Adam Walsh Child Protection and Safety Act of 2006

Bill: 109-hr-4472
Sponsor: Rep. Sensenbrenner, F. James, Jr. [R-WI-5]
Introduced: 2005-12-08 in the House
Policy area: Crime and Law Enforcement
Subjects: Administrative procedure
Adoption
Arrest
Assault
Authorization
Bail
Business records
Capital punishment
Child abuse
Child labor
Child pornography
Child sexual abuse
Child welfare
Child witnesses
Civil Rights and Liberties, Minority Issues
Civil actions and liability
Civil commitment
Commemorations
Commerce
Computer crimes
Computer software
Congress
Congressional investigations
Congressional reporting requirements
Congressional tributes
Conspiracy
Crime prevention
Criminal aliens
Criminal investigation
Criminal justice information
Criminal procedure
Criminal statistics
Custody of children
DNA
Damages
Data banks
Department of Justice
Deportation
Directories
Disasters
Driver licenses
Drug abuse
Drug abuse treatment
Drug traffic
Economics and Public Finance
Education
Electronic government information
Electronic surveillance
Elementary and secondary education
Emergency Management
Employee selection
Evidence (Law)
Ex-offenders
Executive reorganization
Expert witnesses
Families
Family violence
Federal aid to Indians
Federal aid to law enforcement
Federal employees
Federal law enforcement officers
Federal-state relations
Finance and Financial Sector
Financial disclosure
Fines (Penalties)
Fingerprints
Fire fighters
Forced labor
Forensic medicine
Forfeiture
Foster home care
Fugitives from justice
Gangs
Government Operations and Politics
Government paperwork
Government publicity
Governmental investigations
Guardian and ward
Habeas corpus
Health
Hearsay evidence
Homicide
Identification devices
Identification of criminals
Illegal aliens
Immigration
Indian children
Indian law enforcement
Informers
Internet
Judges
Judicial officers
Juries
Jurisdiction
Juvenile delinquency
Kidnapping
Labor and Employment
Law
Law enforcement officers
Lawyers
Leadership
Legal fees
Liability (Law)
Liens
Life imprisonment
Limitation of actions
Mandatory sentences
Married people
Medical tests
Mental health services
Mentoring
Minorities
Missing children
Missing persons
Money laundering
Motor vehicle registration
Murder
Names
Native Americans
Nevada
Obstruction of justice
Organized crime
Paramedical personnel
Parole
Personnel records
Police
Police training
Prison alternatives
Prisoners
Privileges and immunities
Probation
Prosecution
Prostitution
Protection of officials
Public prosecutors
Public service advertising
Rape
Rehabilitation of criminals
Relocation
School personnel
Science, Technology, Communications
Searches and seizures
Security measures
Sentences (Criminal procedure)
Sentencing guidelines
Sex crimes
Sex offenders
Slavery
Social Welfare
Social security numbers
State courts
State laws
Teachers
Transportation and Public Works
U.S. Sentencing Commission
Victims of crimes
Video tape recording
Violence
Visas
Volunteer workers
Web sites
Witnesses
Youth services

Summary:
action_date: 2005-12-08
text: 
Children's Safety and Violent Crime Reduction Act of 2005 - Sex Offender Registration and Notification Act - Requires each state, territory, and federally recognized Indian tribe to maintain a sex offender registry. Prescribes registration, notification, and verification requirements and penalties for violations. Establishes the Jessica Lunsford Address Verification Program and the Megan Nicole Kanka and Alexandra Nicole Zapp Community Program (notification).
 
Requires the Attorney General to: (1) maintain a National Sex Offender Registry at the Federal Bureau of Investigation (FBI); (2) maintain the Dru Sjodin National Sex Offender Public Website; (3) establish a Sex Offender Management Assistance program; (4) carry out a demonstration project on the use of electronic monitoring devices to manage sex offenders; (5) assist jurisdictions in apprehending sex offenders who violate registration requirements; and (6) make registration enforcement grants.
 
Prescribes enhanced penalties for: (1) using a controlled substance to facilitate a sex offense; (2) violent crimes against persons under age 18; (3) sexual offenses against children; (4) conduct relating to child prostitution; (5) aggravated sexual assault; and (6) sexual abuse of a ward.
 
Establishes within the Department of Justice an Office on Sexual Violence and Crimes against Children to administer sex offender-related registration, notification, and assistance programs.
 
Amends: (1) the DNA Identification Act of 1994 to expand the scope of DNA (deoxyribonucleic acid) samples to be included in the Combined DNA Index System; and (2) the DNA Analysis Backlog Elimination Act of 2000 to authorize the Attorney General to collect DNA samples from individuals who are arrested, detained, or convicted under U.S. authority. 
 
Calls for state implementation of the Attorney General's model code on investigating missing persons and deaths.
 

 
Requires background checks and fingerprint-based checks of national crime information databases and state child abuse registries before approval of foster or adoptive placements.
 
Sets forth provisions regarding: (1) the civil commitment of sexually dangerous persons; and (2) grants for state civil commitment programs for such persons.
 
Amends the federal criminal code to: (1) establish recordkeeping requirements for the production of matter containing simulated sexually explicit conduct; and (2) prohibit the production, with the intent to transport in interstate commerce, of obscene matter.
 
Sets forth provisions concerning: (1) judicial branch security; (2) specified crimes against federal officials, judges, law enforcement officers, public safety officers, jurors, and witnesses; and (3) grants to states for witness protection programs, threat assessment databases, juvenile and young adult witness assistance programs, and reentry courts. Authorizes federal judges and prosecutors to carry firearms.
 
Modifies and expands code prohibitions against, and penalties for, criminal street gang activity. Increases penalties for various offenses, including interstate travel or transportation or violent crimes in aid of racketeering. Establishes additional penalties for violent crimes relating to drug trafficking, for using interstate commerce to commit multiple murders, and for certain crimes committed by illegal aliens.
 
Authorizes grants to hire additional prosecutors, and fund technology, equipment, and training, to increase accurate identification of gang members and violent offenders. Directs the Attorney General to award grants for state and local reentry courts.
 
Authorizes the Attorney General to provide a grant to a private, nonprofit organization to undertake specified activities to promote crime prevention.

action_date: 2006-03-08
text: 
Children's Safety and Violent Crime Reduction Act of 2006 - 
Title I: Sex Offender Registration And Notification Act
 - Sex Offender Registration and Notification Act - (Sec. 102) Declares as the purpose of this Act the establishment of a comprehensive national system for the registration of sex offenders to protect the public from sex offenders and offenders against children.
 

Subtitle A: Jacob Wetterling Sex Offender Registration and Notification Program
 (Sec. 111) Defines &quot;sex offender&quot; as an individual who was convicted of, or adjudicated as a juvenile delinquent for, a sex offense. Establishes three tiers of sex offenders based upon the term of imprisonment applicable to the offense involved, prior offenses, and other factors.
 
(Sec. 112) Requires each state, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the U.S. Virgin Islands, and each federally-recognized Indian tribe (jurisdictions) to maintain a sex offender registry.
 
(Sec. 113) Requires a sex offender to: (1) register, and keep such registration current, in each jurisdiction in which the offender was convicted, resides, is an employee, or is a student; (2) initially register before completing a prison term or not later than five days after sentencing; and (3) give notice of any change of residence, employment, or student status within three days. Requires all jurisdictions, except federally-recognized Indian tribes, to enact criminal penalties for sex offenders who fail to comply with registration requirements.
 
(Sec. 114) Sets forth the information which sex offenders and jurisdictions must include in a sex offender registry, including the name and physical description of the sex offender, social security number, current residence, place of employment, place where the sex offender is a student, a photograph, fingerprints and palm prints, a DNA sample, a photocopy of a valid driver's license or identification card, and a criminal history.
 
(Sec. 115) Specifies the periods for which sex offenders must maintain a registration based upon their tier.
 
(Sec. 116) Requires sex offenders to appear in person periodically to verify information in sex offender registries.
 
(Sec 117) Sets forth requirements for notification to sex offenders of their duty to register.
 
(Sec. 118) Establishes the Jessica Lunsford Address Verification Program to verify the residence addresses of sex offenders on a regular basis.
 
(Sec. 119) Directs the Attorney General to: (1) maintain a national database at the Federal Bureau of Investigation (FBI) to be known as the National Sex Offender Registry; and (2) ensure that updated information about a sex offender is transmitted electronically to all relevant jurisdictions.
 
(Sec. 120) Establishes the Dru Sjodin National Sex Offender Public Website to provide public access to relevant sex offender information. 
 
(Sec. 121) Requires each jurisdiction to provide Internet access to all information about each sex offender in the registry, except an offender's social security number, the identity of any victim, or other information exempted by the Attorney General. Exempts information about a tier one sex offender convicted as a juvenile (to the extent authorized by the Attorney General).
 
