PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 587

Public Law 109–248

109th Congress

An Act

To protect children from sexual exploitation and violent crime, to prevent child

abuse and child pornography, to promote Internet safety, and to honor the memory

of Adam Walsh and other child crime victims.

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. 101. Short title.

Sec. 102. Declaration of purpose.

Sec. 103. Establishment of program.

Subtitle A—Sex Offender Registration and Notification

Sec. 111. Relevant definitions, including Amie Zyla expansion of sex offender

definition and expanded inclusion of child predators.

Sec. 112. Registry requirements for jurisdictions.

Sec. 113. Registry requirements for sex offenders.

Sec. 114. Information required in registration.

Sec. 115. Duration of registration requirement.

Sec. 116. Periodic in person verification.

Sec. 117. Duty to notify sex offenders of registration requirements and to register.

Sec. 118. Public access to sex offender information through the Internet.

Sec. 119. National Sex Offender Registry.

Sec. 120. Dru Sjodin National Sex Offender Public Website.

Sec. 121. Megan Nicole Kanka and Alexandra Nicole Zapp Community Notification

Program.

Sec. 122. Actions to be taken when sex offender fails to comply.

Sec. 123. Development and availability of registry management and website software. Sec. 124. Period for implementation by jurisdictions.

Sec. 125. Failure of jurisdiction to comply.

Sec. 126. Sex Offender Management Assistance (SOMA) Program.

Sec. 127. Election by Indian tribes.

Sec. 128. Registration of sex offenders entering the United States.

Sec. 129. Repeal of predecessor sex offender program.

Sec. 130. Limitation on liability for the National Center for Missing and Exploited

Children.

Sec. 131. Immunity for good faith conduct.

Subtitle B—Improving Federal Criminal Law Enforcement To Ensure Sex Offender

Compliance With Registration and Notification Requirements and Protection of

Children From Violent Predators

Sec. 141. Amendments to title 18, United States Code, relating to sex offender

registration.

Adam Walsh

Child Protection

and Safety Act

of 2006.

42 USC 16901

note.

July 27, 2006

[H.R. 4472]

120 STAT. 588 PUBLIC LAW 109–248—JULY 27, 2006

Sec. 142. Federal assistance with respect to violations of registration requirements.

Sec. 143. Project Safe Childhood.

Sec. 144. Federal assistance in identification and location of sex offenders relocated

as a result of a major disaster.

Sec. 145. Expansion of training and technology efforts.

Sec. 146. Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking.

Subtitle C—Access to Information and Resources Needed To Ensure That Children

Are Not Attacked or Abused

Sec. 151. Access to national crime information databases.

Sec. 152. Requirement to complete background checks before approval of any foster

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

Sec. 153. Schools Safe Act.

Sec. 154. Missing child reporting requirements.

Sec. 155. DNA fingerprinting.

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

Sec. 201. Prohibition on Internet sales of date rape drugs.

Sec. 202. Jetseta Gage assured punishment for violent crimes against children.

Sec. 203. Penalties for coercion and enticement by sex offenders.

Sec. 204. Penalties for conduct relating to child prostitution.

Sec. 205. Penalties for sexual abuse.

Sec. 206. Increased penalties for sexual offenses against children.

Sec. 207. Sexual abuse of wards.

Sec. 208. Mandatory penalties for sex-trafficking of children.

Sec. 209. Child abuse reporting.

Sec. 210. Sex offender submission to search as condition of release.

Sec. 211. No limitation for prosecution of felony sex offenses.

Sec. 212. Victims’ rights associated with habeas corpus proceedings.

Sec. 213. Kidnapping jurisdiction.

Sec. 214. Marital communication and adverse spousal privilege.

Sec. 215. Abuse and neglect of Indian children.

Sec. 216. Improvements to the Bail Reform Act to address sex crimes and other

matters.

TITLE III—CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS

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

TITLE IV—IMMIGRATION LAW REFORMS TO PREVENT SEX OFFENDERS

FROM ABUSING CHILDREN

Sec. 401. Failure to register a deportable offense.

Sec. 402. Barring convicted sex offenders from having family-based petitions approved.

TITLE V—CHILD PORNOGRAPHY PREVENTION

Sec. 501. Findings.

Sec. 502. Other record keeping requirements.

Sec. 503. Record keeping requirements for simulated sexual conduct.

Sec. 504. Prevention of distribution of child pornography used as evidence in prosecutions.

Sec. 505. Authorizing civil and criminal asset forfeiture in child exploitation and

obscenity cases.

Sec. 506. Prohibiting the production of obscenity as well as transportation, distribution, and sale.

Sec. 507. Guardians ad litem.

TITLE VI—GRANTS, STUDIES, AND PROGRAMS FOR CHILDREN AND

COMMUNITY SAFETY

Subtitle A—Mentoring Matches for Youth Act

Sec. 601. Short title.

Sec. 602. Findings.

Sec. 603. Grant program for expanding Big Brothers Big Sisters mentoring program.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 589

Sec. 604. Biannual report.

Sec. 605. Authorization of appropriations.

Subtitle B—National Police Athletic League Youth Enrichment Act

Sec. 611. Short title.

Sec. 612. Findings.

Sec. 613. Purpose.

Sec. 614. Grants authorized.

Sec. 615. Use of funds.

Sec. 616. Authorization of appropriations.

Sec. 617. Name of League.

Subtitle C—Grants, Studies, and Other Provisions

Sec. 621. Pilot program for monitoring sexual offenders.

Sec. 622. Treatment and management of sex offenders in the Bureau of Prisons.

Sec. 623. Sex offender apprehension grants; juvenile sex offender treatment grants.

Sec. 624. Assistance for prosecution of cases cleared through use of DNA backlog

clearance funds.

Sec. 625. Grants to combat sexual abuse of children.

Sec. 626. Crime prevention campaign grant.

Sec. 627. Grants for fingerprinting programs for children.

Sec. 628. Grants for Rape, Abuse & Incest National Network.

Sec. 629. Children’s safety online awareness campaigns.

Sec. 630. Grants for online child safety programs.

Sec. 631. Jessica Lunsford Address Verification Grant Program.

Sec. 632. Fugitive safe surrender.

Sec. 633. National registry of substantiated cases of child abuse.

Sec. 634. Comprehensive examination of sex offender issues.

Sec. 635. Annual report on enforcement of registration requirements.

Sec. 636. Government Accountability Office studies on feasibility of using driver’s

license registration processes as additional registration requirements for

sex offenders.

Sec. 637. Sex offender risk classification study.

Sec. 638. Study of the effectiveness of restricting the activities of sex offenders to

reduce the occurrence of repeat offenses.

Sec. 639. The justice for Crime Victims Family Act.

TITLE VII—INTERNET SAFETY ACT

Sec. 701. Child exploitation enterprises.

Sec. 702. Increased penalties for registered sex offenders.

Sec. 703. Deception by embedded words or images.

Sec. 704. Additional prosecutors for offenses relating to the sexual exploitation of

children.

Sec. 705. Additional computer-related resources.

Sec. 706. Additional ICAC Task Forces.

Sec. 707. Masha’s Law.

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

ABDUCTION AND MURDER.

(a) ADAM WALSH’S ABDUCTION AND MURDER.—On July 27, 1981,

in Hollywood, Florida, 6-year-old Adam Walsh was abducted at

a mall. Two weeks later, some of Adam’s remains were discovered

in a canal more than 100 miles from his home.

(b) JOHN AND REVE ́ WALSH’S COMMITMENT TO THE SAFETY

OF CHILDREN.—Since the abduction and murder of their son Adam,

both John and Reve ́ Walsh have dedicated themselves to protecting

children from child predators, preventing attacks on our children,

and bringing child predators to justice. Their commitment has

saved the lives of numerous children. Congress, and the American

people, honor John and Reve ́ Walsh for their dedication to the

well-being and safety of America’s children.

120 STAT. 590 PUBLIC LAW 109–248—JULY 27, 2006

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.

Molly Bish.

Elizabeth Smart.

Amanda Brown.

Carlie Brucia.

Jimmy Ryce.

Polly Klaas.

Alexandra Nicole

Zapp.

Christy Ann

Fornoff.

Amie Zyla.

Sarah Lunde.

Jessica Lunsford.

Dru Sjodin.

Pam Lychner.

Megan Nicole

Kanka.

Jacob Wetterling.

42 USC 16901.

42 USC 16901

note.

Sex Offender

Registration and

Notification Act.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 591

(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);

(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;

42 USC 16911.

42 USC 16902.

Samantha

Runnion.

120 STAT. 592 PUBLIC LAW 109–248—JULY 27, 2006

(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.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 593

(8) CONVICTED AS INCLUDING CERTAIN JUVENILE ADJUDICATIONS.—The term ‘‘convicted’’ or a variant thereof, used with

respect to a sex offense, includes adjudicated delinquent as

a juvenile for that offense, but only if the offender is 14 years

of age or older at the time of the offense and the offense

adjudicated was comparable to or more severe than aggravated

sexual abuse (as described in section 2241 of title 18, United

States Code), or was an attempt or conspiracy to commit such

an offense.

(9) SEX OFFENDER REGISTRY.—The term ‘‘sex offender registry’’ means a registry of sex offenders, and a notification

program, maintained by a jurisdiction.

(10) JURISDICTION.—The term ‘‘jurisdiction’’ means any of

the following:

(A) A State.

(B) The District of Columbia.

(C) The Commonwealth of Puerto Rico.

(D) Guam.

(E) American Samoa.

(F) The Northern Mariana Islands.

(G) The United States Virgin Islands.

(H) To the extent provided and subject to the requirements of section 127, a federally recognized Indian tribe.

(11) STUDENT.—The term ‘‘student’’ means an individual

who enrolls in or attends an educational institution, including

(whether public or private) a secondary school, trade or professional school, and institution of higher education.

(12) EMPLOYEE.—The term ‘‘employee’’ includes an individual who is self-employed or works for any other entity,

whether compensated or not.

(13) RESIDES.—The term ‘‘resides’’ means, with respect to

an individual, the location of the individual’s home or other

place where the individual habitually lives.

(14) MINOR.—The term ‘‘minor’’ means an individual who

has not attained the age of 18 years.

SEC. 112. 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

42 USC 16913.

42 USC 16912.

120 STAT. 594 PUBLIC LAW 109–248—JULY 27, 2006

(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.

42 USC 16914.

Applicability.

Regulations.

Deadline.

Deadline.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 595

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

42 USC 16917.

42 USC 16916.

42 USC 16915.

120 STAT. 596 PUBLIC LAW 109–248—JULY 27, 2006

(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.

42 USC 16919.

42 USC 16918.

Regulations.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 597

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 employmentrelated 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

Notification.

42 USC 16922.

42 USC 16921.

42 USC 16920.

120 STAT. 598 PUBLIC LAW 109–248—JULY 27, 2006

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

42 USC 16925.

42 USC 16924.

42 USC 16923.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 599

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.

(a) ELECTION.—

42 USC 16927.

Deadlines.

42 USC 16926.

120 STAT. 600 PUBLIC LAW 109–248—JULY 27, 2006

(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.

Establishment.

42 USC 16928.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 601

(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:

42 USC 16929.

42 USC 14071

note.

120 STAT. 602 PUBLIC LAW 109–248—JULY 27, 2006

‘‘CHAPTER 109B—SEX OFFENDER AND CRIMES AGAINST

CHILDREN REGISTRY

‘‘Sec.

