 
Age analysis of the Walsh Act
Compiled by Marshall Burns, Ph.D. Additional background for Age Analysis of Recent US Sex Laws This file is modified from the official online text of the law by removing page numbers (“[[Page 120 STAT. nnn]]”) and by highlighting words that indicate the age of a person, to wit: “child,” “minor,” “juvenile,” “teen,” “age,” “old,” and “18,” “17,” “16,” … “10.”
[DOCID: f:publ248.109]
[[Page 120 STAT. 587]]
Public Law 109-248
109th Congress
An Act
To protect children from sexual exploitation and violent crime, to
prevent child abuse and child pornography, to promote Internet safety,
and to honor the memory of Adam Walsh and other child crime
victims. <<NOTE: July 27, 2006 - [H.R. 4472]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Adam Walsh Child
Protection and Safety Act of 2006. 42 USC 16901 note.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Adam Walsh Child
Protection and Safety Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. In recognition of John and Reve Walsh on the occasion of the
25th anniversary of Adam Walsh's abduction and murder.
TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT
Sec. 101. Short title.
Sec. 102. Declaration of purpose.
Sec. 103. Establishment of program.
Subtitle A--Sex Offender Registration and Notification
Sec. 111. Relevant definitions, including Amie Zyla expansion of sex
offender definition and expanded inclusion of child predators.
Sec. 112. Registry requirements for jurisdictions.
Sec. 113. Registry requirements for sex offenders.
Sec. 114. Information required in registration.
Sec. 115. Duration of registration requirement.
Sec. 116. Periodic in person verification.
Sec. 117. Duty to notify sex offenders of registration requirements and
to register.
Sec. 118. Public access to sex offender information through the
Internet.
Sec. 119. National Sex Offender Registry.
Sec. 120. Dru Sjodin National Sex Offender Public Website.
Sec. 121. Megan Nicole Kanka and Alexandra Nicole Zapp Community
Notification Program.
Sec. 122. Actions to be taken when sex offender fails to comply.
Sec. 123. Development and availability of registry management and
website software.
Sec. 124. Period for implementation by jurisdictions.
Sec. 125. Failure of jurisdiction to comply.
Sec. 126. Sex Offender Management Assistance (SOMA) Program.
Sec. 127. Election by Indian tribes.
Sec. 128. Registration of sex offenders entering the United States.
Sec. 129. Repeal of predecessor sex offender program.
Sec. 130. Limitation on liability for the National Center for Missing
and Exploited Children.
Sec. 131. Immunity for good faith conduct.
Subtitle B--Improving Federal Criminal Law Enforcement To Ensure Sex
Offender Compliance With Registration and Notification Requirements and
Protection of Children From Violent Predators
Sec. 141. Amendments to title 18, United States Code, relating to sex
offender
registration.
Sec. 142. Federal assistance with respect to violations of registration
requirements.
Sec. 143. Project Safe Childhood.
Sec. 144. Federal assistance in identification and location of sex
offenders relocated as a result of a major disaster.
Sec. 145. Expansion of training and technology efforts.
Sec. 146. Office of Sex Offender Sentencing, Monitoring, Apprehending,
Registering, and Tracking.
Subtitle C--Access to Information and Resources Needed To Ensure That
Children Are Not Attacked or Abused
Sec. 151. Access to national crime information databases.
Sec. 152. Requirement to complete background checks before approval of
any foster or adoptive placement and to check national crime
information databases and State child abuse registries;
suspension and subsequent elimination of Opt-Out.
Sec. 153. Schools Safe Act.
Sec. 154. Missing child reporting requirements.
Sec. 155. DNA fingerprinting.
TITLE II--FEDERAL CRIMINAL LAW ENHANCEMENTS NEEDED TO PROTECT CHILDREN
FROM SEXUAL ATTACKS AND OTHER VIOLENT CRIMES
Sec. 201. Prohibition on Internet sales of date rape drugs.
Sec. 202. Jetseta Gage assured punishment for violent crimes against
children.
Sec. 203. Penalties for coercion and enticement by sex offenders.
Sec. 204. Penalties for conduct relating to child prostitution.
Sec. 205. Penalties for sexual abuse.
Sec. 206. Increased penalties for sexual offenses against children.
Sec. 207. Sexual abuse of wards.
Sec. 208. Mandatory penalties for sex-trafficking of children.
Sec. 209. Child abuse reporting.
Sec. 210. Sex offender submission to search as condition of release.
Sec. 211. No limitation for prosecution of felony sex offenses.
Sec. 212. Victims' rights associated with habeas corpus proceedings.
Sec. 213. Kidnapping jurisdiction.
Sec. 214. Marital communication and adverse spousal privilege.
Sec. 215. Abuse and neglect of Indian children.
Sec. 216. Improvements to the Bail Reform Act to address sex crimes and
other matters.
TITLE III--CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS
Sec. 301. Jimmy Ryce State civil commitment programs for sexually
dangerous persons.
Sec. 302. Jimmy Ryce civil commitment program.
TITLE IV--IMMIGRATION LAW REFORMS TO PREVENT SEX OFFENDERS FROM ABUSING
CHILDREN
Sec. 401. Failure to register a deportable offense.
Sec. 402. Barring convicted sex offenders from having family-based
petitions approved.
TITLE V--CHILD PORNOGRAPHY PREVENTION
Sec. 501. Findings.
Sec. 502. Other record keeping requirements.
Sec. 503. Record keeping requirements for simulated sexual conduct.
Sec. 504. Prevention of distribution of child pornography used as
evidence in prosecutions.
Sec. 505. Authorizing civil and criminal asset forfeiture in child
exploitation and obscenity cases.
Sec. 506. Prohibiting the production of obscenity as well as
transportation, distribution, and sale.
Sec. 507. Guardians ad litem.
TITLE VI--GRANTS, STUDIES, AND PROGRAMS FOR CHILDREN AND COMMUNITY
SAFETY
Subtitle A--Mentoring Matches for Youth Act
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Grant program for expanding Big Brothers Big Sisters mentoring
program.
Sec. 604. Biannual report.
Sec. 605. Authorization of appropriations.
Subtitle B--National Police Athletic League Youth Enrichment Act
Sec. 611. Short title.
Sec. 612. Findings.
Sec. 613. Purpose.
Sec. 614. Grants authorized.
Sec. 615. Use of funds.
Sec. 616. Authorization of appropriations.
Sec. 617. Name of League.
Subtitle C--Grants, Studies, and Other Provisions
Sec. 621. Pilot program for monitoring sexual offenders.
Sec. 622. Treatment and management of sex offenders in the Bureau of
Prisons.
Sec. 623. Sex offender apprehension grants; juvenile sex offender
treatment grants.
Sec. 624. Assistance for prosecution of cases cleared through use of DNA
backlog clearance funds.
Sec. 625. Grants to combat sexual abuse of children.
Sec. 626. Crime prevention campaign grant.
Sec. 627. Grants for fingerprinting programs for children.
Sec. 628. Grants for Rape, Abuse & Incest National Network.
Sec. 629. Children's safety online awareness campaigns.
Sec. 630. Grants for online child safety programs.
Sec. 631. Jessica Lunsford Address Verification Grant Program.
Sec. 632. Fugitive safe surrender.
Sec. 633. National registry of substantiated cases of child abuse.
Sec. 634. Comprehensive examination of sex offender issues.
Sec. 635. Annual report on enforcement of registration requirements.
Sec. 636. Government Accountability Office studies on feasibility of
using driver's license registration processes as additional
registration requirements for sex offenders.
Sec. 637. Sex offender risk classification study.
Sec. 638. Study of the effectiveness of restricting the activities of
sex offenders to reduce the occurrence of repeat offenses.
Sec. 639. The justice for Crime Victims Family Act.
TITLE VII--INTERNET SAFETY ACT
Sec. 701. Child exploitation enterprises.
Sec. 702. Increased penalties for registered sex offenders.
Sec. 703. Deception by embedded words or images.
Sec. 704. Additional prosecutors for offenses relating to the sexual
exploitation of children.
Sec. 705. Additional computer-related resources.
Sec. 706. Additional ICAC Task Forces.
Sec. 707. Masha's Law.
SEC. 2. IN RECOGNITION OF JOHN AND REVE WALSH ON THE OCCASION OF THE
25TH ANNIVERSARY OF ADAM WALSH'S ABDUCTION AND MURDER.
(a) Adam Walsh's Abduction and Murder.--On July 27, 1981, in
Hollywood, Florida, 6-year-old Adam Walsh was abducted at a mall. Two
weeks later, some of Adam's remains were discovered in a canal more than
100 miles from his home.
(b) John and Reve Walsh's Commitment to the Safety of Children.--
Since the abduction and murder of their son Adam, both John and Reve
Walsh have dedicated themselves to protecting children from child
predators, preventing attacks on our children, and bringing child
predators to justice. Their commitment has saved the lives of numerous
children. Congress, and the American people, honor John and Reve Walsh
for their dedication to the well-being and safety of America's children.
TITLE <<NOTE: Sex Offender Registration and Notification Act.>> I--SEX
OFFENDER REGISTRATION AND NOTIFICATION ACT
SEC. 101. <<NOTE: 42 USC 16901 note.>> SHORT TITLE.
This title may be cited as the ``Sex Offender Registration and
Notification Act''.
SEC. 102. <<NOTE: 42 USC 16901.>> DECLARATION OF PURPOSE.
In order to protect the public from sex offenders and offenders
against children, and in response to the vicious attacks by violent
predators against the victims listed below, Congress in this Act
establishes a comprehensive national system for the registration of
those offenders:
(1) <<NOTE: Jacob Wetterling.>> Jacob Wetterling, who was 11
years old, was abducted in 1989 in Minnesota, and remains
missing.
(2) <<NOTE: Megan Nicole Kanka.>> Megan Nicole Kanka, who
was 7 years old, was abducted, sexually assaulted, and murdered
in 1994, in New Jersey.
(3) <<NOTE: Pam Lychner.>> Pam Lychner, who was 31 years
old, was attacked by a career offender in Houston, Texas.
(4) Jetseta Gage, who was 10 years old, was kidnapped,
sexually assaulted, and murdered in 2005, in Cedar Rapids, Iowa.
(5) <<NOTE: Dru Sjodin.>> Dru Sjodin, who was 22 years old,
was sexually assaulted and murdered in 2003, in North Dakota.
(6) <<NOTE: Jessica Lunsford.>> Jessica Lunsford, who was 9
years old, was abducted, sexually assaulted, buried alive, and
murdered in 2005, in Homosassa, Florida.
(7) <<NOTE: Sarah Lunde.>> Sarah Lunde, who was 13 years
old, was strangled and murdered in 2005, in Ruskin, Florida.