(Sec. 122) Establishes the Megan Nicole Kanka and Alexandra Nicole Zapp Community Program to provide notification of a sex offender registration to: (1) the Attorney General for inclusion in the National Sex Offender Registry; (2) appropriate law enforcement agencies and each school and public housing agency in each area in which an offender resides, is employed, or is a student; (3) each jurisdiction from or to which a change of residence, work, or student status occurs; (4) any agency that conducts employment-related background checks under the National Child Protection Act of 1993; (5) child welfare agencies; (6) volunteer organizations in which contact with minors or other vulnerable individuals might occur; and (7) the community at large.
 
(Sec. 123) Requires an appropriate official to notify the Attorney General and appropriate state, local, and tribal law enforcement agencies of any failure by a sex offender to comply with registry requirements.
 
(Sec. 124) Grants immunity from liability to the federal government and jurisdictions and their political subdivisions for good faith conduct under this title.
 
(Sec. 125) Directs the Attorney General to develop and support computer software to establish, maintain, publish, and share sex offender registries.
 
(Sec. 126) Requires the Department of Justice to take over the duties imposed by this title for jurisdictions that do not have a minimally sufficient sex offender registration program.
 
(Sec. 127) Requires jurisdictions to implement the provisions of this title not later than two years after enactment of this Act.
 
(Sec. 128) Imposes a funding penalty on jurisdictions that fail to implement the requirements imposed by this title. 
 
(Sec. 129) Directs the Attorney General to establish and implement a Sex Offender Management Assistance program, under which a jurisdiction may receive a grant to offset the costs of implementing this title and a bonus payment if compliance with registration requirements occurs within two years after enactment of this Act. Authorizes appropriations for FY2006-FY2008.
 
(Sec. 130) Directs the Attorney General to carry out a demonstration project on the use of electronic monitoring devices in sex offender management programs.
 
(Sec. 131) Provides for bonus payments to states that implement electronic monitoring of sex offenders. 
 
(Sec. 132) Directs the Attorney General to provide access to national crime information databases by the National Center for Missing and Exploited Children and governmental social service agencies with child protection responsibilities. 
 
(Sec. 133) Amends the Victims of Child Abuse Act of 1990 to provide limited legal immunity to the National Center for Missing and Exploited Children in the performance of its CyberTipline responsibilities.
 
(Sec. 134) Directs the Bureau of Prisons to establish residential and non-residential programs for sex offenders. Authorizes appropriations.
 
(Sec. 135) Directs the Government Accountability Office (GAO) to: (1) study the feasibility of using driver's license registration processes as additional registration requirements for sex offenders and to report to the Judiciary Committees of Congress on such study; and (2) evaluate the effectiveness and costs of certain Nevada statutes for registering sex offenders.
 
(Sec. 136) Directs the Attorney General to provide technical assistance to jurisdictions to help identify and locate sex offenders relocated due to a major disaster. 
 
(Sec. 137) Allows federally-recognized Indian tribes to elect to carryout the provisions of this subtitle or to delegate its functions under this subtitle to another jurisdiction.
 
(Sec. 138) Directs the Attorney General to: (1) establish and maintain a system for informing jurisdictions about persons entering the United States who are required to register as sex offenders: (2) conduct a study of risk-based sex offender classification systems; and (3) study the effectiveness of monitoring and restricting the activities of sex offenders to reduce the occurrence of repeat offenses.
 

Subtitle B: Criminal Law Enforcement of Registration Requirements
 - (Sec. 151) Amends the federal criminal code to impose a fine and/or term of imprisonment for up to 20 years on sex offenders who knowingly fail to to register as required by the Sex Offender Registration and Notification Act. Imposes a 10-year prison term for making false statements while registering as a sex offender. Makes registration as a sex offender under this Act a mandatory condition of probation and supervised release. 
 
Requires the Secretary of Defense to include sex offenses as defined by this Act in categories of conduct punishable under the Uniform Code of Military Justice.
 
(Sec. 152) Directs the Attorney General to assist jurisdictions in locating and apprehending sex offenders who violate sex offender registration requirements. Authorizes appropriations for FY2006-FY2008.
 
(Sec. 153) Amends the Omnibus Crime Control and Safe Streets Act of 1968 (OCCSSA) to authorize the Attorney General to make grants to assist in enforcing sex offender registration requirements. Authorizes appropriations for FY2006-FY2008.
 
(Sec. 154) Prohibits: (1) the use of a controlled substance to facilitate a sex offense; and (2) the use of the Internet to distribute a date rape drug.
 
(Sec. 156) Authorizes the Attorney General to make grants for assistance in prosecuting cases cleared through use of funds for DNA backlog elimination. Authorizes appropriations for FY2006-FY2010.
 
(Sec. 157) Directs the Bureau of Justice Assistance to make grants to law enforcement agencies to combat sexual abuse of children. Authorizes appropriations for FY2006-FY2008.
 
(Sec. 158) Directs the Attorney General to: (1) expand training and technology efforts to respond to the threat posed by sex offenders who use the Internet and technology to solicit or otherwise exploit children; (2) report to Congress on such efforts not later than July 1, 2006, with recommendations. Authorizes appropriations.
 
(Sec. 159) Requires the revocation of probation or supervised released for criminal defendants who commit a felony crime of violence or a crime of violence against, or other offense involving unlawful sexual contact with, a person under age 18.
 

Subtitle C: Office on Sexual Violence and Crimes Against Children
 - (Sec. 161) Establishes within the Department of Justice an Office on Sexual Violence and Crimes against Children to: (1) administer standards for sex offender registration and notification programs; (2) administer grant programs relating to sex offender registration and notification; and (3) provide assistance to states, localities, tribal governments, and other entities relating to sex offender registration or notifications or other measures to protect children and the general public from sexual abuse or exploitation.
 

Title II: DNA Fingerprinting
 - (Sec. 201) Amends the DNA Analysis Backlog Elimination Act of 2000 to permit the Attorney General to collect DNA samples from individuals who are detained or convicted.
 
(Sec. 202) Directs the Attorney General, in carrying out Acts of Congress relating to DNA databases, to give appropriate consideration to the need for the collection and testing of DNA to stop violent predators against children.
 
(Sec. 203) Expresses the sense of Congress that states should enact the model code on investigating missing persons and deaths. Directs the Comptroller General to report to Congress on the extent to which states have implemented it.
 

Title III: Prevention And Deterrence Of Crimes Against Children
 - (Sec. 301) Amends the federal criminal code to establish mandatory minimum sentences for crimes against individuals under age 18 involving: (1) violence resulting in death; (2) kidnapping, aggravated sexual abuse, sexual abuse, or maiming; and (3) serious bodily injury.
 
(Sec. 302) Amends the federal judicial code to deny jurisdiction in habeas corpus proceedings if the error in sentencing alleged by the applicant: (1) is found to be harmless or not prejudicial in state court proceedings; (2) was not presented in the state court proceedings; or (3) is found to be procedurally barred.
 
(Sec. 303) Grants crime victims the right to be heard at habeas corpus proceedings.
 
(Sec. 304) Directs the Attorney General to study the establishment of a nationwide interstate tracking system of persons convicted of, or under investigation for, child abuse.
 

Title IV: Protection Against Sexual Exploitation Of Children
 - (Sec. 401) Increases or adds minimum mandatory criminal sentences for: (1) aggravated sexual abuse of children; (2) abusive sexual contact with children; (3) sexual abuse resulting in the death of a child under age 12; (4) sexual exploitation of children; and (5) sex trafficking of children.
 
Imposes mandatory life imprisonment for repeat sex offenses for travel with intent to engage in illicit sexual conduct, illicit sexual conduct in foreign places, or use of interstate facilities to transmit information about a minor.
 
(Sec. 402) Expresses the sense of Congress that it is a crime to attempt to entice a minor into unlawful sexual activity, even if a perpetrator's belief that a targeted individual is under 18 is incorrect.
 
(Sec. 403) Directs the Attorney General to make grants to states, local governments, Indian tribes, and nonprofit organizations for child sexual abuse prevention programs. Authorizes appropriations for FY2007-FY2011.
 

Title V: Foster Child Protection And Child Sexual Predator Deterrence
 - (Sec. 501) Amends part E (Federal Payments for Foster Care and Adoption Assistance) of title IV of the Social Security Act to require, effective October 1, 2006, background checks before approval of foster or adoptive placements, including checks of national crime information databases and state child abuse registries. 
 
Suspends as of September 30, 2005, and eliminates entirely on October 1, 2008, the option afforded to states not to provide procedures for criminal records checks for prospective foster or adoptive parents under the federal foster care and adoption assistance payment program. 
 
(Sec. 502) Directs the Attorney General to conduct fingerprint-based checks of the national crime information databases (and, where possible, state criminal history databases) upon requests submitted by a child welfare agency for background checks of individuals under consideration as prospective foster or adoptive parents or for an investigation of abuse or neglect of a minor. Places limits on the disclosure of information from such background checks.
 
(Sec. 503) Imposes minimum mandatory sentences of: (1) five years for coercion and enticement of individuals to travel in interstate commerce to engage in prostitution or other criminal sexual activity; and (2) 10 years for coercion and enticement of an individual under the age of 18.
 
