HR 4472 EAS
In the Senate of the United States,
July 20, 2006.
Resolved, That the bill from the House of
Representatives (H.R. 4472) entitled `An Act to protect children, to
secure the safety of judges, prosecutors, law enforcement officers, and
their family members, to reduce and prevent gang violence, and for
other purposes.', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Adam Walsh Child Protection and Safety Act of 2006'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. In recognition of John and Reve Walsh on the occasion of the 25th anniversary of Adam Walsh's abduction and murder.
TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT
Sec. 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. 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. 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. 614. Grants authorized.
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. 2. IN RECOGNITION OF JOHN AND REVE WALSH ON THE OCCASION OF THE 25TH ANNIVERSARY OF ADAM WALSH'S ABDUCTION AND MURDER.
(a) Adam Walsh's Abduction and Murder- On July 27,
1981, in Hollywood, Florida, 6-year-old Adam Walsh was abducted at a
mall. Two weeks later, some of Adam's remains were discovered in a
canal more than 100 miles from his home.
(b) John and reve Walsh's Commitment to the Safety of
Children- Since the abduction and murder of their son Adam, both John
and Reve Walsh have dedicated themselves to protecting children from
child predators, preventing attacks on our children, and bringing child
predators to justice. Their commitment has saved the lives of numerous
children. Congress, and the American people, honor John and Reve Walsh
for their dedication to the well-being and safety of America's children.
TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT
SEC. 101. SHORT TITLE.
This title may be cited as the `Sex Offender Registration and Notification Act'.
SEC. 102. DECLARATION OF PURPOSE.
In order to protect the public from sex offenders and
offenders against children, and in response to the vicious attacks by
violent predators against the victims listed below, Congress in this
Act establishes a comprehensive national system for the registration of
those offenders:
(1) Jacob Wetterling, who was 11 years old, was abducted in 1989 in Minnesota, and remains missing.
(2) Megan Nicole Kanka, who was 7 years old, was abducted, sexually assaulted, and murdered in 1994, in New Jersey.
(3) Pam Lychner, who was 31 years old, was attacked by a career offender in Houston, Texas.
(4) Jetseta Gage, who was 10 years old, was kidnapped, sexually assaulted, and murdered in 2005, in Cedar Rapids, Iowa.
(5) Dru Sjodin, who was 22 years old, was sexually assaulted and murdered in 2003, in North Dakota.
(6) Jessica Lunsford, who was 9 years old, was
abducted, sexually assaulted, buried alive, and murdered in 2005, in
Homosassa, Florida.
(7) Sarah Lunde, who was 13 years old, was strangled and murdered in 2005, in Ruskin, Florida.
(8) Amie Zyla, who was 8 years old, was sexually
assaulted in 1996 by a juvenile offender in Waukesha, Wisconsin, and
has become an advocate for child victims and protection of children
from juvenile sex offenders.
(9) Christy Ann Fornoff, who was 13 years old, was abducted, sexually assaulted, and murdered in 1984, in Tempe, Arizona.
(10) Alexandra Nicole Zapp, who was 30 years old,
was brutally attacked and murdered in a public restroom by a repeat sex
offender in 2002, in Bridgewater, Massachusetts.
(11) Polly Klaas, who was 12 years old, was
abducted, sexually assaulted, and murdered in 1993 by a career offender
in California.
(12) Jimmy Ryce, who was 9 years old, was kidnapped and murdered in Florida on September 11, 1995.
(13) Carlie Brucia, who was 11 years old, was abducted and murdered in Florida in February, 2004.
(14) Amanda Brown, who was 7 years old, was abducted and murdered in Florida in 1998.
(15) Elizabeth Smart, who was 14 years old, was abducted in Salt Lake City, Utah in June 2002.
(16) Molly Bish, who was 16 years old, was abducted
in 2000 while working as a lifeguard in Warren, Massachusetts, where
her remains were found 3 years later.
(17) Samantha Runnion, who was 5 years old, was abducted, sexually assaulted, and murdered in California on July 15, 2002.
SEC. 103. ESTABLISHMENT OF PROGRAM.
This Act establishes the Jacob Wetterling, Megan Nicole
Kanka, and Pam Lychner Sex Offender Registration and Notification
Program.
Subtitle A--Sex Offender Registration and Notification
SEC. 111. RELEVANT DEFINITIONS, INCLUDING AMIE ZYLA
EXPANSION OF SEX OFFENDER DEFINITION AND EXPANDED INCLUSION OF CHILD
PREDATORS.
In this title the following definitions apply:
(1) SEX OFFENDER- The term `sex offender' means an individual who was convicted of a sex offense.
(2) TIER I SEX OFFENDER- The term `tier I sex offender' means a sex offender other than a tier II or tier III sex offender.
(3) TIER II SEX OFFENDER- The term `tier II sex
offender' means a sex offender other than a tier III sex offender whose
offense is punishable by imprisonment for more than 1 year and--
(A) is comparable to or more severe than the
following offenses, when committed against a minor, or an attempt or
conspiracy to commit such an offense against a minor:
(i) sex trafficking (as described in section 1591 of title 18, United States Code);
(ii) coercion and enticement (as described in section 2422(b) of title 18, United States Code);
(iii) transportation with intent to engage
in criminal sexual activity (as described in section 2423(a)) of title
18, United States Code;
(iv) abusive sexual contact (as described in section 2244 of title 18, United States Code);
(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:
(B) The District of Columbia.
(C) The Commonwealth of Puerto Rico.
(F) The Northern Mariana Islands.
(G) The United States Virgin Islands.
(H) To the extent provided and subject to the requirements of section 127, a federally recognized Indian tribe.
(11) STUDENT- The term `student' means an
individual who enrolls in or attends an educational institution,
including (whether public or private) a secondary school, trade or
professional school, and institution of higher education.
(12) EMPLOYEE- The term `employee' includes an
individual who is self-employed or works for any other entity, whether
compensated or not.
(13) RESIDES- The term `resides' means, with
respect to an individual, the location of the individual's home or
other place where the individual habitually lives.
(14) MINOR- The term `minor' means an individual who has not attained the age of 18 years.
SEC. 112. REGISTRY REQUIREMENTS FOR JURISDICTIONS.
(a) Jurisdiction To Maintain a Registry- Each
jurisdiction shall maintain a jurisdiction-wide sex offender registry
conforming to the requirements of this title.
(b) Guidelines and Regulations- The Attorney General
shall issue guidelines and regulations to interpret and implement this
title.
SEC. 113. REGISTRY REQUIREMENTS FOR SEX OFFENDERS.
(a) In General- A sex offender shall register, and keep
the registration current, in each jurisdiction where the offender
resides, where the offender is an employee, and where the offender is a
student. For initial registration purposes only, a sex offender shall
also register in the jurisdiction in which convicted if such
jurisdiction is different from the jurisdiction of residence.
(b) Initial Registration- The sex offender shall initially register--
(1) before completing a sentence of imprisonment with respect to the offense giving rise to the registration requirement; or
(2) not later than 3 business days after being
sentenced for that offense, if the sex offender is not sentenced to a
term of imprisonment.
(c) Keeping the Registration Current- A sex offender
shall, not later than 3 business days after each change of name,
residence, employment, or student status, appear in person in at least
1 jurisdiction involved pursuant to subsection (a) and inform that
jurisdiction of all changes in the information required for that
offender in the sex offender registry. That jurisdiction shall
immediately provide that information to all other jurisdictions in
which the offender is required to register.
(d) Initial Registration of Sex Offenders Unable To
Comply With Subsection (b)- The Attorney General shall have the
authority to specify the applicability of the requirements of this
title to sex offenders convicted before the enactment of this Act or
its implementation in a particular jurisdiction, and to prescribe rules
for the registration of any such sex offenders and for other categories
of sex offenders who are unable to comply with subsection (b).
(e) State Penalty for Failure To Comply- Each
jurisdiction, other than a Federally recognized Indian tribe, shall
provide a criminal penalty that includes a maximum term of imprisonment
that is greater than 1 year for the failure of a sex offender to comply
with the requirements of this title.
SEC. 114. INFORMATION REQUIRED IN REGISTRATION.
(a) Provided by the Offender- The sex offender shall
provide the following information to the appropriate official for
inclusion in the sex offender registry:
(1) The name of the sex offender (including any alias used by the individual).
(2) The Social Security number of the sex offender.
(3) The address of each residence at which the sex offender resides or will reside.
(4) The name and address of any place where the sex offender is an employee or will be an employee.
(5) The name and address of any place where the sex offender is a student or will be a student.
(6) The license plate number and a description of any vehicle owned or operated by the sex offender.
(7) Any other information required by the Attorney General.
(b) Provided by the Jurisdiction- The jurisdiction in
which the sex offender registers shall ensure that the following
information is included in the registry for that sex offender:
(1) A physical description of the sex offender.
(2) The text of the provision of law defining the criminal offense for which the sex offender is registered.
(3) The criminal history of the sex offender,
including the date of all arrests and convictions; the status of
parole, probation, or supervised release; registration status; and the
existence of any outstanding arrest warrants for the sex offender.
(4) A current photograph of the sex offender.
(5) A set of fingerprints and palm prints of the sex offender.
(6) A DNA sample of the sex offender.
(7) A photocopy of a valid driver's license or identification card issued to the sex offender by a jurisdiction.
(8) Any other information required by the Attorney General.
SEC. 115. DURATION OF REGISTRATION REQUIREMENT.
(a) Full Registration Period- A sex offender shall keep
the registration current for the full registration period (excluding
any time the sex offender is in custody or civilly committed) unless
the offender is allowed a reduction under subsection (b). The full
registration period is--
(1) 15 years, if the offender is a tier I sex offender;
(2) 25 years, if the offender is a tier II sex offender; and
(3) the life of the offender, if the offender is a tier III sex offender.
(b) Reduced Period for Clean Record-
(1) CLEAN RECORD- The full registration period
shall be reduced as described in paragraph (3) for a sex offender who
maintains a clean record for the period described in paragraph (2) by--
(A) not being convicted of any offense for which imprisonment for more than 1 year may be imposed;
(B) not being convicted of any sex offense;
(C) successfully completing any periods of supervised release, probation, and parole; and
(D) successfully completing of an appropriate
sex offender treatment program certified by a jurisdiction or by the
Attorney General.
(2) PERIOD- In the case of--
(A) a tier I sex offender, the period during which the clean record shall be maintained is 10 years; and
(B) a tier III sex offender adjudicated
delinquent for the offense which required registration in a sex
registry under this title, the period during which the clean record
shall be maintained is 25 years.
(3) REDUCTION- In the case of--
(A) a tier I sex offender, the reduction is 5 years;
(B) a tier III sex offender adjudicated
delinquent, the reduction is from life to that period for which the
clean record under paragraph (2) is maintained.
SEC. 116. PERIODIC IN PERSON VERIFICATION.
A sex offender shall appear in person, allow the
jurisdiction to take a current photograph, and verify the information
in each registry in which that offender is required to be registered
not less frequently than--
(1) each year, if the offender is a tier I sex offender;
(2) every 6 months, if the offender is a tier II sex offender; and
(3) every 3 months, if the offender is a tier III sex offender.
SEC. 117. DUTY TO NOTIFY SEX OFFENDERS OF REGISTRATION REQUIREMENTS AND TO REGISTER.
(a) In General- An appropriate official shall, shortly
before release of the sex offender from custody, or, if the sex
offender is not in custody, immediately after the sentencing of the sex
offender, for the offense giving rise to the duty to register--
(1) inform the sex offender of the duties of a sex offender under this title and explain those duties;
(2) require the sex offender to read and sign a
form stating that the duty to register has been explained and that the
sex offender understands the registration requirement; and
(3) ensure that the sex offender is registered.
(b) Notification of Sex Offenders Who Cannot Comply
With Subsection (a)- The Attorney General shall prescribe rules for the
notification of sex offenders who cannot be registered in accordance
with subsection (a).
SEC. 118. PUBLIC ACCESS TO SEX OFFENDER INFORMATION THROUGH THE INTERNET.
(a) In General- Except as provided in this section,
each jurisdiction shall make available on the Internet, in a manner
that is readily accessible to all jurisdictions and to the public, all
information about each sex offender in the registry. The jurisdiction
shall maintain the Internet site in a manner that will permit the
public to obtain relevant information for each sex offender by a single
query for any given zip code or geographic radius set by the user. The
jurisdiction shall also include in the design of its Internet site all
field search capabilities needed for full participation in the Dru
Sjodin National Sex Offender Public Website and shall participate in
that website as provided by the Attorney General.
(b) Mandatory Exemptions- A jurisdiction shall exempt from disclosure--
(1) the identity of any victim of a sex offense;
(2) the Social Security number of the sex offender;
(3) any reference to arrests of the sex offender that did not result in conviction; and
(4) any other information exempted from disclosure by the Attorney General.
(c) Optional Exemptions- A jurisdiction may exempt from disclosure--
(1) any information about a tier I sex offender convicted of an offense other than a specified offense against a minor;
(2) the name of an employer of the sex offender;
(3) the name of an educational institution where the sex offender is a student; and
(4) any other information exempted from disclosure by the Attorney General.
(d) Links- The site shall include, to the extent practicable, links to sex offender safety and education resources.
(e) Correction of Errors- The site shall include
instructions on how to seek correction of information that an
individual contends is erroneous.
(f) Warning- The site shall include a warning that
information on the site should not be used to unlawfully injure,
harass, or commit a crime against any individual named in the registry
or residing or working at any reported address. The warning shall note
that any such action could result in civil or criminal penalties.
SEC. 119. NATIONAL SEX OFFENDER REGISTRY.
(a) Internet- The Attorney General shall maintain a
national database at the Federal Bureau of Investigation for each sex
offender and any other person required to register in a jurisdiction's
sex offender registry. The database shall be known as the National Sex
Offender Registry.
(b) Electronic Forwarding- The Attorney General shall
ensure (through the National Sex Offender Registry or otherwise) that
updated information about a sex offender is immediately transmitted by
electronic forwarding to all relevant jurisdictions.
SEC. 120. DRU SJODIN NATIONAL SEX OFFENDER PUBLIC WEBSITE.
(a) Establishment- There is established the Dru Sjodin
National Sex Offender Public Website (hereinafter in this section
referred to as the `Website'), which the Attorney General shall
maintain.
(b) Information To Be Provided- The Website shall
include relevant information for each sex offender and other person
listed on a jurisdiction's Internet site. The Website shall allow the
public to obtain relevant information for each sex offender by a single
query for any given zip code or geographical radius set by the user in
a form and with such limitations as may be established by the Attorney
General and shall have such other field search capabilities as the
Attorney General may provide.
SEC. 121. MEGAN NICOLE KANKA AND ALEXANDRA NICOLE ZAPP COMMUNITY NOTIFICATION PROGRAM.
(a) Establishment of Program- There is established the
Megan Nicole Kanka and Alexandra Nicole Zapp Community Notification
Program (hereinafter in this section referred to as the `Program').
