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are deemed by the Bureau of Prisons to be in 
need of and suitable for residential treatment. 
‘‘(2) REGIONS.—At least one sex offender man-
agement 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 Bu-
reau of Prisons for each fiscal year such sums as 
may be necessary to carry out this subsection.’’. 
SEC. 135. GAO STUDIES ON FEASIBILITY OF USING DRIV-
ER’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 require-
ments for change of address upon relocation and other re-
lated updates of personal information, the Congress re-
quires the following studies: 
(1) Not later than 180 days after the date of 
the enactment of this Act, the Government Account-
ability Office shall complete a study for the Com-
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mittee on the Judiciary of the House of Representa-
tives to survey a majority of the States to assess the 
relative systems capabilities to comply with a Fed-
eral law that required all State driver’s license sys-
tems to automatically access State and national 
databases of registered sex offenders in a form simi-
lar 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 Ac-
countability 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 October 2006, the Govern-
ment Accountability Office shall complete a study to 
evaluate the provisions of Chapter 507 of Statutes 
of Nevada 2005 to determine— 
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(A) if those provisions are effective in in-
creasing the registration compliance rates of sex 
offenders; 
(B) the aggregate direct and indirect costs 
for the state of Nevada to bring those provi-
sions into effect; and 
(C) whether those provisions should be 
modified to improve compliance by registered 
sex offenders. 
SEC. 136. ASSISTANCE IN IDENTIFICATION AND LOCATION 
OF SEX OFFENDERS RELOCATED AS A RE-
SULT OF A MAJOR DISASTER. 
The Attorney General shall provide technical assist-
ance to jurisdictions to assist them in the identification 
and location of a sex offender relocated as a result of a 
major disaster. 
SEC. 137. ELECTION BY INDIAN TRIBES. 
(a) ELECTION.— 
(1) IN GENERAL.—A federally recognized In-
dian tribe may, by resolution or other enactment of 
the tribal council or comparable governmental 
body— 
(A) elect to carry out this subtitle as a ju-
risdiction subject to its provisions; or 
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(B) elect to delegate its functions under 
this subtitle to another jurisdiction or jurisdic-
tions 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 re-
quirements 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 enforce-
ment 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 enact-
ment of this Act or rescinds an election under 
paragraph (1)(A); or 
(C) the Attorney General determines that 
the tribe has not implemented the requirements 
of this subtitle and is not likely to become capa-
ble of doing so within a reasonable amount of 
time. 
(b) COOPERATION BETWEEN TRIBAL AUTHORITIES 
AND OTHER JURISDICTIONS.— 
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(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 terri-
tory of the tribe is located. 
(2) COOPERATIVE AGREEMENTS.—A tribe may, 
through cooperative agreements with such a jurisdic-
tion or jurisdictions— 
(A) arrange for the tribe to carry out any 
function of such a jurisdiction under this sub-
title 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. 138. REGISTRATION OF PRISONERS RELEASED FROM 
FOREIGN IMPRISONMENT. 
The Attorney General, in consultation with the Sec-
retary 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. 
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SEC. 139. SEX OFFENDER RISK CLASSIFICATION STUDY. 
(a) STUDY.—The Attorney General shall conduct a 
study of risk-based sex offender classification systems, 
which shall include an analysis of— 
(1) various risk-based sex offender classification 
systems; 
(2) the methods and assessment tools available 
to assess the risks posed by sex offenders; 
(3) the efficiency and effectiveness of risk-based 
sex offender classification systems, in comparison to 
offense-based sex offender classification systems, 
in— 
(A) reducing threats to public safety posed 
by sex offenders; and 
(B) assisting law enforcement agencies and 
the public in identifying the most dangerous sex 
offenders; 
(4) the resources necessary to implement, and 
the legal implications of implementing, risk-based 
sex offender classification systems for sex offender 
registries; and 
(5) any other information the Attorney General 
determines necessary to evaluate risk-based sex of-
fender classification systems. 
(b) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Attorney General shall 
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report to the Congress the results of the study under this 
section. 
(c) STUDY CONDUCTED BY TASK FORCE.—The At-
torney 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 com-
posed of members, appointed by the Attorney General, 
who— 
(1) represent national, State, and local inter-
ests; and 
(2) are especially qualified to serve on the task 
force by virtue of their education, training, or expe-
rience, particularly in the fields of sex offender man-
agement, community education, risk assessment of 
sex offenders, and sex offender victim issues. 
SEC. 140. STUDY OF THE EFFECTIVENESS OF RESTRICTING 
THE ACTIVITIES OF SEX OFFENDERS TO RE-
DUCE THE OCCURRENCE OF REPEAT OF-
FENSES. 
(a) STUDY.—The Attorney General shall conduct a 
study to evaluate the effectiveness of monitoring and re-
stricting the activities of sex offenders to reduce the occur-
rence of repeat offenses by such sex offenders. The study 
shall evaluate— 
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(1) the effectiveness of methods of monitoring 
and restricting the activities of sex offenders, includ-
ing 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; 
(C) preventing access by sex offenders to 
pornography and other obscene materials; and 
(D) imposed as part of supervised release 
or probation conditions; 
(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 Rep-
resentatives and the Committee on the Judiciary of the 
Senate the results of the study under this section. 
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Subtitle B—Criminal Law Enforce-
ment of Registration Require-
ments 
SEC. 151. AMENDMENTS TO TITLE 18, UNITED STATES 
CODE, RELATING TO SEX OFFENDER REG-
ISTRATION. 
(a) CRIMINAL PENALTIES FOR NONREGISTRATION.— 
Part I of title 18, United States Code, is amended by in-
serting after chapter 109A the following: 
‘‘CHAPTER 109B—SEX OFFENDER AND 
CRIMES AGAINST CHILDREN REGISTRY 
‘‘Sec 
‘‘2250. Failure to register 
‘‘§ 2250. Failure to register 
‘‘Whoever is required to register under the Sex Of-
fender Registration and Notification Act and— 
‘‘(1) is a sex offender as defined for the pur-
poses of that Act by reason of a conviction under 
Federal law; or 
‘‘(2) travels in interstate or foreign commerce, 
or enters or leaves, or resides in, Indian country; 
and knowingly fails to register as required shall be fined 
under this title or imprisoned not more than 20 years, or 
both.’’. 
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(b) 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 fol-
lowing new item: 
‘‘109B. Sex offender and crimes against children registry 2250’’. 
(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 10 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 sec-
tion 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 
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under the Sex Offender Registration and Notifica-
tion Act that the person comply with the require-
ments 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 vio-
lates the requirements of that Act or commits 
any criminal offense for which imprisonment for 
a term longer than one year can be imposed, 
the court shall revoke the term of supervised re-
lease and require the defendant to serve a term 
of imprisonment under subsection (e)(3) with-
out regard to the exception contained therein. 
Such term shall be not less than 5 years, and 
if the offense was an offense under chapter 
109A, 109B, 110, or 117, or section 1591, not 
less than 10 years.’’. 
(f) DUTIES OF BUREAU OF PRISONS.—Paragraph 
(3) of section 4042(c) of title 18, United States Code, is 
amended to read as follows: 
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‘‘(3) The Director of the Bureau of Prisons shall in-
form a person who is released from prison and required 
to register under the Sex Offender Registration and Noti-
fication 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 REF-
ERENCES.—Paragraphs (1) and (2) of section 4042(c) of 
title 18, United States Code, are each amended by striking 
‘‘(4)’’ each place it appears and inserting ‘‘(3)’’. 
(h) CONFORMING REPEAL OF DEADWOOD.—Para-
graph (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 No-
tification 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 under 
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subparagraphs (A) and (B)’’ and inserting ‘‘the Sex 
Offender Registration and Notification Act’’. 
(j) CONFORMING AMENDMENT RELATING
TO PA-
ROLE.—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. 152. FEDERAL INVESTIGATION OF SEX OFFENDER VIO-
LATIONS OF REGISTRATION REQUIREMENTS. 
(a) IN GENERAL.—The Attorney General shall assist 
jurisdictions in locating and apprehending sex offenders 
who violate sex offender registration requirements. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary for fiscal years 2006 through 2008 to implement 
this section. 
SEC. 153. SEX OFFENDER APPREHENSION 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: 
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‘‘PART JJ—SEX OFFENDER APPREHENSION 
GRANTS 
‘‘SEC. 3011. AUTHORITY TO MAKE SEX OFFENDER APPRE-
HENSION GRANTS. 
‘‘(a) 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 govern-
ments, other public and private entities, and multi-juris-
dictional or regional consortia thereof for activities speci-
fied in subsection (b). 
‘‘(b) COVERED ACTIVITIES.—An activity referred to 
in subsection (a) is any program, project, or other activity 
to assist a State in enforcing sex offender registration re-
quirements. 
‘‘SEC. 3012. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated such sums 
as may be necessary for fiscal years 2006 through 2008 
to carry out this part.’’. 
SEC. 154. USE OF ANY CONTROLLED SUBSTANCE TO FA-
CILITATE SEX OFFENSE, AND PROHIBITION 
ON INTERNET SALES OF DATE RAPE DRUGS. 
(a) INCREASED PUNISHMENT.—Chapter 109A of 
title 18, United States Code, is amended by adding at the 
end the following: 
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‘‘§ 2249. Use of any controlled substance to facilitate 
sex offense 
‘‘(a) Whoever, knowingly uses a controlled substance 
to substantially impair the ability of a person to appraise 
or control conduct, in order to commit a sex offense, other 
than an offense where such use is an element of the of-
fense, shall, in addition to the punishment provided for 
the sex offense, be imprisoned for any term of years not 
more than 10 years. 