‘‘2250. Failure to register.

‘‘§ 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.

28 USC 994 note.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 603

(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—

120 STAT. 604 PUBLIC LAW 109–248—JULY 27, 2006

(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.’’.

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

Deadline.

42 USC 16942.

42 USC 16941.

10 USC 951 note.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 605

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:

120 STAT. 606 PUBLIC LAW 109–248—JULY 27, 2006

(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

42 USC 16944.

42 USC 16943.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 607

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.

President.

42 USC 16945.

120 STAT. 608 PUBLIC LAW 109–248—JULY 27, 2006

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 OPTOUT.

(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:

42 USC 16961.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 609

‘‘(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

42 USC 671 note.

120 STAT. 610 PUBLIC LAW 109–248—JULY 27, 2006

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

Schools Safely

Acquiring

Faculty

Excellence Act

of 2006.

42 USC 16962.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 611

to those terms in section 9101 of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 7801).

(i) TECHNICAL CORRECTION.—Section 534 of title 28, United

States Code, is amended by redesignating the second subsection

(e) as subsection (f).

SEC. 154. MISSING CHILD REPORTING REQUIREMENTS.

(a) IN GENERAL.—Section 3702 of the Crime Control Act of

1990 (42 U.S.C. 5780) is amended—

(1) by redesignating paragraphs (2) and (3) as paragraphs

(3) and (4), respectively;

(2) by inserting after paragraph (1) the following:

‘‘(2) ensure that no law enforcement agency within the

State establishes or maintains any policy that requires the

removal of a missing person entry from its State law enforcement system or the National Crime Information Center computer database based solely on the age of the person; and’’;

and

(3) in paragraph (3), as redesignated, by striking ‘‘immediately’’ and inserting ‘‘within 2 hours of receipt’’.

(b) DEFINITIONS.—Section 403(1) of the Comprehensive Crime

Control Act of 1984 (42 U.S.C. 5772) is amended by striking ‘‘if’’

through subparagraph (B) and inserting a semicolon.

SEC. 155. DNA FINGERPRINTING.

The first sentence of section 3(a)(1)(A) of the DNA Analysis

Backlog Elimination Act of 2000 (42 U.S.C. 14135a(a)(1)(A)) is

amended by striking ‘‘arrested’’ and inserting ‘‘arrested, facing

charges, or convicted’’.

TITLE II—FEDERAL CRIMINAL LAW ENHANCEMENTS NEEDED TO PROTECT

CHILDREN FROM SEXUAL ATTACKS

AND OTHER VIOLENT CRIMES

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

Section 401 of the Controlled Substances Act (21 U.S.C. 841)

is amended by adding at the end the following:

‘‘(g) INTERNET SALES OF DATE RAPE DRUGS.—

‘‘(1) Whoever knowingly uses the Internet to distribute

a date rape drug to any person, knowing or with reasonable

cause to believe that—

‘‘(A) the drug would be used in the commission of

criminal sexual conduct; or

‘‘(B) the person is not an authorized purchaser;

shall be fined under this title or imprisoned not more than

20 years, or both.

‘‘(2) As used in this subsection:

‘‘(A) The term ‘date rape drug’ means—

‘‘(i) gamma hydroxybutyric acid (GHB) or any controlled substance analogue of GHB, including gamma

butyrolactone (GBL) or 1,4–butanediol;

‘‘(ii) ketamine;

‘‘(iii) flunitrazepam; or

120 STAT. 612 PUBLIC LAW 109–248—JULY 27, 2006

‘‘(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

Regulations.

Records.

Reports.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 613

if the circumstances satisfy any of subparagraphs (A) through

(D) of section 3591(a)(2) of this title;

‘‘(2) if the crime of violence is kidnapping (as defined in

section 1201) or maiming (as defined in section 114), be imprisoned for life or any term of years not less than 25; and

‘‘(3) if the crime of violence results in serious bodily injury

(as defined in section 1365), or if a dangerous weapon was

used during and in relation to the crime of violence, be imprisoned for life or for any term of years not less than 10.’’.

SEC. 203. PENALTIES FOR COERCION AND ENTICEMENT BY SEX

OFFENDERS.

Section 2422(b) of title 18, United States Code, is amended

by striking ‘‘not less than 5 years and not more than 30 years’’

and inserting ‘‘not less than 10 years or for life’’.

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

Section 2423(a) of title 18, United States Code, is amended

by striking ‘‘5 years and not more than 30 years’’ and inserting

‘‘10 years or for life’’.

SEC. 205. PENALTIES FOR SEXUAL ABUSE.

Section 2242 of title 18, United States Code, is amended by

striking ‘‘, imprisoned not more than 20 years, or both’’ and inserting

‘‘and imprisoned for any term of years or for life’’.

SEC. 206. INCREASED PENALTIES FOR SEXUAL OFFENSES AGAINST

CHILDREN.

(a) SEXUAL ABUSE AND CONTACT.—

(1) AGGRAVATED SEXUAL ABUSE OF CHILDREN.—Section

2241(c) of title 18, United States Code, is amended by striking

‘‘, imprisoned for any term of years or life, or both’’ and inserting

‘‘and imprisoned for not less than 30 years or for life’’.

(2) ABUSIVE SEXUAL CONTACT WITH CHILDREN.—Section

2244 of chapter 109A of title 18, United States Code, is

amended—

(A) in subsection (a)—

(i) in paragraph (1), by inserting ‘‘subsection (a)

or (b) of’’ before ‘‘section 2241’’;

(ii) by striking ‘‘or’’ at the end of paragraph (3);

(iii) by striking the period at the end of paragraph

(4) and inserting ‘‘; or’’; and

(iv) by inserting after paragraph (4) the following:

‘‘(5) subsection (c) of section 2241 of this title had the

sexual contact been a sexual act, shall be fined under this

title and imprisoned for any term of years or for life.’’; and

(B) in subsection (c), by inserting ‘‘(other than subsection (a)(5))’’ after ‘‘violates this section’’.

(3) SEXUAL ABUSE OF CHILDREN RESULTING IN DEATH.— Section 2245 of title 18, United States Code, is amended to

read as follows:

‘‘§ 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.’’.

120 STAT. 614 PUBLIC LAW 109–248—JULY 27, 2006

(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

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 615

18, United States Code, is amended by inserting ‘‘1591 (relating

to sex trafficking of children),’’ after ‘‘under section’’.

SEC. 207. SEXUAL ABUSE OF WARDS.

Chapter 109A of title 18, United States Code, is amended—

(1) in section 2243(b), by striking ‘‘five years’’ and inserting

‘‘15 years’’; and

(2) by inserting a comma after ‘‘Attorney General’’ each

place it appears.

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

Section 1591(b) of title 18, United States Code, is amended—

(1) in paragraph (1)—

(A) by striking ‘‘or imprisonment’’ and inserting ‘‘and

imprisonment’’;

(B) by inserting ‘‘not less than 15’’ after ‘‘any term

of years’’; and

(C) by striking ‘‘, or both’’; and

(2) in paragraph (2)—

(A) by striking ‘‘or imprisonment for not more than

40 years, or both’’ and inserting ‘‘and imprisonment for

not less than 10 years or for life’’; and

(B) by striking ‘‘, or both’’.

SEC. 209. CHILD ABUSE REPORTING.

Section 2258 of title 18, United States Code, is amended by

striking ‘‘guilty of a Class B misdemeanor’’ and inserting ‘‘fined

under this title or imprisoned not more than 1 year or both’’.

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

RELEASE.

(a) CONDITIONS OF PROBATION.—Section 3563(b) of title 18,

United States Code, is amended—

(1) in paragraph (21), by striking ‘‘or’’ ;

(2) in paragraph (22) by striking the period at the end

and inserting ‘‘or;’’ and

(3) by inserting after paragraph (22) the following:

‘‘(23) if required to register under the Sex Offender Registration and Notification Act, submit his person, and any property, house, residence, vehicle, papers, computer, other electronic communication or data storage devices or media, and

effects to search at any time, with or without a warrant, by

any law enforcement or probation officer with reasonable suspicion concerning a violation of a condition of probation or

unlawful conduct by the person, and by any probation officer

in the lawful discharge of the officer’s supervision functions.’’.

(b) SUPERVISED RELEASE.—Section 3583(d) of title 18, United

States Code, is amended by adding at the end the following: ‘‘The

court may order, as an explicit condition of supervised release

for a person who is a felon and required to register under the

Sex Offender Registration and Notification Act, that the person

submit his person, and any property, house, residence, vehicle,

papers, computer, other electronic communications or data storage

devices or media, and effects to search at any time, with or without

a warrant, by any law enforcement or probation officer with reasonable suspicion concerning a violation of a condition of supervised

18 USC

2241–2244.

120 STAT. 616 PUBLIC LAW 109–248—JULY 27, 2006

release or unlawful conduct by the person, and by any probation

officer in the lawful discharge of the officer’s supervision functions.’’.

SEC. 211. NO LIMITATION FOR PROSECUTION OF FELONY SEX

OFFENSES.

Chapter 213 of title 18, United States Code, is amended—

(1) by adding at the end the following:

‘‘§ 3299. Child abduction and sex offenses

‘‘Notwithstanding any other law, an indictment may be found

or an information instituted at any time without limitation for

any offense under section 1201 involving a minor victim, and for

any felony under chapter 109A, 110 (except for section 2257 and

2257A), or 117, or section 1591.’’; and

(2) by adding at the end of the table of sections at the

beginning of the chapter the following new item:

‘‘3299. Child abduction and sex offenses’’.

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

Section 3771(b) of title 18, United States Code, is amended—

(1) by striking ‘‘In any court proceeding’’ and inserting

the following:

‘‘(1) IN GENERAL.—In any court proceeding’’; and

(2) by adding at the end the following:

‘‘(2) HABEAS CORPUS PROCEEDINGS.— ‘‘(A) IN GENERAL.—In a Federal habeas corpus proceeding arising out of a State conviction, the court shall

ensure that a crime victim is afforded the rights described

in paragraphs (3), (4), (7), and (8) of subsection (a).

‘‘(B) ENFORCEMENT.—

‘‘(i) IN GENERAL.—These rights may be enforced

by the crime victim or the crime victim’s lawful representative in the manner described in paragraphs

(1) and (3) of subsection (d).

‘‘(ii) MULTIPLE VICTIMS.—In a case involving multiple victims, subsection (d)(2) shall also apply.

‘‘(C) LIMITATION.—This paragraph relates to the duties

of a court in relation to the rights of a crime victim in

Federal habeas corpus proceedings arising out of a State

conviction, and does not give rise to any obligation or

requirement applicable to personnel of any agency of the

Executive Branch of the Federal Government.

‘‘(D) DEFINITION.—For purposes of this paragraph, the

term ‘crime victim’ means the person against whom the

State offense is committed or, if that person is killed or

incapacitated, that person’s family member or other lawful

representative.’’.

SEC. 213. KIDNAPPING JURISDICTION.

Section 1201 of title 18, United States Code, is amended—

(1) in subsection (a)(1), by striking ‘‘if the person was

alive when the transportation began’’ and inserting ‘‘, or the

offender travels in interstate or foreign commerce or uses the

mail or any means, facility, or instrumentality of interstate

or foreign commerce in committing or in furtherance of the

commission of the offense’’; and

Applicability.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 617

(2) in subsection (b), by striking ‘‘to interstate’’ and

inserting ‘‘in interstate’’.

