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contains a visual depiction of sexually ex-
plicit conduct; or
‘‘(iii) inserting on a computer site or
service a digital image of, or otherwise
managing the sexually explicit content, of a
computer site or service that contains a vis-
ual depiction of, sexually explicit conduct;
and
‘‘(B) does not include activities that are
limited to—
‘‘(i) photo or film processing, including
digitization of previously existing visual de-
pictions, as part of a commercial enterprise,
with no other commercial interest in the
sexually explicit material, printing, and
video duplication;
‘‘(ii) distribution;
‘‘(iii) any activity, other than those ac-
tivities identified in subparagraph (A), that
does not involve the hiring, contracting for,
managing, or otherwise arranging for the
participation of the depicted performers;
‘‘(iv) the provision of a telecommuni-
cations service, or of an Internet access serv-
ice or Internet information location tool (as
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those terms are defined in section 231 of the
Communications Act of 1934 (47 U.S.C.
231)); or
‘‘(v) the transmission, storage, re-
trieval, hosting, formatting, or translation
(or any combination thereof) of a commu-
nication, without selection or alteration of
the content of the communication, except
that deletion of a particular communication
or material made by another person in a
manner consistent with section 230(c) of the
Communications Act of 1934 (47 U.S.C.
230(c)) shall not constitute such selection or
alteration of the content of the communica-
tion; and
‘‘(3) the term ‘performer’ includes any person
portrayed in a visual depiction engaging in, or as-
sisting another person to engage in, sexually explicit
conduct.’’.
(b) CONSTRUCTION.—The provisions of section 2257
shall not apply to any depiction of actual sexually explicit
conduct as described in clause (v) of section 2256(2)(A) of
title 18, United States Code, produced in whole or in part,
prior to the effective date of this section unless that depic-
tion also includes actual sexually explicit conduct as de-
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scribed in clauses (i) through (iv) of section 2256(2)(A) of
title 18, United States Code.
SEC. 503. RECORD KEEPING REQUIREMENTS FOR SIMU-
LATED SEXUAL CONDUCT.
(a) IN GENERAL.—Chapter 110 of title 18, United
States Code, is amended by inserting after section 2257 the
following:
‘‘SEC. 2257A. RECORD KEEPING REQUIREMENTS FOR SIMU-
LATED SEXUAL CONDUCT.
‘‘(a) Whoever produces any book, magazine, periodical,
film, videotape, digital image, digitally- or computer-ma-
nipulated image of an actual human being, picture, or other
matter that—
‘‘(1) contains 1 or more visual depictions of sim-
ulated sexually explicit conduct; 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
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.
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‘‘(b) Any person to whom subsection (a) applies shall,
with respect to every performer portrayed in a visual depic-
tion of simulated sexually explicit conduct—
‘‘(1) ascertain, by examination of an identifica-
tion document containing such information, the per-
former’s name and date of birth, and require the per-
former to provide such other indicia of his or her
identity as may be prescribed by regulations;
‘‘(2) ascertain any name, other than the per-
former’s present and correct name, ever used by the
performer including maiden name, alias, nickname,
stage, or professional name; and
‘‘(3) record in the records required by subsection
(a) the information required by paragraphs (1) and
(2) and such other identifying information as may be
prescribed by regulation.
‘‘(c) Any person to whom subsection (a) applies shall
maintain the records required by this section at their busi-
ness premises, or at such other place as the Attorney Gen-
eral may by regulation prescribe and shall make such
records available to the Attorney General for inspection at
all reasonable times.
‘‘(d)(1) No information or evidence obtained from
records required to be created or maintained by this section
shall, except as provided in this section, directly or indi-
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rectly, be used as evidence against any person with respect
to any violation of law.
‘‘(2) Paragraph (1) shall not preclude the use of such
information or evidence in a prosecution or other action
for a violation of this chapter or chapter 71, or for a viola-
tion of any applicable provision of law with respect to the
furnishing of false information.
‘‘(e)(1) Any person to whom subsection (a) applies
shall cause to be affixed to every copy of any matter de-
scribed in subsection (a)(1) in such manner and in such
form as the Attorney General shall by regulations prescribe,
a statement describing where the records required by this
section with respect to all performers depicted in that copy
of the matter may be located. In this paragraph, the term
‘copy’ includes every page of a website on which matter de-
scribed in subsection (a) appears.
‘‘(2) If the person to whom subsection (a) applies is
an organization the statement required by this subsection
shall include the name, title, and business address of the
individual employed by such organization responsible for
maintaining the records required by this section.