(Sec. 504) Increases criminal penalties and imposes minimum mandatory sentences for: (1) crimes involving the transportation of individuals under age 18 across state lines and in foreign places to engage in prostitution or other illicit sexual activity; and (2) aggravated sexual abuse, sexual abuse, and abusive sexual contact. 
 
(Sec. 506) Requires felons or convicted sex offenders to agree, as a condition of probation or supervised release, to searches of their persons or property by law enforcement or probation officers with reasonable suspicion of a violation of a condition of probation or unlawful conduct. 
 
(Sec. 507) Expands the definition of the federal crime of kidnapping to include offenders who travel in interstate or foreign commerce or who use the mail or any means, facility, or instrumentality of interstate or foreign commerce in committing or in furtherance of the commission of the offense. 
 
(Sec. 508) Abrogates the confidential marital communication privilege and the adverse spousal privilege in federal proceedings involving a spouse charged with a crime against a child of either spouse or a child under the custody or control of either spouse.
 
(Sec. 509) Includes felony child abuse or neglect as a crime punishable in Indian country jurisdictions.
 
(Sec. 510) Establishes procedures for the civil commitment of sexually dangerous persons relating to the institution of proceedings, medical examinations, hearings and determinations, and discharges.
 
(Sec. 511) Directs the Attorney General to: (1) make grants to jurisdictions for civil commitment programs for sexually dangerous persons; and (2) report to the Judiciary Committees of Congress annually, beginning in 2008, on the progress of jurisdictions in implementing civil commitment programs and the rate of sexually violent offenses for each jurisdiction. Prohibits grants for transitional housing for sexually dangerous persons in locations where minors or other vulnerable individuals are likely to come into contact with such a person. Authorizes appropriations for FY2006-FY2009.
 
(Sec. 512) Imposes minimum mandatory sentences for sex trafficking of children.
 
(Sec. 513) Increases criminal penalties for sexual abuse of wards.
 
(Sec. 514) Eliminates the statute of limitations for prosecutions of child abduction and felony sex offenses against children. 
 
(Sec. 515 Increases failure to report child abuse to a Class A (currently, Class B) misdemeanor.
 

Title VI: Child Pornography Prevention
 - (Sec. 603) Amends the federal criminal code to imposes new recordkeeping requirements for individuals who produce simulated sexually explicit materials and distribute such materials in interstate commerce.
 
(Sec. 604) Requires, in any criminal proceeding: (1) the Government or the court to maintain the care, custody, and control of any child pornography materials; and (2) the court to deny a defendant's request to copy child pornography materials as long as the Government makes such materials reasonably available to the defendant.
 
(Sec. 605) Revises criminal and civil forfeiture provisions for certain child exploitation and obscenity offenses.
 
(Sec. 606) Prohibits the production of obscene materials for sale or distribution in interstate commerce.
 
(Sec. 607) Authorizes a court to provide reasonable compensation and payment of expenses for a guardian ad litem to represent children who are victims of sexual abuse or exploitation.
 

Title VII: Court Security
 - (Sec. 701) Requires the U.S. Marshals Service to consult with the Administrative Office of the U.S. Courts on a continuing basis regarding judicial branch security requirements.
 
(Sec. 702) Authorizes additional appropriations in FY2006-FY2010 for the U.S. Marshals Service to protect the judiciary. 
 
(Sec. 703) Amends the federal criminal code to prohibit: (1) the filing of a false lien against the real or personal property of a federal official; and (2) the public disclosure of restricted personal information about a federal official, public safety officer, juror or witness, or a family member of such individuals, with the intent that such information be used to intimidate or facilitate a crime of violence against such individuals and their family members.
 
(Sec. 705) Directs the Attorney General to report to the Judiciary Committees of Congress on the security of U.S. attorneys who prosecute terrorists, violent criminal gangs, drug and gun traffickers, and other criminals.
 
(Sec. 706) Imposes criminal penalties for flight to avoid prosecution for killing certain law enforcement officers.
 
(Sec. 707) Imposes increased criminal penalties for murder, kidnapping, and other crimes against federal judges and federal law enforcement officers. 
 
(Sec. 708) Authorizes federal judges and Justice Department employees who represent the United States in a court of law to carry firearms.
 
(Sec. 709) Increases criminal penalties for assaulting a federal officer.
 
(Sec. 710) Prohibits killing, or attempting or conspiring to kill, a current or former federally-funded public safety officer engaged in official duties or on account of the current or past performance of such duties. 
 
(Sec. 711) Revises: (1) provisions relating to the crime of influencing or injuring a juror or an officer in a judicial proceeding; and (2) the penalties for such crime.
 
(Sec. 712) Increases criminal penalties for tampering with, or retaliating against, a witness, victim, or criminal informant. 
 
(Sec. 714) Provides for federal prosecution of intimidation of and retaliation against witnesses in state criminal proceedings. 
 
(Sec. 715) Revises the venue provision for bringing prosecutions for retaliation against a witness in a criminal proceeding.
 
(Sec. 716) Prohibits the possession of dangerous weapons in federal court facilities. 
 
(Sec. 717) Increases minimum mandatory sentences for murder and manslaughter. 
 
(Sec. 718) Amends the OCCSSA to authorize the Attorney General to make grants to states, local governments, and Indian tribes to create and expand witness protection programs. Authorizes appropriations for FY2006-FY2010. 
 
(Sec. 719) Directs the Attorney General to make grants to state courts for: (1) court security and emergency preparedness; and (2) threat assessment databases. Authorizes appropriations for FY2006-FY2009. 
 
(Sec. 721) Amends the Violent Crime Control and Law Enforcement Act of 1998 to authorize grants to create and expand witness and victim protection programs. Authorizes appropriations for FY2006-FY2010.
 
(Sec. 722) Authorizes the Director of the Bureau of Justice Assistance to make grants to states and local prosecutors and law enforcement agencies for juvenile and young adult witness assistance programs. Requires grant recipients to make progress reports to the Director by May 1 of each year and the Director to report to Congress by July 1 of each year on the grant program. Authorizes appropriations for FY2006-FY2008.
 
(Sec. 723) Extends eligibility for certain Justice Department Grant programs and programs for armor vests and child abuse prevention to state and local court agencies.
 

Title VIII: Reduction And Prevention Of Gang Violence
 - (Sec. 801) Revises provisions relating to criminal street gangs to: (1) prohibit gang crimes committed for the purpose of furthering gang activities or for gaining entrance or maintaining or increasing a position in a gang; (2) define &quot;criminal street gang&quot; as a formal or informal group or association of three or more individuals, who commit two or more gang crimes; (3) define &quot;gang crime&quot; as any violation of federal criminal law punishable by imprisonment for more than one year involving certain crimes of violence, drug crimes, and weapons crimes.
 
(Sec. 802) Increases penalties for interstate and foreign travel or transportation in aid of racketeering.
 
(Sec. 803) Amends the carjacking provisions of the federal criminal code to: (1) eliminate the element of intent to cause death or serious bodily harm; (2) punish conspirators as principals; and (3) increase penalties for such crime.
 
Revises the prohibition against illegal gun transfers to commit drug trafficking or violent crimes and increases the penalty for such crime. 
 
Revises sentencing provisions requiring criminal defendants to limit criminal associations to include defendants in criminal street gang prosecutions.
 
Increases to 20 years the term of imprisonment for conspiracy to commit an offense or to defraud the United States.
 
(Sec. 804) Revises the prohibition against using interstate commerce facilities to commit murder-for-hire to include other felony crimes of violence, including kidnapping, aggravated sexual abuse, maiming, or assault. Increases the terms of imprisonment for such crimes.
 
(Sec. 805) Revises the prohibition against violent crimes in aid of racketeering activity and increases penalties for such crimes.
 
(Sec. 806) Prohibits the commission of a crime of violence during and in relation to a drug trafficking crime.
 
(Sec. 807) Prohibits traveling in, or using facilities of interstate or foreign commerce, with the intent that two or more intentional homicides be committed in violation of federal or state law.
 
(Sec. 808) Expands the definition of &quot;racketeering activity&quot; to include criminal acts or threats that would be chargeable if committed in Indian country or other federal jurisdiction.
 
(Sec. 809) Includes certain firearms offenses as predicate crimes in making determinations involving release or detention of a defendant pending trial.
 
(Sec. 810) Revises the venue rule for capital cases to allow trials in any district in which the offense began, continued, or was completed, or in any district in which activities relating to the offense occurred if such activities affected interstate or foreign commerce. 
 
(Sec. 811) Extends the statute of limitations for a noncapital felony, crime of violence, including racketeering activity or violent gang crime, to 15 years.
 
(Sec. 812) Amends the federal rules of evidence to allow, as an exception to the hearsay rule, the admission into evidence of statements offered against a party who has engaged or acquiesced in wrongdoing.
 
(Sec. 813) Amends the federal criminal code to allow the prosecution as adults of juveniles who commit a specified crime of violence after reaching age 16. Denies judicial review of any decision to prosecute such juveniles as adults.
 
