[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4472 Enrolled Bill (ENR)]
H.R.4472
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

46605e1dc68a0a54a76ba58bbea672e6ff3cf46b76d7df6842693a50e44ab184

(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:

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25th anniversary of Adam Walsh's abduction and murder.

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Subtitle A--Sex Offender Registration and Notification

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TITLE I

-SEX OFFENDER REGISTRATION AND NOTIFICATION ACT

offender
definition and expanded inclusion of child predators.

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

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offenders relocated as a result of a major disaster.

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

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any foster or adoptive placement and to check national crime
information databases and State child abuse registries;
suspension and subsequent elimination of Opt-Out.

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FROM SEXUAL ATTACKS AND OTHER VIOLENT CRIMES

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TITLE II

-FEDERAL CRIMINAL LAW ENHANCEMENTS NEEDED TO PROTECT CHILDREN

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TITLE III

-CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS

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TITLE IV

-IMMIGRATION LAW REFORMS TO PREVENT SEX OFFENDERS FROM ABUSING

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TITLE V

-CHILD PORNOGRAPHY PREVENTION

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SAFETY
Subtitle A--Mentoring Matches for Youth Act

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TITLE VI

-GRANTS, STUDIES, AND PROGRAMS FOR CHILDREN AND COMMUNITY

Subtitle B--National Police Athletic League Youth Enrichment Act

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Subtitle C--Grants, Studies, and Other Provisions

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using driver's license registration processes as additional
registration requirements for sex offenders.

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sex offenders to reduce the occurrence of repeat offenses.

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TITLE VII

-INTERNET SAFETY ACT

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.

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

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

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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

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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.

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(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.

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

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(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.

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(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.

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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.

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

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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.

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(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.

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(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.

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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.

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

45cc1e8a7b43c2dbf6573d3ada20c0d630ee57d0fc92f34c720472a620ccd88e

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.

524af7d36b6a1195b28096e6af1be8ed00789e41cdb4dca821ab00d05788e649

(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.

5802b4978b0d578e58f75f9c57066fe20d45830811f4e4a8a04df1e58a095510

(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.

e5244e749feae0672b1618bccd9dcc81cfd839d5802bf3229a6ddb7835a4f709

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

b6d748453ef3f9764fed4fe04c93c2402b64f0821d86655b221d8d121058bc5f

(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 jurisdictions--
(A) arrange for the tribe to carry out any function of such
a jurisdiction under this subtitle with respect to sex
offenders subject to the tribe's jurisdiction; and
(B) arrange for such a jurisdiction to carry out any
function of the tribe under this subtitle with respect to sex
offenders subject to the tribe's jurisdiction.

f5bb23619452c218200667b1179fa555019f7b23755db5d911a024745487502e

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.

b981a4420a09e8c19272932818e44688c0cb5adb7b77c43cbb4aa4f0dbe8db5b

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

fd7f0ca442dbab9c626568d8e67b7efe922ff7086a5ba3d104f1dc3724112670

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.''.

