
*    treatment, or maltreatment of a child by any person in violation of * 
*    the criminal child abuse laws of a State, but does not include      * 
*    discipline administered by a parent or legal guardian to his or her * 
*    child provided it is reasonable in manner and moderate in degree and* 
*    otherwise does not constitute cruelty;                              * 
*      (7) the term "child abuse crime" means a crime committed under any* 
*    law of a State that establishes criminal penalties for the          * 
*    commission of child abuse by a parent or other family member of a   * 
*    child or by any other person;                                       * 
*      (8) the term "care" means the provision of care, treatment,       * 
*    education, training, instruction, supervision, or recreation to     * 
*    children, the elderly, or individuals with disabilities;            * 
*      (9) the term "domestic violence" means a felony or misdemeanor    * 
*    involving the use or threatened use of force by-                    * 
*          (A) a present or former spouse of the victim;                 * 
*          (B) a person with whom the victim shares a child in common;   * 
*          (C) a person who is cohabiting with or has cohabited with the * 
*        victim as a spouse; or                                          * 
*          (D) any person defined as a spouse of the victim under the    * 
*        domestic or family violence laws of a State;                    * 
*      (10) the term "elderly" means a person who is sixty-five years old* 
*    or older.                                                           * 
*      (11) the term "exploitation" means child pornography and child    * 
*    prostitution;                                                       * 
*      (12) the term "mental injury" means harm to a person's            * 
*    psychological or intellectual functioning, which may be exhibited by* 
*    severe anxiety, depression, withdrawal or outward aggressive        * 
*    behavior, or a combination of those behaviors or by a change in     * 
*    behavior, emotional response, or cognition;                         * 
*      (13) the term "national criminal background check system" means   * 
*    the system maintained by the Federal Bureau of Investigation based  * 
*    on fingerprint identification or any other method of positive       * 
*    identification;                                                     * 
*      (14) the term "negligent treatment" means the failure to provide, * 
*    for a reason other than poverty, adequate food, clothing, shelter,  * 
*    or medical care so as to seriously endanger the physical health of a* 
*    child, elderly person, or individual with disabilities;             * 
*      (15) the term "individual with a disability" means an individual  * 
*    with a disability (as defined in section 3(2) of the Americans with * 
*    Disabilities Act of 1990 (42 U.S.C. 12102(21)));                    * 
*      (16) the term "physical injury" includes lacerations, fractured   * 
*    bones, burns, internal injuries, severe bruising, and serious bodily* 
*    harm;                                                               * 
*      (17) the term "provider" means-                                   * 
*          (A) a person who-                                             * 
*              (i) is employed by or volunteers with a qualified entity; * 
*              (ii) who owns or operates a qualified entity; or          * 
*              (iii) who has or may have unsupervised access to a person * 
*            to whom the qualified entity provides care; and             * 
*          (B) a person who-                                             * 
*              (i) seeks to be employed by or volunteer with a qualified * 
*            entity;                                                     * 
*              (ii) seeks to own or operate a qualified entity; or       * 
*              (iii) seeks to have or may have unsupervised access to a  * 
*            to whom the qualified entity provides care;                 *
*      (18) the term "qualified entity" means a business or organization,* 
*    whether public, private, for-profit, not-for-profit, or voluntary,  * 
*    that provides care or care placement services, including a business * 
*    or organization that licenses or certifies others to provide care or* 
*    care placement services;                                            * 
*      (19) the term "sex crime" means an act of sexual abuse that is a  * 
*    criminal act;                                                       * 
*      (20) the term "sexual abuse" includes the employment, use,        * 
*    persuasion, inducement, enticement, or coercion of a child to engage* 
*    in, or assist another person to engage in, sexually explicit conduct* 
*    or the rape, molestation, prostitution, or other form of sexual     * 
*    exploitation of children or incest with children; and               * 
*      (21) the term "State" means a State, the District of Columbia, the* 
*    Commonwealth of Puerto Rico, American Samoa, the Virgin Islands,    * 
*    Guam, and the Trust Territories of the Pacific.                     * 
*SEC. 814. REPORTING BY THE STATES.                                      * 
*  (a) IN GENERAL.-An authorized criminal justice agency of a State shall* 
*report child abuse crime information to, or index child abuse crime     * 