(Sec. 814) Increase criminal penalties for illegal aliens, including aliens previously ordered removed, who commit a crime of violence or a drug trafficking offense. 
 
(Sec. 815) Directs the Department of Homeland Security to provide the National Crime Information Center (NCIC) with information on aliens subject to removal or who have signed a voluntary departure agreement. Requires the Attorney General to include records of violations of immigration laws in the NCIC database.
 
(Sec. 816) Directs the Attorney General and the Secretary of Homeland Security to study and report to Congress on the connection between illegal immigration and gang membership and activity. 
 

Title IX: Increased Federal Resources To Prevent At-Risk Youth From Joining Illegal Street Gangs
 - (Sec. 901) Amends the Violent Crime Control and Law Enforcement Act of 1994 to: (1) hire additional prosecutors and fund resources to assist such prosecutors in combating violent youth crimes; and (2) reauthorize the gang resistance education and training projects program for FY2006-FY2010.
 
(Sec. 903) Amends OCCSSA to direct the Attorney General to award grants to state and local courts and agencies to monitor and provide treatment for criminal offenders returning to the community. Authorizes appropriations for FY2006-FY2009.
 

Title X: Crime Prevention 
- (Sec. 1001) Amends OCCSSA to authorize the Attorney General to provide a grant to a national private, non-profit organization with expertise in promoting crime prevention through public outreach and media campaigns. Authorizes appropriations for FY2006-FY2010.
 
(Sec. 1002) Justice for Crime Victims Family Act - Directs the Attorney General to report to the Judiciary Committees of Congress on measures needed to improve the ability of federal, state, and local investigators to solve homicides and homicides involving missing persons and unidentified human remains. Authorizes appropriations for FY2006-FY2010.
 

Title XI: National Child Abuse And Neglect Registry Act
 - National Child Abuse and Neglect Registry Act - Directs the Secretary of Health and Human Services to create a national registry of substantiated cases of child abuse or neglect and to establish standards for the dissemination of information in such registry. 

action_date: 2006-07-20
text: 
Adam Walsh Child Protection and Safety Act of 2006 - Recognizes the commitment of John and Reve Walsh to the protection of children from child predators on the 25th anniversary of the abduction and murder of their son, Adam.
 

Title I: Sex Offender Registration and Notification Act
 - Sex Offender Registration and Notification Act - (Sec. 102) Declares as the purpose of this Act the establishment of a comprehensive national system for the registration of sex offenders and offenders against children. 
 
(Sec. 103) Establishes the Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Offender Registration and Notification Program.
 

Subtitle A: Sex Offender Registration and Notification
 - (Sec. 111) Establishes a three-tier classification system for sex offenders based upon specified criteria, including the seriousness of the underlying offense and the age of any child involved.
 
Defines &quot;sex offense&quot; (to be known as the Amie Zyla Expansion of Sex Offense Definition) to mean: (1) a criminal offense that has an element involving a sexual act or contact or that is a specified offense against a minor; (2) a federal offense involving sex trafficking, sexual abuse, sexual exploitation or abuse of children, or domestic assault; (3) a specified military offense; or (4) an attempt or conspiracy to commit such an offense. Excludes from such definition foreign convictions lacking due process safeguards and certain offenses involving consensual sexual conduct.
 
Defines &quot;specified offense against a minor&quot; to include offenses involving kidnapping, false imprisonment, sexual solicitation, video voyeurism, and possession, production, or distribution of child pornography.
 
Defines &quot;jurisdiction&quot; to include a state, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the U.S. Virgin Islands, and federally recognized Indian tribes.
 
(Sec. 112) Requires each jurisdiction to maintain a jurisdiction-wide sex offender registry. 
 
(Sec. 113) Requires a sex offender to: (1) register in each jurisdiction where such offender resides, is an employee, and is a student; (2) keep such registration current; and (3) for initial registrations, register in the jurisdiction where convicted if different than jurisdiction of residence. Requires jurisdictions (other than federally recognized Indian tribes) to impose a maximum criminal penalty greater than one year for sex offenders who fail to comply with registration requirements.
 
(Sec. 114) Sets forth the information required in a sex offender's registration, including all addresses and places of employmentand license plate numbers of all owned vehicles . 
 
Requires jurisdictions to include in a sex offender registry: (1) a physical description, current photograph, criminal history, fingerprints, palm prints, and a DNA sample of the sex offender; (2) the offender's criminal offense; and (3) a photocopy of the offender's driver's license or government-issued identification card.
 
(Sec. 115) Specifies the duration of registration periods for sex offenders based on tier classifications. 
 
(Sec. 116) Requires sex offenders to appear in person periodically to verify information in a sex offender registry.
 
(Sec. 117) Requires the appropriate official of a jurisdiction to notify sex offenders of their duty to register prior to release from custody or immediately after sentencing for a sex offense.
 
(Sec. 118) Requires jurisdictions to provide public access to sex offender information through the Internet. Exempts from such disclosure the identity of any victim of a sex offense, the social security number of the sex offender, and any reference to arrests of the sex offender not resulting in conviction.
 
(Sec. 119) Establishes the National Sex Offender Registry. Directs the Attorney General to maintain such registry at the Federal Bureau of Investigation (FBI) and to ensure that updated information about sex offenders is immediately transmitted to all relevant jurisdictions.
 
(Sec. 120) Establishes the Dru Sjodin National Sex Offender Public Website to be maintained by the Attorney General. Requires such Website to include relevant information about sex offenders in each jurisdiction.
 
(Sec. 121) Establishes the Megan Nicole Kanka and Alexandra Nicole Zapp Community Notification Program to provide for notification to the Attorney General, relevant jurisdictions, law enforcement agencies, social service entities, volunteer organizations, and other entities immediately after a sex offender registers or updates a registration.
 
(Sec. 122) Requires appropriate officials of a jurisdiction to notify the Attorney General and appropriate law enforcement agencies of a failure of a sex offender to register and to note such failure in the jurisdiction's registry.
 
(Sec. 123) Directs the Attorney General to develop and support software to enable jurisdictions to establish and operate uniform sex offender registries and Internet sites. Imposes a two-year deadline for developing such software.
 
(Sec. 124) Requires jurisdictions to implement the requirements of this title before the later of three years after enactment of this Act and one year after the software developed by the Attorney General for sex offender registries becomes available. Authorizes the Attorney General to extend such deadlines.
 
(Sec. 125) Reduces by 10% funding under the Omnibus Crime Control and Safe Street Act of 1968 (OCCSSA) for jurisdictions which fail to implement the requirements of this title.
 
(Sec. 126) Directs the Attorney General to establish and implement a Sex Offender Management Assistance (SOMA) program to award grants to jurisdictions to offset the costs of implementing this title. Authorizes bonus payments to jurisdictions that implement the requirements of this Act within two years of enactment. Authorizes appropriations for SOMA for FY2007-FY2009.
 
(Sec. 127) Permits a federally recognized Indian tribe to elect to carry out the provisions of this subtitle or to delegate its functions to another jurisdiction.
 
(Sec. 128) Directs the Attorney General to establish and maintain a system for notifying jurisdictions of sex offenders entering the United States who are required to register. 
 
(Sec. 129) Repeals certain provisions of the Violent Crime Control and Law Enforcement Act of 1994 and the Pam Lychner Sexual Offender Tracking and Identification Act of 1996 relating to sex offender programs. 
 
(Sec. 130) Amends the Victims of Child Abuse Act of 1990 to grant civil and criminal immunity to personnel of the National Center for Missing and Exploited Children arising out of the performance of CyberTipline responsibilities and functions, except for certain intentional, reckless, or malicious conduct.
 
(Sec. 131) Grants immunity to the federal government and jurisdictions for good faith conduct in implementing the requirements of this title.
 

Subtitle B: Improving Federal Criminal Law Enforcement to Ensure Sex Offender Compliance with Registration and Notification Requirements and Protection of Children From Violent Predators - 
(Sec. 141) Amends the federal criminal code to impose a fine and/or prison term of up to 10 years upon convicted sex offenders for failure to register or update a registration as required by the Sex Offender Registration and Notification Act. Allows affirmative defenses to a prosecution for such offense, including an allegation that uncontrollable circumstances prevented registration. Increases criminal penalties for sex offenders who do not register and commit a crime of violence.
 
Directs the U.S. Sentencing Commission to consider certain criteria in promulgating sentencing guidelines for the crime of failure to register.
 
Imposes increased criminal penalties for making false statements in a sex offense registration or in connection with certain sex crimes against children.
 
Modifies probation and supervised release provisions for sex offenders required to register under the Sex Offender Registration and Notification Act.
 
Requires the Director of the Bureau of Prisons to inform persons released from prison of the duty to register as a sex offender.
 
(Sec. 142) Requires the Attorney General to use federal law enforcement resources, including the U.S. Marshals Service, to assist jurisdictions in locating and apprehending sex offenders who fail to register. Authorizes appropriations.
 