511562331f1c57384e91881625091a24950004f3ba8369be96b2d4c065ee7bf3

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

9e080d41dfd5878f81f11a8bc58d8b46a4f907f1f6fcb23f1071c50841cc81c2

OFFENDER REGISTRATION.
(a) Criminal Penalties for Nonregistration.--
(1) In general.--Part I of title 18, United States Code, is
amended by inserting after chapter 109A the following:
``CHAPTER 109B--SEX OFFENDER AND CRIMES AGAINST CHILDREN REGISTRY
``Sec.
``2250. Failure to register.
``Sec. 2250. Failure to register
``(a) In General.--Whoever--
``(1) is required to register under the Sex Offender
Registration and Notification Act;
``(2)(A) is a sex offender as defined for the purposes of the
Sex Offender Registration and Notification Act by reason of a
conviction under Federal law (including the Uniform Code of
Military Justice), the law of the District of Columbia, Indian
tribal law, or the law of any territory or possession of the United
States; or
``(B) travels in interstate or foreign commerce, or enters or
leaves, or resides in, Indian country; and
``(3) knowingly fails to register or update a registration as
required by the Sex Offender Registration and Notification Act;
shall be fined under this title or imprisoned not more than 10 years,
or both.
``(b) Affirmative Defense.--In a prosecution for a violation under
subsection (a), it is an affirmative defense that--
``(1) uncontrollable circumstances prevented the individual
from complying;
``(2) the individual did not contribute to the creation of such
circumstances in reckless disregard of the requirement to comply;
and
``(3) the individual complied as soon as such circumstances
ceased to exist.
``(c) Crime of Violence.--
``(1) In general.--An individual described in subsection (a)
who commits a crime of violence under Federal law (including the
Uniform Code of Military Justice), the law of the District of
Columbia, Indian tribal law, or the law of any territory or
possession of the United States shall be imprisoned for not less
than 5 years and not more than 30 years.
``(2) Additional punishment.--The punishment provided in
paragraph (1) shall be in addition and consecutive to the
punishment provided for the violation described in subsection
(a).''.
(2) Clerical amendment.--The table of chapters for part I of
title 18, United States Code, is amended by inserting after the
item relating to chapter 109A the following:
``109B. Sex offender and crimes against children registry........2250''.
(b) Directive to the United States Sentencing Commission.--In
promulgating guidelines for use of a sentencing court in determining
the sentence to be imposed for the offense specified in subsection (a),
the United States Sentencing Commission shall consider the following
matters, in addition to the matters specified in section 994 of title
28, United States Code:
(1) Whether the person committed another sex offense in
connection with, or during, the period for which the person failed
to register.
(2) Whether the person committed an offense against a minor in
connection with, or during, the period for which the person failed
to register.
(3) Whether the person voluntarily attempted to correct the
failure to register.
(4) The seriousness of the offense which gave rise to the
requirement to register, including whether such offense is a tier
I, tier II, or tier III offense, as those terms are defined in
section 111.
(5) Whether the person has been convicted or adjudicated
delinquent for any offense other than the offense which gave rise
to the requirement to register.
(c) False Statement Offense.--Section 1001(a) of title 18, United
States Code, is amended by adding at the end the following: ``If the
matter relates to an offense under chapter 109A, 109B, 110, or 117, or
section 1591, then the term of imprisonment imposed under this section
shall be not more than 8 years.''.
(d) Probation.--Paragraph (8) of section 3563(a) of title 18,
United States Code, is amended to read as follows:
``(8) for a person required to register under the Sex Offender
Registration and Notification Act, that the person comply with the
requirements of that Act; and''.
(e) Supervised Release.--Section 3583 of title 18, United States
Code, is amended--
(1) in subsection (d), in the sentence beginning with ``The
court shall order, as an explicit condition of supervised release
for a person described in section 4042(c)(4)'', by striking
``described in section 4042(c)(4)'' and all that follows through
the end of the sentence and inserting ``required to register under
the Sex Offender Registration and Notification Act, that the person
comply with the requirements of that Act.''.
(2) in subsection (k)--
(A) by striking ``2244(a)(1), 2244(a)(2)'' and inserting
``2243, 2244, 2245, 2250'';
(B) by inserting ``not less than 5,'' after ``any term of
years''; and
(C) by adding at the end the following: ``If a defendant
required to register under the Sex Offender Registration and
Notification Act commits any criminal offense under 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) 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.''.

3f32d4a4c4b198214708beb22d669b7dcf10e701ad9154880994d12321ce81f1

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.

6ec85eef20da415e5dc70ec58934d466b58fa74fd09819a78cd74644b21c1fa8

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

9b4aa4be3412f5e06dc48af1060ddf78351f63752c895448e1729669d71f4c89

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.

1a0c980aa08ef17f9b24068c1e20d34e3ae43c2f122a24602434163d3c4390fe

(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).

59e74367ae3d89228fd8def6357448230fa483dd2c92fae7e35c7e0cd5b9b21a

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

39f2c58f88959f680ac876b7de74953deeb3219e2d26cd58ca6794a47964662f

(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.