*information in, the national criminal background check system.          * 
*  (b) PROVISION OF STATE CHILD ABUSE CRIME RECORDS THROUGH THE NATIONAL * 
*CRIMINAL BACKGROUND CHECK SYSTEM.-(1) NOT LATER THAN 180 DAYS AFTER THE * 
*DATE OF ENACTMENT OF THIS ACT, THE ATTORNEY GENERAL SHALL, SUBJECT TO   * 
*THE AVAILABILITY OF APPROPRIATIONS-                                     * 
*      (A) INVESTIGATE THE CRIMINAL RECORDS OF EACH STATE AND DETERMINE  * 
*    FOR EACH STATE A TIMETABLE BY WHICH THE STATE SHOULD BE ABLE TO     * 
*    PROVIDE CHILD ABUSE CRIME RECORDS ON AN ON-LINE CAPACITY BASIS      * 
*    THROUGH THE NATIONAL CRIMINAL BACKGROUND CHECK SYSTEM;              * 
*      (B) ESTABLISH GUIDELINES FOR THE REPORTING OR INDEXING OF CHILD   * 
*    ABUSE CRIME INFORMATION, INCLUDING GUIDELINES RELATING TO THE       * 
*    FORMAT, CONTENT, AND ACCURACY OF CHILD ABUSE CRIME INFORMATION AND  * 
*    OTHER PROCEDURES FOR CARRYING OUT THIS ACT; AND                     * 
*      (C) NOTIFY EACH STATE OF THE DETERMINATIONS MADE PURSUANT TO      * 
*    SUBPARAGRAPHS (A) AND (B).                                          * 
*  (2) THE ATTORNEY GENERAL SHALL REQUIRE AS A PART OF THE STATE         * 
*TIMETABLE THAT THE STATE-                                               * 
*      (A) ACHIEVE, BY NOT LATER THAN THE DATE THAT IS 3 YEARS AFTER THE * 
*    DATE OF ENACTMENT OF THIS ACT, AT LEAST 80 PERCENT CURRENCY OF FINAL* 
*    CASE DISPOSITIONS IN COMPUTERIZED CRIMINAL HISTORY FILES FOR ALL    * 
*    IDENTIFIABLE CHILD ABUSE CRIME CASES IN WHICH THERE HAS BEEN AN     * 
*    EVENT OF ACTIVITY WITHIN THE LAST 5 YEARS;                          * 
*      (B) CONTINUE TO MAINTAIN AT LEAST 80 PERCENT CURRENCY OF FINAL    * 
*    CASE DISPOSITIONS IN ALL IDENTIFIABLE CHILD ABUSE CRIME CASES IN    * 
*    WHICH THERE HAS BEEN AN EVENT OF ACTIVITY WITHIN THE PRECEDING 5    * 
*    YEARS; AND                                                          * 
*      (C) TAKE STEPS TO ACHIEVE FULL DISPOSITION REPORTING, INCLUDING   * 
*    DATA QUALITY AUDITS AND PERIODIC NOTICES TO CRIMINAL JUSTICE        * 
*    AGENCIES IDENTIFYING RECORDS THAT LACK FINAL DISPOSITIONS AND       * 
*    REQUESTING THOSE DISPOSITIONS.                                      * 
*  (C) LIAISON.-AN AUTHORIZED AGENCY OF A STATE SHALL MAINTAIN CLOSE     * 
*LIAISON WITH THE NATIONAL CENTER ON CHILD ABUSE AND NEGLECT, THE        * 
*NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN, AND THE NATIONAL    * 
*CENTER FOR THE PROSECUTION OF CHILD ABUSE FOR THE EXCHANGE OF TECHNICAL * 
*ASSISTANCE IN CASES OF CHILD ABUSE.                                     * 
*  (D) ANNUAL SUMMARY.-(1) The Attorney General shall publish an annual  * 
*statistical summary of the child abuse crime information reported under *
*this subtitle.                                                          * 
*  (2) The annual statistical summary described in paragraph (1) shall   * 
*not contain any information that may reveal the identity of any         * 
*particular victim or alleged violator.                                  * 
*  (e) ANNUAL REPORT.-THE ATTORNEY GENERAL SHALL PUBLISH AN ANNUAL       * 
*SUMMARY OF EACH STATE'S PROGRESS IN REPORTING CHILD ABUSE CRIME         * 
*INFORMATION TO THE NATIONAL CRIMINAL BACKGROUND CHECK SYSTEM.           * 
*  (F) STUDY OF CHILD ABUSE OFFENDERS.-(1) Not later than 180 days after * 
*the date of enactment of this Act, the Administrator of the Office of   * 
*Juvenile Justice and Delinquency Prevention shall begin a study based on* 
*a statistically significant sample of convicted child abuse offenders   * 
*and other relevant information to determine-                            * 
*      (A) the percentage of convicted child abuse offenders who have    * 
*    more than 1 conviction for an offense involving child abuse;        * 
*      (B) the percentage of convicted child abuse offenders who have    * 
*    been convicted of an offense involving child abuse in more than 1   * 
*    State;                                                              * 
*      (C) whether there are crimes or classes of crimes, in addition to * 
*    those defined as background check crimes in section 3, that are     * 
*    indicative of a potential to abuse children; and                    * 
*      (D) the extent to which and the manner in which instances of child* 
*    abuse form a basis for convictions for crimes other than child abuse* 
*    crimes.                                                             * 
*  (2) Not later than 1 year after the date of enactment of this Act, the* 
*Administrator shall submit a report to the Chairman of the Committee on * 
*the Judiciary of the Senate and the Chairman of the Committee on the    * 
*Judiciary of the House of Representatives containing a description of   * 
*and a summary of the results of the study conducted pursuant to         * 
*paragraph (1).                                                          * 
*SEC. 815. BACKGROUND CHECKS.                                            * 
*  (a) IN GENERAL.-(1) A State may have in effect procedures (established* 
*by or under State statute or regulation) to permit a qualified entity to* 
*contact an authorized agency of the State to request a nationwide       * 
*background check for the purpose of determining whether there is a      * 
*report that a provider is under indictment for, or has been convicted   * 
*of, a background check crime.                                           * 
