ADAM WALSH CHILD

PROTECTION AND SAFETY ACT OF 2006

HR 4472 EAS

In the Senate of the United States,

July 20, 2006.

Resolved, That the bill from the House of Representatives (H.R. 4472) entitled `An Act to protect children,

to secure the safety of judges, prosecutors, law enforcement officers, and their family members, to reduce

and prevent gang violence, and for other purposes.', do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Adam Walsh Child Protection and Safety Act of

2006'.

(b) Table of Contents- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. In recognition of John and Reve Walsh on the occasion of the 25th anniversary of

Adam Walsh's abduction and murder.

TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT

Sec. 101. Short title.

Sec. 102. Declaration of purpose.

Sec. 103. Establishment of program.

Subtitle A--Sex Offender Registration and Notification

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

and expanded inclusion of child predators.

Sec. 112. Registry requirements for jurisdictions.

Sec. 113. Registry requirements for sex offenders.

Sec. 114. Information required in registration.

Sec. 115. Duration of registration requirement.

Sec. 116. Periodic in person verification.

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

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

Sec. 119. National Sex Offender Registry.

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

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

Program.

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

Sec. 123. Development and availability of registry management and website software.

Sec. 124. Period for implementation by jurisdictions.

Sec. 125. Failure of jurisdiction to comply.

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

Sec. 127. Election by Indian tribes.

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

Sec. 129. Repeal of predecessor sex offender program.

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

Children.

Sec. 131. Immunity for good faith conduct.

Subtitle B--Improving Federal Criminal Law Enforcement To Ensure Sex

Offender Compliance With Registration and Notification Requirements and

Protection of Children From Violent Predators

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

registration.

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

Sec. 143. Project Safe Childhood.

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

result of a major disaster.

Sec. 145. Expansion of training and technology efforts.

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

Tracking.

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

Are Not Attacked or Abused

Sec. 151. Access to national crime information databases.

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

adoptive placement and to check national crime information databases and State child

abuse registries; suspension and subsequent elimination of Opt-Out.

Sec. 153. Schools Safe Act.

Sec. 154. Missing child reporting requirements.

Sec. 155. DNA fingerprinting.

TITLE II--FEDERAL CRIMINAL LAW ENHANCEMENTS NEEDED TO

PROTECT CHILDREN FROM SEXUAL ATTACKS AND OTHER VIOLENT

CRIMES

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

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

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

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

Sec. 205. Penalties for sexual abuse.

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

Sec. 207. Sexual abuse of wards.

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

Sec. 209. Child abuse reporting.

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

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

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

Sec. 213. Kidnapping jurisdiction.

Sec. 214. Marital communication and adverse spousal privilege.

Sec. 215. Abuse and neglect of Indian children.

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

TITLE III--CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS

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

Sec. 302. Jimmy Ryce civil commitment program.

TITLE IV--IMMIGRATION LAW REFORMS TO PREVENT SEX

OFFENDERS FROM ABUSING CHILDREN

Sec. 401. Failure to register a deportable offense.

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

TITLE V--CHILD PORNOGRAPHY PREVENTION

Sec. 501. Findings.

Sec. 502. Other record keeping requirements.

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

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

prosecutions.

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

obscenity cases.

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

and sale.

Sec. 507. Guardians ad litem.

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

COMMUNITY SAFETY

Subtitle A--Mentoring Matches for Youth Act

Sec. 601. Short title.

Sec. 602. Findings.

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

Sec. 604. Biannual report.

Sec. 605. Authorization of appropriations.

Subtitle B--National Police Athletic League Youth Enrichment Act

Sec. 611. Short title.

Sec. 612. Findings.

Sec. 613. Purpose.

Sec. 614. Grants authorized.

Sec. 615. Use of funds.

Sec. 616. Authorization of appropriations.

Sec. 617. Name of League.

Subtitle C--Grants, Studies, and Other Provisions

Sec. 621. Pilot program for monitoring sexual offenders.

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

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

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

clearance funds.

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

Sec. 626. Crime prevention campaign grant.

Sec. 627. Grants for fingerprinting programs for children.

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

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

Sec. 630. Grants for online child safety programs.

Sec. 631. Jessica Lunsford Address Verification Grant Program.

Sec. 632. Fugitive safe surrender.

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

Sec. 634. Comprehensive examination of sex offender issues.

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

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

registration processes as additional registration requirements for sex offenders.

Sec. 637. Sex offender risk classification study.

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

the occurrence of repeat offenses.

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

TITLE VII--INTERNET SAFETY ACT

Sec. 701. Child exploitation enterprises.

Sec. 702. Increased penalties for registered sex offenders.

Sec. 703. Deception by embedded words or images.

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

children.

Sec. 705. Additional computer-related resources.

Sec. 706. Additional ICAC Task Forces.

Sec. 707. Masha's Law.

SEC. 2. IN RECOGNITION OF JOHN AND REVE WALSH ON THE

OCCASION OF THE 25TH ANNIVERSARY OF ADAM WALSH'S

ABDUCTION AND MURDER.

(a) Adam Walsh's Abduction and Murder- On July 27, 1981, in Hollywood, Florida, 6-year-old

Adam Walsh was abducted at a mall. Two weeks later, some of Adam's remains were

discovered in a canal more than 100 miles from his home.

(b) John and reve Walsh's Commitment to the Safety of Children- Since the abduction and

murder of their son Adam, both John and Reve Walsh have dedicated themselves to protecting

children from child predators, preventing attacks on our children, and bringing child predators

to justice. Their commitment has saved the lives of numerous children. Congress, and the

American people, honor John and Reve Walsh for their dedication to the well-being and safety

of America's children.

TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT

SEC. 101. SHORT TITLE.

This title may be cited as the `Sex Offender Registration and Notification Act'.

SEC. 102. DECLARATION OF PURPOSE.

In order to protect the public from sex offenders and offenders against children, and in

response to the vicious attacks by violent predators against the victims listed below, Congress

in this Act establishes a comprehensive national system for the registration of those offenders:

(1) Jacob Wetterling, who was 11 years old, was abducted in 1989 in Minnesota, and

remains missing.

(2) Megan Nicole Kanka, who was 7 years old, was abducted, sexually assaulted, and

murdered in 1994, in New Jersey.

