Adam Walsh Child Protection and Safety Act of 2006 - Detailed breakdown

This page contains a categorized breakdown of provisions within [H.R. 4472] Adam Walsh Child Protection and Safety Act of 2006. For a high-level summary and broader context, please visit the overview page here.

Crime and Safety

National sex offender registration system
Establishes a comprehensive national system for the registration of sex offenders, creating a three-tiered classification system based on offense severity.
Sex offender registration requirements
Requires sex offenders to register in each jurisdiction where they reside, work, or attend school, and to update their information within three business days of any change.
Dru Sjodin National Sex Offender Public Website
Establishes a national public website, maintained by the Attorney General, to provide public access to sex offender registration information from all jurisdictions.
Community notification program
Creates the Megan Nicole Kanka and Alexandra Nicole Zapp Community Notification Program to provide sex offender registry information to law enforcement, schools, and other relevant organizations.
Penalties for failure to register
Establishes federal criminal penalties, including fines and imprisonment of up to 10 years, for sex offenders who knowingly fail to register as required.
Prohibition on internet sales of date rape drugs
Makes it a federal crime to knowingly use the internet to distribute date rape drugs, with penalties of up to 20 years in prison.
Increased penalties for violent crimes against children
Establishes and increases mandatory minimum prison sentences for various federal crimes against children, including murder, kidnapping, sexual abuse, and sex trafficking.
Warrantless searches for released sex offenders
Allows courts to require sex offenders on probation or supervised release to submit their person, property, and electronic devices to search without a warrant based on reasonable suspicion.
No statute of limitations for felony sex offenses
Eliminates the statute of limitations for prosecuting federal felony sex offenses and child abductions involving a minor victim, allowing indictment at any time.
Victims' rights in habeas corpus proceedings
Ensures that crime victims are afforded rights, such as the right to be heard and present, in federal habeas corpus proceedings that arise from state convictions.
Expanded kidnapping jurisdiction
Broadens federal jurisdiction over kidnapping cases to include instances where the offender uses any means or facility of interstate or foreign commerce.
Bail reform for sex crimes involving minors
Amends the Bail Reform Act to mandate electronic monitoring and other strict conditions for any defendant released on bail in a case involving a minor victim of a sex crime.
Federal civil commitment of sexually dangerous persons
Establishes a new legal process for the civil commitment of sexually dangerous persons who are in the custody of the Bureau of Prisons.
Immigration consequences for sex offenders
Makes failure to register as a sex offender a deportable offense and bars individuals convicted of sex offenses against minors from sponsoring family members for immigration.
Prohibition on reproduction of child pornography evidence
Prohibits defendants in criminal proceedings from copying, photographing, or otherwise duplicating any material that constitutes child pornography, provided the government makes it reasonably available for inspection.
Bureau of Prisons sex offender treatment
Requires the Bureau of Prisons to establish and make available both residential and non-residential sex offender management and treatment programs in each of its regions.
Fugitive Safe Surrender Program
Establishes a U.S. Marshals Service program for fugitives to surrender safely in a non-confrontational setting, coordinated with community leaders.
Comprehensive study of sex offender issues
Requires the National Institute of Justice to conduct a comprehensive study on the effectiveness and costs of sex offender registration, notification, and treatment programs.
GAO studies on using driver's license registration for sex offenders
Directs the Government Accountability Office to study the feasibility, costs, and effectiveness of using state driver's license systems for sex offender registration.
Study of risk-based sex offender classification
Requires the Attorney General to study risk-based sex offender classification systems to evaluate their effectiveness in protecting public safety compared to offense-based systems.
Justice for Crime Victims Family Act
Requires the Attorney General to report on measures to improve homicide investigations, including those involving missing persons and unidentified human remains.
Child exploitation enterprises
Establishes a new federal crime for engaging in a 'child exploitation enterprise,' with a mandatory minimum sentence of 20 years to life imprisonment.
Increased penalties for registered sex offenders
Adds a consecutive 10-year prison sentence for registered sex offenders who commit another felony offense involving a minor.
Misleading words or digital images on the internet
Criminalizes embedding words or images into a website's source code to deceive a person into viewing obscene material or a minor into viewing material harmful to minors.
Additional resources to combat child exploitation
Authorizes an increase of at least 200 federal prosecutors, 45 computer forensic examiners, and 10 Internet Crimes Against Children Task Forces to combat child exploitation.
Masha's Law
Allows victims of child exploitation to sue for damages regardless of when the injury occurred and increases the minimum damages award from $50,000 to $150,000.
AmountDescription
$18,000,000Authorizing appropriations for Project Safe Childhood program activities.
$15,000,000Funding additional Assistant United States Attorneys for the Project Safe Childhood program.
$10,000,000Creating and enhancing Internet Crimes Against Children task forces.
$4,000,000Developing and enhancing the FBI's Innocent Images task forces.
$1,000,000Expanding training for law enforcement on combating online child exploitation.
$2,000,000Deploying technology to Internet Crimes Against Children Task Forces.
$10,000,000Authorizing grants for state civil commitment programs for sexually dangerous persons for fiscal years 2007-2010.
$5,000,000Funding a pilot program for electronic monitoring of sex offenders for fiscal years 2007-2009.
$7,000,000Funding a crime prevention campaign grant for fiscal year 2007.
$8,000,000Funding a crime prevention campaign grant for fiscal year 2008.
$9,000,000Funding a crime prevention campaign grant for fiscal year 2009.
$10,000,000Funding a crime prevention campaign grant for fiscal year 2010.
$20,000,000Authorizing grants for voluntary child fingerprinting programs over a 5-year period starting in fiscal year 2007.
$3,000,000Supporting the Fugitive Safe Surrender Program for fiscal year 2007.
$5,000,000Supporting the Fugitive Safe Surrender Program for fiscal year 2008.
$8,000,000Supporting the Fugitive Safe Surrender Program for fiscal year 2009.
$3,000,000Conducting a comprehensive study on the control, prosecution, treatment, and monitoring of sex offenders.

Government Operations

Establishment of the SMART Office
Creates the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) within the Department of Justice to administer the national program.
Annual report on sex offender registration enforcement
Requires the Attorney General to submit an annual report to Congress detailing efforts to enforce sex offender registration requirements and ensure jurisdictional compliance.

Social services

Mandatory background checks for foster and adoptive parents
Requires states to conduct fingerprint-based checks of national crime databases and child abuse registries for all prospective foster and adoptive parents.
National registry of substantiated child abuse cases
Directs the Secretary of Health and Human Services to create a national electronic registry of substantiated child abuse and neglect cases, with information provided by states and tribes.
AmountDescription
$9,000,000Providing grants to Big Brothers Big Sisters of America for mentoring at-risk youth in fiscal year 2007.
$10,000,000Providing grants to Big Brothers Big Sisters of America for mentoring at-risk youth in fiscal year 2008.
$11,500,000Providing grants to Big Brothers Big Sisters of America for mentoring at-risk youth in fiscal year 2009.
$13,000,000Providing grants to Big Brothers Big Sisters of America for mentoring at-risk youth in fiscal year 2010.
$15,000,000Providing grants to Big Brothers Big Sisters of America for mentoring at-risk youth in fiscal year 2011.
$10,000,000Funding grants for the treatment of juvenile sex offenders for fiscal years 2007-2009.
$3,000,000Providing grants to the Rape, Abuse & Incest National Network (RAINN) for fiscal years 2007-2010.
$500,000Studying the feasibility of establishing data collection standards for a national child abuse registry.