(Sec. 143) Directs the Attorney General to create and maintain a Project Safe Childhood program. Designates funding under such program for: (1) integrated federal, state, and local efforts to investigate and prosecute child exploitation cases; (2) major case coordination by the Department of Justice; (3) increased federal involvement in child pornography and enticement cases; (4) law enforcement training; (5) community awareness and educational programs; (6) the addition of not less than eight Assistant U.S. Attorneys for the prosecution of cases under the program; (7) the addition of not less than 10 new Internet Crimes Against Children task forces within the Internet Crimes Against Children (ICAC) Task Force Program; and (8) the development and enhancement by the Federal Bureau of Investigation (FBI) of the Innocent Images task forces. Authorizes appropriations. 
 
(Sec. 144) Directs the Attorney General to provide assistance to jurisdictions in identifying and locating a sex offender relocated due to a major disaster.
 
(Sec. 145) Directs the Attorney General to: (1) expand training and technology efforts to respond to the threat posed by sex offenders who use the Internet and technology to solicit or exploit children; and (2) report to Congress by July 1, 2007, on such efforts. Authorizes appropriations.
 
(Sec. 146) Establishes in the Department of Justice an Office of Sex Offender Sentencing, Monitoring, Apprehending, and Tracking to be headed by a presidentially-appointed Director. Authorizes the Office to: (1) administer the standards for the sex offender registration and notification program; (2) administer grant programs relating to sex offender registration and notification; and (3) cooperate with and provide technical assistance to jurisdictions and other public and private entities involved in sex offender registration or notification activities.
 

Subtitle C: Access to Information and Resources Needed to Ensure that Children are not Attacked or Abused - 
(Sec. 151) Requires the Attorney General to ensure access to the national crime information databases by: (1) the National Center for Missing and Exploited Children; and (2) governmental social service agencies with child protection responsibilities. 
 
(Sec. 152) Amends title IV (Grants to States for Aid and Services to Needy Families with Children and for Child-Welfare Services) of the Social Security Act to require fingerprint-based checks of the national crime information databases and checks of any state child abuse and neglect registry for prospective foster or adoptive parent placements. Eliminates as of October 1, 2008, the ability of states to opt-out of such requirements.
 
(Sec. 153) Schools Safely Acquiring Faculty Excellence Act of 2006 - Requires the Attorney General, upon the request of a state, to conduct fingerprint-based checks of the national crime information databases to assist: (1) child welfare agencies in checking backgrounds of individuals under consideration as prospective foster or adoptive parents or in investigating child abuse or neglect incidents; or (2) private or public schools or educational agencies in checking backgrounds of prospective employees. Restricts the disclosure of such fingerprint information and imposes criminal penalties for unauthorized release of such information. 
 
(Sec. 154) Amends the Crime Control Act of 1990 to prohibit a state law enforcement agency from removing a missing person from its law enforcement data system or the National Crime Information Center computer database based solely on the age of such person.
 
(Sec. 155) Amends the DNA Analysis Backlog Elimination Act of 2000 to authorize the Attorney General to collect DNA samples from individuals who are facing charges or are convicted, in addition to individuals who are arrested (current law).
 

Title II: Federal Criminal Law Enhancements Needed to Protect Children from Sexual Attacks and Other Violent Crimes - 
(Sec. 201) Amends the Controlled Substances Act to prohibit the distribution of date rape drugs using the Internet. Authorizes the Attorney General to designate such drugs.
 
(Sec. 202) Imposes mandatory minimum terms of imprisonment for violent crimes against children, including murder, kidnapping, and violence resulting in serious bodily injury using a dangerous weapon.
 
(Sec. 203) Increases mandatory minimum terms of imprisonment for: (1) coercion and enticement of children to engage in prostitution; (2) sexual abuse; (3) aggravated sexual abuse of children; (4) sex trafficking of children.
 
Increases criminal penalties for: (1) sex crimes against children resulting in death; (2) distribution of materials involving the sexual exploitation of children or child pornography; (3) using misleading Internet domain names to direct children to harmful material; (4) sexual abuse of wards; and (5) failure to report child abuse.
 
(Sec. 210) Requires sex offenders to submit to a search of their person or property as a condition of probation or supervised release. 
 
(Sec. 211) Eliminates any statute of limitation for the prosecution of felony sex offenses involving a minor. 
 
(Sec. 212) Extends certain rights to crime victims in federal habeas corpus proceedings, including the right not be excluded from public court proceedings, the right to be reasonably heard, the right to proceedings free from unreasonable delay, and the right to be treated with fairness and respect.
 
(Sec. 213) Modifies the definition of kidnapping to eliminate the requirement that the victim was alive when the victim's transportation began.
 
(Sec. 214) Directs the U.S. Judicial Conference to study the necessity and desirability of amending the Federal Rules of Evidence to provide that the marital communication and adverse spouse privilege be made inapplicable in any federal criminal proceeding against a spouse who is charged with a crime against a child of, or under the custody or control of, either spouse. 
 
(Sec. 215) Includes the crime of felony child abuse or neglect as a crime punishable within Indian country.
 
(Sec. 216) Amends the federal criminal code to impose certain restrictions on the granting of bail to individuals charged with certain crimes against minors.
 

Title III: Civil Commitment of Dangerous Sex Offenders - 
(Sec. 301) Directs the Attorney General to make grants to jurisdictions for effective civil commitment programs for sexually dangerous persons. Prohibits use of grant money for transitional housing for sexually dangerous persons in locations where minors or other vulnerable individuals are likely to come into contact with such persons.
 
Requires the Attorney General to report to the Judiciary Committees of Congress by January 31 of each year, beginning in 2008, on the progress of jurisdictions in implementing civil commitment programs for sexually dangerous persons and on the rate of sexually violent offenses for each jurisdiction.
 
(Sec. 302) Sets forth procedures for the civil commitment of sexually dangerous persons.
 

Title IV: Immigration Law Reforms to Prevent Sex Offenders from Abusing Children - 
Amends the Immigration and Nationality Act to: (1) make failure to register as a sex offender a deportable offense; (2) prohibit convicted child sex offenders from obtaining approval of certain family-based visas.
 

Title V: Child Pornography Prevention - 
(Sec. 502) Revises recordkeeping requirements for producers of actual sexually explicit conduct to cover digital images or computer-manipulated images of actual human beings. Makes it unlawful for any producer of sexually explicit materials to refuse inspection of its records.
 
(Sec. 503) Imposes new recordkeeping requirements (and penalties for noncompliance) on individuals who produce simulated sexually explicit materials and distribute such materials in interstate commerce. Requires the Attorney General to report to Congress annually on the enforcement of recordkeeping requirements for producers of actual and simulated sexually explicit materials.
 
(Sec. 504) Prohibits the reproduction of child pornography materials by a defendant in a criminal proceeding. Places such materials in the care, custody, and control of the government or the court. Requires that such materials be reasonably available to a defendant and the defendant's attorney or expert witness for inspection, viewing, and examination.
 
(Sec. 505) Revises and expands provisions authorizing civil and criminal asset forfeiture in child sexual exploitation and obscenity cases.
 
(Sec. 506) Amends the federal criminal code to prohibit the production of obscene materials for sale or distribution in interstate commerce (current law prohibits the transportation, distribution, and sale of such materials). 
 
(Sec. 507) Authorizes reasonable compensation and payment of expenses for a guardian ad litem to represent children who are victims of, or witnesses to, sexual abuse or exploitation.
 

Title VI: Grants, Studies, and Programs for Children and Community Safety - Subtitle A: Mentoring Matches for Youth Act - 
Mentoring Matches for Youth Act of 2006 - (Sec. 603) Authorizes the Administrator of the Office of Juvenile Justice and Delinquency to make grants in FY2007-FY2012 to Big Brothers Big Sisters of America to expand mentoring programs for at-risk youth. Requires Big Brothers Big Sisters to make biannual reports to the Administrator on such mentoring programs. Authorizes appropriations. 
 

Subtitle B: National Police Athletic League Youth Enrichment Act - 
 National Police Athletic League Youth Enrichment Reauthorization Act of 2006 - (Sec. 614) - Reauthorizes grant authority and appropriations through FY2010 for the National Police Athletic League Youth Enrichment program. Requires funds authorized for police athletic league programs to be used for character development and leadership training.
 

Subtitle C: Grants, Studies, and Other Provisions - 
(Sec. 621) Authorizes the Attorney General to award grants (referred to as Jessica Lunsford and Sarah Lunde Grants) for three years to states, local governments, and Indian tribal governments to outfit sex offenders with electric monitoring units. Requires the Attorney General to: (1) fund different approaches to monitoring to allow an assessment of the effectiveness of the program; and (2) report to Congress on the program by September 1, 2010. 
 
(Sec. 622) Amends the federal criminal code to direct the Bureau of Prisons to provide sex offenders with sex offender management and residential sex offender treatment programs. Authorizes appropriations.
 
(Sec. 623) Amends the OCCSSA to authorize the Attorney General to make grants to assist governments and private entities in enforcing sex offender registration requirements and in the treatment of juvenile sex offenders. 
 