(8) <<NOTE: Amie Zyla.>> Amie Zyla, who was 8 years old, was
sexually assaulted in 1996 by a juvenile offender in Waukesha,
Wisconsin, and has become an advocate for child victims and
protection of children from juvenile sex offenders.
(9) <<NOTE: Christy Ann Fornoff.>> Christy Ann Fornoff, who
was 13 years old, was abducted, sexually assaulted, and murdered
in 1984, in Tempe, Arizona.
(10) <<NOTE: Alexandra Nicole Zapp.>> Alexandra Nicole Zapp,
who was 30 years old, was brutally attacked and murdered in a
public restroom by a repeat sex offender in 2002, in
Bridgewater, Massachusetts.
(11) <<NOTE: Polly Klaas.>> Polly Klaas, who was 12 years
old, was abducted, sexually assaulted, and murdered in 1993 by a
career offender in California.
(12) <<NOTE: Jimmy Ryce.>> Jimmy Ryce, who was 9 years old,
was kidnapped and murdered in Florida on September 11, 1995.
(13) <<NOTE: Carlie Brucia.>> Carlie Brucia, who was 11
years old, was abducted and murdered in Florida in February,
2004.
(14) <<NOTE: Amanda Brown.>> Amanda Brown, who was 7 years
old, was abducted and murdered in Florida in 1998.
(15) <<NOTE: Elizabeth Smart.>> Elizabeth Smart, who was 14
years old, was abducted in Salt Lake City, Utah in June 2002.
(16) <<NOTE: Molly Bish.>> Molly Bish, who was 16 years old,
was abducted in 2000 while working as a lifeguard in Warren,
Massachusetts, where her remains were found 3 years later.
(17) <<NOTE: Samantha Runnion.>> Samantha Runnion, who was 5
years old, was abducted, sexually assaulted, and murdered in
California on July 15, 2002.
SEC. 103. <<NOTE: 42 USC 16902.>> ESTABLISHMENT OF PROGRAM.
This Act establishes the Jacob Wetterling, Megan Nicole Kanka, and
Pam Lychner Sex Offender Registration and Notification Program.
Subtitle A--Sex Offender Registration and Notification
SEC. 111. <<NOTE: 42 USC 16911.>> RELEVANT DEFINITIONS, INCLUDING AMIE
ZYLA EXPANSION OF SEX OFFENDER DEFINITION AND EXPANDED
INCLUSION OF CHILD PREDATORS.
In this title the following definitions apply:
(1) Sex offender.--The term ``sex offender'' means an
individual who was convicted of a sex offense.
(2) Tier i sex offender.--The term ``tier I sex offender''
means a sex offender other than a tier II or tier III sex
offender.
(3) Tier ii sex offender.--The term ``tier II sex offender''
means a sex offender other than a tier III sex offender whose
offense is punishable by imprisonment for more than 1 year and--
(A) is comparable to or more severe than the
following offenses, when committed against a minor, or
an attempt or conspiracy to commit such an offense
against a minor:
(i) sex trafficking (as described in section
1591 of title 18, United States Code);
(ii) coercion and enticement (as described in
section 2422(b) of title 18, United States Code);
(iii) transportation with intent to engage in
criminal sexual activity (as described in section
2423(a)) of title 18, United States Code;
(iv) abusive sexual contact (as described in
section 2244 of title 18, United States Code);
(B) involves--
(i) use of a minor in a sexual performance;
(ii) solicitation of a minor to practice
prostitution; or
(iii) production or distribution of child
pornography; or
(C) occurs after the offender becomes a tier I sex
offender.
(4) Tier iii sex offender.--The term ``tier III sex
offender'' means a sex offender whose offense is punishable by
imprisonment for more than 1 year and--
(A) is comparable to or more severe than the
following offenses, or an attempt or conspiracy to
commit such an offense:
(i) aggravated sexual abuse or sexual abuse
(as described in sections 2241 and 2242 of title
18, United States Code); or
(ii) abusive sexual contact (as described in
section 2244 of title 18, United States Code)
against a minor who has not attained the age of 13
years;
(B) involves kidnapping of a minor (unless committed
by a parent or guardian); or
(C) occurs after the offender becomes a tier II sex
offender.
(5) Amie zyla expansion of sex offense definition.--
(A) Generally.--Except as limited by subparagraph
(B) or (C), the term ``sex offense'' means--
(i) a criminal offense that has an element
involving a sexual act or sexual contact with
another;
(ii) a criminal offense that is a specified
offense against a minor;
(iii) a Federal offense (including an offense
prosecuted under section 1152 or 1153 of title 18,
United States Code) under section 1591, or chapter
109A, 110 (other than section 2257, 2257A, or
2258), or 117, of title 18, United States Code;
(iv) a military offense specified by the
Secretary of Defense under section 115(a)(8)(C)(i)
of Public Law 105-119 (10 U.S.C. 951 note); or
(v) an attempt or conspiracy to commit an
offense described in clauses (i) through (iv).
(B) Foreign convictions.--A foreign conviction is
not a sex offense for the purposes of this title if it
was not obtained with sufficient safeguards for
fundamental fairness and due process for the accused
under guidelines or regulations established under
section 112.
(C) Offenses involving consensual sexual conduct.--
An offense involving consensual sexual conduct is not a
sex offense for the purposes of this title if the victim
was an adult, unless the adult was under the custodial
authority of the offender at the time of the offense, or
if the victim was at least 13 years old and the offender
was not more than 4 years older than the victim.
(6) Criminal offense.--The term ``criminal offense'' means a
State, local, tribal, foreign, or military offense (to the
extent specified by the Secretary of Defense under section
115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note)) or
other criminal offense.
(7) Expansion of definition of ``specified offense against a
minor'' to include all offenses by child predators.--The term
``specified offense against a minor'' means an offense against a
minor that involves any of the following:
(A) An offense (unless committed by a parent or
guardian) involving kidnapping.
(B) An offense (unless committed by a parent or
guardian) involving false imprisonment.
(C) Solicitation to engage in sexual conduct.
(D) Use in a sexual performance.
(E) Solicitation to practice prostitution.
(F) Video voyeurism as described in section 1801 of
title 18, United States Code.
(G) Possession, production, or distribution of child
pornography.
(H) Criminal sexual conduct involving a minor, or
the use of the Internet to facilitate or attempt such
conduct.
(I) Any conduct that by its nature is a sex offense
against a minor.
(8) Convicted as including certain juvenile adjudications.--
The term ``convicted'' or a variant thereof, used with respect
to a sex offense, includes adjudicated delinquent as a juvenile
for that offense, but only if the offender is 14 years of age or
older at the time of the offense and the offense adjudicated was
comparable to or more severe than aggravated sexual abuse (as
described in section 2241 of title 18, United States Code), or
was an attempt or conspiracy to commit such an offense.
(9) Sex offender registry.--The term ``sex offender
registry'' means a registry of sex offenders, and a notification
program, maintained by a jurisdiction.
(10) Jurisdiction.--The term ``jurisdiction'' means any of
the following:
(A) A State.
(B) The District of Columbia.
(C) The Commonwealth of Puerto Rico.
(D) Guam.
(E) American Samoa.
(F) The Northern Mariana Islands.
(G) The United States Virgin Islands.
(H) To the extent provided and subject to the
requirements of section 127, a federally recognized
Indian tribe.
(11) Student.--The term ``student'' means an individual who
enrolls in or attends an educational institution, including
(whether public or private) a secondary school, trade or
professional school, and institution of higher education.
(12) Employee.--The term ``employee'' includes an individual
who is self-employed or works for any other entity, whether
compensated or not.
(13) Resides.--The term ``resides'' means, with respect to
an individual, the location of the individual's home or other
place where the individual habitually lives.
(14) Minor.--The term ``minor'' means an individual who has
not attained the age of 18 years.
SEC. 112. <<NOTE: 42 USC 16912.>> REGISTRY REQUIREMENTS FOR
JURISDICTIONS.
(a) Jurisdiction To Maintain a Registry.--Each jurisdiction shall
maintain a jurisdiction-wide sex offender registry conforming to the
requirements of this title.
(b) Guidelines and Regulations.--The Attorney General shall issue
guidelines and regulations to interpret and implement this title.
SEC. 113. <<NOTE: 42 USC 16913.>> REGISTRY REQUIREMENTS FOR SEX
OFFENDERS.
(a) In General.--A sex offender shall register, and keep the
registration current, in each jurisdiction where the offender resides,
where the offender is an employee, and where the offender is a student.
For initial registration purposes only, a sex offender shall also
register in the jurisdiction in which convicted if such jurisdiction is
different from the jurisdiction of residence.
(b) Initial Registration.--The sex offender shall initially reg-
ister--
(1) before completing a sentence of imprisonment with
respect to the offense giving rise to the registration
requirement; or
(2) <<NOTE: Deadline.>> not later than 3 business days after
being sentenced for that offense, if the sex offender is not
sentenced to a term of imprisonment.
(c) Keeping the Registration Current.--A <<NOTE: Deadline.>> sex
offender shall, not later than 3 business days after each change of
name, residence, employment, or student status, appear in person in at
least 1 jurisdiction involved pursuant to subsection (a) and inform that
jurisdiction of all changes in the information required for that
offender in the sex offender registry. That jurisdiction shall
immediately provide that information to all other jurisdictions in which
the offender is required to register.
(d) Initial Registration of Sex Offenders Unable To Comply With
Subsection (b).--The <<NOTE: Applicability. Regulations.>> Attorney
General shall have the authority to specify the applicability of the
requirements of this title to sex offenders convicted before the
enactment of this Act or its implementation in a particular
jurisdiction, and to prescribe rules for the registration of any such
sex offenders and for other categories of sex offenders who are unable
to comply with subsection (b).
(e) State Penalty for Failure To Comply.--Each jurisdiction, other
than a Federally recognized Indian tribe, shall provide a criminal
penalty that includes a maximum term of imprisonment that is greater
than 1 year for the failure of a sex offender to comply with the
requirements of this title.
SEC. 114. <<NOTE: 42 USC 16914.>> INFORMATION REQUIRED IN REGISTRATION.
(a) Provided by the Offender.--The sex offender shall provide the
following information to the appropriate official for inclusion in the
sex offender registry:
(1) The name of the sex offender (including any alias used
by the individual).
(2) The Social Security number of the sex offender.
(3) The address of each residence at which the sex offender
resides or will reside.
(4) The name and address of any place where the sex offender
is an employee or will be an employee.
(5) The name and address of any place where the sex offender
is a student or will be a student.
(6) The license plate number and a description of any
vehicle owned or operated by the sex offender.
(7) Any other information required by the Attorney General.
(b) Provided by the Jurisdiction.--The jurisdiction in which the sex
offender registers shall ensure that the following information is
included in the registry for that sex offender:
(1) A physical description of the sex offender.
(2) The text of the provision of law defining the criminal
offense for which the sex offender is registered.
