#aaeth ,,congress #b;d ,session ,h4 ,r4 #fhdg ,,an ,,act ,to amend title #ah1 ,united ,states ,code1 to expand and strengthen ,federal sex offenses1 to reauthorize certain programs established by the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,preventing ,child ,exploitation ,act of #bjah4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,strengthening ,federal ,sex ,offense ,laws ,sec4 #aja4 ,expanding the definition of illicit sexual conduct4 ,sec4 #ajb4 ,expanding the definition of ,federal sex offense4 ,sec4 #ajc4 ,failure of sex offenders to register4 ,sec4 #ajd4 ,prior military offenses included for purposes of recidivist sentencing provisions4 ,sec4 #aje4 ,sexual exploitation of children4 ,sec4 #ajf4 ,limited liability for certain persons when responding to search warrants or other legal process4 ,title ,,ii--,adam ,walsh ,reauthorization ,act ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,sex offender management assistance 7,,soma7 program reauthorization4 ,sec4 #bjc4 ,reauthorization of ,federal assistance with respect to violations of registration requirements4 ,sec4 #bjd4 ,duration of sex offender registration requirements for certain juveniles4 ,sec4 #bje4 ,public access to juvenile sex offender information4 ,sec4 #bjf4 ,protection of local governments from ,state noncompliance penalty under ,,sorna4 ,sec4 #bjg4 ,additional information to be included in annual report on enforcement of registration requirements4 ,sec4 #bjh4 ,ensuring supervision of released sexually dangerous persons4 ,sec4 #bji4 ,tribal ,access ,program4 ,sec4 #baj4 ,alternative mechanisms for in-person verification4 ,sec4 #baa4 ,clarification of aggravated sexual abuse4 ,sec4 #bab4 ,comprehensive examination of sex offender issues4 ,sec4 #bac4 ,assisting ,states with juvenile registration4 ,i ,strengthening ,federal ,sex ,offense ,laws #aja4 ,expanding the definition of illicit sexual conduct ,section #bdbc7;f77#a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking a sexual act 7as defined in section #bbdf7 with and inserting any conduct involving2 and 7#b7 by striking if the sexual act and inserting if the conduct4 #ajb4 ,expanding the definition of ,federal sex offense ,section #ceei of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e77#b77;,a7-- 7,a7 by inserting after #bbdd7;a77#a7 the following or #bbdd7;a77#e72 7,b7 by striking the or before #bdbc7;a72 7,c7 by striking into prostitution2 and 7,d7 by inserting or #bdbc7;c7 7relating to illicit sexual conduct7 before the semicolon at the end2 and 7#b7 in subsection 7e77#c71 by striking or #bdbc7;a7 and inserting 1 #bdbc7;a71 or #bdbc7;c74 #ajc4 ,failure of sex offenders to register ,section #bbej7;d7 of title #ah1 ,united ,state ,code1 is amended-- 7#a7 by inserting after ,federal law 7including the ,uniform ,code of ,military ,justice71 the following3 ,state law12 and 7#b7 by adding at the end the following3 7#c7 ,definition ,in this section1 the term crime of violence has the meaning given such term in section #af4 4 #ajd4 ,prior military offenses included for purposes of recidivist sentencing provisions 7a7 ,aggravated sexual abuse ,section #bbda7;c7 of title #ah1 ,united ,states ,code1 is amended by inserting after ,state offense the following3 or an offense under the ,uniform ,code of ,military ,justice4 7b7 ,sexual exploitation of children ,section #bbea7;e7 of title #ah1 ,united ,states ,code1 is amended by striking section #ibj of title #aj 7article #abj of the ,uniform ,code of ,military ,justice71 or under each place it appears and inserting the ,uniform ,code of ,military ,justice or4 7c7 ,certain activities relating to material involving the sexual exploitation of minors ,section #bbeb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#a71 by striking section #ibj of title #aj 7article #abj of the ,uniform ,code of ,military ,justice71 or under and inserting the ,uniform ,code of ,military ,justice or 2 and 7#b7 in subsection 7b77#b71 by striking section #ibj of title #aj 7article #abj of the ,uniform ,code of ,military ,justice71 or under and inserting the ,uniform ,code of ,military ,justice or4 7d7 ,certain activities relating to material constituting or containing child pornography ,section #bbeb;,a of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#a71 by striking section #ibj of title #aj 7article #abj of the ,uniform ,code of ,military ,justice71 or under and inserting the ,uniform ,code of ,military ,justice or2 and 7#b7 in subsection 7b77#b71 by striking section #ibj of title #aj 7article #abj of the ,uniform ,code of ,military ,justice71 or under and inserting the ,uniform ,code of ,military ,justice or4 7e7 ,repeat offenders ,section #bdbf7;b77#a77;,b7 of title #ah1 ,united ,states ,code1 is amended by inserting after ,state law the following3 or the ,uniform ,code of ,military ,justice4 7f7 ,sentencing classification ,section #ceei of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e77#b77;,b7-- 7,a7 by striking ,state sex offense and inserting ,state or ,military sex offense2 and 7,b7 by inserting after under ,state law the following3 or the ,uniform ,code of ,military ,justice2 and 7#b7 in subsection 7e77#b77;,c71 by inserting after ,state the following3 or ,military4 #aje4 ,sexual exploitation of children ,section #bbea of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by amending subsections 7a7 and 7b7 to read as follows3 7a7 ,any person who1 in a circumstance described in subsection 7f71 knowingly-- 7#a7 employs1 uses1 persuades1 induces1 entices1 or coerces a minor to engage in any sexually explicit conduct for the purpose of producing any visual depiction of such conduct1 or transmitting a live visual depiction of such conduct2 7#b7 produces or causes to be produced a visual depiction of a minor engaged in any sexually explicit conduct where the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct2 7#c7 transmits or causes to be transmitted a live visual depiction of a minor engaged in any sexually explicit conduct2 7#d7 has a minor assist any other person to engage in any sexually explicit conduct during the commission of an offense set forth in paragraphs 7#a7 through 7#c7 of this subsection2 or 7#e7 transports any minor in or affecting interstate or foreign commerce with the intent that such minor be used in the production or live transmission of a visual depiction of a minor engaged in any sexually explicit conduct1 shall be punished as provided under subsection 7e74 7b7 ,any parent1 legal guardian1 or person having custody or control of a minor who1 in a circumstance described in subsection 7f71 knowingly permits such minor to engage in1 or to assist any other person to engage in1 sexually explicit conduct knowing that a visual depiction of such conduct will be produced or transmitted shall be punished as provided under subsection 7e74 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking employs1 uses1 persuades1 induces1 entices1 or coerces any minor to engage in1 or who has a minor assist any other person to engage in1 any sexually explicit conduct and inserting engages in any conduct described in paragraphs 7#a7 through 7#e7 of subsection 7a72 and 7ii7 by striking 1 for the purpose of producing any visual depiction of such conduct12 7,b7 in paragraph 7#b77;,a71 by inserting after transported the following3 or transmitted2 and 7,c7 in paragraph 7#b77;,b71 by inserting after transports the following2 or transmits2 7#c7 by adding at the end the following3 7f7 ,the circumstances referred to in subsections 7a7 and 7b7 are-- 7#a7 that the person knows or has reason to know that such visual depiction will be-- 7,a7 transported or transmitted using any means or facility of interstate or foreign commerce2 7,b7 transported or transmitted in or affecting interstate or foreign commerce2 or 7,c7 mailed2 7#b7 the visual depiction was produced or transmitted using materials that have been mailed1 or shipped or transported in or affecting interstate or foreign commerce by any means1 including by computer2 7#c7 such visual depiction has actually been-- 7,a7 transported or transmitted using any means or facility of interstate or foreign commerce2 7,b7 transported or transmitted in or affecting interstate or foreign commerce2 or 7,c7 mailed2 or 7#d7 any part of the offense occurred in a territory or possession of the ,united ,states or within the special maritime and territorial jurisdiction of the ,united ,states4 7g7 ,notwithstanding any other provision of this section1 no criminal charge under subsection 7a77#c7 may be brought against an electronic communication service provider or remote computing service provider unless such provider has intentionally transmitted or caused to be transmitted a visual depiction with actual knowledge that such depiction is of a minor engaged in sexually explicit conduct1 nor may any such criminal charge be brought if barred by the provisions of section #bbeh;,b4 4 #ajf4 ,limited liability for certain persons when responding to search warrants or other legal process ,section #bbeh;,b of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by inserting from the response to a search warrant or other legal process or before from the performance2 and 7#b7 in subsection 7b77#b77;,c71 by inserting the response to a search warrant