SEC. 214. MARITAL COMMUNICATION AND ADVERSE SPOUSAL PRIVILEGE.

The Committee on Rules, Practice, Procedure, and Evidence

of the Judicial Conference of the United States shall study the

necessity and desirability of amending the Federal Rules of Evidence to provide that the confidential marital communications privilege and the adverse spousal privilege shall be inapplicable in

any Federal proceeding in which a spouse is charged with a crime

against—

(1) a child of either spouse; or

(2) a child under the custody or control of either spouse.

SEC. 215. ABUSE AND NEGLECT OF INDIAN CHILDREN.

Section 1153(a) of title 18, United States Code, is amended

by inserting ‘‘felony child abuse or neglect,’’ after ‘‘years,’’.

SEC. 216. IMPROVEMENTS TO THE BAIL REFORM ACT TO ADDRESS

SEX CRIMES AND OTHER MATTERS.

Section 3142 of title 18, United States Code, is amended—

(1) in subsection (c)(1)(B), by inserting at the end the

following: ‘‘In any case that involves a minor victim under

section 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 2251A,

2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2),

2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425 of

this title, or a failure to register offense under section 2250

of this title, any release order shall contain, at a minimum,

a condition of electronic monitoring and each of the conditions

specified at subparagraphs (iv), (v), (vi), (vii), and (viii).’’.

(2) in subsection (f)(1)—

(A) in subparagraph (C), by striking ‘‘or’’ at the end;

and

(B) by adding at the end the following:

‘‘(E) any felony that is not otherwise a crime of violence

that involves a minor victim or that involves the possession

or use of a firearm or destructive device (as those terms

are defined in section 921), or any other dangerous weapon,

or involves a failure to register under section 2250 of title

18, United States Code; or’’; and

(3) in subsection (g), by striking paragraph (1) and inserting

the following:

‘‘(1) the nature and circumstances of the offense charged,

including whether the offense is a crime of violence, a Federal

crime of terrorism, or involves a minor victim or a controlled

substance, firearm, explosive, or destructive device;’’.

TITLE III—CIVIL COMMITMENT OF

DANGEROUS SEX OFFENDERS

SEC. 301. JIMMY RYCE STATE CIVIL COMMITMENT PROGRAMS FOR

SEXUALLY DANGEROUS PERSONS.

(a) GRANTS AUTHORIZED.—Except as provided in subsection

(b), the Attorney General shall make grants to jurisdictions for

42 USC 16971.

120 STAT. 618 PUBLIC LAW 109–248—JULY 27, 2006

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.

Expiration date.

Extension.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 619

(3) The term ‘‘jurisdiction’’ has the meaning given such

term in section 111.

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $10,000,000 for each

of fiscal years 2007 through 2010.

SEC. 302. JIMMY RYCE CIVIL COMMITMENT PROGRAM.

Chapter 313 of title 18, United States Code, is amended—

(1) in the chapter analysis—

(A) in the item relating to section 4241, by inserting

‘‘or to undergo postrelease proceedings’’ after ‘‘trial’’; and

(B) by inserting at the end the following:

‘‘4248. Civil commitment of a sexually dangerous person’’;

(2) in section 4241—

(A) in the heading, by inserting or ‘‘TO UNDERGO

POSTRELEASE PROCEEDINGS’’ after ‘‘TRIAL’’;

(B) in the first sentence of subsection (a), by inserting

‘‘or at any time after the commencement of probation or

supervised release and prior to the completion of the sentence,’’ after ‘‘defendant,’’;

(C) in subsection (d)—

(i) by striking ‘‘trial to proceed’’ each place it

appears and inserting ‘‘proceedings to go forward’’; and

(ii) by striking ‘‘section 4246’’ and inserting ‘‘sections 4246 and 4248’’; and

(D) in subsection (e)—

(i) by inserting ‘‘or other proceedings’’ after ‘‘trial’’;

and

(ii) by striking ‘‘chapter 207’’ and inserting ‘‘chapters 207 and 227’’;

(3) in section 4247—

(A) by striking ‘‘, or 4246’’ each place it appears and

inserting ‘‘, 4246, or 4248’’;

(B) in subsections (g) and (i), by striking ‘‘4243 or

4246’’ each place it appears and inserting ‘‘4243, 4246,

or 4248’’;

(C) in subsection (a)—

(i) by amending subparagraph (1)(C) to read as

follows:

‘‘(C) drug, alcohol, and sex offender treatment programs, and other treatment programs that will assist the

individual in overcoming a psychological or physical

dependence or any condition that makes the individual

dangerous to others; and’’;

(ii) in paragraph (2), by striking ‘‘and’’ at the end;

(iii) in paragraph (3), by striking the period at

the end and inserting a semicolon; and

(iv) by inserting at the end the following:

‘‘(4) ‘bodily injury’ includes sexual abuse;

‘‘(5) ‘sexually dangerous person’ means a person who has

engaged or attempted to engage in sexually violent conduct

or child molestation and who is sexually dangerous to others;

and

‘‘(6) ‘sexually dangerous to others’ with respect a person,

means that the person suffers from a serious mental illness,

abnormality, or disorder as a result of which he would have

120 STAT. 620 PUBLIC LAW 109–248—JULY 27, 2006

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:

‘‘§ 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

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 621

‘‘(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

Courts.

Notification.

120 STAT. 622 PUBLIC LAW 109–248—JULY 27, 2006

not related to the mental condition of the person, is a sexually

dangerous person, the Attorney General shall release the person

to the appropriate official of the State in which the person is

domiciled or was tried for the purpose of institution of State proceedings for civil commitment. If neither such State will assume

such responsibility, the Attorney General shall release the person

upon receipt of notice from the State that it will not assume such

responsibility, but not later than 10 days after certification by

the director of the facility.’’.

TITLE IV—IMMIGRATION LAW REFORMS

TO PREVENT SEX OFFENDERS FROM

ABUSING CHILDREN

SEC. 401. FAILURE TO REGISTER A DEPORTABLE OFFENSE.

Section 237(a)(2)(A) of the Immigration and Nationality Act

(8 U.S.C. 1227(a)(2)(A)) is amended—

(1) by redesignating clause (v) as clause (vi); and

(2) by inserting after clause (iv) the following new clause:

‘‘(v) FAILURE TO REGISTER AS A SEX OFFENDER.— Any alien who is convicted under section 2250 of title

18, United States Code, is deportable.’’.

SEC. 402. BARRING CONVICTED SEX OFFENDERS FROM HAVING

FAMILY-BASED PETITIONS APPROVED.

(a) IMMIGRANT FAMILY MEMBERS.—Section 204(a)(1) of the

Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), is amended—

(1) in subparagraph (A)(i), by striking ‘‘Any’’ and inserting

‘‘Except as provided in clause (viii), any’’;

(2) in subparagraph (A), by inserting after clause (vii) the

following:

‘‘(viii)(I) Clause (i) shall not apply to a citizen

of the United States who has been convicted of a specified offense against a minor, unless the Secretary of

Homeland Security, in the Secretary’s sole and

unreviewable discretion, determines that the citizen

poses no risk to the alien with respect to whom a

petition described in clause (i) is filed.

‘‘(II) For purposes of subclause (I), the term ‘specified offense against a minor’ is defined as in section

111 of the Adam Walsh Child Protection and Safety

Act of 2006.’’; and

(3) in subparagraph (B)(i)—

(A) by striking ‘‘(B)(i) Any alien’’ and inserting the

following: ‘‘(B)(i)(I) Except as provided in subclause (II),

any alien’’; and

(B) by adding at the end the following:

‘‘(I) Subclause (I) shall not apply in the case

of an alien lawfully admitted for permanent residence who has been convicted of a specified offense

against a minor (as defined in subparagraph

(A)(viii)(II)), unless the Secretary of Homeland

Security, in the Secretary’s sole and unreviewable

discretion, determines that such person poses no

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 623

risk to the alien with respect to whom a petition

described in subclause (I) is filed.’’.

(b) NONIMMIGRANTS.—Section 101(a)(15)(K) (8 U.S.C.

1101(a)(15)(K)), is amended by inserting ‘‘(other than a citizen

described in section 204(a)(1)(A)(viii)(I))’’ after ‘‘citizen of the United

States’’ each place that phrase appears.

TITLE V—CHILD PORNOGRAPHY

PREVENTION

SEC. 501. FINDINGS.

Congress makes the following findings:

(1) The effect of the intrastate production, transportation,

distribution, receipt, advertising, and possession of child

pornography on the interstate market in child pornography:

(A) The illegal production, transportation, distribution,

receipt, advertising and possession of child pornography,

as defined in section 2256(8) of title 18, United States

Code, as well as the transfer of custody of children for

the production of child pornography, is harmful to the

physiological, emotional, and mental health of the children

depicted in child pornography and has a substantial and

detrimental effect on society as a whole.

(B) A substantial interstate market in child pornography exists, including not only a multimillion dollar

industry, but also a nationwide network of individuals

openly advertising their desire to exploit children and to

traffic in child pornography. Many of these individuals

distribute child pornography with the expectation of

receiving other child pornography in return.

(C) The interstate market in child pornography is carried on to a substantial extent through the mails and

other instrumentalities of interstate and foreign commerce,

such as the Internet. The advent of the Internet has greatly

increased the ease of transporting, distributing, receiving,

and advertising child pornography in interstate commerce.

The advent of digital cameras and digital video cameras,

as well as videotape cameras, has greatly increased the

ease of producing child pornography. The advent of

inexpensive computer equipment with the capacity to store

large numbers of digital images of child pornography has

greatly increased the ease of possessing child pornography.

Taken together, these technological advances have had the

unfortunate result of greatly increasing the interstate

market in child pornography.

(D) Intrastate incidents of production, transportation,

distribution, receipt, advertising, and possession of child

pornography, as well as the transfer of custody of children

for the production of child pornography, have a substantial

and direct effect upon interstate commerce because:

(i) Some persons engaged in the production,

transportation, distribution, receipt, advertising, and

possession of child pornography conduct such activities

entirely within the boundaries of one state. These persons are unlikely to be content with the amount of

child pornography they produce, transport, distribute,

18 USC 2251

note.

120 STAT. 624 PUBLIC LAW 109–248—JULY 27, 2006

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.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 625

SEC. 502. OTHER RECORD KEEPING REQUIREMENTS.