(3) Pam Lychner, who was 31 years old, was attacked by a career offender in Houston,

Texas.

(4) Jetseta Gage, who was 10 years old, was kidnapped, sexually assaulted, and

murdered in 2005, in Cedar Rapids, Iowa.

(5) Dru Sjodin, who was 22 years old, was sexually assaulted and murdered in 2003, in

North Dakota.

(6) Jessica Lunsford, who was 9 years old, was abducted, sexually assaulted, buried alive,

and murdered in 2005, in Homosassa, Florida.

(7) Sarah Lunde, who was 13 years old, was strangled and murdered in 2005, in Ruskin,

Florida.

(8) Amie Zyla, who was 8 years old, was sexually assaulted in 1996 by a juvenile offender

in Waukesha, Wisconsin, and has become an advocate for child victims and protection of

children from juvenile sex offenders.

(9) Christy Ann Fornoff, who was 13 years old, was abducted, sexually assaulted, and

murdered in 1984, in Tempe, Arizona.

(10) Alexandra Nicole Zapp, who was 30 years old, was brutally attacked and murdered

in a public restroom by a repeat sex offender in 2002, in Bridgewater, Massachusetts.

(11) Polly Klaas, who was 12 years old, was abducted, sexually assaulted, and murdered

in 1993 by a career offender in California.

(12) Jimmy Ryce, who was 9 years old, was kidnapped and murdered in Florida on

September 11, 1995.

(13) Carlie Brucia, who was 11 years old, was abducted and murdered in Florida in

February, 2004.

(14) Amanda Brown, who was 7 years old, was abducted and murdered in Florida in

1998.

(15) Elizabeth Smart, who was 14 years old, was abducted in Salt Lake City, Utah in

June 2002.

(16) Molly Bish, who was 16 years old, was abducted in 2000 while working as a

lifeguard in Warren, Massachusetts, where her remains were found 3 years later.

(17) Samantha Runnion, who was 5 years old, was abducted, sexually assaulted, and

murdered in California on July 15, 2002.

SEC. 103. ESTABLISHMENT OF PROGRAM.

This Act establishes the Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex

Offender Registration and Notification Program.

Subtitle A--Sex Offender Registration and Notification

SEC. 111. RELEVANT DEFINITIONS, INCLUDING AMIE ZYLA

EXPANSION OF SEX OFFENDER DEFINITION AND EXPANDED

INCLUSION OF CHILD PREDATORS.

In this title the following definitions apply:

(1) SEX OFFENDER- The term `sex offender' means an individual who was convicted of

a sex offense.

(2) TIER I SEX OFFENDER- The term `tier I sex offender' means a sex offender other

than a tier II or tier III sex offender.

(3) TIER II SEX OFFENDER- The term `tier II sex offender' means a sex offender other

than a tier III sex offender whose offense is punishable by imprisonment for more than 1

year and--

(A) is comparable to or more severe than the following offenses, when committed

against a minor, or an attempt or conspiracy to commit such an offense against a

minor:

(i) sex trafficking (as described in section 1591 of title 18, United States

Code);

ii) coercion and enticement (as described in section 2422(b) of title 18,

United States Code);

(iii) transportation with intent to engage in criminal sexual activity (as

described in section 2423(a)) of title 18, United States Code;

(iv) abusive sexual contact (as described in section 2244 of title 18, United

States Code);

(B) involves--

(i) use of a minor in a sexual performance;

(ii) solicitation of a minor to practice prostitution; or

(iii) production or distribution of child pornography; or

(C) occurs after the offender becomes a tier I sex offender.

(4) TIER III SEX OFFENDER- The term `tier III sex offender' means a sex offender

whose offense is punishable by imprisonment for more than 1 year and--

(A) is comparable to or more severe than the following offenses, or an attempt or

conspiracy to commit such an offense:

(i) aggravated sexual abuse or sexual abuse (as described in sections 2241

and 2242 of title 18, United States Code); or

(ii) abusive sexual contact (as described in section 2244 of title 18, United

States Code) against a minor who has not attained the age of 13 years;

(B) involves kidnapping of a minor (unless committed by a parent or guardian); or

(C) occurs after the offender becomes a tier II sex offender.

(5) AMIE ZYLA EXPANSION OF SEX OFFENSE DEFINITION-

(A) GENERALLY- Except as limited by subparagraph (B) or (C), the term `sex

offense' means--

(i) a criminal offense that has an element involving a sexual act or sexual

contact with another;

(ii) a criminal offense that is a specified offense against a minor;

(iii) a Federal offense (including an offense prosecuted under section 1152 or

1153 of title 18, United States Code) under section 1591, or chapter 109A,

110 (other than section 2257, 2257A, or 2258), or 117, of title 18, United

States Code;

(iv) a military offense specified by the Secretary of Defense under section

115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note); or

(v) an attempt or conspiracy to commit an offense described in clauses (i)

through (iv).

(B) FOREIGN CONVICTIONS- A foreign conviction is not a sex offense for the

purposes of this title if it was not obtained with sufficient safeguards for

fundamental fairness and due process for the accused under guidelines or

regulations established under section 112.

(C) OFFENSES INVOLVING CONSENSUAL SEXUAL CONDUCT- An offense

involving consensual sexual conduct is not a sex offense for the purposes of this

title if the victim was an adult, unless the adult was under the custodial authority of

the offender at the time of the offense, or if the victim was at least 13 years old and

the offender was not more than 4 years older than the victim.

(6) CRIMINAL OFFENSE- The term `criminal offense' means a State, local, tribal,

foreign, or military offense (to the extent specified by the Secretary of Defense under

section 115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note)) or other criminal

offense.

(7) EXPANSION OF DEFINITION OF `SPECIFIED OFFENSE AGAINST A MINOR' TO

INCLUDE ALL OFFENSES BY CHILD PREDATORS- The term `specified offense

against a minor' means an offense against a minor that involves any of the following:

(A) An offense (unless committed by a parent or guardian) involving kidnapping.

(B) An offense (unless committed by a parent or guardian) involving false

imprisonment.

(C) Solicitation to engage in sexual conduct.

(D) Use in a sexual performance.

(E) Solicitation to practice prostitution.

(F) Video voyeurism as described in section 1801 of title 18, United States Code.