‘‘(b) As used in this section, the term ‘sex offense’ 
means an offense under this chapter other than an offense 
under this section. 
‘‘§ 2250. Internet sales of date rape drugs 
‘‘(a) Whoever knowingly uses the Internet to dis-
tribute (as that term is defined for the purposes of the 
Controlled Substances Act) a date rape drug to any person 
shall be fined under this title or imprisoned not more than 
20 years, or both. 
‘‘(b) As used in this section, the term ‘date rape drug’ 
means 
gamma 
hydroxybutyric 
acid, 
ketamine, 
or 
flunitrazepam, or any analogue of such a substance, in-
cluding gamma butyrolactone or 1,4-butanediol.’’. 
(b) AMENDMENT
TO TABLE
OF SECTIONS.—The 
table of sections at the beginning of chapter 109A of title 
18, United States Code, is amended by adding at the end 
the following new item: 
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‘‘2249. Use of any controlled substance to facilitate sex offense 
‘‘2250. Internet sales of date rape drugs’’. 
SEC. 155. REPEAL OF PREDECESSOR SEX OFFENDER PRO-
GRAM. 
Sections 170101 (42 U.S.C. 14071) and 170102 (42 
U.S.C. 14072) of the Violent Crime Control and Law En-
forcement 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. 
SEC. 156. 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 ap-
propriated such sums as may be necessary for each of fis-
cal years 2006 through 2010 to carry out this section. 
SEC. 157. GRANTS TO COMBAT SEXUAL ABUSE OF CHIL-
DREN. 
(a) IN GENERAL.—The Bureau of Justice Assistance 
shall make grants to law enforcement agencies for pur-
poses of this section. The Bureau shall make such a 
grant— 
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(1) to each law enforcement agency that serves 
a jurisdiction with 50,000 or more residents; and 
(2) to each 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 re-
lating to sex offender registries, and management of 
released sex offenders; 
(2) investigate the use of the Internet to facili-
tate 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 data-
bases needed to apprehend sex offenders, and facili-
tate the creation and enforcement of sex offender 
registries. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary for fiscal years 2006 through 2008 to carry out 
this section. 
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SEC. 158. EXPANSION OF TRAINING AND TECHNOLOGY EF-
FORTS. 
(a) TRAINING.—The Attorney General, in consulta-
tion with the Office of Juvenile Justice and Delinquency 
Prevention, 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 Inter-
net and technology to solicit or otherwise exploit 
children; 
(2) facilitate meetings, between 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 chil-
dren; 
(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 multi-dis-
ciplinary approaches to holding offenders account-
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able 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 on-line solicitation of children 
by sex offenders. 
(b) TECHNOLOGY.—The Attorney General, in con-
sultation with the Office of Juvenile Justice and Delin-
quency Prevention, shall— 
(1) deploy, to all Internet Crimes Against Chil-
dren Task Forces and their partner agencies, tech-
nology modeled after the Canadian Child Exploi-
tation Tracking System; and 
(2) conduct training in the use of that tech-
nology. 
(c) REPORT.—Not later than July 1, 2006, the Attor-
ney General, in consultation with the Office of Juvenile 
Justice and Delinquency Prevention, shall submit to Con-
gress a report on the activities carried out under this sec-
tion. The report shall include any recommendations that 
the Attorney General, in consultation with the Office, con-
siders appropriate. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Attorney General, 
for fiscal year 2006— 
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(1) $1,000,000 to carry out subsection (a); and 
(2) $2,000,000 to carry out subsection (b). 
SEC. 159. REVOCATION OF PROBATION OR SUPERVISED RE-
LEASE. 
(a) PROBATION.—Section 3565(b) of title 18, United 
States Code, is amended— 
(1) in paragraph (3) by striking ‘or’ at the end; 
and 
(2) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) commits a felony crime of violence; or 
‘‘(6) commits a crime of violence against, or an 
offense that consists of or is intended to facilitate 
unlawful sexual contact (as defined in section 2246) 
with, a person who has not attained the age of 18 
years;’’. 
(b) SUPERVISED RELEASE.—Section 3583(g) of title 
18, United States Code, is amended— 
(1) in paragraph (3) by striking ‘or’ at the end; 
and 
(2) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) commits a felony crime of violence; or 
‘‘(6) commits a crime of violence against, or an 
offense that consists of or is intended to facilitate 
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unlawful sexual contact (as defined in section 2246) 
with, a person who has not attained the age of 18 
years;’’. 
Subtitle C—Office on Sexual Vio-
lence and Crimes Against Chil-
dren 
SEC. 161. ESTABLISHMENT. 
There is established within the Department of Jus-
tice, under the general authority of the Attorney General, 
an Office on Sexual Violence and Crimes against Children 
(hereinafter in this subtitle referred to as the ‘‘Office’’). 
SEC. 162. DIRECTOR. 
The 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 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 insti-
tution with which the Office makes any contract or other 
arrangement. 
SEC. 163. DUTIES AND FUNCTIONS. 
The Office is authorized to— 
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(1) administer the standards for sex offender 
registration and notification programs set forth in 
this title; 
(2) administer grant programs relating to sex 
offender registration and notification authorized by 
this title and other grant programs authorized by 
this title as directed by the Attorney General; 
(3) cooperate with and provide technical assist-
ance to States, units of local government, tribal gov-
ernments, and other public and private entities in-
volved in activities related to sex offender registra-
tion or notification or to other measures for the pro-
tection of children or other members of the public 
from sexual abuse or exploitation; and 
(4) perform such other functions as the Attor-
ney General may delegate. 
TITLE II—DNA FINGERPRINTING 
SEC. 201. TECHNICAL AMENDMENT. 
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 ‘‘or from’’ and 
all that follows through ‘‘detained’’ and inserting ‘‘, de-
tained, or convicted’’. 
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SEC. 202. STOPPING VIOLENT PREDATORS AGAINST CHIL-
DREN. 
In carrying out Acts of Congress relating to DNA 
databases, the Attorney General shall give appropriate 
consideration to the need for the collection and testing of 
DNA to stop violent predators against children. 
SEC. 203. MODEL CODE ON INVESTIGATING MISSING PER-
SONS AND DEATHS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that each State should, not later than 1 year after 
the date on which the Attorney General published the 
model code, enact laws implementing the model code. 
(b) GAO STUDY.—Not later than 2 years after the 
date on which the Attorney General published the model 
code, the Comptroller General shall submit to Congress 
a report on the extent to which States have implemented 
the model code. The report shall, for each State— 
(1) describe the extent to which the State has 
implemented the model code; and 
(2) to the extent the State has not implemented 
the model code, describe the reasons why the State 
has not done so. 
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TITLE III—PREVENTION AND DE-
TERRENCE 
OF 
CRIMES 
AGAINST CHILDREN 
SEC. 301. ASSURED PUNISHMENT FOR VIOLENT CRIMES 
AGAINST CHILDREN. 
(a) SPECIAL SENTENCING RULE.—Subsection (d) of 
section 3559 of title 18, United States Code, is amended 
to read as follows: 
‘‘(d) MANDATORY MINIMUM TERMS OF IMPRISON-
MENT
FOR VIOLENT CRIMES AGAINST CHILDREN.—A 
person who is convicted of a felony crime of violence 
against the person of an individual who has not attained 
the age of 18 years shall, unless a greater mandatory min-
imum 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 results in the death 
of a person who has not attained the age of 18 
years, be sentenced to death or life in prison; 
‘‘(2) if the crime of violence is kidnapping, ag-
gravated sexual abuse, sexual abuse, or maiming, be 
imprisoned for life or any term of years not less 
than 30; and 
‘‘(3) if the crime of violence results in serious 
bodily injury (as defined in section 2119), be impris-
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oned for life or for any term of years not less than 
20.’’. 
SEC. 302. KENNETH WREDE FAIR AND EXPEDITIOUS HA-
BEAS REVIEW OF STATE CRIMINAL CONVIC-
TIONS. 
(a) SECTION 2264.—Section 2264 of title 28, United 
States Code, is amended by redesignating subsection (b) 
as subsection (c) and inserting after subsection (a) the fol-
lowing: 
‘‘(b) The court shall not have jurisdiction to consider 
an application with respect to an error relating to the ap-
plicant’s sentence or sentencing that has been found to 
be harmless or not prejudicial in State court proceedings, 
that was not presented in State court proceedings, or that 
was found by a State court to be procedurally barred, un-
less a determination that the error is not structural is con-
trary to clearly established Federal law, as determined by 
the Supreme Court of the United States.’’. 
(b) SECTION 2254.—Section 2254 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(j) The court, Justice, or judge entertaining the ap-
plication shall not have jurisdiction to consider an applica-
tion with respect to an error relating to the applicant’s 
sentence or sentencing that has been found to be harmless 
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or not prejudicial in State court proceedings, that was not 
presented in State court proceedings, or that was found 
by a State court to be procedurally barred, unless a deter-
mination that the error is not structural is contrary to 
clearly established Federal law, as determined by the Su-
preme Court of the United States.’’. 
(c) APPLICATION.—The amendments made by this 
section apply to cases pending on or after the date of the 
enactment of this Act. 
SEC. 303. RIGHTS ASSOCIATED WITH HABEAS CORPUS PRO-
CEEDINGS. 