(3) The criminal history of the sex offender, including the
date of all arrests and convictions; the status of parole,
probation, or supervised release; registration status; and the
existence of any outstanding arrest warrants for the sex
offender.
(4) A current photograph of the sex offender.
(5) A set of fingerprints and palm prints of the sex
offender.
(6) A DNA sample of the sex offender.
(7) A photocopy of a valid driver's license or
identification card issued to the sex offender by a
jurisdiction.
(8) Any other information required by the Attorney General.
SEC. 115. <<NOTE: 42 USC 16915.>> DURATION OF REGISTRATION REQUIREMENT.
(a) Full Registration Period.--A sex offender shall keep the
registration current for the full registration period (excluding any
time the sex offender is in custody or civilly committed) unless the
offender is allowed a reduction under subsection (b). The full
registration period is--
(1) 15 years, if the offender is a tier I sex offender;
(2) 25 years, if the offender is a tier II sex offender; and
(3) the life of the offender, if the offender is a tier III
sex offender.
(b) Reduced Period for Clean Record.--
(1) Clean record.--The full registration period shall be
reduced as described in paragraph (3) for a sex offender who
maintains a clean record for the period described in paragraph
(2) by--
(A) not being convicted of any offense for which
imprisonment for more than 1 year may be imposed;
(B) not being convicted of any sex offense;
(C) successfully completing any periods of
supervised release, probation, and parole; and
(D) successfully completing of an appropriate sex
offender treatment program certified by a jurisdiction
or by the Attorney General.
(2) Period.--In the case of--
(A) a tier I sex offender, the period during which
the clean record shall be maintained is 10 years; and
(B) a tier III sex offender adjudicated delinquent
for the offense which required registration in a sex
registry under this title, the period during which the
clean record shall be maintained is 25 years.
(3) Reduction.--In the case of--
(A) a tier I sex offender, the reduction is 5 years;
(B) a tier III sex offender adjudicated delinquent,
the reduction is from life to that period for which the
clean record under paragraph (2) is maintained.
SEC. 116. <<NOTE: 42 USC 16916.>> PERIODIC IN PERSON VERIFICATION.
A sex offender shall appear in person, allow the jurisdiction to
take a current photograph, and verify the information in each registry
in which that offender is required to be registered not less frequently
than--
(1) each year, if the offender is a tier I sex offender;
(2) every 6 months, if the offender is a tier II sex
offender; and
(3) every 3 months, if the offender is a tier III sex
offender.
SEC. 117. <<NOTE: 42 USC 16917.>> DUTY TO NOTIFY SEX OFFENDERS OF
REGISTRATION REQUIREMENTS AND TO REGISTER.
(a) In General.--An appropriate official shall, shortly before
release of the sex offender from custody, or, if the sex offender is not
in custody, immediately after the sentencing of the sex offender, for
the offense giving rise to the duty to register--
(1) inform the sex offender of the duties of a sex offender
under this title and explain those duties;
(2) require the sex offender to read and sign a form stating
that the duty to register has been explained and that the sex
offender understands the registration requirement; and
(3) ensure that the sex offender is registered.
(b) Notification of Sex Offenders Who Cannot Comply With Subsection
(a).--The <<NOTE: Regulations.>> Attorney General shall prescribe rules
for the notification of sex offenders who cannot be registered in
accordance with subsection (a).
SEC. 118. <<NOTE: 42 USC 16918.>> PUBLIC ACCESS TO SEX OFFENDER
INFORMATION THROUGH THE INTERNET.
(a) In General.--Except as provided in this section, each
jurisdiction shall make available on the Internet, in a manner that is
readily accessible to all jurisdictions and to the public, all
information about each sex offender in the registry. The jurisdiction
shall maintain the Internet site in a manner that will permit the public
to obtain relevant information for each sex offender by a single query
for any given zip code or geographic radius set by the user. The
jurisdiction shall also include in the design of its Internet site all
field search capabilities needed for full participation in the Dru
Sjodin National Sex Offender Public Website and shall participate in
that website as provided by the Attorney General.
(b) Mandatory Exemptions.--A jurisdiction shall exempt from
disclosure--
(1) the identity of any victim of a sex offense;
(2) the Social Security number of the sex offender;
(3) any reference to arrests of the sex offender that did
not result in conviction; and
(4) any other information exempted from disclosure by the
Attorney General.
(c) Optional Exemptions.--A jurisdiction may exempt from
disclosure--
(1) any information about a tier I sex offender convicted of
an offense other than a specified offense against a minor;
(2) the name of an employer of the sex offender;
(3) the name of an educational institution where the sex
offender is a student; and
(4) any other information exempted from disclosure by the
Attorney General.
(d) Links.--The site shall include, to the extent practicable, links
to sex offender safety and education resources.
(e) Correction of Errors.--The site shall include instructions on
how to seek correction of information that an individual contends is
erroneous.
(f) Warning.--The site shall include a warning that information on
the site should not be used to unlawfully injure, harass, or commit a
crime against any individual named in the registry or residing or
working at any reported address. The warning shall note that any such
action could result in civil or criminal penalties.
SEC. 119. <<NOTE: 42 USC 16919.>> NATIONAL SEX OFFENDER REGISTRY.
(a) Internet.--The Attorney General shall maintain a national
database at the Federal Bureau of Investigation for each sex offender
and any other person required to register in a jurisdiction's sex
offender registry. The database shall be known as the National Sex
Offender Registry.
(b) Electronic Forwarding.--The Attorney General shall ensure
(through the National Sex Offender Registry or otherwise) that updated
information about a sex offender is immediately transmitted by
electronic forwarding to all relevant jurisdictions.
SEC. 120. <<NOTE: 42 USC 16920.>> DRU SJODIN NATIONAL SEX OFFENDER
PUBLIC WEBSITE.
(a) Establishment.--There is established the Dru Sjodin National Sex
Offender Public Website (hereinafter in this section referred to as the
``Website''), which the Attorney General shall maintain.
(b) Information To Be Provided.--The Website shall include relevant
information for each sex offender and other person listed on a
jurisdiction's Internet site. The Website shall allow the public to
obtain relevant information for each sex offender by a single query for
any given zip code or geographical radius set by the user in a form and
with such limitations as may be established by the Attorney General and
shall have such other field search capabilities as the Attorney General
may provide.
SEC. 121. <<NOTE: 42 USC 16921.>> MEGAN NICOLE KANKA AND ALEXANDRA
NICOLE ZAPP COMMUNITY NOTIFICATION PROGRAM.
(a) Establishment of Program.--There is established the Megan Nicole
Kanka and Alexandra Nicole Zapp Community Notification Program
(hereinafter in this section referred to as the ``Program'').
(b) Program Notification.--Except as provided in subsection (c),
immediately after a sex offender registers or updates a registration, an
appropriate official in the jurisdiction shall provide the information
in the registry (other than information exempted from disclosure by the
Attorney General) about that offender to the following:
(1) The Attorney General, who shall include that information
in the National Sex Offender Registry or other appropriate
databases.
(2) Appropriate law enforcement agencies (including
probation agencies, if appropriate), and each school and public
housing agency, in each area in which the individual resides, is
an employee or is a student.
(3) Each jurisdiction where the sex offender resides, is an
employee, or is a student, and each jurisdiction from or to
which a change of residence, employment, or student status
occurs.
(4) Any agency responsible for conducting employment-related
background checks under section 3 of the National Child
Protection Act of 1993 (42 U.S.C. 5119a).
(5) Social service entities responsible for protecting
minors in the child welfare system.
(6) Volunteer organizations in which contact with minors or
other vulnerable individuals might occur.
(7) Any organization, company, or individual who requests
such notification pursuant to procedures established by the
jurisdiction.
(c) Frequency.--Notwithstanding subsection (b), an organization or
individual described in subsection (b)(6) or (b)(7) may opt to receive
the notification described in that subsection no less frequently than
once every five business days.
SEC. 122. <<NOTE: 42 USC 16922.>> ACTIONS TO BE TAKEN WHEN SEX OFFENDER
FAILS TO COMPLY.
An <<NOTE: Notification.>> appropriate official shall notify the
Attorney General and appropriate law enforcement agencies of any failure
by a sex offender to comply with the requirements of a registry and
revise
the jurisdiction's registry to reflect the nature of that failure. The
appropriate official, the Attorney General, and each such law
enforcement agency shall take any appropriate action to ensure
compliance.
SEC. 123. <<NOTE: 42 USC 16923.>> DEVELOPMENT AND AVAILABILITY OF
REGISTRY MANAGEMENT AND WEBSITE SOFTWARE.
(a) Duty To Develop and Support.--The Attorney General shall, in
consultation with the jurisdictions, develop and support software to
enable jurisdictions to establish and operate uniform sex offender
registries and Internet sites.
(b) Criteria.--The software should facilitate--
(1) immediate exchange of information among jurisdictions;
(2) public access over the Internet to appropriate
information, including the number of registered sex offenders in
each jurisdiction on a current basis;
(3) full compliance with the requirements of this title; and
(4) communication of information to community notification
program participants as required under section 121.
(c) Deadline.--The Attorney General shall make the first complete
edition of this software available to jurisdictions within 2 years of
the date of the enactment of this Act.
SEC. 124. <<NOTE: 42 USC 16924.>> PERIOD FOR IMPLEMENTATION BY
JURISDICTIONS.
(a) Deadline.--Each jurisdiction shall implement this title before
the later of--
(1) 3 years after the date of the enactment of this Act; and
(2) 1 year after the date on which the software described in
section 123 is available.
(b) Extensions.--The Attorney General may authorize up to two 1-year
extensions of the deadline.
SEC. 125. <<NOTE: 42 USC 16925.>> FAILURE OF JURISDICTION TO COMPLY.
(a) In General.--For any fiscal year after the end of the period for
implementation, a jurisdiction that fails, as determined by the Attorney
General, to substantially implement this title shall not receive 10
percent of the funds that would otherwise be allocated for that fiscal
year to the jurisdiction under subpart 1 of part E of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et
seq.).
(b) State Constitutionality.--
(1) In general.--When evaluating whether a jurisdiction has
substantially implemented this title, the Attorney General shall
consider whether the jurisdiction is unable to substantially
implement this title because of a demonstrated inability to
implement certain provisions that would place the jurisdiction
in violation of its constitution, as determined by a ruling of
the jurisdiction's highest court.
(2) Efforts.--If the circumstances arise under paragraph
(1), then the Attorney General and the jurisdiction shall make
good faith efforts to accomplish substantial implementation of
this title and to reconcile any conflicts between this title and
the jurisdiction's constitution. In considering whether
compliance with the requirements of this title would likely
violate the jurisdiction's constitution or an interpretation
thereof by the jurisdiction's highest court, the Attorney
General
shall consult with the chief executive and chief legal officer
of the jurisdiction concerning the jurisdiction's interpretation
of the jurisdiction's constitution and rulings thereon by the
jurisdiction's highest court.
