's duties and 
        responsibilities under Federal law to assist or support law 
        enforcement agencies in administration of criminal justice 
        functions; and
            (2) governmental social service agencies with child 
        protection responsibilities, to be used by such agencies only in 
        investigating or responding to reports of child abuse, neglect, 
        or exploitation.

    (b) Conditions of Access.--The access provided under this section, 
and associated rules of dissemination, shall be--
            (1) defined by the Attorney General; and
            (2) limited to personnel of the Center or such agencies that 
        have met all requirements set by the Attorney General, including 
        training, certification, and background screening.

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

    (a) Requirement To Complete Background Checks Before Approval of Any 
Foster or Adoptive Placement and To Check National Crime Information 
Databases and State Child Abuse Registries; Suspension of Opt-Out.--
            (1) Requirement to check national crime information 
        databases and state child abuse registries.--Section 471(a)(20) 
        of the Social Security Act (42 U.S.C. 671(a)(20)) is amended--
                    (A) in subparagraph (A)--
                          (i) in the matter preceding clause (I)--
                                    (I) by inserting ``, including 
                                fingerprint-based checks of national 
                                crime information databases (as defined 
                                in section 534(e)(3)(A) of title 28, 
                                United States Code),'' after ``criminal 
                                records checks''; and
                                    (II) by striking ``on whose behalf 
                                foster care maintenance payments or 
                                adoption assistance payments are to be 
                                made'' and inserting ``regardless of 
                                whether foster care maintenance payments 
                                or adoption assistance payments are to 
                                be made on behalf of the child''; and
                          (ii) in each of clauses (i) and (ii), by 
                      inserting ``involving a child on whose behalf such 
                      payments are to be so made'' after ``in any 
                      case''; and
                    (B) by adding at the end the following:
            ``(C) provides that the State shall--
                    ``(i) check any child abuse and neglect registry 
                maintained by the State for information on any 
                prospective foster or adoptive parent and on any other 
                adult living in the home of such a prospective parent, 
                and request any other State in which any such 
                prospective parent or other adult has resided in the 
                preceding 5 years, to enable the State to check any 
                child abuse and neglect registry maintained by such 
                other State for such information, before the prospective 
                foster or adoptive parent may be finally approved for 
                placement of a child, regardless of whether foster care 
                maintenance payments or adoption assistance payments are 
                to be made on behalf of the child under the State plan 
                under this part;
                    ``(ii) comply with any request described in clause 
                (i) that is received from another State; and
                    ``(iii) have in place safeguards to prevent the 
                unauthorized disclosure of information in any child 
                abuse and neglect registry maintained by the State, and 
                to prevent any such information obtained pursuant to 
                this subparagraph from being used for a purpose other 
                than the conducting of background checks in foster or 
                adoptive placement cases;''.
            (2) Suspension of opt-out.--Section 471(a)(20)(B) of such 
        Act (42 U.S.C. 671(a)(20)(B)) is amended--
                    (A) by inserting ``, on or before September 30, 
                2005,'' after ``plan if''; and
                    (B) by inserting ``, on or before such date,'' after 
                ``or if''.

    (b) Elimination of Opt-Out.--Section 471(a)(20) of such Act (42 
U.S.C. 671(a)(20)), as amended by subsection (a) of this section, is 
amended--
            (1) in subparagraph (A), in the matter preceding clause (i), 
        by striking ``unless an election provided for in subparagraph 
        (B) is made with respect to the State,''; and
            (2) by striking subparagraph (B) and redesignating 
        subparagraph (C) as subparagraph (B).

    (c) <<NOTE: 42 USC 671 note.>> Effective Date.--
            (1) General.--The amendments made by subsection (a) shall 
        take effect on October 1, 2006, and shall apply with respect to 
        payments under part E of title IV of the Social Security Act for 
        calendar quarters beginning on or after such date, without 
        regard to whether regulations to implement the amendments are 
        promulgated by such date.
            (2) Elimination of opt-out.--The amendments made by 
        subsection (b) shall take effect on October 1, 2008, and shall 
        apply with respect to payments under part E of title IV of the 
        Social Security Act for calendar quarters beginning on or after 
        such date, without regard to whether regulations to implement 
        the amendments are promulgated by such date.
            (3) Delay permitted if state legislation required.--If the 
        Secretary of Health and Human Services determines that State 
        legislation (other than legislation appropriating funds) is 
        required in order for a State plan under section 471 of the 
        Social Security Act to meet the additional requirements imposed 
        by the amendments made by a subsection of this section, the plan 
        shall not be regarded as failing to meet
        any of the additional requirements before the first day of the 
        first calendar quarter beginning after the first regular session 
        of the State legislature that begins after the otherwise 
        applicable effective date of the amendments. If the State has a 
        2-year legislative session, each year of the session is deemed 
        to be a separate regular session of the State legislature.

SEC. 153. <<NOTE: Schools Safely Acquiring Faculty Excellence Act of 
            2006. 42 USC 16962.>> SCHOOLS SAFE ACT.

    (a) Short Title.--This section may be cited as the ``Schools Safely 
Acquiring Faculty Excellence Act of 2006''.
    (b) In General.--The Attorney General of the United States shall, 
upon request of the chief executive officer of a State, conduct 
fingerprint-based checks of the national crime information databases (as 
defined in section 534(f)(3)(A) of title 28, United States Code as 
redesignated under subsection (e)) pursuant to a request submitted by--
            (1) a child welfare agency for the purpose of--
                    (A) conducting a background check required under 
                section 471(a)(20) of the Social Security Act on 
                individuals under consideration as prospective foster or 
                adoptive parents; or
                    (B) an investigation relating to an incident of 
                abuse or neglect of a minor; or
            (2) a private or public elementary school, a private or 
        public secondary school, a local educational agency, or State 
        educational agency in that State, on individuals employed by, 
        under consideration for employment by, or otherwise in a 
        position in which the individual would work with or around 
        children in the school or agency.

    (c) Fingerprint-Based Check.--Where possible, the check shall 
include a fingerprint-based check of State criminal history databases.
    (d) Fees.--The Attorney General and the States may charge any 
applicable fees for the checks.
    (e) Protection of Information.--An individual having information 
derived as a result of a check under subsection (b) may release that 
information only to appropriate officers of child welfare agencies, 
public or private elementary or secondary schools, or educational 
agencies or other persons authorized by law to receive that information.
    (f) Criminal Penalties.--An individual who knowingly exceeds the 
authority in subsection (b), or knowingly releases information in 
violation of subsection (e), shall be imprisoned not more than 10 years 
or fined under title 18, United States Code, or both.
    (g) Child Welfare Agency Defined.--In this section, the term ``child 
welfare agency'' means--
            (1) the State or local agency responsible for administering 
        the plan under part B or part E of title IV of the Social 
        Security Act; and
            (2) any other public agency, or any other private agency 
        under contract with the State or local agency responsible for 
        administering the plan under part B or part E of title IV of the 
        Social Security Act, that is responsible for the licensing or 
        approval of foster or adoptive parents.

    (h) Definition of Education Terms.--In this section, the terms 
``elementary school'', ``local educational agency'', ``secondary 
school'', and ``State educational agency'' have the meanings given
to those terms in section 9101 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801).
    (i) Technical Correction.--Section 534 of title 28, United States 
Code, is amended by redesignating the second subsection (e) as 
subsection (f).

SEC. 154. MISSING CHILD REPORTING REQUIREMENTS.

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

    (b) Definitions.--Section 403(1) of the Comprehensive Crime Control 
Act of 1984 (42 U.S.C. 5772) is amended by striking ``if'' through 
subparagraph (B) and inserting a semicolon.

SEC. 155. DNA FINGERPRINTING.