6bd80f53994075aa6c04c567540bc381237e5635105f1e7478f0b57c82f086d2

ANY FOSTER OR ADOPTIVE PLACEMENT AND TO CHECK NATIONAL
CRIME INFORMATION DATABASES AND STATE CHILD ABUSE
REGISTRIES; SUSPENSION AND SUBSEQUENT ELIMINATION OF OPT-
OUT.
(a) Requirement To Complete Background Checks Before Approval of
Any Foster or Adoptive Placement and To Check National Crime
Information Databases and State Child Abuse Registries; Suspension of
Opt-Out.--
(1) Requirement to check national crime information databases
and state child abuse registries.--Section 471(a)(20) of the Social
Security Act (42 U.S.C. 671(a)(20)) is amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (I)--
(I) by inserting ``, including fingerprint-based
checks of national crime information databases (as
defined in section 534(e)(3)(A) of title 28, United
States Code),'' after ``criminal records checks''; and
(II) by striking ``on whose behalf foster care
maintenance payments or adoption assistance payments
are to be made'' and inserting ``regardless of whether
foster care maintenance payments or adoption assistance
payments are to be made on behalf of the child''; and
(ii) in each of clauses (i) and (ii), by inserting
``involving a child on whose behalf such payments are to be
so made'' after ``in any case''; and
(B) by adding at the end the following:
``(C) provides that the State shall--
``(i) check any child abuse and neglect registry maintained
by the State for information on any prospective foster or
adoptive parent and on any other adult living in the home of
such a prospective parent, and request any other State in which
any such prospective parent or other adult has resided in the
preceding 5 years, to enable the State to check any child abuse
and neglect registry maintained by such other State for such
information, before the prospective foster or adoptive parent
may be finally approved for placement of a child, regardless of
whether foster care maintenance payments or adoption assistance
payments are to be made on behalf of the child under the State
plan under this part;
``(ii) comply with any request described in clause (i) that
is received from another State; and
``(iii) have in place safeguards to prevent the
unauthorized disclosure of information in any child abuse and
neglect registry maintained by the State, and to prevent any
such information obtained pursuant to this subparagraph from
being used for a purpose other than the conducting of
background checks in foster or adoptive placement cases;''.
(2) Suspension of opt-out.--Section 471(a)(20)(B) of such Act
(42 U.S.C. 671(a)(20)(B)) is amended--
(A) by inserting ``, on or before September 30, 2005,''
after ``plan if''; and
(B) by inserting ``, on or before such date,'' after ``or
if''.
(b) Elimination of Opt-Out.--Section 471(a)(20) of such Act (42
U.S.C. 671(a)(20)), as amended by subsection (a) of this section, is
amended--
(1) in subparagraph (A), in the matter preceding clause (i), by
striking ``unless an election provided for in subparagraph (B) is
made with respect to the State,''; and
(2) by striking subparagraph (B) and redesignating subparagraph
(C) as subparagraph (B).
(c) Effective Date.--
(1) General.--The amendments made by subsection (a) shall take
effect on October 1, 2006, and shall apply with respect to payments
under part E of title IV of the Social Security Act for calendar
quarters beginning on or after such date, without regard to whether
regulations to implement the amendments are promulgated by such
date.
(2) Elimination of opt-out.--The amendments made by subsection
(b) shall take effect on October 1, 2008, and shall apply with
respect to payments under part E of title IV of the Social Security
Act for calendar quarters beginning on or after such date, without
regard to whether regulations to implement the amendments are
promulgated by such date.
(3) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan under section 471 of the Social
Security Act to meet the additional requirements imposed by the
amendments made by a subsection of this section, the plan shall not
be regarded as failing to meet any of the additional requirements
before the first day of the first calendar quarter beginning after
the first regular session of the State legislature that begins
after the otherwise applicable effective date of the amendments. If
the State has a 2-year legislative session, each year of the
session is deemed to be a separate regular session of the State
legislature.

44811c61282ff65e4892b9227031224c4e33548e9525fc6a0aa8c9dae2c33898

(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).

b0fe5f3920c0a70c998e5968c466c87dbc182ad948d5e2154ee2e1a8f79a94cd

(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.

b635e8e6e18bb263a01cf67d3eb474b897cc01fa38cb74662b0ba1f81fc40ec5

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''.
FROM SEXUAL ATTACKS AND OTHER VIOLENT CRIMES

63858202d72ade13f57be7953950d22c6ed558d3d37b149ae654e8276a6cabed

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

d9e9a984bfa3fcfd4be4bc902e152078b4efa54708eaf4c912649f2f2527b3c9

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.''.

469aa1aa4f4022c3ceb03f53376e4ffd6db0300b941cf4908b58de9beda7f9e2

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''.

f9fcde27aec7110ca07afce590f93baaebb36e1722cce30824d5e8e58b802183

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''.

ee83711f07769256dd255a47a9856f0ede788f38f4887b98ac13ecd95c9c3dcd

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''.

2a28554dd1bf40a47a793cd2df39a08e2e0362de38cc7b6eec244278f425c80d

(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''.

575167d8a8630b62b9722eaf65ffbfe9179dbc65e23fae8c840d00d668276862

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

7adc643525408f3858e0ff1e4d2b253e1c290e1aa8a46d08258c658d470b7480

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''.

9a050d782f9c0667b83df00ac8f062505aacb789fd6d7a205a7046f0ec6a0020

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''.

b5f3d02807a6b40fb4e8ec8e3329a6b45c7f7ab3a281bdc783dd5627bfa9ccd7

(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.''.

cb856539d41e69bf93ec0f6322339fec85617d9e29269bf70a6b82d5ceb952ac

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''.

ca890a193c8a95fe2db7d007270148553ff66401416a3a021b8cfc77969e67ea

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

c55a31ba7b05b42826e3a82a90319bcd753c605a7f6c6d963c53b10b04f66a0f

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''.

a6cce6c7d071a333f17d81ea4a13f5a13a34b68e183808100e05745c455e5bc1

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.

ca4e5c18dc04b63cc8729d7a7d3d8aca4d85c22cc2ec81b056227b952dbf4090

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

db8e42e4fa51ec5f3ca651c7159bb6a72a3b0888d5ec57440dea448974e7ad1b

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;''.