(3) Alternative procedures.--If the jurisdiction is unable
to substantially implement this title because of a limitation
imposed by the jurisdiction's constitution, the Attorney General
may determine that the jurisdiction is in compliance with this
Act if the jurisdiction has made, or is in the process of
implementing reasonable alternative procedures or
accommodations, which are consistent with the purposes of this
Act.
(4) Funding reduction.--If a jurisdiction does not comply
with paragraph (3), then the jurisdiction shall be subject to a
funding reduction as specified in subsection (a).
(c) Reallocation.--Amounts not allocated under a program referred to
in this section to a jurisdiction for failure to substantially implement
this title shall be reallocated under that program to jurisdictions that
have not failed to substantially implement this title or may be
reallocated to a jurisdiction from which they were withheld to be used
solely for the purpose of implementing this title.
(d) Rule of Construction.--The provisions of this title that are
cast as directions to jurisdictions or their officials constitute, in
relation to States, only conditions required to avoid the reduction of
Federal funding under this section.
SEC. 126. <<NOTE: 42 USC 16926.>> SEX OFFENDER MANAGEMENT ASSISTANCE
(SOMA) PROGRAM.
(a) In General.--The Attorney General shall establish and implement
a Sex Offender Management Assistance program (in this title referred to
as the ``SOMA program''), under which the Attorney General may award a
grant to a jurisdiction to offset the costs of implementing this title.
(b) Application.--The chief executive of a jurisdiction desiring a
grant under this section shall, on an annual basis, submit to the
Attorney General an application in such form and containing such
information as the Attorney General may require.
(c) Bonus Payments for Prompt Compliance.--
A <<NOTE: Deadlines.>> jurisdiction that, as determined by the Attorney
General, has substantially implemented this title not later than 2 years
after the date of the enactment of this Act is eligible for a bonus
payment. The Attorney General may make such a payment under the SOMA
program for the first fiscal year beginning after that determination.
The amount of the payment shall be--
(1) 10 percent of the total received by the jurisdiction
under the SOMA program for the preceding fiscal year, if that
implementation is not later than 1 year after the date of
enactment of this Act; and
(2) 5 percent of such total, if not later than 2 years after
that date.
(d) Authorization of Appropriations.--In addition to any amounts
otherwise authorized to be appropriated, there are authorized to be
appropriated such sums as may be necessary to the Attorney General, to
be available only for the SOMA program, for fiscal years 2007 through
2009.
SEC. 127. <<NOTE: 42 USC 16927.>> ELECTION BY INDIAN TRIBES.
(a) Election.--
(1) In general.--A federally recognized Indian tribe may, by
resolution or other enactment of the tribal council or
comparable governmental body--
(A) elect to carry out this subtitle as a
jurisdiction subject to its provisions; or
(B) elect to delegate its functions under this
subtitle to another jurisdiction or jurisdictions within
which the territory of the tribe is located and to
provide access to its territory and such other
cooperation and assistance as may be needed to enable
such other jurisdiction or jurisdictions to carry out
and enforce the requirements of this subtitle.
(2) Imputed election in certain cases.--A tribe shall be
treated as if it had made the election described in paragraph
(1)(B) if--
(A) it is a tribe subject to the law enforcement
jurisdiction of a State under section 1162 of title 18,
United States Code;
(B) the tribe does not make an election under
paragraph (1) within 1 year of the enactment of this Act
or rescinds an election under paragraph (1)(A); or
(C) the Attorney General determines that the tribe
has not substantially implemented the requirements of
this subtitle and is not likely to become capable of
doing so within a reasonable amount of time.
(b) Cooperation Between Tribal Authorities and Other
Jurisdictions.--
(1) Nonduplication.--A tribe subject to this subtitle is not
required to duplicate functions under this subtitle which are
fully carried out by another jurisdiction or jurisdictions
within which the territory of the tribe is located.
(2) Cooperative agreements.--A tribe may, through
cooperative agreements with such a jurisdiction or jurisdic-
tions--
(A) arrange for the tribe to carry out any function
of such a jurisdiction under this subtitle with respect
to sex offenders subject to the tribe's jurisdiction;
and
(B) arrange for such a jurisdiction to carry out any
function of the tribe under this subtitle with respect
to sex offenders subject to the tribe's jurisdiction.
SEC. 128. <<NOTE: Establishment. 42 USC 16928.>> REGISTRATION OF SEX
OFFENDERS ENTERING THE UNITED STATES.
The Attorney General, in consultation with the Secretary of State
and the Secretary of Homeland Security, shall establish and maintain a
system for informing the relevant jurisdictions about persons entering
the United States who are required to register under this title. The
Secretary of State and the Secretary of Homeland Security shall provide
such information and carry out such functions as the Attorney General
may direct in the operation of the system.
SEC. 129. REPEAL OF PREDECESSOR SEX OFFENDER PROGRAM.
(a) Repeal.--Sections 170101 (42 U.S.C. 14071) and 170102 (42 U.S.C.
14072) of the Violent Crime Control and Law Enforcement Act of 1994, and
section 8 of the Pam Lychner Sexual Offender Tracking and Identification
Act of 1996 (42 U.S.C. 14073), are repealed.
(b) <<NOTE: 42 USC 14071 note.>> Effective Date.--Notwithstanding
any other provision of this Act, this section shall take effect on the
date of the deadline determined in accordance with section 124(a).
SEC. 130. LIMITATION ON LIABILITY FOR THE NATIONAL CENTER FOR MISSING
AND EXPLOITED CHILDREN.
Section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13032) is amended by adding at the end the following:
``(g) Limitation on Liability.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the National Center for Missing and Exploited Children,
including any of its directors, officers, employees, or agents,
is not liable in any civil or criminal action arising from the
performance of its CyberTipline responsibilities and functions,
as defined by this section, or from its efforts to identify
child victims.
``(2) Intentional, reckless, or other misconduct.--Paragraph
(1) does not apply in an action in which a party proves that the
National Center for Missing and Exploited Children, or its
officer, employee, or agent as the case may be, engaged in
intentional misconduct or acted, or failed to act, with actual
malice, with reckless disregard to a substantial risk of causing
injury without legal justification, or for a purpose unrelated
to the performance of responsibilities or functions under this
section.
``(3) Ordinary business activities.--Paragraph (1) does not
apply to an act or omission related to an ordinary business
activity, such as an activity involving general administration
or operations, the use of motor vehicles, or personnel
management.''.
SEC. 131. <<NOTE: 42 USC 16929.>> IMMUNITY FOR GOOD FAITH CONDUCT.
The Federal Government, jurisdictions, political subdivisions of
jurisdictions, and their agencies, officers, employees, and agents shall
be immune from liability for good faith conduct under this title.
Subtitle B--Improving Federal Criminal Law Enforcement To Ensure Sex
Offender Compliance With Registration and Notification Requirements and
Protection of Children From Violent Predators
SEC. 141. AMENDMENTS TO TITLE 18, UNITED STATES CODE, RELATING TO SEX
OFFENDER REGISTRATION.
(a) Criminal Penalties for Nonregistration.--
(1) In general.--Part I of title 18, United States Code, is
amended by inserting after chapter 109A the following:
``CHAPTER 109B--SEX OFFENDER AND CRIMES AGAINST CHILDREN REGISTRY
``Sec. 2250. Failure to register
``(a) In General.--Whoever--
``(1) is required to register under the Sex Offender
Registration and Notification Act;
``(2)(A) is a sex offender as defined for the purposes of
the Sex Offender Registration and Notification Act by reason of
a conviction under Federal law (including the Uniform Code of
Military Justice), the law of the District of Columbia, Indian
tribal law, or the law of any territory or possession of the
United States; or
``(B) travels in interstate or foreign commerce, or enters
or leaves, or resides in, Indian country; and
``(3) knowingly fails to register or update a registration
as required by the Sex Offender Registration and Notification
Act;
shall be fined under this title or imprisoned not more than 10 years, or
both.
``(b) Affirmative Defense.--In a prosecution for a violation under
subsection (a), it is an affirmative defense that--
``(1) uncontrollable circumstances prevented the individual
from complying;
``(2) the individual did not contribute to the creation of
such circumstances in reckless disregard of the requirement to
comply; and
``(3) the individual complied as soon as such circumstances
ceased to exist.
``(c) Crime of Violence.--
``(1) In general.--An individual described in subsection (a)
who commits a crime of violence under Federal law (including the
Uniform Code of Military Justice), the law of the District of
Columbia, Indian tribal law, or the law of any territory or
possession of the United States shall be imprisoned for not less
than 5 years and not more than 30 years.
``(2) Additional punishment.--The punishment provided in
paragraph (1) shall be in addition and consecutive to the
punishment provided for the violation described in subsection
(a).''.
(2) Clerical amendment.--The table of chapters for part I of
title 18, United States Code, is amended by inserting after the
item relating to chapter 109A the following:
``109B. Sex offender and crimes against children registry........2250''.
(b) <<NOTE: 28 USC 994 note.>> Directive to the United States
Sentencing Commission.--In promulgating guidelines for use of a
sentencing court in determining the sentence to be imposed for the
offense specified in subsection (a), the United States Sentencing
Commission shall consider the following matters, in addition to the
matters specified in section 994 of title 28, United States Code:
(1) Whether the person committed another sex offense in
connection with, or during, the period for which the person
failed to register.
(2) Whether the person committed an offense against a minor
in connection with, or during, the period for which the person
failed to register.
(3) Whether the person voluntarily attempted to correct the
failure to register.
(4) The seriousness of the offense which gave rise to the
requirement to register, including whether such offense is a
tier I, tier II, or tier III offense, as those terms are defined
in section 111.
(5) Whether the person has been convicted or adjudicated
delinquent for any offense other than the offense which gave
rise to the requirement to register.
(c) False Statement Offense.--Section 1001(a) of title 18, United
States Code, is amended by adding at the end the following: ``If the
matter relates to an offense under chapter 109A, 109B, 110, or 117, or
section 1591, then the term of imprisonment imposed under this section
shall be not more than 8 years.''.
(d) Probation.--Paragraph (8) of section 3563(a) of title 18, United
States Code, is amended to read as follows:
``(8) for a person required to register under the Sex
Offender Registration and Notification Act, that the person
comply with the requirements of that Act; and''.
(e) Supervised Release.--Section 3583 of title 18, United States
Code, is amended--
(1) in subsection (d), in the sentence beginning with ``The
court shall order, as an explicit condition of supervised
release for a person described in section 4042(c)(4)'', by
striking ``described in section 4042(c)(4)'' and all that
follows through the end of the sentence and inserting ``required
to register under the Sex Offender Registration and Notification
Act, that the person comply with the requirements of that
Act.''.