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

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

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

    Section 401 of the Controlled Substances Act (21 U.S.C. 841) is 
amended by adding at the end the following:
    ``(g) Internet Sales of Date Rape Drugs.--
            ``(1) Whoever knowingly uses the Internet to distribute a 
        date rape drug to any person, knowing or with reasonable cause 
        to believe that--
                    ``(A) the drug would be used in the commission of 
                criminal sexual conduct; or
                    ``(B) the person is not an authorized purchaser;
        shall be fined under this title or imprisoned not more than 20 
        years, or both.
            ``(2) As used in this subsection:
                    ``(A) The term `date rape drug' means--
                          ``(i) gamma hydroxybutyric acid (GHB) or any 
                      controlled substance analogue of GHB, including 
                      gamma butyrolactone (GBL) or 1,4-butanediol;
                          ``(ii) ketamine;
                          ``(iii) flunitrazepam; or
                          ``(iv) any substance which the Attorney 
                      General designates, pursuant to the rulemaking 
                      procedures prescribed by section 553 of title 5, 
                      United States Code, to be used in committing rape 
                      or sexual assault.
                The Attorney General is authorized to remove any 
                substance from the list of date rape drugs pursuant to 
                the same rulemaking authority.
                    ``(B) The term `authorized purchaser' means any of 
                the following persons, provided such person has acquired 
                the controlled substance in accordance with this Act:
                          ``(i) A person with a valid prescription that 
                      is issued for a legitimate medical purpose in the 
                      usual course of professional practice that is 
                      based upon a qualifying medical relationship by a 
                      practitioner registered by the Attorney General. A 
                      `qualifying medical relationship' means a medical 
                      relationship that exists when the practitioner has 
                      conducted at least 1 medical evaluation with the 
                      authorized purchaser in the physical presence of 
                      the practitioner, without regard to whether 
                      portions of the evaluation are conducted by other 
                      heath professionals. The preceding sentence shall 
                      not be construed to imply that 1 medical 
                      evaluation demonstrates that a prescription has 
                      been issued for a legitimate medical purpose 
                      within the usual course of professional practice.
                          ``(ii) Any practitioner or other registrant 
                      who is otherwise authorized by their registration 
                      to dispense, procure, purchase, manufacture, 
                      transfer, distribute, import, or export the 
                      substance under this Act.
                          ``(iii) A person or entity providing 
                      documentation that establishes the name, address, 
                      and business of the person or entity and which 
                      provides a legitimate purpose for using any `date 
                      rape drug' for which a prescription is not 
                      required.
            ``(3) <<NOTE: Regulations. Records. Reports.>> The Attorney 
        General is authorized to promulgate regulations for record-
        keeping and reporting by persons handling 1,4-butanediol in 
        order to implement and enforce the provisions of this section. 
        Any record or report required by such regulations shall be 
        considered a record or report required under this Act.''.

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

    Section 3559 of title 18, United States Code, is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:

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

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

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

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

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

SEC. 205. PENALTIES FOR SEXUAL ABUSE.

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

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

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

``Sec. 2245. Offenses resulting in death

    ``(a) In General.--A person who, in the course of an offense under 
this chapter, or section 1591, 2251, 2251A, 2260, 2421, 2422, 2423, or 
2425, murders an individual, shall be punished by death or imprisoned 
for any term of years or for life.''.
            (4) Death penalty aggravating factor.--Section 3592(c)(1) of 
        title 18, United States Code, is amended by inserting ``section 
        2245 (offenses resulting in death),'' after ``(wrecking 
        trains),''.

    (b) Sexual Exploitation and Other Abuse of Children.--
            (1) Sexual exploitation of children.--Section 2251(e) of 
        title 18, United States Code, is amended--
                    (A) by inserting ``section 1591,'' after ``this 
                chapter,'' the first place it appears;
                    (B) by striking ``the sexual exploitation of 
                children'' the first place it appears and inserting 
                ``aggravated sexual abuse, sexual abuse, abusive sexual 
                contact involving a minor or ward, or sex trafficking of 
                children, or the production, possession, receipt, 
                mailing, sale, distribution, shipment, or transportation 
                of child pornography''; and
                    (C) by striking ``any term of years or for life'' 
                and inserting ``not less than 30 years or for life''.
            (2) Activities relating to material involving the sexual 
        exploitation of children.--Section 2252(b) of title 18, United 
        States Code, is amended in paragraph (1)--
                    (A) by striking ``paragraphs (1)'' and inserting 
                ``paragraph (1)'';
                    (B) by inserting ``section 1591,'' after ``this 
                chapter,''; and
                    (C) by inserting ``, or sex trafficking of 
                children'' after ``pornography''.
            (3) Activities relating to material constituting or 
        containing child pornography.--Section 2252A(b) of title 18, 
        United States Code, is amended in paragraph (1)--
                    (A) by inserting ``section 1591,'' after ``this 
                chapter,''; and
                    (B) by inserting ``, or sex trafficking of 
                children'' after ``pornography''.
            (4) Using misleading domain names to direct children to 
        harmful material on the internet.--Section 2252B(b) of title 18, 
        United States Code, is amended by striking ``4'' and inserting 
        ``10''.
            (5) Extraterritorial child pornography offenses.--Section 
        2260(c) of title 18, United States Code, is amended to read as 
        follows:

    ``(c) Penalties.--
            ``(1) A person who violates subsection (a), or attempts or 
        conspires to do so, shall be subject to the penalties provided 
        in subsection (e) of section 2251 for a violation of that 
        section, including the penalties provided for such a violation 
        by a person with a prior conviction or convictions as described 
        in that subsection.
            ``(2) A person who violates subsection (b), or attempts or 
        conspires to do so, shall be subject to the penalties provided 
        in subsection (b)(1) of section 2252 for a violation of 
        paragraph (1), (2), or (3) of subsection (a) of that section, 
        including the penalties provided for such a violation by a 
        person with a prior conviction or convictions as described in 
        subsection (b)(1) of section 2252.''.

    (c) Mandatory Life Imprisonment for Certain Repeated Sex Offenses 
Against Children.--Section 3559(e)(2)(A) of title
18, United States Code, is amended by inserting ``1591 (relating to sex 
trafficking of children),'' after ``under section''.

SEC. 207. SEXUAL ABUSE OF WARDS.

    Chapter 109A of title 18, United States Code, is amended--
            (1) in section 2243(b), by striking ``five years'' and 
        inserting ``15 years''; and
            (2) <<NOTE: 18 USC 2241-2244.>> by inserting a comma after 
        ``Attorney General'' each place it appears.

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

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

SEC. 209. CHILD ABUSE REPORTING.

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

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

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

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

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

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

``Sec. 3299. Child abduction and sex offenses

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

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

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

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

SEC. 213. KIDNAPPING JURISDICTION.

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

SEC. 214. MARITAL COMMUNICATION AND ADVERSE SPOUSAL PRIVILEGE.

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

SEC. 215. ABUSE AND NEGLECT OF INDIAN CHILDREN.

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

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

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

         TITLE III--CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS

SEC. 301. <<NOTE: 42 USC 16971.>> JIMMY RYCE STATE CIVIL COMMITMENT 
            PROGRAMS FOR SEXUALLY DANGEROUS PERSONS.

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

    (d) Attorney General Reports.--Not later than January 31 of each 
year, beginning with 2008, the Attorney General shall submit to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives a report on the progress of 
jurisdictions in implementing this section and the rate of sexually 
violent offenses for each jurisdiction.
    (e) Definitions.--As used in this section:
            (1) The term ``civil commitment program'' means a program 
        that involves--
                    (A) secure civil confinement, including appropriate 
                control, care, and treatment during such confinement; 
                and
                    (B) appropriate supervision, care, and treatment for 
                individuals released following such confinement.
            (2) The term ``sexually dangerous person'' means a person 
        suffering from a serious mental illness, abnormality, or 
        disorder, as a result of which the individual would have serious 
        difficulty in refraining from sexually violent conduct or child 
        molestation.
            (3) The term ``jurisdiction'' has the meaning given such 
        term in section 111.