(b) Program Notification- Except as provided in
subsection (c), immediately after a sex offender registers or updates a
registration, an appropriate official in the jurisdiction shall provide
the information in the registry (other than information exempted from
disclosure by the Attorney General) about that offender to the
following:
(1) The Attorney General, who shall include that
information in the National Sex Offender Registry or other appropriate
databases.
(2) Appropriate law enforcement agencies (including
probation agencies, if appropriate), and each school and public housing
agency, in each area in which the individual resides, is an employee or
is a student.
(3) Each jurisdiction where the sex offender
resides, is an employee, or is a student, and each jurisdiction from or
to which a change of residence, employment, or student status occurs.
(4) Any agency responsible for conducting
employment-related background checks under section 3 of the National
Child Protection Act of 1993 (42 U.S.C. 5119a).
(5) Social service entities responsible for protecting minors in the child welfare system.
(6) Volunteer organizations in which contact with minors or other vulnerable individuals might occur.
(7) Any organization, company, or individual who
requests such notification pursuant to procedures established by the
jurisdiction.
(c) Frequency- Notwithstanding subsection (b), an
organization or individual described in subsection (b)(6) or (b)(7) may
opt to receive the notification described in that subsection no less
frequently than once every five business days.
SEC. 122. ACTIONS TO BE TAKEN WHEN SEX OFFENDER FAILS TO COMPLY.
An appropriate official shall notify the Attorney
General and appropriate law enforcement agencies of any failure by a
sex offender to comply with the requirements of a registry and revise
the jurisdiction's registry to reflect the nature of that failure. The
appropriate official, the Attorney General, and each such law
enforcement agency shall take any appropriate action to ensure
compliance.
SEC. 123. DEVELOPMENT AND AVAILABILITY OF REGISTRY MANAGEMENT AND WEBSITE SOFTWARE.
(a) Duty To Develop and Support- The Attorney General
shall, in consultation with the jurisdictions, develop and support
software to enable jurisdictions to establish and operate uniform sex
offender registries and Internet sites.
(b) Criteria- The software should facilitate--
(1) immediate exchange of information among jurisdictions;
(2) public access over the Internet to appropriate
information, including the number of registered sex offenders in each
jurisdiction on a current basis;
(3) full compliance with the requirements of this title; and
(4) communication of information to community notification program participants as required under section 121.
(c) Deadline- The Attorney General shall make the first
complete edition of this software available to jurisdictions within 2
years of the date of the enactment of this Act.
SEC. 124. PERIOD FOR IMPLEMENTATION BY JURISDICTIONS.
(a) Deadline- Each jurisdiction shall implement this title before the later of--
(1) 3 years after the date of the enactment of this Act; and
(2) 1 year after the date on which the software described in section 123 is available.
(b) Extensions- The Attorney General may authorize up to two 1-year extensions of the deadline.
SEC. 125. FAILURE OF JURISDICTION TO COMPLY.
(a) In General- For any fiscal year after the end of
the period for implementation, a jurisdiction that fails, as determined
by the Attorney General, to substantially implement this title shall
not receive 10 percent of the funds that would otherwise be allocated
for that fiscal year to the jurisdiction under subpart 1 of part E of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3750 et seq.).
(b) State Constitutionality-
(1) IN GENERAL- When evaluating whether a
jurisdiction has substantially implemented this title, the Attorney
General shall consider whether the jurisdiction is unable to
substantially implement this title because of a demonstrated inability
to implement certain provisions that would place the jurisdiction in
violation of its constitution, as determined by a ruling of the
jurisdiction's highest court.
(2) EFFORTS- If the circumstances arise under
paragraph (1), then the Attorney General and the jurisdiction shall
make good faith efforts to accomplish substantial implementation of
this title and to reconcile any conflicts between this title and the
jurisdiction's constitution. In considering whether compliance with the
requirements of this title would likely violate the jurisdiction's
constitution or an interpretation thereof by the jurisdiction's highest
court, the Attorney General shall consult with the chief executive and
chief legal officer of the jurisdiction concerning the jurisdiction's
interpretation of the jurisdiction's constitution and rulings thereon
by the jurisdiction's highest court.
(3) ALTERNATIVE PROCEDURES- If the jurisdiction is
unable to substantially implement this title because of a limitation
imposed by the jurisdiction's constitution, the Attorney General may
determine that the jurisdiction is in compliance with this Act if the
jurisdiction has made, or is in the process of implementing reasonable
alternative procedures or accommodations, which are consistent with the
purposes of this Act.
(4) FUNDING REDUCTION- If a jurisdiction does not
comply with paragraph (3), then the jurisdiction shall be subject to a
funding reduction as specified in subsection (a).
(c) Reallocation- Amounts not allocated under a program
referred to in this section to a jurisdiction for failure to
substantially implement this title shall be reallocated under that
program to jurisdictions that have not failed to substantially
implement this title or may be reallocated to a jurisdiction from which
they were withheld to be used solely for the purpose of implementing
this title.
(d) Rule of Construction- The provisions of this title
that are cast as directions to jurisdictions or their officials
constitute, in relation to States, only conditions required to avoid
the reduction of Federal funding under this section.
SEC. 126. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM.
(a) In General- The Attorney General shall establish
and implement a Sex Offender Management Assistance program (in this
title referred to as the `SOMA program'), under which the Attorney
General may award a grant to a jurisdiction to offset the costs of
implementing this title.
(b) Application- The chief executive of a jurisdiction
desiring a grant under this section shall, on an annual basis, submit
to the Attorney General an application in such form and containing such
information as the Attorney General may require.
(c) Bonus Payments for Prompt Compliance- A
jurisdiction that, as determined by the Attorney General, has
substantially implemented this title not later than 2 years after the
date of the enactment of this Act is eligible for a bonus payment. The
Attorney General may make such a payment under the SOMA program for the
first fiscal year beginning after that determination. The amount of the
payment shall be--
(1) 10 percent of the total received by the
jurisdiction under the SOMA program for the preceding fiscal year, if
that implementation is not later than 1 year after the date of
enactment of this Act; and
(2) 5 percent of such total, if not later than 2 years after that date.
(d) Authorization of Appropriations- In addition to any
amounts otherwise authorized to be appropriated, there are authorized
to be appropriated such sums as may be necessary to the Attorney
General, to be available only for the SOMA program, for fiscal years
2007 through 2009.
SEC. 127. ELECTION BY INDIAN TRIBES.
(1) IN GENERAL- A federally recognized Indian tribe
may, by resolution or other enactment of the tribal council or
comparable governmental body--
(A) elect to carry out this subtitle as a jurisdiction subject to its provisions; or
(B) elect to delegate its functions under this
subtitle to another jurisdiction or jurisdictions within which the
territory of the tribe is located and to provide access to its
territory and such other cooperation and assistance as may be needed to
enable such other jurisdiction or jurisdictions to carry out and
enforce the requirements of this subtitle.
(2) IMPUTED ELECTION IN CERTAIN CASES- A tribe
shall be treated as if it had made the election described in paragraph
(1)(B) if--
(A) it is a tribe subject to the law enforcement jurisdiction of a State under section 1162 of title 18, United States Code;
(B) the tribe does not make an election under
paragraph (1) within 1 year of the enactment of this Act or rescinds an
election under paragraph (1)(A); or
(C) the Attorney General determines that the
tribe has not substantially implemented the requirements of this
subtitle and is not likely to become capable of doing so within a
reasonable amount of time.
(b) Cooperation Between Tribal Authorities and Other Jurisdictions-
(1) NONDUPLICATION- A tribe subject to this
subtitle is not required to duplicate functions under this subtitle
which are fully carried out by another jurisdiction or jurisdictions
within which the territory of the tribe is located.
(2) COOPERATIVE AGREEMENTS- A tribe may, through cooperative agreements with such a jurisdiction or jurisdictions--
(A) arrange for the tribe to carry out any
function of such a jurisdiction under this subtitle with respect to sex
offenders subject to the tribe's jurisdiction; and
(B) arrange for such a jurisdiction to carry
out any function of the tribe under this subtitle with respect to sex
offenders subject to the tribe's jurisdiction.
SEC. 128. REGISTRATION OF SEX OFFENDERS ENTERING THE UNITED STATES.
The Attorney General, in consultation with the
Secretary of State and the Secretary of Homeland Security, shall
establish and maintain a system for informing the relevant
jurisdictions about persons entering the United States who are required
to register under this title. The Secretary of State and the Secretary
of Homeland Security shall provide such information and carry out such
functions as the Attorney General may direct in the operation of the
system.
SEC. 129. REPEAL OF PREDECESSOR SEX OFFENDER PROGRAM.
(a) Repeal- Sections 170101 (42 U.S.C. 14071) and
170102 (42 U.S.C. 14072) of the Violent Crime Control and Law
Enforcement Act of 1994, and section 8 of the Pam Lychner Sexual
Offender Tracking and Identification Act of 1996 (42 U.S.C. 14073), are
repealed.
(b) Effective Date- Notwithstanding any other provision
of this Act, this section shall take effect on the date of the deadline
determined in accordance with section 124(a).
SEC. 130. LIMITATION ON LIABILITY FOR THE NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN.
Section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032) is amended by adding at the end the following:
`(g) Limitation on Liability-
`(1) IN GENERAL- Except as provided in paragraphs
(2) and (3), the National Center for Missing and Exploited Children,
including any of its directors, officers, employees, or agents, is not
liable in any civil or criminal action arising from the performance of
its CyberTipline responsibilities and functions, as defined by this
section, or from its efforts to identify child victims.
`(2) INTENTIONAL, RECKLESS, OR OTHER MISCONDUCT-
Paragraph (1) does not apply in an action in which a party proves that
the National Center for Missing and Exploited Children, or its officer,
employee, or agent as the case may be, engaged in intentional
misconduct or acted, or failed to act, with actual malice, with
reckless disregard to a substantial risk of causing injury without
legal justification, or for a purpose unrelated to the performance of
responsibilities or functions under this section.
`(3) ORDINARY BUSINESS ACTIVITIES- Paragraph (1)
does not apply to an act or omission related to an ordinary business
activity, such as an activity involving general administration or
operations, the use of motor vehicles, or personnel management.'.
SEC. 131. IMMUNITY FOR GOOD FAITH CONDUCT.
The Federal Government, jurisdictions, political
subdivisions of jurisdictions, and their agencies, officers, employees,
and agents shall be immune from liability for good faith conduct under
this title.
Subtitle B--Improving Federal Criminal Law
Enforcement To Ensure Sex Offender Compliance With Registration and
Notification Requirements and Protection of Children From Violent
Predators
SEC. 141. AMENDMENTS TO TITLE 18, UNITED STATES CODE, RELATING TO SEX OFFENDER REGISTRATION.
(a) Criminal Penalties for Nonregistration-
(1) IN GENERAL- Part I of title 18, United States Code, is amended by inserting after chapter 109A the following:
`CHAPTER 109B--SEX OFFENDER AND CRIMES AGAINST CHILDREN REGISTRY
`2250. Failure to register.
`Sec. 2250. Failure to register
`(a) In General- Whoever--
`(1) is required to register under the Sex Offender Registration and Notification Act;
`(2)(A) is a sex offender as defined for the
purposes of the Sex Offender Registration and Notification Act by
reason of a conviction under Federal law (including the Uniform Code of
Military Justice), the law of the District of Columbia, Indian tribal
law, or the law of any territory or possession of the United States; or
`(B) travels in interstate or foreign commerce, or enters or leaves, or resides in, Indian country; and
`(3) knowingly fails to register or update a registration as required by the Sex Offender Registration and Notification Act;
shall be fined under this title or imprisoned not more than 10 years, or both.
`(b) Affirmative Defense- In a prosecution for a violation under subsection (a), it is an affirmative defense that--
`(1) uncontrollable circumstances prevented the individual from complying;
`(2) the individual did not contribute to the
creation of such circumstances in reckless disregard of the requirement
to comply; and
`(3) the individual complied as soon as such circumstances ceased to exist.
`(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:
--2250'.
(b) Directive to the United States Sentencing
Commission- In promulgating guidelines for use of a sentencing court in
determining the sentence to be imposed for the offense specified in
subsection (a), the United States Sentencing Commission shall consider
the following matters, in addition to the matters specified in section
994 of title 28, United States Code:
(1) Whether the person committed another sex
offense in connection with, or during, the period for which the person
failed to register.
(2) Whether the person committed an offense against
a minor in connection with, or during, the period for which the person
failed to register.
(3) Whether the person voluntarily attempted to correct the failure to register.
(4) The seriousness of the offense which gave rise
to the requirement to register, including whether such offense is a
tier I, tier II, or tier III offense, as those terms are defined in
section 111.
(5) Whether the person has been convicted or
adjudicated delinquent for any offense other than the offense which
gave rise to the requirement to register.
(c) False Statement Offense- Section 1001(a) of title
18, United States Code, is amended by adding at the end the following:
`If the matter relates to an offense under chapter 109A, 109B, 110, or
117, or section 1591, then the term of imprisonment imposed under this
section shall be not more than 8 years.'.
(d) Probation- Paragraph (8) of section 3563(a) of title 18, United States Code, is amended to read as follows:
`(8) for a person required to register under the
Sex Offender Registration and Notification Act, that the person comply
with the requirements of that Act; and'.
(e) Supervised Release- Section 3583 of title 18, United States Code, is amended--
(1) in subsection (d), in the sentence beginning
with `The court shall order, as an explicit condition of supervised
release for a person described in section 4042(c)(4)', by striking
`described in section 4042(c)(4)' and all that follows through the end
of the sentence and inserting `required to register under the Sex
Offender Registration and Notification Act, that the person comply with
the requirements of that Act.'.
(A) by striking `2244(a)(1), 2244(a)(2)' and inserting `2243, 2244, 2245, 2250';
(B) by inserting `not less than 5,' after `any term of years'; and
(C) by adding at the end the following: `If a
defendant required to register under the Sex Offender Registration and
Notification Act commits any criminal offense under any of chapters
109A, 110, or 117, or sections 1201 or 1591, for which imprisonment for
a term longer than 1 year can be imposed, the court shall revoke the
term of supervised release and require the defendant to serve a term of
imprisonment under subsection (e)(3) without regard to the exception
contained therein. Such term shall be not less than 5 years.'.
(f) Duties of the Bureau of Prisons- Paragraph (3) of
section 4042(c) of title 18, United States Code, is amended to read as
follows:
`(3) The Director of the Bureau of Prisons shall inform
a person who is released from prison and required to register under the
Sex Offender Registration and Notification Act of the requirements of
that Act as they apply to that person and the same information shall be
provided to a person sentenced to probation by the probation officer
responsible for supervision of that person.'.
(g) Conforming Amendments To Cross-References- Section 4042(c) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking `(4)' and
inserting `(3), or any other person in a category specified by the
Attorney General,'; and
(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.
(1) Section 115(a)(8)(C)(i) of Public Law 105-119
(111 Stat. 2466) is amended by striking `which encompass' and all that
follows through `and (B))' and inserting `which are sex offenses as
that term is defined in the Sex Offender Registration and Notification
Act'.