(G) Possession, production, or distribution of child pornography.

(H) Criminal sexual conduct involving a minor, or the use of the Internet to

facilitate or attempt such conduct.

(I) Any conduct that by its nature is a sex offense against a minor.

(8) CONVICTED AS INCLUDING CERTAIN JUVENILE ADJUDICATIONS- The term

`convicted' or a variant thereof, used with respect to a sex offense, includes adjudicated

delinquent as a juvenile for that offense, but only if the offender is 14 years of age or

older at the time of the offense and the offense adjudicated was comparable to or more

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

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

(9) SEX OFFENDER REGISTRY- The term `sex offender registry' means a registry of sex

offenders, and a notification program, maintained by a jurisdiction.

(10) JURISDICTION- The term `jurisdiction' means any of the following:

(A) A State.

(B) The District of Columbia.

(C) The Commonwealth of Puerto Rico.

(D) Guam.

(E) American Samoa.

(F) The Northern Mariana Islands.

(G) The United States Virgin Islands.

(H) To the extent provided and subject to the requirements of section 127, a

federally recognized Indian tribe.

(11) STUDENT- The term `student' means an individual who enrolls in or attends an

educational institution, including (whether public or private) a secondary school, trade or

professional school, and institution of higher education.

(12) EMPLOYEE- The term `employee' includes an individual who is self-employed or

works for any other entity, whether compensated or not.

(13) RESIDES- The term `resides' means, with respect to an individual, the location of the

individual's home or other place where the individual habitually lives.

(14) MINOR- The term `minor' means an individual who has not attained the age of 18

years.

SEC. 112. REGISTRY REQUIREMENTS FOR JURISDICTIONS.

(a) Jurisdiction To Maintain a Registry- Each jurisdiction shall maintain a jurisdiction-wide sex

offender registry conforming to the requirements of this title.

(b) Guidelines and Regulations- The Attorney General shall issue guidelines and regulations to

interpret and implement this title.

SEC. 113. REGISTRY REQUIREMENTS FOR SEX OFFENDERS.

(a) In General- A sex offender shall register, and keep the registration current, in each

jurisdiction where the offender resides, where the offender is an employee, and where the

offender is a student. For initial registration purposes only, a sex offender shall also register in

the jurisdiction in which convicted if such jurisdiction is different from the jurisdiction of

residence.

(b) Initial Registration- The sex offender shall initially register--

(1) before completing a sentence of imprisonment with respect to the offense giving rise

to the registration requirement; or

(2) not later than 3 business days after being sentenced for that offense, if the sex

offender is not sentenced to a term of imprisonment.

(c) Keeping the Registration Current- A sex offender shall, not later than 3 business days after

each change of name, residence, employment, or student status, appear in person in at least 1

jurisdiction involved pursuant to subsection (a) and inform that jurisdiction of all changes in

the information required for that offender in the sex offender registry. That jurisdiction shall

immediately provide that information to all other jurisdictions in which the offender is required

to register.

(d) Initial Registration of Sex Offenders Unable To Comply With Subsection (b)- The Attorney

General shall have the authority to specify the applicability of the requirements of this title to

sex offenders convicted before the enactment of this Act or its implementation in a particular

jurisdiction, and to prescribe rules for the registration of any such sex offenders and for other

categories of sex offenders who are unable to comply with subsection (b).

(e) State Penalty for Failure To Comply- Each jurisdiction, other than a Federally recognized

Indian tribe, shall provide a criminal penalty that includes a maximum term of imprisonment

that is greater than 1 year for the failure of a sex offender to comply with the requirements of

this title.

SEC. 114. INFORMATION REQUIRED IN REGISTRATION.

(a) Provided by the Offender- The sex offender shall provide the following information to the

appropriate official for inclusion in the sex offender registry:

(1) The name of the sex offender (including any alias used by the individual).

(2) The Social Security number of the sex offender.

(3) The address of each residence at which the sex offender resides or will reside.

(4) The name and address of any place where the sex offender is an employee or will be

an employee.

(5) The name and address of any place where the sex offender is a student or will be a

student.

(6) The license plate number and a description of any vehicle owned or operated by the

sex offender.

(7) Any other information required by the Attorney General.

(b) Provided by the Jurisdiction- The jurisdiction in which the sex offender registers shall

ensure that the following information is included in the registry for that sex offender:

(1) A physical description of the sex offender.

(2) The text of the provision of law defining the criminal offense for which the sex

offender is registered.

(3) The criminal history of the sex offender, including the date of all arrests and

convictions; the status of parole, probation, or supervised release; registration status;

and the existence of any outstanding arrest warrants for the sex offender.

(4) A current photograph of the sex offender.

(5) A set of fingerprints and palm prints of the sex offender.

(6) A DNA sample of the sex offender.

(7) A photocopy of a valid driver's license or identification card issued to the sex offender

by a jurisdiction.

(8) Any other information required by the Attorney General.

SEC. 115. DURATION OF REGISTRATION REQUIREMENT.

(a) Full Registration Period- A sex offender shall keep the registration current for the full

registration period (excluding any time the sex offender is in custody or civilly committed)

unless the offender is allowed a reduction under subsection (b). The full registration period is--

(1) 15 years, if the offender is a tier I sex offender;

(2) 25 years, if the offender is a tier II sex offender; and

(3) the life of the offender, if the offender is a tier III sex offender.

(b) Reduced Period for Clean Record-

(1) CLEAN RECORD- The full registration period shall be reduced as described in

paragraph (3) for a sex offender who maintains a clean record for the period described in

paragraph (2) by--

(A) not being convicted of any offense for which imprisonment for more than 1

year may be imposed;

(B) not being convicted of any sex offense;

(C) successfully completing any periods of supervised release, probation, and

parole; and

(D) successfully completing of an appropriate sex offender treatment program

certified by a jurisdiction or by the Attorney General.

(2) PERIOD- In the case of--

(A) a tier I sex offender, the period during which the clean record shall be

maintained is 10 years; and

(B) a tier III sex offender adjudicated delinquent for the offense which required

registration in a sex registry under this title, the period during which the clean

record shall be maintained is 25 years.

(3) REDUCTION- In the case of--

(A) a tier I sex offender, the reduction is 5 years;

(B) a tier III sex offender adjudicated delinquent, the reduction is from life to that

period for which the clean record under paragraph (2) is maintained.