    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2007 through 2010.

SEC. 302. JIMMY RYCE CIVIL COMMITMENT PROGRAM.

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

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

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

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

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

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

    ``(f) Revocation of Conditional Discharge.--
The <<NOTE: Notification.>> 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. <<NOTE: Courts.>> The court shall, after a hearing, determine 
whether the person should be remanded to a suitable facility on the 
ground that he is sexually dangerous to others in light of his failure 
to comply with the prescribed regimen of medical, psychiatric, or 
psychological care or treatment.

    ``(g) Release to State of Certain Other Persons.--If the director of 
the facility in which a person is hospitalized or placed pursuant to 
this chapter certifies to the Attorney General that a person, against 
whom all charges have been dismissed for reasons
not related to the mental condition of the person, is a sexually 
dangerous person, the Attorney General shall release the person to the 
appropriate official of the State in which the person is domiciled or 
was tried for the purpose of institution of State proceedings for civil 
commitment. If neither such State will assume such responsibility, the 
Attorney General shall release the person upon receipt of notice from 
the State that it will not assume such responsibility, but not later 
than 10 days after certification by the director of the facility.''.

TITLE IV--IMMIGRATION LAW REFORMS TO PREVENT SEX OFFENDERS FROM ABUSING 
                                CHILDREN
SEC. 401. FAILURE TO REGISTER A DEPORTABLE OFFENSE.

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

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

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

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

                  TITLE V--CHILD PORNOGRAPHY PREVENTION

SEC. 501. <<NOTE: 18 USC 2251 note.>> FINDINGS.

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

SEC. 502. OTHER RECORD KEEPING REQUIREMENTS.

    (a) In General.--Section 2257 of title 18, United States Code, is 
amended--
            (1) in subsection (a), by inserting after ``videotape,'' the 
        following: ``digital image, digitally- or computer-manipulated 
        image of an actual human being, picture,'';
            (2) in subsection (e)(1), by adding at the end the 
        following: ``In this paragraph, the term `copy' includes every 
        page of a website on which matter described in subsection (a) 
        appears.'';
            (3) in subsection (f), by--
                    (A) in paragraph (3), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (4), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) for any person to whom subsection (a) applies to 
        refuse to permit the Attorney General or his or her designee to 
        conduct an inspection under subsection (c).''; and
            (4) by striking subsection (h) and inserting the following:

    ``(h) In this section--
            ``(1) the term `actual sexually explicit conduct' means 
        actual but not simulated conduct as defined in clauses (i) 
        through (v) of section 2256(2)(A) of this title;
            ``(2) the term `produces'--
                    ``(A) means--
                          ``(i) actually filming, videotaping, 
                      photographing, creating a picture, digital image, 
                      or digitally- or computer-manipulated image of an 
                      actual human being;
                          ``(ii) digitizing an image, of a visual 
                      depiction of sexually explicit conduct; or, 
                      assembling, manufacturing, publishing, 
                      duplicating, reproducing, or reissuing a book, 
                      magazine, periodical, film, videotape, digital 
                      image, or picture, or other matter intended for 
                      commercial distribution, that contains a visual 
                      depiction of sexually explicit conduct; or
                          ``(iii) inserting on a computer site or 
                      service a digital image of, or otherwise managing 
                      the sexually explicit content, of a computer site 
                      or service that contains a visual depiction of, 
                      sexually explicit conduct; and
                    ``(B) does not include activities that are limited 
                to--
                          ``(i) photo or film processing, including 
                      digitization of previously existing visual 
                      depictions, as part of a commercial enterprise, 
                      with no other commercial interest in the sexually 
                      explicit material, printing, and video 
                      duplication;
                          ``(ii) distribution;
                          ``(iii) any activity, other than those 
                      activities identified in subparagraph (A), that 
                      does not involve the hiring, contracting for, 
                      managing, or otherwise arranging for the 
                      participation of the depicted performers;
                          ``(iv) the provision of a telecommunications 
                      service, or of an Internet access service or 
                      Internet information location tool (as those terms 
                      are defined in section 231 of the Communications 
                      Act of 1934 (47 U.S.C. 231)); or
                          ``(v) the transmission, storage, retrieval, 
                      hosting, formatting, or translation (or any 
                      combination thereof) of a communication, without 
                      selection or alteration of the content of the 
                      communication, except that deletion of a 
                      particular communication or material made by 
                      another person in a manner consistent with section 
                      230(c) of the Communications Act of 1934 (47 
                      U.S.C. 230(c)) shall not constitute such selection 
                      or alteration of the content of the communication; 
                      and
            ``(3) the term `performer' includes any person portrayed in 
        a visual depiction engaging in, or assisting another person to 
        engage in, sexually explicit conduct.''.

    (b) <<NOTE: 18 USC 2257 note.>> Construction.--The provisions of 
section 2257 shall not apply to any depiction of actual sexually 
explicit conduct as described in clause (v) of section 2256(2)(A) of 
title 18, United States Code, produced in whole or in part, prior to the 
effective date of this section unless that depiction also includes 
actual sexually explicit conduct as described in clauses (i) through 
(iv) of section 2256(2)(A) of title 18, United States Code.

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

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

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

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

shall create and maintain individually identifiable records pertaining 
to every performer portrayed in such a visual depiction.
    ``(b) Any person to whom subsection (a) applies shall, with respect 
to every performer portrayed in a visual depiction of simulated sexually 
explicit conduct--
            ``(1) ascertain, by examination of an identification 
        document containing such information, the performer's name and 
        date of birth, and require the performer to provide such other 
        indicia of his or her identity as may be prescribed by 
        regulations;
            ``(2) ascertain any name, other than the performer's present 
        and correct name, ever used by the performer including maiden 
        name, alias, nickname, stage, or professional name; and
            ``(3) record in the records required by subsection (a) the 
        information required by paragraphs (1) and (2) and such other 
        identifying information as may be prescribed by regulation.

    ``(c) Any person to whom subsection (a) applies shall maintain the 
records required by this section at their business premises, or at such 
other place as the Attorney General may by regulation prescribe and 
shall make such records available to the Attorney General for inspection 
at all reasonable times.
    ``(d)(1) No information or evidence obtained from records required 
to be created or maintained by this section shall, except
as provided in this section, directly or indirectly, be used as evidence 
against any person with respect to any violation of law.
    ``(2) Paragraph (1) shall not preclude the use of such information 
or evidence in a prosecution or other action for a violation of this 
chapter or chapter 71, or for a violation of any applicable provision of 
law with respect to the furnishing of false information.
    ``(e)(1) <<NOTE: Regulations.>> Any person to whom subsection (a) 
applies shall cause to be affixed to every copy of any matter described 
in subsection (a)(1) in such manner and in such form as the Attorney 
General shall by regulations prescribe, a statement describing where the 
records required by this section with respect to all performers depicted 
in that copy of the matter may be located. In this paragraph, the term 
`copy' includes every page of a website on which matter described in 
subsection (a) appears.