35cd12eca587b2fe3bb2c677483af662291a976766a57b67ea95ddfc32fc9af9

DANGEROUS PERSONS.
(a) Grants Authorized.--Except as provided in subsection (b), the
Attorney General shall make grants to jurisdictions for the purpose of
establishing, enhancing, or operating effective civil commitment
programs for sexually dangerous persons.
(b) Limitation.--The Attorney General shall not make any grant
under this section for the purpose of establishing, enhancing, or
operating any transitional housing for a sexually dangerous person in
or near a location where minors or other vulnerable persons are likely
to come into contact with that person.
(c) Eligibility.--
(1) In general.--To be eligible to receive a grant under this
section, a jurisdiction shall, before the expiration of the
compliance period--
(A) have established a civil commitment program for
sexually dangerous persons that is consistent with guidelines
issued by the Attorney General; or
(B) submit a plan for the establishment of such a program.
(2) Compliance period.--The compliance period referred to in
paragraph (1) expires on the date that is 2 years after the date of
the enactment of this Act. However, the Attorney General may, on a
case-by-case basis, extend the compliance period that applies to a
jurisdiction if the Attorney General considers such an extension to
be appropriate.
(3) Release notice.--
(A) Each civil commitment program for which funding is
required under this section shall require the issuance of
timely notice to a State official responsible for considering
whether to pursue civil commitment proceedings upon the
impending release of any person incarcerated by the State who--
(i) has been convicted of a sexually violent offense;
or
(ii) has been deemed by the State to be at high risk
for recommitting any sexual offense against a minor.
(B) The program shall further require that upon receiving
notice under subparagraph (A), the State official shall
consider whether or not to pursue a civil commitment
proceeding, or any equivalent proceeding required under State
law.
(d) Attorney General Reports.--Not later than January 31 of each
year, beginning with 2008, the Attorney General shall submit to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report on the progress of
jurisdictions in implementing this section and the rate of sexually
violent offenses for each jurisdiction.
(e) Definitions.--As used in this section:
(1) The term ``civil commitment program'' means a program that
involves--
(A) secure civil confinement, including appropriate
control, care, and treatment during such confinement; and
(B) appropriate supervision, care, and treatment for
individuals released following such confinement.
(2) The term ``sexually dangerous person'' means a person
suffering from a serious mental illness, abnormality, or disorder,
as a result of which the individual would have serious difficulty
in refraining from sexually violent conduct or child molestation.
(3) The term ``jurisdiction'' has the meaning given such term
in section 111.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2007 through 2010.