(2) Section 115(a)(8)(C)(iii) of Public Law 105-119
(111 Stat. 2466; 10 U.S.C. 951 note) is amended by striking `the
amendments made by subparagraphs (A) and (B)' and inserting `the Sex
Offender Registration and Notification Act'.
(j) Conforming Amendment Relating To Parole- Section
4209(a) of title 18, United States Code, is amended in the second
sentence by striking `described' and all that follows through the end
of the sentence and inserting `required to register under the Sex
Offender Registration and Notification Act that the person comply with
the requirements of that Act.'.
SEC. 142. FEDERAL ASSISTANCE WITH RESPECT TO VIOLATIONS OF REGISTRATION REQUIREMENTS.
(a) In General- The Attorney General shall use the
resources of Federal law enforcement, including the United States
Marshals Service, to assist jurisdictions in locating and apprehending
sex offenders who violate sex offender registration requirements. For
the purposes of section 566(e)(1)(B) of title 28, United States Code, a
sex offender who violates a sex offender registration requirement shall
be deemed a fugitive.
(b) Authorization of Appropriations- There are
authorized to be appropriated such sums as may be necessary for fiscal
years 2007 through 2009 to implement this section.
SEC. 143. PROJECT SAFE CHILDHOOD.
(a) Establishment of Program- Not later than 6 months
after the date of enactment of this Act, the Attorney General shall
create and maintain a Project Safe Childhood program in accordance with
this section.
(b) Initial Implementation- Except as authorized under
subsection (c), funds authorized under this section may only be used
for the following 5 purposes:
(1) Integrated Federal, State, and local efforts to investigate and prosecute child exploitation cases, including--
(A) the partnership by each United States
Attorney with each Internet Crimes Against Children Task Force that is
a part of the Internet Crimes Against Children Task Force Program
authorized and funded under title IV of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5771 et seq.) (referred
to in this section as the `ICAC Task Force Program') that exists within
the district of such attorney;
(B) the partnership by each United States
Attorney with other Federal, State, and local law enforcement partners
working in the district of such attorney to implement the program
described in subsection (a);
(C) the development by each United States
Attorney of a district-specific strategic plan to coordinate the
investigation and prosecution of child exploitation crimes;
(D) efforts to identify and rescue victims of child exploitation crimes; and
(E) local training, educational, and awareness programs of such crimes.
(2) Major case coordination by the Department of
Justice (or other Federal agencies as appropriate), including specific
integration or cooperation, as appropriate, of--
(A) the Child Exploitation and Obscenity Section within the Department of Justice;
(B) the Innocent Images Unit of the Federal Bureau of Investigation;
(C) any task forces established in connection with the Project Safe Childhood program set forth under subsection (a); and
(D) the High Tech Investigative Unit within the Criminal Division of the Department of Justice.
(3) Increased Federal involvement in child
pornography and enticement cases by providing additional investigative
tools and increased penalties under Federal law.
(4) Training of Federal, State, and local law enforcement through programs facilitated by--
(A) the National Center for Missing and Exploited Children;
(B) the ICAC Task Force Program; and
(C) any other ongoing program regarding the
investigation and prosecution of computer-facilitated crimes against
children, including training and coordination regarding leads from--
(i) Federal law enforcement operations; and
(ii) the CyberTipline and Child
Victim-Identification programs managed and maintained by the National
Center for Missing and Exploited Children.
(5) Community awareness and educational programs
through partnerships to provide national public awareness and
educational programs through--
(A) the National Center for Missing and Exploited Children;
(B) the ICAC Task Force Program; and
(C) any other ongoing programs that--
(i) raises national awareness about the threat of online sexual predators; or
(ii) provides information to parents and
children seeking to report possible violations of computer-facilitated
crimes against children.
(c) Expansion of Project Safe Childhood-
Notwithstanding subsection (b), funds authorized under this section may
be also be used for the following purposes:
(1) The addition of not less than 8 Assistant
United States Attorneys at the Department of Justice dedicated to the
prosecution of cases in connection with the Project Safe Childhood
program set forth under subsection (a).
(2) The creation, development, training, and
deployment of not less than 10 new Internet Crimes Against Children
task forces within the ICAC Task Force Program consisting of Federal,
State, and local law enforcement personnel dedicated to the Project
Safe Childhood program set forth under subsection (a), and the
enhancement of the forensic capacities of existing Internet Crimes
Against Children task forces.
(3) The development and enhancement by the Federal Bureau of Investigation of the Innocent Images task forces.
(4) Such other additional and related purposes as the Attorney General determines appropriate.
(d) Authorization of Appropriations- For the purpose of carrying out this section, there are authorized to be appropriated--
(1) for the activities described under subsection (b)--
(A) $18,000,000 for fiscal year 2007; and
(B) such sums as may be necessary for each of the 5 succeeding fiscal years; and
(2) for the activities described under subsection (c)--
(A) for fiscal year 2007--
(i) $15,000,000 for the activities under paragraph (1);
(ii) $10,000,000 for activities under paragraph (2); and
(iii) $4,000,000 for activities under paragraph (3); and
(B) such sums as may be necessary for each of the 5 succeeding fiscal years.
SEC. 144. FEDERAL ASSISTANCE IN IDENTIFICATION AND LOCATION OF SEX OFFENDERS RELOCATED AS A RESULT OF A MAJOR DISASTER.
The Attorney General shall provide assistance to
jurisdictions in the identification and location of a sex offender
relocated as a result of a major disaster.
SEC. 145. EXPANSION OF TRAINING AND TECHNOLOGY EFFORTS.
(a) Training- The Attorney General shall--
(1) expand training efforts with Federal, State,
and local law enforcement officers and prosecutors to effectively
respond to the threat to children and the public posed by sex offenders
who use the Internet and technology to solicit or otherwise exploit
children;
(2) facilitate meetings involving corporations that
sell computer hardware and software or provide services to the general
public related to use of the Internet, to identify problems associated
with the use of technology for the purpose of exploiting children;
(3) host national conferences to train Federal,
State, and local law enforcement officers, probation and parole
officers, and prosecutors regarding pro-active approaches to monitoring
sex offender activity on the Internet;
(4) develop and distribute, for personnel listed in
paragraph (3), information regarding multidisciplinary approaches to
holding offenders accountable to the terms of their probation, parole,
and sex offender registration laws; and
(5) partner with other agencies to improve the
coordination of joint investigations among agencies to effectively
combat online solicitation of children by sex offenders.
(b) Technology- The Attorney General shall--
(1) deploy, to all Internet Crimes Against Children
Task Forces and their partner agencies, technology modeled after the
Canadian Child Exploitation Tracking System; and
(2) conduct training in the use of that technology.
(c) Report- Not later than July 1, 2007, the Attorney
General, shall submit to Congress a report on the activities carried
out under this section. The report shall include any recommendations
that the Attorney General considers appropriate.
(d) Authorization of Appropriations- There are authorized to be appropriated to the Attorney General, for fiscal year 2007--
(1) $1,000,000 to carry out subsection (a); and
(2) $2,000,000 to carry out subsection (b).
SEC. 146. OFFICE OF SEX OFFENDER SENTENCING, MONITORING, APPREHENDING, REGISTERING, AND TRACKING.
(a) Establishment- There is established within the
Department of Justice, under the general authority of the Attorney
General, an Office of Sex Offender Sentencing, Monitoring,
Apprehending, Registering, and Tracking (hereinafter in this section
referred to as the `SMART Office').
(b) Director- The SMART Office shall be headed by a
Director who shall be appointed by the President. The Director shall
report to the Attorney General through the Assistant Attorney General
for the Office of Justice Programs and shall have final authority for
all grants, cooperative agreements, and contracts awarded by the SMART
Office. The Director shall not engage in any employment other than that
of serving as the Director, nor shall the Director hold any office in,
or act in any capacity for, any organization, agency, or institution
with which the Office makes any contract or other arrangement.
(c) Duties and Functions- The SMART Office is authorized to--
(1) administer the standards for the sex offender registration and notification program set forth in this Act;
(2) administer grant programs relating to sex
offender registration and notification authorized by this Act and other
grant programs authorized by this Act as directed by the Attorney
General;
(3) cooperate with and provide technical assistance
to States, units of local government, tribal governments, and other
public and private entities involved in activities related to sex
offender registration or notification or to other measures for the
protection of children or other members of the public from sexual abuse
or exploitation; and
(4) perform such other functions as the Attorney General may delegate.
Subtitle C--Access to Information and Resources Needed To Ensure That Children Are Not Attacked or Abused
SEC. 151. ACCESS TO NATIONAL CRIME INFORMATION DATABASES.
(a) In General- Notwithstanding any other provision of
law, the Attorney General shall ensure access to the national crime
information databases (as defined in section 534 of title 28, United
States Code) by--
(1) the National Center for Missing and Exploited
Children, to be used only within the scope of the Center's duties and
responsibilities under Federal law to assist or support law enforcement
agencies in administration of criminal justice functions; and
(2) governmental social service agencies with child
protection responsibilities, to be used by such agencies only in
investigating or responding to reports of child abuse, neglect, or
exploitation.
(b) Conditions of Access- The access provided under this section, and associated rules of dissemination, shall be--
(1) defined by the Attorney General; and
(2) limited to personnel of the Center or such
agencies that have met all requirements set by the Attorney General,
including training, certification, and background screening.
SEC. 152. REQUIREMENT TO COMPLETE BACKGROUND CHECKS
BEFORE APPROVAL OF ANY FOSTER OR ADOPTIVE PLACEMENT AND TO CHECK
NATIONAL CRIME INFORMATION DATABASES AND STATE CHILD ABUSE REGISTRIES;
SUSPENSION AND SUBSEQUENT ELIMINATION OF OPT-OUT.
(a) Requirement To Complete Background Checks Before
Approval of Any Foster or Adoptive Placement and To Check National
Crime Information Databases and State Child Abuse Registries;
Suspension of Opt-Out-
(1) REQUIREMENT TO CHECK NATIONAL CRIME INFORMATION
DATABASES AND STATE CHILD ABUSE REGISTRIES- Section 471(a)(20) of the
Social Security Act (42 U.S.C. 671(a)(20)) is amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (I)--
(I) by inserting `, including
fingerprint-based checks of national crime information databases (as
defined in section 534(e)(3)(A) of title 28, United States Code),'
after `criminal records checks'; and
(II) by striking `on whose behalf
foster care maintenance payments or adoption assistance payments are to
be made' and inserting `regardless of whether foster care maintenance
payments or adoption assistance payments are to be made on behalf of
the child'; and
(ii) in each of clauses (i) and (ii), by
inserting `involving a child on whose behalf such payments are to be so
made' after `in any case'; and
(B) by adding at the end the following:
`(C) provides that the State shall--
`(i) check any child abuse and neglect registry
maintained by the State for information on any prospective foster or
adoptive parent and on any other adult living in the home of such a
prospective parent, and request any other State in which any such
prospective parent or other adult has resided in the preceding 5 years,
to enable the State to check any child abuse and neglect registry
maintained by such other State for such information, before the
prospective foster or adoptive parent may be finally approved for
placement of a child, regardless of whether foster care maintenance
payments or adoption assistance payments are to be made on behalf of
the child under the State plan under this part;
`(ii) comply with any request described in clause (i) that is received from another State; and
`(iii) have in place safeguards to prevent the
unauthorized disclosure of information in any child abuse and neglect
registry maintained by the State, and to prevent any such information
obtained pursuant to this subparagraph from being used for a purpose
other than the conducting of background checks in foster or adoptive
placement cases;'.
(2) SUSPENSION OF OPT-OUT- Section 471(a)(20)(B) of such Act (42 U.S.C. 671(a)(20)(B)) is amended--
(A) by inserting `, on or before September 30, 2005,' after `plan if'; and
(B) by inserting `, on or before such date,' after `or if'.
(b) Elimination of Opt-Out- Section 471(a)(20) of such
Act (42 U.S.C. 671(a)(20)), as amended by subsection (a) of this
section, is amended--
(1) in subparagraph (A), in the matter preceding
clause (i), by striking `unless an election provided for in
subparagraph (B) is made with respect to the State,'; and
(2) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B).
(1) GENERAL- The amendments made by subsection (a)
shall take effect on October 1, 2006, and shall apply with respect to
payments under part E of title IV of the Social Security Act for
calendar quarters beginning on or after such date, without regard to
whether regulations to implement the amendments are promulgated by such
date.
(2) ELIMINATION OF OPT-OUT- The amendments made by
subsection (b) shall take effect on October 1, 2008, and shall apply
with respect to payments under part E of title IV of the Social
Security Act for calendar quarters beginning on or after such date,
without regard to whether regulations to implement the amendments are
promulgated by such date.
(3) DELAY PERMITTED IF STATE LEGISLATION REQUIRED-
If the Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is required in
order for a State plan under section 471 of the Social Security Act to
meet the additional requirements imposed by the amendments made by a
subsection of this section, the plan shall not be regarded as failing
to meet any of the additional requirements before the first day of the
first calendar quarter beginning after the first regular session of the
State legislature that begins after the otherwise applicable effective
date of the amendments. If the State has a 2-year legislative session,
each year of the session is deemed to be a separate regular session of
the State legislature.
SEC. 153. SCHOOLS SAFE ACT.
(a) Short Title- This section may be cited as the `Schools Safely Acquiring Faculty Excellence Act of 2006'.
(b) In General- The Attorney General of the United
States shall, upon request of the chief executive officer of a State,
conduct fingerprint-based checks of the national crime information
databases (as defined in section 534(f)(3)(A) of title 28, United
States Code as redesignated under subsection (e)) pursuant to a request
submitted by--
(1) a child welfare agency for the purpose of--
(A) conducting a background check required
under section 471(a)(20) of the Social Security Act on individuals
under consideration as prospective foster or adoptive parents; or
(B) an investigation relating to an incident of abuse or neglect of a minor; or
(2) a private or public elementary school, a
private or public secondary school, a local educational agency, or
State educational agency in that State, on individuals employed by,
under consideration for employment by, or otherwise in a position in
which the individual would work with or around children in the school
or agency.
(c) Fingerprint-Based Check- Where possible, the check
shall include a fingerprint-based check of State criminal history
databases.
(d) Fees- The Attorney General and the States may charge any applicable fees for the checks.
(e) Protection of Information- An individual having
information derived as a result of a check under subsection (b) may
release that information only to appropriate officers of child welfare
agencies, public or private elementary or secondary schools, or
educational agencies or other persons authorized by law to receive that
information.
(f) Criminal Penalties- An individual who knowingly
exceeds the authority in subsection (b), or knowingly releases
information in violation of subsection (e), shall be imprisoned not
more than 10 years or fined under title 18, United States Code, or both.
(g) Child Welfare Agency Defined- In this section, the term `child welfare agency' means--
(1) the State or local agency responsible for
administering the plan under part B or part E of title IV of the Social
Security Act; and
(2) any other public agency, or any other private
agency under contract with the State or local agency responsible for
administering the plan under part B or part E of title IV of the Social
Security Act, that is responsible for the licensing or approval of
foster or adoptive parents.