(2) in subsection (k)--
(A) by striking ``2244(a)(1), 2244(a)(2)'' and
inserting ``2243, 2244, 2245, 2250'';
(B) by inserting ``not less than 5,'' after ``any
term of years''; and
(C) by adding at the end the following: ``If a
defendant required to register under the Sex Offender
Registration and Notification Act commits any criminal
offense under chapter 109A, 110, or 117, or section 1201
or 1591, for which imprisonment for a term longer than 1
year can be imposed, the court shall revoke the term of
supervised release and require the defendant to serve a
term of imprisonment under subsection (e)(3) without
regard to the exception contained therein. Such term
shall be not less than 5 years.''.
(f) Duties of the Bureau of Prisons.--Paragraph (3) of section
4042(c) of title 18, United States Code, is amended to read as follows:
``(3) The Director of the Bureau of Prisons shall inform a person
who is released from prison and required to register under the Sex
Offender Registration and Notification Act of the requirements of that
Act as they apply to that person and the same information shall be
provided to a person sentenced to probation by the probation officer
responsible for supervision of that person.''.
(g) Conforming Amendments To Cross-References.--Section 4042(c) of
title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``(4)'' and inserting
``(3), or any other person in a category specified by the
Attorney General,''; and
(2) in paragraph (2)--
(A) in the first sentence, by striking ``shall be
subject to a registration requirement as a sex
offender'' and inserting ``shall register as required by
the Sex Offender Registration and Notification Act'';
and
(B) in the fourth sentence, by striking ``(4)'' and
inserting ``(3)''.
(h) Conforming Repeal of Deadwood.--Paragraph (4) of section 4042(c)
of title 18, United States Code, is repealed.
(i) <<NOTE: 10 USC 951 note.>> Military Offenses.--
(1) Section 115(a)(8)(C)(i) of Public Law 105-119 (111 Stat.
2466) is amended by striking ``which encompass'' and all that
follows through ``and (B))'' and inserting ``which are sex
offenses as that term is defined in the Sex Offender
Registration and Notification Act''.
(2) Section 115(a)(8)(C)(iii) of Public Law 105-119 (111
Stat. 2466; 10 U.S.C. 951 note) is amended by striking ``the
amendments made by subparagraphs (A) and (B)'' and inserting
``the Sex Offender Registration and Notification Act''.
(j) Conforming Amendment Relating To Parole.--Section 4209(a) of
title 18, United States Code, is amended in the second sentence by
striking ``described'' and all that follows through the end of the
sentence and inserting ``required to register under the Sex Offender
Registration and Notification Act that the person comply with the
requirements of that Act.''.
SEC. 142. <<NOTE: 42 USC 16941.>> FEDERAL ASSISTANCE WITH RESPECT TO
VIOLATIONS OF REGISTRATION REQUIREMENTS.
(a) In General.--The Attorney General shall use the resources of
Federal law enforcement, including the United States Marshals Service,
to assist jurisdictions in locating and apprehending sex offenders who
violate sex offender registration requirements. For the purposes of
section 566(e)(1)(B) of title 28, United States Code, a sex offender who
violates a sex offender registration requirement shall be deemed a
fugitive.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for fiscal years 2007 through
2009 to implement this section.
SEC. 143. <<NOTE: 42 USC 16942.>> PROJECT SAFE CHILDHOOD.
(a) Establishment of Program.--Not <<NOTE: Deadline.>> later than 6
months after the date of enactment of this Act, the Attorney General
shall create and maintain a Project Safe Childhood program in accordance
with this section.
(b) Initial Implementation.--Except as authorized under subsection
(c), funds authorized under this section may only be used for the
following 5 purposes:
(1) Integrated Federal, State, and local efforts to
investigate and prosecute child exploitation cases, including--
(A) the partnership by each United States Attorney
with each Internet Crimes Against Children Task Force
that is a part of the Internet Crimes Against Children
Task Force Program authorized and funded under title IV
of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5771 et seq.) (referred to in this
section as the ``ICAC Task Force Program'') that exists
within the district of such attorney;
(B) the partnership by each United States Attorney
with other Federal, State, and local law enforcement
partners working in the district of such attorney to
implement the program described in subsection (a);
(C) the development by each United States Attorney
of a district-specific strategic plan to coordinate the
investigation and prosecution of child exploitation
crimes;
(D) efforts to identify and rescue victims of child
exploitation crimes; and
(E) local training, educational, and awareness
programs of such crimes.
(2) Major case coordination by the Department of Justice (or
other Federal agencies as appropriate), including specific
integration or cooperation, as appropriate, of--
(A) the Child Exploitation and Obscenity Section
within the Department of Justice;
(B) the Innocent Images Unit of the Federal Bureau
of Investigation;
(C) any task forces established in connection with
the Project Safe Childhood program set forth under
subsection (a); and
(D) the High Tech Investigative Unit within the
Criminal Division of the Department of Justice.
(3) Increased Federal involvement in child pornography and
enticement cases by providing additional investigative tools and
increased penalties under Federal law.
(4) Training of Federal, State, and local law enforcement
through programs facilitated by--
(A) the National Center for Missing and Exploited
Children;
(B) the ICAC Task Force Program; and
(C) any other ongoing program regarding the
investigation and prosecution of computer-facilitated
crimes against children, including training and
coordination regarding leads from--
(i) Federal law enforcement operations; and
(ii) the CyberTipline and Child Victim-
Identification programs managed and maintained by
the National Center for Missing and Exploited
Children.
(5) Community awareness and educational programs through
partnerships to provide national public awareness and
educational programs through--
(A) the National Center for Missing and Exploited
Children;
(B) the ICAC Task Force Program; and
(C) any other ongoing programs that--
(i) raises national awareness about the threat
of online sexual predators; or
(ii) provides information to parents and
children seeking to report possible violations of
computer-facilitated crimes against children.
(c) Expansion of Project Safe Childhood.--Notwithstanding subsection
(b), funds authorized under this section may be also be used for the
following purposes:
(1) The addition of not less than 8 Assistant United States
Attorneys at the Department of Justice dedicated to the
prosecution of cases in connection with the Project Safe
Childhood program set forth under subsection (a).
(2) The creation, development, training, and deployment of
not less than 10 new Internet Crimes Against Children task
forces within the ICAC Task Force Program consisting of Federal,
State, and local law enforcement personnel dedicated to the
Project Safe Childhood program set forth under subsection (a),
and the enhancement of the forensic capacities of existing
Internet Crimes Against Children task forces.
(3) The development and enhancement by the Federal Bureau of
Investigation of the Innocent Images task forces.
(4) Such other additional and related purposes as the
Attorney General determines appropriate.
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated--
(1) for the activities described under subsection (b)--
(A) $18,000,000 for fiscal year 2007; and
(B) such sums as may be necessary for each of the 5
succeeding fiscal years; and
(2) for the activities described under subsection (c)--
(A) for fiscal year 2007--
(i) $15,000,000 for the activities under
paragraph (1);
(ii) $10,000,000 for activities under
paragraph (2); and
(iii) $4,000,000 for activities under
paragraph (3); and
(B) such sums as may be necessary for each of the 5
succeeding fiscal years.
SEC. 144. <<NOTE: 42 USC 16943.>> FEDERAL ASSISTANCE IN IDENTIFICATION
AND LOCATION OF SEX OFFENDERS RELOCATED AS A RESULT OF A
MAJOR DISASTER.
The Attorney General shall provide assistance to jurisdictions in
the identification and location of a sex offender relocated as a result
of a major disaster.
SEC. 145. <<NOTE: 42 USC 16944.>> EXPANSION OF TRAINING AND TECHNOLOGY
EFFORTS.
(a) Training.--The Attorney General shall--
(1) expand training efforts with Federal, State, and local
law enforcement officers and prosecutors to effectively respond
to the threat to children and the public posed by sex offenders
who use the Internet and technology to solicit or otherwise
exploit children;
(2) facilitate meetings involving corporations that sell
computer hardware and software or provide services to the
general public related to use of the Internet, to identify
problems associated with the use of technology for the purpose
of exploiting children;
(3) host national conferences to train Federal, State, and
local law enforcement officers, probation and parole officers,
and prosecutors regarding pro-active approaches to monitoring
sex offender activity on the Internet;
(4) develop and distribute, for personnel listed in
paragraph (3), information regarding multidisciplinary
approaches to
holding offenders accountable to the terms of their probation,
parole, and sex offender registration laws; and
(5) partner with other agencies to improve the coordination
of joint investigations among agencies to effectively combat
online solicitation of children by sex offenders.
(b) Technology.--The Attorney General shall--
(1) deploy, to all Internet Crimes Against Children Task
Forces and their partner agencies, technology modeled after the
Canadian Child Exploitation Tracking System; and
(2) conduct training in the use of that technology.
(c) Report.--Not later than July 1, 2007, the Attorney General,
shall submit to Congress a report on the activities carried out under
this section. The report shall include any recommendations that the
Attorney General considers appropriate.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General, for fiscal year 2007--
(1) $1,000,000 to carry out subsection (a); and
(2) $2,000,000 to carry out subsection (b).
SEC. 146. <<NOTE: 42 USC 16945.>> OFFICE OF SEX OFFENDER SENTENCING,
MONITORING, APPREHENDING, REGISTERING, AND TRACKING.
(a) Establishment.--There is established within the Department of
Justice, under the general authority of the Attorney General, an Office
of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and
Tracking (hereinafter in this section referred to as the ``SMART
Office'').
(b) Director.--The <<NOTE: President.>> SMART Office shall be headed
by a Director who shall be appointed by the President. The Director
shall report to the Attorney General through the Assistant Attorney
General for the Office of Justice Programs and shall have final
authority for all grants, cooperative agreements, and contracts awarded
by the SMART Office. The Director shall not engage in any employment
other than that of serving as the Director, nor shall the Director hold
any office in, or act in any capacity for, any organization, agency, or
institution with which the Office makes any contract or other
arrangement.
(c) Duties and Functions.--The SMART Office is authorized to--
(1) administer the standards for the sex offender
registration and notification program set forth in this Act;
(2) administer grant programs relating to sex offender
registration and notification authorized by this Act and other
grant programs authorized by this Act as directed by the
Attorney General;
(3) cooperate with and provide technical assistance to
States, units of local government, tribal governments, and other
public and private entities involved in activities related to
sex offender registration or notification or to other measures
for the protection of children or other members of the public
from sexual abuse or exploitation; and
(4) perform such other functions as the Attorney General may
delegate.
Subtitle C--Access to Information and Resources Needed To Ensure That
Children Are Not Attacked or Abused
SEC. 151. <<NOTE: 42 USC 16961.>> ACCESS TO NATIONAL CRIME INFORMATION
DATABASES.