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 convic-
tion, 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.— 
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‘‘(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 pro-
ceedings arising out of a State conviction, and 
does not give rise to any obligation or require-
ment applicable to personnel of any agency of 
the Executive Branch of the Federal Govern-
ment. 
‘‘(D) DEFINITION.—For purposes of this 
paragraph, the term ‘crime victim’ means the 
person against whom the State offense is com-
mitted or, if that person is killed or incapaci-
tated, that person’s family member or other 
lawful representative.’’. 
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SEC. 304. STUDY OF INTERSTATE TRACKING OF PERSONS 
CONVICTED OF OR UNDER INVESTIGATION 
FOR CHILD ABUSE. 
(a) STUDY.—The Attorney General shall study the 
establishment of a nationwide interstate tracking system 
of persons convicted of, or under investigation for, child 
abuse. The study shall include an analysis, along with the 
costs and benefits, of various mechanisms for establishing 
an interstate tracking system, and include the extent to 
which existing registries could be used. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Attorney General shall 
report to the Congress the results of the study under this 
section. 
TITLE 
IV—PROTECTION 
AGAINST 
SEXUAL 
EXPLOI-
TATION OF CHILDREN 
SEC. 401. INCREASED PENALTIES FOR SEXUAL OFFENSES 
AGAINST CHILDREN. 
(a) SEXUAL ABUSE AND CONTACT.— 
(1) AGGRAVATED
SEXUAL
ABUSE
OF
CHIL-
DREN.—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.’’. 
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(2) ABUSIVE
SEXUAL
CONTACT
WITH
CHIL-
DREN.—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 sec-
tion’’. 
(3) SEXUAL ABUSE OF CHILDREN RESULTING 
IN DEATH.—Section 2245 of title 18, United States 
Code, is amended— 
(A) by inserting ‘‘, chapter 110, chapter 
117, or section 1591’’ after ‘‘this chapter’’; 
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(B) by striking ‘‘A person’’ and inserting 
‘‘(a) IN GENERAL.—A person’’; and 
(C) by adding at the end the following: 
‘‘(b) OFFENSES INVOLVING YOUNG CHILDREN.—A 
person who, in the course of an offense under this chapter, 
chapter 110, chapter 117, or section 1591 engages in con-
duct that results in the death of a person who has not 
attained the age of 12 years, shall be punished by death 
or imprisoned for not less than 30 years or for life.’’. 
(4) DEATH PENALTY AGGRAVATING FACTOR.— 
Section 3592(c)(1) of title 18, United States Code, 
is amended by inserting ‘‘section 2245 (sexual abuse 
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 insert-
ing ‘‘aggravated sexual abuse, sexual abuse, 
abusive sexual contact involving a minor or 
ward, or sex trafficking of children, or the pro-
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duction, possession, receipt, mailing, sale, dis-
tribution, 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
IN-
VOLVING
THE
SEXUAL
EXPLOITATION
OF
CHIL-
DREN.—Section 2252(b) of title 18, United States 
Code, is amended in paragraph (1)— 
(A) by striking ‘‘paragraphs (1)’’ and in-
serting ‘‘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 CON-
STITUTING 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’’. 
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(4) USING MISLEADING DOMAIN NAMES TO DI-
RECT CHILDREN TO HARMFUL MATERIAL ON THE 
INTERNET.—Section 2252B(b) of title 18, United 
States Code, is amended by striking ‘‘4’’ and insert-
ing ‘‘20’’. 
(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 sub-
section (b)(1) of section 2252.’’. 
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(c) MANDATORY LIFE IMPRISONMENT FOR CERTAIN 
REPEATED SEX OFFENSES AGAINST CHILDREN.—Sec-
tion 3559(e)(2)(A) of title 18, United States Code, is 
amended— 
(1) by striking ‘‘or 2423(a)’’ and inserting 
‘‘2423(a)’’; and 
(2) by inserting ‘‘, 2423(b) (relating to travel 
with intent to engage in illicit sexual conduct), 
2423(c) (relating to illicit sexual conduct in foreign 
places), or 2425 (relating to use of interstate facili-
ties to transmit information about a minor)’’ after 
‘‘minors)’’. 
SEC. 402. SENSE OF CONGRESS WITH RESPECT TO PROS-
ECUTIONS UNDER SECTION 2422(b) OF TITLE 
18, UNITED STATES CODE. 
(a) FINDINGS.—Congress finds that— 
(1) a jury convicted Jan P. Helder, Jr., of 
using a computer to attempt to entice an individual 
who had not attained the age of 18 years to engage 
in unlawful sexual activity; 
(2) during the trial, evidence showed that Jan 
Helder had engaged in an online chat with an indi-
vidual posing as a minor, who unbeknownst to him, 
was an undercover law enforcement officer; 
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(3) notwithstanding, Dean Whipple, District 
Judge for the Western District of Missouri, acquit-
ted Jan Helder, ruling that because he did not, in 
fact, communicate with a minor, he did not commit 
a crime; 
(4) the 9th Circuit Court of Appeals, in United 
States v. Jeffrey Meek, specifically addressed the 
question facing Judge Whipple and concurred with 
the 5th and 11th Circuit Courts in finding that ‘‘an 
actual minor victim is not required for an attempt 
conviction under 18 U.S.C. 2422(b).’’; 
(5) the Department of Justice has successfully 
used evidence obtained through undercover law en-
forcement to prosecute and convict perpetrators who 
attempted to solicit children on the Internet; and 
(6) the Department of Justice states, ‘‘Online 
child pornography/child sexual exploitation is the 
most significant cyber crime problem confronting the 
FBI that involves crimes against children’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) it is a crime under section 2422(b) of title 
18, United States Code, to use a facility of inter-
state commerce to attempt to entice an individual 
who has not attained the age of 18 years into unlaw-
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ful sexual activity, even if the perpetrator incorrectly 
believes that the individual has not attained the age 
of 18 years; 
(2) well-established caselaw has established that 
section 2422(b) of title 18, United States Code, 
criminalizes any attempt to entice a minor into un-
lawful sexual activity, even if the perpetrator incor-
rectly believes that the individual has not attained 
the age of 18 years; 
(3) the Department of Justice should appeal 
Judge Whipple’s decision in United States v. Helder, 
Jr. and aggressively continue to track down and 
prosecute sex offenders on the Internet; and 
(4) Judge Whipple’s decision in United States 
v. Helder, Jr. should be overturned in light of the 
law as it is written, the intent of Congress, and well- 
established caselaw. 
SEC. 403. GRANTS FOR CHILD SEXUAL ABUSE PREVENTION 
PROGRAMS. 
(a) IN GENERAL.—The Attorney General shall make 
grants to States, units of local government, Indian tribes, 
and nonprofit organizations for purposes of establishing 
and maintaining programs with respect to the prevention 
of sexual offenses committed against minors. 
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(b) STATE DEFINED.—For purposes of this section, 
the term ‘‘State’’ means any State of the United States, 
the District of Columbia, the Commonwealth of Puerto 
Rico, the Virgin Islands, American Samoa, Guam, and the 
Northern Mariana Islands. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $10,000,000 for each 
of fiscal years 2007 through 2011 to carry out this sec-
tion. 
TITLE V—FOSTER CHILD PRO-
TECTION AND CHILD SEXUAL 
PREDATOR DETERRENCE 
SEC. 501. 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; SUS-
PENSION AND SUBSEQUENT ELIMINATION OF 
OPT-OUT. 
(a) REQUIREMENT
TO
COMPLETE
BACKGROUND 
CHECKS BEFORE APPROVAL OF ANY FOSTER OR ADOP-
TIVE PLACEMENT AND TO CHECK NATIONAL CRIME IN-
FORMATION DATABASES AND STATE CHILD ABUSE REG-
ISTRIES; SUSPENSION OF OPT-OUT.— 
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(1) REQUIREMENT TO CHECK NATIONAL CRIME 
INFORMATION DATABASES AND STATE CHILD ABUSE 
REGISTRIES.—Section 471(a)(20) of the Social Se-
curity 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 fin-
gerprint-based 
checks 
of 
national 
crime information databases (as de-
fined 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 pay-
ments or adoption assistance pay-
ments 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 be-
half such payments are to be so made’’ 
after ‘‘in any case’’; and 
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(B) by adding at the end the following: 
‘‘(C) provides that the State shall— 
‘‘(I) check any child abuse and neglect reg-
istry 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 par-
ent 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 fi-
nally approved for placement of a child, regard-
less of whether foster care maintenance pay-
ments 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 informa-
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tion 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 sub-
section (a) of this section, is amended— 
(1) in subparagraph (A), in the matter pre-
ceding clause (I), by striking ‘‘unless an election 
provided for in subparagraph (B) is made with re-
spect to the State,’’; and 
(2) by striking subparagraph (B) and redesig-
nating subparagraph (C) as subparagraph (B). 
(c) EFFECTIVE DATE.— 
(1) IN 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 
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quarters beginning on or after such date, without re-
gard to whether regulations to implement the 
amendments are promulgated by such date. 
(2) ELIMINATION
OF
OPT-OUT.—The amend-
ments 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 Se-
curity Act for calendar quarters beginning on or 
after such date, without regard to whether regula-
tions 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 So-
cial 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 fail-
ing to meet any of the additional requirements be-
fore the first day of the first calendar quarter begin-
ning after the first regular session of the State legis-
lature that begins after the otherwise applicable ef-
fective date of the amendments. If the State has a 
2-year legislative session, each year of the session is 
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deemed to be a separate regular session of the State 
legislature. 