*  (2) The authorized agency shall access and review State and Federal   * 
*records of background check crimes through the national criminal        * 
*background check system and shall respond promptly to the inquiry.      * 
*  (b) GUIDELINES.-(1) The Attorney General shall establish guidelines   * 
*for State background check procedures established under subsection (a), * 
*which guidelines shall include the requirements and protections of this * 
*subtitle.                                                               * 
*  (2) The guidelines established under paragraph (1) shall require-     * 
*      (A) that no qualified entity may request a background check of a  * 
*    provider under subsection (a) unless the provider first completes   * 
*    and signs a statement that-                                         * 
*          (i) contains the name, address, and date of birth appearing on* 
*        a valid identification document (as defined by section          * 
*        1028(d)(1) of title 18, United States Code) of the provider;    * 
*          (ii) the provider is not under indictment for, and has not    * 
*        been convicted of, a background check crime and, if the provider* 
*        is under indictment for or has been convicted of a background   * 
*        check crime, contains a description of the crime and the        * 
*        particulars of the indictment or conviction;                    *
*          (iii) notifies the provider that the entity may request a     * 
*        background check under subsection (a);                          * 
*          (iv) notifies the provider of the provider's rights under     * 
*        subparagraph (B); and                                           * 
*          (v) notifies the provider that prior to the receipt of the    * 
*        background check the qualified entity may choose to deny the    * 
*        provider unsupervised access to a person to whom the qualified  * 
*        entity provides care;                                           * 
*      (B) that each State establish procedures under which a provider   * 
*    who is the subject of a background check under subsection (a) is    * 
*    entitled-                                                           * 
*          (i) to obtain a copy of any background check report and any   * 
*        record that forms the basis for any such report; and            * 
*          (ii) to challenge the accuracy and completeness of any        * 
*        information contained in any such report or record and obtain a * 
*        prompt determination from an authorized agency as to the        * 
*        validity of such challenge;                                     * 
*      (C) that an authorized agency to which a qualified entity has     * 
*    provided notice pursuant to subsection (a) make reasonable efforts  * 
*    to complete research in whatever State and local recordkeeping      * 
*    systems are available and in the national criminal background check * 
*    system and respond to the qualified entity within 15 business days; * 
*      (D) that the response of an authorized agency to an inquiry       * 
*    pursuant to subsection (a) inform the qualified entity that the     * 
*    background check pursuant to this section-                          * 
*          (i) may not reflect all indictments or convictions for a      * 
*        background check crime; and                                     * 
*          (ii) may not be the sole basis for determining the fitness of * 
*        a provider;                                                     * 
*      (E) that the response of an authorized agency to an inquiry       * 
*    pursuant to subsection (a) be limited to the conviction or pending  * 
*    indictment information reasonably required to accomplish the        * 
*    purposes of this Act;                                               * 
*      (F) that the qualified entity may choose to deny the provider     * 
*    unsupervised access to a person to whom the qualified entity        * 
*    provides care on the basis of a background check under subsection   * 
*    (a) until the provider has obtained a determination as to the       * 
*    validity of any challenge under subparagraph (B) or waived the right* 
*    to make such challenge;                                             * 
*      (G) that each State establish procedures to ensure that any       * 
*    background check under subsection (a) and the results thereof shall * 
*    be requested by and provided only to-                               * 
*          (i) qualified entities identified by States;                  * 
*          (ii) authorized representatives of a qualified entity who have* 
*        a need to know such information;                                * 
*          (iii) the provider who is the subject of a background check;  * 
*          (iv) law enforcement authorities; or                          * 
*          (v) pursuant to the direction of a court of law;              * 
*      (H) that background check information conveyed to a qualified     * 
*    entity pursuant to subsection (a) shall not be conveyed to any      * 
*    person except as provided under subparagraph (G);                   * 
*      (I) that an authorized agency shall not be liable in an action at * 
*    law for damages for failure to prevent a qualified entity from      * 
*    taking action adverse to a provider on the basis of a background    * 