(h) Definition of Education Terms- In this section, the
terms `elementary school', `local educational agency', `secondary
school', and `State educational agency' have the meanings given to
those terms in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(i) Technical Correction- Section 534 of title 28,
United States Code, is amended by redesignating the second subsection
(e) as subsection (f).
SEC. 154. MISSING CHILD REPORTING REQUIREMENTS.
(a) In General- Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(2) by inserting after paragraph (1) the following:
`(2) ensure that no law enforcement agency within
the State establishes or maintains any policy that requires the removal
of a missing person entry from its State law enforcement system or the
National Crime Information Center computer database based solely on the
age of the person; and'; and
(3) in paragraph (3), as redesignated, by striking `immediately' and inserting `within 2 hours of receipt'.
(b) Definitions- Section 403(1) of the Comprehensive
Crime Control Act of 1984 (42 U.S.C. 5772) is amended by striking `if'
through subparagraph (B) and inserting a semicolon.
SEC. 155. DNA FINGERPRINTING.
The first sentence of section 3(a)(1)(A) of the DNA
Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(a)(1)(A)) is
amended by striking `arrested' and inserting `arrested, facing charges,
or convicted'.
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;
`(iv) any substance which the Attorney
General designates, pursuant to the rulemaking procedures prescribed by
section 553 of title 5, United States Code, to be used in committing
rape or sexual assault.
The Attorney General is authorized to remove any
substance from the list of date rape drugs pursuant to the same
rulemaking authority.
`(B) The term `authorized purchaser' means any
of the following persons, provided such person has acquired the
controlled substance in accordance with this Act:
`(i) A person with a valid prescription
that is issued for a legitimate medical purpose in the usual course of
professional practice that is based upon a qualifying medical
relationship by a practitioner registered by the Attorney General. A
`qualifying medical relationship' means a medical relationship that
exists when the practitioner has conducted at least 1 medical
evaluation with the authorized purchaser in the physical presence of
the practitioner, without regard to whether portions of the evaluation
are conducted by other heath professionals. The preceding sentence
shall not be construed to imply that 1 medical evaluation demonstrates
that a prescription has been issued for a legitimate medical purpose
within the usual course of professional practice.
`(ii) Any practitioner or other registrant
who is otherwise authorized by their registration to dispense, procure,
purchase, manufacture, transfer, distribute, import, or export the
substance under this Act.
`(iii) A person or entity providing
documentation that establishes the name, address, and business of the
person or entity and which provides a legitimate purpose for using any
`date rape drug' for which a prescription is not required.
`(3) The Attorney General is authorized to
promulgate regulations for record-keeping and reporting by persons
handling 1,4-butanediol in order to implement and enforce the
provisions of this section. Any record or report required by such
regulations shall be considered a record or report required under this
Act.'.
SEC. 202. JETSETA GAGE ASSURED PUNISHMENT FOR VIOLENT CRIMES AGAINST CHILDREN.
Section 3559 of title 18, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
`(f) Mandatory Minimum Terms of Imprisonment for
Violent Crimes Against Children- A person who is convicted of a Federal
offense that is a crime of violence against the person of an individual
who has not attained the age of 18 years shall, unless a greater
mandatory minimum sentence of imprisonment is otherwise provided by law
and regardless of any maximum term of imprisonment otherwise provided
for the offense--
`(1) if the crime of violence is murder, be
imprisoned for life or for any term of years not less than 30, except
that such person shall be punished by death or life imprisonment if the
circumstances satisfy any of subparagraphs (A) through (D) of section
3591(a)(2) of this title;
`(2) if the crime of violence is kidnapping (as
defined in section 1201) or maiming (as defined in section 114), be
imprisoned for life or any term of years not less than 25; and
`(3) if the crime of violence results in serious
bodily injury (as defined in section 1365), or if a dangerous weapon
was used during and in relation to the crime of violence, be imprisoned
for life or for any term of years not less than 10.'.
SEC. 203. PENALTIES FOR COERCION AND ENTICEMENT BY SEX OFFENDERS.
Section 2422(b) of title 18, United States Code, is
amended by striking `not less than 5 years and not more than 30 years'
and inserting `not less than 10 years or for life'.
SEC. 204. PENALTIES FOR CONDUCT RELATING TO CHILD PROSTITUTION.
Section 2423(a) of title 18, United States Code, is
amended by striking `5 years and not more than 30 years' and inserting
`10 years or for life'.
SEC. 205. PENALTIES FOR SEXUAL ABUSE.
Section 2242 of title 18, United States Code, is
amended by striking `, imprisoned not more than 20 years, or both' and
inserting `and imprisoned for any term of years or for life'.
SEC. 206. INCREASED PENALTIES FOR SEXUAL OFFENSES AGAINST CHILDREN.
(a) Sexual Abuse and Contact-
(1) AGGRAVATED SEXUAL ABUSE OF CHILDREN- Section
2241(c) of title 18, United States Code, is amended by striking `,
imprisoned for any term of years or life, or both' and inserting `and
imprisoned for not less than 30 years or for life'.
(2) ABUSIVE SEXUAL CONTACT WITH CHILDREN- Section 2244 of chapter 109A of title 18, United States Code, is amended--
(i) in paragraph (1), by inserting `subsection (a) or (b) of' before `section 2241';
(ii) by striking `or' at the end of paragraph (3);
(iii) by striking the period at the end of paragraph (4) and inserting `; or'; and
(iv) by inserting after paragraph (4) the following:
`(5) subsection (c) of section 2241 of this title
had the sexual contact been a sexual act, shall be fined under this
title and imprisoned for any term of years or for life.'; and
(B) in subsection (c), by inserting `(other than subsection (a)(5))' after `violates this section'.
(3) SEXUAL ABUSE OF CHILDREN RESULTING IN DEATH- Section 2245 of title 18, United States Code, is amended to read as follows:
`Sec. 2245. Offenses resulting in death
`(a) In General- A person who, in the course of an
offense under this chapter, or sections 1591, 2251, 2251A, 2260, 2421,
2422, 2423, or 2425, murders an individual, shall be punished by death
or imprisoned for any term of years or for life.'.
(4) DEATH PENALTY AGGRAVATING FACTOR- Section
3592(c)(1) of title 18, United States Code, is amended by inserting
`section 2245 (offenses resulting in death),' after `(wrecking
trains),'.
(b) Sexual Exploitation and Other Abuse of Children-
(1) SEXUAL EXPLOITATION OF CHILDREN- Section 2251(e) of title 18, United States Code, is amended--
(A) by inserting `section 1591,' after `this chapter,' the first place it appears;
(B) by striking `the sexual exploitation of
children' the first place it appears and inserting `aggravated sexual
abuse, sexual abuse, abusive sexual contact involving a minor or ward,
or sex trafficking of children, or the production, possession, receipt,
mailing, sale, distribution, shipment, or transportation of child
pornography'; and
(C) by striking `any term of years or for life' and inserting `not less than 30 years or for life'.
(2) ACTIVITIES RELATING TO MATERIAL INVOLVING THE
SEXUAL EXPLOITATION OF CHILDREN- Section 2252(b) of title 18, United
States Code, is amended in paragraph (1)--
(A) by striking `paragraphs (1)' and inserting `paragraph (1)';
(B) by inserting `section 1591,' after `this chapter,'; and
(C) by inserting `, or sex trafficking of children' after `pornography'.
(3) ACTIVITIES RELATING TO MATERIAL CONSTITUTING OR
CONTAINING CHILD PORNOGRAPHY- Section 2252A(b) of title 18, United
States Code, is amended in paragraph (1)--
(A) by inserting `section 1591,' after `this chapter,'; and
(B) by inserting `, or sex trafficking of children' after `pornography'.
(4) USING MISLEADING DOMAIN NAMES TO DIRECT
CHILDREN TO HARMFUL MATERIAL ON THE INTERNET- Section 2252B(b) of title
18, United States Code, is amended by striking `4' and inserting `10'.
(5) EXTRATERRITORIAL CHILD PORNOGRAPHY OFFENSES-
Section 2260(c) of title 18, United States Code, is amended to read as
follows:
`(1) A person who violates subsection (a), or
attempts or conspires to do so, shall be subject to the penalties
provided in subsection (e) of section 2251 for a violation of that
section, including the penalties provided for such a violation by a
person with a prior conviction or convictions as described in that
subsection.
`(2) A person who violates subsection (b), or
attempts or conspires to do so, shall be subject to the penalties
provided in subsection (b)(1) of section 2252 for a violation of
paragraph (1), (2), or (3) of subsection (a) of that section, including
the penalties provided for such a violation by a person with a prior
conviction or convictions as described in subsection (b)(1) of section
2252.'.
(c) Mandatory Life Imprisonment for Certain Repeated
Sex Offenses Against Children- Section 3559(e)(2)(A) of title 18,
United States Code, is amended by inserting `1591 (relating to sex
trafficking of children),' after `under section'.
SEC. 207. SEXUAL ABUSE OF WARDS.
Chapter 109A of title 18, United States Code, is amended--
(1) in section 2243(b), by striking `five years' and inserting `15 years'; and
(2) by inserting a comma after `Attorney General' each place it appears.
SEC. 208. MANDATORY PENALTIES FOR SEX-TRAFFICKING OF CHILDREN.
Section 1591(b) of title 18, United States Code, is amended--
(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
(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).
`(i) IN GENERAL- These rights may be
enforced by the crime victim or the crime victim's lawful
representative in the manner described in paragraphs (1) and (3) of
subsection (d).
`(ii) MULTIPLE VICTIMS- In a case involving multiple victims, subsection (d)(2) shall also apply.
`(C) LIMITATION- This paragraph relates to the
duties of a court in relation to the rights of a crime victim in
Federal habeas corpus proceedings arising out of a State conviction,
and does not give rise to any obligation or requirement applicable to
personnel of any agency of the Executive Branch of the Federal
Government.
`(D) DEFINITION- For purposes of this
paragraph, the term `crime victim' means the person against whom the
State offense is committed or, if that person is killed or
incapacitated, that person's family member or other lawful
representative.'.
SEC. 213. KIDNAPPING JURISDICTION.
Section 1201 of title 18, United States Code, is amended--
(1) in subsection (a)(1), by striking `if the
person was alive when the transportation began' and inserting `, or the
offender travels in interstate or foreign commerce or uses the mail or
any means, facility, or instrumentality of interstate or foreign
commerce in committing or in furtherance of the commission of the
offense'; and
(2) in subsection (b), by striking `to interstate' and inserting `in interstate'.
SEC. 214. MARITAL COMMUNICATION AND ADVERSE SPOUSAL PRIVILEGE.
The Committee on Rules, Practice, Procedure, and
Evidence of the Judicial Conference of the United States shall study
the necessity and desirability of amending the Federal Rules of
Evidence to provide that the confidential marital communications
privilege and the adverse spousal privilege shall be inapplicable in
any Federal proceeding in which a spouse is charged with a crime
against--
(1) a child of either spouse; or
(2) a child under the custody or control of either spouse.
SEC. 215. ABUSE AND NEGLECT OF INDIAN CHILDREN.
Section 1153(a) of title 18, United States Code, is amended by inserting `felony child abuse or neglect,' after `years,'.
SEC. 216. IMPROVEMENTS TO THE BAIL REFORM ACT TO ADDRESS SEX CRIMES AND OTHER MATTERS.
Section 3142 of title 18, United States Code, is amended--
(1) in subsection (c)(1)(B), by inserting at the
end the following: `In any case that involves a minor victim under
section 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 2251A,
2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2),
2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425 of this
title, or a failure to register offense under section 2250 of this
title, any release order shall contain, at a minimum, a condition of
electronic monitoring and each of the conditions specified at
subparagraphs (iv), (v), (vi), (vii), and (viii).'
(2) in subsection (f)(1)--
(A) in subparagraph (C), by striking `or' at the end; and
(B) by adding at the end the following:
`(E) any felony that is not otherwise a crime
of violence that involves a minor victim or that involves the
possession or use of a firearm or destructive device (as those terms
are defined in section 921), or any other dangerous weapon, or involves
a failure to register under section 2250 of title 18, United States
Code; or'; and
(3) in subsection (g), by striking paragraph (1) and inserting the following:
`(1) the nature and circumstances of the offense
charged, including whether the offense is a crime of violence, a
Federal crime of terrorism, or involves a minor victim or a controlled
substance, firearm, explosive, or destructive device;'.
TITLE III--CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS
SEC. 301. JIMMY RYCE STATE CIVIL COMMITMENT PROGRAMS FOR SEXUALLY DANGEROUS PERSONS.
(a) Grants Authorized- Except as provided in subsection
(b), the Attorney General shall make grants to jurisdictions for the
purpose of establishing, enhancing, or operating effective civil
commitment programs for sexually dangerous persons.
(b) Limitation- The Attorney General shall not make any
grant under this section for the purpose of establishing, enhancing, or
operating any transitional housing for a sexually dangerous person in
or near a location where minors or other vulnerable persons are likely
to come into contact with that person.
(1) IN GENERAL- To be eligible to receive a grant
under this section, a jurisdiction shall, before the expiration of the
compliance period--
(A) have established a civil commitment program
for sexually dangerous persons that is consistent with guidelines
issued by the Attorney General; or
(B) submit a plan for the establishment of such a program.
(2) COMPLIANCE PERIOD- The compliance period
referred to in paragraph (1) expires on the date that is 2 years after
the date of the enactment of this Act. However, the Attorney General
may, on a case-by-case basis, extend the compliance period that applies
to a jurisdiction if the Attorney General considers such an extension
to be appropriate.
(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';
(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,';
(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
(i) by inserting `or other proceedings' after `trial'; and
(ii) by striking `chapter 207' and inserting `chapters 207 and 227';
(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';
(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;
`(e) Discharge- When the Director of the facility in
which a person is placed pursuant to subsection (d) determines that the
person's condition is such that he is no longer sexually dangerous to
others, or will not be sexually dangerous to others if released under a
prescribed regimen of medical, psychiatric, or psychological care or
treatment, he shall promptly file a certificate to that effect with the
clerk of the court that ordered the commitment. The clerk shall send a
copy of the certificate to the person's counsel and to the attorney for
the Government. The court shall order the discharge of the person or,
on motion of the attorney for the Government or on its own motion,
shall hold a hearing, conducted pursuant to the provisions of section
4247(d), to determine whether he should be released. If, after the
hearing, the court finds by a preponderance of the evidence that the
person's condition is such that--
`(1) he will not be sexually dangerous to others if
released unconditionally, the court shall order that he be immediately
discharged; or
`(2) he will not be sexually dangerous to others if
released under a prescribed regimen of medical, psychiatric, or
psychological care or treatment, the court shall--
`(A) order that he be conditionally discharged
under a prescribed regimen of medical, psychiatric, or psychological
care or treatment that has been prepared for him, that has been
certified to the court as appropriate by the Director of the facility
in which he is committed, and that has been found by the court to be
appropriate; and
`(B) order, as an explicit condition of
release, that he comply with the prescribed regimen of medical,
psychiatric, or psychological care or treatment.