‘‘(f) It shall be unlawful—
‘‘(1) for any person to whom subsection (a) ap-
plies to fail to create or maintain the records as re-
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quired by subsections (a) and (c) or by any regula-
tion promulgated under this section;
‘‘(2) for any person to whom subsection (a) ap-
plies knowingly to make any false entry in or know-
ingly to fail to make an appropriate entry in, any
record required by subsection (b) or any regulation
promulgated under this section;
‘‘(3) for any person to whom subsection (a) ap-
plies knowingly to fail to comply with the provisions
of subsection (e) or any regulation promulgated pur-
suant to that subsection; or
‘‘(4) for any person knowingly to sell or other-
wise transfer, or offer for sale or transfer, any book,
magazine, periodical, film, video, or other matter,
produced in whole or in part with materials which
have been mailed or shipped in interstate or foreign
commerce or which is intended for shipment in inter-
state or foreign commerce, that—
‘‘(A) contains 1 or more visual depictions
made after the date of enactment of this sub-
section of simulated sexually explicit conduct;
and
‘‘(B) is produced in whole or in part with
materials which have been mailed or shipped in
interstate or foreign commerce, or is shipped or
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transported or is intended for shipment or trans-
portation in interstate or foreign commerce;
which does not have affixed thereto, in a manner pre-
scribed as set forth in subsection (e)(1), a statement
describing where the records required by this section
may be located, but such person shall have no duty
to determine the accuracy of the contents of the state-
ment or the records required to be kept.
‘‘(5) for any person to whom subsection (a) ap-
plies to refuse to permit the Attorney General or his
or her designee to conduct an inspection under sub-
section (c).
‘‘(g) As used in this section, the terms ‘produces’ and
‘performer’ have the same meaning as in section 2257(h)
of this title.
‘‘(h)(1) The provisions of this section and section 2257
shall not apply to matter, or any image therein, containing
one or more visual depictions of simulated sexually explicit
conduct, or actual sexually explicit conduct as described in
clause (v) of section 2256(2)(A), if such matter—
‘‘(A)(i) is intended for commercial distribution;
‘‘(ii) is created as a part of a commercial enter-
prise by a person who certifies to the Attorney Gen-
eral that such person regularly and in the normal
course of business collects and maintains individually
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identifiable information regarding all performers, in-
cluding minor performers, employed by that person,
pursuant to Federal and State tax, labor, and other
laws, labor agreements, or otherwise pursuant to in-
dustry standards, where such information includes the
name, address, and date of birth of the performer; and
‘‘(iii) is not produced, marketed or made avail-
able by the person described in clause (ii) to another
in circumstances such than an ordinary person would
conclude that the matter contains a visual depiction
that is child pornography as defined in section
2256(8); or
‘‘(B)(i) is subject to the authority and regulation
of the Federal Communications Commission acting in
its capacity to enforce section 1464 of this title, re-
garding the broadcast of obscene, indecent or profane
programming; and
‘‘(ii) is created as a part of a commercial enter-
prise by a person who certifies to the Attorney Gen-
eral that such person regularly and in the normal
course of business collects and maintains individually
identifiable information regarding all performers, in-
cluding minor performers, employed by that person,
pursuant to Federal and State tax, labor, and other
laws, labor agreements, or otherwise pursuant to in-
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dustry standards, where such information includes the
name, address, and date of birth of the performer.
‘‘(2) Nothing in subparagraphs (A) and (B) of para-
graph (1) shall be construed to exempt any matter that con-
tains any visual depiction that is child pornography, as
defined in section 2256(8), or is actual sexually explicit
conduct within the definitions in clauses (i) through (iv)
of section 2256(2)(A).
‘‘(i)(1) Whoever violates this section shall be impris-
oned for not more than 1 year, and fined in accordance
with the provisions of this title, or both.
‘‘(2) Whoever violates this section in an effort to con-
ceal a substantive offense involving the causing, trans-
porting, permitting or offering or seeking by notice or ad-
vertisement, a minor to engage in sexually explicit conduct
for the purpose of producing a visual depiction of such con-
duct in violation of this title, or to conceal a substantive
offense that involved trafficking in material involving the
sexual exploitation of a minor, including receiving, trans-
porting, advertising, or possessing material involving the
sexual exploitation of a minor with intent to traffic, in vio-
lation of this title, shall be imprisoned for not more than
5 years and fined in accordance with the provisions of this
title, or both.
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‘‘(3) Whoever violates paragraph (2) after having been
previously convicted of a violation punishable under that
paragraph shall be imprisoned for any period of years not
more than 10 years but not less than 2 years, and fined
in accordance with the provisions of this title, or both.