*    check;                                                              *
*      (J) that a State employee or a political subdivision of a State or* 
*    employee thereof responsible for providing information to the       * 
*    national criminal background check system shall not be liable in an * 
*    action at law for damages for failure to prevent a qualified entity * 
*    from taking action adverse to a provider on the basis a background  * 
*    check; and                                                          * 
*      (K) that a State or Federal provider of criminal history records, * 
*    and any employee thereof, shall not be liable in an action at law   * 
*    for damages for failure to prevent a qualified entity from taking   * 
*    action adverse to a provider on the basis of a criminal background  * 
*    check, or due to a criminal history record's being incomplete.      * 
*  (c) EQUIVALENT PROCEDURES.-(1) NOTWITHSTANDING ANYTHING TO THE        * 
*CONTRARY IN THIS SECTION, THE ATTORNEY GENERAL MAY CERTIFY THAT A STATE * 
*LICENSING OR CERTIFICATION PROCEDURE THAT DIFFERS FROM THE PROCEDURES   * 
*DESCRIBED IN SUBSECTIONS (A) AND (B) SHALL BE DEEMED TO BE THE          * 
*EQUIVALENT OF SUCH PROCEDURES FOR PURPOSES OF THIS ACT, BUT THE         * 
*PROCEDURES DESCRIBED IN SUBSECTIONS (A) AND (B) SHALL CONTINUE TO APPLY * 
*TO THOSE QUALIFIED ENTITIES, PROVIDERS, AND BACKGROUND CHECK CRIMES THAT* 
*ARE NOT GOVERNED BY OR INCLUDED WITHIN THE STATE LICENSING OR           * 
*CERTIFICATION PROCEDURE.                                                * 
*  (2) THE ATTORNEY GENERAL SHALL BY REGULATION ESTABLISH CRITERIA FOR   * 
*CERTIFICATIONS UNDER THIS SUBSECTION. SUCH CRITERIA SHALL INCLUDE A     * 
*FINDING BY THE ATTORNEY GENERAL THAT THE STATE LICENSING OR             * 
*CERTIFICATION PROCEDURE ACCOMPLISHES THE PURPOSES OF THIS ACT AND       * 
*INCORPORATES A NATIONWIDE REVIEW OF STATE AND FEDERAL RECORDS OF        * 
*BACKGROUND CHECK OFFENSES THROUGH THE NATIONAL CRIMINAL BACKGROUND CHECK* 
*SYSTEM.                                                                 * 
*  (D) REGULATIONS.-(1) THE ATTORNEY GENERAL MAY BY REGULATION PRESCRIBE * 
*SUCH OTHER MEASURES AS MAY BE REQUIRED TO CARRY OUT THE PURPOSES OF THIS* 
*ACT, INCLUDING MEASURES RELATING TO THE SECURITY, CONFIDENTIALITY,      * 
*ACCURACY, USE, MISUSE, AND DISSEMINATION OF INFORMATION, AND AUDITS AND * 
*RECORDKEEPING.                                                          * 
*  (2) THE ATTORNEY GENERAL SHALL, TO THE MAXIMUM EXTENT POSSIBLE,       * 
*ENCOURAGE THE USE OF THE BEST TECHNOLOGY AVAILABLE IN CONDUCTING        * 
*BACKGROUND CHECKS.                                                      * 
*SEC. 816. FUNDING FOR IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.     * 
*  (a) USE OF FORMULA GRANTS FOR IMPROVEMENTS IN STATE RECORDS AND       * 
*SYSTEMS.-SECTION 509(B) OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS   * 
*ACT OF 1968 (42 U.S.C. 3759(B)) IS AMENDED-                             * 
*                                                                        * 
*      (1) IN PARAGRAPH (2) BY STRIKING "AND" AFTER THE SEMICOLON;       * 
*      (2) IN PARAGRAPH (3) BY STRIKING THE PERIOD AND INSERTING "; AND";* 
*    AND                                                                 * 
*      (3) BY ADDING AT THE END THE FOLLOWING NEW PARAGRAPH:             * 
*      "(4) THE IMPROVEMENT OF STATE RECORD SYSTEMS AND THE SHARING OF   * 
*    ALL OF THE RECORDS DESCRIBED IN PARAGRAPHS (1), (2), AND (3) AND THE* 
*    RECORDS REQUIRED BY THE ATTORNEY GENERAL UNDER SECTION 914 OF THE   * 
*    NATIONAL CHILD, ELDERLY, AND INDIVIDUALS WITH DISABILITIES          * 
*    PROTECTION ACT OF 1993 WITH THE ATTORNEY GENERAL FOR THE PURPOSE OF * 
*    IMPLEMENTING THE NATIONAL CHILD, ELDERLY, AND INDIVIDUALS WITH      * 
*    DISABILITIES PROTECTION ACT OF 1993, AND THE INFORMATION AND RECORDS* 
*    REFERRED TO IN SECTION 406 OF THE INDIAN CHILD PROTECTION AND FAMILY* 
*    VIOLENCE PREVENTION ACT.".                                          * 
*  (B) ADDITIONAL FUNDING GRANTS FOR THE IMPROVEMENT OF CHILD ABUSE CRIME* 
*INFORMATION.-(1) THE ATTORNEY GENERAL SHALL, SUBJECT TO APPROPRIATIONS  *
*AND WITH PREFERENCE TO STATES THAT AS OF THE DATE OF ENACTMENT OF THIS  * 
*ACT HAVE THE LOWEST PERCENT CURRENCY OF CASE DISPOSITIONS IN            * 
*COMPUTERIZED CRIMINAL HISTORY FILES, MAKE A GRANT TO EACH STATE TO BE   * 
*USED-                                                                   * 
*      (A) FOR THE COMPUTERIZATION OF CRIMINAL HISTORY FILES FOR THE     * 
*    PURPOSES OF THIS SUBTITLE;                                          * 
*      (B) FOR THE IMPROVEMENT OF EXISTING COMPUTERIZED CRIMINAL HISTORY * 
*    FILES FOR THE PURPOSES OF THIS SUBTITLE;                            * 
*      (C) TO IMPROVE ACCESSIBILITY TO THE NATIONAL CRIMINAL BACKGROUND  * 
*    CHECK SYSTEM FOR THE PURPOSES OF THIS SUBTITLE; AND                 * 
*      (D) TO ASSIST THE STATE IN THE TRANSMITTAL OF CRIMINAL RECORDS TO,* 
*    OR THE INDEXING OF CRIMINAL HISTORY RECORD IN, THE NATIONAL CRIMINAL* 
*    BACKGROUND CHECK SYSTEM FOR THE PURPOSES OF THIS SUBTITLE.          * 
*  (2) THERE ARE AUTHORIZED TO BE APPROPRIATED FOR GRANTS UNDER PARAGRAPH* 
*(1) A TOTAL OF $40,000,000 FOR FISCAL YEARS 1995, 1996, AND 1997.       * 
*  (C) WITHHOLDING STATE FUNDS.-EFFECTIVE 1 YEAR AFTER THE DATE OF       * 
*ENACTMENT OF THIS ACT, THE ATTORNEY GENERAL MAY REDUCE BY UP TO 10      * 