The court at any time may, after a hearing employing
the same criteria, modify or eliminate the regimen of medical,
psychiatric, or psychological care or treatment.
`(f) Revocation of Conditional Discharge- The director
of a facility responsible for administering a regimen imposed on a
person conditionally discharged under subsection (e) shall notify the
Attorney General and the court having jurisdiction over the person of
any failure of the person to comply with the regimen. Upon such notice,
or upon other probable cause to believe that the person has failed to
comply with the prescribed regimen of medical, psychiatric, or
psychological care or treatment, the person may be arrested, and, upon
arrest, shall be taken without unnecessary delay before the court
having jurisdiction over him. The court shall, after a hearing,
determine whether the person should be remanded to a suitable facility
on the ground that he is sexually dangerous to others in light of his
failure to comply with the prescribed regimen of medical, psychiatric,
or psychological care or treatment.
`(g) Release to State of Certain Other Persons- If the
director of the facility in which a person is hospitalized or placed
pursuant to this chapter certifies to the Attorney General that a
person, against whom all charges have been dismissed for reasons not
related to the mental condition of the person, is a sexually dangerous
person, the Attorney General shall release the person to the
appropriate official of the State in which the person is domiciled or
was tried for the purpose of institution of State proceedings for civil
commitment. If neither such State will assume such responsibility, the
Attorney General shall release the person upon receipt of notice from
the State that it will not assume such responsibility, but not later
than 10 days after certification by the director of the facility.'.
TITLE IV--IMMIGRATION LAW REFORMS TO PREVENT SEX OFFENDERS FROM ABUSING CHILDREN
SEC. 401. FAILURE TO REGISTER A DEPORTABLE OFFENSE.
Section 237(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(A)) is amended--
(1) by redesignating clause (v) as clause (vi); and
(2) by inserting after clause (iv) the following new clause:
`(v) FAILURE TO REGISTER AS A SEX OFFENDER-
Any alien who is convicted under section 2250 of title 18, United
States Code, is deportable.'.
SEC. 402. BARRING CONVICTED SEX OFFENDERS FROM HAVING FAMILY-BASED PETITIONS APPROVED.
(a) Immigrant Family Members- Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), is amended--
(1) in subparagraph (A)(i), by striking `Any' and inserting `Except as provided in clause (viii), any';
(2) in subparagraph (A), by inserting after clause (vii) the following:
`(viii)(I) Clause (i) shall not apply to a
citizen of the United States who has been convicted of a specified
offense against a minor, unless the Secretary of Homeland Security, in
the Secretary's sole and unreviewable discretion, determines that the
citizen poses no risk to the alien with respect to whom a petition
described in clause (i) is filed.
`(II) For purposes of subclause (I), the
term `specified offense against a minor' is defined as in section 111
of the Adam Walsh Child Protection and Safety Act of 2006.'; and
(3) in subparagraph (B)(i)--
(A) by striking `(B)(i) Any alien' and
inserting the following: `(B)(i)(I) Except as provided in subclause
(II), any alien'; and
(B) by adding at the end the following:
`(I) Subclause (I) shall not apply in
the case of an alien lawfully admitted for permanent residence who has
been convicted of a specified offense against a minor (as defined in
subparagraph (A)(viii)(II)), unless the Secretary of Homeland Security,
in the Secretary's sole and unreviewable discretion, determines that
such person poses no risk to the alien with respect to whom a petition
described in subclause (I) is filed.'.
(b) Nonimmigrants- Section 101(a)(15)(K) (8 U.S.C.
1101(a)(15)(K)), is amended by inserting `(other than a citizen
described in section 204(a)(1)(A)(viii)(I))' after `citizen of the
United States' each place that phrase appears.
TITLE V--CHILD PORNOGRAPHY PREVENTION
SEC. 501. FINDINGS.
Congress makes the following findings:
(1) The effect of the intrastate production,
transportation, distribution, receipt, advertising, and possession of
child pornography on the interstate market in child pornography.
(A) The illegal production, transportation,
distribution, receipt, advertising and possession of child pornography,
as defined in section 2256(8) of title 18, United States Code, as well
as the transfer of custody of children for the production of child
pornography, is harmful to the physiological, emotional, and mental
health of the children depicted in child pornography and has a
substantial and detrimental effect on society as a whole.
(B) A substantial interstate market in child
pornography exists, including not only a multimillion dollar industry,
but also a nationwide network of individuals openly advertising their
desire to exploit children and to traffic in child pornography. Many of
these individuals distribute child pornography with the expectation of
receiving other child pornography in return.
(C) The interstate market in child pornography
is carried on to a substantial extent through the mails and other
instrumentalities of interstate and foreign commerce, such as the
Internet. The advent of the Internet has greatly increased the ease of
transporting, distributing, receiving, and advertising child
pornography in interstate commerce. The advent of digital cameras and
digital video cameras, as well as videotape cameras, has greatly
increased the ease of producing child pornography. The advent of
inexpensive computer equipment with the capacity to store large numbers
of digital images of child pornography has greatly increased the ease
of possessing child pornography. Taken together, these technological
advances have had the unfortunate result of greatly increasing the
interstate market in child pornography.
(D) Intrastate incidents of production,
transportation, distribution, receipt, advertising, and possession of
child pornography, as well as the transfer of custody of children for
the production of child pornography, have a substantial and direct
effect upon interstate commerce because:
(i) Some persons engaged in the production,
transportation, distribution, receipt, advertising, and possession of
child pornography conduct such activities entirely within the
boundaries of one state. These persons are unlikely to be content with
the amount of child pornography they produce, transport, distribute,
receive, advertise, or possess. These persons are therefore likely to
enter the interstate market in child pornography in search of
additional child pornography, thereby stimulating demand in the
interstate market in child pornography.
(ii) When the persons described in
subparagraph (D)(i) enter the interstate market in search of additional
child pornography, they are likely to distribute the child pornography
they already produce, transport, distribute, receive, advertise, or
possess to persons who will distribute additional child pornography to
them, thereby stimulating supply in the interstate market in child
pornography.
(iii) Much of the child pornography that
supplies the interstate market in child pornography is produced
entirely within the boundaries of one state, is not traceable, and
enters the interstate market surreptitiously. This child pornography
supports demand in the interstate market in child pornography and is
essential to its existence.
(E) Prohibiting the intrastate production,
transportation, distribution, receipt, advertising, and possession of
child pornography, as well as the intrastate transfer of custody of
children for the production of child pornography, will cause some
persons engaged in such intrastate activities to cease all such
activities, thereby reducing both supply and demand in the interstate
market for child pornography.
(F) Federal control of the intrastate incidents
of the production, transportation, distribution, receipt, advertising,
and possession of child pornography, as well as the intrastate transfer
of children for the production of child pornography, is essential to
the effective control of the interstate market in child pornography.
(2) The importance of protecting children from repeat exploitation in child pornography:
(A) The vast majority of child pornography
prosecutions today involve images contained on computer hard drives,
computer disks, and related media.
(B) Child pornography is not entitled to protection under the First Amendment and thus may be prohibited.
(C) The government has a compelling State
interest in protecting children from those who sexually exploit them,
and this interest extends to stamping out the vice of child pornography
at all levels in the distribution chain.
(D) Every instance of viewing images of child
pornography represents a renewed violation of the privacy of the
victims and a repetition of their abuse.
(E) Child pornography constitutes prima facie
contraband, and as such should not be distributed to, or copied by,
child pornography defendants or their attorneys.
(F) It is imperative to prohibit the
reproduction of child pornography in criminal cases so as to avoid
repeated violation and abuse of victims, so long as the government
makes reasonable accommodations for the inspection, viewing, and
examination of such material for the purposes of mounting a criminal
defense.
SEC. 502. OTHER RECORD KEEPING REQUIREMENTS.
(a) In General- Section 2257 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting after
`videotape,' the following: `digital image, digitally- or
computer-manipulated image of an actual human being, picture,';
(2) in subsection (e)(1), by adding at the end the
following: `In this paragraph, the term `copy' includes every page of a
website on which matter described in subsection (a) appears.';
(3) in subsection (f), by--
(A) in paragraph (3), by striking `and' after the semicolon;
(B) in paragraph (4), by striking the period and inserting `; and'; and
(C) by adding at the end the following:
`(5) for any person to whom subsection (a) applies
to refuse to permit the Attorney General or his or her designee to
conduct an inspection under subsection (c).'; and
(4) by striking subsection (h) and inserting the following:
`(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'--
`(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;
`(iii) any activity, other than those
activities identified in subparagraph (A), that does not involve the
hiring, contracting for, managing, or otherwise arranging for the
participation of the depicted performers;
`(iv) the provision of a telecommunications
service, or of an Internet access service or Internet information
location tool (as those terms are defined in section 231 of the
Communications Act of 1934 (47 U.S.C. 231)); or
`(v) the transmission, storage, retrieval,
hosting, formatting, or translation (or any combination thereof) of a
communication, without selection or alteration of the content of the
communication, except that deletion of a particular communication or
material made by another person in a manner consistent with section
230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)) shall not
constitute such selection or alteration of the content of the
communication; and
`(3) the term `performer' includes any person
portrayed in a visual depiction engaging in, or assisting another
person to engage in, sexually explicit conduct.'.
(b) Construction- The provisions of section 2257 shall
not apply to any depiction of actual sexually explicit conduct as
described in clause (v) of section 2256(2)(A) of title 18, United
States Code, produced in whole or in part, prior to the effective date
of this section unless that depiction also includes actual sexually
explicit conduct as described in clauses (i) through (iv) of section
2256(2)(A) of title 18, United States Code.
SEC. 503. RECORD KEEPING REQUIREMENTS FOR SIMULATED SEXUAL CONDUCT.
(a) In General- Chapter 110 of title 18, United States Code, is amended by inserting after section 2257 the following:
`SEC. 2257A. RECORD KEEPING REQUIREMENTS FOR SIMULATED SEXUAL CONDUCT.
`(a) Whoever produces any book, magazine, periodical,
film, videotape, digital image, digitally- or computer-manipulated
image of an actual human being, picture, or other matter that--
`(1) contains 1 or more visual depictions of simulated sexually explicit conduct; and
`(2) is produced in whole or in part with materials
which have been mailed or shipped in interstate or foreign commerce, or
is shipped or transported or is intended for shipment or transportation
in interstate or foreign commerce;
shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.
`(b) Any person to whom subsection (a) applies shall,
with respect to every performer portrayed in a visual depiction of
simulated sexually explicit conduct--
`(1) ascertain, by examination of an identification
document containing such information, the performer's name and date of
birth, and require the performer to provide such other indicia of his
or her identity as may be prescribed by regulations;
`(2) ascertain any name, other than the performer's
present and correct name, ever used by the performer including maiden
name, alias, nickname, stage, or professional name; and
`(3) record in the records required by subsection
(a) the information required by paragraphs (1) and (2) and such other
identifying information as may be prescribed by regulation.
`(c) Any person to whom subsection (a) applies shall
maintain the records required by this section at their business
premises, or at such other place as the Attorney General may by
regulation prescribe and shall make such records available to the
Attorney General for inspection at all reasonable times.
`(d)(1) No information or evidence obtained from
records required to be created or maintained by this section shall,
except as provided in this section, directly or indirectly, be used as
evidence against any person with respect to any violation of law.
`(2) Paragraph (1) shall not preclude the use of such
information or evidence in a prosecution or other action for a
violation of this chapter or chapter 71, or for a violation of any
applicable provision of law with respect to the furnishing of false
information.
`(e)(1) Any person to whom subsection (a) applies shall
cause to be affixed to every copy of any matter described in subsection
(a)(1) in such manner and in such form as the Attorney General shall by
regulations prescribe, a statement describing where the records
required by this section with respect to all performers depicted in
that copy of the matter may be located. In this paragraph, the term
`copy' includes every page of a website on which matter described in
subsection (a) appears.
`(2) If the person to whom subsection (a) applies is an
organization the statement required by this subsection shall include
the name, title, and business address of the individual employed by
such organization responsible for maintaining the records required by
this section.
`(f) It shall be unlawful--
`(1) for any person to whom subsection (a) applies
to fail to create or maintain the records as required by subsections
(a) and (c) or by any regulation promulgated under this section;
`(2) for any person to whom subsection (a) applies
knowingly to make any false entry in or knowingly to fail to make an
appropriate entry in, any record required by subsection (b) or any
regulation promulgated under this section;
`(3) for any person to whom subsection (a) applies
knowingly to fail to comply with the provisions of subsection (e) or
any regulation promulgated pursuant to that subsection; or
`(4) for any person knowingly to sell or otherwise
transfer, or offer for sale or transfer, any book, magazine,
periodical, film, video, or other matter, produced in whole or in part
with materials which have been mailed or shipped in interstate or
foreign commerce or which is intended for shipment in interstate or
foreign commerce, that--
`(A) contains 1 or more visual depictions made
after the date of enactment of this subsection of simulated sexually
explicit conduct; and
`(B) is produced in whole or in part with
materials which have been mailed or shipped in interstate or foreign
commerce, or is shipped or transported or is intended for shipment or
transportation in interstate or foreign commerce;
which does not have affixed thereto, in a manner
prescribed as set forth in subsection (e)(1), a statement describing
where the records required by this section may be located, but such
person shall have no duty to determine the accuracy of the contents of
the statement or the records required to be kept.
`(5) for any person to whom subsection (a) applies
to refuse to permit the Attorney General or his or her designee to
conduct an inspection under subsection (c).
`(g) As used in this section, the terms `produces' and `performer' have the same meaning as in section 2257(h) of this title.
`(h)(1) The provisions of this section and section 2257
shall not apply to matter, or any image therein, containing one or more
visual depictions of simulated sexually explicit conduct, or actual
sexually explicit conduct as described in clause (v) of section
2256(2)(A), if such matter--
`(A)(i) is intended for commercial distribution;
`(ii) is created as a part of a commercial
enterprise by a person who certifies to the Attorney General that such
person regularly and in the normal course of business collects and
maintains individually identifiable information regarding all
performers, including minor performers, employed by that person,
pursuant to Federal and State tax, labor, and other laws, labor
agreements, or otherwise pursuant to industry standards, where such
information includes the name, address, and date of birth of the
performer; and
`(iii) is not produced, marketed or made available
by the person described in clause (ii) to another in circumstances such
than an ordinary person would conclude that the matter contains a
visual depiction that is child pornography as defined in section
2256(8); or
`(B)(i) is subject to the authority and regulation
of the Federal Communications Commission acting in its capacity to
enforce section 1464 of this title, regarding the broadcast of obscene,
indecent or profane programming; and
`(ii) is created as a part of a commercial
enterprise by a person who certifies to the Attorney General that such
person regularly and in the normal course of business collects and
maintains individually identifiable information regarding all
performers, including minor performers, employed by that person,
pursuant to Federal and State tax, labor, and other laws, labor
agreements, or otherwise pursuant to industry standards, where such
information includes the name, address, and date of birth of the
performer.