SEC. 116. PERIODIC IN PERSON VERIFICATION.

A sex offender shall appear in person, allow the jurisdiction to take a current photograph, and

verify the information in each registry in which that offender is required to be registered not

less frequently than--

(1) each year, if the offender is a tier I sex offender;

(2) every 6 months, if the offender is a tier II sex offender; and

(3) every 3 months, if the offender is a tier III sex offender.

SEC. 117. DUTY TO NOTIFY SEX OFFENDERS OF REGISTRATION

REQUIREMENTS AND TO REGISTER.

(a) In General- An appropriate official shall, shortly before release of the sex offender from

custody, or, if the sex offender is not in custody, immediately after the sentencing of the sex

offender, for the offense giving rise to the duty to register--

(1) inform the sex offender of the duties of a sex offender under this title and explain

those duties;

(2) require the sex offender to read and sign a form stating that the duty to register has

been explained and that the sex offender understands the registration requirement; and

(3) ensure that the sex offender is registered.

(b) Notification of Sex Offenders Who Cannot Comply With Subsection (a)- The Attorney

General shall prescribe rules for the notification of sex offenders who cannot be registered in

accordance with subsection (a).

SEC. 118. PUBLIC ACCESS TO SEX OFFENDER INFORMATION

THROUGH THE INTERNET.

(a) In General- Except as provided in this section, each jurisdiction shall make available on the

Internet, in a manner that is readily accessible to all jurisdictions and to the public, all

information about each sex offender in the registry. The jurisdiction shall maintain the Internet

site in a manner that will permit the public to obtain relevant information for each sex offender

by a single query for any given zip code or geographic radius set by the user. The jurisdiction

shall also include in the design of its Internet site all field search capabilities needed for full

participation in the Dru Sjodin National Sex Offender Public Website and shall participate in

that website as provided by the Attorney General.

(b) Mandatory Exemptions- A jurisdiction shall exempt from disclosure--

(1) the identity of any victim of a sex offense;

(2) the Social Security number of the sex offender;

(3) any reference to arrests of the sex offender that did not result in conviction; and

(4) any other information exempted from disclosure by the Attorney General.

(c) Optional Exemptions- A jurisdiction may exempt from disclosure--

(1) any information about a tier I sex offender convicted of an offense other than a

specified offense against a minor;

(2) the name of an employer of the sex offender;

(3) the name of an educational institution where the sex offender is a student; and

(4) any other information exempted from disclosure by the Attorney General.

(d) Links- The site shall include, to the extent practicable, links to sex offender safety and

education resources.

(e) Correction of Errors- The site shall include instructions on how to seek correction of

information that an individual contends is erroneous.

(f) Warning- The site shall include a warning that information on the site should not be used to

unlawfully injure, harass, or commit a crime against any individual named in the registry or

residing or working at any reported address. The warning shall note that any such action could

result in civil or criminal penalties.

SEC. 119. NATIONAL SEX OFFENDER REGISTRY.

(a) Internet- The Attorney General shall maintain a national database at the Federal Bureau of

Investigation for each sex offender and any other person required to register in a jurisdiction's

sex offender registry. The database shall be known as the National Sex Offender Registry.

(b) Electronic Forwarding- The Attorney General shall ensure (through the National Sex

Offender Registry or otherwise) that updated information about a sex offender is immediately

transmitted by electronic forwarding to all relevant jurisdictions.

SEC. 120. DRU SJODIN NATIONAL SEX OFFENDER PUBLIC WEBSITE.

(a) Establishment- There is established the Dru Sjodin National Sex Offender Public Website

(hereinafter in this section referred to as the `Website'), which the Attorney General shall

maintain.

(b) Information To Be Provided- The Website shall include relevant information for each sex

offender and other person listed on a jurisdiction's Internet site. The Website shall allow the

public to obtain relevant information for each sex offender by a single query for any given zip

code or geographical radius set by the user in a form and with such limitations as may be

established by the Attorney General and shall have such other field search capabilities as the

Attorney General may provide.

SEC. 121. MEGAN NICOLE KANKA AND ALEXANDRA NICOLE ZAPP

COMMUNITY NOTIFICATION PROGRAM.

(a) Establishment of Program- There is established the Megan Nicole Kanka and Alexandra

Nicole Zapp Community Notification Program (hereinafter in this section referred to as the

`Program').

(b) Program Notification- Except as provided in subsection (c), immediately after a sex

offender registers or updates a registration, an appropriate official in the jurisdiction shall

provide the information in the registry (other than information exempted from disclosure by the

Attorney General) about that offender to the following:

(1) The Attorney General, who shall include that information in the National Sex

Offender Registry or other appropriate databases.

(2) Appropriate law enforcement agencies (including probation agencies, if appropriate),

and each school and public housing agency, in each area in which the individual resides,

is an employee or is a student.

(3) Each jurisdiction where the sex offender resides, is an employee, or is a student, and

each jurisdiction from or to which a change of residence, employment, or student status

occurs.

(4) Any agency responsible for conducting employment-related background checks under

section 3 of the National Child Protection Act of 1993 (42 U.S.C. 5119a).

(5) Social service entities responsible for protecting minors in the child welfare system.

(6) Volunteer organizations in which contact with minors or other vulnerable individuals

might occur.

(7) Any organization, company, or individual who requests such notification pursuant to

procedures established by the jurisdiction.

(c) Frequency- Notwithstanding subsection (b), an organization or individual described in

subsection (b)(6) or (b)(7) may opt to receive the notification described in that subsection no

less frequently than once every five business days.

SEC. 122. ACTIONS TO BE TAKEN WHEN SEX OFFENDER FAILS TO

COMPLY.

An appropriate official shall notify the Attorney General and appropriate law enforcement

agencies of any failure by a sex offender to comply with the requirements of a registry and

revise the jurisdiction's registry to reflect the nature of that failure. The appropriate official, the

Attorney General, and each such law enforcement agency shall take any appropriate action to

ensure compliance.

SEC. 123. DEVELOPMENT AND AVAILABILITY OF REGISTRY

MANAGEMENT AND WEBSITE SOFTWARE.