*PERCENT THE ALLOCATION TO A STATE FOR A FISCAL YEAR UNDER TITLE I OF THE* 
*OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 OF A STATE THAT IS   * 
*NOT IN COMPLIANCE WITH THE TIMETABLE ESTABLISHED FOR THAT STATE UNDER   * 
*SECTION 914 OF THIS ACT.                                                * 
                   *Subtitle C-Crimes Against Children                   * 
*SEC. 821. SHORT TITLE.                                                  * 
*  This subtitle may be cited as the "Jacob Wetterling Crimes Against    * 
*Children Registration Act".                                             * 
*SEC. 822. ESTABLISHMENT OF PROGRAM.                                     * 
*  (a) IN GENERAL.-                                                      * 
*      (1) STATE GUIDELINES.-The Attorney General shall establish        * 
*    guidelines for State programs requiring any person who is convicted * 
*    of a criminal offense against a victim who is a minor to register a * 
*    current address with a designated State law enforcement agency for  * 
*    10 years after release from prison, being placed on parole, or being* 
*    placed on supervised release.                                       * 
*      (2) DEFINITION.-For purposes of this subsection, the term         * 
*    "criminal offense against a victim who is a minor" includes-        * 
*          (A) kidnapping of a minor, except by a noncustodial parent;   * 
*          (B) false imprisonment of a minor, except by a noncustodial   * 
*        parent;                                                         * 
*          (C) criminal sexual conduct toward a minor;                   * 
*          (D) solicitation of minors to engage in sexual conduct;       * 
*          (E) use of minors in a sexual performance; or                 * 
*          (F) solicitation of minors to practice prostitution.          * 
*  (b) REGISTRATION REQUIREMENT UPON RELEASE, PAROLE, OR SUPERVISED      * 
*RELEASE.-An approved State registration program established by this     * 
*section shall contain the following requirements:                       * 
*      (1) NOTIFICATION.-If a person who is required to register under   * 
*    this section is released from prison, paroled, or placed on         * 
*    supervised release, a State prison officer shall-                   * 
*          (A) inform the person of the duty to register;                * 
*          (B) inform the person that if the person changes residence    * 
*        address, the person shall give the new address to a designated  * 
*        State law enforcement agency in writing within 10 days;         * 
*          (C) obtain fingerprints and a photograph of the person if     * 
*        these have not already been obtained in connection with the     * 
*        offense that triggers registration; and                         *
*          (D) require the person to read and sign a form stating that   * 
*        the duty of the person to register under this section has been  * 
*        explained.                                                      * 
*      (2) TRANSFER OF INFORMATION TO STATE AND THE FBI.-The officer     * 
*    shall, within 3 days after receipt of information described in      * 
*    paragraph (1), forward it to a designated State law enforcement     * 
*    agency. The State law enforcement agency shall immediately enter the* 
*    information into the appropriate State law enforcement record system* 
*    and notify the appropriate law enforcement agency having            * 
*    jurisdiction where the person expects to reside. The State law      * 
*    enforcement agency shall also immediately transmit the conviction   * 
*    data and fingerprints to the Identification Division of the Federal * 
*    Bureau of Investigation.                                            * 
*      (3) ANNUAL VERIFICATION.-On each anniversary of a person's initial* 
*    registration date during the period in which the person is required * 
*    to register under this section, the designated State law enforcement* 
*    agency shall mail a nonforwardable verification form to the last    * 
*    reported address of the person. The person shall mail the           * 
*    verification form to the officer within 10 days after receipt of the* 
*    form. The verification form shall be signed by the person, and state* 
*    that the person still resides at the address last reported to the   * 
*    designated State law enforcement agency. If the person fails to mail* 
*    the verification form to the designated State law enforcement agency* 
*    within 10 days after receipt of the form, the person shall be in    * 
*    violation of this section unless the person proves that the person  * 
*    has not changed his or her residence address.                       * 
*      (4) NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGES IN  * 
*    ADDRESS.-Any change of address by a person required to register     * 
*    under this section reported to the designated State law enforcement * 
*    agency shall immediately be reported to the appropriate law         * 
*    enforcement agency having jurisdiction where the person is residing.* 
*      (c) REGISTRATION FOR 10 YEARS.-A person required to register under* 
*this section shall continue to comply with this section until 10 years  * 
*have elapsed since the person was released from imprisonment, or placed * 
*on parole or supervised release.                                        * 