(a) In General.--Notwithstanding any other provision of law, the
Attorney General shall ensure access to the national crime information
databases (as defined in section 534 of title 28, United States Code)
by--
(1) the National Center for Missing and Exploited Children,
to be used only within the scope of the Center's duties and
responsibilities under Federal law to assist or support law
enforcement agencies in administration of criminal justice
functions; and
(2) governmental social service agencies with child
protection responsibilities, to be used by such agencies only in
investigating or responding to reports of child abuse, neglect,
or exploitation.
(b) Conditions of Access.--The access provided under this section,
and associated rules of dissemination, shall be--
(1) defined by the Attorney General; and
(2) limited to personnel of the Center or such agencies that
have met all requirements set by the Attorney General, including
training, certification, and background screening.
SEC. 152. REQUIREMENT TO COMPLETE BACKGROUND CHECKS BEFORE APPROVAL OF
ANY FOSTER OR ADOPTIVE PLACEMENT AND TO CHECK NATIONAL CRIME
INFORMATION DATABASES AND STATE CHILD ABUSE REGISTRIES;
SUSPENSION AND SUBSEQUENT ELIMINATION OF OPT-OUT.
(a) Requirement To Complete Background Checks Before Approval of Any
Foster or Adoptive Placement and To Check National Crime Information
Databases and State Child Abuse Registries; Suspension of Opt-Out.--
(1) Requirement to check national crime information
databases and state child abuse registries.--Section 471(a)(20)
of the Social Security Act (42 U.S.C. 671(a)(20)) is amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (I)--
(I) by inserting ``, including
fingerprint-based checks of national
crime information databases (as defined
in section 534(e)(3)(A) of title 28,
United States Code),'' after ``criminal
records checks''; and
(II) by striking ``on whose behalf
foster care maintenance payments or
adoption assistance payments are to be
made'' and inserting ``regardless of
whether foster care maintenance payments
or adoption assistance payments are to
be made on behalf of the child''; and
(ii) in each of clauses (i) and (ii), by
inserting ``involving a child on whose behalf such
payments are to be so made'' after ``in any
case''; and
(B) by adding at the end the following:
``(C) provides that the State shall--
``(i) check any child abuse and neglect registry
maintained by the State for information on any
prospective foster or adoptive parent and on any other
adult living in the home of such a prospective parent,
and request any other State in which any such
prospective parent or other adult has resided in the
preceding 5 years, to enable the State to check any
child abuse and neglect registry maintained by such
other State for such information, before the prospective
foster or adoptive parent may be finally approved for
placement of a child, regardless of whether foster care
maintenance payments or adoption assistance payments are
to be made on behalf of the child under the State plan
under this part;
``(ii) comply with any request described in clause
(i) that is received from another State; and
``(iii) have in place safeguards to prevent the
unauthorized disclosure of information in any child
abuse and neglect registry maintained by the State, and
to prevent any such information obtained pursuant to
this subparagraph from being used for a purpose other
than the conducting of background checks in foster or
adoptive placement cases;''.
(2) Suspension of opt-out.--Section 471(a)(20)(B) of such
Act (42 U.S.C. 671(a)(20)(B)) is amended--
(A) by inserting ``, on or before September 30,
2005,'' after ``plan if''; and
(B) by inserting ``, on or before such date,'' after
``or if''.
(b) Elimination of Opt-Out.--Section 471(a)(20) of such Act (42
U.S.C. 671(a)(20)), as amended by subsection (a) of this section, is
amended--
(1) in subparagraph (A), in the matter preceding clause (i),
by striking ``unless an election provided for in subparagraph
(B) is made with respect to the State,''; and
(2) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B).
(c) <<NOTE: 42 USC 671 note.>> Effective Date.--
(1) General.--The amendments made by subsection (a) shall
take effect on October 1, 2006, and shall apply with respect to
payments under part E of title IV of the Social Security Act for
calendar quarters beginning on or after such date, without
regard to whether regulations to implement the amendments are
promulgated by such date.
(2) Elimination of opt-out.--The amendments made by
subsection (b) shall take effect on October 1, 2008, and shall
apply with respect to payments under part E of title IV of the
Social Security Act for calendar quarters beginning on or after
such date, without regard to whether regulations to implement
the amendments are promulgated by such date.
(3) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan under section 471 of the
Social Security Act to meet the additional requirements imposed
by the amendments made by a subsection of this section, the plan
shall not be regarded as failing to meet
any of the additional requirements before the first day of the
first calendar quarter beginning after the first regular session
of the State legislature that begins after the otherwise
applicable effective date of the amendments. If the State has a
2-year legislative session, each year of the session is deemed
to be a separate regular session of the State legislature.
SEC. 153. <<NOTE: Schools Safely Acquiring Faculty Excellence Act of
2006. 42 USC 16962.>> SCHOOLS SAFE ACT.
(a) Short Title.--This section may be cited as the ``Schools Safely
Acquiring Faculty Excellence Act of 2006''.
(b) In General.--The Attorney General of the United States shall,
upon request of the chief executive officer of a State, conduct
fingerprint-based checks of the national crime information databases (as
defined in section 534(f)(3)(A) of title 28, United States Code as
redesignated under subsection (e)) pursuant to a request submitted by--
(1) a child welfare agency for the purpose of--
(A) conducting a background check required under
section 471(a)(20) of the Social Security Act on
individuals under consideration as prospective foster or
adoptive parents; or
(B) an investigation relating to an incident of
abuse or neglect of a minor; or
(2) a private or public elementary school, a private or
public secondary school, a local educational agency, or State
educational agency in that State, on individuals employed by,
under consideration for employment by, or otherwise in a
position in which the individual would work with or around
children in the school or agency.
(c) Fingerprint-Based Check.--Where possible, the check shall
include a fingerprint-based check of State criminal history databases.
(d) Fees.--The Attorney General and the States may charge any
applicable fees for the checks.
(e) Protection of Information.--An individual having information
derived as a result of a check under subsection (b) may release that
information only to appropriate officers of child welfare agencies,
public or private elementary or secondary schools, or educational
agencies or other persons authorized by law to receive that information.
(f) Criminal Penalties.--An individual who knowingly exceeds the
authority in subsection (b), or knowingly releases information in
violation of subsection (e), shall be imprisoned not more than 10 years
or fined under title 18, United States Code, or both.
(g) Child Welfare Agency Defined.--In this section, the term ``child
welfare agency'' means--
(1) the State or local agency responsible for administering
the plan under part B or part E of title IV of the Social
Security Act; and
(2) any other public agency, or any other private agency
under contract with the State or local agency responsible for
administering the plan under part B or part E of title IV of the
Social Security Act, that is responsible for the licensing or
approval of foster or adoptive parents.
(h) Definition of Education Terms.--In this section, the terms
``elementary school'', ``local educational agency'', ``secondary
school'', and ``State educational agency'' have the meanings given
to those terms in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(i) Technical Correction.--Section 534 of title 28, United States
Code, is amended by redesignating the second subsection (e) as
subsection (f).
SEC. 154. MISSING CHILD REPORTING REQUIREMENTS.
(a) In General.--Section 3702 of the Crime Control Act of 1990 (42
U.S.C. 5780) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(2) by inserting after paragraph (1) the following:
``(2) ensure that no law enforcement agency within the State
establishes or maintains any policy that requires the removal of
a missing person entry from its State law enforcement system or
the National Crime Information Center computer database based
solely on the age of the person; and''; and
(3) in paragraph (3), as redesignated, by striking
``immediately'' and inserting ``within 2 hours of receipt''.
(b) Definitions.--Section 403(1) of the Comprehensive Crime Control
Act of 1984 (42 U.S.C. 5772) is amended by striking ``if'' through
subparagraph (B) and inserting a semicolon.
SEC. 155. DNA FINGERPRINTING.
The first sentence of section 3(a)(1)(A) of the DNA Analysis Backlog
Elimination Act of 2000 (42 U.S.C. 14135a(a)(1)(A)) is amended by
striking ``arrested'' and inserting ``arrested, facing charges, or
convicted''.
TITLE II--FEDERAL CRIMINAL LAW ENHANCEMENTS NEEDED TO PROTECT CHILDREN
FROM SEXUAL ATTACKS AND OTHER VIOLENT CRIMES
SEC. 201. PROHIBITION ON INTERNET SALES OF DATE RAPE DRUGS.
Section 401 of the Controlled Substances Act (21 U.S.C. 841) is
amended by adding at the end the following:
``(g) Internet Sales of Date Rape Drugs.--
``(1) Whoever knowingly uses the Internet to distribute a
date rape drug to any person, knowing or with reasonable cause
to believe that--
``(A) the drug would be used in the commission of
criminal sexual conduct; or
``(B) the person is not an authorized purchaser;
shall be fined under this title or imprisoned not more than 20
years, or both.
``(2) As used in this subsection:
``(A) The term `date rape drug' means--
``(i) gamma hydroxybutyric acid (GHB) or any
controlled substance analogue of GHB, including
gamma butyrolactone (GBL) or 1,4-butanediol;
``(ii) ketamine;
``(iii) flunitrazepam; or
``(iv) any substance which the Attorney
General designates, pursuant to the rulemaking
procedures prescribed by section 553 of title 5,
United States Code, to be used in committing rape
or sexual assault.
The Attorney General is authorized to remove any
substance from the list of date rape drugs pursuant to
the same rulemaking authority.
``(B) The term `authorized purchaser' means any of
the following persons, provided such person has acquired
the controlled substance in accordance with this Act:
``(i) A person with a valid prescription that
is issued for a legitimate medical purpose in the
usual course of professional practice that is
based upon a qualifying medical relationship by a
practitioner registered by the Attorney General. A
`qualifying medical relationship' means a medical
relationship that exists when the practitioner has
conducted at least 1 medical evaluation with the
authorized purchaser in the physical presence of
the practitioner, without regard to whether
portions of the evaluation are conducted by other
heath professionals. The preceding sentence shall
not be construed to imply that 1 medical
evaluation demonstrates that a prescription has
been issued for a legitimate medical purpose
within the usual course of professional practice.
``(ii) Any practitioner or other registrant
who is otherwise authorized by their registration
to dispense, procure, purchase, manufacture,
transfer, distribute, import, or export the
substance under this Act.
``(iii) A person or entity providing
documentation that establishes the name, address,
and business of the person or entity and which
provides a legitimate purpose for using any `date
rape drug' for which a prescription is not
required.
``(3) <<NOTE: Regulations. Records. Reports.>> The Attorney
General is authorized to promulgate regulations for record-
keeping and reporting by persons handling 1,4-butanediol in
order to implement and enforce the provisions of this section.
Any record or report required by such regulations shall be
considered a record or report required under this Act.''.
SEC. 202. JETSETA GAGE ASSURED PUNISHMENT FOR VIOLENT CRIMES AGAINST
CHILDREN.