(a) Duty To Develop and Support- The Attorney General shall, in consultation with the

jurisdictions, develop and support software to enable jurisdictions to establish and operate

uniform sex offender registries and Internet sites.

(b) Criteria- The software should facilitate--

(1) immediate exchange of information among jurisdictions;

(2) public access over the Internet to appropriate information, including the number of

registered sex offenders in each jurisdiction on a current basis;

(3) full compliance with the requirements of this title; and

(4) communication of information to community notification program participants as

required under section 121.

(c) Deadline- The Attorney General shall make the first complete edition of this software

available to jurisdictions within 2 years of the date of the enactment of this Act.

SEC. 124. PERIOD FOR IMPLEMENTATION BY JURISDICTIONS.

(a) Deadline- Each jurisdiction shall implement this title before the later of--

(1) 3 years after the date of the enactment of this Act; and

(2) 1 year after the date on which the software described in section 123 is available.

(b) Extensions- The Attorney General may authorize up to two 1-year extensions of the

deadline.

SEC. 125. FAILURE OF JURISDICTION TO COMPLY.

(a) In General- For any fiscal year after the end of the period for implementation, a jurisdiction

that fails, as determined by the Attorney General, to substantially implement this title shall not

receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the

jurisdiction under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets

Act of 1968 (42 U.S.C. 3750 et seq.).

(b) State Constitutionality-

(1) IN GENERAL- When evaluating whether a jurisdiction has substantially implemented

this title, the Attorney General shall consider whether the jurisdiction is unable to

substantially implement this title because of a demonstrated inability to implement

certain provisions that would place the jurisdiction in violation of its constitution, as

determined by a ruling of the jurisdiction's highest court.

(2) EFFORTS- If the circumstances arise under paragraph (1), then the Attorney General

and the jurisdiction shall make good faith efforts to accomplish substantial

implementation of this title and to reconcile any conflicts between this title and the

jurisdiction's constitution. In considering whether compliance with the requirements of

this title would likely violate the jurisdiction's constitution or an interpretation thereof by

the jurisdiction's highest court, the Attorney General shall consult with the chief

executive and chief legal officer of the jurisdiction concerning the jurisdiction's

interpretation of the jurisdiction's constitution and rulings thereon by the jurisdiction's

highest court.

(3) ALTERNATIVE PROCEDURES- If the jurisdiction is unable to substantially

implement this title because of a limitation imposed by the jurisdiction's constitution, the

Attorney General may determine that the jurisdiction is in compliance with this Act if the

jurisdiction has made, or is in the process of implementing reasonable alternative

procedures or accommodations, which are consistent with the purposes of this Act.

(4) FUNDING REDUCTION- If a jurisdiction does not comply with paragraph (3), then

the jurisdiction shall be subject to a funding reduction as specified in subsection (a).

(c) Reallocation- Amounts not allocated under a program referred to in this section to a

jurisdiction for failure to substantially implement this title shall be reallocated under that

program to jurisdictions that have not failed to substantially implement this title or may be

reallocated to a jurisdiction from which they were withheld to be used solely for the purpose of

implementing this title.

(d) Rule of Construction- The provisions of this title that are cast as directions to jurisdictions

or their officials constitute, in relation to States, only conditions required to avoid the reduction

of Federal funding under this section.

SEC. 126. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA)

PROGRAM.

(a) In General- The Attorney General shall establish and implement a Sex Offender

Management Assistance program (in this title referred to as the `SOMA program'), under which

the Attorney General may award a grant to a jurisdiction to offset the costs of implementing

this title.

(b) Application- The chief executive of a jurisdiction desiring a grant under this section shall, on

an annual basis, submit to the Attorney General an application in such form and containing

such information as the Attorney General may require.

(c) Bonus Payments for Prompt Compliance- A jurisdiction that, as determined by the Attorney

General, has substantially implemented this title not later than 2 years after the date of the

enactment of this Act is eligible for a bonus payment. The Attorney General may make such a

payment under the SOMA program for the first fiscal year beginning after that determination.

The amount of the payment shall be--

(1) 10 percent of the total received by the jurisdiction under the SOMA program for the

preceding fiscal year, if that implementation is not later than 1 year after the date of

enactment of this Act; and

(2) 5 percent of such total, if not later than 2 years after that date.

(d) Authorization of Appropriations- In addition to any amounts otherwise authorized to be

appropriated, there are authorized to be appropriated such sums as may be necessary to the

Attorney General, to be available only for the SOMA program, for fiscal years 2007 through

2009.

SEC. 127. ELECTION BY INDIAN TRIBES.

(a) Election-

(1) IN GENERAL- A federally recognized Indian tribe may, by resolution or other

enactment of the tribal council or comparable governmental body--

(A) elect to carry out this subtitle as a jurisdiction subject to its provisions; or

(B) elect to delegate its functions under this subtitle to another jurisdiction or

jurisdictions within which the territory of the tribe is located and to provide access

to its territory and such other cooperation and assistance as may be needed to

enable such other jurisdiction or jurisdictions to carry out and enforce the

requirements of this subtitle.

(2) IMPUTED ELECTION IN CERTAIN CASES- A tribe shall be treated as if it had

made the election described in paragraph (1)(B) if--

(A) it is a tribe subject to the law enforcement jurisdiction of a State under section

1162 of title 18, United States Code;

(B) the tribe does not make an election under paragraph (1) within 1 year of the

enactment of this Act or rescinds an election under paragraph (1)(A); or

(C) the Attorney General determines that the tribe has not substantially

implemented the requirements of this subtitle and is not likely to become capable of

doing so within a reasonable amount of time.

(b) Cooperation Between Tribal Authorities and Other Jurisdictions-

(1) NONDUPLICATION- A tribe subject to this subtitle is not required to duplicate

functions under this subtitle which are fully carried out by another jurisdiction or

jurisdictions within which the territory of the tribe is located.

(2) COOPERATIVE AGREEMENTS- A tribe may, through cooperative agreements with

such a jurisdiction or jurisdictions--

(A) arrange for the tribe to carry out any function of such a jurisdiction under this

subtitle with respect to sex offenders subject to the tribe's jurisdiction; and

(B) arrange for such a jurisdiction to carry out any function of the tribe under this

subtitle with respect to sex offenders subject to the tribe's jurisdiction.