*  (d) PENALTY.-A person required to register under a State program      * 
*established pursuant to this section who knowingly fails to so register * 
*and keep such registration current shall be subject to criminal         * 
*penalties in such State. It is the sense of Congress that such penalties* 
*should include at least 6 months imprisonment.                          * 
*  (e) PRIVATE DATA.-The information provided under this section is      * 
*private data on individuals and may be used for law enforcement purposes* 
*and confidential background checks conducted with fingerprints by a     * 
*designated State law enforcement agency for child care services         * 
*providers.                                                              * 
*SEC. 823. STATE COMPLIANCE.                                             * 
*  (a) COMPLIANCE DATE.-Each State shall have 3 years from the date of   * 
*enactment of this Act in which to implement the provisions of this      * 
*subtitle.                                                               * 
*  (b) INELIGIBILITY FOR FUNDS.-The allocation of funds under section 506* 
*of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42* 
*U.S.C. 3756) received by a State not complying with this subtitle 3     * 
*years after the date of enactment of this Act shall be reduced by 10    * 
*percent and the unallocated funds shall be reallocated to the States in * 
*compliance with this section.                                           *
                      *Subtitle D-Child Pornography                      * 
*SEC. 824. PENALTIES FOR INTERNATIONAL TRAFFICKING IN CHILD PORNOGRAPHY. * 
*  (a) IMPORT RELATED OFFENSE.-CHAPTER 110 OF TITLE 18, UNITED STATES    * 
*CODE, IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW SECTION:        * 
*"2258. Production of sexually  explicit depictions of a minor for       * 
*importation into the United States                                      * 
*  "(a) USE OF MINOR.-A PERSON WHO, OUTSIDE THE UNITED STATES, EMPLOYS,  * 
*USES, PERSUADES, INDUCES, ENTICES, OR COERCES ANY MINOR TO ENGAGE IN, OR* 
*WHO HAS A MINOR ASSIST ANY OTHER PERSON TO ENGAGE IN, OR WHO TRANSPORTS * 
*ANY MINOR WITH THE INTENT THAT THE MINOR ENGAGE IN ANY SEXUALLY EXPLICIT* 
*CONDUCT FOR THE PURPOSE OF PRODUCING ANY VISUAL DEPICTION OF SUCH       * 
*CONDUCT, INTENDING THAT THE VISUAL DEPICTION WILL BE IMPORTED INTO THE  * 
*UNITED STATES OR INTO WATERS WITHIN 12 MILES OF THE COAST OF THE UNITED * 
*STATES, SHALL BE PUNISHED AS PROVIDED IN SUBSECTION (C).                * 
*  "(B) USE OF VISUAL DEPICTION.-A PERSON WHO, OUTSIDE THE UNITED STATES,* 
*KNOWINGLY RECEIVES, TRANSPORTS, SHIPS, DISTRIBUTES, SELLS, OR POSSESSES * 
*WITH INTENT TO TRANSPORT, SHIP, SELL, OR DISTRIBUTE ANY VISUAL DEPICTION* 
*OF A MINOR ENGAGING IN SEXUALLY EXPLICIT CONDUCT (IF THE PRODUCTION OF  * 
*THE VISUAL DEPICTION INVOLVED THE USE OF A MINOR ENGAGING IN SEXUALLY   * 
*EXPLICIT CONDUCT), INTENDING THAT THE VISUAL DEPICTION WILL BE IMPORTED * 
*INTO THE UNITED STATES OR INTO WATERS WITHIN A DISTANCE OF 12 MILES OF  * 
*THE COAST OF THE UNITED STATES, SHALL BE PUNISHED AS PROVIDED IN        * 
*SUBSECTION (C).                                                         * 
*  "(C) PENALTIES.-A PERSON WHO VIOLATES SUBSECTION (A) OR (B), OR       * 
*CONSPIRES OR ATTEMPTS TO DO SO-                                         * 
*      "(1) SHALL BE FINED UNDER THIS TITLE, IMPRISONED NOT MORE THAN 10 * 
*    YEARS, OR BOTH; AND                                                 * 
*      "(2) IF THE PERSON HAS A PRIOR CONVICTION UNDER THIS CHAPTER OR   * 
*    CHAPTER 109A, SHALL BE FINED UNDER THIS TITLE, IMPRISONED NOT MORE  * 
*    THAN 20 YEARS, OR BOTH.".                                           * 
*  (B) TECHNICAL AMENDMENT.-                                             * 
*      (1) CHAPTER ANALYSIS.-THE CHAPTER ANALYSIS FOR CHAPTER 110 OF     * 
*    TITLE 18, UNITED STATES CODE, IS AMENDED BY ADDING AT THE END THE   * 
*    FOLLOWING NEW ITEM:                                                 * 
*"2258. Production of sexually explicit depictions of a minor for        * 
*importation into the United States.".                                   * 
*      (2) FINE PROVISIONS.-SECTION 2251(D) OF TITLE 18, UNITED STATES   * 
*    CODE, IS AMENDED-                                                   * 
*          (A) BY STRIKING "NOT MORE THAN $100,000, OR" AND INSERTING    * 
*        "UNDER THIS TITLE,";                                            * 
*          (B) BY STRIKING "NOT MORE THAN $200,000, OR" AND INSERTING    * 
*        "UNDER THIS TITLE,"; AND                                        * 
*          (C) BY STRIKING "NOT MORE THAN $250,000" AND INSERTING "UNDER * 
*        THIS TITLE".                                                    * 
*  (C) SECTION 2251 PENALTY ENHANCEMENT.-SECTION 2251(D) OF TITLE 18,    * 
*UNITED STATES CODE, IS AMENDED BY STRIKING "THIS SECTION" THE SECOND    * 
*PLACE IT APPEARS AND INSERTING "THIS CHAPTER OR CHAPTER 109A".          * 
*  (D) SECTION 2252 PENALTY ENHANCEMENT.-SECTION 2252(B)(1) OF TITLE 18, * 
*UNITED STATES CODE, IS AMENDED BY STRIKING "THIS SECTION" AND INSERTING * 
*"THIS CHAPTER OR CHAPTER 109A".                                         * 
*  (E) CONSPIRACY AND ATTEMPT.-SECTIONS 2251(D) AND 2252(B) OF TITLE 18, * 
*UNITED STATES CODE, ARE EACH AMENDED BY INSERTING ", OR ATTEMPTS OR     * 
*CONSPIRES TO VIOLATE," AFTER "VIOLATES" EACH PLACE IT APPEARS.          * 
