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