`(2) Nothing in subparagraphs (A) and (B) of paragraph
(1) shall be construed to exempt any matter that contains any visual
depiction that is child pornography, as defined in section 2256(8), or
is actual sexually explicit conduct within the definitions in clauses
(i) through (iv) of section 2256(2)(A).
`(i)(1) Whoever violates this section shall be
imprisoned for not more than 1 year, and fined in accordance with the
provisions of this title, or both.
`(2) Whoever violates this section in an effort to
conceal a substantive offense involving the causing, transporting,
permitting or offering or seeking by notice or advertisement, a minor
to engage in sexually explicit conduct for the purpose of producing a
visual depiction of such conduct in violation of this title, or to
conceal a substantive offense that involved trafficking in material
involving the sexual exploitation of a minor, including receiving,
transporting, advertising, or possessing material involving the sexual
exploitation of a minor with intent to traffic, in violation of this
title, shall be imprisoned for not more than 5 years and fined in
accordance with the provisions of this title, or both.
`(3) Whoever violates paragraph (2) after having been
previously convicted of a violation punishable under that paragraph
shall be imprisoned for any period of years not more than 10 years but
not less than 2 years, and fined in accordance with the provisions of
this title, or both.
`The provisions of this section shall not become
effective until 90 days after the final regulations implementing this
section are published in the Federal Register. The provisions of this
section shall not apply to any matter, or image therein, produced, in
whole or in part, prior to the effective date of this section.
`(k) On an annual basis, the Attorney General shall submit a report to Congress--
`(1) concerning the enforcement of this section and
section 2257 by the Department of Justice during the previous 12-month
period; and
`(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) The provisions of section 413 of the Controlled
Substances Act (21 U.S.C. 853), with the exception of subsections (a)
and (d), shall apply to the criminal forfeiture of property pursuant to
subsection (a).
`(c) Any property subject to forfeiture pursuant to
subsection (a) may be forfeited to the United States in a civil case in
accordance with the procedures set forth in chapter 46 of this title.'.
(b) Property Subject to Criminal Forfeiture- Section 2253(a) of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting `or who is convicted of an offense under section 2252B of this chapter,' after `2260 of this chapter'; and
(B) by striking `an offense under section 2421, 2422, or 2423 of chapter 117' and inserting `an offense under chapter 109A';
(2) in paragraph (1), by inserting `2252A, 2252B, or 2260' after `2252'; and
(3) in paragraph (3), by inserting `or any property traceable to such property' before the period.
(c) Criminal Forfeiture Procedure- Section 2253 of
title 18, United States Code, is amended by striking subsections (b)
through (o) and inserting the following:
`(b) Section 413 of the Controlled Substances Act (21
U.S.C. 853) with the exception of subsections (a) and (d), applies to
the criminal forfeiture of property pursuant to subsection (a).'.
(d) Civil Forfeiture- Section 2254 of title 18, United States Code, is amended to read as follows:
`Sec. 2254. Civil forfeiture
`Any property subject to forfeiture pursuant to section
2253 may be forfeited to the United States in a civil case in
accordance with the procedures set forth in chapter 46.'.
SEC. 506. PROHIBITING THE PRODUCTION OF OBSCENITY AS WELL AS TRANSPORTATION, DISTRIBUTION, AND SALE.
(a) Section 1465- Section 1465 of title 18 of the United States Code is amended--
(1) by inserting `production and-' before `transportation' in the heading of the section;
(2) by inserting `produces with the intent to
transport, distribute, or transmit in interstate or foreign commerce,
or whoever knowingly' after `whoever knowingly' and before `transports
or travels in'; and
(3) by inserting a comma after `in or affecting such commerce'.
(b) Section 1466- Section 1466 of title 18 of the United States Code is amended--
(1) in subsection (a), by inserting `producing with
intent to distribute or sell, or' before `selling or transferring
obscene matter,';
(2) in subsection (b), by inserting, `produces' before `sells or transfers or offers to sell or transfer obscene matter'; and
(3) in subsection (b) by inserting `production,'
before `selling or transferring or offering to sell or transfer such
material.'.
SEC. 507. GUARDIANS AD LITEM.
Section 3509(h)(1) of title 18, United States Code, is
amended by inserting `, and provide reasonable compensation and payment
of expenses for,' before `a guardian'.
TITLE VI--GRANTS, STUDIES, AND PROGRAMS FOR CHILDREN AND COMMUNITY SAFETY
Subtitle A--Mentoring Matches for Youth Act
SEC. 601. SHORT TITLE.
This subtitle may be cited as the `Mentoring Matches for Youth Act of 2006'.
SEC. 602. FINDINGS.
Congress finds the following:
(1) Big Brothers Big Sisters of America, which was
founded in 1904 and chartered by Congress in 1958, is the oldest and
largest mentoring organization in the United States.
(2) There are over 450 Big Brothers Big Sisters of
America local agencies providing mentoring programs for at-risk
children in over 5,000 communities throughout every State, Guam, and
Puerto Rico.
(3) Over the last decade, Big Brothers Big Sisters
of America has raised a minimum of 75 percent of its annual operating
budget from private sources and is continually working to grow private
sources of funding to maintain this ratio of private to Federal funds.
(4) In 2005, Big Brothers Big Sisters of America provided mentors for over 235,000 children.
(5) Big Brothers Big Sisters of America has a goal to provide mentors for 1,000,000 children per year.
SEC. 603. GRANT PROGRAM FOR EXPANDING BIG BROTHERS BIG SISTERS MENTORING PROGRAM.
In each of fiscal years 2007 through 2012, the
Administrator of the Office of Juvenile Justice and Delinquency
Prevention (hereafter in this Act referred to as the `Administrator')
may make grants to Big Brothers Big Sisters of America to use for
expanding the capacity of and carrying out the Big Brothers Big Sisters
mentoring programs for at-risk youth.
SEC. 604. BIANNUAL REPORT.
(a) In General- Big Brothers Big Sisters of America
shall submit 2 reports to the Administrator in each of fiscal years
2007 through 2013. Big Brothers Big Sisters of America shall submit the
first report in a fiscal year not later than April 1 of that fiscal
year and the second report in a fiscal year not later than September 30
of that fiscal year.
(b) Required Content- Each such report shall include the following:
(1) A detailed statement of the progress made by
Big Brothers Big Sisters of America in expanding the capacity of and
carrying out mentoring programs for at-risk youth.
(2) A detailed statement of how the amounts received under this Act have been used.
(3) A detailed assessment of the effectiveness of the mentoring programs.
(4) Recommendations for continued grants and the appropriate amounts for such grants.
SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $9,000,000 for fiscal year 2007;
(2) $10,000,000 for fiscal year 2008;
(3) $11,500,000 for fiscal year 2009;
(4) $13,000,000 for fiscal year 2010; and
(5) $15,000,000 for fiscal year 2011.
Subtitle B--National Police Athletic League Youth Enrichment Act
SEC. 611. SHORT TITLE.
This subtitle may be cited as the `National Police Athletic League Youth Enrichment Reauthorization Act of 2006'.
SEC. 612. FINDINGS.
Section 2 of the National Police Athletic League Youth Enrichment Act of 2000 (42 U.S.C. 13751 note) is amended--
(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';
(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--
(A) by striking `320 established PAL chapters' and inserting `342 established PAL chapters'; and
(B) by striking `and' at the end;
(2) in paragraph (2), by striking `2006.' and inserting `2010; and'; and
(3) by adding at the end the following:
`(3) support of an annual gathering of PAL chapters
and designated youth leaders from such chapters to participate in a
3-day conference that addresses national and local issues impacting the
youth of America and includes educational sessions to advance character
and leadership skills.'.
SEC. 614. GRANTS AUTHORIZED.
Section 5 of the National Police Athletic League Youth Enrichment Act of 2000 (42 U.S.C. 13751 note) is amended--
(1) in subsection (a), by striking `2001 through 2005' and inserting `2006 through 2010'; and
(2) in subsection (b)(1)(B), by striking `not less
than 570 PAL chapters in operation before January 1, 2004' and
inserting `not fewer than 500 PAL chapters in operation before January
1, 2010'.
SEC. 615. USE OF FUNDS.
Section 6(a)(2) of the National Police Athletic League Youth Enrichment Act of 2000 (42 U.S.C. 13751 note) is amended--
(1) in the matter preceding subparagraph (A), by striking `four' and inserting `two'; and
(2) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking `two programs' and inserting `one program';
(B) in clause (iii), by striking `or';
(C) in clause (iv), by striking `and' and inserting `or'; and
(D) by inserting after clause (iv) the following:
`(v) character development and leadership training; and'.
SEC. 616. AUTHORIZATION OF APPROPRIATIONS.
Section 8(a) of the National Police Athletic League
Youth Enrichment Act of 2000 (42 U.S.C. 13751 note) is amended by
striking `2001 through 2005' and inserting `2006 through 2010'.
SEC. 617. NAME OF LEAGUE.
(a) Definitions- Section 4(4) of the National Police
Athletic League Youth Enrichment Act of 2000 (42 U.S.C. 13751 note) is
amended in the paragraph heading, by striking `Athletic' and inserting
`Athletic/activities'.
(b) Text- The National Police Athletic League Youth
Enrichment Act of 2000 (42 U.S.C. 13751 note) is amended by striking
`Police Athletic League' each place such term appears and inserting
`Police Athletic/Activities League'.
Subtitle C--Grants, Studies, and Other Provisions
SEC. 621. PILOT PROGRAM FOR MONITORING SEXUAL OFFENDERS.
(a) Sex Offender Monitoring Program-
(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.
(A) IN GENERAL- Each State, local government,
or Indian tribal government desiring a grant under this section shall
submit an application to the Attorney General at such time, in such
manner, and accompanied by such information as the Attorney General may
reasonably require.
(B) CONTENTS- Each application submitted pursuant to subparagraph (A) shall--
(i) describe the activities for which assistance under this section is sought; and
(ii) provide such additional assurances as
the Attorney General determines to be essential to ensure compliance
with the requirements of this section.
(b) Innovation- In making grants under this section,
the Attorney General shall ensure that different approaches to
monitoring are funded to allow an assessment of effectiveness.
(c) Authorization of Appropriations-
(1) IN GENERAL- There are authorized to be
appropriated $5,000,000 for each of the fiscal years 2007 through 2009
to carry out this section.
(2) REPORT- Not later than September 1, 2010, the Attorney General shall report to Congress--
(A) assessing the effectiveness and value of this section;
(B) comparing the cost effectiveness of the electronic monitoring to reduce sex offenses compared to other alternatives; and
(C) making recommendations for continuing funding and the appropriate levels for such funding.
SEC. 622. TREATMENT AND MANAGEMENT OF SEX OFFENDERS IN THE BUREAU OF PRISONS.
Section 3621 of title 18, United States Code, is amended by adding at the end the following new subsection:
`(f) Sex Offender Management-
`(1) IN GENERAL- The Bureau of Prisons shall make
available appropriate treatment to sex offenders who are in need of and
suitable for treatment, as follows:
`(A) SEX OFFENDER MANAGEMENT PROGRAMS- The
Bureau of Prisons shall establish non-residential sex offender
management programs to provide appropriate treatment, monitoring, and
supervision of sex offenders and to provide aftercare during
pre-release custody.
`(B) RESIDENTIAL SEX OFFENDER TREATMENT
PROGRAMS- The Bureau of Prisons shall establish residential sex
offender treatment programs to provide treatment to sex offenders who
volunteer for such programs and are deemed by the Bureau of Prisons to
be in need of and suitable for residential treatment.
`(2) REGIONS- At least 1 sex offender management
program under paragraph (1)(A), and at least one residential sex
offender treatment program under paragraph (1)(B), shall be established
in each region within the Bureau of Prisons.
`(3) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated to the Bureau of Prisons for each fiscal
year such sums as may be necessary to carry out this subsection.'.
SEC. 623. SEX OFFENDER APPREHENSION GRANTS; JUVENILE SEX OFFENDER TREATMENT GRANTS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding at the end the following new part:
`PART X--SEX OFFENDER APPREHENSION GRANTS; JUVENILE SEX OFFENDER TREATMENT GRANTS
`SEC. 3011. SEX OFFENDER APPREHENSION GRANTS.
`(a) Authority To Make Sex Offender Apprehension Grants-
`(1) IN GENERAL- From amounts made available to
carry out this part, the Attorney General may make grants to States,
units of local government, Indian tribal governments, other public and
private entities, and multi-jurisdictional or regional consortia
thereof for activities specified in paragraph (2).
`(2) COVERED ACTIVITIES- An activity referred to in
paragraph (1) is any program, project, or other activity to assist a
State in enforcing sex offender registration requirements.
`(b) Authorization of Appropriations- There are
authorized to be appropriated such sums as may be necessary for fiscal
years 2007 through 2009 to carry out this part.
`SEC. 3012. JUVENILE SEX OFFENDER TREATMENT GRANTS.
`(a) Authority To Make Juvenile Sex Offender Treatment Grants-
`(1) IN GENERAL- From amounts made available to
carry out this part, the Attorney General may make grants to units of
local government, Indian tribal governments, correctional facilities,
other public and private entities, and multijurisdictional or regional
consortia thereof for activities specified in paragraph (2).
`(2) COVERED ACTIVITIES- An activity referred to in
paragraph (1) is any program, project, or other activity to assist in
the treatment of juvenile sex offenders.
`(b) Juvenile Sex Offender Defined- For purposes of
this section, the term `juvenile sex offender' is a sex offender who
had not attained the age of 18 years at the time of his or her offense.
`(c) Authorization of Appropriations- There are
authorized to be appropriated $10,000,000 for each of fiscal years 2007
through 2009 to carry out this part.'.
SEC. 624. ASSISTANCE FOR PROSECUTION OF CASES CLEARED THROUGH USE OF DNA BACKLOG CLEARANCE FUNDS.
(a) In General- The Attorney General may make grants to
train and employ personnel to help prosecute cases cleared through use
of funds provided for DNA backlog elimination.
(b) Authorization- There are authorized to be
appropriated such sums as may be necessary for each of fiscal years
2007 through 2011 to carry out this section.
SEC. 625. GRANTS TO COMBAT SEXUAL ABUSE OF CHILDREN.
(a) In General- The Bureau of Justice Assistance is authorized to make grants under this section--
(1) to any law enforcement agency that serves a jurisdiction with 50,000 or more residents; and
(2) to any law enforcement agency that serves a jurisdiction with fewer than 50,000 residents, upon a showing of need.
(b) Use of Grant Amounts- Grants under this section may be used by the law enforcement agency to--
(1) hire additional law enforcement personnel or
train existing staff to combat the sexual abuse of children through
community education and outreach, investigation of complaints,
enforcement of laws relating to sex offender registries, and management
of released sex offenders;
(2) investigate the use of the Internet to facilitate the sexual abuse of children; and
(3) purchase computer hardware and software
necessary to investigate sexual abuse of children over the Internet,
access local, State, and Federal databases needed to apprehend sex
offenders, and facilitate the creation and enforcement of sex offender
registries.