(Sec. 624) Directs the Attorney General to make grants to help prosecute cases cleared through use of DNA backlog clearance funds. 
 
(Sec. 625) Authorizes the Bureau of Justice Assistance to make grants to law enforcement agencies to combat sexual abuse of children. Directs the Attorney General to give priority to law enforcement agencies making a showing of need. 
 
(Sec. 626) Amends the OCCSSA to authorize the Attorney General to make grants to private nonprofit entities to promote crime prevention through public outreach and media campaigns. 
 
(Sec. 627) Directs the Attorney General to establish and implement a grant program for the voluntary fingerprinting of children. Limits the release of child fingerprint information to a parent or guardian of the child. Authorizes appropriations.
 
(Sec. 628) Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to issue rules, coordinate programs, and provide adequate staffing to implement the annual grant program for the Rape, Abuse & Incest National Network (RAINN). 
 
(Sec. 629) Authorizes the Attorney General, in consultation with the National Center for Missing and Exploited Children, to carry out a public awareness compaign to protect children when such children are on the Internet. 
 
(Sec. 630) Directs the Attorney General to make grants for online child safety programs.
 
(Sec. 631) Establishes the Jessica Lunsford Address Verification Grant Program to authorize the Attorney General to award grants for the verification of the residence of all or some registered sex offenders. Requires the Attorney General to report to Congress on the verification program by April 1, 2009.
 
(Sec. 632) Directs the U.S. Marshals Service to establish, direct, and coordinate a Fugitive Safe Surrender Program for the safe, secure, and peaceful apprehension of federal, state, and local fugitives.
 
(Sec. 633) Directs the Secretary of Health and Human Services to: (1) create a national registry of substantiated cases of child abuse or neglect; (2) establish standards for the dissemination of information in the registry; and (3) conduct a study on the feasibility of establishing data collection standards for the registry. 
 
Directs the Secretary of Homeland Security to report to specified committees of Congress on the study on data collection standards for a national registry of substantiated cases of child abuse or neglect. 
 
(Sec. 634) Directs the National Institute of Justice to conduct a comprehensive study of the control, prosecution, treatment, and monitoring of sex offenders and to report its finding to Congress, through the Internet to the public, to each governor, to the Mayor of the District of Columbia, to territory heads, and to top officials of Indian tribes. 
 
(Sec. 635) Directs the Attorney General to make annual reports to Congress (by July 1) on the enforcement of sex offender registration requirements. 
 
(Sec. 636) Requires the Government Accountability Office (GAO) to: (1) conduct a study to assess the capabilities of states to use driver's license registration processes as additional registration requirements for sex offenders; and (2) evaluate the effectiveness of certain Nevada statutes relating to sex offender registration.
 
(Sec. 637) Directs the Attorney General to study and report to Congress on risk-based sex offender classification systems.
 
(Sec. 638) Directs the Attorney General to study and report to the House and Senate Judiciary Committees on the effectiveness of monitoring and restricting the activities of sex offenders to reduce the occurrence of repeat offenses.
 
(Sec. 639) Justice for Crime Victims Family Act - Requires the Attorney General to report to the Judiciary Committees on measures needed to improve the performance of homicide investigators and for solving homicides involving missing persons and unidentified human remains.
 
 Authorizes appropriations..
 

Title VII: Internet Safety Act - 
(Sec. 701) Amends the federal criminal code to: (1) impose criminal penalties for participation in a child exploitation enterprise; (2) increase penalties for registered sex offenders who commit a felony sex offense against a minor; and (3) prohibit the embedding of deceptive words or images in a website to deceive an individual, including a minor, into viewing obscene material.
 
(Sec. 704) Directs the Attorney General to increase by not less than 200 the number of U.S. attorneys and assign such attorneys to prosecute offenses relating to the sexual exploitation of children. 
 
(Sec. 705) Directs the Attorney General to increase by not less than 30 the number of computer forensic examiners within the Regional Computer Forensic Laboratories, and requires the Secretary of Homeland Security to increase by not less than 15 the number of such examiners within the Cyber Crimes Center, who shall be dedicated to investigating investigating crimes involving the sexual exploitation of children. 
 
(Sec. 706) Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to increase by not less than 10 the number of Internet Crimes Against Children (ICAC) Task Forces authorized and funded under the Juvenile Justice and Delinquency Prevention Act of 1974. 
 
(Sec. 707) Masha's Law - Revises provisions allowing victims of certain sex-related crimes to seek civil remedies to: (1) allow adults as well as minors to sue for injuries; and (2) increase from $50,000 to $150,000 the minimum level of damages. 
 
Authorizes appropriations.

action_date: 2006-07-27
text: 

(This measure has not been amended since it was passed by the Senate on July 20, 2006. The summary of that version is repeated here.)

 
Adam Walsh Child Protection and Safety Act of 2006 - Recognizes the commitment of John and Reve Walsh to the protection of children from child predators on the 25th anniversary of the abduction and murder of their son, Adam.
 

Title I: Sex Offender Registration and Notification Act
 - Sex Offender Registration and Notification Act - (Sec. 102) Declares as the purpose of this Act the establishment of a comprehensive national system for the registration of sex offenders and offenders against children. 
 
(Sec. 103) Establishes the Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Offender Registration and Notification Program.
 

Subtitle A: Sex Offender Registration and Notification
 - (Sec. 111) Establishes a three-tier classification system for sex offenders based upon specified criteria, including the seriousness of the underlying offense and the age of any child involved.
 
Defines &quot;sex offense&quot; (to be known as the Amie Zyla Expansion of Sex Offense Definition) to mean: (1) a criminal offense that has an element involving a sexual act or contact or that is a specified offense against a minor; (2) a federal offense involving sex trafficking, sexual abuse, sexual exploitation or abuse of children, or domestic assault; (3) a specified military offense; or (4) an attempt or conspiracy to commit such an offense. Excludes from such definition foreign convictions lacking due process safeguards and certain offenses involving consensual sexual conduct.
 
Defines &quot;specified offense against a minor&quot; to include offenses involving kidnapping, false imprisonment, sexual solicitation, video voyeurism, and possession, production, or distribution of child pornography.
 
Defines &quot;jurisdiction&quot; to include a state, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the U.S. Virgin Islands, and federally recognized Indian tribes.
 
(Sec. 112) Requires each jurisdiction to maintain a jurisdiction-wide sex offender registry. 
 
(Sec. 113) Requires a sex offender to: (1) register in each jurisdiction where such offender resides, is an employee, and is a student; (2) keep such registration current; and (3) for initial registrations, register in the jurisdiction where convicted if different than jurisdiction of residence. Requires jurisdictions (other than federally recognized Indian tribes) to impose a maximum criminal penalty greater than one year for sex offenders who fail to comply with registration requirements.
 
(Sec. 114) Sets forth the information required in a sex offender's registration, including all addresses and places of employment and license plate numbers of all owned vehicles. 
 
Requires jurisdictions to include in a sex offender registry: (1) a physical description, current photograph, criminal history, fingerprints, palm prints, and a DNA sample of the sex offender; (2) the offender's criminal offense; and (3) a photocopy of the offender's driver's license or government-issued identification card.
 
(Sec. 115) Specifies the duration of registration periods for sex offenders based on tier classifications. 
 
(Sec. 116) Requires sex offenders to appear in person periodically to verify information in a sex offender registry.
 
(Sec. 117) Requires the appropriate official of a jurisdiction to notify sex offenders of their duty to register prior to release from custody or immediately after sentencing for a sex offense.
 
(Sec. 118) Requires jurisdictions to provide public access to sex offender information through the Internet. Exempts from such disclosure the identity of any victim of a sex offense, the social security number of the sex offender, and any reference to arrests of the sex offender not resulting in conviction.
 
(Sec. 119) Establishes the National Sex Offender Registry. Directs the Attorney General to maintain such registry at the Federal Bureau of Investigation (FBI) and to ensure that updated information about sex offenders is immediately transmitted to all relevant jurisdictions.
 
(Sec. 120) Establishes the Dru Sjodin National Sex Offender Public Website to be maintained by the Attorney General. Requires such Website to include relevant information about sex offenders in each jurisdiction.
 
(Sec. 121) Establishes the Megan Nicole Kanka and Alexandra Nicole Zapp Community Notification Program to provide for notification to the Attorney General, relevant jurisdictions, law enforcement agencies, social service entities, volunteer organizations, and other entities immediately after a sex offender registers or updates a registration.
 
(Sec. 122) Requires appropriate officials of a jurisdiction to notify the Attorney General and appropriate law enforcement agencies of a failure of a sex offender to register and to note such failure in the jurisdiction's registry.
 
(Sec. 123) Directs the Attorney General to develop and support software to enable jurisdictions to establish and operate uniform sex offender registries and Internet sites. Imposes a two-year deadline for developing such software.
 
(Sec. 124) Requires jurisdictions to implement the requirements of this title before the later of three years after enactment of this Act and one year after the software developed by the Attorney General for sex offender registries becomes available. Authorizes the Attorney General to extend such deadlines.
 