(a) IN GENERAL.—Section 2257 of title 18, United States Code,

is amended—

(1) in subsection (a), by inserting after ‘‘videotape,’’ the

following: ‘‘digital image, digitally- or computer-manipulated

image of an actual human being, picture,’’;

(2) in subsection (e)(1), by adding at the end the following:

‘‘In this paragraph, the term ‘copy’ includes every page of

a website on which matter described in subsection (a) appears.’’;

(3) in subsection (f), by—

(A) in paragraph (3), by striking ‘‘and’’ after the semicolon;

(B) in paragraph (4), by striking the period and

inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(5) for any person to whom subsection (a) applies to refuse

to permit the Attorney General or his or her designee to conduct

an inspection under subsection (c).’’; and

(4) by striking subsection (h) and inserting the following:

‘‘(h) In this section—

‘‘(1) the term ‘actual sexually explicit conduct’ means actual

but not simulated conduct as defined in clauses (i) through

(v) of section 2256(2)(A) of this title;

‘‘(2) the term ‘produces’—

‘‘(A) means—

‘‘(i) actually filming, videotaping, photographing,

creating a picture, digital image, or digitally- or computer-manipulated image of an actual human being;

‘‘(ii) digitizing an image, of a visual depiction of

sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or

reissuing a book, magazine, periodical, film, videotape,

digital image, or picture, or other matter intended

for commercial distribution, that contains a visual

depiction of sexually explicit conduct; or

‘‘(iii) inserting on a computer site or service a

digital image of, or otherwise managing the sexually

explicit content, of a computer site or service that

contains a visual depiction of, sexually explicit conduct;

and

‘‘(B) does not include activities that are limited to—

‘‘(i) photo or film processing, including digitization

of previously existing visual depictions, as part of a

commercial enterprise, with no other commercial

interest in the sexually explicit material, printing, and

video duplication;

‘‘(ii) distribution;

‘‘(iii) any activity, other than those activities identified in subparagraph (A), that does not involve the

hiring, contracting for, managing, or otherwise

arranging for the participation of the depicted performers;

‘‘(iv) the provision of a telecommunications service,

or of an Internet access service or Internet information

location tool (as those terms are defined in section

231 of the Communications Act of 1934 (47 U.S.C.

231)); or

120 STAT. 626 PUBLIC LAW 109–248—JULY 27, 2006

‘‘(v) the transmission, storage, retrieval, hosting,

formatting, or translation (or any combination thereof)

of a communication, without selection or alteration

of the content of the communication, except that deletion of a particular communication or material made

by another person in a manner consistent with section

230(c) of the Communications Act of 1934 (47 U.S.C.

230(c)) shall not constitute such selection or alteration

of the content of the communication; and

‘‘(3) the term ‘performer’ includes any person portrayed

in a visual depiction engaging in, or assisting another person

to engage in, sexually explicit conduct.’’.

(b) CONSTRUCTION.—The provisions of section 2257 shall not

apply to any depiction of actual sexually explicit conduct as

described in clause (v) of section 2256(2)(A) of title 18, United

States Code, produced in whole or in part, prior to the effective

date of this section unless that depiction also includes actual sexually explicit conduct as described in clauses (i) through (iv) of

section 2256(2)(A) of title 18, United States Code.

SEC. 503. RECORD KEEPING REQUIREMENTS FOR SIMULATED SEXUAL

CONDUCT.

(a) IN GENERAL.—Chapter 110 of title 18, United States Code,

is amended by inserting after section 2257 the following:

‘‘SEC. 2257A. RECORD KEEPING REQUIREMENTS FOR SIMULATED

SEXUAL CONDUCT.

‘‘(a) Whoever produces any book, magazine, periodical, film,

videotape, digital image, digitally- or computer-manipulated image

of an actual human being, picture, or other matter that—

‘‘(1) contains 1 or more visual depictions of simulated sexually explicit conduct; and

‘‘(2) is produced in whole or in part with materials which

have been mailed or shipped in interstate or foreign commerce,

or is shipped or transported or is intended for shipment or

transportation in interstate or foreign commerce;

shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.

‘‘(b) Any person to whom subsection (a) applies shall, with

respect to every performer portrayed in a visual depiction of simulated sexually explicit conduct—

‘‘(1) ascertain, by examination of an identification document

containing such information, the performer’s name and date

of birth, and require the performer to provide such other indicia

of his or her identity as may be prescribed by regulations;

‘‘(2) ascertain any name, other than the performer’s present

and correct name, ever used by the performer including maiden

name, alias, nickname, stage, or professional name; and

‘‘(3) record in the records required by subsection (a) the

information required by paragraphs (1) and (2) and such other

identifying information as may be prescribed by regulation.

‘‘(c) Any person to whom subsection (a) applies shall maintain

the records required by this section at their business premises,

or at such other place as the Attorney General may by regulation

prescribe and shall make such records available to the Attorney

General for inspection at all reasonable times.

‘‘(d)(1) No information or evidence obtained from records

required to be created or maintained by this section shall, except

18 USC 2257

note.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 627

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

Regulations.

120 STAT. 628 PUBLIC LAW 109–248—JULY 27, 2006

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

Effective date.

Federal Register,

publication.

Penalties.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 629

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.’’.

SEC. 504. PREVENTION OF DISTRIBUTION OF CHILD PORNOGRAPHY

USED AS EVIDENCE IN PROSECUTIONS.

Section 3509 of title 18, United States Code, is amended by

adding at the end the following:

‘‘(m) PROHIBITION ON REPRODUCTION OF CHILD PORNOGRAPHY.— ‘‘(1) In any criminal proceeding, any property or material

that constitutes child pornography (as defined by section 2256

of this title) shall remain in the care, custody, and control

of either the Government or the court.

‘‘(2)(A) Notwithstanding Rule 16 of the Federal Rules of

Criminal Procedure, a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph,

duplicate, or otherwise reproduce any property or material that

constitutes child pornography (as defined by section 2256 of

this title), so long as the Government makes the property

or material reasonably available to the defendant.

‘‘(B) For the purposes of subparagraph (A), property or

material shall be deemed to be reasonably available to the

defendant if the Government provides ample opportunity for

inspection, viewing, and examination at a Government facility

of the property or material by the defendant, his or her

attorney, and any individual the defendant may seek to qualify

to furnish expert testimony at trial.’’.

SEC. 505. AUTHORIZING CIVIL AND CRIMINAL ASSET FORFEITURE IN

CHILD EXPLOITATION AND OBSCENITY CASES.

(a) CONFORMING FORFEITURE PROCEDURES FOR OBSCENITY

OFFENSES.—Section 1467 of title 18, United States Code, is

amended—

(1) in subsection (a)(3), by inserting a period after ‘‘of

such offense’’ and striking all that follows; and

Deadline.

Reports.

120 STAT. 630 PUBLIC LAW 109–248—JULY 27, 2006

(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:

‘‘§ 2254. Civil forfeiture

‘‘Any property subject to forfeiture pursuant to section 2253

may be forfeited to the United States in a civil case in accordance

with the procedures set forth in chapter 46.’’.

SEC. 506. PROHIBITING THE PRODUCTION OF OBSCENITY AS WELL

AS TRANSPORTATION, DISTRIBUTION, AND SALE.

(a) SECTION 1465.—Section 1465 of title 18 of the United States

Code is amended—

(1) by inserting ‘‘PRODUCTION AND’’ before ‘‘TRANSPORTATION’’ in the heading of the section;

(2) by inserting ‘‘produces with the intent to transport,

distribute, or transmit in interstate or foreign commerce, or

whoever knowingly’’ after ‘‘whoever knowingly’’ and before

‘‘transports or travels in’’; and

(3) by inserting a comma after ‘‘in or affecting such commerce’’.

(b) SECTION 1466.—Section 1466 of title 18 of the United States

Code is amended—

(1) in subsection (a), by inserting ‘‘producing with intent

to distribute or sell, or’’ before ‘‘selling or transferring obscene

matter,’’;

(2) in subsection (b), by inserting, ‘‘produces’’ before ‘‘sells

or transfers or offers to sell or transfer obscene matter’’; and

Applicability.

Applicability.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 631

(3) in subsection (b) by inserting ‘‘production,’’ before

‘‘selling or transferring or offering to sell or transfer such

material.’’.

SEC. 507. GUARDIANS AD LITEM.

Section 3509(h)(1) of title 18, United States Code, is amended

by inserting ‘‘, and provide reasonable compensation and payment

of expenses for,’’ before ‘‘a guardian’’.

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

Subtitle A—Mentoring Matches for Youth

Act

SEC. 601. SHORT TITLE.

This subtitle may be cited as the ‘‘Mentoring Matches for Youth

Act of 2006’’.

SEC. 602. FINDINGS.

Congress finds the following:

(1) Big Brothers Big Sisters of America, which was founded

in 1904 and chartered by Congress in 1958, is the oldest and

largest mentoring organization in the United States.

(2) There are over 450 Big Brothers Big Sisters of America

local agencies providing mentoring programs for at-risk children

in over 5,000 communities throughout every State, Guam, and

Puerto Rico.

(3) Over the last decade, Big Brothers Big Sisters of

America has raised a minimum of 75 percent of its annual

operating budget from private sources and is continually

working to grow private sources of funding to maintain this

ratio of private to Federal funds.

(4) In 2005, Big Brothers Big Sisters of America provided

mentors for over 235,000 children.

(5) Big Brothers Big Sisters of America has a goal to

provide mentors for 1,000,000 children per year.

SEC. 603. GRANT PROGRAM FOR EXPANDING BIG BROTHERS BIG SISTERS MENTORING PROGRAM.

In each of fiscal years 2007 through 2012, the Administrator

of the Office of Juvenile Justice and Delinquency Prevention (hereafter in this Act referred to as the ‘‘Administrator’’) may make

grants to Big Brothers Big Sisters of America to use for expanding

the capacity of and carrying out the Big Brothers Big Sisters mentoring programs for at-risk youth.

SEC. 604. BIANNUAL REPORT.

(a) IN GENERAL.—Big Brothers Big Sisters of America shall

submit 2 reports to the Administrator in each of fiscal years 2007

through 2013. Big Brothers Big Sisters of America shall submit

the first report in a fiscal year not later than April 1 of that

fiscal year and the second report in a fiscal year not later than

September 30 of that fiscal year.

42 USC 5611

note.

42 USC 5611

note.

42 USC 5611

note.

42 USC 5611

note.

Mentoring

Matches for

Youth Act

of 2006.

120 STAT. 632 PUBLIC LAW 109–248—JULY 27, 2006

(b) REQUIRED CONTENT.—Each such report shall include the

following:

(1) A detailed statement of the progress made by Big

Brothers Big Sisters of America in expanding the capacity

of and carrying out mentoring programs for at-risk youth.

(2) A detailed statement of how the amounts received under

this Act have been used.

(3) A detailed assessment of the effectiveness of the mentoring programs.

(4) Recommendations for continued grants and the appropriate amounts for such grants.

SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this Act— (1) $9,000,000 for fiscal year 2007;

(2) $10,000,000 for fiscal year 2008;

(3) $11,500,000 for fiscal year 2009;

(4) $13,000,000 for fiscal year 2010; and

(5) $15,000,000 for fiscal year 2011.

Subtitle B—National Police Athletic

League Youth Enrichment Act

SEC. 611. SHORT TITLE.

This subtitle may be cited as the ‘‘National Police Athletic

League Youth Enrichment Reauthorization Act of 2006’’.

SEC. 612. FINDINGS.

Section 2 of the National Police Athletic League Youth Enrichment Act of 2000 (42 U.S.C. 13751 note) is amended—

(1) in paragraph (1)—

(A) by redesignating subparagraphs (C) through (G)

as subparagraphs (D) through (H), respectively; and

(B) by inserting after subparagraph (B) the following:

‘‘(C) develop life enhancing character and leadership

skills in young people;’’;

(2) in paragraph (2) by striking ‘‘55-year’’ and inserting

‘‘90-year’’;

(3) in paragraph (3)—

(A) by striking ‘‘320 PAL chapters’’ and inserting ‘‘350

PAL chapters’’; and

(B) by striking ‘‘1,500,000 youth’’ and inserting

‘‘2,000,000 youth’’;

(4) in paragraph (4), by striking ‘‘82 percent’’ and inserting

‘‘85 percent’’;

(5) in paragraph (5), in the second sentence, by striking

‘‘receive no’’ and inserting ‘‘rarely receive’’;

(6) in paragraph (6), by striking ‘‘17 are at risk’’ and

inserting ‘‘18 are at risk’’; and

(7) in paragraph (7), by striking ‘‘1999’’ and inserting

‘‘2005’’.