(c) Criteria- The Attorney General shall give priority to law enforcement agencies making a showing of need.
(d) Authorization of Appropriations- There are
authorized to be appropriated such sums as may be necessary for fiscal
years 2007 through 2009 to carry out this section.
SEC. 626. CRIME PREVENTION CAMPAIGN GRANT.
Subpart 2 of part E of title I of the Omnibus Crime
Control and Safe Street Act of 1968 is amended by adding at the end the
following new chapter:
`CHAPTER 4--GRANTS TO PRIVATE ENTITIES
`SEC. 519. CRIME PREVENTION CAMPAIGN GRANT.
`(a) Grant Authorization- The Attorney General may
provide a grant to a national private, nonprofit organization that has
expertise in promoting crime prevention through public outreach and
media campaigns in coordination with law enforcement agencies and other
local government officials, and representatives of community public
interest organizations, including schools and youth-serving
organizations, faith-based, and victims' organizations and employers.
`(b) Application- To request a grant under this
section, an organization described in subsection (a) shall submit an
application to the Attorney General in such form and containing such
information as the Attorney General may require.
`(c) Use of Funds- An organization that receives a grant under this section shall--
`(1) create and promote national public communications campaigns;
`(2) develop and distribute publications and other educational materials that promote crime prevention;
`(3) design and maintain web sites and related web-based materials and tools;
`(4) design and deliver training for law
enforcement personnel, community leaders, and other partners in public
safety and hometown security initiatives;
`(5) design and deliver technical assistance to
States, local jurisdictions, and crime prevention practitioners and
associations;
`(6) coordinate a coalition of Federal, national, and statewide organizations and communities supporting crime prevention;
`(7) design, deliver, and assess demonstration programs;
`(8) operate McGruff-related programs, including McGruff Club;
`(9) operate the Teens, Crime, and Community Program; and
`(10) evaluate crime prevention programs and trends.
`(d) Authorization of Appropriations- There are authorized to be appropriated to carry out this section--
`(1) for fiscal year 2007, $7,000,000;
`(2) for fiscal year 2008, $8,000,000;
`(3) for fiscal year 2009, $9,000,000; and
`(4) for fiscal year 2010, $10,000,000.'.
SEC. 627. GRANTS FOR FINGERPRINTING PROGRAMS FOR CHILDREN.
(a) In General- The Attorney General shall establish
and implement a program under which the Attorney General may make
grants to States, units of local government, and Indian tribal
governments in accordance with this section.
(b) Use of Grant Amounts- A grant made to a State, unit
of local government, or Indian tribal government under subsection (a)
shall be distributed to law enforcement agencies within the
jurisdiction of such State, unit, or tribal government to be used for
any of the following activities:
(1) To establish a voluntary fingerprinting program for children, which may include the taking of palm prints of children.
(2) To hire additional law enforcement personnel,
or train existing law enforcement personnel, to take fingerprints of
children.
(3) To provide information within the community involved about the existence of such a fingerprinting program.
(4) To provide for computer hardware, computer
software, or other materials necessary to carry out such a
fingerprinting program.
(c) Limitation- Fingerprints of a child derived from a program funded under this section--
(1) may be released only to a parent or guardian of the child; and
(2) may not be copied or retained by any Federal,
State, local, or tribal law enforcement officer unless written
permission is given by the parent or guardian.
(d) Criminal Penalty- Any person who uses the
fingerprints of a child derived from a program funded under this
section for any purpose other than the purpose described in subsection
(c)(1) shall be subject to imprisonment for not more than 1 year, a
fine under title 18, United States Code, or both.
(e) Authorization of Appropriations- There is
authorized to be appropriated $20,000,000 to carry out this section for
the 5-year period beginning on the first day of fiscal year 2007.
SEC. 628. GRANTS FOR RAPE, ABUSE & INCEST NATIONAL NETWORK.
(a) Findings- Congress finds as follows:
(1) More than 200,000 Americans each year are victims of sexual assault, according to the Department of Justice.
(2) In 2004, 1 American was sexually assaulted every 2.5 minutes.
(3) One of every 6 women, and 1 of every 133 men,
in America has been the victim of a completed or attempted rape,
according to the Department of Justice.
(4) The Federal Bureau of Investigation ranks rape
second in the hierarchy of violent crimes for its Uniform Crime
Reports, trailing only murder.
(5) The Federal Government, through the Victims of
Crime Act, Violence Against Women Act, and other laws, has long played
a role in providing services to sexual assault victims and in seeking
policies to increase the number of rapists brought to justice.
(6) Research suggests that sexual assault victims
who receive counseling support are more likely to report their attack
to the police and to participate in the prosecution of the offender.
(7) Due in part to the combined efforts of law
enforcement officials at the local, State, and Federal level, as well
as the efforts of the Rape, Abuse & Incest National Network (RAINN)
and its affiliated rape crisis centers across the United States, sexual
violence in America has fallen by more than half since 1994.
(8) RAINN, a 501(c)(3) nonprofit corporation
headquartered in the District of Columbia, has since 1994 provided help
to victims of sexual assault and educated the public about sexual
assault prevention, prosecution, and recovery.
(9) RAINN established and continues to operate the
National Sexual Assault Hotline, a free, confidential telephone hotline
that provides help, 24 hours a day, to victims nationally.
(10) More than 1,100 local rape crisis centers in
the 50 States and the District of Columbia partner with RAINN and are
members of the National Sexual Assault Hotline network (which has
helped more than 970,000 people since its inception in 1994).
(11) To better serve victims of sexual assault, 80
percent of whom are under age 30 and 44 percent of whom are under age
18, RAINN will soon launch the National Sexual Assault Online Hotline,
the web's first secure hotline service offering live help 24 hours a
day.
(12) Congress and the Department of Justice have given RAINN funding to conduct its crucial work.
(13) RAINN is a national model of public/private
partnership, raising private sector funds to match congressional
appropriations and receiving extensive private in-kind support,
including advanced technology provided by the communications and
technology industries to launch the National Sexual Assault Hotline and
the National Sexual Assault Online Hotline.
(14) Worth magazine selected RAINN as one of
`America's 100 Best Charities', in recognition of the organization's
`efficiency and effectiveness.'
(15) In fiscal year 2005, RAINN spent more than 91 cents of every dollar received directly on program services.
(16) The demand for RAINN's services is growing
dramatically, as evidenced by the fact that, in 2005, the National
Sexual Assault Hotline helped 137,039 people, an all-time record.
(17) The programs sponsored by RAINN and its local
affiliates have contributed to the increase in the percentage of
victims who report their rape to law enforcement.
(18) According to a recent poll, 92 percent of
American women said that fighting sexual and domestic violence should
be a top public policy priority (a higher percentage than chose health
care, child care, or any other issue).
(19) Authorizing Federal funds for RAINN's national
programs would promote continued progress with this interstate problem
and would make a significant difference in the prosecution of rapists
and the overall incidence of sexual violence.
(b) Duties and Functions of the Administrator-
(1) DESCRIPTION OF ACTIVITIES- The Administrator shall--
(A) issue such rules as the Administrator considers necessary or appropriate to carry out this section;
(B) make such arrangements as may be necessary
and appropriate to facilitate effective coordination among all
Federally funded programs relating to victims of sexual assault; and
(C) provide adequate staff and agency resources
which are necessary to properly carry out the responsibilities pursuant
to this section.
(2) ANNUAL GRANT TO RAPE, ABUSE & INCEST
NATIONAL NETWORK- The Administrator shall annually make a grant to
RAINN, which shall be used for the performance of the organization's
national programs, which may include--
(A) operation of the National Sexual Assault
Hotline, a 24-hour toll-free telephone line by which individuals may
receive help and information from trained volunteers;
(B) operation of the National Sexual Assault
Online Hotline, a 24-hour free online service by which individuals may
receive help and information from trained volunteers;
(C) education of the media, the general public,
and populations at risk of sexual assault about the incidence of sexual
violence and sexual violence prevention, prosecution, and recovery;
(D) dissemination, on a national basis, of
information relating to innovative and model programs, services, laws,
legislation, and policies that benefit victims of sexual assault; and
(E) provision of technical assistance to law
enforcement agencies, State and local governments, the criminal justice
system, public and private nonprofit agencies, and individuals in the
investigation and prosecution of cases involving victims of sexual
assault.
(c) Definitions- For the purposes of this section:
(1) ADMINISTRATOR- The term `Administrator' means
the Administrator of the Office of Juvenile Justice and Delinquency
Prevention.
(2) RAINN- The term `RAINN' means the Rape, Abuse
& Incest National Network, a 501(c)(3) nonprofit corporation
headquartered in the District of Columbia.
(d) Authorization of Appropriations- There is
authorized to be appropriated to the Administrator to carry out this
section, $3,000,000 for each of fiscal years 2007 through 2010.
SEC. 629. CHILDREN'S SAFETY ONLINE AWARENESS CAMPAIGNS.
(a) Awareness Campaign for Children's Safety Online-
(1) IN GENERAL- The Attorney General, in
consultation with the National Center for Missing and Exploited
Children, is authorized to develop and carry out a public awareness
campaign to demonstrate, explain, and encourage children, parents, and
community leaders to better protect children when such children are on
the Internet.
(2) REQUIRED COMPONENTS- The public awareness
campaign described under paragraph (1) shall include components that
compliment and reinforce the campaign message in a variety of media,
including the Internet, television, radio, and billboards.
(b) Awareness Campaign Regarding the Accessibility and
Utilization of Sex Offender Registries- The Attorney General, in
consultation with the National Center for Missing and Exploited
Children, is authorized to develop and carry out a public awareness
campaign to demonstrate, explain, and encourage parents and community
leaders to better access and utilize the Federal and State sex offender
registries.
(c) Authorization of Appropriations- There are
authorized to be appropriated to carry out this section such sums as
are necessary for fiscal years 2007 through 2011.
SEC. 630. GRANTS FOR ONLINE CHILD SAFETY PROGRAMS.
(a) In General- The Attorney General shall, subject to
the availability of appropriations, make grants to States, units of
local government, and nonprofit organizations for the purposes of
establishing and maintaining programs with respect to improving and
educating children and parents in the best ways for children to be safe
when on the Internet.
(b) Definition of State- For purposes of this section,
the term `State' means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands.
(c) Authorization of Appropriations- There are
authorized to be appropriated to carry out this section such sums as
are necessary for fiscal years 2007 through 2011.
SEC. 631. JESSICA LUNSFORD ADDRESS VERIFICATION GRANT PROGRAM.
(a) Establishment- There is established the Jessica
Lunsford Address Verification Grant Program (hereinafter in this
section referred to as the `Program').
(b) Grants Authorized- Under the Program, the Attorney
General is authorized to award grants to State, local governments, and
Indian tribal governments to assist in carrying out programs requiring
an appropriate official to verify, at appropriate intervals, the
residence of all or some registered sex offenders.
(1) IN GENERAL- Each State or local government
seeking a grant under this section shall submit an application to the
Attorney General at such time, in such manner, and accompanied by such
information as the Attorney General may reasonably require.
(2) CONTENTS- Each application submitted pursuant to paragraph (1) shall--
(A) describe the activities for which assistance under this section is sought; and
(B) provide such additional assurances as the
Attorney General determines to be essential to ensure compliance with
the requirements of this section.
(d) Innovation- In making grants under this section,
the Attorney General shall ensure that different approaches to address
verification are funded to allow an assessment of effectiveness.
(e) Authorization of Appropriations-
(1) IN GENERAL- There are authorized to be
appropriated for each of the fiscal years 2007 through 2009 such sums
as may be necessary to carry out this section.
(2) REPORT- Not later than April 1, 2009, the Attorney General shall report to Congress--
(A) assessing the effectiveness and value of this section;
(B) comparing the cost effectiveness of address verification to reduce sex offenses compared to other alternatives; and
(C) making recommendations for continuing funding and the appropriate levels for such funding.
SEC. 632. FUGITIVE SAFE SURRENDER.
(a) Findings- Congress finds the following:
(1) Fugitive Safe Surrender is a program of the
United States Marshals Service, in partnership with public, private,
and faith-based organizations, which temporarily transforms a church
into a courthouse, so fugitives can turn themselves in, in an
atmosphere where they feel more comfortable to do so, and have
nonviolent cases adjudicated immediately.
(2) In the 4-day pilot program in Cleveland, Ohio,
over 800 fugitives turned themselves in. By contrast, a successful
Fugitive Task Force sweep, conducted for 3 days after Fugitive Safe
Surrender, resulted in the arrest of 65 individuals.
(3) Fugitive Safe Surrender is safer for defendants, law enforcement, and innocent bystanders than needing to conduct a sweep.
(4) Based upon the success of the pilot program,
Fugitive Safe Surrender should be expanded to other cities throughout
the United States.
(b) Establishment- The United States Marshals Service
shall establish, direct, and coordinate a program (to be known as the
`Fugitive Safe Surrender Program'), under which the United States
Marshals Service shall apprehend Federal, State, and local fugitives in
a safe, secure, and peaceful manner to be coordinated with law
enforcement and community leaders in designated cities throughout the
United States.
(c) Authorization of Appropriations- There are
authorized to be appropriated to the United States Marshals Service to
carry out this section--
(1) $3,000,000 for fiscal year 2007;
(2) $5,000,000 for fiscal year 2008; and
(3) $8,000,000 for fiscal year 2009.
(d) Other Existing Applicable Law- Nothing in this
section shall be construed to limit any existing authority under any
other provision of Federal or State law for law enforcement agencies to
locate or apprehend fugitives through task forces or any other means.
SEC. 633. NATIONAL REGISTRY OF SUBSTANTIATED CASES OF CHILD ABUSE.
(a) In General- The Secretary of Health and Human
Services, in consultation with the Attorney General, shall create a
national registry of substantiated cases of child abuse or neglect.
(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-
(A) TREATMENT OF REPORTS- The information to be
provided to the Secretary of Health and Human Services under this
section shall relate to substantiated reports of child abuse or neglect.
(B) EXCEPTION- If a State, Indian tribe, or
political subdivision of a State has an electronic register of cases of
child abuse or neglect equivalent to the registry established under
this section that it maintains pursuant to a requirement or
authorization under any other provision of law, the information
provided to the Secretary of Health and Human Services under this
section shall be coextensive with that in such register.
(2) FORM- Information provided to the Secretary of Health and Human Services under this section--
(A) shall be in a standardized electronic form determined by the Secretary of Health and Human Services; and
(B) shall contain case-specific identifying
information that is limited to the name of the perpetrator and the
nature of the substantiated case of child abuse or neglect, and that
complies with clauses (viii) and (ix) of section 106(b)(2)(A) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106(b)(2)(A)
(viii) and (ix)).
(d) Construction- This section shall not be construed
to require a State, Indian tribe, or political subdivision of a State
to modify--
(1) an equivalent register of cases of child abuse
or neglect that it maintains pursuant to a requirement or authorization
under any other provision of law; or
(2) any other record relating to child abuse or
neglect, regardless of whether the report of abuse or neglect was
substantiated, unsubstantiated, or determined to be unfounded.