or other legal process or to before the performance of any responsibility4 ,,ii ,adam ,walsh ,reauthorization ,act #bja4 ,short title ,this title may be cited as the ,adam ,walsh ,reauthorization ,act of #bjah4 #bjb4 ,sex offender management assistance 7,,soma7 program reauthorization ,section #abf7;d7 of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#cd ,u4,s4,c4 #bjibh7;d77 is amended to read as follows3 7d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general #bj1jjj1jjj for each of the fiscal years #bjah through #bjbb1 to be available only for the ,,soma program4 4 #bjc4 ,reauthorization of ,federal assistance with respect to violations of registration requirements ,section #adb7;b7 of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#cd ,u4,s4,c4 #bjida7;b77 is amended to read as follows3 7b7 ,for each of fiscal years #bjah through #bjbb1 of amounts made available to the ,united ,states ,marshals ,service1 not less than #fj1jjj1jjj shall be available to carry out this section4 4 #bjd4 ,duration of sex offender registration requirements for certain juveniles ,subparagraph 7,b7 of section #aae7;b77#b7 of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#cd ,u4,s4,c4 #bjiae7;b77#b77 is amended by striking #be years and inserting #ae years4 #bje4 ,public access to juvenile sex offender information ,section #aah7;c7 of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#cd ,u4,s4,c4 #bjibj7;c77 is amended-- 7#a7 by striking and after the semicolon in paragraph 7#c72 7#b7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 any information about a sex offender for whom the offense giving rise to the duty to register was an offense for which the offender was adjudicated delinquent2 and 4 #bjf4 ,protection of local governments from ,state noncompliance penalty under ,,sorna ,section #abe of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#cd ,u4,s4,c4 #bjibg7;a77 is amended-- 7#a7 by striking jurisdiction each place it appears and inserting ,state2 7#b7 in subsection 7a7-- 7,a7 by striking subpart #a of part ,e and inserting section #eje7;c72 and 7,b7 by striking 7#db ,u4,s4,c4 #cgej et seq47 and inserting 7#cd ,u4,s4,c4 #ajaef7;c772 and 7#c7 by adding at the end the following3 7e7 ,calculation of allocation to units of local government ,notwithstanding the formula under section #eje7;c7 of the ,omnibus ,crime ,control and ,safe ,streets ,act #aifh 7#cd ,u4,s4,c4 #ajaef7;c771 a ,state which is subject to a reduction in funding under subsection 7a7 shall-- 7#a7 calculate the amount to be made available to units of local government by the ,state pursuant to the formula under section #eje7;c7 using the amount that would otherwise be allocated to that ,state for that fiscal year under section #eje7;c7 of that ,act1 and make such amount available to such units of local government2 and 7#b7 retain for the purposes described in section #eja any amount remaining after the allocation required by paragraph 7#a74 4 #bjg4 ,additional information to be included in annual report on enforcement of registration requirements ,section #fce of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#cd ,u4,s4,c4 #bjiia7 is amended-- 7#a7 by striking ,not later than ,july #a of each year and inserting ,on ,january #a of each year12 7#b7 in paragraph 7#c71 by inserting before the semicolon at the end the following3 1 and an analysis of any common reasons for noncompliance with such ,act2 7#c7 in paragraph 7#d71 by striking and at the end2 7#d7 in paragraph 7#e71 by striking the period at the end and inserting a semicolon2 and 7#e7 by adding after paragraph 7#e7 the following3 7#f7 the number of sex offenders registered in the ,national ,sex ,offender ,registry2 7#g7 the number of sex offenders registered in the ,national ,sex ,offender ,registry who-- 7,a7 are adults2 7,b7 are juveniles2 and 7,c7 are adults1 but who are required to register as a result of conduct committed as a juvenile2 and 7#h7 to the extent such information is obtainable1 of the number of sex offenders registered in the ,national ,sex ,offender ,registry who are juveniles-- 7,a7 the percentage of such offenders who were adjudicated delinquent2 and 7,b7 the percentage of such offenders who were prosecuted as adults4 4 #bjh4 ,ensuring supervision of released sexually dangerous persons 7a7 ,probation officers ,section #cfjc of title #ah1 ,united ,states ,code1 is amended in paragraph 7#h77;,a7 by striking or #dbdf and inserting 1 #dbdf1 or #dbdh4 7b7 ,pretrial services officers ,section #caed of title #ah1 ,united ,states ,code1 is amended in paragraph 7#ab77;,a7 by striking or #dbdf and inserting 1 #dbdf1 or #dbdh4 #bji4 ,tribal ,access ,program ,the ,attorney ,general is authorized to provide technical assistance1 including equipment1 to tribal governments for the purpose of enabling such governments to access1 enter information into1 and obtain information from1 ,federal criminal information databases1 as authorized under section #ecd7;d7 of title #bh1 ,united ,states ,code4 ,the ,department of ,justice ,working ,capital ,fund 7established under section #ebg of title #bh1 ,united ,states ,code7 may be reimbursed by federally recognized tribes for technical assistance provided pursuant to this section4 #baj4 ,alternative mechanisms for in-person verification ,section #aaf of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#cd ,u4,s4,c4 #bjiah7 is amended-- 7#a7 by striking ,a sex offender shall and inserting the following3 7a7 ,in general ,except as provided in subsection 7b71 a sex offender shall 2 and 7#b7 by adding at the end the following3 7b7 ,alternative verification method ,a jurisdiction may allow a sex offender to comply with the requirements under subsection 7a7 by an alternative verification method approved by the ,attorney ,general1 except that each offender shall appear in person not less than one time per year4 ,the ,attorney ,general shall approve an alternative verification method described in this subsection prior to its implementation by a jurisdiction in order to ensure that such method provides for verification that is sufficient to ensure the public safety4 4 #baa4 ,clarification of aggravated sexual abuse ,section #aaa7h7 of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#cd ,u4,s4,c4 #bjiaa7h77 is amended by inserting subsection 7a7 or 7b7 of before section #bbda of title #ah1 ,united ,states ,code4 #bab4 ,comprehensive examination of sex offender issues ,section #fcd7;c7 of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf is amended by adding at the end the following3 7#c7 ,additional report ,not later than #a year after the date of enactment of the ,adam ,walsh ,reauthorization ,act of #bjah1 the ,national ,institute of ,justice shall submit to ,congress a report on the public safety impact1 recidivism1 and collateral consequences of long-term registration of juvenile sex offenders1 based on the information collected for the study under subsection 7a7 and any other information the ,national ,institute of ,justice determines necessary for such report4 4 #bac4 ,assisting ,states with juvenile registration ,section #abe of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#cd ,u4,s4,c4 #bjibg7 is amended by adding at the end the following3 7e7 ,substantial implementation for juvenile registration requirements 7#a7 ,in general ,in the case of a jurisdiction that uses a discretionary process for determining whether registration under this ,act is required for juveniles #ad years of age or older who are adjudicated delinquent for sex offenses described in section #aaa7h71 the ,attorney ,general1 in assessing whether the jurisdiction has substantially implemented this title with respect to the registration of such juveniles1 may examine the policies and practices that the jurisdiction has in place-- 7,a7 related to the prosecution as adults1 of juveniles who commit sex offenses described in section #aaa7h72 7,b7 related to the registration under this ,act of juveniles adjudicated delinquent for such an offense2 and 7,c7 related to the identification1 tracking1 monitoring1 or managing of juveniles adjudicated delinquent for such offenses who reside in the jurisdiction1 including policies and practices to ensure that the records of their identities and sex offenses are available as needed for public safety purposes4 7#b7 ,submission by jurisdiction ,a jurisdiction described in paragraph 7#a7 shall submit to the ,attorney ,general an explanation for how the discretionary process used by the jurisdiction with respect to the registration of juveniles under this ,act should be considered substantial implementation of this title4 7#c7 ,determination ,the ,attorney ,general may determine that a jurisdiction has substantially implemented this title if the ,attorney ,general determines that the policies and practices described in paragraph 7#a7 have resulted or will result in the registration1 identification1 tracking1 monitoring1 or management of juveniles who commit sex offenses described in section #aaa7h71 and in the availability of the identities and sex offenses of such juveniles as needed for public safety purposes1 in a manner that does not substantially disserve the purposes of this title4 4 ,passed the ,house of ,representatives ,september #be1 #bjah4;,clerk4