SEC. 128. REGISTRATION OF SEX OFFENDERS ENTERING THE UNITED

STATES.

The Attorney General, in consultation with the Secretary of State and the Secretary of

Homeland Security, shall establish and maintain a system for informing the relevant

jurisdictions about persons entering the United States who are required to register under this

title. The Secretary of State and the Secretary of Homeland Security shall provide such

information and carry out such functions as the Attorney General may direct in the operation of

the system.

SEC. 129. REPEAL OF PREDECESSOR SEX OFFENDER PROGRAM.

(a) Repeal- Sections 170101 (42 U.S.C. 14071) and 170102 (42 U.S.C. 14072) of the Violent

Crime Control and Law Enforcement Act of 1994, and section 8 of the Pam Lychner Sexual

Offender Tracking and Identification Act of 1996 (42 U.S.C. 14073), are repealed.

(b) Effective Date- Notwithstanding any other provision of this Act, this section shall take effect

on the date of the deadline determined in accordance with section 124(a).

SEC. 130. LIMITATION ON LIABILITY FOR THE NATIONAL CENTER FOR

MISSING AND EXPLOITED CHILDREN.

Section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032) is amended by adding

at the end the following:

`(g) Limitation on Liability-

`(1) IN GENERAL- Except as provided in paragraphs (2) and (3), the National Center for

Missing and Exploited Children, including any of its directors, officers, employees, or

agents, is not liable in any civil or criminal action arising from the performance of its

CyberTipline responsibilities and functions, as defined by this section, or from its efforts

to identify child victims.

`(2) INTENTIONAL, RECKLESS, OR OTHER MISCONDUCT- Paragraph (1) does not

apply in an action in which a party proves that the National Center for Missing and

Exploited Children, or its officer, employee, or agent as the case may be, engaged in

intentional misconduct or acted, or failed to act, with actual malice, with reckless

disregard to a substantial risk of causing injury without legal justification, or for a

purpose unrelated to the performance of responsibilities or functions under this section.

`(3) ORDINARY BUSINESS ACTIVITIES- Paragraph (1) does not apply to an act or

omission related to an ordinary business activity, such as an activity involving general

administration or operations, the use of motor vehicles, or personnel management.'.

SEC. 131. IMMUNITY FOR GOOD FAITH CONDUCT.

The Federal Government, jurisdictions, political subdivisions of jurisdictions, and their

agencies, officers, employees, and agents shall be immune from liability for good faith conduct

under this title.

Subtitle B--Improving Federal Criminal Law Enforcement To Ensure Sex Offender Compliance

With Registration and Notification Requirements and Protection of Children From Violent

Predators

SEC. 141. AMENDMENTS TO TITLE 18, UNITED STATES CODE,

RELATING TO SEX OFFENDER REGISTRATION.

(a) Criminal Penalties for Nonregistration

(1) IN GENERAL- Part I of title 18, United States Code, is amended by inserting after

chapter 109A the following:

`CHAPTER 109B--SEX OFFENDER AND CRIMES AGAINST CHILDREN

REGISTRY

`Sec.

`2250. Failure to register.

`Sec. 2250. Failure to register

`(a) In General- Whoever--

`(1) is required to register under the Sex Offender Registration and Notification Act;

`(2)(A) is a sex offender as defined for the purposes of the Sex Offender Registration and

Notification Act by reason of a conviction under Federal law (including the Uniform

Code of Military Justice), the law of the District of Columbia, Indian tribal law, or the

law of any territory or possession of the United States; or

`(B) travels in interstate or foreign commerce, or enters or leaves, or resides in, Indian

country; and

`(3) knowingly fails to register or update a registration as required by the Sex Offender

Registration and Notification Act;

shall be fined under this title or imprisoned not more than 10 years, or both.

`(b) Affirmative Defense- In a prosecution for a violation under subsection (a), it is an

affirmative defense that--

`(1) uncontrollable circumstances prevented the individual from complying;

`(2) the individual did not contribute to the creation of such circumstances in reckless

disregard of the requirement to comply; and

`(3) the individual complied as soon as such circumstances ceased to exist.

`(c) Crime of Violence-

`(1) IN GENERAL- An individual described in subsection (a) who commits a crime of

violence under Federal law (including the Uniform Code of Military Justice), the law of

the District of Columbia, Indian tribal law, or the law of any territory or possession of the

United States shall be imprisoned for not less than 5 years and not more than 30 years.

`(2) ADDITIONAL PUNISHMENT- The punishment provided in paragraph (1) shall be in

addition and consecutive to the punishment provided for the violation described in

subsection (a).'.

(2) CLERICAL AMENDMENT- The table of chapters for part I of title 18, United States

Code, is amended by inserting after the item relating to chapter 109A the following:

--2250'.

(b) Directive to the United States Sentencing Commission- In promulgating guidelines for use of

a sentencing court in determining the sentence to be imposed for the offense specified in

subsection (a), the United States Sentencing Commission shall consider the following matters,

in addition to the matters specified in section 994 of title 28, United States Code:

(1) Whether the person committed another sex offense in connection with, or during, the

period for which the person failed to register.

(2) Whether the person committed an offense against a minor in connection with, or

during, the period for which the person failed to register.

(3) Whether the person voluntarily attempted to correct the failure to register.

(4) The seriousness of the offense which gave rise to the requirement to register,

including whether such offense is a tier I, tier II, or tier III offense, as those terms are

defined in section 111.

(5) Whether the person has been convicted or adjudicated delinquent for any offense

other than the offense which gave rise to the requirement to register.

(c) False Statement Offense- Section 1001(a) of title 18, United States Code, is amended by

adding at the end the following: `If the matter relates to an offense under chapter 109A, 109B,

110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be

not more than 8 years.'.

(d) Probation- Paragraph (8) of section 3563(a) of title 18, United States Code, is amended to

read as follows:

`(8) for a person required to register under the Sex Offender Registration and

Notification Act, that the person comply with the requirements of that Act; and'.

(e) Supervised Release- Section 3583 of title 18, United States Code, is amended--

(1) in subsection (d), in the sentence beginning with `The court shall order, as an explicit

condition of supervised release for a person described in section 4042(c)(4)', by striking

`described in section 4042(c)(4)' and all that follows through the end of the sentence and

inserting `required to register under the Sex Offender Registration and Notification Act,

that the person comply with the requirements of that Act.'.