86df4101c07e7813df3c6b0faad27467781e4ba46e6ccfc004d75f98579a626a

Chapter 313 of title 18, United States Code, is amended--
(1) in the chapter analysis--
(A) in the item relating to section 4241, by inserting ``or
to undergo postrelease proceedings'' after ``trial''; and
(B) by inserting at the end the following:
``4248. Civil commitment of a sexually dangerous person'';
(2) in section 4241--
(A) in the heading, by inserting or ``to undergo
postrelease proceedings'' after ``trial'';
(B) in the first sentence of subsection (a), by inserting
``or at any time after the commencement of probation or
supervised release and prior to the completion of the
sentence,'' after ``defendant,'';
(C) in subsection (d)--
(i) by striking ``trial to proceed'' each place it
appears and inserting ``proceedings to go forward''; and
(ii) by striking ``section 4246'' and inserting
``sections 4246 and 4248''; and
(D) in subsection (e)--
(i) by inserting ``or other proceedings'' after
``trial''; and
(ii) by striking ``chapter 207'' and inserting
``chapters 207 and 227'';
(3) in section 4247--
(A) by striking ``, or 4246'' each place it appears and
inserting ``, 4246, or 4248'';
(B) in subsections (g) and (i), by striking ``4243 or
4246'' each place it appears and inserting ``4243, 4246, or
4248'';
(C) in subsection (a)--
(i) by amending subparagraph (1)(C) to read as follows:
``(C) drug, alcohol, and sex offender treatment programs,
and other treatment programs that will assist the individual in
overcoming a psychological or physical dependence or any
condition that makes the individual dangerous to others; and'';
(ii) in paragraph (2), by striking ``and'' at the end;
(iii) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(iv) by inserting at the end the following:
``(4) `bodily injury' includes sexual abuse;
``(5) `sexually dangerous person' means a person who has
engaged or attempted to engage in sexually violent conduct or child
molestation and who is sexually dangerous to others; and
``(6) `sexually dangerous to others' with respect a person,
means that the person suffers from a serious mental illness,
abnormality, or disorder as a result of which he would have serious
difficulty in refraining from sexually violent conduct or child
molestation if released.'';
(D) in subsection (b), by striking ``4245 or 4246'' and
inserting ``4245, 4246, or 4248'';
(E) in subsection (c)(4)--
(i) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F) respectively; and
(ii) by inserting after subparagraph (C) the following:
``(D) if the examination is ordered under section 4248,
whether the person is a sexually dangerous person;''; and
(F) in subsections (e) and (h)--
(i) by striking ``hospitalized'' each place it appears
and inserting ``committed''; and
(ii) by striking ``hospitalization'' each place it
appears and inserting ``commitment'' ; and
(4) by inserting at the end the following:
``Sec. 4248. Civil commitment of a sexually dangerous person
``(a) Institution of Proceedings.--In relation to a person who is
in the custody of the Bureau of Prisons, or who has been committed to
the custody of the Attorney General pursuant to section 4241(d), or
against whom all criminal charges have been dismissed solely for
reasons relating to the mental condition of the person, the Attorney
General or any individual authorized by the Attorney General or the
Director of the Bureau of Prisons may certify that the person is a
sexually dangerous person, and transmit the certificate to the clerk of
the court for the district in which the person is confined. The clerk
shall send a copy of the certificate to the person, and to the attorney
for the Government, and, if the person was committed pursuant to
section 4241(d), to the clerk of the court that ordered the commitment.
The court shall order a hearing to determine whether the person is a
sexually dangerous person. A certificate filed under this subsection
shall stay the release of the person pending completion of procedures
contained in this section.
``(b) Psychiatric or Psychological Examination and Report.--Prior
to the date of the hearing, the court may order that a psychiatric or
psychological examination of the defendant be conducted, and that a
psychiatric or psychological report be filed with the court, pursuant
to the provisions of section 4247(b) and (c).
``(c) Hearing.--The hearing shall be conducted pursuant to the
provisions of section 4247(d).
``(d) Determination and Disposition.--If, after the hearing, the
court finds by clear and convincing evidence that the person is a
sexually dangerous person, the court shall commit the person to the
custody of the Attorney General. The Attorney General shall release the
person to the appropriate official of the State in which the person is
domiciled or was tried if such State will assume responsibility for his
custody, care, and treatment. The Attorney General shall make all
reasonable efforts to cause such a State to assume such responsibility.
If, notwithstanding such efforts, neither such State will assume such
responsibility, the Attorney General shall place the person for
treatment in a suitable facility, until--
``(1) such a State will assume such responsibility; or
``(2) the person's condition is such that he is no longer
sexually dangerous to others, or will not be sexually dangerous to
others if released under a prescribed regimen of medical,
psychiatric, or psychological care or treatment;
whichever is earlier.
``(e) Discharge.--When the Director of the facility in which a
person is placed pursuant to subsection (d) determines that the
person's condition is such that he is no longer sexually dangerous to
others, or will not be sexually dangerous to others if released under a
prescribed regimen of medical, psychiatric, or psychological care or
treatment, he shall promptly file a certificate to that effect with the
clerk of the court that ordered the commitment. The clerk shall send a
copy of the certificate to the person's counsel and to the attorney for
the Government. The court shall order the discharge of the person or,
on motion of the attorney for the Government or on its own motion,
shall hold a hearing, conducted pursuant to the provisions of section
4247(d), to determine whether he should be released. If, after the
hearing, the court finds by a preponderance of the evidence that the
person's condition is such that--
``(1) he will not be sexually dangerous to others if released
unconditionally, the court shall order that he be immediately
discharged; or
``(2) he will not be sexually dangerous to others if released
under a prescribed regimen of medical, psychiatric, or
psychological care or treatment, the court shall--
``(A) order that he be conditionally discharged under a
prescribed regimen of medical, psychiatric, or psychological
care or treatment that has been prepared for him, that has been
certified to the court as appropriate by the Director of the
facility in which he is committed, and that has been found by
the court to be appropriate; and
``(B) order, as an explicit condition of release, that he
comply with the prescribed regimen of medical, psychiatric, or
psychological care or treatment.
The court at any time may, after a hearing employing the same
criteria, modify or eliminate the regimen of medical, psychiatric,
or psychological care or treatment.
``(f) Revocation of Conditional Discharge.--The director of a
facility responsible for administering a regimen imposed on a person
conditionally discharged under subsection (e) shall notify the Attorney
General and the court having jurisdiction over the person of any
failure of the person to comply with the regimen. Upon such notice, or
upon other probable cause to believe that the person has failed to
comply with the prescribed regimen of medical, psychiatric, or
psychological care or treatment, the person may be arrested, and, upon
arrest, shall be taken without unnecessary delay before the court
having jurisdiction over him. The court shall, after a hearing,
determine whether the person should be remanded to a suitable facility
on the ground that he is sexually dangerous to others in light of his
failure to comply with the prescribed regimen of medical, psychiatric,
or psychological care or treatment.
``(g) Release to State of Certain Other Persons.--If the director
of the facility in which a person is hospitalized or placed pursuant to
this chapter certifies to the Attorney General that a person, against
whom all charges have been dismissed for reasons not related to the
mental condition of the person, is a sexually dangerous person, the
Attorney General shall release the person to the appropriate official
of the State in which the person is domiciled or was tried for the
purpose of institution of State proceedings for civil commitment. If
neither such State will assume such responsibility, the Attorney
General shall release the person upon receipt of notice from the State
that it will not assume such responsibility, but not later than 10 days
after certification by the director of the facility.''.
CHILDREN