(Sec. 125) Reduces by 10% funding under the Omnibus Crime Control and Safe Street Act of 1968 (OCCSSA) for jurisdictions which fail to implement the requirements of this title.
 
(Sec. 126) Directs the Attorney General to establish and implement a Sex Offender Management Assistance (SOMA) program to award grants to jurisdictions to offset the costs of implementing this title. Authorizes bonus payments to jurisdictions that implement the requirements of this Act within two years of enactment. Authorizes appropriations for SOMA for FY2007-FY2009.
 
(Sec. 127) Permits a federally recognized Indian tribe to elect to carry out the provisions of this subtitle or to delegate its functions to another jurisdiction.
 
(Sec. 128) Directs the Attorney General to establish and maintain a system for notifying jurisdictions of sex offenders entering the United States who are required to register. 
 
(Sec. 129) Repeals certain provisions of the Violent Crime Control and Law Enforcement Act of 1994 and the Pam Lychner Sexual Offender Tracking and Identification Act of 1996 relating to sex offender programs. 
 
(Sec. 130) Amends the Victims of Child Abuse Act of 1990 to grant civil and criminal immunity to personnel of the National Center for Missing and Exploited Children arising out of the performance of CyberTipline responsibilities and functions, except for certain intentional, reckless, or malicious conduct.
 
(Sec. 131) Grants immunity to the federal government and jurisdictions for good faith conduct in implementing the requirements of this title.
 

Subtitle B: Improving Federal Criminal Law Enforcement to Ensure Sex Offender Compliance with Registration and Notification Requirements and Protection of Children From Violent Predators - 
(Sec. 141) Amends the federal criminal code to impose a fine and/or prison term of up to 10 years upon convicted sex offenders for failure to register or update a registration as required by the Sex Offender Registration and Notification Act. Allows affirmative defenses to a prosecution for such offense, including an allegation that uncontrollable circumstances prevented registration. Increases criminal penalties for sex offenders who do not register and commit a crime of violence.
 
Directs the U.S. Sentencing Commission to consider certain criteria in promulgating sentencing guidelines for the crime of failure to register.
 
Imposes increased criminal penalties for making false statements in a sex offense registration or in connection with certain sex crimes against children.
 
Modifies probation and supervised release provisions for sex offenders required to register under the Sex Offender Registration and Notification Act.
 
Requires the Director of the Bureau of Prisons to inform persons released from prison of the duty to register as a sex offender.
 
(Sec. 142) Requires the Attorney General to use federal law enforcement resources, including the U.S. Marshals Service, to assist jurisdictions in locating and apprehending sex offenders who fail to register. Authorizes appropriations.
 
(Sec. 143) Directs the Attorney General to create and maintain a Project Safe Childhood program. Designates funding under such program for: (1) integrated federal, state, and local efforts to investigate and prosecute child exploitation cases; (2) major case coordination by the Department of Justice; (3) increased federal involvement in child pornography and enticement cases; (4) law enforcement training; (5) community awareness and educational programs; (6) the addition of not less than eight Assistant U.S. Attorneys for the prosecution of cases under the program; (7) the addition of not less than 10 new Internet Crimes Against Children task forces within the Internet Crimes Against Children (ICAC) Task Force Program; and (8) the development and enhancement by the Federal Bureau of Investigation (FBI) of the Innocent Images task forces. Authorizes appropriations. 
 
(Sec. 144) Directs the Attorney General to provide assistance to jurisdictions in identifying and locating a sex offender relocated due to a major disaster.
 
(Sec. 145) Directs the Attorney General to: (1) expand training and technology efforts to respond to the threat posed by sex offenders who use the Internet and technology to solicit or exploit children; and (2) report to Congress by July 1, 2007, on such efforts. Authorizes appropriations.
 
(Sec. 146) Establishes in the Department of Justice an Office of Sex Offender Sentencing, Monitoring, Apprehending, and Tracking to be headed by a presidentially-appointed Director. Authorizes the Office to: (1) administer the standards for the sex offender registration and notification program; (2) administer grant programs relating to sex offender registration and notification; and (3) cooperate with and provide technical assistance to jurisdictions and other public and private entities involved in sex offender registration or notification activities.
 

Subtitle C: Access to Information and Resources Needed to Ensure that Children are not Attacked or Abused - 
(Sec. 151) Requires the Attorney General to ensure access to the national crime information databases by: (1) the National Center for Missing and Exploited Children; and (2) governmental social service agencies with child protection responsibilities. 
 
(Sec. 152) Amends title IV (Grants to States for Aid and Services to Needy Families with Children and for Child-Welfare Services) of the Social Security Act to require fingerprint-based checks of the national crime information databases and checks of any state child abuse and neglect registry for prospective foster or adoptive parent placements. Eliminates as of October 1, 2008, the ability of states to opt-out of such requirements.
 
(Sec. 153) Schools Safely Acquiring Faculty Excellence Act of 2006 - Requires the Attorney General, upon the request of a state, to conduct fingerprint-based checks of the national crime information databases to assist: (1) child welfare agencies in checking backgrounds of individuals under consideration as prospective foster or adoptive parents or in investigating child abuse or neglect incidents; or (2) private or public schools or educational agencies in checking backgrounds of prospective employees. Restricts the disclosure of such fingerprint information and imposes criminal penalties for unauthorized release of such information. 
 
(Sec. 154) Amends the Crime Control Act of 1990 to prohibit a state law enforcement agency from removing a missing person from its law enforcement data system or the National Crime Information Center computer database based solely on the age of such person.
 
(Sec. 155) Amends the DNA Analysis Backlog Elimination Act of 2000 to authorize the Attorney General to collect DNA samples from individuals who are facing charges or are convicted, in addition to individuals who are arrested (current law).
 

Title II: Federal Criminal Law Enhancements Needed to Protect Children from Sexual Attacks and Other Violent Crimes - 
(Sec. 201) Amends the Controlled Substances Act to prohibit the distribution of date rape drugs using the Internet. Authorizes the Attorney General to designate such drugs.
 
(Sec. 202) Imposes mandatory minimum terms of imprisonment for violent crimes against children, including murder, kidnapping, and violence resulting in serious bodily injury using a dangerous weapon.
 
(Sec. 203) Increases mandatory minimum terms of imprisonment for: (1) coercion and enticement of children to engage in prostitution; (2) sexual abuse; (3) aggravated sexual abuse of children; (4) sex trafficking of children.
 
Increases criminal penalties for: (1) sex crimes against children resulting in death; (2) distribution of materials involving the sexual exploitation of children or child pornography; (3) using misleading Internet domain names to direct children to harmful material; (4) sexual abuse of wards; and (5) failure to report child abuse.
 
(Sec. 210) Requires sex offenders to submit to a search of their person or property as a condition of probation or supervised release. 
 
(Sec. 211) Eliminates any statute of limitation for the prosecution of felony sex offenses involving a minor. 
 
(Sec. 212) Extends certain rights to crime victims in federal habeas corpus proceedings, including the right not be excluded from public court proceedings, the right to be reasonably heard, the right to proceedings free from unreasonable delay, and the right to be treated with fairness and respect.
 
(Sec. 213) Modifies the definition of kidnapping to eliminate the requirement that the victim was alive when the victim's transportation began.
 
(Sec. 214) Directs the U.S. Judicial Conference to study the necessity and desirability of amending the Federal Rules of Evidence to provide that the marital communication and adverse spouse privilege be made inapplicable in any federal criminal proceeding against a spouse who is charged with a crime against a child of, or under the custody or control of, either spouse. 
 
(Sec. 215) Includes the crime of felony child abuse or neglect as a crime punishable within Indian country.
 
(Sec. 216) Amends the federal criminal code to impose certain restrictions on the granting of bail to individuals charged with certain crimes against minors.
 

Title III: Civil Commitment of Dangerous Sex Offenders - 
(Sec. 301) Directs the Attorney General to make grants to jurisdictions for effective civil commitment programs for sexually dangerous persons. Prohibits use of grant money for transitional housing for sexually dangerous persons in locations where minors or other vulnerable individuals are likely to come into contact with such persons.
 
Requires the Attorney General to report to the Judiciary Committees of Congress by January 31 of each year, beginning in 2008, on the progress of jurisdictions in implementing civil commitment programs for sexually dangerous persons and on the rate of sexually violent offenses for each jurisdiction.
 
(Sec. 302) Sets forth procedures for the civil commitment of sexually dangerous persons.
 

Title IV: Immigration Law Reforms to Prevent Sex Offenders from Abusing Children - 
Amends the Immigration and Nationality Act to: (1) make failure to register as a sex offender a deportable offense; (2) prohibit convicted child sex offenders from obtaining approval of certain family-based visas.
 

Title V: Child Pornography Prevention - 
(Sec. 502) Revises recordkeeping requirements for producers of actual sexually explicit conduct to cover digital images or computer-manipulated images of actual human beings. Makes it unlawful for any producer of sexually explicit materials to refuse inspection of its records.
 