(2) in subsection (k)--

(A) by striking `2244(a)(1), 2244(a)(2)' and inserting `2243, 2244, 2245, 2250';

(B) by inserting `not less than 5,' after `any term of years'; and

(C) by adding at the end the following: `If a defendant required to register under

the Sex Offender Registration and Notification Act commits any criminal offense

under any of chapters 109A, 110, or 117, or sections 1201 or 1591, for which

imprisonment for a term longer than 1 year can be imposed, the court shall revoke

the term of supervised release and require the defendant to serve a term of

imprisonment under subsection (e)(3) without regard to the exception contained

therein. Such term shall be not less than 5 years.'.

(f) Duties of the Bureau of Prisons- Paragraph (3) of section 4042(c) of title 18, United States

Code, is amended to read as follows:

`(3) The Director of the Bureau of Prisons shall inform a person who is released from prison

and required to register under the Sex Offender Registration and Notification Act of the

requirements of that Act as they apply to that person and the same information shall be

provided to a person sentenced to probation by the probation officer responsible for supervision

of that person.'.

(g) Conforming Amendments To Cross-References- Section 4042(c) of title 18, United States

Code, is amended--

(1) in paragraph (1), by striking `(4)' and inserting `(3), or any other person in a category

specified by the Attorney General,'; and

(2) in paragraph (2)--

(A) in the first sentence, by striking `shall be subject to a registration requirement

as a sex offender' and inserting `shall register as required by the Sex Offender

Registration and Notification Act'; and

(B) in the fourth sentence, by striking `(4)' and inserting `(3)'.

(h) Conforming Repeal of Deadwood- Paragraph (4) of section 4042(c) of title 18, United

States Code, is repealed.

(i) Military Offenses-

(1) Section 115(a)(8)(C)(i) of Public Law 105-119 (111 Stat. 2466) is amended by striking

`which encompass' and all that follows through `and (B))' and inserting `which are sex

offenses as that term is defined in the Sex Offender Registration and Notification Act'.

(2) Section 115(a)(8)(C)(iii) of Public Law 105-119 (111 Stat. 2466; 10 U.S.C. 951 note)

is amended by striking `the amendments made by subparagraphs (A) and (B)' and

inserting `the Sex Offender Registration and Notification Act'.

(j) Conforming Amendment Relating To Parole- Section 4209(a) of title 18, United States Code,

is amended in the second sentence by striking `described' and all that follows through the end of

the sentence and inserting `required to register under the Sex Offender Registration and

Notification Act that the person comply with the requirements of that Act.'.

SEC. 142. FEDERAL ASSISTANCE WITH RESPECT TO VIOLATIONS OF

REGISTRATION REQUIREMENTS.

(a) In General- The Attorney General shall use the resources of Federal law enforcement,

including the United States Marshals Service, to assist jurisdictions in locating and

apprehending sex offenders who violate sex offender registration requirements. For the

purposes of section 566(e)(1)(B) of title 28, United States Code, a sex offender who violates a

sex offender registration requirement shall be deemed a fugitive.

(b) Authorization of Appropriations- There are authorized to be appropriated such sums as may

be necessary for fiscal years 2007 through 2009 to implement this section.

SEC. 143. PROJECT SAFE CHILDHOOD.

(a) Establishment of Program- Not later than 6 months after the date of enactment of this Act,

the Attorney General shall create and maintain a Project Safe Childhood program in

accordance with this section.

(b) Initial Implementation- Except as authorized under subsection (c), funds authorized under

this section may only be used for the following 5 purposes:

(1) Integrated Federal, State, and local efforts to investigate and prosecute child

exploitation cases, including--

(A) the partnership by each United States Attorney with each Internet Crimes

Against Children Task Force that is a part of the Internet Crimes Against Children

Task Force Program authorized and funded under title IV of the Juvenile Justice

and Delinquency Prevention Act of 1974 (42 U.S.C. 5771 et seq.) (referred to in

this section as the `ICAC Task Force Program') that exists within the district of

such attorney;

(B) the partnership by each United States Attorney with other Federal, State, and

local law enforcement partners working in the district of such attorney to

implement the program described in subsection (a);

(C) the development by each United States Attorney of a district-specific strategic

plan to coordinate the investigation and prosecution of child exploitation crimes;

(D) efforts to identify and rescue victims of child exploitation crimes; and

(E) local training, educational, and awareness programs of such crimes.

(2) Major case coordination by the Department of Justice (or other Federal agencies as

appropriate), including specific integration or cooperation, as appropriate, of--

(A) the Child Exploitation and Obscenity Section within the Department of Justice;

(B) the Innocent Images Unit of the Federal Bureau of Investigation;

(C) any task forces established in connection with the Project Safe Childhood

program set forth under subsection (a); and

(D) the High Tech Investigative Unit within the Criminal Division of the

Department of Justice.

(3) Increased Federal involvement in child pornography and enticement cases by

providing additional investigative tools and increased penalties under Federal law.

(4) Training of Federal, State, and local law enforcement through programs facilitated

by--

(A) the National Center for Missing and Exploited Children;

(B) the ICAC Task Force Program; and

(C) any other ongoing program regarding the investigation and prosecution of

computer-facilitated crimes against children, including training and coordination

regarding leads from--

(i) Federal law enforcement operations; and

(ii) the CyberTipline and Child Victim-Identification programs managed and

maintained by the National Center for Missing and Exploited Children.

(5) Community awareness and educational programs through partnerships to provide

national public awareness and educational programs through--

(A) the National Center for Missing and Exploited Children;

(B) the ICAC Task Force Program; and

(C) any other ongoing programs that--

(i) raises national awareness about the threat of online sexual predators; or

(ii) provides information to parents and children seeking to report possible

violations of computer-facilitated crimes against children.

(c) Expansion of Project Safe Childhood- Notwithstanding subsection (b), funds authorized

under this section may be also be used for the following purposes:

(1) The addition of not less than 8 Assistant United States Attorneys at the Department of

Justice dedicated to the prosecution of cases in connection with the Project Safe

Childhood program set forth under subsection (a).