Section 3559 of title 18, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Mandatory Minimum Terms of Imprisonment for Violent Crimes
Against Children.--A person who is convicted of a Federal offense that
is a crime of violence against the person of an individual who has not
attained the age of 18 years shall, unless a greater mandatory minimum
sentence of imprisonment is otherwise provided by law and regardless of
any maximum term of imprisonment otherwise provided for the offense--
``(1) if the crime of violence is murder, be imprisoned for
life or for any term of years not less than 30, except that such
person shall be punished by death or life imprisonment
if the circumstances satisfy any of subparagraphs (A) through
(D) of section 3591(a)(2) of this title;
``(2) if the crime of violence is kidnapping (as defined in
section 1201) or maiming (as defined in section 114), be
imprisoned for life or any term of years not less than 25; and
``(3) if the crime of violence results in serious bodily
injury (as defined in section 1365), or if a dangerous weapon
was used during and in relation to the crime of violence, be
imprisoned for life or for any term of years not less than
10.''.
SEC. 203. PENALTIES FOR COERCION AND ENTICEMENT BY SEX OFFENDERS.
Section 2422(b) of title 18, United States Code, is amended by
striking ``not less than 5 years and not more than 30 years'' and
inserting ``not less than 10 years or for life''.
SEC. 204. PENALTIES FOR CONDUCT RELATING TO CHILD PROSTITUTION.
Section 2423(a) of title 18, United States Code, is amended by
striking ``5 years and not more than 30 years'' and inserting ``10 years
or for life''.
SEC. 205. PENALTIES FOR SEXUAL ABUSE.
Section 2242 of title 18, United States Code, is amended by striking
``, imprisoned not more than 20 years, or both'' and inserting ``and
imprisoned for any term of years or for life''.
SEC. 206. INCREASED PENALTIES FOR SEXUAL OFFENSES AGAINST CHILDREN.
(a) Sexual Abuse and Contact.--
(1) Aggravated sexual abuse of children.--Section 2241(c) of
title 18, United States Code, is amended by striking ``,
imprisoned for any term of years or life, or both'' and
inserting ``and imprisoned for not less than 30 years or for
life''.
(2) Abusive sexual contact with children.--Section 2244 of
chapter 109A of title 18, United States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting
``subsection (a) or (b) of'' before ``section
2241'';
(ii) by striking ``or'' at the end of
paragraph (3);
(iii) by striking the period at the end of
paragraph (4) and inserting ``; or''; and
(iv) by inserting after paragraph (4) the
following:
``(5) subsection (c) of section 2241 of this title had the
sexual contact been a sexual act, shall be fined under this
title and imprisoned for any term of years or for life.''; and
(B) in subsection (c), by inserting ``(other than
subsection (a)(5))'' after ``violates this section''.
(3) Sexual abuse of children resulting in death.--Section
2245 of title 18, United States Code, is amended to read as
follows:
``Sec. 2245. Offenses resulting in death
``(a) In General.--A person who, in the course of an offense under
this chapter, or section 1591, 2251, 2251A, 2260, 2421, 2422, 2423, or
2425, murders an individual, shall be punished by death or imprisoned
for any term of years or for life.''.
(4) Death penalty aggravating factor.--Section 3592(c)(1) of
title 18, United States Code, is amended by inserting ``section
2245 (offenses resulting in death),'' after ``(wrecking
trains),''.
(b) Sexual Exploitation and Other Abuse of Children.--
(1) Sexual exploitation of children.--Section 2251(e) of
title 18, United States Code, is amended--
(A) by inserting ``section 1591,'' after ``this
chapter,'' the first place it appears;
(B) by striking ``the sexual exploitation of
children'' the first place it appears and inserting
``aggravated sexual abuse, sexual abuse, abusive sexual
contact involving a minor or ward, or sex trafficking of
children, or the production, possession, receipt,
mailing, sale, distribution, shipment, or transportation
of child pornography''; and
(C) by striking ``any term of years or for life''
and inserting ``not less than 30 years or for life''.
(2) Activities relating to material involving the sexual
exploitation of children.--Section 2252(b) of title 18, United
States Code, is amended in paragraph (1)--
(A) by striking ``paragraphs (1)'' and inserting
``paragraph (1)'';
(B) by inserting ``section 1591,'' after ``this
chapter,''; and
(C) by inserting ``, or sex trafficking of
children'' after ``pornography''.
(3) Activities relating to material constituting or
containing child pornography.--Section 2252A(b) of title 18,
United States Code, is amended in paragraph (1)--
(A) by inserting ``section 1591,'' after ``this
chapter,''; and
(B) by inserting ``, or sex trafficking of
children'' after ``pornography''.
(4) Using misleading domain names to direct children to
harmful material on the internet.--Section 2252B(b) of title 18,
United States Code, is amended by striking ``4'' and inserting
``10''.
(5) Extraterritorial child pornography offenses.--Section
2260(c) of title 18, United States Code, is amended to read as
follows:
``(c) Penalties.--
``(1) A person who violates subsection (a), or attempts or
conspires to do so, shall be subject to the penalties provided
in subsection (e) of section 2251 for a violation of that
section, including the penalties provided for such a violation
by a person with a prior conviction or convictions as described
in that subsection.
``(2) A person who violates subsection (b), or attempts or
conspires to do so, shall be subject to the penalties provided
in subsection (b)(1) of section 2252 for a violation of
paragraph (1), (2), or (3) of subsection (a) of that section,
including the penalties provided for such a violation by a
person with a prior conviction or convictions as described in
subsection (b)(1) of section 2252.''.
(c) Mandatory Life Imprisonment for Certain Repeated Sex Offenses
Against Children.--Section 3559(e)(2)(A) of title
18, United States Code, is amended by inserting ``1591 (relating to sex
trafficking of children),'' after ``under section''.
SEC. 207. SEXUAL ABUSE OF WARDS.
Chapter 109A of title 18, United States Code, is amended--
(1) in section 2243(b), by striking ``five years'' and
inserting ``15 years''; and
(2) <<NOTE: 18 USC 2241-2244.>> by inserting a comma after
``Attorney General'' each place it appears.
SEC. 208. MANDATORY PENALTIES FOR SEX-TRAFFICKING OF CHILDREN.
Section 1591(b) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``or imprisonment'' and inserting
``and imprisonment'';
(B) by inserting ``not less than 15'' after ``any
term of years''; and
(C) by striking ``, or both''; and
(2) in paragraph (2)--
(A) by striking ``or imprisonment for not more than
40 years, or both'' and inserting ``and imprisonment for
not less than 10 years or for life''; and
(B) by striking ``, or both''.
SEC. 209. CHILD ABUSE REPORTING.
Section 2258 of title 18, United States Code, is amended by striking
``guilty of a Class B misdemeanor'' and inserting ``fined under this
title or imprisoned not more than 1 year or both''.
SEC. 210. SEX OFFENDER SUBMISSION TO SEARCH AS CONDITION OF RELEASE.
(a) Conditions of Probation.--Section 3563(b) of title 18, United
States Code, is amended--
(1) in paragraph (21), by striking ``or'' ;
(2) in paragraph (22) by striking the period at the end and
inserting ``or;'' and
(3) by inserting after paragraph (22) the following:
``(23) if required to register under the Sex Offender
Registration and Notification Act, submit his person, and any
property, house, residence, vehicle, papers, computer, other
electronic communication or data storage devices or media, and
effects to search at any time, with or without a warrant, by any
law enforcement or probation officer with reasonable suspicion
concerning a violation of a condition of probation or unlawful
conduct by the person, and by any probation officer in the
lawful discharge of the officer's supervision functions.''.
(b) Supervised Release.--Section 3583(d) of title 18, United States
Code, is amended by adding at the end the following: ``The court may
order, as an explicit condition of supervised release for a person who
is a felon and required to register under the Sex Offender Registration
and Notification Act, that the person submit his person, and any
property, house, residence, vehicle, papers, computer, other electronic
communications or data storage devices or media, and effects to search
at any time, with or without a warrant, by any law enforcement or
probation officer with reasonable suspicion concerning a violation of a
condition of supervised
release or unlawful conduct by the person, and by any probation officer
in the lawful discharge of the officer's supervision functions.''.
SEC. 211. NO LIMITATION FOR PROSECUTION OF FELONY SEX OFFENSES.
Chapter 213 of title 18, United States Code, is amended--
(1) by adding at the end the following:
``Sec. 3299. Child abduction and sex offenses
``Notwithstanding any other law, an indictment may be found or an
information instituted at any time without limitation for any offense
under section 1201 involving a minor victim, and for any felony under
chapter 109A, 110 (except for section 2257 and 2257A), or 117, or
section 1591.''; and
(2) by adding at the end of the table of sections at the
beginning of the chapter the following new item:
``3299. Child abduction and sex offenses''.
SEC. 212. VICTIMS' RIGHTS ASSOCIATED WITH HABEAS CORPUS PROCEEDINGS.
Section 3771(b) of title 18, United States Code, is amended--
(1) by striking ``In any court proceeding'' and inserting
the following:
``(1) In general.--In any court proceeding''; and
(2) by adding at the end the following:
``(2) Habeas corpus proceedings.--
``(A) In general.--In a Federal habeas corpus
proceeding arising out of a State conviction, the court
shall ensure that a crime victim is afforded the rights
described in paragraphs (3), (4), (7), and (8) of
subsection (a).
``(B) Enforcement.--
``(i) In general.--These rights may be
enforced by the crime victim or the crime victim's
lawful representative in the manner described in
paragraphs (1) and (3) of subsection (d).
``(ii) Multiple victims.--
In <<NOTE: Applicability.>> a case involving
multiple victims, subsection (d)(2) shall also
apply.
``(C) Limitation.--This paragraph relates to the
duties of a court in relation to the rights of a crime
victim in Federal habeas corpus proceedings arising out
of a State conviction, and does not give rise to any
obligation or requirement applicable to personnel of any
agency of the Executive Branch of the Federal
Government.
``(D) Definition.--For purposes of this paragraph,
the term `crime victim' means the person against whom
the State offense is committed or, if that person is
killed or incapacitated, that person's family member or
other lawful representative.''.
SEC. 213. KIDNAPPING JURISDICTION.
Section 1201 of title 18, United States Code, is amended--
(1) in subsection (a)(1), by striking ``if the person was
alive when the transportation began'' and inserting ``, or the
offender travels in interstate or foreign commerce or uses the
mail or any means, facility, or instrumentality of interstate or
foreign commerce in committing or in furtherance of the
commission of the offense''; and
(2) in subsection (b), by striking ``to interstate'' and
inserting ``in interstate''.
SEC. 214. MARITAL COMMUNICATION AND ADVERSE SPOUSAL PRIVILEGE.