*  (F) RICO AMENDMENT.-SECTION 1961(L) OF TITLE 18, UNITED STATES CODE,  * 
*IS AMENDED BY STRIKING "2251-2252" AND INSERTING "2251, 2252, AND 2258".*
*  (G) TRANSPORTATION OF MINORS.-SECTION 2423 OF TITLE 18, UNITED STATES * 
*CODE, IS AMENDED-                                                       * 
*      (1) BY STRIKING "(A) WHOEVER" AND INSERTING "(A) TRANSPORTATION   * 
*    WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY.-A PERSON WHO";   * 
*    AND                                                                 * 
*      (2) BY ADDING AT THE END THE FOLLOWING NEW SUBSECTION:            * 
*  "(B) TRAVEL WITH INTENT TO ENGAGE IN SEXUAL ACT WITH A JUVENILE.-A    * 
*PERSON WHO TRAVELS IN INTERSTATE COMMERCE, OR CONSPIRES TO DO SO, OR A  * 
*UNITED STATES CITIZEN OR AN ALIEN ADMITTED FOR PERMANENT RESIDENCE IN   * 
*THE UNITED STATES WHO TRAVELS IN FOREIGN COMMERCE, OR CONSPIRES TO DO   * 
*SO, FOR THE PURPOSE OF ENGAGING IN ANY SEXUAL ACT (AS DEFINED IN SECTION* 
*2245) WITH A PERSON UNDER 18 YEARS OF AGE THAT WOULD BE IN VIOLATION OF * 
*CHAPTER 109A IF THE SEXUAL ACT OCCURRED IN THE SPECIAL MARITIME AND     * 
*TERRITORIAL JURISDICTION OF THE UNITED STATES SHALL BE FINED UNDER THIS * 
*TITLE, IMPRISONED NOT MORE THAN 10 YEARS, OR BOTH.".                    * 
*SEC. 825. SENSE OF CONGRESS CONCERNING STATE LEGISLATION REGARDING CHILD* 
*PORNOGRAPHY.                                                            * 
*  It is the sense of the Congress that each State that has not yet done * 
*so should enact legislation prohibiting the production, distribution,   * 
*receipt, or simple possession of materials depicting a person under 18  * 
*years of age engaging in sexually explicit conduct (as defined in       * 
*section 2256 of title 18, United States Code) and providing for a       * 
*maximum imprisonment of at least 1 year and for the forfeiture of assets* 
*used in the commission or support of, or gained from, such offenses.    * 
          *Subtitle E-Rules of Evidence, Practice and Procedure          * 
*SEC. 831. ADMISSIBILITY OF EVIDENCE OF SIMILAR CRIMES IN SEX OFFENSE    * 
*CASES.                                                                  * 
*  The Federal Rules of Evidence are amended by adding after Rule 412 the* 
*following new rules:                                                    * 
*"Rule 413. Evidence of Similar Crimes in Sexual Assault Cases           * 
*  "(a) In a criminal case in which the defendant is accused of an       * 
*offense of sexual assault, evidence of the defendant's commission of    * 
*another offense or offenses of sexual assault is admissible, and may be * 
*considered for its bearing on any matter to which it is relevant.       * 
*  "(b) In a case in which the Government intends to offer evidence under* 
*this rule, the attorney for the Government shall disclose the evidence  * 
*to the defendant, including statements of witnesses or a summary of the * 
*substance of any testimony that is expected to be offered, at least     * 
*fifteen days before the scheduled date of trial or at such later time as* 
*the court may allow for good cause.                                     * 
*  "(c) This rule shall not be construed to limit the admission or       * 
*consideration of evidence under any other rule.                         * 
*  "(d) For purposes of this rule and Rule 415, "offense of sexual       * 
*assault" means a crime under Federal law or the law of a State (as      * 
*defined in section 513 of title 18, United States Code) that involved-  * 
*      "(1) any conduct proscribed by chapter 109A of title 18, United   * 
*    States Code;                                                        * 
*      "(2) contact, without consent, between any part of the defendant's* 
*    body or an object and the genitals or anus of another person;       * 
*      "(3) contact, without consent, between the genitals or anus of the* 
*    defendant and any part of another person's body;                    * 
*      "(4) deriving sexual pleasure or gratification from the infliction* 
*    of death, bodily injury, or physical pain on another person; or     * 
*      "(5) an attempt or conspiracy to engage in conduct described in   * 
*    paragraphs (1)-(4).                                                 *
*"Rule 414. Evidence of Similar Crimes in Child Molestation Cases        * 
*  "(a) In a criminal case in which the defendant is accused of an       * 
*offense of child molestation, evidence of the defendant's commission of * 
*another offense or offenses of child molestation is admissible, and may * 
*be considered for its bearing on any matter to which it is relevant.    * 
*  "(b) In a case in which the Government intends to offer evidence under* 
*this rule, the attorney for the Government shall disclose the evidence  * 
*to the defendant, including statements of witnesses or a summary of the * 
*substance of any testimony that is expected to be offered, at least     * 
*fifteen days before the scheduled date of trial or at such later time as* 
*the court may allow for good cause.                                     * 
*  "(c) This rule shall not be construed to limit the admission or       * 
*consideration of evidence under any other rule.                         * 
*  "(d) For purposes of this rule and Rule 415, "child" means a person   * 
*below the age of fourteen, and "offense of child molestation" means a   * 
*crime under Federal law or the law of a State (as defined in section 513* 