(Sec. 503) Imposes new recordkeeping requirements (and penalties for noncompliance) on individuals who produce simulated sexually explicit materials and distribute such materials in interstate commerce. Requires the Attorney General to report to Congress annually on the enforcement of recordkeeping requirements for producers of actual and simulated sexually explicit materials.
 
(Sec. 504) Prohibits the reproduction of child pornography materials by a defendant in a criminal proceeding. Places such materials in the care, custody, and control of the government or the court. Requires that such materials be reasonably available to a defendant and the defendant's attorney or expert witness for inspection, viewing, and examination.
 
(Sec. 505) Revises and expands provisions authorizing civil and criminal asset forfeiture in child sexual exploitation and obscenity cases.
 
(Sec. 506) Amends the federal criminal code to prohibit the production of obscene materials for sale or distribution in interstate commerce (current law prohibits the transportation, distribution, and sale of such materials). 
 
(Sec. 507) Authorizes reasonable compensation and payment of expenses for a guardian ad litem to represent children who are victims of, or witnesses to, sexual abuse or exploitation.
 

Title VI: Grants, Studies, and Programs for Children and Community Safety - Subtitle A: Mentoring Matches for Youth Act - 
Mentoring Matches for Youth Act of 2006 - (Sec. 603) Authorizes the Administrator of the Office of Juvenile Justice and Delinquency to make grants in FY2007-FY2012 to Big Brothers Big Sisters of America to expand mentoring programs for at-risk youth. Requires Big Brothers Big Sisters to make biannual reports to the Administrator on such mentoring programs. Authorizes appropriations. 
 

Subtitle B: National Police Athletic League Youth Enrichment Act - 
 National Police Athletic League Youth Enrichment Reauthorization Act of 2006 - (Sec. 614) - Reauthorizes grant authority and appropriations through FY2010 for the National Police Athletic League Youth Enrichment program. Requires funds authorized for police athletic league programs to be used for character development and leadership training.
 

Subtitle C: Grants, Studies, and Other Provisions - 
(Sec. 621) Authorizes the Attorney General to award grants (referred to as Jessica Lunsford and Sarah Lunde Grants) for three years to states, local governments, and Indian tribal governments to outfit sex offenders with electric monitoring units. Requires the Attorney General to: (1) fund different approaches to monitoring to allow an assessment of the effectiveness of the program; and (2) report to Congress on the program by September 1, 2010. 
 
(Sec. 622) Amends the federal criminal code to direct the Bureau of Prisons to provide sex offenders with sex offender management and residential sex offender treatment programs. Authorizes appropriations.
 
(Sec. 623) Amends the OCCSSA to authorize the Attorney General to make grants to assist governments and private entities in enforcing sex offender registration requirements and in the treatment of juvenile sex offenders. 
 
(Sec. 624) Directs the Attorney General to make grants to help prosecute cases cleared through use of DNA backlog clearance funds. 
 
(Sec. 625) Authorizes the Bureau of Justice Assistance to make grants to law enforcement agencies to combat sexual abuse of children. Directs the Attorney General to give priority to law enforcement agencies making a showing of need. 
 
(Sec. 626) Amends the OCCSSA to authorize the Attorney General to make grants to private nonprofit entities to promote crime prevention through public outreach and media campaigns. 
 
(Sec. 627) Directs the Attorney General to establish and implement a grant program for the voluntary fingerprinting of children. Limits the release of child fingerprint information to a parent or guardian of the child. Authorizes appropriations.
 
(Sec. 628) Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to issue rules, coordinate programs, and provide adequate staffing to implement the annual grant program for the Rape, Abuse & Incest National Network (RAINN). 
 
(Sec. 629) Authorizes the Attorney General, in consultation with the National Center for Missing and Exploited Children, to carry out a public awareness compaign to protect children when such children are on the Internet. 
 
(Sec. 630) Directs the Attorney General to make grants for online child safety programs.
 
(Sec. 631) Establishes the Jessica Lunsford Address Verification Grant Program to authorize the Attorney General to award grants for the verification of the residence of all or some registered sex offenders. Requires the Attorney General to report to Congress on the verification program by April 1, 2009.
 
(Sec. 632) Directs the U.S. Marshals Service to establish, direct, and coordinate a Fugitive Safe Surrender Program for the safe, secure, and peaceful apprehension of federal, state, and local fugitives.
 
(Sec. 633) Directs the Secretary of Health and Human Services to: (1) create a national registry of substantiated cases of child abuse or neglect; (2) establish standards for the dissemination of information in the registry; and (3) conduct a study on the feasibility of establishing data collection standards for the registry. 
 
Directs the Secretary of Homeland Security to report to specified committees of Congress on the study on data collection standards for a national registry of substantiated cases of child abuse or neglect. 
 
(Sec. 634) Directs the National Institute of Justice to conduct a comprehensive study of the control, prosecution, treatment, and monitoring of sex offenders and to report its finding to Congress, through the Internet to the public, to each governor, to the Mayor of the District of Columbia, to territory heads, and to top officials of Indian tribes. 
 
(Sec. 635) Directs the Attorney General to make annual reports to Congress (by July 1) on the enforcement of sex offender registration requirements. 
 
(Sec. 636) Requires the Government Accountability Office (GAO) to: (1) conduct a study to assess the capabilities of states to use driver's license registration processes as additional registration requirements for sex offenders; and (2) evaluate the effectiveness of certain Nevada statutes relating to sex offender registration.
 
(Sec. 637) Directs the Attorney General to study and report to Congress on risk-based sex offender classification systems.
 
(Sec. 638) Directs the Attorney General to study and report to the House and Senate Judiciary Committees on the effectiveness of monitoring and restricting the activities of sex offenders to reduce the occurrence of repeat offenses.
 
(Sec. 639) Justice for Crime Victims Family Act - Requires the Attorney General to report to the Judiciary Committees on measures needed to improve the performance of homicide investigators and for solving homicides involving missing persons and unidentified human remains.
 
 Authorizes appropriations.
 

Title VII: Internet Safety Act - 
(Sec. 701) Amends the federal criminal code to: (1) impose criminal penalties for participation in a child exploitation enterprise; (2) increase penalties for registered sex offenders who commit a felony sex offense against a minor; and (3) prohibit the embedding of deceptive words or images in a website to deceive an individual, including a minor, into viewing obscene material.
 
(Sec. 704) Directs the Attorney General to increase by not less than 200 the number of U.S. attorneys and assign such attorneys to prosecute offenses relating to the sexual exploitation of children. 
 
(Sec. 705) Directs the Attorney General to increase by not less than 30 the number of computer forensic examiners within the Regional Computer Forensic Laboratories, and requires the Secretary of Homeland Security to increase by not less than 15 the number of such examiners within the Cyber Crimes Center, who shall be dedicated to investigating crimes involving the sexual exploitation of children. 
 
(Sec. 706) Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to increase by not less than 10 the number of Internet Crimes Against Children (ICAC) Task Forces authorized and funded under the Juvenile Justice and Delinquency Prevention Act of 1974. 
 
(Sec. 707) Masha's Law - Revises provisions allowing victims of certain sex-related crimes to seek civil remedies to: (1) allow adults as well as minors to sue for injuries; and (2) increase from $50,000 to $150,000 the minimum level of damages. 
 
Authorizes appropriations.


Legislative actions:
action_date: 2006-07-27
text: Became Public Law No: 109-248.
action_date: 2006-07-27
text: Became Public Law No: 109-248.
action_date: 2006-07-27
text: Signed by President.
action_date: 2006-07-27
text: Signed by President.
action_date: 2006-07-26
text: Presented to President.
action_date: 2006-07-26
text: Presented to President.
action_date: 2006-07-25
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2006-07-25
text: On motion that the House suspend the rules and agree to the Senate amendments Agreed to by voice vote. (text as House agreed to Senate amendment: CR H5705-5722)
action_date: 2006-07-25
text: Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendments Agreed to by voice vote.(text as House agreed to Senate amendment: CR H5705-5722)
action_date: 2006-07-25
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 4472.
action_date: 2006-07-25
text: Mr. Sensenbrenner moved that the House suspend the rules and agree to the Senate amendments. (consideration: CR H5705-5731)
action_date: 2006-07-21
text: Message on Senate action sent to the House.
action_date: 2006-07-20
text: Passed Senate with an amendment and an amendment to the Title by Voice Vote.
action_date: 2006-07-20
text: Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Voice Vote.
action_date: 2006-07-20
text: Measure laid before Senate by unanimous consent. (consideration: CR S8012-8031)
action_date: 2006-03-27
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 379.
action_date: 2006-03-16
text: Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2006-03-09
text: Received in the Senate.
action_date: 2006-03-08
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2006-03-08
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H658-676)
action_date: 2006-03-08
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H658-676)
action_date: 2006-03-08
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 4472.
action_date: 2006-03-08
text: Considered under suspension of the rules. (consideration: CR H657-692)
action_date: 2006-03-08
text: Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
action_date: 2005-12-08
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-12-08
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-12-08
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-12-08
text: Introduced in House
action_date: 2005-12-08
text: Introduced in House

Enacted as: number: 109-248