SEC. 613. PURPOSE.

Section 3 of the National Police Athletic League Youth Enrichment Act of 2000 (42 U.S.C. 13751 note) is amended—

(1) in paragraph (1)—

National Police

Athletic League

Youth

Enrichment

Reauthorization

Act of 2006.

42 USC 13701

note.

42 USC 5611

note.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 633

(A) by striking ‘‘320 established PAL chapters’’ and

inserting ‘‘342 established PAL chapters’’; and

(B) by striking ‘‘and’’ at the end;

(2) in paragraph (2), by striking ‘‘2006.’’ and inserting

‘‘2010; and’’; and

(3) by adding at the end the following:

‘‘(3) support of an annual gathering of PAL chapters and

designated youth leaders from such chapters to participate

in a 3-day conference that addresses national and local issues

impacting the youth of America and includes educational sessions to advance character and leadership skills.’’.

SEC. 614. GRANTS AUTHORIZED.

Section 5 of the National Police Athletic League Youth Enrichment Act of 2000 (42 U.S.C. 13751 note) is amended—

(1) in subsection (a), by striking ‘‘2001 through 2005’’ and

inserting ‘‘2006 through 2010’’; and

(2) in subsection (b)(1)(B), by striking ‘‘not less than 570

PAL chapters in operation before January 1, 2004’’ and

inserting ‘‘not fewer than 500 PAL chapters in operation before

January 1, 2010’’.

SEC. 615. USE OF FUNDS.

Section 6(a)(2) of the National Police Athletic League Youth

Enrichment Act of 2000 (42 U.S.C. 13751 note) is amended—

(1) in the matter preceding subparagraph (A), by striking

‘‘four’’ and inserting ‘‘two’’; and

(2) in subparagraph (A)—

(A) in the matter preceding clause (i), by striking ‘‘two

programs’’ and inserting ‘‘one program’’;

(B) in clause (iii), by striking ‘‘or’’;

(C) in clause (iv), by striking ‘‘and’’ and inserting ‘‘or’’;

and

(D) by inserting after clause (iv) the following:

‘‘(v) character development and leadership

training; and’’.

SEC. 616. AUTHORIZATION OF APPROPRIATIONS.

Section 8(a) of the National Police Athletic League Youth

Enrichment Act of 2000 (42 U.S.C. 13751 note) is amended by

striking ‘‘2001 through 2005’’ and inserting ‘‘2006 through 2010’’.

SEC. 617. NAME OF LEAGUE.

(a) DEFINITIONS.—Section 4(4) of the National Police Athletic

League Youth Enrichment Act of 2000 (42 U.S.C. 13751 note)

is amended in the paragraph heading, by striking ‘‘Athletic’’ and

inserting ‘‘Athletic/activities’’.

(b) TEXT.—The National Police Athletic League Youth Enrichment Act of 2000 (42 U.S.C. 13751 note) is amended by striking

‘‘Police Athletic League’’ each place such term appears and inserting

‘‘Police Athletic/Activities League’’.

Subtitle C—Grants, Studies, and Other

Provisions

SEC. 621. PILOT PROGRAM FOR MONITORING SEXUAL OFFENDERS.

(a) SEX OFFENDER MONITORING PROGRAM.—

42 USC 16981.

120 STAT. 634 PUBLIC LAW 109–248—JULY 27, 2006

(1) GRANTS AUTHORIZED.— (A) IN GENERAL.—The Attorney General is authorized

to award grants (referred to as ‘‘Jessica Lunsford and Sarah

Lunde Grants’’) to States, local governments, and Indian

tribal governments to assist in—

(i) carrying out programs to outfit sex offenders

with electronic monitoring units; and

(ii) the employment of law enforcement officials

necessary to carry out such programs.

(B) DURATION.—The Attorney General shall award

grants under this section for a period not to exceed 3

years.

(C) MINIMUM STANDARDS.—The electronic monitoring

units used in the pilot program shall at a minimum—

(i) provide a single-unit tracking device for each

offender that—

(I) contains a central processing unit with

global positioning system and cellular technology

in a single unit; and

(II) provides two- and three-way voice communication; and

(ii) permit active, real-time, and continuous monitoring of offenders 24 hours a day.

(2) APPLICATION.—

(A) IN GENERAL.—Each State, local government, or

Indian tribal government desiring a grant under this section shall submit an application to the Attorney General

at such time, in such manner, and accompanied by such

information as the Attorney General may reasonably

require.

(B) CONTENTS.—Each application submitted pursuant

to subparagraph (A) shall—

(i) describe the activities for which assistance

under this section is sought; and

(ii) provide such additional assurances as the

Attorney General determines to be essential to ensure

compliance with the requirements of this section.

(b) INNOVATION.—In making grants under this section, the

Attorney General shall ensure that different approaches to monitoring are funded to allow an assessment of effectiveness.

(c) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There are authorized to be appropriated

$5,000,000 for each of the fiscal years 2007 through 2009 to

carry out this section.

(2) REPORT.—Not later than September 1, 2010, the

Attorney General shall report to Congress—

(A) assessing the effectiveness and value of this section;

(B) comparing the cost effectiveness of the electronic

monitoring to reduce sex offenses compared to other alternatives; and

(C) making recommendations for continuing funding

and the appropriate levels for such funding.

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

BUREAU OF PRISONS.

Section 3621 of title 18, United States Code, is amended by

adding at the end the following new subsection:

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 635

‘‘(f) SEX OFFENDER MANAGEMENT.— ‘‘(1) IN GENERAL.—The Bureau of Prisons shall make available appropriate treatment to sex offenders who are in need

of and suitable for treatment, as follows:

‘‘(A) SEX OFFENDER MANAGEMENT PROGRAMS.—The

Bureau of Prisons shall establish non-residential sex

offender management programs to provide appropriate

treatment, monitoring, and supervision of sex offenders

and to provide aftercare during pre-release custody.

‘‘(B) RESIDENTIAL SEX OFFENDER TREATMENT PRO- GRAMS.—The Bureau of Prisons shall establish residential

sex offender treatment programs to provide treatment to

sex offenders who volunteer for such programs and are

deemed by the Bureau of Prisons to be in need of and

suitable for residential treatment.

‘‘(2) REGIONS.—At least 1 sex offender management program under paragraph (1)(A), and at least one residential sex

offender treatment program under paragraph (1)(B), shall be

established in each region within the Bureau of Prisons.

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated to the Bureau of Prisons for

each fiscal year such sums as may be necessary to carry out

this subsection.’’.

SEC. 623. SEX OFFENDER APPREHENSION GRANTS; JUVENILE SEX

OFFENDER TREATMENT GRANTS.

Title I of the Omnibus Crime Control and Safe Streets Act

of 1968 is amended by adding at the end the following new part:

‘‘PART X—SEX OFFENDER APPREHENSION

GRANTS; JUVENILE SEX OFFENDER TREATMENT GRANTS

‘‘SEC. 3011. SEX OFFENDER APPREHENSION GRANTS.

‘‘(a) AUTHORITY TO MAKE SEX OFFENDER APPREHENSION

GRANTS.—

‘‘(1) IN GENERAL.—From amounts made available to carry

out this part, the Attorney General may make grants to States,

units of local government, Indian tribal governments, other

public and private entities, and multi-jurisdictional or regional

consortia thereof for activities specified in paragraph (2).

‘‘(2) COVERED ACTIVITIES.—An activity referred to in paragraph (1) is any program, project, or other activity to assist

a State in enforcing sex offender registration requirements.

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary for fiscal years

2007 through 2009 to carry out this part.

‘‘SEC. 3012. JUVENILE SEX OFFENDER TREATMENT GRANTS.

‘‘(a) AUTHORITY To MAKE JUVENILE SEX OFFENDER TREATMENT

GRANTS.—

‘‘(1) IN GENERAL.—From amounts made available to carry

out this part, the Attorney General may make grants to units

of local government, Indian tribal governments, correctional

facilities, other public and private entities, and multijurisdictional or regional consortia thereof for activities specified

in paragraph (2).

42 USC

3797ee–1.

42 USC 3797ee.

120 STAT. 636 PUBLIC LAW 109–248—JULY 27, 2006

‘‘(2) COVERED ACTIVITIES.—An activity referred to in paragraph (1) is any program, project, or other activity to assist

in the treatment of juvenile sex offenders.

‘‘(b) JUVENILE SEX OFFENDER DEFINED.—For purposes of this

section, the term ‘juvenile sex offender’ is a sex offender who had

not attained the age of 18 years at the time of his or her offense.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $10,000,000 for each of fiscal years 2007 through

2009 to carry out this part.’’.

SEC. 624. ASSISTANCE FOR PROSECUTION OF CASES CLEARED

THROUGH USE OF DNA BACKLOG CLEARANCE FUNDS.

(a) IN GENERAL.—The Attorney General may make grants to

train and employ personnel to help prosecute cases cleared through

use of funds provided for DNA backlog elimination.

(b) AUTHORIZATION.—There are authorized to be appropriated

such sums as may be necessary for each of fiscal years 2007 through

2011 to carry out this section.

SEC. 625. GRANTS TO COMBAT SEXUAL ABUSE OF CHILDREN.

(a) IN GENERAL.—The Bureau of Justice Assistance is authorized to make grants under this section—

(1) to any law enforcement agency that serves a jurisdiction

with 50,000 or more residents; and

(2) to any law enforcement agency that serves a jurisdiction

with fewer than 50,000 residents, upon a showing of need.

(b) USE OF GRANT AMOUNTS.—Grants under this section may

be used by the law enforcement agency to—

(1) hire additional law enforcement personnel or train

existing staff to combat the sexual abuse of children through

community education and outreach, investigation of complaints,

enforcement of laws relating to sex offender registries, and

management of released sex offenders;

(2) investigate the use of the Internet to facilitate the

sexual abuse of children; and

(3) purchase computer hardware and software necessary

to investigate sexual abuse of children over the Internet, access

local, State, and Federal databases needed to apprehend sex

offenders, and facilitate the creation and enforcement of sex

offender registries.

(c) CRITERIA.—The Attorney General shall give priority to law

enforcement agencies making a showing of need.

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary for fiscal years

2007 through 2009 to carry out this section.

SEC. 626. CRIME PREVENTION CAMPAIGN GRANT.

Subpart 2 of part E of title I of the Omnibus Crime Control

and Safe Street Act of 1968 is amended by adding at the end

the following new chapter:

‘‘CHAPTER 4—GRANTS TO PRIVATE ENTITIES

‘‘SEC. 519. CRIME PREVENTION CAMPAIGN GRANT.

‘‘(a) GRANT AUTHORIZATION.—The Attorney General may provide a grant to a national private, nonprofit organization that

has expertise in promoting crime prevention through public outreach and media campaigns in coordination with law enforcement

42 USC 3765.

42 USC 16983.

42 USC 16982.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 637

agencies and other local government officials, and representatives

of community public interest organizations, including schools and

youth-serving organizations, faith-based, and victims’ organizations

and employers.