(e) Accessibility- Information contained in the
national registry shall only be accessible to any Federal, State,
Indian tribe, or local government entity, or any agent of such
entities, that has a need for such information in order to carry out
its responsibilities under law to protect children from child abuse and
neglect.
(f) Dissemination- The Secretary of Health and Human
Services shall establish standards for the dissemination of information
in the national registry of substantiated cases of child abuse or
neglect. Such standards shall comply with clauses (viii) and (ix) of
section 106(b)(2)(A) of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5106(b)(2)(A) (viii) and (ix)).
(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.
(1) IN GENERAL- Not later than 5 years after the
date of enactment of this Act, the National Institute of Justice shall
report the results of the study conducted under subsection (a) together
with findings to Congress, through the Internet to the public, to each
of the 50 governors, to the Mayor of the District of Columbia, to
territory heads, and to the top official of the various Indian tribes.
(2) INTERIM REPORTS- The National Institute of Justice shall submit yearly interim reports.
(d) Appropriations- There are authorized to be appropriated $3,000,000 to carry out this section.
SEC. 635. ANNUAL REPORT ON ENFORCEMENT OF REGISTRATION REQUIREMENTS.
Not later than July 1 of each year, the Attorney General shall submit a report to Congress describing--
(1) the use by the Department of Justice of the
United States Marshals Service to assist jurisdictions in locating and
apprehending sex offenders who fail to comply with sex offender
registration requirements, as authorized by this Act;
(2) the use of section 2250 of title 18, United
States Code (as added by section 151 of this Act), to punish offenders
for failure to register;
(3) a detailed explanation of each jurisdiction's compliance with the Sex Offender Registration and Notification Act;
(4) a detailed description of Justice Department
efforts to ensure compliance and any funding reductions, the basis for
any decision to reduce funding or not to reduce funding under section
125; and
(5) the denial or grant of any extensions to comply
with the Sex Offender Registration and Notification Act, and the
reasons for such denial or grant.
SEC. 636. GOVERNMENT ACCOUNTABILITY OFFICE STUDIES ON
FEASIBILITY OF USING DRIVER'S LICENSE REGISTRATION PROCESSES AS
ADDITIONAL REGISTRATION REQUIREMENTS FOR SEX OFFENDERS.
For the purposes of determining the feasibility of
using driver's license registration processes as additional
registration requirements for sex offenders to improve the level of
compliance with sex offender registration requirements for change of
address upon relocation and other related updates of personal
information, the Congress requires the following studies:
(1) Not later than 180 days after the date of the
enactment of this Act, the Government Accountability Office shall
complete a study for the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of Representatives to
survey a majority of the States to assess the relative systems
capabilities to comply with a Federal law that required all State
driver's license systems to automatically access State and national
databases of registered sex offenders in a form similar to the
requirement of the Nevada law described in paragraph (2). The
Government Accountability Office shall use the information drawn from
this survey, along with other expert sources, to determine what the
potential costs to the States would be if such a Federal law came into
effect, and what level of Federal grants would be required to prevent
an unfunded mandate. In addition, the Government Accountability Office
shall seek the views of Federal and State law enforcement agencies,
including in particular the Federal Bureau of Investigation, with
regard to the anticipated effects of such a national requirement,
including potential for undesired side effects in terms of actual
compliance with this Act and related laws.
(2) Not later than February 1, 2007, the Government
Accountability Office shall complete a study to evaluate the provisions
of Chapter 507 of Statutes of Nevada 2005 to determine--
(A) if those provisions are effective in increasing the registration compliance rates of sex offenders;
(B) the aggregate direct and indirect costs for the State of Nevada to bring those provisions into effect; and
(C) how those provisions might be modified to improve compliance by registered sex offenders.
SEC. 637. SEX OFFENDER RISK CLASSIFICATION STUDY.
(a) Study- The Attorney General shall conduct a study
of risk-based sex offender classification systems, which shall include
an analysis of--
(1) various risk-based sex offender classification systems;
(2) the methods and assessment tools available to assess the risks posed by sex offenders;
(3) the efficiency and effectiveness of risk-based
sex offender classification systems, in comparison to offense-based sex
offender classification systems, in--
(A) reducing threats to public safety posed by sex offenders; and
(B) assisting law enforcement agencies and the public in identifying the most dangerous sex offenders;
(4) the resources necessary to implement, and the
legal implications of implementing, risk-based sex offender
classification systems for sex offender registries; and
(5) any other information the Attorney General
determines necessary to evaluate risk-based sex offender classification
systems.
(b) Report- Not later than 18 months after the date of
enactment of this Act, the Attorney General shall report to the
Congress the results of the study under this section.
(c) Study Conducted by Task Force- The Attorney General
may establish a task force to conduct the study and prepare the report
required under this section. Any task force established under this
section shall be composed of members, appointed by the Attorney
General, who--
(1) represent national, State, and local interests; and
(2) are especially qualified to serve on the task
force by virtue of their education, training, or experience,
particularly in the fields of sex offender management, community
education, risk assessment of sex offenders, and sex offender victim
issues.
SEC. 638. STUDY OF THE EFFECTIVENESS OF RESTRICTING THE ACTIVITIES OF SEX OFFENDERS TO REDUCE THE OCCURRENCE OF REPEAT OFFENSES.
(a) Study- The Attorney General shall conduct a study
to evaluate the effectiveness of monitoring and restricting the
activities of sex offenders to reduce the occurrence of repeat offenses
by such sex offenders, through conditions imposed as part of supervised
release or probation conditions. The study shall evaluate--
(1) the effectiveness of methods of monitoring and restricting the activities of sex offenders, including restrictions--
(A) on the areas in which sex offenders can reside, work, and attend school;
(B) limiting access by sex offenders to the Internet or to specific Internet sites; and
(C) preventing access by sex offenders to pornography and other obscene materials;
(2) the ability of law enforcement agencies and courts to enforce such restrictions; and
(3) the efficacy of any other restrictions that may reduce the occurrence of repeat offenses by sex offenders.
(b) Report- Not later than 6 months after the date of
enactment of this Act, the Attorney General shall report to the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate the results of the study under
this section.
SEC. 639. THE JUSTICE FOR CRIME VICTIMS FAMILY ACT.
(a) Short Title- This section may be cited as the `Justice for Crime Victims Family Act'.
(b) Study of Measures Needed To Improve Performance of
Homicide Investigators- Not later than 6 months after the date of the
enactment of this Act, the Attorney General shall submit to the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report--
(1) outlining what measures are needed to improve
the performance of Federal, State, and local criminal investigators of
homicide; and
(2) including an examination of--
(A) the benefits of increasing training and
resources for such investigators, with respect to investigative
techniques, best practices, and forensic services;
(B) the existence of any uniformity among State
and local jurisdictions in the measurement of homicide rates and
clearance of homicide cases;
(C) the coordination in the sharing of
information among Federal, State, and local law enforcement and
coroners and medical examiners; and
(D) the sources of funding that are in
existence on the date of the enactment of this Act for State and local
criminal investigators of homicide.
(c) Improvements Needed for Solving Homicides Involving
Missing Persons and Unidentified Human Remains- Not later than 6 months
after the date of the enactment of this Act, the Attorney General shall
submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate a
report--
(1) evaluating measures to improve the ability of
Federal, State, and local criminal investigators of homicide to solve
homicides involving missing persons and unidentified human remains; and
(2) including an examination of--
(A) measures to expand national criminal
records databases with accurate information relating to missing persons
and unidentified human remains;
(B) the collection of DNA samples from potential
131`high-risk' missing persons;
(C) the benefits of increasing access to national criminal records databases for medical examiners and coroners;
(D) any improvement in the performance of
postmortem examinations, autopsies, and reporting procedures of
unidentified persons or remains;
(E) any coordination between the National Center for Missing Children and the National Center for Missing Adults;
(F) website postings (or other uses of the
Internet) of information of identifiable information such as physical
features and characteristics, clothing, and photographs of missing
persons and unidentified human remains; and
(G) any improvement with respect to--
(i) the collection of DNA information for missing persons and unidentified human remains; and
(ii) entering such information into the
Combined DNA Index System of the Federal Bureau of Investigation and
national criminal records databases.
TITLE VII--INTERNET SAFETY ACT
SEC. 701. CHILD EXPLOITATION ENTERPRISES.
Section 2252A of title 18, United States Code, is amended by adding at the end the following:
`(g) Child Exploitation Enterprises-
`(1) Whoever engages in a child exploitation
enterprise shall be fined under this title and imprisoned for any term
of years not less than 20 or for life.
`(2) A person engages in a child exploitation
enterprise for the purposes of this section if the person violates
section 1591, section 1201 if the victim is a minor, or chapter 109A
(involving a minor victim), 110 (except for sections 2257 and 2257A),
or 117 (involving a minor victim), as a part of a series of felony
violations constituting three or more separate incidents and involving
more than one victim, and commits those offenses in concert with three
or more other persons.'.
SEC. 702. INCREASED PENALTIES FOR REGISTERED SEX OFFENDERS.
(a) Offense- Chapter 110 of title 18, United States Code, is amended by adding at the end the following:
`Sec. 2260A. Penalties for registered sex offenders
`Whoever, being required by Federal or other law to
register as a sex offender, commits a felony offense involving a minor
under section 1201, 1466A, 1470, 1591, 2241, 2242, 2243, 2244, 2245,
2251, 2251A, 2260, 2421, 2422, 2423, or 2425, shall be sentenced to a
term of imprisonment of 10 years in addition to the imprisonment
imposed for the offense under that provision. The sentence imposed
under this section shall be consecutive to any sentence imposed for the
offense under that provision.'.
(b) Clerical Amendment- The table of sections at the
beginning of chapter 110 of title 18, United States Code, is amended by
adding at the end the following new item:
`2260A. Increased penalties for registered sex offenders.'.
SEC. 703. DECEPTION BY EMBEDDED WORDS OR IMAGES.
(a) In General- Chapter 110 of title 18, United States Code, is amended by inserting after section 2252B the following:
`Sec. 2252C. Misleading words or digital images on the Internet
`(a) In General- Whoever knowingly embeds words or
digital images into the source code of a website with the intent to
deceive a person into viewing material constituting obscenity shall be
fined under this title and imprisoned for not more than 10 years.
`(b) Minors- Whoever knowingly embeds words or digital
images into the source code of a website with the intent to deceive a
minor into viewing material harmful to minors on the Internet shall be
fined under this title and imprisoned for not more than 20 years.
`(c) Construction- For the purposes of this section, a
word or digital image that clearly indicates the sexual content of the
site, such as `sex' or `porn', is not misleading.
`(d) Definitions- As used in this section--
`(1) the terms `material that is harmful to minors' and `sex' have the meaning given such terms in section 2252B; and
`(2) the term `source code' means the combination
of text and other characters comprising the content, both viewable and
nonviewable, of a web page, including any website publishing language,
programming language, protocol or functional content, as well as any
successor languages or protocols.'.
(b) Table of Sections- The table of sections for
chapter 110 of title 18, United States Code, is amended by inserting
after the item relating to section 2252B the following:
`2252C. Misleading words or digital images on the Internet.'.
SEC. 704. ADDITIONAL PROSECUTORS FOR OFFENSES RELATING TO THE SEXUAL EXPLOITATION OF CHILDREN.
(a) Definition- In this section, the term `offenses
relating to the sexual exploitation of children' shall include any
offense committed in violation of--
(1) chapter 71 of title 18, United States Code,
involving an obscene visual depiction of a minor, or transfer of
obscene materials to a minor;
(2) chapter 109A of title 18, United States Code, involving a victim who is a minor;
(3) chapter 109B of title 18, United States Code;
(4) chapter 110 of title 18, United States Code;
(5) chapter 117 of title 18, United States Code involving a victim who is a minor; and
(6) section 1591 of title 18, United States Code.
(b) Additional Prosecutors- In fiscal year 2007, the
Attorney General shall, subject to the availability of appropriations
for such purposes, increase by not less than 200 the number of
attorneys in United States Attorneys' Offices. The additional attorneys
shall be assigned to prosecute offenses relating to the sexual
exploitation of children.
(c) Authorization of Appropriations- There are
authorized to be appropriated to the Department of Justice for fiscal
year 2007 such sums as may be necessary to carry out this section.
SEC. 705. ADDITIONAL COMPUTER-RELATED RESOURCES.
(a) Department of Justice Resources- In fiscal year
2007, the Attorney General shall, subject to the availability of
appropriations for such purposes, increase by not less than 30 the
number of computer forensic examiners within the Regional Computer
Forensic Laboratories (RCFL). The additional computer forensic
examiners shall be dedicated to investigating crimes involving the
sexual exploitation of children and related offenses.
(b) Department of Homeland Security Resources- In
fiscal year 2007, the Secretary of Homeland Security shall, subject to
the availability of appropriations for such purposes, increase by not
less than 15 the number of computer forensic examiners within the Cyber
Crimes Center (C3). The additional computer forensic examiners shall be
dedicated to investigating crimes involving the sexual exploitation of
children and related offenses.
(c) Authorization of Appropriations- There are
authorized to be appropriated to the Department of Justice and the
Department of Homeland Security for fiscal year 2007 such sums as may
be necessary to carry out this section.
SEC. 706. ADDITIONAL ICAC TASK FORCES.
(a) Additional Task Forces- In fiscal year 2007, the
Administrator of the Office of Juvenile Justice and Delinquency
Prevention shall, subject to the availability of appropriations for
such purpose, increase by not less than 10 the number of Internet
Crimes Against Children Task Forces that are part of the Internet
Crimes Against Children Task Force Program authorized and funded under
title IV of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5771 et seq.). These Task Forces shall be in addition to the
ones authorized in section 143 of this Act.
(b) Authorization of Appropriations- There are
authorized to be appropriated to the Administrator of the Office of
Juvenile Justice and Delinquency Prevention for fiscal year 2007 such
sums as may be necessary to carry out this section.
SEC. 707. MASHA'S LAW.
(a) Short Title- This section may be cited as `Masha's Law'.
(b) In General- Section 2255(a) of title 18, United States Code, is amended--
(1) in the first sentence--
(A) by striking `(a) Any minor who is' and inserting the following:
`(a) In General- Any person who, while a minor, was';
(B) by inserting after `such violation' the
following: `, regardless of whether the injury occurred while such
person was a minor,'; and
(C) by striking `such minor' and inserting `such person'; and
(2) in the second sentence--
(A) by striking `Any minor' and inserting `Any person'; and
(B) by striking `$50,000' and inserting `$150,000'.
(c) Conforming Amendment- Section 2255(b) of title 18,
United States Code, is amended by striking `(b) Any action' and
inserting the following:
`(b) Statute of Limitations- Any action'.
Amend the title so as to read: `An Act to protect children from
sexual exploitation and violent crime, to prevent child abuse and child
pornography, to promote Internet safety, and to honor the memory of
Adam Walsh and other child crime victims.'.
Attest:
Secretary.
109th CONGRESS
2d Session
H. R. 4472
AMENDMENTS
END