    ``(2) If the person to whom subsection (a) applies is an 
organization the statement required by this subsection shall include the 
name, title, and business address of the individual employed by such 
organization responsible for maintaining the records required by this 
section.
    ``(f) It shall be unlawful--
            ``(1) for any person to whom subsection (a) applies to fail 
        to create or maintain the records as required by subsections (a) 
        and (c) or by any regulation promulgated under this section;
            ``(2) for any person to whom subsection (a) applies 
        knowingly to make any false entry in or knowingly to fail to 
        make an appropriate entry in, any record required by subsection 
        (b) or any regulation promulgated under this section;
            ``(3) for any person to whom subsection (a) applies 
        knowingly to fail to comply with the provisions of subsection 
        (e) or any regulation promulgated pursuant to that subsection; 
        or
            ``(4) for any person knowingly to sell or otherwise 
        transfer, or offer for sale or transfer, any book, magazine, 
        periodical, film, video, or other matter, produced in whole or 
        in part with materials which have been mailed or shipped in 
        interstate or foreign commerce or which is intended for shipment 
        in interstate or foreign commerce, that--
                    ``(A) contains 1 or more visual depictions made 
                after the date of enactment of this subsection of 
                simulated sexually explicit conduct; and
                    ``(B) is produced in whole or in part with materials 
                which have been mailed or shipped in interstate or 
                foreign commerce, or is shipped or transported or is 
                intended for shipment or transportation in interstate or 
                foreign commerce;
        which does not have affixed thereto, in a manner prescribed as 
        set forth in subsection (e)(1), a statement describing where the 
        records required by this section may be located, but such person 
        shall have no duty to determine the accuracy of the contents of 
        the statement or the records required to be kept.
            ``(5) for any person to whom subsection (a) applies to 
        refuse to permit the Attorney General or his or her designee to 
        conduct an inspection under subsection (c).

    ``(g) As used in this section, the terms `produces' and `performer' 
have the same meaning as in section 2257(h) of this title.
    ``(h)(1) The provisions of this section and section 2257 shall not 
apply to matter, or any image therein, containing one or more
visual depictions of simulated sexually explicit conduct, or actual 
sexually explicit conduct as described in clause (v) of section 
2256(2)(A), if such matter--
            ``(A)(i) is intended for commercial distribution;
            ``(ii) is created as a part of a commercial enterprise by a 
        person who certifies to the Attorney General that such person 
        regularly and in the normal course of business collects and 
        maintains individually identifiable information regarding all 
        performers, including minor performers, employed by that person, 
        pursuant to Federal and State tax, labor, and other laws, labor 
        agreements, or otherwise pursuant to industry standards, where 
        such information includes the name, address, and date of birth 
        of the performer; and
            ``(iii) is not produced, marketed or made available by the 
        person described in clause (ii) to another in circumstances such 
        than an ordinary person would conclude that the matter contains 
        a visual depiction that is child pornography as defined in 
        section 2256(8); or
            ``(B)(i) is subject to the authority and regulation of the 
        Federal Communications Commission acting in its capacity to 
        enforce section 1464 of this title, regarding the broadcast of 
        obscene, indecent or profane programming; and
            ``(ii) is created as a part of a commercial enterprise by a 
        person who certifies to the Attorney General that such person 
        regularly and in the normal course of business collects and 
        maintains individually identifiable information regarding all 
        performers, including minor performers, employed by that person, 
        pursuant to Federal and State tax, labor, and other laws, labor 
        agreements, or otherwise pursuant to industry standards, where 
        such information includes the name, address, and date of birth 
        of the performer.

    ``(2) Nothing in subparagraphs (A) and (B) of paragraph (1) shall be 
construed to exempt any matter that contains any visual depiction that 
is child pornography, as defined in section 2256(8), or is actual 
sexually explicit conduct within the definitions in clauses (i) through 
(iv) of section 2256(2)(A).
    ``(i)(1) <<NOTE: Penalties.>> Whoever violates this section shall be 
imprisoned for not more than 1 year, and fined in accordance with the 
provisions of this title, or both.

    ``(2) Whoever violates this section in an effort to conceal a 
substantive offense involving the causing, transporting, permitting or 
offering or seeking by notice or advertisement, a minor to engage in 
sexually explicit conduct for the purpose of producing a visual 
depiction of such conduct in violation of this title, or to conceal a 
substantive offense that involved trafficking in material involving the 
sexual exploitation of a minor, including receiving, transporting, 
advertising, or possessing material involving the sexual exploitation of 
a minor with intent to traffic, in violation of this title, shall be 
imprisoned for not more than 5 years and fined in accordance with the 
provisions of this title, or both.
    ``(3) Whoever violates paragraph (2) after having been previously 
convicted of a violation punishable under that paragraph shall be 
imprisoned for any period of years not more than 10 years but not less 
than 2 years, and fined in accordance with the provisions of this title, 
or both.
    ``The <<NOTE: Effective date. Federal Register, 
publication.>> provisions of this section shall not become effective 
until 90 days after the final regulations implementing this section are

published in the Federal Register. The provisions of this section shall 
not apply to any matter, or image therein, produced, in whole or in 
part, prior to the effective date of this section.
    ``(k) <<NOTE: Deadline. Reports.>> On an annual basis, the Attorney 
General shall submit a report to Congress--
            ``(1) concerning the enforcement of this section and section 
        2257 by the Department of Justice during the previous 12-month 
        period; and
            ``(2) including--
                    ``(A) the number of inspections undertaken pursuant 
                to this section and section 2257;
                    ``(B) the number of open investigations pursuant to 
                this section and section 2257;
                    ``(C) the number of cases in which a person has been 
                charged with a violation of this section and section 
                2257; and
                    ``(D) for each case listed in response to 
                subparagraph (C), the name of the lead defendant, the 
                federal district in which the case was brought, the 
                court tracking number, and a synopsis of the violation 
                and its disposition, if any, including settlements, 
                sentences, recoveries and penalties.''.

    (b) Chapter Analysis.--The chapter analysis for chapter 110 of title 
18, United States Code, is amended by inserting after the item for 
section 2257 the following:

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

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

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

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

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

    ``(b) <<NOTE: Applicability.>> The provisions of section 413 of the 
Controlled Substances Act (21 U.S.C. 853), with the exception of 
subsections (a) and (d), shall apply to the criminal forfeiture of 
property pursuant to subsection (a).

    ``(c) Any property subject to forfeiture pursuant to subsection (a) 
may be forfeited to the United States in a civil case in accordance with 
the procedures set forth in chapter 46 of this title.''.
    (b) Property Subject to Criminal Forfeiture.--Section 2253(a) of 
title 18, United States Code, is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by inserting ``or who is convicted of an offense 
                under section 2252B of this chapter,'' after ``2260 of 
                this chapter''; and
                    (B) by striking ``an offense under section 2421, 
                2422, or 2423 of chapter 117'' and inserting ``an 
                offense under chapter 109A'';
            (2) in paragraph (1), by inserting ``2252A, 2252B, or 2260'' 
        after ``2252''; and
            (3) in paragraph (3), by inserting ``or any property 
        traceable to such property'' before the period.

    (c) Criminal Forfeiture Procedure.--Section 2253 of title 18, United 
States Code, is amended by striking subsections (b) through (o) and 
inserting the following:
    ``(b) <<NOTE: Applicability.>> Section 413 of the Controlled 
Substances Act (21 U.S.C. 853) with the exception of subsections (a) and 
(d), applies to the criminal forfeiture of property pursuant to 
subsection (a).''.

    (d) Civil Forfeiture.--Section 2254 of title 18, United States Code, 
is amended to read as follows:

``Sec. 2254. Civil forfeiture

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

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

    (a) Section 1465.--Section 1465 of title 18 of the United States 
Code is amended--
            (1) by inserting ``production and'' before 
        ``transportation'' in the heading of the section;
            (2) by inserting ``produces with the intent to transport, 
        distribute, or transmit in interstate or foreign commerce, or 
        whoever knowingly'' after ``whoever knowingly'' and before 
        ``transports or travels in''; and
            (3) by inserting a comma after ``in or affecting such 
        commerce''.

    (b) Section 1466.--Section 1466 of title 18 of the United States 
Code is amended--
            (1) in subsection (a), by inserting ``producing with intent 
        to distribute or sell, or'' before ``selling or transferring 
        obscene matter,'';
            (2) in subsection (b), by inserting, ``produces'' before 
        ``sells or transfers or offers to sell or transfer obscene 
        matter''; and
            (3) in subsection (b) by inserting ``production,'' before 
        ``selling or transferring or offering to sell or transfer such 
        material.''.