‘‘(b) APPLICATION.—To request a grant under this section, an

organization described in subsection (a) shall submit an application

to the Attorney General in such form and containing such information as the Attorney General may require.

‘‘(c) USE OF FUNDS.—An organization that receives a grant

under this section shall—

‘‘(1) create and promote national public communications

campaigns;

‘‘(2) develop and distribute publications and other educational materials that promote crime prevention;

‘‘(3) design and maintain web sites and related web-based

materials and tools;

‘‘(4) design and deliver training for law enforcement personnel, community leaders, and other partners in public safety

and hometown security initiatives;

‘‘(5) design and deliver technical assistance to States, local

jurisdictions, and crime prevention practitioners and associations;

‘‘(6) coordinate a coalition of Federal, national, and statewide organizations and communities supporting crime prevention;

‘‘(7) design, deliver, and assess demonstration programs;

‘‘(8) operate McGruff-related programs, including McGruff

Club;

‘‘(9) operate the Teens, Crime, and Community Program;

and

‘‘(10) evaluate crime prevention programs and trends.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section—

‘‘(1) for fiscal year 2007, $7,000,000;

‘‘(2) for fiscal year 2008, $8,000,000;

‘‘(3) for fiscal year 2009, $9,000,000; and

‘‘(4) for fiscal year 2010, $10,000,000.’’.

SEC. 627. GRANTS FOR FINGERPRINTING PROGRAMS FOR CHILDREN.

(a) IN GENERAL.—The Attorney General shall establish and

implement a program under which the Attorney General may make

grants to States, units of local government, and Indian tribal

governments in accordance with this section.

(b) USE OF GRANT AMOUNTS.—A grant made to a State, unit

of local government, or Indian tribal government under subsection

(a) shall be distributed to law enforcement agencies within the

jurisdiction of such State, unit, or tribal government to be used

for any of the following activities:

(1) To establish a voluntary fingerprinting program for

children, which may include the taking of palm prints of children.

(2) To hire additional law enforcement personnel, or train

existing law enforcement personnel, to take fingerprints of children.

(3) To provide information within the community involved

about the existence of such a fingerprinting program.

42 USC 16984.

120 STAT. 638 PUBLIC LAW 109–248—JULY 27, 2006

(4) To provide for computer hardware, computer software,

or other materials necessary to carry out such a fingerprinting

program.

(c) LIMITATION.—Fingerprints of a child derived from a program

funded under this section—

(1) may be released only to a parent or guardian of the

child; and

(2) may not be copied or retained by any Federal, State,

local, or tribal law enforcement officer unless written permission is given by the parent or guardian.

(d) CRIMINAL PENALTY.—Any person who uses the fingerprints

of a child derived from a program funded under this section for

any purpose other than the purpose described in subsection (c)(1)

shall be subject to imprisonment for not more than 1 year, a

fine under title 18, United States Code, or both.

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated $20,000,000 to carry out this section for the

5-year period beginning on the first day of fiscal year 2007.

SEC. 628. GRANTS FOR RAPE, ABUSE & INCEST NATIONAL NETWORK.

(a) FINDINGS.—Congress finds as follows:

(1) More than 200,000 Americans each year are victims

of sexual assault, according to the Department of Justice.

(2) In 2004, 1 American was sexually assaulted every 2.5

minutes.

(3) One of every 6 women, and 1 of every 133 men, in

America has been the victim of a completed or attempted rape,

according to the Department of Justice.

(4) The Federal Bureau of Investigation ranks rape second

in the hierarchy of violent crimes for its Uniform Crime Reports,

trailing only murder.

(5) The Federal Government, through the Victims of Crime

Act, Violence Against Women Act, and other laws, has long

played a role in providing services to sexual assault victims

and in seeking policies to increase the number of rapists

brought to justice.

(6) Research suggests that sexual assault victims who

receive counseling support are more likely to report their attack

to the police and to participate in the prosecution of the

offender.

(7) Due in part to the combined efforts of law enforcement

officials at the local, State, and Federal level, as well as the

efforts of the Rape, Abuse & Incest National Network (RAINN)

and its affiliated rape crisis centers across the United States,

sexual violence in America has fallen by more than half since

1994.

(8) RAINN, a 501(c)(3) nonprofit corporation headquartered

in the District of Columbia, has since 1994 provided help to

victims of sexual assault and educated the public about sexual

assault prevention, prosecution, and recovery.

(9) RAINN established and continues to operate the

National Sexual Assault Hotline, a free, confidential telephone

hotline that provides help, 24 hours a day, to victims nationally.

(10) More than 1,100 local rape crisis centers in the 50

States and the District of Columbia partner with RAINN and

are members of the National Sexual Assault Hotline network

42 USC 16985.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 639

(which has helped more than 970,000 people since its inception

in 1994).

(11) To better serve victims of sexual assault, 80 percent

of whom are under age 30 and 44 percent of whom are under

age 18, RAINN will soon launch the National Sexual Assault

Online Hotline, the web’s first secure hotline service offering

live help 24 hours a day.

(12) Congress and the Department of Justice have given

RAINN funding to conduct its crucial work.

(13) RAINN is a national model of public/private partnership, raising private sector funds to match congressional appropriations and receiving extensive private in-kind support,

including advanced technology provided by the communications

and technology industries to launch the National Sexual

Assault Hotline and the National Sexual Assault Online Hotline.

(14) Worth magazine selected RAINN as one of ‘‘America’s

100 Best Charities’’, in recognition of the organization’s ‘‘efficiency and effectiveness.’’.

(15) In fiscal year 2005, RAINN spent more than 91 cents

of every dollar received directly on program services.

(16) The demand for RAINN’s services is growing dramatically, as evidenced by the fact that, in 2005, the National

Sexual Assault Hotline helped 137,039 people, an all-time

record.

(17) The programs sponsored by RAINN and its local affiliates have contributed to the increase in the percentage of

victims who report their rape to law enforcement.

(18) According to a recent poll, 92 percent of American

women said that fighting sexual and domestic violence should

be a top public policy priority (a higher percentage than chose

health care, child care, or any other issue).

(19) Authorizing Federal funds for RAINN’s national programs would promote continued progress with this interstate

problem and would make a significant difference in the prosecution of rapists and the overall incidence of sexual violence.

(b) DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.—

(1) DESCRIPTION OF ACTIVITIES.—The Administrator shall—

(A) issue such rules as the Administrator considers

necessary or appropriate to carry out this section;

(B) make such arrangements as may be necessary and

appropriate to facilitate effective coordination among all

Federally funded programs relating to victims of sexual

assault; and

(C) provide adequate staff and agency resources which

are necessary to properly carry out the responsibilities

pursuant to this section.

(2) ANNUAL GRANT TO RAPE, ABUSE & INCEST NATIONAL

NETWORK.—The Administrator shall annually make a grant

to RAINN, which shall be used for the performance of the

organization’s national programs, which may include—

(A) operation of the National Sexual Assault Hotline,

a 24-hour toll-free telephone line by which individuals may

receive help and information from trained volunteers;

(B) operation of the National Sexual Assault Online

Hotline, a 24-hour free online service by which individuals

may receive help and information from trained volunteers;

Regulations.

120 STAT. 640 PUBLIC LAW 109–248—JULY 27, 2006

(C) education of the media, the general public, and

populations at risk of sexual assault about the incidence

of sexual violence and sexual violence prevention, prosecution, and recovery;

(D) dissemination, on a national basis, of information

relating to innovative and model programs, services, laws,

legislation, and policies that benefit victims of sexual

assault; and

(E) provision of technical assistance to law enforcement

agencies, State and local governments, the criminal justice

system, public and private nonprofit agencies, and individuals in the investigation and prosecution of cases involving

victims of sexual assault.

(c) DEFINITIONS.—For the purposes of this section:

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the

Administrator of the Office of Juvenile Justice and Delinquency

Prevention.

(2) RAINN.—The term ‘‘RAINN’’ means the Rape, Abuse

& Incest National Network, a 501(c)(3) nonprofit corporation

headquartered in the District of Columbia.

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to the Administrator to carry out this section,

$3,000,000 for each of fiscal years 2007 through 2010.

SEC. 629. CHILDREN’S SAFETY ONLINE AWARENESS CAMPAIGNS.

(a) AWARENESS CAMPAIGN FOR CHILDREN’S SAFETY ONLINE.—

(1) IN GENERAL.—The Attorney General, in consultation

with the National Center for Missing and Exploited Children,

is authorized to develop and carry out a public awareness

campaign to demonstrate, explain, and encourage children, parents, and community leaders to better protect children when

such children are on the Internet.

(2) REQUIRED COMPONENTS.—The public awareness campaign described under paragraph (1) shall include components

that compliment and reinforce the campaign message in a

variety of media, including the Internet, television, radio, and

billboards.

(b) AWARENESS CAMPAIGN REGARDING THE ACCESSIBILITY AND

UTILIZATION OF SEX OFFENDER REGISTRIES.—The Attorney General,

in consultation with the National Center for Missing and Exploited

Children, is authorized to develop and carry out a public awareness

campaign to demonstrate, explain, and encourage parents and

community leaders to better access and utilize the Federal and

State sex offender registries.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as are

necessary for fiscal years 2007 through 2011.

SEC. 630. GRANTS FOR ONLINE CHILD SAFETY PROGRAMS.

(a) IN GENERAL.—The Attorney General shall, subject to the

availability of appropriations, make grants to States, units of local

government, and nonprofit organizations for the purposes of establishing and maintaining programs with respect to improving and

educating children and parents in the best ways for children to

be safe when on the Internet.

(b) DEFINITION OF STATE.—For purposes of this section, the

term ‘‘State’’ means any State of the United States, the District

42 USC 16987.

42 USC 16986.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 641

of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,

American Samoa, Guam, and the Northern Mariana Islands.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as are

necessary for fiscal years 2007 through 2011.

SEC. 631. JESSICA LUNSFORD ADDRESS VERIFICATION GRANT PROGRAM.

(a) ESTABLISHMENT.—There is established the Jessica Lunsford

Address Verification Grant Program (hereinafter in this section

referred to as the ‘‘Program’’).

(b) GRANTS AUTHORIZED.—Under the Program, the Attorney

General is authorized to award grants to State, local governments,

and Indian tribal governments to assist in carrying out programs

requiring an appropriate official to verify, at appropriate intervals,

the residence of all or some registered sex offenders.

(c) APPLICATION.—

(1) IN GENERAL.—Each State or local government seeking

a grant under this section shall submit an application to the

Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may

reasonably require.

(2) CONTENTS.—Each application submitted pursuant to

paragraph (1) shall—

(A) describe the activities for which assistance under

this section is sought; and

(B) provide such additional assurances as the Attorney

General determines to be essential to ensure compliance

with the requirements of this section.

(d) INNOVATION.—In making grants under this section, the

Attorney General shall ensure that different approaches to address

verification are funded to allow an assessment of effectiveness.

(e) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There are authorized to be appropriated

for each of the fiscal years 2007 through 2009 such sums

as may be necessary to carry out this section.

(2) REPORT.—Not later than April 1, 2009, the Attorney

General shall report to Congress—

(A) assessing the effectiveness and value of this section;

(B) comparing the cost effectiveness of address

verification to reduce sex offenses compared to other alternatives; and

(C) making recommendations for continuing funding

and the appropriate levels for such funding.