SEC. 502. ACCESS TO FEDERAL CRIME INFORMATION DATA-
BASES FOR CERTAIN PURPOSES. 
(a) 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 sec-
tion 534(f)(3)(A) of title 28, United States Code) sub-
mitted by— 
(1) a child welfare agency for the purpose of— 
(A) conducting a background check re-
quired 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 elementary or secondary school, a 
local educational agency, or State educational agency 
in that State, on individuals employed by, under con-
sideration for employment by, or volunteering for the 
school or agency in a position in which the individual 
would work with or around children. 
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(b) FINGERPRINT-BASED CHECK.—Where possible, 
the check shall include a fingerprint-based check of State 
criminal history databases. 
(c) FEES.—The Attorney General and the States 
may charge any applicable fees for the checks. 
(d) PROTECTION OF INFORMATION.—An individual 
having information derived as a result of a check under 
subsection (a) may release that information only to appro-
priate officers of child welfare agencies, private elementary 
or secondary schools, or educational agencies or other per-
sons authorized by law to receive that information. 
(e) CRIMINAL PENALTIES.—An individual who know-
ingly exceeds the authority in subsection (a), or knowingly 
releases information in violation of subsection (d), shall 
be imprisoned not more than 10 years or fined under title 
18, United States Code, or both. 
(f) CHILD WELFARE AGENCY DEFINED.—In this 
section, the term ‘‘child welfare agency’’ means— 
(1) the State or local agency responsible for ad-
ministering 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 pri-
vate 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 
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Act, that is responsible for the licensing or approval 
of foster or adoptive parents. 
(g) DEFINITION
OF EDUCATION TERMS.—In this 
section, the terms ‘‘elementary school’’, ‘‘local educational 
agency’’, ‘‘secondary school’’, and ‘‘State educational 
agency’’ have the meanings given to those terms in section 
9101 of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801). 
(h) TECHNICAL CORRECTION.—Section 534 of title 
28, United States Code, is amended by redesignating the 
second subsection (e) as subsection (f). 
SEC. 503. PENALTIES FOR COERCION AND ENTICEMENT BY 
SEX OFFENDERS. 
Section 2422 of title 18, United States Code, is 
amended— 
(1) in subsection (a), by striking ‘‘or impris-
oned not more than 20 years, or both’’ and inserting 
‘‘and imprisoned not less than 5 years nor more 
than 20 years’’; and 
(2) in subsection (b), by striking ‘‘5’’ and in-
serting ‘‘10’’. 
SEC. 504. PENALTIES FOR CONDUCT RELATING TO CHILD 
PROSTITUTION. 
Section 2423 of title 18, United States Code, is 
amended— 
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(1) in subsection (a), by striking ‘‘5 years and 
not more than 30 years’’ and inserting ‘‘30 years or 
for life’’; 
(2) in subsection (b), by striking ‘‘or impris-
oned not more than 30 years, or both’’ and inserting 
‘‘and imprisoned for not less than 10 years and not 
more than 30 years’’; 
(3) in subsection (c), by striking ‘‘or imprisoned 
not more than 30 years, or both’’ and inserting ‘‘and 
imprisoned for not less than 10 years and not more 
than 30 years’’; and 
(4) in subsection (d), by striking ‘‘imprisoned 
not more than 30 years, or both’’ and inserting ‘‘and 
imprisoned for not less than 10 nor more than 30 
years’’. 
SEC. 505. PENALTIES FOR SEXUAL ABUSE. 
(a) AGGRAVATED SEXUAL ABUSE.—Section 2241 of 
title 18, United States Code, is amended— 
(1) in subsection (a), by striking ‘‘, imprisoned 
for any term of years or life, or both’’ and inserting 
‘‘and imprisoned for any term of years not less than 
30 or for life’’; and 
(2) in subsection (b), by striking ‘‘, imprisoned 
for any term of years or life, or both’’ and inserting 
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‘‘and imprisoned for any term of years not less than 
30 or for life’’. 
(b) 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 im-
prisoned not less than 10 years nor more than 30 years’’. 
(c) ABUSIVE SEXUAL CONTACT.—Section 2244(a) of 
title 18, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘ten years’’ 
and inserting ‘‘30 years’’; 
(2) in paragraph (2), by striking ‘‘three years’’ 
and inserting ‘‘20 years’’; 
(3) in paragraph (3), by striking ‘‘two years’’ 
and inserting ‘‘15 years’’; and 
(4) in paragraph (4), by striking ‘‘two years’’ 
and inserting ‘‘10 years’’. 
SEC. 506. SEX OFFENDER SUBMISSION TO SEARCH AS CON-
DITION OF RELEASE. 
(a) CONDITIONS OF PROBATION.—Section 3563(a) of 
title 18, United States Code, is amended— 
(1) in paragraph (9), by striking the period and 
inserting ‘‘; and’’; and 
(2) by inserting after paragraph (9) the fol-
lowing: 
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‘‘(10) for a person who is a felon or 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 communication or data 
storage devices or media, and effects to search at 
any time, with or without a warrant, by any law en-
forcement or probation officer with reasonable sus-
picion concerning a violation of a condition of proba-
tion or unlawful conduct by the person, and by any 
probation officer in the lawful discharge of the offi-
cer’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 condi-
tion of supervised release for a person who is a felon or 
required to register under the Sex Offender Registration 
and Notification Act, that the person submit his person, 
and any property, house, residence, vehicle, papers, com-
puter, other electronic communications or data storage de-
vices or media, and effects to search at any time, with 
or without a warrant, by any law enforcement or probation 
officer with reasonable suspicion concerning a violation of 
a condition of supervised release or unlawful conduct by 
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the person, and by any probation officer in the lawful dis-
charge of the officer’s supervision functions.’’. 
SEC. 507. KIDNAPPING JURISDICTION. 
Section 1201 of title 18, United States Code, is 
amended— 
(1) in subsection (a)(1), by striking ‘‘if the per-
son was alive when the transportation began’’ and 
inserting ‘‘, or the offender travels in interstate or 
foreign commerce or uses the mail or any means, fa-
cility, or instrumentality of interstate or foreign 
commerce in committing or in furtherance of the 
commission of the offense’’; and 
(2) in subsection (b), by striking ‘‘to interstate’’ 
and inserting ‘‘in interstate’’. 
SEC. 508. MARITAL COMMUNICATION AND ADVERSE SPOUS-
AL PRIVILEGE. 
(a) IN GENERAL.—Chapter 119 of title 28, United 
States Code, is amended by inserting after section 1826 
the following: 
‘‘§ 1826A. Marital communications and adverse spous-
al privilege 
‘‘The confidential marital communication privilege 
and the adverse spousal privilege shall be inapplicable in 
any Federal proceeding in which a spouse is charged with 
a crime against— 
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‘‘(1) a child of either spouse; or 
‘‘(2) a child under the custody or control of ei-
ther spouse.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 119 of title 28, United 
States Code, is amended by inserting after the item relat-
ing to section 1826 the following: 
‘‘1826A. Marital communications and adverse spousal privilege’’. 
SEC. 509. 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. 510. 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 pro-
ceedings’’ 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’’; 
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(B) in the first sentence of subsection (a), 
by inserting ‘‘or at any time after the com-
mencement 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 in-
serting ‘‘sections 4246 and 4248’’; and 
(D) in subsection (e)— 
(I) by inserting ‘‘or other pro-
ceedings’’ after ‘‘trial’’; and 
(ii) by striking ‘‘chapter 207’’ and in-
serting ‘‘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 in-
serting ‘‘4243, 4246, or 4248’’; 
(C) in subsection (a)— 
(I) by amending subparagraph (1)(C) 
to read as follows: 
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‘‘(C) drug, alcohol, and sex offender treat-
ment 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 semi-
colon; and 
(iv) by inserting at the end the fol-
lowing: 
‘‘(4) ‘bodily injury’ includes sexual abuse; 
‘‘(5) ‘sexually dangerous person’ means a per-
son who has engaged or attempted to engage in sex-
ually violent conduct or child molestation and who is 
sexually dangerous to others; and 
‘‘(6) ‘sexually dangerous to others’ means that 
a person suffers from a serious mental illness, ab-
normality, or disorder as a result of which he would 
have serious difficulty in refraining from sexually 
violent conduct or child molestation if released.’’; 
(D) in subsection (b), by striking ‘‘4245 or 
4246’’ and inserting ‘‘4245, 4246, or 4248’’; 
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(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 ‘‘com-
mitted’’; and 
(ii) by striking ‘‘hospitalization’’ each 
place it appears and inserting ‘‘commit-
ment’’ ; 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 Attor-
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ney General or any individual authorized by the Attorney 
General or the Director of the Bureau of Prisons may cer-
tify 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 com-
mitted 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 EXAMINA-
TION AND REPORT.—Prior to the date of the hearing, the 
court may order that a psychiatric or psychological exam-
ination of the defendant be conducted, and that a psy-
chiatric 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 pur-
suant to the provisions of section 4247(d). 
‘‘(d) DETERMINATION AND DISPOSITION.—If, after 
the hearing, the court finds by clear and convincing evi-
dence that the person is a sexually dangerous person, the 
court shall commit the person to the custody of the Attor-
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ney General. The Attorney General shall release the per-
son 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, not-
withstanding 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 responsi-
bility; or 
‘‘(2) the person’s condition is such that he is no 
longer sexually dangerous to others, or will not be 
sexually dangerous to others if released under a pre-
scribed regimen of medical, psychiatric, or psycho-
logical care or treatment; 
whichever is earlier. 