(2) The creation, development, training, and deployment of not less than 10 new Internet

Crimes Against Children task forces within the ICAC Task Force Program consisting of

Federal, State, and local law enforcement personnel dedicated to the Project Safe

Childhood program set forth under subsection (a), and the enhancement of the forensic

capacities of existing Internet Crimes Against Children task forces.

(3) The development and enhancement by the Federal Bureau of Investigation of the

Innocent Images task forces.

(4) Such other additional and related purposes as the Attorney General determines

appropriate.

(d) Authorization of Appropriations- For the purpose of carrying out this section, there are

authorized to be appropriated--

(1) for the activities described under subsection (b)--

(A) $18,000,000 for fiscal year 2007; and

(B) such sums as may be necessary for each of the 5 succeeding fiscal years; and

(2) for the activities described under subsection (c)--

(A) for fiscal year 2007--

(i) $15,000,000 for the activities under paragraph (1);

(ii) $10,000,000 for activities under paragraph (2); and

(iii) $4,000,000 for activities under paragraph (3); and

(B) such sums as may be necessary for each of the 5 succeeding fiscal years.

SEC. 144. FEDERAL ASSISTANCE IN IDENTIFICATION AND LOCATION

OF SEX OFFENDERS RELOCATED AS A RESULT OF A MAJOR

DISASTER.

The Attorney General shall provide assistance to jurisdictions in the identification and location

of a sex offender relocated as a result of a major disaster.

SEC. 145. EXPANSION OF TRAINING AND TECHNOLOGY EFFORTS.

(a) Training- The Attorney General shall--

(1) expand training efforts with Federal, State, and local law enforcement officers and

prosecutors to effectively respond to the threat to children and the public posed by sex

offenders who use the Internet and technology to solicit or otherwise exploit children;

(2) facilitate meetings involving corporations that sell computer hardware and software

or provide services to the general public related to use of the Internet, to identify

problems associated with the use of technology for the purpose of exploiting children;

(3) host national conferences to train Federal, State, and local law enforcement officers,

probation and parole officers, and prosecutors regarding pro-active approaches to

monitoring sex offender activity on the Internet;

(4) develop and distribute, for personnel listed in paragraph (3), information regarding

multidisciplinary approaches to holding offenders accountable to the terms of their

probation, parole, and sex offender registration laws; and

(5) partner with other agencies to improve the coordination of joint investigations among

agencies to effectively combat online solicitation of children by sex offenders.

(b) Technology- The Attorney General shall--

(1) deploy, to all Internet Crimes Against Children Task Forces and their partner

agencies, technology modeled after the Canadian Child Exploitation Tracking System;

and

(2) conduct training in the use of that technology.

(c) Report- Not later than July 1, 2007, the Attorney General, shall submit to Congress a report

on the activities carried out under this section. The report shall include any recommendations

that the Attorney General considers appropriate.

(d) Authorization of Appropriations- There are authorized to be appropriated to the Attorney

General, for fiscal year 2007--

(1) $1,000,000 to carry out subsection (a); and

(2) $2,000,000 to carry out subsection (b).

SEC. 146. OFFICE OF SEX OFFENDER SENTENCING, MONITORING,

APPREHENDING, REGISTERING, AND TRACKING.

(a) Establishment- There is established within the Department of Justice, under the general

authority of the Attorney General, an Office of Sex Offender Sentencing, Monitoring,

Apprehending, Registering, and Tracking (hereinafter in this section referred to as the `SMART

Office').

(b) Director- The SMART Office shall be headed by a Director who shall be appointed by the

President. The Director shall report to the Attorney General through the Assistant Attorney

General for the Office of Justice Programs and shall have final authority for all grants,

cooperative agreements, and contracts awarded by the SMART Office. The Director shall not

engage in any employment other than that of serving as the Director, nor shall the Director

hold any office in, or act in any capacity for, any organization, agency, or institution with which

the Office makes any contract or other arrangement.

(c) Duties and Functions- The SMART Office is authorized to--

(1) administer the standards for the sex offender registration and notification program

set forth in this Act;

(2) administer grant programs relating to sex offender registration and notification

authorized by this Act and other grant programs authorized by this Act as directed by the

Attorney General;

(3) cooperate with and provide technical assistance to States, units of local government,

tribal governments, and other public and private entities involved in activities related to

sex offender registration or notification or to other measures for the protection of

children or other members of the public from sexual abuse or exploitation; and

(4) perform such other functions as the Attorney General may delegate.

Subtitle C--Access to Information and Resources Needed To Ensure That Children Are Not

Attacked or Abused

SEC. 151. ACCESS TO NATIONAL CRIME INFORMATION DATABASES.

(a) In General- Notwithstanding any other provision of law, the Attorney General shall ensure

access to the national crime information databases (as defined in section 534 of title 28, United

States Code) by--

(1) the National Center for Missing and Exploited Children, to be used only within the

scope of the Center's duties and responsibilities under Federal law to assist or support

law enforcement agencies in administration of criminal justice functions; and

(2) governmental social service agencies with child protection responsibilities, to be used

by such agencies only in investigating or responding to reports of child abuse, neglect, or

exploitation.

(b) Conditions of Access- The access provided under this section, and associated rules of

dissemination, shall be--

(1) defined by the Attorney General; and

(2) limited to personnel of the Center or such agencies that have met all requirements set

by the Attorney General, including training, certification, and background screening.

SEC. 152. REQUIREMENT TO COMPLETE BACKGROUND CHECKS

BEFORE APPROVAL OF ANY FOSTER OR ADOPTIVE PLACEMENT AND

TO CHECK NATIONAL CRIME INFORMATION DATABASES AND STATE

CHILD ABUSE REGISTRIES; SUSPENSION AND SUBSEQUENT

ELIMINATION OF OPT-OUT.

(a) Requirement To Complete Background Checks Before Approval of Any Foster or Adoptive

Placement and To Check National Crime Information Databases and State Child Abuse

Registries; Suspension of Opt-Out-

(1) REQUIREMENT TO CHECK NATIONAL CRIME INFORMATION DATABASES

AND STATE CHILD ABUSE REGISTRIES- Section 471(a)(20) of the Social Security Act

(42 U.S.C. 671(a)(20)) is amended--

(A) in subparagraph (A)--

(i) in the matter preceding clause (I)--

(I) by