SEC. 507. GUARDIANS AD LITEM.

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

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

Subtitle <<NOTE: Mentoring Matches for Youth Act of 2006.>> A--Mentoring 
Matches for Youth Act

SEC. 601. <<NOTE: 42 USC 5611 note.>> SHORT TITLE.

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

SEC. 602. <<NOTE: 42 USC 5611 note.>> FINDINGS.

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

SEC. 603. <<NOTE: 42 USC 5611 note.>> GRANT PROGRAM FOR EXPANDING BIG 
            BROTHERS BIG SISTERS MENTORING PROGRAM.

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

SEC. 604. <<NOTE: 42 USC 5611 note.>> BIANNUAL REPORT.

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

SEC. 605. <<NOTE: 42 USC 5611 note.>> AUTHORIZATION OF APPROPRIATIONS.

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

   Subtitle <<NOTE: National Police Athletic League Youth Enrichment 
  Reauthorization Act of 2006. 42 USC 13701 note.>> B--National Police 
Athletic League Youth Enrichment Act

SEC. 611. SHORT TITLE.

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

SEC. 612. FINDINGS.

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

SEC. 613. PURPOSE.

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

SEC. 614. GRANTS AUTHORIZED.

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

SEC. 615. USE OF FUNDS.

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

SEC. 616. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 617. NAME OF LEAGUE.

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

            Subtitle C--Grants, Studies, and Other Provisions

SEC. 621. <<NOTE: 42 USC 16981.>> PILOT PROGRAM FOR MONITORING SEXUAL 
            OFFENDERS.

    (a) Sex Offender Monitoring Program.--
            (1) Grants authorized.--
                    (A) In general.--The Attorney General is authorized 
                to award grants (referred to as ``Jessica Lunsford and 
                Sarah Lunde Grants'') to States, local governments, and 
                Indian tribal governments to assist in--
                          (i) carrying out programs to outfit sex 
                      offenders with electronic monitoring units; and
                          (ii) the employment of law enforcement 
                      officials necessary to carry out such programs.
                    (B) Duration.--The Attorney General shall award 
                grants under this section for a period not to exceed 3 
                years.
                    (C) Minimum standards.--The electronic monitoring 
                units used in the pilot program shall at a minimum--
                          (i) provide a single-unit tracking device for 
                      each offender that--
                                    (I) contains a central processing 
                                unit with global positioning system and 
                                cellular technology in a single unit; 
                                and
                                    (II) provides two- and three-way 
                                voice communication; and
                          (ii) permit active, real-time, and continuous 
                      monitoring of offenders 24 hours a day.
            (2) Application.--
                    (A) In general.--Each State, local government, or 
                Indian tribal government desiring a grant under this 
                section shall submit an application to the Attorney 
                General at such time, in such manner, and accompanied by 
                such information as the Attorney General may reasonably 
                require.
                    (B) Contents.--Each application submitted pursuant 
                to subparagraph (A) shall--
                          (i) describe the activities for which 
                      assistance under this section is sought; and
                          (ii) provide such additional assurances as the 
                      Attorney General determines to be essential to 
                      ensure compliance with the requirements of this 
                      section.

    (b) Innovation.--In making grants under this section, the Attorney 
General shall ensure that different approaches to monitoring are funded 
to allow an assessment of effectiveness.
    (c) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        $5,000,000 for each of the fiscal years 2007 through 2009 to 
        carry out this section.
            (2) Report.--Not later than September 1, 2010, the Attorney 
        General shall report to Congress--
                    (A) assessing the effectiveness and value of this 
                section;
                    (B) comparing the cost effectiveness of the 
                electronic monitoring to reduce sex offenses compared to 
                other alternatives; and
                    (C) making recommendations for continuing funding 
                and the appropriate levels for such funding.

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

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

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

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

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

``SEC. 3011. <<NOTE: 42 USC 3797ee.>> SEX OFFENDER APPREHENSION GRANTS.

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

    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for fiscal years 2007 through 
2009 to carry out this part.

``SEC. 3012. <<NOTE: 42 USC 3797ee-1.>> JUVENILE SEX OFFENDER TREATMENT 
            GRANTS.

    ``(a) Authority To Make Juvenile Sex Offender Treatment Grants.--
            ``(1) In general.--From amounts made available to carry out 
        this part, the Attorney General may make grants to units of 
        local government, Indian tribal governments, correctional 
        facilities, other public and private entities, and 
        multijurisdictional or regional consortia thereof for activities 
        specified in paragraph (2).
            ``(2) Covered activities.--An activity referred to in 
        paragraph (1) is any program, project, or other activity to 
        assist in the treatment of juvenile sex offenders.

    ``(b) Juvenile Sex Offender Defined.--For purposes of this section, 
the term `juvenile sex offender' is a sex offender who had not attained 
the age of 18 years at the time of his or her offense.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of fiscal years 2007 through 2009 to 
carry out this part.''.

SEC. 624. <<NOTE: 42 USC 16982.>> ASSISTANCE FOR PROSECUTION OF CASES 
            CLEARED THROUGH USE OF DNA BACKLOG CLEARANCE FUNDS.

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

SEC. 625. <<NOTE: 42 USC 16983.>> GRANTS TO COMBAT SEXUAL ABUSE OF 
            CHILDREN.

    (a) In General.--The Bureau of Justice Assistance is authorized to 
make grants under this section--
            (1) to any law enforcement agency that serves a jurisdiction 
        with 50,000 or more residents; and
            (2) to any law enforcement agency that serves a jurisdiction 
        with fewer than 50,000 residents, upon a showing of need.

    (b) Use of Grant Amounts.--Grants under this section may be used by 
the law enforcement agency to--
            (1) hire additional law enforcement personnel or train 
        existing staff to combat the sexual abuse of children through 
        community education and outreach, investigation of complaints, 
        enforcement of laws relating to sex offender registries, and 
        management of released sex offenders;
            (2) investigate the use of the Internet to facilitate the 
        sexual abuse of children; and
            (3) purchase computer hardware and software necessary to 
        investigate sexual abuse of children over the Internet, access 
        local, State, and Federal databases needed to apprehend sex 
        offenders, and facilitate the creation and enforcement of sex 
        offender registries.

    (c) Criteria.--The Attorney General shall give priority to law 
enforcement agencies making a showing of need.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for fiscal years 2007 through 
2009 to carry out this section.

SEC. 626. CRIME PREVENTION CAMPAIGN GRANT.

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

                 ``CHAPTER 4--GRANTS TO PRIVATE ENTITIES

``SEC. 519. <<NOTE: 42 USC 3765.>> CRIME PREVENTION CAMPAIGN GRANT.

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

    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) for fiscal year 2007, $7,000,000;
            ``(2) for fiscal year 2008, $8,000,000;
            ``(3) for fiscal year 2009, $9,000,000; and
            ``(4) for fiscal year 2010, $10,000,000.''.

SEC. 627. <<NOTE: 42 USC 16984.>> GRANTS FOR FINGERPRINTING PROGRAMS FOR 
            CHILDREN.

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

    (c) Limitation.--Fingerprints of a child derived from a program 
funded under this section--
            (1) may be released only to a parent or guardian of the 
        child; and
            (2) may not be copied or retained by any Federal, State, 
        local, or tribal law enforcement officer unless written 
        permission is given by the parent or guardian.

    (d) Criminal Penalty.--Any person who uses the fingerprints of a 
child derived from a program funded under this section for any purpose 
other than the purpose described in subsection (c)(1) shall be subject 
to imprisonment for not more than 1 year, a fine under title 18, United 
States Code, or both.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated $20,000,000 to carry out this section for the 5-year period 
beginning on the first day of fiscal year 2007.