d3602319f4baa9c541a28342ba7881744768b9ff24d29d8030030153ebd38e2e

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

b18fd67f00e3372eaf45a4dc4d4ec73e911d10c5722e4155ab791de555f9c313

PETITIONS APPROVED.
(a) Immigrant Family Members.--Section 204(a)(1) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)), is amended--
(1) in subparagraph (A)(i), by striking ``Any'' and inserting
``Except as provided in clause (viii), any'';
(2) in subparagraph (A), by inserting after clause (vii) the
following:
``(viii)(I) Clause (i) shall not apply to a citizen of
the United States who has been convicted of a specified
offense against a minor, unless the Secretary of Homeland
Security, in the Secretary's sole and unreviewable
discretion, determines that the citizen poses no risk to
the alien with respect to whom a petition described in
clause (i) is filed.
``(II) For purposes of subclause (I), the term
`specified offense against a minor' is defined as in
section 111 of the Adam Walsh Child Protection and Safety
Act of 2006.''; and
(3) in subparagraph (B)(i)--
(A) by striking ``(B)(i) Any alien'' and inserting the
following: ``(B)(i)(I) Except as provided in subclause (II),
any alien''; and
(B) by adding at the end the following:
``(I) Subclause (I) shall not apply in the case of
an alien lawfully admitted for permanent residence who
has been convicted of a specified offense against a
minor (as defined in subparagraph (A)(viii)(II)),
unless the Secretary of Homeland Security, in the
Secretary's sole and unreviewable discretion,
determines that such person poses no risk to the alien
with respect to whom a petition described in subclause
(I) is filed.''.
(b) Nonimmigrants.--Section 101(a)(15)(K) (8 U.S.C.
1101(a)(15)(K)), is amended by inserting ``(other than a citizen
described in section 204(a)(1)(A)(viii)(I))'' after ``citizen of the
United States'' each place that phrase appears.