‘‘(e) DISCHARGE.—When the Director of the facility 
in which a person is placed pursuant to subsection (d) de-
termines 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 
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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 at-
torney 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 dis-
charged 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 Di-
rector of the facility in which he is committed, 
and that has been found by the court to be ap-
propriate; and 
‘‘(B) order, as an explicit condition of re-
lease, that he comply with the prescribed regi-
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men of medical, psychiatric, or psychological 
care or treatment. 
The court at any time may, after a hearing employ-
ing the same criteria, modify or eliminate the regi-
men 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 no-
tice, or upon other probable cause to believe that the per-
son 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, de-
termine whether the person should be remanded to a suit-
able facility on the ground that he is sexually dangerous 
to others in light of his failure to comply with the pre-
scribed regimen of medical, psychiatric, or psychological 
care or treatment. 
‘‘(g) RELEASE TO STATE OF CERTAIN OTHER PER-
SONS.—If the director of the facility in which a person 
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is hospitalized or placed pursuant to this chapter certifies 
to the Attorney General that a person, against whom all 
charges have been dismissed for reasons not related to the 
mental condition of the person, is a sexually dangerous 
person, the Attorney General shall release the person to 
the appropriate official of the State in which the person 
is domiciled or was tried for the purpose of institution of 
State proceedings for civil commitment. If neither such 
State will assume such responsibility, the Attorney Gen-
eral 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.’’. 
SEC. 511. JIMMY RYCE STATE CIVIL COMMITMENT PRO-
GRAMS FOR SEXUALLY DANGEROUS PER-
SONS. 
(a) GRANTS AUTHORIZED.—Except as provided in 
subsection (b), the Attorney General shall make grants to 
jurisdictions for the purpose of establishing, enhancing, or 
operating effective civil commitment programs for sexually 
dangerous persons. 
(b) LIMITATION.—The Attorney General shall not 
make any grant under this section for the purpose of es-
tablishing, enhancing, or operating any transitional hous-
ing for a sexually dangerous person in or near a locations 
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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 must, 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 Attor-
ney General; or 
(B) submit a plan for the establishment of 
such a program. 
(2) COMPLIANCE PERIOD.—The compliance pe-
riod 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 con-
siders such an extension to be appropriate. 
(d) ATTORNEY GENERAL REPORTS.—Not later than 
January 31 of each year, beginning with 2008, the Attor-
ney General shall submit to the Committee on the Judici-
ary of the Senate and the Committee on the Judiciary of 
the House of Representatives a report on the progress of 
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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 ap-
propriate 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 an individual who is dangerous to others be-
cause of a mental illness, abnormality, or disorder 
that creates a risk that the individual will engage in 
sexually violent conduct or child molestation. 
(3) The term ‘‘jurisdiction’’ has the meaning 
given such term in section 111. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$10,000,000 for each of fiscal years 2006, 2007, 2008, 
and 2009. 
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SEC. 512. 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 in-
serting ‘‘and imprisonment’’; 
(B) by inserting ‘‘not less than 10’’ after 
‘‘any term of years’’; and 
(C) by striking ‘‘, or both’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘or imprisonment for not’’ 
and inserting ‘‘and imprisonment for not less 
than 5 years nor’’; and 
(B) by striking ‘‘, or both’’. 
SEC. 513. 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 Gen-
eral’’ each place it appears. 
SEC. 514. NO LIMITATION FOR PROSECUTION OF FELONY 
SEX OFFENSES. 
Chapter 213 of title 18, United States Code, is 
amended— 
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(1) by adding at the end the following: 
‘‘§ 3298. 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, 
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: 
‘‘3298. Child abduction and sex offenses’’. 
SEC. 515. CHILD ABUSE REPORTING. 
Section 2258 of title 18, United States Code, is 
amended by striking ‘‘Class B misdemeanor’’ and insert-
ing ‘‘Class A misdemeanor’’. 
TITLE VI—CHILD 
PORNOGRAPHY PREVENTION 
SEC. 601. FINDINGS. 
Congress makes the following findings: 
(1) The effect of the intrastate production, 
transportation, distribution, receipt, advertising, and 
possession of child pornography on interstate market 
in child pornography. 
(A) The illegal production, transportation, 
distribution, receipt, advertising and possession 
of child pornography, as defined in section 
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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 nation-
wide 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 expecta-
tion of receiving other child pornography in re-
turn. 
(C) The interstate market in child pornog-
raphy 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 cam-
eras and digital video cameras, as well as video-
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tape cameras, has greatly increased the ease of 
producing child pornography. The advent of in-
expensive 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 un-
fortunate result of greatly increasing the inter-
state 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 pro-
duction of child pornography, have a substantial 
and direct effect upon interstate commerce be-
cause: 
(I) Some persons engaged in the pro-
duction, transportation, distribution, re-
ceipt, advertising, and possession of child 
pornography conduct such activities en-
tirely within the boundaries of one state. 
These persons are unlikely to be content 
with the amount of child pornography they 
produce, transport, distribute, receive, ad-
vertise, or possess. These persons are 
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therefore likely to enter the interstate mar-
ket in child pornography in search of addi-
tional child pornography, thereby stimu-
lating 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 por-
nography, they are likely to distribute the 
child pornography they already produce, 
transport, distribute, receive, advertise, or 
possess to persons who will distribute addi-
tional 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 trace-
able, and enters the interstate market sur-
reptitiously. This child pornography sup-
ports demand in the interstate market in 
child pornography and is essential to its 
existence. 
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(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 activi-
ties to cease all such activities, thereby reducing 
both supply and demand in the interstate mar-
ket for child pornography. 
(F) Federal control of the intrastate inci-
dents of the production, transportation, dis-
tribution, 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 re-
lated media. 
(B) Child pornography is not entitled to 
protection under the First Amendment and 
thus may be prohibited. 
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(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 viola-
tion of the privacy of the victims and a repeti-
tion of their abuse. 
(E) Child pornography constitutes prima 
facie contraband, and as such should not be dis-
tributed to, or copied by, child pornography de-
fendants or their attorneys. 
(F) It is imperative to prohibit the repro-
duction of child pornography in criminal cases 
so as to avoid repeated violation and abuse of 
victims, so long as the government makes rea-
sonable accommodations for the inspection, 
viewing, and examination of such material for 
the purposes of mounting a criminal defense. 
SEC. 602. STRENGTHENING SECTION 2257 TO ENSURE THAT 
CHILDREN ARE NOT EXPLOITED IN THE PRO-
DUCTION OF PORNOGRAPHY. 
Section 2257(h) of title 18, United States Code, is 
amended— 
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(1) in paragraph (1), by striking ‘‘subpara-
graphs (A) through (D)’’ and inserting ‘‘subpara-
graph (A)’’; and 
(2) in paragraph (3), by striking ‘‘which does 
not involve’’ and all that follows through ‘‘depicted’’ 
and inserting ‘‘with respect to which the Attorney 
General determines the record keeping requirements 
of this section are not needed to carry out the pur-
poses of this chapter’’. 
SEC. 603. ADDITIONAL RECORDKEEPING REQUIREMENTS. 
(a) NEW REQUIREMENT.— 
(1) IN
GENERAL.—Title 18, United States 
Code, is amended by inserting after section 2257 the 
following: 
‘‘§ 2257A. Recordkeeping requirements for simulated 
sexual conduct 
‘‘(a) Whoever produces any book, magazine, peri-
odical, film, videotape, or other matter which— 
‘‘(1) contains a visual depiction of simulated 
sexually explicit conduct (except conduct described in 
section 2256(2)(A)(v)), created after the date of the 
enactment of this section; and 
‘‘(2) is produced in whole or in part with mate-
rials which have been mailed or shipped in interstate 
or foreign commerce, or is shipped or transported or 
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is intended for shipment or transportation in inter-
state or foreign commerce; 
shall create and maintain individually identifiable records 
pertaining to every performer portrayed in such a visual 
depiction. 
‘‘(b) Subsections (b), (c), (d), (e), (f), (h)(2), and (I) 
of section 2257 apply to matter and records described in 
subsection (a) of this section in the same manner as they 
apply to matter and records described in section 2257(a). 
‘‘(c) As used in this section, the term ‘produces’ 
means— 
‘‘(1) to film, videotape, photograph; or create a 
picture, digital image, or digitally- or computer-ma-
nipulated image of an actual human being, that con-
stitutes a visual depiction of simulated sexually ex-
plicit conduct; or 
‘‘(2) to make such a depiction available to an-
other, if the circumstances in which the depiction is 
made available are likely to convey the impression 
that the depiction is child pornography. 
‘‘(d) This section (other than to the extent subsection 
(b) of this section makes section 2257(d) applicable) does 
not apply to a person who produces matter described in 
subsection (a), and who— 
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‘‘(1) ascertains, by examination of an identifica-
tion document containing such information, the 
name and birth date of every performer portrayed in 
such a visual depiction, and maintains such informa-
tion in individually identifiable records; 
‘‘(2) makes such records available to the Attor-
ney General for inspection at all reasonable times; 
‘‘(3) provides to the Attorney General the 
name, title, and business address of the individual 
employed for the purpose of maintaining such 
records; and 
‘‘(4) certifies compliance with paragraphs (1), 
(2), and (3) to the Attorney General on an annual 
basis, and that the Attorney General will be prompt-
ly notified of any changes in that name, title, or 
business address.’’. 
(2) EFFECTIVE DATE OF REGULATIONS.—The 
regulations issued to carry out section 2257A of title 
18, United States Code, shall not become effective 
until 90 days after the regulations are published in 
the Federal Register. 
(b) CLERICAL AMENDMENT.—The table of chapters 
at the beginning of chapter 110 of title 18, United States 
Code, is amended by inserting after the item relating to 
section 2257 the following new item: 
‘‘2257A. Recordkeeping requirements for simulated sexual conduct’’. 
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SEC. 604. PREVENTION OF DISTRIBUTION OF CHILD POR-
NOGRAPHY USED AS EVIDENCE IN PROSECU-
TIONS. 
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) must remain in 
the care, custody, and control of either the Govern-
ment or the court. 
‘‘(2)(A) Notwithstanding Rule 16 of the Fed-
eral Rules of Criminal Procedure, a court shall deny, 
in any criminal proceeding, any request by the de-
fendant 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 de-
fendant. 
‘‘(B) For the purposes of subparagraph (A), 
property or material shall be deemed to be reason-
ably available to the defendant if the Government 
provides ample opportunity for inspection, viewing, 
and examination at a Government facility of the 
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property or material by the defendant, his or her at-
torney, aid any individual the defendant may seek to 
qualify to furnish expert testimony at trial.’’. 
SEC. 605. AUTHORIZING CIVIL AND CRIMINAL ASSET FOR-
FEITURE IN CHILD EXPLOITATION AND OB-
SCENITY CASES. 
(a) CONFORMING FORFEITURE PROCEDURES
FOR 
OBSCENITY OFFENSES.—Section 1467 of title 18, United 
States Code, is amended— 
(1) in subsection (a)(3), by inserting a period 
after ‘‘of such offense’’ and striking all that follows; 
and 
(2) by striking subsections (b) through (n) and 
inserting the following: 
‘‘(b) The provisions of section 413 of the Controlled 
Substances Act (21 U.S.C. 853) with the exception of sub-
section (d), shall apply to the criminal forfeiture of prop-
erty 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
FOR-
FEITURE.—Section 2253(a) of title 18, United States 
Code, is amended— 
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(1) in the matter preceding paragraph (1)— 
(A) by inserting ‘‘or who is convicted of an 
offense under sections 2252B, 2257, or 2257A 
of this chapter,’’ after ‘‘2260 of this chapter’’; 
and 
(B) by striking ‘‘an offense under section 
2421, 2422, or 2423 of chapter 117’’ and in-
serting ‘‘an offense under chapter 109A’’; 
(2) in paragraph (1), by inserting ‘‘2252A, 
2252B, 2257, or 2257A’’ after ‘‘2252’’; and 
(3) in paragraph (3), by inserting ‘‘or any prop-
erty traceable to such property’’ before the period. 
(c) CRIMINAL FORFEITURE PROCEDURE.—Section 
2253 of title 18, United States Code, is amended by strik-
ing subsections (b) through (o) and inserting the fol-
lowing: 
‘‘(b) Section 413 of the Controlled Substances Act 
(21 U.S.C. 853) with the exception of subsection (d), ap-
plies 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 sec-
tion 2253 may be forfeited to the United States in a civil 
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case in accordance with the procedures set forth in chapter 
46.’’. 
SEC. 606. PROHIBITING THE PRODUCTION OF OBSCENITY 
AS WELL AS TRANSPORTATION, DISTRIBU-
TION, 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 trav-
els 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 
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(3) in subsection (b) by inserting ‘‘production,’’ 
before ‘‘selling or transferring or offering to sell or 
transfer such material.’’. 
SEC. 607. GUARDIANS AD LITEM. 
Section 3509(h)(1) of title 18, United States Code, 
is amended by inserting ‘‘, and provide reasonable com-
pensation and payment of expenses for,’’ before ‘‘a guard-
ian’’. 
TITLE VII—COURT SECURITY 
SEC. 701. JUDICIAL BRANCH SECURITY REQUIREMENTS. 
(a) ENSURING CONSULTATION WITH THE ADMINIS-
TRATIVE OFFICE OF THE UNITED STATES COURTS.—Sec-
tion 566 of title 28, United States Code, is amended by 
adding at the end the following: 
‘‘(I) The United States Marshals Service shall consult 
with the Administrative Office of the United States Courts 
on a continuing basis regarding the security requirements 
for the judicial branch and inform the Administrative Of-
fice of the measures the Marshals Service intends to take 
to meet those requirements.’’. 
(b) CONFORMING AMENDMENT.—Section 604(a) of 
title 28, United States Code, is amended— 
(1) by redesignating existing paragraph (24) as 
paragraph (25); 
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(2) by striking ‘‘and’’ at the end of paragraph 
(23); and 
(3) by inserting after paragraph (23) the fol-
lowing: 
‘‘(24) Consult with the United States Marshals 
Service on a continuing basis regarding the security 
requirements for the Judicial Branch; and’’. 
SEC. 702. ADDITIONAL AMOUNTS FOR UNITED STATES MAR-
SHALS SERVICE TO PROTECT THE JUDICI-
ARY. 
In addition to any other amounts authorized to be 
appropriated for the United States Marshals Service, 
there are authorized to be appropriated for the United 
States Marshals Service to protect the judiciary, 
$20,000,000 for each of fiscal years 2006 through 2010 
for— 
(1) hiring entry-level deputy marshals for pro-
viding judicial security; 
(2) hiring senior-level deputy marshals for in-
vestigating threats to the judiciary and providing 
protective details to members of the judiciary and 
Assistant United States Attorneys; and 
(3) for the Office of Protective Intelligence, for 
hiring senior-level deputy marshals, hiring program 
analysts, and providing secure computer systems. 
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SEC. 703. PROTECTIONS AGAINST MALICIOUS RECORDING 
OF FICTITIOUS LIENS AGAINST FEDERAL 
JUDGES AND FEDERAL LAW ENFORCEMENT 
OFFICERS. 
(a) OFFENSE.—Chapter 73 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘§ 1521. Retaliating against a Federal official by false 
claim or slander of title 
‘‘Whoever, with the intent to harass or intimidate a 
person designated in section 1114, files, or attempts or 
conspires to file, in any public record or in any private 
record which is generally available to the public, any false 
lien or encumbrance against the real or personal property 
of that person, on account of the performance of official 
duties by that person, shall be fined under this title or 
imprisoned for not more than 10 years, or both.’’. 
(b) CLERICAL AMENDMENT.—The chapter analysis 
for chapter 73 of title 18, United States Code, is amended 
by adding at the end the following new item: 
‘‘1521. Retaliating against a Federal judge or Federal law enforcement officer 
by false claim or slander of title.’’. 
SEC. 704. PROTECTION OF INDIVIDUALS PERFORMING CER-
TAIN OFFICIAL DUTIES. 
(a) OFFENSE.—Chapter 7 of title 18, United States 
Code, is amended by adding at the end the following: 
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‘‘§ 117. Protection of individuals performing certain 
official duties 
‘‘(a) Whoever knowingly makes restricted personal in-
formation about a covered official, or a member of the im-
mediate family of that covered official, publicly available, 
with the intent that such restricted personal information 
be used to intimidate or facilitate the commission of a 
crime of violence (as defined in section 16) against that 
covered official, or a member of the immediate family of 
that covered official, shall be fined under this title and 
imprisoned not more than 5 years, or both. 
‘‘(b) As used in this section— 
‘‘(1) the term ‘restricted personal information’ 
means, with respect to an individual, the Social Se-
curity number, the home address, home phone num-
ber, mobile phone number, personal email, or home 
fax number of, and identifiable to, that individual; 
‘‘(2) the term ‘covered official’ means— 
‘‘(A) an individual designated in section 
1114; 
‘‘(B) a public safety officer (as that term 
is defined in section 1204 of the Omnibus 
Crime Control and Safe Streets Act of 1968); 
or 
‘‘(C) a grand or petit juror, witness, or 
other officer in or of, any court of the United 
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States, or an officer who may be serving at any 
examination or other proceeding before any 
United States magistrate judge or other com-
mitting magistrate; and 
‘‘(3) the term ‘immediate family’ has the same 
meaning given that term in section 115(c)(2).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 7 of title 18, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘117. Protection of individuals performing certain official duties’’. 
SEC. 705. REPORT ON SECURITY OF FEDERAL PROSECU-
TORS. 
Not later than 90 days after the date of the enact-
ment of this Act, the Attorney General shall submit to 
the Committee on the Judiciary of the House of Rep-
resentatives and the Committee on the Judiciary of the 
Senate a report on the security of assistant United States 
attorneys and other Federal attorneys arising from the 
prosecution of terrorists, violent criminal gangs, drug traf-
fickers, gun traffickers, white supremacists, and those who 
commit fraud and other white-collar offenses. The report 
shall describe each of the following: 
(1) The number and nature of threats and as-
saults against attorneys handling those prosecutions 
and the reporting requirements and methods. 
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(2) The security measures that are in place to 
protect the attorneys who are handling those pros-
ecutions, including measures such as threat assess-
ments, response procedures, availability of security 
systems and other devices, firearms licensing (depu-
tations), and other measures designed to protect the 
attorneys and their families. 
(3) The Department of Justice’s firearms depu-
tation policies, including the number of attorneys 
deputized and the time between receipt of threat and 
completion of the deputation and training process. 
(4) For each measure covered by paragraphs 
(1) through (3), when the report or measure was de-
veloped and who was responsible for developing and 
implementing the report or measure. 
(5) The programs that are made available to 
the attorneys for personal security training, includ-
ing training relating to limitations on public infor-
mation disclosure, basic home security, firearms 
handling and safety, family safety, mail handling, 
counter-surveillance, and self-defense tactics. 
(6) The measures that are taken to provide the 
attorneys with secure parking facilities, and how pri-
orities for such facilities are established— 
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(A) among Federal employees within the 
facility; 
(B) among Department of Justice employ-
ees within the facility; and 
(C) among attorneys within the facility. 
(7) The frequency such attorneys are called 
upon to work beyond standard work hours and the 
security measures provided to protect attorneys at 
such times during travel between office and available 
parking facilities. 
(8) With respect to attorneys who are licensed 
under State laws to carry firearms, the Department 
of Justice’s policy as to— 
(A) carrying the firearm between available 
parking and office buildings; 
(B) securing the weapon at the office 
buildings; and 
(C) equipment and training provided to fa-
cilitate safe storage at Department of Justice 
facilities. 
(9) The offices in the Department of Justice 
that are responsible for ensuring the security of the 
attorneys, the organization and staffing of the of-
fices, and the manner in which the offices coordinate 
with offices in specific districts. 
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(10) The role, if any, that the United States 
Marshals Service or any other Department of Jus-
tice component plays in protecting, or providing se-
curity services or training for, the attorneys. 
SEC. 706. FLIGHT TO AVOID PROSECUTION FOR KILLING 
PEACE OFFICERS. 
(a) FLIGHT.—Chapter 49 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘§ 1075. Flight to avoid prosecution for killing peace 
officers 
‘‘Whoever moves or travels in interstate or foreign 
commerce with intent to avoid prosecution, or custody or 
confinement after conviction, under the laws of the place 
from which he flees or under section 1114 or 1123, for 
a crime consisting of the killing, an attempted killing, or 
a conspiracy to kill, an individual involved in crime and 
juvenile delinquency control or reduction, or enforcement 
of the laws or for a crime punishable by section 1114 or 
1123, shall be fined under this title and imprisoned, in 
addition to any other imprisonment for the underlying of-
fense, for any term of years not less than 10.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 49 of title 18, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘1075. Flight to avoid prosecution for killing peace officers’’. 
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SEC. 707. SPECIAL PENALTIES FOR MURDER, KIDNAPPING, 
AND RELATED CRIMES AGAINST FEDERAL 
JUDGES AND FEDERAL LAW ENFORCEMENT 
OFFICERS. 
(a) MURDER.—Section 1114 of title 18, United 
States Code, is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; and 
(2) by adding at the end the following: 
‘‘(b) If the victim of a murder punishable under this 
section is a United States judge (as defined in section 
115) or a Federal law enforcement officer (as defined in 
115) the offender shall be punished by a fine under this 
title and imprisonment for any term of years not less than 
30, or for life, or, if death results, may be sentenced to 
death.’’. 
(b) KIDNAPPING.—Section 1201(a) of title 18, 
United States Code, is amended by adding at the end the 
following: ‘‘If the victim of the offense punishable under 
this subsection is a United States judge (as defined in sec-
tion 115) or a Federal law enforcement officer (as defined 
in 115) the offender shall be punished by a fine under 
this title and imprisonment for any term of years not less 
than 30, or for life, or, if death results, may be sentenced 
to death.’’. 
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SEC. 708. AUTHORITY OF FEDERAL JUDGES AND PROSECU-
TORS TO CARRY FIREARMS. 
(a) IN GENERAL.—Chapter 203 of title 18, United 
States Code, is amended by inserting after section 3053 
the following: 
‘‘§ 3054. Authority of Federal judges and prosecutors 
to carry firearms 
‘‘Any justice of the United States or judge of the 
United States (as defined in section 451 of title 28), any 
judge of a court created under article I of the United 
States Constitution, any bankruptcy judge, any magistrate 
judge, any United States attorney, and any other officer 
or employee of the Department of Justice whose duties 
include representing the United States in a court of law, 
may carry firearms, subject to such regulations as the At-
torney General shall prescribe. Such regulations may pro-
vide for training and regular certification in the use of 
firearms and shall, with respect to justices, judges, bank-
ruptcy judges, and magistrate judges, be prescribed after 
consultation with the Judicial Conference of the United 
States.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for such chapter is amended by inserting after the item 
relating to section 3053 the following: 
‘‘3054. Authority of Federal judges and prosecutors to carry firearms’’. 
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SEC. 709. PENALTIES FOR CERTAIN ASSAULTS. 
Section 111 of title 18, United States Code, is 
amended— 
(1) by striking ‘‘8 years’’ and inserting ‘‘15 
years’’ in subsection (a); and 
(2) by striking ‘‘20 years’’ and inserting ‘‘30 
years’’ in subsection (b). 
SEC. 710. DAVID MARCH AND HENRY PRENDES PROTEC-
TION OF FEDERALLY FUNDED PUBLIC SAFE-
TY OFFICERS. 
(a) OFFENSE.—Chapter 51 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘§ 1123. Killing of federally funded public safety offi-
cers 
‘‘(a) Whoever kills, or attempts or conspires to kill, 
a federally funded public safety officer while that officer 
is engaged in official duties, or on account of the perform-
ance of official duties, or kills a former federally funded 
public safety officer on account of the past performance 
of official duties, shall be punished by a fine under this 
title and imprisonment for any term of years not less than 
30, or for life, or, if death results and the offender is pros-
ecuted as a principal, may be sentenced to death. 
‘‘(b) As used in this section— 
‘‘(1) the term ‘federally funded public safety of-
ficer’ means a public safety officer for a public agen-
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cy (including a court system, the National Guard of 
a State to the extent the personnel of that National 
Guard are not in Federal service, and the defense 
forces of a State authorized by section 109 of title 
32) that receives Federal financial assistance, of an 
entity that is a State of the United States, the Dis-
trict of Columbia, the Commonwealth of Puerto 
Rico, the Virgin Islands of the United States, Guam, 
American Samoa, the Trust Territory of the Pacific 
Islands, the Commonwealth of the Northern Mar-
iana Islands, or any territory or possession of the 
United States, an Indian tribe, or a unit of local 
government of that entity; 
‘‘(2) the term ‘public safety officer’ means an 
individual serving a public agency in an official ca-
pacity, as a judicial officer, as a law enforcement of-
ficer, as a firefighter, as a chaplain, or as a member 
of a rescue squad or ambulance crew; 
‘‘(3) the term ‘judicial officer’ means a judge or 
other officer or employee of a court, including pros-
ecutors, court security, pretrial services officers, 
court reporters, and corrections, probation, and pa-
role officers; and 
‘‘(4) the term ‘firefighter’ includes an individual 
serving as an official recognized or designated mem-
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ber of a legally organized volunteer fire department 
and an officially recognized or designated public em-
ployee member of a rescue squad or ambulance crew; 
and 
‘‘(5) the term ‘law enforcement officer’ means 
an individual, with arrest powers, involved in crime 
and juvenile delinquency control or reduction, or en-
forcement of the laws.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 51 of title 18, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘1123. Killing of federally funded public safety officers’’. 
SEC. 711. MODIFICATION OF DEFINITION OF OFFENSE AND 
OF THE PENALTIES FOR, INFLUENCING OR 
INJURING OFFICER OR JUROR GENERALLY. 
Section 1503 of title 18, United States Code, is 
amended— 
(1) so that subsection (a) reads as follows: 
‘‘(a)(1) Whoever— 
‘‘(A) corruptly, or by threats of force or force, 
endeavors to influence, intimidate, or impede a juror 
or officer in a judicial proceeding in the discharge of 
that juror or officer’s duty; 
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‘‘(B) injures a juror or an officer in a judicial 
proceeding arising out of the performance of official 
duties as such juror or officer; or 
‘‘(C) corruptly, or by threats of force or force, 
obstructs, or impedes, or endeavors to influence, ob-
struct, or impede, the due administration of justice; 
or attempts or conspires to do so, shall be punished as 
provided in subsection (b). 
‘‘(2) As used in this section, the term ‘juror or officer 
in a judicial proceeding’ means a grand or petit juror, or 
other officer in or of any court of the United States, or 
an officer who may be serving at any examination or other 
proceeding before any United States magistrate judge or 
other committing magistrate.’’; and 
(2) in subsection (b), by striking paragraphs 
(1) through (3) and inserting the following: 
‘‘(1) in the case of a killing, or an attempt or 
a conspiracy to kill, the punishment provided in sec-
tion 1111, 1112, 1113, and 1117; and 
‘‘(2) in any other case, a fine under this title 
and imprisonment for not more than 30 years.’’. 
SEC. 712. MODIFICATION OF TAMPERING WITH A WITNESS, 
VICTIM, OR AN INFORMANT OFFENSE. 
(a) CHANGES IN PENALTIES.—Section 1512 of title 
18, United States Code, is amended— 
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(1) in each of paragraphs (1) and (2) of sub-
section (a), insert ‘‘or conspires’’ after ‘‘attempts’’; 
(2) so that subparagraph (A) of subsection 
(a)(3) reads as follows: 
‘‘(A) in the case of a killing, the punishment 
provided in sections 1111 and 1112;’’; 
(3) in subsection (a)(3)— 
(A) in the matter following clause (ii) of 
subparagraph (B) by striking ‘‘20 years’’ and 
inserting ‘‘30 years’’; and 
(B) in subparagraph (C), by striking ‘‘10 
years’’ and inserting ‘‘20 years’’; 
(4) in subsection (b), by striking ‘‘ten years’’ 
and inserting ‘‘30 years’’; and 
(5) in subsection (d), by striking ‘‘one year’’ 
and inserting ‘‘20 years’’. 
SEC. 713. MODIFICATION OF RETALIATION OFFENSE. 
Section 1513 of title 18, United States Code, is 
amended— 
(1) in subsection (a)(1), by inserting ‘‘or con-
spires’’ after ‘‘attempts’’; 
(2) in subsection (a)(1)(B)— 
(A) by inserting a comma after ‘‘proba-
tion’’; and 
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(B) by striking the comma which imme-
diately follows another comma; 
(3) in subsection (a)(2)(B), by striking ‘‘20 
years’’ and inserting ‘‘30 years’’; 
(4) in subsection (b), by striking ‘‘ten years’’ 
and inserting ‘‘30 years’’; 
(5) in the first subsection (e), by striking ‘‘10 
years’’ and inserting ‘‘30 years’’; and 
(6) by redesignating the second subsection (e) 
as subsection (f). 
SEC. 714. INCLUSION OF INTIMIDATION AND RETALIATION 
AGAINST WITNESSES IN STATE PROSECU-
TIONS AS BASIS FOR FEDERAL PROSECU-
TION. 
Section 1952 of title 18, United States Code, is 
amended in subsection (b)(2), by inserting ‘‘intimidation 
of, or retaliation against, a witness, victim, juror, or in-
formant,’’ after ‘‘extortion, bribery,’’. 
SEC. 715. CLARIFICATION OF VENUE FOR RETALIATION 
AGAINST A WITNESS. 
Section 1513 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(g) A prosecution under this section may be brought 
in the district in which the official proceeding (whether 
or not pending, about to be instituted or completed) was 
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intended to be affected or was completed, or in which the 
conduct constituting the alleged offense occurred.’’. 
SEC. 716. PROHIBITION OF POSSESSION OF DANGEROUS 
WEAPONS IN FEDERAL COURT FACILITIES. 
Section 930(e)(1) of title 18, United States Code, is 
amended by inserting ‘‘or other dangerous weapon’’ after 
‘‘firearm’’. 
SEC. 717. GENERAL MODIFICATIONS OF FEDERAL MURDER 
CRIME AND RELATED CRIMES. 
(a) MURDER AMENDMENTS.—Section 1111 of title 
18, United States Code, is amended in subsection (b) by 
inserting ‘‘not less than 30’’ after ‘‘any term of years’’. 
(b) 
MANSLAUGHTER
AMENDMENTS.—Section 
1112(b) of title 18, United States Code, is amended— 
(1) by striking ‘‘ten years’’ and inserting ‘‘20 
years’’; and 
(2) by striking ‘‘six years’’ and inserting ‘‘10 
years’’. 
SEC. 718. WITNESS PROTECTION GRANT PROGRAM. 
Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended by inserting after part 
BB (42 U.S.C. 3797j et seq.) the following new part: 
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‘‘PART CC—WITNESS PROTECTION GRANTS 
‘‘SEC. 2811. PROGRAM AUTHORIZED. 
‘‘(a) IN GENERAL.—From amounts made available to 
carry out this part, the Attorney General may make grants 
to States, units of local government, and Indian tribes to 
create and expand witness protection programs in order 
to prevent threats, intimidation, and retaliation against 
victims of, and witnesses to, crimes. 
‘‘(b) USES OF FUNDS.—Grants awarded under this 
part shall be— 
‘‘(1) distributed directly to the State, unit of 
local government, or Indian tribe; and 
‘‘(2) used for the creation and expansion of wit-
ness protection programs in the jurisdiction of the 
grantee. 
‘‘(c) PREFERENTIAL CONSIDERATION.—In awarding 
grants under this part, the Attorney General may give 
preferential consideration, if feasible, to an application 
from a jurisdiction that— 
‘‘(1) has the greatest need for witness and vic-
tim protection programs; 
‘‘(2) has a serious violent crime problem in the 
jurisdiction; 
‘‘(3) has had, or is likely to have, instances of 
threats, intimidation, and retaliation against victims 
of, and witnesses to, crimes; and 
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‘‘(4) shares an international border and faces a 
demonstrable threat from cross border crime and vi-
olence. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$20,000,000 for each of fiscal years 2006 through 2010.’’. 
SEC. 719. FUNDING FOR STATE COURTS TO ASSESS AND EN-
HANCE COURT SECURITY AND EMERGENCY 
PREPAREDNESS. 
(a) IN GENERAL.—The Attorney General, through 
the Office of Justice Programs, shall make grants under 
this section to the highest State courts in States partici-
pating in the program, for the purpose of enabling such 
courts— 
(1) to conduct assessments focused on the es-
sential elements for effective courtroom safety and 
security planning; and 
(2) to implement changes deemed necessary as 
a result of the assessments. 
(b) ESSENTIAL ELEMENTS.—As used in subsection 
(a)(1), the essential elements include, but are not limited 
to— 
(1) operational security and standard operating 
procedures; 
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(2) facility security planning and self-audit sur-
veys of court facilities; 
(3) emergency preparedness and response and 
continuity of operations; 
(4) disaster recovery and the essential elements 
of a plan; 
(5) threat assessment; 
(6) incident reporting; 
(7) security equipment; 
(8) developing resources and building partner-
ships; and 
(9) new courthouse design. 
(c) APPLICATIONS.—To be eligible for a grant under 
this section, a highest State court shall submit to the At-
torney General an application at such time, in such form, 
and including such information and assurances as the At-
torney General shall require. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$20,000,000 for each of fiscal years 2006 through 2010. 
SEC. 720. GRANTS TO STATES FOR THREAT ASSESSMENT 
DATABASES. 
(a) In General.—The Attorney General, through the 
Office of Justice Programs, shall make grants under this 
section to the highest State courts in States participating 
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in the program, for the purpose of enabling such courts 
to establish and maintain a threat assessment database 
described in subsection (b). 
(b) DATABASE.—For purposes of subsection (a), a 
threat assessment database is a database through which 
a State can— 
(1) analyze trends and patterns in domestic ter-
rorism and crime; 
(2) project the probabilities that specific acts of 
domestic terrorism or crime will occur; and 
(3) develop measures and procedures that can 
effectively reduce the probabilities that those acts 
will occur. 
(c) CORE ELEMENTS.—The Attorney General shall 
define a core set of data elements to be used by each data-
base funded by this section so that the information in the 
database can be effectively shared with other States and 
with the Department of Justice. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for each of fiscal years 
2006 through 2009. 
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SEC. 721. GRANTS TO STATES TO PROTECT WITNESSES AND 
VICTIMS OF CRIMES. 
(a) IN GENERAL.—Section 31702 of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 
U.S.C. 13862) is amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(5) to create and expand witness and victim 
protection programs to prevent threats, intimidation, 
and retaliation against victims of, and witnesses to, 
violent crimes.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
31707 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 13867) is amended to read as 
follows: 
‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There 
are 
authorized 
to 
be 
appropriated 
$20,000,000 for each of the fiscal years 2006 through 
2010 to carry out this subtitle.’’. 
SEC. 722. GRANTS FOR YOUNG WITNESS ASSISTANCE. 
(a) DEFINITIONS.—For purposes of this section: 
(1) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Bureau of Justice Assistance. 
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(2) JUVENILE.—The term ‘‘juvenile’’ means an 
individual who is 17 years of age or younger. 
(3) YOUNG ADULT.—The term ‘‘young adult’’ 
means an individual who is between the ages of 18 
and 21. 
(4) STATE.—The term ‘‘State’’ means any 
State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Virgin Is-
lands, American Samoa, Guam, and the Northern 
Mariana Islands. 
(b) PROGRAM AUTHORIZATION.—The Director may 
make grants to State and local prosecutors and law en-
forcement agencies in support of juvenile and young adult 
witness assistance programs, including State and local 
prosecutors and law enforcement agencies that have exist-
ing juvenile and adult witness assistance programs. 
(c) ELIGIBILITY.—To be eligible to receive a grant 
under this section, State and local prosecutors and law 
enforcement officials shall— 
(1) submit an application to the Director in 
such form and containing such information as the 
Director may reasonably require; and 
(2) give assurances that each applicant has de-
veloped, or is in the process of developing, a witness 
assistance program that specifically targets the 
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unique needs of juvenile and young adult witnesses 
and their families. 
(d) USE OF FUNDS.—Grants made available under 
this section may be used— 
(1) to assess the needs of juvenile and young 
adult witnesses; 
(2) to develop appropriate program goals and 
objectives; and 
(3) to develop and administer a variety of wit-
ness assistance services, which includes— 
(A) counseling services to young witnesses 
dealing with trauma associated in witnessing a 
violent crime; 
(B) pre- and post-trial assistance for the 
youth and their family; 
(C) providing education services if the 
child is removed from or changes their school 
for safety concerns; 
(D) support for young witnesses who are 
trying to leave a criminal gang and information 
to prevent initial gang recruitment. 
(E) protective services for young witnesses 
and their families when a serious threat of 
harm from the perpetrators or their associates 
is made; and 
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