SEC. 632. FUGITIVE SAFE SURRENDER.

(a) FINDINGS.—Congress finds the following:

(1) Fugitive Safe Surrender is a program of the United

States Marshals Service, in partnership with public, private,

and faith-based organizations, which temporarily transforms

a church into a courthouse, so fugitives can turn themselves

in, in an atmosphere where they feel more comfortable to

do so, and have nonviolent cases adjudicated immediately.

(2) In the 4-day pilot program in Cleveland, Ohio, over

800 fugitives turned themselves in. By contrast, a successful

Fugitive Task Force sweep, conducted for 3 days after Fugitive

Safe Surrender, resulted in the arrest of 65 individuals.

42 USC 16989.

42 USC 16988.

120 STAT. 642 PUBLIC LAW 109–248—JULY 27, 2006

(3) Fugitive Safe Surrender is safer for defendants, law

enforcement, and innocent bystanders than needing to conduct

a sweep.

(4) Based upon the success of the pilot program, Fugitive

Safe Surrender should be expanded to other cities throughout

the United States.

(b) ESTABLISHMENT.—The United States Marshals Service shall

establish, direct, and coordinate a program (to be known as the

‘‘Fugitive Safe Surrender Program’’), under which the United States

Marshals Service shall apprehend Federal, State, and local fugitives

in a safe, secure, and peaceful manner to be coordinated with

law enforcement and community leaders in designated cities

throughout the United States.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the United States Marshals Service to carry

out this section—

(1) $3,000,000 for fiscal year 2007;

(2) $5,000,000 for fiscal year 2008; and

(3) $8,000,000 for fiscal year 2009.

(d) OTHER EXISTING APPLICABLE LAW.—Nothing in this section

shall be construed to limit any existing authority under any other

provision of Federal or State law for law enforcement agencies

to locate or apprehend fugitives through task forces or any other

means.

SEC. 633. NATIONAL REGISTRY OF SUBSTANTIATED CASES OF CHILD

ABUSE.

(a) IN GENERAL.—The Secretary of Health and Human Services,

in consultation with the Attorney General, shall create a national

registry of substantiated cases of child abuse or neglect.

(b) INFORMATION.—

(1) COLLECTION.—The information in the registry described

in subsection (a) shall be supplied by States and Indian tribes,

or, at the option of a State, by political subdivisions of such

State, to the Secretary of Health and Human Services.

(2) TYPE OF INFORMATION.—The registry described in subsection (a) shall collect in a central electronic registry information on persons reported to a State, Indian tribe, or political

subdivision of a State as perpetrators of a substantiated case

of child abuse or neglect.

(c) SCOPE OF INFORMATION.—

(1) IN GENERAL.—

(A) TREATMENT OF REPORTS.—The information to be

provided to the Secretary of Health and Human Services

under this section shall relate to substantiated reports

of child abuse or neglect.

(B) EXCEPTION.—If a State, Indian tribe, or political

subdivision of a State has an electronic register of cases

of child abuse or neglect equivalent to the registry established under this section that it maintains pursuant to

a requirement or authorization under any other provision

of law, the information provided to the Secretary of Health

and Human Services under this section shall be coextensive

with that in such register.

(2) FORM.—Information provided to the Secretary of Health

and Human Services under this section—

42 USC 16990.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 643

(A) shall be in a standardized electronic form determined by the Secretary of Health and Human Services;

and

(B) shall contain case-specific identifying information

that is limited to the name of the perpetrator and the

nature of the substantiated case of child abuse or neglect,

and that complies with clauses (viii) and (ix) of section

106(b)(2)(A) of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5106(b)(2)(A) (viii) and (ix)).

(d) CONSTRUCTION.—This section shall not be construed to

require a State, Indian tribe, or political subdivision of a State

to modify—

(1) an equivalent register of cases of child abuse or neglect

that it maintains pursuant to a requirement or authorization

under any other provision of law; or

(2) any other record relating to child abuse or neglect,

regardless of whether the report of abuse or neglect was

substantiated, unsubstantiated, or determined to be unfounded.

(e) ACCESSIBILITY.—Information contained in the national registry shall only be accessible to any Federal, State, Indian tribe,

or local government entity, or any agent of such entities, that

has a need for such information in order to carry out its responsibilities under law to protect children from child abuse and neglect.

(f) DISSEMINATION.—The Secretary of Health and Human Services shall establish standards for the dissemination of information

in the national registry of substantiated cases of child abuse or

neglect. Such standards shall comply with clauses (viii) and (ix)

of section 106(b)(2)(A) of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5106(b)(2)(A) (viii) and (ix)).

(g) STUDY.—

(1) IN GENERAL.—The Secretary of Health and Human

Services shall conduct a study on the feasibility of establishing

data collection standards for a national child abuse and neglect

registry with recommendations and findings concerning—

(A) costs and benefits of such data collection standards;

(B) data collection standards currently employed by

each State, Indian tribe, or political subdivision of a State;

(C) data collection standards that should be considered

to establish a model of promising practices; and

(D) a due process procedure for a national registry.

(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security shall

submit to the Committees on the Judiciary in the House of

Representatives and the United States Senate and the Senate

Committee on Health, Education, Labor and Pensions and the

House Committee on Education and the Workforce a report

containing the recommendations and findings of the study on

data collection standards for a national child abuse registry

authorized under this subsection.

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $500,000 for the period of fiscal years

2006 and 2007 to carry out the study required by this subsection.

SEC. 634. COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES.

(a) IN GENERAL.—The National Institute of Justice shall conduct a comprehensive study to examine the control, prosecution,

Regulations.

Electronic

information.

120 STAT. 644 PUBLIC LAW 109–248—JULY 27, 2006

treatment, and monitoring of sex offenders, with a particular focus

on—

(1) the effectiveness of the Sex Offender Registration and

Notification Act in increasing compliance with sex offender

registration and notification requirements, and the costs and

burdens associated with such compliance;

(2) the effectiveness of sex offender registration and

notification requirements in increasing public safety, and the

costs and burdens associated with such requirements;

(3) the effectiveness of public dissemination of sex offender

information on the Internet in increasing public safety, and

the costs and burdens associated with such dissemination; and

(4) the effectiveness of treatment programs in reducing

recidivism among sex offenders, and the costs and burdens

associated with such programs.

(b) RECOMMENDATIONS.—The study described in subsection (a)

shall include recommendations for reducing the number of sex

crimes against children and adults and increasing the effectiveness

of registration requirements.

(c) REPORTS.—

(1) IN GENERAL.—Not later than 5 years after the date

of enactment of this Act, the National Institute of Justice

shall report the results of the study conducted under subsection

(a) together with findings to Congress, through the Internet

to the public, to each of the 50 governors, to the Mayor of

the District of Columbia, to territory heads, and to the top

official of the various Indian tribes.

(2) INTERIM REPORTS.—The National Institute of Justice

shall submit yearly interim reports.

(d) APPROPRIATIONS.—There are authorized to be appropriated

$3,000,000 to carry out this section.

SEC. 635. ANNUAL REPORT ON ENFORCEMENT OF REGISTRATION

REQUIREMENTS.

Not later than July 1 of each year, the Attorney General

shall submit a report to Congress describing—

(1) the use by the Department of Justice of the United

States Marshals Service to assist jurisdictions in locating and

apprehending sex offenders who fail to comply with sex offender

registration requirements, as authorized by this Act;

(2) the use of section 2250 of title 18, United States Code

(as added by section 151 of this Act), to punish offenders

for failure to register;

(3) a detailed explanation of each jurisdiction’s compliance

with the Sex Offender Registration and Notification Act;

(4) a detailed description of Justice Department efforts

to ensure compliance and any funding reductions, the basis

for any decision to reduce funding or not to reduce funding

under section 125; and

(5) the denial or grant of any extensions to comply with

the Sex Offender Registration and Notification Act, and the

reasons for such denial or grant.

42 USC 16991.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 645

SEC. 636. GOVERNMENT ACCOUNTABILITY OFFICE STUDIES ON FEASIBILITY OF USING DRIVER’S LICENSE REGISTRATION

PROCESSES AS ADDITIONAL REGISTRATION REQUIREMENTS FOR SEX OFFENDERS.

For the purposes of determining the feasibility of using driver’s

license registration processes as additional registration requirements for sex offenders to improve the level of compliance with

sex offender registration requirements for change of address upon

relocation and other related updates of personal information, the

Congress requires the following studies:

(1) Not later than 180 days after the date of the enactment

of this Act, the Government Accountability Office shall complete

a study for the Committee on the Judiciary of the Senate

and the Committee on the Judiciary of the House of Representatives to survey a majority of the States to assess the relative

systems capabilities to comply with a Federal law that required

all State driver’s license systems to automatically access State

and national databases of registered sex offenders in a form

similar to the requirement of the Nevada law described in

paragraph (2). The Government Accountability Office shall use

the information drawn from this survey, along with other expert

sources, to determine what the potential costs to the States

would be if such a Federal law came into effect, and what

level of Federal grants would be required to prevent an

unfunded mandate. In addition, the Government Accountability

Office shall seek the views of Federal and State law enforcement agencies, including in particular the Federal Bureau of

Investigation, with regard to the anticipated effects of such

a national requirement, including potential for undesired side

effects in terms of actual compliance with this Act and related

laws.

(2) Not later than February 1, 2007, the Government

Accountability Office shall complete a study to evaluate the

provisions of Chapter 507 of Statutes of Nevada 2005 to determine—

(A) if those provisions are effective in increasing the

registration compliance rates of sex offenders;

(B) the aggregate direct and indirect costs for the State

of Nevada to bring those provisions into effect; and

(C) how those provisions might be modified to improve

compliance by registered sex offenders.

SEC. 637. SEX OFFENDER RISK CLASSIFICATION STUDY.

(a) STUDY.—The Attorney General shall conduct a study of

risk-based sex offender classification systems, which shall include

an analysis of—

(1) various risk-based sex offender classification systems;

(2) the methods and assessment tools available to assess

the risks posed by sex offenders;

(3) the efficiency and effectiveness of risk-based sex offender

classification systems, in comparison to offense-based sex

offender classification systems, in—

(A) reducing threats to public safety posed by sex

offenders; and

(B) assisting law enforcement agencies and the public

in identifying the most dangerous sex offenders;

Deadline.

Deadline.

120 STAT. 646 PUBLIC LAW 109–248—JULY 27, 2006

(4) the resources necessary to implement, and the legal

implications of implementing, risk-based sex offender classification systems for sex offender registries; and

(5) any other information the Attorney General determines

necessary to evaluate risk-based sex offender classification systems.

(b) REPORT.—Not later than 18 months after the date of enactment of this Act, the Attorney General shall report to the Congress

the results of the study under this section.

(c) STUDY CONDUCTED BY TASK FORCE.—The Attorney General

may establish a task force to conduct the study and prepare the

report required under this section. Any task force established under

this section shall be composed of members, appointed by the

Attorney General, who—

(1) represent national, State, and local interests; and

(2) are especially qualified to serve on the task force by

virtue of their education, training, or experience, particularly

in the fields of sex offender management, community education,

risk assessment of sex offenders, and sex offender victim issues.