SEC. 628. <<NOTE: 42 USC 16985.>> GRANTS FOR RAPE, ABUSE & INCEST 
            NATIONAL NETWORK.

    (a) Findings.--Congress finds as follows:
            (1) More than 200,000 Americans each year are victims of 
        sexual assault, according to the Department of Justice.
            (2) In 2004, 1 American was sexually assaulted every 2.5 
        minutes.
            (3) One of every 6 women, and 1 of every 133 men, in America 
        has been the victim of a completed or attempted rape, according 
        to the Department of Justice.
            (4) The Federal Bureau of Investigation ranks rape second in 
        the hierarchy of violent crimes for its Uniform Crime Reports, 
        trailing only murder.
            (5) The Federal Government, through the Victims of Crime 
        Act, Violence Against Women Act, and other laws, has long played 
        a role in providing services to sexual assault victims and in 
        seeking policies to increase the number of rapists brought to 
        justice.
            (6) Research suggests that sexual assault victims who 
        receive counseling support are more likely to report their 
        attack to the police and to participate in the prosecution of 
        the offender.
            (7) Due in part to the combined efforts of law enforcement 
        officials at the local, State, and Federal level, as well as the 
        efforts of the Rape, Abuse & Incest National Network (RAINN) and 
        its affiliated rape crisis centers across the United States, 
        sexual violence in America has fallen by more than half since 
        1994.
            (8) RAINN, a 501(c)(3) nonprofit corporation headquartered 
        in the District of Columbia, has since 1994 provided help to 
        victims of sexual assault and educated the public about sexual 
        assault prevention, prosecution, and recovery.
            (9) RAINN established and continues to operate the National 
        Sexual Assault Hotline, a free, confidential telephone hotline 
        that provides help, 24 hours a day, to victims nationally.
            (10) More than 1,100 local rape crisis centers in the 50 
        States and the District of Columbia partner with RAINN and are 
        members of the National Sexual Assault Hotline network
        (which has helped more than 970,000 people since its inception 
        in 1994).
            (11) To better serve victims of sexual assault, 80 percent 
        of whom are under age 30 and 44 percent of whom are under age 
        18, RAINN will soon launch the National Sexual Assault Online 
        Hotline, the web's first secure hotline service offering live 
        help 24 hours a day.
            (12) Congress and the Department of Justice have given RAINN 
        funding to conduct its crucial work.
            (13) RAINN is a national model of public/private 
        partnership, raising private sector funds to match congressional 
        appropriations and receiving extensive private in-kind support, 
        including advanced technology provided by the communications and 
        technology industries to launch the National Sexual Assault 
        Hotline and the National Sexual Assault Online Hotline.
            (14) Worth magazine selected RAINN as one of ``America's 100 
        Best Charities'', in recognition of the organization's 
        ``efficiency and effectiveness.''.
            (15) In fiscal year 2005, RAINN spent more than 91 cents of 
        every dollar received directly on program services.
            (16) The demand for RAINN's services is growing 
        dramatically, as evidenced by the fact that, in 2005, the 
        National Sexual Assault Hotline helped 137,039 people, an all-
        time record.
            (17) The programs sponsored by RAINN and its local 
        affiliates have contributed to the increase in the percentage of 
        victims who report their rape to law enforcement.
            (18) According to a recent poll, 92 percent of American 
        women said that fighting sexual and domestic violence should be 
        a top public policy priority (a higher percentage than chose 
        health care, child care, or any other issue).
            (19) Authorizing Federal funds for RAINN's national programs 
        would promote continued progress with this interstate problem 
        and would make a significant difference in the prosecution of 
        rapists and the overall incidence of sexual violence.

    (b) Duties and Functions of the Administrator.--
            (1) Description of activities.--The Administrator shall--
                    (A) <<NOTE: Regulations.>> issue such rules as the 
                Administrator considers necessary or appropriate to 
                carry out this section;
                    (B) make such arrangements as may be necessary and 
                appropriate to facilitate effective coordination among 
                all Federally funded programs relating to victims of 
                sexual assault; and
                    (C) provide adequate staff and agency resources 
                which are necessary to properly carry out the 
                responsibilities pursuant to this section.
            (2) Annual grant to rape, abuse & incest national network.--
        The Administrator shall annually make a grant to RAINN, which 
        shall be used for the performance of the organization's national 
        programs, which may include--
                    (A) operation of the National Sexual Assault 
                Hotline, a 24-hour toll-free telephone line by which 
                individuals may receive help and information from 
                trained volunteers;
                    (B) operation of the National Sexual Assault Online 
                Hotline, a 24-hour free online service by which 
                individuals may receive help and information from 
                trained volunteers;
                    (C) education of the media, the general public, and 
                populations at risk of sexual assault about the 
                incidence of sexual violence and sexual violence 
                prevention, prosecution, and recovery;
                    (D) dissemination, on a national basis, of 
                information relating to innovative and model programs, 
                services, laws, legislation, and policies that benefit 
                victims of sexual assault; and
                    (E) provision of technical assistance to law 
                enforcement agencies, State and local governments, the 
                criminal justice system, public and private nonprofit 
                agencies, and individuals in the investigation and 
                prosecution of cases involving victims of sexual 
                assault.

    (c) Definitions.--For the purposes of this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Office of Juvenile Justice and Delinquency 
        Prevention.
            (2) Rainn.--The term ``RAINN'' means the Rape, Abuse & 
        Incest National Network, a 501(c)(3) nonprofit corporation 
        headquartered in the District of Columbia.

    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section, $3,000,000 
for each of fiscal years 2007 through 2010.

SEC. 629. <<NOTE: 42 USC 16986.>> CHILDREN'S SAFETY ONLINE AWARENESS 
            CAMPAIGNS.

    (a) Awareness Campaign for Children's Safety Online.--
            (1) In general.--The Attorney General, in consultation with 
        the National Center for Missing and Exploited Children, is 
        authorized to develop and carry out a public awareness campaign 
        to demonstrate, explain, and encourage children, parents, and 
        community leaders to better protect children when such children 
        are on the Internet.
            (2) Required components.--The public awareness campaign 
        described under paragraph (1) shall include components that 
        compliment and reinforce the campaign message in a variety of 
        media, including the Internet, television, radio, and 
        billboards.

    (b) Awareness Campaign Regarding the Accessibility and Utilization 
of Sex Offender Registries.--The Attorney General, in consultation with 
the National Center for Missing and Exploited Children, is authorized to 
develop and carry out a public awareness campaign to demonstrate, 
explain, and encourage parents and community leaders to better access 
and utilize the Federal and State sex offender registries.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
fiscal years 2007 through 2011.

SEC. 630. <<NOTE: 42 USC 16987.>> GRANTS FOR ONLINE CHILD SAFETY 
            PROGRAMS.

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

SEC. 631. <<NOTE: 42 USC 16988.>> JESSICA LUNSFORD ADDRESS VERIFICATION 
            GRANT PROGRAM.

    (a) Establishment.--There is established the Jessica Lunsford 
Address Verification Grant Program (hereinafter in this section referred 
to as the ``Program'').
    (b) Grants Authorized.--Under the Program, the Attorney General is 
authorized to award grants to State, local governments, and Indian 
tribal governments to assist in carrying out programs requiring an 
appropriate official to verify, at appropriate intervals, the residence 
of all or some registered sex offenders.
    (c) Application.--
            (1) In general.--Each State or local government seeking a 
        grant under this section shall submit an application to the 
        Attorney General at such time, in such manner, and accompanied 
        by such information as the Attorney General may reasonably 
        require.
            (2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                    (A) describe the activities for which assistance 
                under this section is sought; and
                    (B) provide such additional assurances as the 
                Attorney General determines to be essential to ensure 
                compliance with the requirements of this section.