The Committee on Rules, Practice, Procedure, and Evidence of the
Judicial Conference of the United States shall study the necessity and
desirability of amending the Federal Rules of Evidence to provide that
the confidential marital communications privilege and the adverse
spousal privilege shall be inapplicable in any Federal proceeding in
which a spouse is charged with a crime against--
(1) a child of either spouse; or
(2) a child under the custody or control of either spouse.
SEC. 215. ABUSE AND NEGLECT OF INDIAN CHILDREN.
Section 1153(a) of title 18, United States Code, is amended by
inserting ``felony child abuse or neglect,'' after ``years,''.
SEC. 216. IMPROVEMENTS TO THE BAIL REFORM ACT TO ADDRESS SEX CRIMES AND
OTHER MATTERS.
Section 3142 of title 18, United States Code, is amended--
(1) in subsection (c)(1)(B), by inserting at the end the
following: ``In any case that involves a minor victim under
section 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 2251A,
2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2),
2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425 of
this title, or a failure to register offense under section 2250
of this title, any release order shall contain, at a minimum, a
condition of electronic monitoring and each of the conditions
specified at subparagraphs (iv), (v), (vi), (vii), and
(viii).''.
(2) in subsection (f)(1)--
(A) in subparagraph (C), by striking ``or'' at the
end; and
(B) by adding at the end the following:
``(E) any felony that is not otherwise a crime of
violence that involves a minor victim or that involves
the possession or use of a firearm or destructive device
(as those terms are defined in section 921), or any
other dangerous weapon, or involves a failure to
register under section 2250 of title 18, United States
Code; or''; and
(3) in subsection (g), by striking paragraph (1) and
inserting the following:
``(1) the nature and circumstances of the offense charged,
including whether the offense is a crime of violence, a Federal
crime of terrorism, or involves a minor victim or a controlled
substance, firearm, explosive, or destructive device;''.
TITLE III--CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS
SEC. 301. <<NOTE: 42 USC 16971.>> JIMMY RYCE STATE CIVIL COMMITMENT
PROGRAMS FOR SEXUALLY DANGEROUS PERSONS.
(a) Grants Authorized.--Except as provided in subsection (b), the
Attorney General shall make grants to jurisdictions for
the purpose of establishing, enhancing, or operating effective civil
commitment programs for sexually dangerous persons.
(b) Limitation.--The Attorney General shall not make any grant under
this section for the purpose of establishing, enhancing, or operating
any transitional housing for a sexually dangerous person in or near a
location where minors or other vulnerable persons are likely to come
into contact with that person.
(c) Eligibility.--
(1) In general.--To be eligible to receive a grant under
this section, a jurisdiction shall, before the expiration of the
compliance period--
(A) have established a civil commitment program for
sexually dangerous persons that is consistent with
guidelines issued by the Attorney General; or
(B) submit a plan for the establishment of such a
program.
(2) Compliance period.--The <<NOTE: Expiration
date. Extension.>> compliance period referred to in paragraph
(1) expires on the date that is 2 years after the date of the
enactment of this Act. However, the Attorney General may, on a
case-by-case basis, extend the compliance period that applies to
a jurisdiction if the Attorney General considers such an
extension to be appropriate.
(3) Release notice.--
(A) Each civil commitment program for which funding
is required under this section shall require the
issuance of timely notice to a State official
responsible for considering whether to pursue civil
commitment proceedings upon the impending release of any
person incarcerated by the State who--
(i) has been convicted of a sexually violent
offense; or
(ii) has been deemed by the State to be at
high risk for recommitting any sexual offense
against a minor.
(B) The program shall further require that upon
receiving notice under subparagraph (A), the State
official shall consider whether or not to pursue a civil
commitment proceeding, or any equivalent proceeding
required under State law.
(d) Attorney General Reports.--Not later than January 31 of each
year, beginning with 2008, the Attorney General shall submit to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report on the progress of
jurisdictions in implementing this section and the rate of sexually
violent offenses for each jurisdiction.
(e) Definitions.--As used in this section:
(1) The term ``civil commitment program'' means a program
that involves--
(A) secure civil confinement, including appropriate
control, care, and treatment during such confinement;
and
(B) appropriate supervision, care, and treatment for
individuals released following such confinement.
(2) The term ``sexually dangerous person'' means a person
suffering from a serious mental illness, abnormality, or
disorder, as a result of which the individual would have serious
difficulty in refraining from sexually violent conduct or child
molestation.
(3) The term ``jurisdiction'' has the meaning given such
term in section 111.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2007 through 2010.
SEC. 302. JIMMY RYCE CIVIL COMMITMENT PROGRAM.
Chapter 313 of title 18, United States Code, is amended--
(1) in the chapter analysis--
(A) in the item relating to section 4241, by
inserting ``or to undergo postrelease proceedings''
after ``trial''; and
(B) by inserting at the end the following:
``4248. Civil commitment of a sexually dangerous person'';
(2) in section 4241--
(A) in the heading, by inserting or ``to undergo
postrelease proceedings'' after ``trial'';
(B) in the first sentence of subsection (a), by
inserting ``or at any time after the commencement of
probation or supervised release and prior to the
completion of the sentence,'' after ``defendant,'';
(C) in subsection (d)--
(i) by striking ``trial to proceed'' each
place it appears and inserting ``proceedings to go
forward''; and
(ii) by striking ``section 4246'' and
inserting ``sections 4246 and 4248''; and
(D) in subsection (e)--
(i) by inserting ``or other proceedings''
after ``trial''; and
(ii) by striking ``chapter 207'' and inserting
``chapters 207 and 227'';
(3) in section 4247--
(A) by striking ``, or 4246'' each place it appears
and inserting ``, 4246, or 4248'';
(B) in subsections (g) and (i), by striking ``4243
or 4246'' each place it appears and inserting ``4243,
4246, or 4248'';
(C) in subsection (a)--
(i) by amending subparagraph (1)(C) to read as
follows:
``(C) drug, alcohol, and sex offender treatment
programs, and other treatment programs that will assist
the individual in overcoming a psychological or physical
dependence or any condition that makes the individual
dangerous to others; and'';
(ii) in paragraph (2), by striking ``and'' at
the end;
(iii) in paragraph (3), by striking the period
at the end and inserting a semicolon; and
(iv) by inserting at the end the following:
``(4) `bodily injury' includes sexual abuse;
``(5) `sexually dangerous person' means a person who has
engaged or attempted to engage in sexually violent conduct or
child molestation and who is sexually dangerous to others; and
``(6) `sexually dangerous to others' with respect a person,
means that the person suffers from a serious mental illness,
abnormality, or disorder as a result of which he would have
serious difficulty in refraining from sexually violent conduct
or child molestation if released.'';
(D) in subsection (b), by striking ``4245 or 4246''
and inserting ``4245, 4246, or 4248'';
(E) in subsection (c)(4)--
(i) by redesignating subparagraphs (D) and (E)
as subparagraphs (E) and (F) respectively; and
(ii) by inserting after subparagraph (C) the
following:
``(D) if the examination is ordered under section
4248, whether the person is a sexually dangerous
person;''; and
(F) in subsections (e) and (h)--
(i) by striking ``hospitalized'' each place it
appears and inserting ``committed''; and
(ii) by striking ``hospitalization'' each
place it appears and inserting ``commitment'' ;
and
(4) by inserting at the end the following:
``Sec. 4248. Civil commitment of a sexually dangerous person
``(a) Institution of Proceedings.--In relation to a person who is in
the custody of the Bureau of Prisons, or who has been committed to the
custody of the Attorney General pursuant to section 4241(d), or against
whom all criminal charges have been dismissed solely for reasons
relating to the mental condition of the person, the Attorney General or
any individual authorized by the Attorney General or the Director of the
Bureau of Prisons may certify that the person is a sexually dangerous
person, and transmit the certificate to the clerk of the court for the
district in which the person is confined. The clerk shall send a copy of
the certificate to the person, and to the attorney for the Government,
and, if the person was committed pursuant to section 4241(d), to the
clerk of the court that ordered the commitment. The court shall order a
hearing to determine whether the person is a sexually dangerous person.
A certificate filed under this subsection shall stay the release of the
person pending completion of procedures contained in this section.
``(b) Psychiatric or Psychological Examination and Report.--Prior to
the date of the hearing, the court may order that a psychiatric or
psychological examination of the defendant be conducted, and that a
psychiatric or psychological report be filed with the court, pursuant to
the provisions of section 4247(b) and (c).
``(c) Hearing.--The hearing shall be conducted pursuant to the
provisions of section 4247(d).
``(d) Determination and Disposition.--If, after the hearing, the
court finds by clear and convincing evidence that the person is a
sexually dangerous person, the court shall commit the person to the
custody of the Attorney General. The Attorney General shall release the
person to the appropriate official of the State in which the person is
domiciled or was tried if such State will assume responsibility for his
custody, care, and treatment. The Attorney General shall make all
reasonable efforts to cause such a State to assume such responsibility.
If, notwithstanding such efforts, neither such State will assume such
responsibility, the Attorney General shall place the person for
treatment in a suitable facility, until--
``(1) such a State will assume such responsibility; or
``(2) the person's condition is such that he is no longer
sexually dangerous to others, or will not be sexually dangerous
to others if released under a prescribed regimen of medical,
psychiatric, or psychological care or treatment;
whichever is earlier.
``(e) Discharge.--When the Director of the facility in which a
person is placed pursuant to subsection (d) determines that the person's
condition is such that he is no longer sexually dangerous to others, or
will not be sexually dangerous to others if released under a prescribed
regimen of medical, psychiatric, or psychological care or treatment, he
shall promptly file a certificate to that effect with the clerk of the
court that ordered the commitment. The clerk shall send a copy of the
certificate to the person's counsel and to the attorney for the
Government. The court shall order the discharge of the person or, on
motion of the attorney for the Government or on its own motion, shall
hold a hearing, conducted pursuant to the provisions of section 4247(d),
to determine whether he should be released. If, after the hearing, the
court finds by a preponderance of the evidence that the person's
condition is such that--
``(1) he will not be sexually dangerous to others if
released unconditionally, the court shall order that he be
immediately discharged; or
``(2) he will not be sexually dangerous to others if
released under a prescribed regimen of medical, psychiatric, or
psychological care or treatment, the court shall--
``(A) order that he be conditionally discharged
under a prescribed regimen of medical, psychiatric, or
psychological care or treatment that has been prepared
for him, that has been certified to the court as
appropriate by the Director of the facility in which he
is committed, and that has been found by the court to be
appropriate; and
``(B) order, as an explicit condition of release,
that he comply with the prescribed regimen of medical,
psychiatric, or psychological care or treatment.
The court at any time may, after a hearing employing the same
criteria, modify or eliminate the regimen of medical,
psychiatric, or psychological care or treatment.
``(f) Revocation of Conditional Discharge.--
The <<NOTE: Notification.>> director of a facility responsible for
adminis |