*of title 18, United States Code) that involved-                         * 
*      "(1) any conduct proscribed by chapter 109A of title 18, United   * 
*    States Code, that was committed in relation to a child;             * 
*      "(2) any conduct proscribed by chapter 110 of title 18, United    * 
*    States Code;                                                        * 
*      "(3) contact between any part of the defendant's body or an object* 
*    and the genitals or anus of a child;                                * 
*      "(4) contact between the genitals or anus of the defendant and any* 
*    part of the body of a child;                                        * 
*      "(5) deriving sexual pleasure or gratification from the infliction* 
*    of death, bodily injury, or physical pain on a child; or            * 
*      "(6) an attempt or conspiracy to engage in conduct described in   * 
*    paragraphs (1)-(5).                                                 * 
*"Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual    * 
*Assault or Child Molestation                                            * 
*  "(a) In a civil case in which a claim for damages or other relief is  * 
*predicated on a party's alleged commission of conduct constituting an   * 
*offense of sexual assault or child molestation, evidence of that party's* 
*commission of another offense or offenses of sexual assault or child    * 
*molestation is admissible and may be considered as provided in Rule 413 * 
*and Rule 414 of these rules.                                            * 
*  "(b) A party who intends to offer evidence under this Rule shall      * 
*disclose the evidence to the party against whom it will be offered,     * 
*including statements of witnesses or a summary of the substance of any  * 
*testimony that is expected to be offered, at least fifteen days before  * 
*the scheduled date of trial or at such later time as the court may allow* 
*for good cause.                                                         * 
*  "(c) This rule shall not be construed to limit the admission or       * 
*consideration of evidence under any other rule."                        * 
                  *Subtitle F-Sexually Violent Predators                 * 
*SEC. 841. SHORT TITLE.                                                  * 
*  This subtitle may be cited as the "Sexually Violent Predators Act".   * 
*SEC. 842. FINDINGS.                                                     * 
*  Congress finds that-                                                  * 
*      (1) there exists a small but extremely dangerous group of sexually* 
*    violent persons who do not have a mental disease or defect;         * 
*      (2) persons who are sexually violent predators generally have     * 
*    antisocial personality features that-                               * 
*          (A) are not amenable to mental illness treatment modalities in*
*        existence on the date of enactment of this Act; and             * 
*          (B) render the persons likely to engage in sexually violent   * 
*        behavior;                                                       * 
*      (3) the likelihood that sexually violent predators will repeat    * 
*    acts of predatory sexual violence is high; and                      * 
*      (4) the prognosis for curing sexually violent predators is poor   * 
*    and the treatment needs of the population of the predators are very * 
*    long-term.                                                          * 
*SEC. 843. DEFINITIONS.                                                  * 
*  As used in this subtitle:                                             * 
*      (1) MENTAL ABNORMALITY.-THE TERM "MENTAL ABNORMALITY" MEANS A     * 
*    CONGENITAL OR ACQUIRED CONDITION OF A PERSON THAT AFFECTS THE       * 
*    EMOTIONAL OR VOLITIONAL CAPACITY OF THE PERSON IN A MANNER THAT     * 
*    PREDISPOSES THE PERSON TO THE COMMISSION OF CRIMINAL SEXUAL ACTS TO * 
*    A DEGREE THAT MAKES THE PERSON A MENACE TO THE HEALTH AND SAFETY OF * 
*    OTHER PERSONS.                                                      * 
*      (2) PREDATORY.-THE TERM "PREDATORY", WITH RESPECT TO AN ACT,      * 
*    MEANS AN ACT DIRECTED TOWARDS A STRANGER, OR A PERSON WITH WHOM A   * 
*    RELATIONSHIP HAS BEEN ESTABLISHED OR PROMOTED, FOR THE PRIMARY      * 
*    PURPOSE OF VICTIMIZATION.                                           * 
*      (3) SEXUALLY VIOLENT OFFENSE.-THE TERM "SEXUALLY VIOLENT OFFENSE" * 
*    MEANS AN ACT THAT IS A VIOLATION OF TITLE 18, UNITED STATES CODE OR * 
*    STATE CRIMINAL CODE THAT-                                           * 
*          (A) INVOLVES THE USE OR ATTEMPTED OR THREATENED USE OF        * 
*        PHYSICAL FORCE AGAINST THE PERSON OR PROPERTY OF ANOTHER PERSON;* 
*        AND                                                             * 
*          (B) IS DETERMINED BEYOND A REASONABLE DOUBT TO BE SEXUALLY    * 
*        MOTIVATED.                                                      * 
*      (4) SEXUALLY VIOLENT PREDATOR.-THE TERM "SEXUALLY VIOLENT         * 
*    PREDATOR" MEANS A PERSON WHO HAS BEEN CONVICTED OF A SEXUALLY       * 
*    VIOLENT OFFENSE AND WHO SUFFERS FROM A MENTAL ABNORMALITY OR        * 
*    PERSONALITY DISORDER THAT MAKES THE PERSON LIKELY TO ENGAGE IN      * 
*    PREDATORY SEXUALLY VIOLENT OFFENSES.                                * 
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