b86944a8ffb1ae842a21c73cc82d9ddf4ee1c8f9ba0037fd83d0024f11c2fe15

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

fc2ddfc98f878740cb19adc2edbbb6f79252c79b009feaacf78a1fa01b38883f

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

04b8a12f86f15b8d9ee24aee1ebabe3114395313796f734a8aed2cac74100b6a

(a) In General.--Chapter 110 of title 18, United States Code, is
amended by inserting after section 2257 the following:
``SEC. 2257A. RECORD KEEPING REQUIREMENTS FOR SIMULATED SEXUAL CONDUCT.
``(a) Whoever produces any book, magazine, periodical, film,
videotape, digital image, digitally- or computer-manipulated image of
an actual human being, picture, or other matter that--
``(1) contains 1 or more visual depictions of simulated
sexually explicit conduct; and
``(2) is produced in whole or in part with materials which have
been mailed or shipped in interstate or foreign commerce, or is
shipped or transported or is intended for shipment or
transportation in interstate or foreign commerce;
shall create and maintain individually identifiable records pertaining
to every performer portrayed in such a visual depiction.
``(b) Any person to whom subsection (a) applies shall, with respect
to every performer portrayed in a visual depiction of simulated
sexually explicit conduct--
``(1) ascertain, by examination of an identification document
containing such information, the performer's name and date of
birth, and require the performer to provide such other indicia of
his or her identity as may be prescribed by regulations;
``(2) ascertain any name, other than the performer's present
and correct name, ever used by the performer including maiden name,
alias, nickname, stage, or professional name; and
``(3) record in the records required by subsection (a) the
information required by paragraphs (1) and (2) and such other
identifying information as may be prescribed by regulation.
``(c) Any person to whom subsection (a) applies shall maintain the
records required by this section at their business premises, or at such
other place as the Attorney General may by regulation prescribe and
shall make such records available to the Attorney General for
inspection at all reasonable times.
``(d)(1) No information or evidence obtained from records required
to be created or maintained by this section shall, except as provided
in this section, directly or indirectly, be used as evidence against
any person with respect to any violation of law.
``(2) Paragraph (1) shall not preclude the use of such information
or evidence in a prosecution or other action for a violation of this
chapter or chapter 71, or for a violation of any applicable provision
of law with respect to the furnishing of false information.
``(e)(1) Any person to whom subsection (a) applies shall cause to
be affixed to every copy of any matter described in subsection (a)(1)
in such manner and in such form as the Attorney General shall by
regulations prescribe, a statement describing where the records
required by this section with respect to all performers depicted in
that copy of the matter may be located. In this paragraph, the term
`copy' includes every page of a website on which matter described in
subsection (a) appears.
``(2) If the person to whom subsection (a) applies is an
organization the statement required by this subsection shall include
the name, title, and business address of the individual employed by
such organization responsible for maintaining the records required by
this section.
``(f) It shall be unlawful--
``(1) for any person to whom subsection (a) applies to fail to
create or maintain the records as required by subsections (a) and
(c) or by any regulation promulgated under this section;
``(2) for any person to whom subsection (a) applies knowingly
to make any false entry in or knowingly to fail to make an
appropriate entry in, any record required by subsection (b) or any
regulation promulgated under this section;
``(3) for any person to whom subsection (a) applies knowingly
to fail to comply with the provisions of subsection (e) or any
regulation promulgated pursuant to that subsection; or
``(4) for any person knowingly to sell or otherwise transfer,
or offer for sale or transfer, any book, magazine, periodical,
film, video, or other matter, produced in whole or in part with
materials which have been mailed or shipped in interstate or
foreign commerce or which is intended for shipment in interstate or
foreign commerce, that--
``(A) contains 1 or more visual depictions made after the
date of enactment of this subsection of simulated sexually
explicit conduct; and
``(B) is produced in whole or in part with materials which
have been mailed or shipped in interstate or foreign commerce,
or is shipped or transported or is intended for shipment or
transportation in interstate or foreign commerce;
which does not have affixed thereto, in a manner prescribed as set
forth in subsection (e)(1), a statement describing where the
records required by this section may be located, but such person
shall have no duty to determine the accuracy of the contents of the
statement or the records required to be kept.
``(5) for any person to whom subsection (a) applies to refuse
to permit the Attorney General or his or her designee to conduct an
inspection under subsection (c).
``(g) As used in this section, the terms `produces' and `performer'
have the same meaning as in section 2257(h) of this title.
``(h)(1) The provisions of this section and section 2257 shall not
apply to matter, or any image therein, containing one or more visual
depictions of simulated sexually explicit conduct, or actual sexually
explicit conduct as described in clause (v) of section 2256(2)(A), if
such matter--
``(A)(i) is intended for commercial distribution;
``(ii) is created as a part of a commercial enterprise by a
person who certifies to the Attorney General that such person
regularly and in the normal course of business collects and
maintains individually identifiable information regarding all
performers, including minor performers, employed by that person,
pursuant to Federal and State tax, labor, and other laws, labor
agreements, or otherwise pursuant to industry standards, where such
information includes the name, address, and date of birth of the
performer; and
``(iii) is not produced, marketed or made available by the
person described in clause (ii) to another in circumstances such
than an ordinary person would conclude that the matter contains a
visual depiction that is child pornography as defined in section
2256(8); or
``(B)(i) is subject to the authority and regulation of the
Federal Communications Commission acting in its capacity to enforce
section 1464 of this title, regarding the broadcast of obscene,
indecent or profane programming; and
``(ii) is created as a part of a commercial enterprise by a
person who certifies to the Attorney General that such person
regularly and in the normal course of business collects and
maintains individually identifiable information regarding all
performers, including minor performers, employed by that person,
pursuant to Federal and State tax, labor, and other laws, labor
agreements, or otherwise pursuant to industry standards, where such
information includes the name, address, and date of birth of the
performer.
``(2) Nothing in subparagraphs (A) and (B) of paragraph (1) shall
be construed to exempt any matter that contains any visual depiction
that is child pornography, as defined in section 2256(8), or is actual
sexually explicit conduct within the definitions in clauses (i) through
(iv) of section 2256(2)(A).
``(i)(1) Whoever violates this section shall be imprisoned for not
more than 1 year, and fined in accordance with the provisions of this
title, or both.
``(2) Whoever violates this section in an effort to conceal a
substantive offense involving the causing, transporting, permitting or
offering or seeking by notice or advertisement, a minor to engage in
sexually explicit conduct for the purpose of producing a visual
depiction of such conduct in violation of this title, or to conceal a
substantive offense that involved trafficking in material involving the
sexual exploitation of a minor, including receiving, transporting,
advertising, or possessing material involving the sexual exploitation
of a minor with intent to traffic, in violation of this title, shall be
imprisoned for not more than 5 years and fined in accordance with the
provisions of this title, or both.
``(3) Whoever violates paragraph (2) after having been previously
convicted of a violation punishable under that paragraph shall be
imprisoned for any period of years not more than 10 years but not less
than 2 years, and fined in accordance with the provisions of this
title, or both.
``The provisions of this section shall not become effective until
90 days after the final regulations implementing this section are
published in the Federal Register. The provisions of this section shall
not apply to any matter, or image therein, produced, in whole or in
part, prior to the effective date of this section.
``(k) On an annual basis, the Attorney General shall submit a
report to Congress--
``(1) concerning the enforcement of this section and section
2257 by the Department of Justice during the previous 12-month
period; and
``(2) including--
``(A) the number of inspections undertaken pursuant to this
section and section 2257;
``(B) the number of open investigations pursuant to this
section and section 2257;
``(C) the number of cases in which a person has been
charged with a violation of this section and section 2257; and
``(D) for each case listed in response to subparagraph (C),
the name of the lead defendant, the federal district in which
the case was brought, the court tracking number, and a synopsis
of the violation and its disposition, if any, including
settlements, sentences, recoveries and penalties.''.
(b) Chapter Analysis.--The chapter analysis for chapter 110 of
title 18, United States Code, is amended by inserting after the item
for section 2257 the following:
``2257A. Recordkeeping requirements for simulated sexual conduct.''.