‘‘The provisions of this section shall not become effec-
tive until 90 days after the final regulations implementing
this section are published in the Federal Register. The pro-
visions of this section shall not apply to any matter, or
image therein, produced, in whole or in part, prior to the
effective date of this section.
‘‘(k) On an annual basis, the Attorney General shall
submit a report to Congress—
‘‘(1) concerning the enforcement of this section
and section 2257 by the Department of Justice during
the previous 12-month period; and
‘‘(2) including—
‘‘(A) the number of inspections undertaken
pursuant to this section and section 2257;
‘‘(B) the number of open investigations pur-
suant to this section and section 2257;
‘‘(C) the number of cases in which a person
has been charged with a violation of this section
and section 2257; and
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‘‘(D) for each case listed in response to sub-
paragraph (C), the name of the lead defendant,
the federal district in which the case was
brought, the court tracking number, and a syn-
opsis of the violation and its disposition, if any,
including settlements, sentences, recoveries and
penalties.’’.
(b) CHAPTER ANALYSIS.—The chapter analysis for
chapter 110 of title 18, United States Code, is amended by
inserting after the item for section 2257 the following:
‘‘2257A. Recordkeeping requirements for simulated sexual conduct.’’.
SEC. 504. PREVENTION OF DISTRIBUTION OF CHILD POR-
NOGRAPHY USED AS EVIDENCE IN PROSECU-
TIONS.
Section 3509 of title 18, United States Code, is amend-
ed 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 de-
fined by section 2256 of this title) shall remain in the
care, custody, and control of either the Government or
the court.
‘‘(2)(A) Notwithstanding Rule 16 of the Federal
Rules of Criminal Procedure, a court shall deny, in
any criminal proceeding, any request by the defend-
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ant to copy, photograph, duplicate, or otherwise re-
produce any property or material that constitutes
child pornography (as defined by section 2256 of this
title), so long as the Government makes the property
or material reasonably available to the defendant.
‘‘(B) For the purposes of subparagraph (A),
property or material shall be deemed to be reasonably
available to the defendant if the Government provides
ample opportunity for inspection, viewing, and exam-
ination at a Government facility of the property or
material by the defendant, his or her attorney, and
any individual the defendant may seek to qualify to
furnish expert testimony at trial.’’.
SEC. 505. AUTHORIZING CIVIL AND CRIMINAL ASSET FOR-
FEITURE IN CHILD EXPLOITATION AND OB-
SCENITY CASES.
(a) CONFORMING FORFEITURE PROCEDURES FOR OB-
SCENITY 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:
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‘‘(b) The provisions of section 413 of the Controlled
Substances Act (21 U.S.C. 853), with the exception of sub-
sections (a) and (d), shall apply to the criminal forfeiture
of property pursuant to subsection (a).
‘‘(c) Any property subject to forfeiture pursuant to sub-
section (a) may be forfeited to the United States in a civil
case in accordance with the procedures set forth in chapter
46 of this title.’’.
(b) PROPERTY SUBJECT TO CRIMINAL FORFEITURE.—
Section 2253(a) of title 18, United States Code, is
amended—
(1) in the matter preceding paragraph (1)—
(A) by inserting ‘‘or who is convicted of an
offense under section 2252B of this chapter,’’
after ‘‘2260 of this chapter’’; and
(B) by striking ‘‘an offense under section
2421, 2422, or 2423 of chapter 117’’ and insert-
ing ‘‘an offense under chapter 109A’’;
(2) in paragraph (1), by inserting ‘‘2252A,
2252B, or 2260’’ after ‘‘2252’’; and
(3) in paragraph (3), by inserting ‘‘or any prop-
erty traceable to such property’’ before the period.
(c) CRIMINAL
FORFEITURE
PROCEDURE.—Section
2253 of title 18, United States Code, is amended by striking
subsections (b) through (o) and inserting the following:
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‘‘(b) Section 413 of the Controlled Substances Act (21
U.S.C. 853) with the exception of subsections (a) and (d),
applies to the criminal forfeiture of property pursuant to
subsection (a).’’.
(d) CIVIL FORFEITURE.—Section 2254 of title 18,
United States Code, is amended to read as follows:
‘‘§ 2254. Civil forfeiture
‘‘Any property subject to forfeiture pursuant to section
2253 may be forfeited to the United States in a civil case
in accordance with the procedures set forth in chapter 46.’’.