SEC. 638. STUDY OF THE EFFECTIVENESS OF RESTRICTING THE

ACTIVITIES OF SEX OFFENDERS TO REDUCE THE OCCURRENCE OF REPEAT OFFENSES.

(a) STUDY.—The Attorney General shall conduct a study to

evaluate the effectiveness of monitoring and restricting the activities

of sex offenders to reduce the occurrence of repeat offenses by

such sex offenders, through conditions imposed as part of supervised

release or probation conditions. The study shall evaluate—

(1) the effectiveness of methods of monitoring and

restricting the activities of sex offenders, including restrictions—

(A) on the areas in which sex offenders can reside,

work, and attend school;

(B) limiting access by sex offenders to the Internet

or to specific Internet sites; and

(C) preventing access by sex offenders to pornography

and other obscene materials;

(2) the ability of law enforcement agencies and courts to

enforce such restrictions; and

(3) the efficacy of any other restrictions that may reduce

the occurrence of repeat offenses by sex offenders.

(b) REPORT.—Not later than 6 months after the date of enactment of this Act, the Attorney General shall report to the Committee

on the Judiciary of the House of Representatives and the Committee

on the Judiciary of the Senate the results of the study under

this section.

SEC. 639. THE JUSTICE FOR CRIME VICTIMS FAMILY ACT.

(a) SHORT TITLE.—This section may be cited as the ‘‘Justice

for Crime Victims Family Act’’.

(b) STUDY OF MEASURES NEEDED TO IMPROVE PERFORMANCE

OF HOMICIDE INVESTIGATORS.—Not later than 6 months after the

date of the enactment of this Act, the Attorney General shall

submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report—

(1) outlining what measures are needed to improve the

performance of Federal, State, and local criminal investigators

of homicide; and

Deadline.

Reports.

Justice for Crime

Victims Family

Act.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 647

(2) including an examination of—

(A) the benefits of increasing training and resources

for such investigators, with respect to investigative techniques, best practices, and forensic services;

(B) the existence of any uniformity among State and

local jurisdictions in the measurement of homicide rates

and clearance of homicide cases;

(C) the coordination in the sharing of information

among Federal, State, and local law enforcement and coroners and medical examiners; and

(D) the sources of funding that are in existence on

the date of the enactment of this Act for State and local

criminal investigators of homicide.

(c) IMPROVEMENTS NEEDED FOR SOLVING HOMICIDES INVOLVING

MISSING PERSONS AND UNIDENTIFIED HUMAN REMAINS.—Not later

than 6 months after the date of the enactment of this Act, the

Attorney General shall submit to the Committee on the Judiciary

of the House of Representatives and the Committee on the Judiciary

of the Senate a report—

(1) evaluating measures to improve the ability of Federal,

State, and local criminal investigators of homicide to solve

homicides involving missing persons and unidentified human

remains; and

(2) including an examination of—

(A) measures to expand national criminal records databases with accurate information relating to missing persons

and unidentified human remains;

(B) the collection of DNA samples from potential ‘‘highrisk’’ missing persons;

(C) the benefits of increasing access to national

criminal records databases for medical examiners and coroners;

(D) any improvement in the performance of postmortem examinations, autopsies, and reporting procedures

of unidentified persons or remains;

(E) any coordination between the National Center for

Missing Children and the National Center for Missing

Adults;

(F) website postings (or other uses of the Internet)

of information of identifiable information such as physical

features and characteristics, clothing, and photographs of

missing persons and unidentified human remains; and

(G) any improvement with respect to—

(i) the collection of DNA information for missing

persons and unidentified human remains; and

(ii) entering such information into the Combined

DNA Index System of the Federal Bureau of Investigation and national criminal records databases.

TITLE VII—INTERNET SAFETY ACT

SEC. 701. CHILD EXPLOITATION ENTERPRISES.

Section 2252A of title 18, United States Code, is amended

by adding at the end the following:

‘‘(g) CHILD EXPLOITATION ENTERPRISES.—

Deadline.

Reports.

120 STAT. 648 PUBLIC LAW 109–248—JULY 27, 2006

‘‘(1) Whoever engages in a child exploitation enterprise

shall be fined under this title and imprisoned for any term

of years not less than 20 or for life.

‘‘(2) A person engages in a child exploitation enterprise

for the purposes of this section if the person violates section

1591, section 1201 if the victim is a minor, or chapter 109A

(involving a minor victim), 110 (except for sections 2257 and

2257A), or 117 (involving a minor victim), as a part of a series

of felony violations constituting three or more separate

incidents and involving more than one victim, and commits

those offenses in concert with three or more other persons.’’.

SEC. 702. INCREASED PENALTIES FOR REGISTERED SEX OFFENDERS.

(a) OFFENSE.—Chapter 110 of title 18, United States Code,

is amended by adding at the end the following:

‘‘§ 2260A. Penalties for registered sex offenders

‘‘Whoever, being required by Federal or other law to register

as a sex offender, commits a felony offense involving a minor

under section 1201, 1466A, 1470, 1591, 2241, 2242, 2243, 2244,

2245, 2251, 2251A, 2260, 2421, 2422, 2423, or 2425, shall be sentenced to a term of imprisonment of 10 years in addition to the

imprisonment imposed for the offense under that provision. The

sentence imposed under this section shall be consecutive to any

sentence imposed for the offense under that provision.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 110 of title 18, United States Code, is amended

by adding at the end the following new item:

‘‘2260A. Increased penalties for registered sex offenders.’’.

SEC. 703. DECEPTION BY EMBEDDED WORDS OR IMAGES.

(a) IN GENERAL.—Chapter 110 of title 18, United States Code,

is amended by inserting after section 2252B the following:

‘‘§ 2252C. Misleading words or digital images on the Internet

‘‘(a) IN GENERAL.—Whoever knowingly embeds words or digital

images into the source code of a website with the intent to deceive

a person into viewing material constituting obscenity shall be fined

under this title and imprisoned for not more than 10 years.

‘‘(b) MINORS.—Whoever knowingly embeds words or digital

images into the source code of a website with the intent to deceive

a minor into viewing material harmful to minors on the Internet

shall be fined under this title and imprisoned for not more than

20 years.

‘‘(c) CONSTRUCTION.—For the purposes of this section, a word

or digital image that clearly indicates the sexual content of the

site, such as ‘sex’ or ‘porn’, is not misleading.

‘‘(d) DEFINITIONS.—As used in this section—

‘‘(1) the terms ‘material that is harmful to minors’ and

‘sex’ have the meaning given such terms in section 2252B;

and

‘‘(2) the term ‘source code’ means the combination of text

and other characters comprising the content, both viewable

and nonviewable, of a web page, including any website publishing language, programming language, protocol or functional

content, as well as any successor languages or protocols.’’.

Penalties.

Penalties.

Penalties.

PUBLIC LAW 109–248—JULY 27, 2006 120 STAT. 649

(b) TABLE OF SECTIONS.—The table of sections for chapter 110

of title 18, United States Code, is amended by inserting after

the item relating to section 2252B the following:

‘‘2252C. Misleading words or digital images on the Internet.’’.

SEC. 704. ADDITIONAL PROSECUTORS FOR OFFENSES RELATING TO

THE SEXUAL EXPLOITATION OF CHILDREN.

(a) DEFINITION.—In this section, the term ‘‘offenses relating

to the sexual exploitation of children’’ shall include any offense

committed in violation of—

(1) chapter 71 of title 18, United States Code, involving

an obscene visual depiction of a minor, or transfer of obscene

materials to a minor;

(2) chapter 109A of title 18, United States Code, involving

a victim who is a minor;

(3) chapter 109B of title 18, United States Code;

(4) chapter 110 of title 18, United States Code;

(5) chapter 117 of title 18, United States Code involving

a victim who is a minor; and

(6) section 1591 of title 18, United States Code.

(b) ADDITIONAL PROSECUTORS.—In fiscal year 2007, the

Attorney General shall, subject to the availability of appropriations

for such purposes, increase by not less than 200 the number of

attorneys in United States Attorneys’ Offices. The additional attorneys shall be assigned to prosecute offenses relating to the sexual

exploitation of children.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Department of Justice for fiscal year

2007 such sums as may be necessary to carry out this section.

SEC. 705. ADDITIONAL COMPUTER-RELATED RESOURCES.

(a) DEPARTMENT OF JUSTICE RESOURCES.—In fiscal year 2007,

the Attorney General shall, subject to the availability of appropriations for such purposes, increase by not less than 30 the number

of computer forensic examiners within the Regional Computer

Forensic Laboratories (RCFL). The additional computer forensic

examiners shall be dedicated to investigating crimes involving the

sexual exploitation of children and related offenses.

(b) DEPARTMENT OF HOMELAND SECURITY RESOURCES.—In fiscal

year 2007, the Secretary of Homeland Security shall, subject to

the availability of appropriations for such purposes, increase by

not less than 15 the number of computer forensic examiners within

the Cyber Crimes Center (C3). The additional computer forensic

examiners shall be dedicated to investigating crimes involving the

sexual exploitation of children and related offenses.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Department of Justice and the Department

of Homeland Security for fiscal year 2007 such sums as may be

necessary to carry out this section.

SEC. 706. ADDITIONAL ICAC TASK FORCES.

(a) ADDITIONAL TASK FORCES.—In fiscal year 2007, the

Administrator of the Office of Juvenile Justice and Delinquency

Prevention shall, subject to the availability of appropriations for

such purpose, increase by not less than 10 the number of Internet

Crimes Against Children Task Forces that are part of the Internet

Crimes Against Children Task Force Program authorized and

120 STAT. 650 PUBLIC LAW 109–248—JULY 27, 2006

LEGISLATIVE HISTORY—H.R. 4472:

CONGRESSIONAL RECORD, Vol. 152 (2006):

Mar. 8, considered and passed House.

July 20, considered and passed Senate, amended.

July 25, House concurred in Senate amendments.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):

July 27, Presidential remarks.

Æ

funded under title IV of the Juvenile Justice and Delinquency

Prevention Act of 1974 (42 U.S.C. 5771 et seq.). These Task Forces

shall be in addition to the ones authorized in section 143 of this

Act.

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Administrator of the Office of Juvenile

Justice and Delinquency Prevention for fiscal year 2007 such sums

as may be necessary to carry out this section.

SEC. 707. MASHA’S LAW.

(a) SHORT TITLE.—This section may be cited as ‘‘Masha’s Law’’.

(b) IN GENERAL.—Section 2255(a) of title 18, United States

Code, is amended—

(1) in the first sentence—

(A) by striking ‘‘(a) Any minor who is’’ and inserting

the following:

‘‘(a) IN GENERAL.—Any person who, while a minor, was’’;

(B) by inserting after ‘‘such violation’’ the following:

‘‘, regardless of whether the injury occurred while such

person was a minor,’’; and

(C) by striking ‘‘such minor’’ and inserting ‘‘such person’’; and

(2) in the second sentence—

(A) by striking ‘‘Any minor’’ and inserting ‘‘Any person’’;

and

(B) by striking ‘‘$50,000’’ and inserting ‘‘$150,000’’.

(c) CONFORMING AMENDMENT.—Section 2255(b) of title 18,

United States Code, is amended by striking ‘‘(b) Any action’’ and

inserting the following:

‘‘(b) STATUTE OF LIMITATIONS.—Any action’’.

Approved July 27, 2006.

18 USC 2251

note.

Masha’s Law.