    (d) Innovation.--In making grants under this section, the Attorney 
General shall ensure that different approaches to address verification 
are funded to allow an assessment of effectiveness.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated for 
        each of the fiscal years 2007 through 2009 such sums as may be 
        necessary to carry out this section.
            (2) Report.--Not later than April 1, 2009, the Attorney 
        General shall report to Congress--
                    (A) assessing the effectiveness and value of this 
                section;
                    (B) comparing the cost effectiveness of address 
                verification to reduce sex offenses compared to other 
                alternatives; and
                    (C) making recommendations for continuing funding 
                and the appropriate levels for such funding.

SEC. 632. <<NOTE: 42 USC 16989.>> FUGITIVE SAFE SURRENDER.

    (a) Findings.--Congress finds the following:
            (1) Fugitive Safe Surrender is a program of the United 
        States Marshals Service, in partnership with public, private, 
        and faith-based organizations, which temporarily transforms a 
        church into a courthouse, so fugitives can turn themselves in, 
        in an atmosphere where they feel more comfortable to do so, and 
        have nonviolent cases adjudicated immediately.
            (2) In the 4-day pilot program in Cleveland, Ohio, over 800 
        fugitives turned themselves in. By contrast, a successful 
        Fugitive Task Force sweep, conducted for 3 days after Fugitive 
        Safe Surrender, resulted in the arrest of 65 individuals.
            (3) Fugitive Safe Surrender is safer for defendants, law 
        enforcement, and innocent bystanders than needing to conduct a 
        sweep.
            (4) Based upon the success of the pilot program, Fugitive 
        Safe Surrender should be expanded to other cities throughout the 
        United States.

    (b) Establishment.--The United States Marshals Service shall 
establish, direct, and coordinate a program (to be known as the 
``Fugitive Safe Surrender Program''), under which the United States 
Marshals Service shall apprehend Federal, State, and local fugitives in 
a safe, secure, and peaceful manner to be coordinated with law 
enforcement and community leaders in designated cities throughout the 
United States.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the United States Marshals Service to carry out this 
section--
            (1) $3,000,000 for fiscal year 2007;
            (2) $5,000,000 for fiscal year 2008; and
            (3) $8,000,000 for fiscal year 2009.

    (d) Other Existing Applicable Law.--Nothing in this section shall be 
construed to limit any existing authority under any other provision of 
Federal or State law for law enforcement agencies to locate or apprehend 
fugitives through task forces or any other means.

SEC. 633. <<NOTE: 42 USC 16990.>> NATIONAL REGISTRY OF SUBSTANTIATED 
            CASES OF CHILD ABUSE.

    (a) In General.--The Secretary of Health and Human Services, in 
consultation with the Attorney General, shall create a national registry 
of substantiated cases of child abuse or neglect.
    (b) Information.--
            (1) Collection.--The information in the registry described 
        in subsection (a) shall be supplied by States and Indian tribes, 
        or, at the option of a State, by political subdivisions of such 
        State, to the Secretary of Health and Human Services.
            (2) Type of information.--The registry described in 
        subsection (a) shall collect in a central electronic registry 
        information on persons reported to a State, Indian tribe, or 
        political subdivision of a State as perpetrators of a 
        substantiated case of child abuse or neglect.

    (c) Scope of Information.--
            (1) In general.--
                    (A) Treatment of reports.--The information to be 
                provided to the Secretary of Health and Human Services 
                under this section shall relate to substantiated reports 
                of child abuse or neglect.
                    (B) Exception.--If a State, Indian tribe, or 
                political subdivision of a State has an electronic 
                register of cases of child abuse or neglect equivalent 
                to the registry established under this section that it 
                maintains pursuant to a requirement or authorization 
                under any other provision of law, the information 
                provided to the Secretary of Health and Human Services 
                under this section shall be coextensive with that in 
                such register.
            (2) Form.--Information provided to the Secretary of Health 
        and Human Services under this section--
                    (A) <<NOTE: Electronic information.>> shall be in a 
                standardized electronic form determined by the Secretary 
                of Health and Human Services; and
                    (B) shall contain case-specific identifying 
                information that is limited to the name of the 
                perpetrator and the nature of the substantiated case of 
                child abuse or neglect, and that complies with clauses 
                (viii) and (ix) of section 106(b)(2)(A) of the Child 
                Abuse Prevention and Treatment Act (42 U.S.C. 
                5106(b)(2)(A) (viii) and (ix)).

    (d) Construction.--This section shall not be construed to require a 
State, Indian tribe, or political subdivision of a State to modify--
            (1) an equivalent register of cases of child abuse or 
        neglect that it maintains pursuant to a requirement or 
        authorization under any other provision of law; or
            (2) any other record relating to child abuse or neglect, 
        regardless of whether the report of abuse or neglect was 
        substantiated, unsubstantiated, or determined to be unfounded.

    (e) Accessibility.--Information contained in the national registry 
shall only be accessible to any Federal, State, Indian tribe, or local 
government entity, or any agent of such entities, that has a need for 
such information in order to carry out its responsibilities under law to 
protect children from child abuse and neglect.
    (f) Dissemination.--The <<NOTE: Regulations.>> Secretary of Health 
and Human Services shall establish standards for the dissemination of 
information in the national registry of substantiated cases of child 
abuse or neglect. Such standards shall comply with clauses (viii) and 
(ix) of section 106(b)(2)(A) of the Child Abuse Prevention and Treatment 
Act (42 U.S.C. 5106(b)(2)(A) (viii) and (ix)).

    (g) Study.--
            (1) In general.--The Secretary of Health and Human Services 
        shall conduct a study on the feasibility of establishing data 
        collection standards for a national child abuse and neglect 
        registry with recommendations and findings concerning--
                    (A) costs and benefits of such data collection 
                standards;
                    (B) data collection standards currently employed by 
                each State, Indian tribe, or political subdivision of a 
                State;
                    (C) data collection standards that should be 
                considered to establish a model of promising practices; 
                and
                    (D) a due process procedure for a national registry.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        submit to the Committees on the Judiciary in the House of 
        Representatives and the United States Senate and the Senate 
        Committee on Health, Education, Labor and Pensions and the House 
        Committee on Education and the Workforce a report containing the 
        recommendations and findings of the study on data collection 
        standards for a national child abuse registry authorized under 
        this subsection.
            (3) Authorization of appropriations.--There is authorized to 
        be appropriated $500,000 for the period of fiscal years 2006 and 
        2007 to carry out the study required by this subsection.

SEC. 634. COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES.

    (a) In General.--The National Institute of Justice shall conduct a 
comprehensive study to examine the control, prosecution,
treatment, and monitoring of sex offenders, with a particular focus on--
            (1) the effectiveness of the Sex Offender Registration and 
        Notification Act in increasing compliance with sex offender 
        registration and notification requirements, and the costs and 
        burdens associated with such compliance;
            (2) the effectiveness of sex offender registration and 
        notification requirements in increasing public safety, and the 
        costs and burdens associated with such requirements;
            (3) the effectiveness of public dissemination of sex 
        offender information on the Internet in increasing public 
        safety, and the costs and burdens associated with such 
        dissemination; and
            (4) the effectiveness of treatment programs in reducing 
        recidivism among sex offenders, and the costs and burdens 
        associated with such programs.

    (b) Recommendations.--The study described in subsection (a) shall 
include recommendations for reducing the number of sex crimes against 
children and adults and increasing the effectiveness of registration 
requirements.
    (c) Reports.--
            (1) In general.--Not later than 5 years after the date of 
        enactment of this Act, the National Institute of Justice shall 
        report the results of the study conducted under subsection (a) 
        together with findings to Congress, through the Internet to the 
        public, to each of the 50 governors, to the Mayor of the 
        District of Columbia, to territory heads, and to the top 
        official of the various Indian tribes.
            (2) Interim reports.--The National Institute of Justice 
        shall submit yearly interim reports.