SEC. 506. PROHIBITING THE PRODUCTION OF OBSCENITY
AS WELL AS TRANSPORTATION, 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 for-
eign commerce, or whoever knowingly’’ after ‘‘whoever
knowingly’’ and before ‘‘transports or travels in’’; and
(3) by inserting a comma after ‘‘in or affecting
such commerce’’.
(b) SECTION 1466.—Section 1466 of title 18 of the
United States Code is amended—
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(1) in subsection (a), by inserting ‘‘producing
with intent to distribute or sell, or’’ before ‘‘selling or
transferring obscene matter,’’;
(2) in subsection (b), by inserting, ‘‘produces’’
before ‘‘sells or transfers or offers to sell or transfer
obscene matter’’; and
(3) in subsection (b) by inserting ‘‘production,’’
before ‘‘selling or transferring or offering to sell or
transfer such material.’’.
SEC. 507. GUARDIANS AD LITEM.
Section 3509(h)(1) of title 18, United States Code, is
amended by inserting ‘‘, and provide reasonable compensa-
tion and payment of expenses for,’’ before ‘‘a guardian’’.
TITLE 
VI—GRANTS, 
STUDIES,
AND PROGRAMS FOR CHIL-
DREN AND COMMUNITY SAFE-
TY
Subtitle A—Mentoring Matches for
Youth Act
SEC. 601. SHORT TITLE.
This subtitle may be cited as the ‘‘Mentoring Matches
for Youth Act of 2006’’.
SEC. 602. FINDINGS.
Congress finds the following:
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(1) Big Brothers Big Sisters of America, which
was founded in 1904 and chartered by Congress in
1958, is the oldest and largest mentoring organization
in the United States.
(2) There are over 450 Big Brothers Big Sisters
of America local agencies providing mentoring pro-
grams for at-risk children in over 5,000 communities
throughout every State, Guam, and Puerto Rico.
(3) Over the last decade, Big Brothers Big Sis-
ters of America has raised a minimum of 75 percent
of its annual operating budget from private sources
and is continually working to grow private sources of
funding to maintain this ratio of private to Federal
funds.
(4) In 2005, Big Brothers Big Sisters of America
provided mentors for over 235,000 children.
(5) Big Brothers Big Sisters of America has a
goal to provide mentors for 1,000,000 children per
year.
SEC. 603. GRANT PROGRAM FOR EXPANDING BIG BROTH-
ERS BIG SISTERS MENTORING PROGRAM.
In each of fiscal years 2007 through 2012, the Admin-
istrator of the Office of Juvenile Justice and Delinquency
Prevention (hereafter in this Act referred to as the ‘‘Admin-
istrator’’) may make grants to Big Brothers Big Sisters of
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America to use for expanding the capacity of and carrying
out the Big Brothers Big Sisters mentoring programs for
at-risk youth.
SEC. 604. BIANNUAL REPORT.
(a) IN GENERAL.—Big Brothers Big Sisters of Amer-
ica shall submit 2 reports to the Administrator in each of
fiscal years 2007 through 2013. Big Brothers Big Sisters
of America shall submit the first report in a fiscal year
not later than April 1 of that fiscal year and the second
report in a fiscal year not later than September 30 of that
fiscal year.
(b) REQUIRED CONTENT.—Each such report shall in-
clude the following:
(1) A detailed statement of the progress made by
Big Brothers Big Sisters of America in expanding the
capacity of and carrying out mentoring programs for
at-risk youth.
(2) A detailed statement of how the amounts re-
ceived under this Act have been used.
(3) A detailed assessment of the effectiveness of
the mentoring programs.
(4) Recommendations for continued grants and
the appropriate amounts for such grants.
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SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this Act—
(1) $9,000,000 for fiscal year 2007;
(2) $10,000,000 for fiscal year 2008;
(3) $11,500,000 for fiscal year 2009;
(4) $13,000,000 for fiscal year 2010; and
(5) $15,000,000 for fiscal year 2011.
Subtitle B—National Police Ath-
letic League Youth Enrichment
Act
SEC. 611. SHORT TITLE.
This subtitle may be cited as the ‘‘National Police Ath-
letic League Youth Enrichment Reauthorization Act of
2006’’.
SEC. 612. FINDINGS.
Section 2 of the National Police Athletic League Youth
Enrichment Act of 2000 (42 U.S.C. 13751 note) is
amended—
(1) in paragraph (1)—
(A) by redesignating subparagraphs (C)
through (G) as subparagraphs (D) through (H),
respectively; and
(B) by inserting after subparagraph (B) the
following: