I 

109TH CONGRESS 

1ST SESSION H. R. 3133 

To provide for the registration of sex offenders and for appropriate 

notification of their whereabouts, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 30, 2005 

Mr. FOLEY (for himself and Mr. CRAMER) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

To provide for the registration of sex offenders and for 

appropriate notification of their whereabouts, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sex Offender Registra5 tion and Notification Act’’. 

6 SEC. 2. DECLARATION OF PURPOSE. 

7 In response to the vicious attacks by violent sexual 

8 predators against the victims listed below, Congress in this 

9 Act establishes a comprehensive national system for the 

10 registration of sex offenders: 
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1 (1) Jacob Wetterling, who was 11 years old, 

2 was abducted in 1989 in Minnesota, and remains 

3 missing. 

4 (2) Megan Nicole Kanka, who was 7 years old, 

5 was abducted, sexually assaulted and murdered in 

6 1994, in New Jersey. 

7 (3) Pam Lychner, who was 31 years old, was 

8 attacked by a career offender in Houston, Texas. 

9 (4) Jetseta Gage, who was 10 years old, was 

10 kidnapped, sexually assaulted, and murdered in 

11 2005 in Cedar Rapids, Iowa. 

12 (5) Dru Sjodin, who was 22 years old, was sex13 ually assaulted and murdered in 2003, in North Da14 kota. 

15 (6) Jessica Lunsford, who was 9 years, was ab16 ducted, sexually assaulted, buried alive, and mur17 dered in 2005, in Homosassa, Florida. 

18 (7) Sarah Lunde, who was 13 years old, was 

19 strangled and murdered in 2005, in Ruskin, Florida. 

20 (8) Amie Zyla, who was 8 years old, was sexu21 ally assaulted in 1996 by a juvenile offender in 

22 Waukesha, Wisconsin, and has become an advocate 

23 for child victims and protection of children from ju24 venile sex offenders. 
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1 (9) Christy Ann Fornoff, who was 13 years old, 

2 was abducted, sexually assaulted and murdered in 

3 1984, in Tempe, Arizona. 

4 (10) Alexandra Nicole Zapp, who was 30 years 

5 old, was brutally attacked and murdered in a public 

6 restroom by a repeat sex offender in 2002, in 

7 Bridgewater, Massachusetts. 

8 TITLE I—JACOB WETTERLING 

9 SEX OFFENDER REGISTRA10 TION AND NOTIFICATION 

11 PROGRAM 

12 SEC. 101. RELEVANT DEFINITIONS, INCLUDING AMIE ZYLA 

13 EXPANSION OF SEX OFFENDER DEFINITION 

14 AND EXPANDED INCLUSION OF CHILD PRED15 ATORS. 

16 In this Act the following definitions apply: 

17 (1) SEX OFFENDER REGISTRY.—The term ‘‘sex 

18 offender registry’’ means a registry of sex offenders, 

19 and a notification program, maintained by a juris20 diction. 

21 (2) JURISDICTION.—The term jurisdiction 

22 means any of the following: 

23 (A) A State. 

24 (B) The District of Columbia. 

25 (C) The Commonwealth of Puerto Rico. 
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1 (D) Guam. 

2 (E) American Somoa. 

3 (F) Northern Mariana Islands. 

4 (G) The United States Virgin Islands. 

5 (H) A federally recognized Indian tribe. 

6 (3) AMIE ZYLA EXPANSION OF SEX OFFENDER

7 DEFINITION.—The term ‘‘sex offender’’ means an 

8 individual who, either before or after the enactment 

9 of this Act, was convicted of, or adjudicated a juve10 nile delinquent for, an offense (other than an offense 

11 involving sexual conduct where the victim was at 

12 least 13 years old and the offender was not more 

13 than 4 years older than the victim and the sexual 

14 conduct was consensual, or an offense consisting of 

15 consensual sexual conduct with an adult) whether 

16 Federal, State, local, tribal, foreign (other than an 

17 offense based on conduct that would not be a crime 

18 if the conduct took place in the United States), mili19 tary, juvenile or other, that is— 

20 (A) a specified offense against a minor; 

21 (B) a serious sex offense; or 

22 (C) a misdemeanor sex offense against a 

23 minor. 

24 (4) EXPANSION OF DEFINITION OF OFFENSE

25 TO INCLUDE ALL CHILD PREDATORS.—The term 
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1 ‘‘specified offense against a minor’’ means an of2 fense against a minor that involves any of the fol3 lowing: 

4 (A) Kidnapping (unless committed by a 

5 parent). 

6 (B) False imprisonment (unless committed 

7 by a parent). 

8 (C) Solicitation to engage in sexual con9 duct. 

10 (D) Use in a sexual performance. 

11 (E) Solicitation to practice prostitution. 

12 (F) Possession, production, or distribution 

13 of child pornography. 

14 (G) Criminal sexual conduct towards a 

15 minor. 

16 (H) Any conduct that by its nature is a 

17 sexual offense against a minor. 

18 (I) Any other offense designated by the At19 torney General for inclusion in this definition. 

20 (J) Any attempt or conspiracy to commit 

21 an offense described in this paragraph. 

22 (5) SEX OFFENSE.—The term ‘‘sex offense’’ 

23 means a criminal offense that has an element involv24 ing sexual act or sexual contact with another, or an 

25 attempt or conspiracy to commit such an offense. 
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1 (6) SERIOUS SEX OFFENSE.—The term ‘‘seri2 ous sex offense’’ means— 

3 (A) a sex offense punishable under the law 

4 of a jurisdiction by imprisonment for more than 

5 one year; 

6 (B) any Federal offense under chapter 

7 109A, 110, 117, or section 1591 of title 18, 

8 United States Code; 

9 (C) an offense in a category specified by 

10 the Secretary of Defense under section 

11 115(a)(8)(C) of title I of Public Law 105–119 

12 (10 U.S.C. 951 note); and 

13 (D) any other offense designated by the 

14 Attorney General for inclusion in this definition. 

15 (7) MISDEMEANOR SEX OFFENSE AGAINST A

16 MINOR.—The term ‘‘misdemeanor sex offense 

17 against a minor’’ means a sex offense against a 

18 minor punishable by imprisonment for not more 

19 than one year. 

20 (8) STUDENT.—The term ‘‘student’’ means an 

21 individual who enrolls or attends an educational in22 stitution, including (whether public or private) a sec23 ondary school, trade or professional school, and in24 stitution of higher education. 
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1 (9) EMPLOYEE.—The term ‘‘employee’’ includes 

2 an individual who is self-employed or works for any 

3 other entity, whether compensated or not. 

4 (10) RESIDES.—The term ‘‘resides’’ means, 

5 with respect to an individual, the location of the in6 dividual’s home or other place where the individual 

7 lives. 

8 (11) MINOR.—The term ‘‘minor’’ means an in9 dividual who has not attained the age of 18 years. 

10 SEC. 102. REGISTRY REQUIREMENTS FOR JURISDICTIONS. 

11 Each jurisdiction shall maintain a jurisdiction-wide 

12 sex offender registry conforming to the requirements of 

13 this Act. The Attorney General shall issue and interpret 

14 guidelines to implement the requirements and purposes of 

15 this Act. 

16 SEC. 103. REGISTRY REQUIREMENTS FOR SEX OFFENDERS. 

17 (a) IN GENERAL.—A sex offender must register, and 

18 keep the registration current, in each jurisdiction where 

19 the offender resides, where the offender is an employee, 

20 and where the offender is a student. 

21 (b) INITIAL REGISTRATION.—The sex offender shall 

22 initially register— 

23 (1) before completing a sentence of imprison24 ment with respect to the offense giving rise to the 

25 registration requirement; or 
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1 (2) not later than 5 days after being sentenced 

2 for that offense, if the sex offender is not sentenced 

3 to a term of imprisonment. 

4 (c) KEEPING THE REGISTRATION CURRENT.—A sex 

5 offender must inform each jurisdiction involved, not later 

6 than 5 days after each change of residence, employment, 

7 or student status. 

8 (d) RETROACTIVE DUTY TO REGISTER.—The Attor9 ney General shall prescribe a method for the registration 

10 of sex offenders convicted before the enactment of this 

11 Act. 

12 (e) STATE PENALTY FOR FAILURE TO COMPLY.— 

13 Each jurisdiction shall provide a criminal penalty, that in14 cludes a maximum term of imprisonment that is greater 

15 than one year, for the failure of a sex offender to comply 

16 with the requirements of this Act. 

17 SEC. 104. INFORMATION REQUIRED IN REGISTRATION. 

18 (a) PROVIDED BY THE OFFENDER.—The sex of19 fender must provide the following information to the ap20 propriate official for inclusion in the sex offender registry: 

21 (1) The name of the sex offender (including any 

22 alias used by the individual). 

23 (2) The Social Security number of the sex of24 fender. 
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1 (3) The address and location of the residence at 

2 which the sex offender resides or will reside. 

3 (4) The place where the sex offender is em4 ployed or will be employed. 

5 (5) The place where the sex offender is a stu6 dent or will be a student. 

7 (6) The license plate number of any vehicle 

8 owned or operated by the sex offender. 

9 (7) A photograph of the sex offender. 

10 (8) A set of fingerprints and palm prints of the 

11 sex offender, if the appropriate official determines 

12 that the jurisdiction does not already have available 

13 an accurate set. 

14 (9) A DNA sample of the sex offender, if the 

15 appropriate official determines that the jurisdiction 

16 does not already have available an appropriate DNA 

17 sample. 

18 (10) Any other information required by the At19 torney General. 

20 (b) PROVIDED BY THE JURISDICTION.—The jurisdic21 tion in which the sex offender registers shall include the 

22 following information in the registry for that sex offender: 

23 (1) A statement of the facts of the offense giv24 ing rise to the requirement to register under this 

25 Act. 
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1 (2) The criminal history of the sex offender. 

2 (3) Any other information required by the At3 torney General. 

4 SEC. 105. DURATION OF REGISTRATION REQUIREMENT. 

5 A sex offender shall keep the registration current— 

6 (1) for the life of the sex offender, if the offense 

7 is a specified offense against a minor, a serious sex 

8 offense, or a second misdemeanor sex offense 

9 against a minor; and 

10 (2) for a period of 20 years, in any other case. 

11 SEC. 106. IN PERSON VERIFICATION. 

12 A sex offender shall appear in person and verify the 

13 information in each registry in which that offender is re14 quired to be registered not less frequently than once every 

15 six months. 

16 SEC. 107. DUTY TO NOTIFY SEX OFFENDERS OF REGISTRA17 TION REQUIREMENTS AND TO REGISTER. 

18 An appropriate official shall, shortly before release 

19 from custody of the sex offender, or, if the sex offender 

20 is not in custody, immediately after the sentencing of the 

21 sex offender, for the offense giving rise to the duty to reg22 ister— 

23 (1) inform the sex offender of the duty to reg24 ister and explain that duty; 
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1 (2) require the sex offender to read and sign a 

2 form stating that the duty to register has been ex3 plained and that the sex offender understands the 

4 registration requirement; and 

5 (3) ensure that the sex offender is registered. 

6 SEC. 108. JESSICA LUNSFORD ADDRESS VERIFICATION 

7 PROGRAM. 

8 (a) ESTABLISHMENT.—There is established the Jes9 sica Lunsford Address Verification Program (hereinafter 

10 in this section referred to as the ‘‘Program’’). 

11 (b) VERIFICATION.—In the Program, an appropriate 

12 official shall verify the residence of each registered sex of13 fender not less than monthly or, in the case of a sex of14 fender required to register because of a misdemeanor sex 

15 offense against a minor, not less than quarterly. 

16 (c) USE OF MAILED FORM AUTHORIZED.—Such 

17 verification may be achieved by mailing a nonforwardable 

18 verification form to the last known address of the sex of19 fender. The date of the mailing may be selected at ran20 dom. The sex offender must return the form, including 

21 a notarized signature, within a set period of time. A failure 

22 to return the form as required may be a failure to register 

23 for the purposes of this Act. 
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1 SEC. 109. NATIONAL SEX OFFENDER REGISTRY. 

2 The Attorney General shall maintain a national data3 base at the Federal Bureau of Investigation for each sex 

4 offender and other person required to register in a juris5 diction’s sex offender registry. The database shall be 

6 known as the National Sex Offender Registry. 

7 SEC. 110. DRU SJODIN NATIONAL SEX OFFENDER PUBLIC 

8 WEBSITE. 

9 (a) ESTABLISHMENT.—There is established the Dru 

10 Sjodin National Sex Offender Public Website (hereinafter 

11 referred to as the ‘‘Website’’). 

12 (b) INFORMATION TO BE PROVIDED.—The Attorney 

13 General shall maintain the Website as a site on the Inter14 net which allows the public to obtain relevant information 

15 for each sex offender by a single query in a form estab16 lished by the Attorney General. 

17 (c) ELECTRONIC FORWARDING.—The Attorney Gen18 eral shall ensure (through the National Sex Offender Reg19 istry or otherwise) that updated information about a sex 

20 offender is immediately transmitted by electronic for21 warding to all relevant jurisdictions, unless the Attroney 

22 General determines that each jurisdiction has so modified 

23 its sex offender registry and notification program that 

24 there is no longer a need for the Attorney General to do. 
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1 SEC. 111. PUBLIC ACCESS TO SEX OFFENDER INFORMA2 TION THROUGH THE INTERNET. 

3 Each jurisdiction shall make available on the Internet 

4 all information about each sex offender in the registry, ex5 cept for the offender’s Social Security number, the identity 

6 of any victim, and any other information exempted from 

7 disclosure by the Attorney General. The jurisdiction shall 

8 provide this information in a manner that is readily acces9 sible to the public. 

10 SEC. 112. MEGAN NICOLE KANKA AND ALEXANDRA NICOLE 

11 ZAPP COMMUNITY NOTIFICATION PROGRAM. 

12 (a) ESTABLISHMENT OF PROGRAM.—There is estab13 lished the Megan Nicole Kanka and Alexandra Nicole 

14 Zapp Community Program (hereinafter in this section re15 ferred to as the ‘‘Program’’). 

16 (b) NOTIFICATION.—In the Program, as soon as pos17 sible, and in any case not later than 5 days after a sex 

18 offender registers or updates a registration, an appro19 priate official in the jurisdiction shall provide the informa20 tion in the registry (other than information exempted from 

21 disclosure by the Attorney General) about that offender 

22 to the following: 

23 (1) The Attorney General, who shall include 

24 that information in the National Sex Offender Reg25 istry. 
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1 (2) Appropriate law enforcement agencies (in2 cluding probation agencies, if appropriate), and each 

3 school and public housing agency, in each area in 

4 which the individual resides, is employed, or is a stu5 dent. 

6 (3) Each jurisdiction from or to which a change 

7 of residence, work, or student status occurs. 

8 (4) Any agency responsible for conducting em9 ployment-related background checks under section 3 

10 of the National Child Protection Act of 1993 (42 

11 U.S.C. 5119a). 

12 (5) Social service entities responsible for pro13 tecting minors in the child welfare system. 

14 (6) Volunteer organizations in which contact 

15 with minors or other vulnerable individuals might 

16 occur. 

17 SEC. 113. ACTIONS TO BE TAKEN WHEN SEX OFFENDER 

18 FAILS TO COMPLY. 

19 An appropriate official shall notify the Attorney Gen20 eral and appropriate State and local law enforcement 

21 agencies of any failure by a sex offender to comply with 

22 the requirements of a registry. The appropriate official, 

23 the Attorney General, and each such State and local law 

24 enforcment agency shall take any appropriate action to en25 sure compliance. 
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1 SEC. 114. IMMUNITY FOR GOOD FAITH CONDUCT. 

2 Law enforcement agencies, employees of law enforce3 ment agencies and independent contractors acting at the 

4 direction of such agencies, and officials of jurisdictions 

5 and other political subdivisions shall not be civilly or crimi6 nally liable for good faith conduct under this Act. 

7 SEC. 115. DEVELOPMENT AND AVAILABILITY OF REGISTRY 

8 MANAGEMENT SOFTWARE. 

9 The Attorney General shall develop and support soft10 ware for use to establish, maintain, publish, and share sex 

11 offender registries. 

12 SEC. 116. FEDERAL DUTY WHEN STATE PROGRAMS NOT 

13 MINIMALLY SUFFICIENT. 

14 If the Attorney General determines that a jurisdiction 

15 does not have a minimally sufficient sex offender registra16 tion program, the Department of Justice shall, to the ex17 tent practicable, carry out the duties imposed on that ju18 risdiction by this Act. 

19 SEC. 117. PERIOD FOR IMPLEMENTATION BY JURISDIC20 TIONS. 

21 Each jurisdiction shall implement this Act not later 

22 than 2 years after the date of the enactment of this Act. 

23 However, the Attorney General may authorize a one-year 

24 extension of the deadline. 
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1 SEC. 118. FAILURE TO COMPLY. 

2 (a) IN GENERAL.—For any fiscal year after the end 

3 of the period for implementation, a jurisdiction that fails 

4 to implement this Act shall not receive 10 percent of the 

5 funds that would otherwise be allocated for that fiscal year 

6 to the jurisdiction under each of the following programs: 

7 (1) BYRNE.—Subpart 1 of part E of title I of 

8 the Omnibus Crime Control and Safe Streets Act of 

9 1968 (42 U.S.C. 3750 et seq.), whether character10 ized as the Edward Byrne Memorial State and Local 

11 Law Enforcement Assistance Programs, the Edward 

12 Byrne Memorial Justice Assistance Grant Program, 

13 or otherwise. 

14 (2) LLEBG.—The Local Government Law En15 forcement Block Grants program. 

16 (b) REALLOCATION.—Amounts not allocated under a 

17 program referred to in paragraph (1) to a jurisdiction for 

18 failure to fully implement this Act shall be reallocated 

19 under that program to jurisdictions that have not failed 

20 to implement this Act. 

21 SEC. 119. SEX OFFENDER MANAGEMENT ASSISTANCE 

22 (SOMA) PROGRAM. 

23 (a) IN GENERAL.—The Attorney General shall estab24 lish and implement a Sex Offender Management Assist25 ance program (in this Act referred to as the ‘‘SOMA pro26 gram’’) under which the Attorney General may award a 
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1 grant to a jurisdiction to offset the costs of implementing 

2 this Act. 

3 (b) APPLICATION.—The chief executive of a jurisdic4 tion shall, on an annual basis, submit to the Attorney Gen5 eral an application in such form and containing such infor6 mation as the Attorney General may require. 

7 (c) BONUS PAYMENTS FOR PROMPT COMPLIANCE.— 

8 A jurisdiction that, as determined by the Attorney Gen9 eral, has implemented this Act not later than two years 

10 after the date of the enactment of this Act is eligible for 

11 a bonus payment. Such payment shall be made under the 

12 SOMA program for the first fiscal year beginning after 

13 that determination. The amount of the payment shall be— 

14 (1) 10 percent of the total received by the juris15 diction under the SOMA program for the preceding 

16 fiscal year, if implementation is not later than one 

17 year after the date of enactment of this Act; and 

18 (2) 5 percent of such total, if not later than two 

19 years after that date. 

20 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi21 tion to any amounts otherwise authorized to be appro22 priated, there are authorized to be appropriated such sums 

23 as may be necessary to the Attorney General, to be avail24 able only for the SOMA program, for fiscal years 2006 

25 through 2008. 
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1 SEC. 120. DEMONSTRATION PROJECT FOR USE OF ELEC2 TRONIC MONITORING DEVICES. 

3 (a) PROJECT REQUIRED.—The Attorney General 

4 shall carry out a demonstration project under which the 

5 Attorney General makes grants to jurisdictions to dem6 onstrate the extent to which electronic monitoring devices 

7 can be used effectively in a sex offender management pro8 gram. 

9 (b) USE OF FUNDS.—The jurisdiction may use grant 

10 amounts under this section directly, or through arrange11 ments with public or private entities, to carry out pro12 grams under which the whereabouts of sex offenders are 

13 monitored by electronic monitoring devices. 

14 (c) PARTICIPANTS.—Not more than 10 jurisdictions 

15 may participate in the demonstration project at any one 

16 time. 

17 (d) FACTORS.—In selecting jurisdictions to partici18 pate in the demonstration project, the Attorney General 

19 shall consider the following factors: 

20 (1) The total number of sex offenders in the ju21 risdiction. 

22 (2) The percentage of those sex offenders who 

23 fail to comply with registration requirements. 

24 (3) The threat to public safety posed by those 

25 sex offenders who fail to comply with registration re26 quirements. 
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1 (4) Any other factor the Attorney General con2 siders appropriate. 

3 (e) DURATION.—The Attorney General shall carry 

4 out the demonstration project for fiscal years 2007, 2008, 

5 and 2009. 

6 (f) REPORTS.—The Attorney General shall submit to 

7 Congress an annual report on the demonstration project. 

8 Each such report shall describe the activities carried out 

9 by each participant, assess the effectiveness of those ac10 tivities, and contain any other information or rec11 ommendations that the Attorney General considers appro12 priate. 

13 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 such sums as may be necessary. 

16 SEC. 121. NATIONAL CENTER FOR MISSING AND EXPLOITED 

17 CHILDREN ACCESS TO INTERSTATE IDENTI18 FICATION INDEX. 

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law, the Attorney General shall ensure that the 

21 National Center for Missing and Exploited Children has 

22 access to the Interstate Identification Index, to be used 

23 by the Center only within the scope of its duties and re24 sponsibilities under Federal law. The access provided 

25 under this section shall be authorized only to personnel 
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1 of the Center that have met all the requirements for ac2 cess, including training, certification, and background 

3 screening. 

4 (b) IMMUNITY.—Personnel of the Center shall not be 

5 civilly or criminally liable for any use or misuse of infor6 mation in the Interstate Identification Index if in good 

7 faith. 

8 SEC. 122. LIMITED IMMUNITY FOR NATIONAL CENTER FOR 

9 MISSING AND EXPLOITED CHILDREN WITH 

10 RESPECT TO CYBERTIPLINE. 

11 Section 227 of the Victims of Child Abuse Act of 

12 1990 (42 U.S.C. 13032) is amended by adding at the end 

13 the following new subsection: 

14 ‘‘(g) LIMITATION ON LIABILITY.— 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graphs (2) and (3), the National Center for Missing 

17 and Exploited Children, including any of its direc18 tors, officers, employees, or agents, is not liable in 

19 any civil or criminal action for damages directly re20 lated to the performance of its CyberTipline respon21 sibilities and functions as defined by this section. 

22 ‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS23 CONDUCT.—Paragraph (1) does not apply in an ac24 tion in which a party proves that the National Cen25 ter for Missing and Exploited Children, or its offi-
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1 cer, employee, or agent as the case may be, engaged 

2 in intentional misconduct or acted, or failed to act, 

3 with actual malice, with reckless disregard to a sub4 stantial risk of causing injury without legal justifica5 tion, or for a purpose unrelated to the performance 

6 of responsibilities or functions under this section. 

7 ‘‘(3) ORDINARY BUSINESS ACTIVITIES.—Para8 graph (1) does not apply to an act or omission re9 lated to an ordinary business activity, such as an ac10 tivity involving general administration or operations, 

11 the use of motor vehicles, or personnel manage12 ment.’’. 

13 TITLE II—CRIMINAL LAW EN14 FORCEMENT OF REGISTRA15 TION REQUIREMENTS 

16 SEC. 201. AMENDMENTS TO TITLE 18, UNITED STATES 

17 CODE, RELATING TO SEX OFFENDER REG18 ISTRATION. 

19 (a) CRIMINAL PENALTIES FOR NONREGISTRATION.— 

20 Part I of title 18, United States Code, is amended by in21 serting after chapter 109A the following: 

22 ‘‘CHAPTER 109B—SEX OFFENDER AND 

23 CRIMES AGAINST CHILDREN REGISTRY 

‘‘2250. Failure to register. 
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1 ‘‘§ 2250. Failure to register 

2 ‘‘Whoever receives a notice from an official that such 

3 person is required to register under the Sex Offender Reg4 istration and Notification Act and— 

5 ‘‘(1) is a sex offender as defined for the pur6 poses of that Act by reason of a conviction under 

7 Federal law; or 

8 ‘‘(2) thereafter travels in interstate or foreign 

9 commerce, or enters or leaves Indian country; 

10 and knowingly fails to register as required shall be fined 

11 under this title and imprisoned not less than 5 years nor 

12 more than 20 years.’’. 

13 (b) CLERICAL AMENDMENT.—The table of chapters 

14 for part I of title 18, United States Code, is amended by 

15 inserting after the item relating to chapter 109A the fol16 lowing new item: 

‘‘109B. Sexual offender and crimes against children registry ............................................................................. 2250’’. 

17 (c) FALSE STATEMENT OFFENSE.—Section 1001(a) 

18 of title 18, United States Code, is amended by adding at 

19 the end the following: ‘‘If the matter relates to an offense 

20 under chapter 109A, 109B, 110, or 117, then the term 

21 of imprisonment imposed under this section shall be not 

22 less than 5 years nor more than 20 years.’’. 
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1 (d) PROBATION.—Paragraph (8) of section 3563(a) 

2 of title 18, United States Code, is amended to read as 

3 follows: 

4 ‘‘(8) for a person required to register under the 

5 Sex Offender Registration and Notification Act, that 

6 the person comply with the requirements of that 

7 Act; and’’. 

8 (e) SUPERVISED RELEASE.—Section 3583 of title 18, 

9 United States Code, is amended— 

10 (1) in subsection (d), in the sentence beginning 

11 with ‘‘The court shall order, as an explicit condition 

12 of supervised release for a person described in sec13 tion 4042(c)(4)’’, by striking ‘‘described in section 

14 4042(c)(4)’’ and all that follows through the end of 

15 the sentence and inserting ‘‘required to register 

16 under the Sex Offender Registration and Notifica17 tion Act that the person comply with the require18 ments of that Act.’’. 

19 (2) in subsection (k)— 

20 (A) by striking ‘‘2244(a)(1), 2242(a)(2)’’ 

21 and inserting ‘‘2243, 2244, 2245, 2250’’; 

22 (B) by inserting ‘‘not less than 5,’’ after 

23 ‘‘any term of years’’; and 

24 (C) by adding at the end the following: ‘‘If 

25 a defendant required to register under the Sex 
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1 Offender Registration and Notification Act vio2 lates the requirements of that Act or commits 

3 any criminal offense for which imprisonment for 

4 a term longer than one year can be imposed, 

5 the court shall revoke the term of supervised re6 lease and require the defendant to serve a term 

7 of imprisonment under subsection (e)(3) with8 out regard to the exception contained therein. 

9 Such term shall be not less than 5 years, and 

10 if the offense was an offense under chapter 

11 109A, 109B, 110, or 117, not less than 10 

12 years.’’. 

13 (f) DUTIES OF BUREAU OF PRISONS.—Paragraph 

14 (3) of section 4042(c) of title 18, United States Code, is 

15 amended to read as follows: 

16 ‘‘(3) The Director of the Bureau of Prisons 

17 shall inform a person who is released from prison 

18 and required to register under the Sex Offender 

19 Registration and Notification Act of the require20 ments of that Act as they apply to that person and 

21 the same information shall be provided to a person 

22 sentenced to probation by the probation officer re23 sponsible for supervision of that person.’’. 

24 (g) CONFORMING AMENDMENT OF CROSS REF25 ERENCE.—Paragraph (1) of section 4042(c) of title 18, 
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1 United States Code, is amended by striking ‘‘(4)’’ and in2 serting ‘‘(3)’’. 

3 (h) CONFORMING REPEAL OF DEADWOOD.—Para4 graph (4) of section 4042(c) of title 18, United States 

5 Code, is repealed. 

6 SEC. 202. INVESTIGATION BY UNITED STATES MARSHALS 

7 OF SEX OFFENDER VIOLATIONS OF REG8 ISTRATION REQUIREMENTS. 

9 (a) IN GENERAL.—The Attorney General shall use 

10 the authority provided in section 566(e)(1)(B) of title 28, 

11 United States Code, to assist States and other jurisdic12 tions in locating and apprehending sex offenders who vio13 late sex offender registration requirements. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as may be 

16 necessary for fiscal years 2006 through 2008 to implement 

17 this section. 

18 SEC. 203. SEX OFFENDER APPREHENSION GRANTS. 

19 Title I of the Omnibus Crime Control and Safe 

20 Streets Act of 1968 is amended by adding at the end the 

21 following new part: 
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1 ‘‘PART JJ—SEX OFFENDER APPREHENSION 

2 GRANTS 

3 ‘‘SEC. 3011. AUTHORITY TO MAKE SEX OFFENDER APPRE4 HENSION GRANTS. 

5 ‘‘(a) IN GENERAL.—From amounts made available to 

6 carry out this part, the Attorney General may make grants 

7 to States, units of local government, Indian tribal govern8 ments, other public and private entities, and multi-juris9 dictional or regional consortia thereof for activities speci10 fied in subsection (b). 

11 ‘‘(b) COVERED ACTIVITIES.—An activity referred to 

12 in subsection (a) is any program, project, or other activity 

13 to assist a State in enforcing sex offender registration re14 quirements. 

15 ‘‘SEC. 3012. AUTHORIZATION OF APPROPRIATIONS. 

16 ‘‘There are authorized to be appropriated such sums 

17 as may be necessary for fiscal years 2006 through 2008 

18 to carry out this part.’’. 

19 SEC. 204. USE OF ANY CONTROLLED SUBSTANCE TO FA20 CILITATE SEX OFFENSE. 

21 (a) INCREASED PUNISHMENT.—Chapter 109A of 

22 title 18, United States Code, is amended by adding at the 

23 end the following: 
27 

•HR 3133 IH 

1 ‘‘§ 2249. Use of any controlled substance to facilitate 

2 sex offense 

3 ‘‘(a) Whoever, knowingly uses a controlled substance 

4 to substantially impair the ability of a person to appraise 

5 or control conduct, in order to commit a sex offense, other 

6 than an offense where such use is an element of the of7 fense, shall, in addition to the punishment provided for 

8 the sex offense, be imprisoned for any term of years not 

9 less than 10, or for life. 

10 ‘‘(b) As used in this section, the term ‘sex offense’ 

11 means an offense under this chapter other than an offense 

12 under this section.’’. 

13 (b) AMENDMENT TO TABLE.—The table of sections 

14 at the beginning of chapter 109A of title 18, United States 

15 Code, is amended by adding at the end the following new 

16 item: 

‘‘2249. Use of any controlled substance to facilitate sex offense.’’. 

17 SEC. 205. REPEAL OF PREDECESSOR SEX OFFENDER PRO18 GRAM. 

19 Sections 170101 (42 U.S.C. 14071) and 170102 (42 

20 U.S.C. 14072) of the Violent Crime Control and Law En21 forcement Act of 1994, and section 8 of the Pam Lychner 

22 Sexual Offender Tracking and Identification Act of 1996 

23 (42 U.S.C. 14073), are repealed. 

Æ