    (d) Appropriations.--There are authorized to be appropriated 
$3,000,000 to carry out this section.

SEC. 635. <<NOTE: 42 USC 16991.>> ANNUAL REPORT ON ENFORCEMENT OF 
            REGISTRATION REQUIREMENTS.

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

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

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

SEC. 637. SEX OFFENDER RISK CLASSIFICATION STUDY.

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

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

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

    (a) Study.--The Attorney General shall conduct a study to evaluate 
the effectiveness of monitoring and restricting the activities of sex 
offenders to reduce the occurrence of repeat offenses by such sex 
offenders, through conditions imposed as part of supervised release or 
probation conditions. The study shall evaluate--
            (1) the effectiveness of methods of monitoring and 
        restricting the activities of sex offenders, including restric- 
        tions--
                    (A) on the areas in which sex offenders can reside, 
                work, and attend school;
                    (B) limiting access by sex offenders to the Internet 
                or to specific Internet sites; and
                    (C) preventing access by sex offenders to 
                pornography and other obscene materials;
            (2) the ability of law enforcement agencies and courts to 
        enforce such restrictions; and
            (3) the efficacy of any other restrictions that may reduce 
        the occurrence of repeat offenses by sex offenders.

    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Attorney General shall report to the Committee on the 
Judiciary of the House of Representatives and the Committee on the 
Judiciary of the Senate the results of the study under this section.

SEC. 639. <<NOTE: Justice for Crime Victims Family Act.>> 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 <<NOTE: Deadline. Reports.>> later than 6 months 
after the date of the enactment of this Act, the Attorney General shall 
submit to the Committee on the Judiciary of the House of Representatives 
and the Committee on the Judiciary of the Senate a report--
            (1) outlining what measures are needed to improve the 
        performance of Federal, State, and local criminal investigators 
        of homicide; and
            (2) including an examination of--
                    (A) the benefits of increasing training and 
                resources for such investigators, with respect to 
                investigative techniques, best practices, and forensic 
                services;
                    (B) the existence of any uniformity among State and 
                local jurisdictions in the measurement of homicide rates 
                and clearance of homicide cases;
                    (C) the coordination in the sharing of information 
                among Federal, State, and local law enforcement and 
                coroners and medical examiners; and
                    (D) the sources of funding that are in existence on 
                the date of the enactment of this Act for State and 
                local criminal investigators of homicide.

    (c) Improvements Needed for Solving Homicides Involving Missing 
Persons and Unidentified Human Remains.--
Not <<NOTE: Deadline. Reports.>> later than 6 months after the date of 
the enactment of this Act, the Attorney General shall submit to the 
Committee on the Judiciary of the House of Representatives and the 
Committee on the Judiciary of the Senate a report--
            (1) evaluating measures to improve the ability of Federal, 
        State, and local criminal investigators of homicide to solve 
        homicides involving missing persons and unidentified human 
        remains; and
            (2) including an examination of--
                    (A) measures to expand national criminal records 
                databases with accurate information relating to missing 
                persons and unidentified human remains;
                    (B) the collection of DNA samples from potential 
                ``high-risk'' missing persons;
                    (C) the benefits of increasing access to national 
                criminal records databases for medical examiners and 
                coroners;
                    (D) any improvement in the performance of postmortem 
                examinations, autopsies, and reporting procedures of 
                unidentified persons or remains;
                    (E) any coordination between the National Center for 
                Missing Children and the National Center for Missing 
                Adults;
                    (F) website postings (or other uses of the Internet) 
                of information of identifiable information such as 
                physical features and characteristics, clothing, and 
                photographs of missing persons and unidentified human 
                remains; and
                    (G) any improvement with respect to--
                          (i) the collection of DNA information for 
                      missing persons and unidentified human remains; 
                      and
                          (ii) entering such information into the 
                      Combined DNA Index System of the Federal Bureau of 
                      Investigation and national criminal records 
                      databases.

                     TITLE VII--INTERNET SAFETY ACT

SEC. 701. CHILD EXPLOITATION ENTERPRISES.

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

SEC. 702. INCREASED PENALTIES FOR REGISTERED SEX OFFENDERS.

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

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

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

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

SEC. 703. DECEPTION BY EMBEDDED WORDS OR IMAGES.

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

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

    ``(a) <<NOTE: Penalties.>> In General.--Whoever knowingly embeds 
words or digital images into the source code of a website with the 
intent to deceive a person into viewing material constituting obscenity 
shall be fined under this title and imprisoned for not more than 10 
years.

    ``(b) <<NOTE: Penalties.>> Minors.--Whoever knowingly embeds words 
or digital images into the source code of a website with the intent to 
deceive a minor into viewing material harmful to minors on the Internet 
shall be fined under this title and imprisoned for not more than 20 
years.

    ``(c) Construction.--For the purposes of this section, a word or 
digital image that clearly indicates the sexual content of the site, 
such as `sex' or `porn', is not misleading.
    ``(d) Definitions.--As used in this section--
            ``(1) the terms `material that is harmful to minors' and 
        `sex' have the meaning given such terms in section 2252B; and
            ``(2) the term `source code' means the combination of text 
        and other characters comprising the content, both viewable and 
        nonviewable, of a web page, including any website publishing 
        language, programming language, protocol or functional content, 
        as well as any successor languages or protocols.''.
    (b) Table of Sections.--The table of sections for chapter 110 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 2252B the following:

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

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

    (a) Definition.--In this section, the term ``offenses relating to 
the sexual exploitation of children'' shall include any offense 
committed in violation of--
            (1) chapter 71 of title 18, United States Code, involving an 
        obscene visual depiction of a minor, or transfer of obscene 
        materials to a minor;
            (2) chapter 109A of title 18, United States Code, involving 
        a victim who is a minor;
            (3) chapter 109B of title 18, United States Code;
            (4) chapter 110 of title 18, United States Code;
            (5) chapter 117 of title 18, United States Code involving a 
        victim who is a minor; and
            (6) section 1591 of title 18, United States Code.

    (b) Additional Prosecutors.--In fiscal year 2007, the Attorney 
General shall, subject to the availability of appropriations for such 
purposes, increase by not less than 200 the number of attorneys in 
United States Attorneys' Offices. The additional attorneys shall be 
assigned to prosecute offenses relating to the sexual exploitation of 
children.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice for fiscal year 2007 such sums 
as may be necessary to carry out this section.

SEC. 705. ADDITIONAL COMPUTER-RELATED RESOURCES.

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

SEC. 706. ADDITIONAL ICAC TASK FORCES.

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

SEC. 707. <<NOTE: Masha's Law.>> MASHA'S LAW.

    (a) <<NOTE: 18 USC 2251 note.>> Short Title.--This section may be 
cited as ``Masha's Law''.

    (b) In General.--Section 2255(a) of title 18, United States Code, is 
amended--
            (1) in the first sentence--
                    (A) by striking ``(a) Any minor who is'' and 
                inserting the following:

    ``(a) In General.--Any person who, while a minor, was'';
                    (B) by inserting after ``such violation'' the 
                following: ``, regardless of whether the injury occurred 
                while such person was a minor,''; and
                    (C) by striking ``such minor'' and inserting ``such 
                person''; and
            (2) in the second sentence--
                    (A) by striking ``Any minor'' and inserting ``Any 
                person''; and
                    (B) by striking ``$50,000'' and inserting 
                ``$150,000''.

    (c) Conforming Amendment.--Section 2255(b) of title 18, United 
States Code, is amended by striking ``(b) Any action'' and inserting the 
following:
    ``(b) Statute of Limitations.--Any action''.

    Approved July 27, 2006.

LEGISLATIVE HISTORY--H.R. 4472:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 152 (2006):
            Mar. 8, considered and passed House.
            July 20, considered and passed Senate, amended.
            July 25, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
            July 27, Presidential remarks.

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