6097ec9622ca55b04568cb9514466d19ea4928d5fcad132adc1c9fc79c90fafc

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

7cb31aae3af9079a2e8bd7a8f6c9e9e5a4341f645a268d63939f2ff08afbf6eb

EXPLOITATION AND OBSCENITY CASES.
(a) Conforming Forfeiture Procedures for Obscenity Offenses.--
Section 1467 of title 18, United States Code, is amended--
(1) in subsection (a)(3), by inserting a period after ``of such
offense'' and striking all that follows; and
(2) by striking subsections (b) through (n) and inserting the
following:
``(b) The provisions of section 413 of the Controlled Substances
Act (21 U.S.C. 853), with the exception of subsections (a) and (d),
shall apply to the criminal forfeiture of property pursuant to
subsection (a).
``(c) Any property subject to forfeiture pursuant to subsection (a)
may be forfeited to the United States in a civil case in accordance
with the procedures set forth in chapter 46 of this title.''.
(b) Property Subject to Criminal Forfeiture.--Section 2253(a) of
title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting ``or who is convicted of an offense under
section 2252B of this chapter,'' after ``2260 of this
chapter''; and
(B) by striking ``an offense under section 2421, 2422, or
2423 of chapter 117'' and inserting ``an offense under chapter
109A'';
(2) in paragraph (1), by inserting ``2252A, 2252B, or 2260''
after ``2252''; and
(3) in paragraph (3), by inserting ``or any property traceable
to such property'' before the period.
(c) Criminal Forfeiture Procedure.--Section 2253 of title 18,
United States Code, is amended by striking subsections (b) through (o)
and inserting the following:
``(b) Section 413 of the Controlled Substances Act (21 U.S.C. 853)
with the exception of subsections (a) and (d), applies to the criminal
forfeiture of property pursuant to subsection (a).''.
(d) Civil Forfeiture.--Section 2254 of title 18, United States
Code, is amended to read as follows:
``Sec. 2254. Civil forfeiture
``Any property subject to forfeiture pursuant to section 2253 may
be forfeited to the United States in a civil case in accordance with
the procedures set forth in chapter 46.''.

abab621f5f7925bf1387b0e3921eb3e9e76cf2eaf2bf16d4cde4c8ea90508fdd

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

e664279a3841768e6719cb886242a00fc452b9d40feb7cbdf227cc40a19147eb

Section 3509(h)(1) of title 18, United States Code, is amended by
inserting ``, and provide reasonable compensation and payment of
expenses for,'' before ``a guardian''.
SAFETY
Subtitle A--Mentoring Matches for Youth Act

aabb6127b65c14b8a1fb29cf80122494f32bd92dec82c7ece61e5a24c530011d

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

1749c76bd50f26d6fcf7a83e52d266b2e3b24862a759086ef14f5f48f7f7c90b

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

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Mentoring Matches for Youth Act of 2006 — HR. 4472

Other Sections