I 

109TH CONGRESS 

2D SESSION H. R. 4905 

To provide for the registration of sex offenders and for appropriate 

notification of their whereabouts, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2006 

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 order to protect the public from sex offenders and 

8 offenders against children, and in response to the vicious 

9 attacks by violent sexual predators against the victims listVerDate Aug 31 2005 23:44 Mar 09, 2006 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4905.IH H4905

hmoore on PROD1PC68 with HMBILLS
2 

•HR 4905 IH 

1 ed below, Congress in this Act establishes a comprehensive 

2 national system for the registration of those offenders: 

3 (1) Jacob Wetterling, who was 11 years old, 

4 was abducted in 1989 in Minnesota, and remains 

5 missing. 

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

7 was abducted, sexually assaulted and murdered in 

8 1994, in New Jersey. 

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

10 attacked by a career offender in Houston, Texas. 

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

12 kidnapped, sexually assaulted, and murdered in 

13 2005 in Cedar Rapids, Iowa. 

14 (5) Dru Sjodin, who was 22 years old, was sex15 ually assaulted and murdered in 2003, in North Da16 kota. 

17 (6) Jessica Lunsford, who was 9 years, was ab18 ducted, sexually assaulted, buried alive, and mur19 dered in 2005, in Homosassa, Florida. 

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

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

22 (8) Amie Zyla, who was 8 years old, was sexu23 ally assaulted in 1996 by a juvenile offender in 

24 Waukesha, Wisconsin, and has become an advocate 


hmoore on PROD1PC68 with HMBILLS
3 

•HR 4905 IH 

1 for child victims and protection of children from ju2 venile sex offenders. 

3 (9) Christy Ann Fornoff, who was 13 years old, 

4 was abducted, sexually assaulted and murdered in 

5 1984, in Tempe, Arizona. 

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

7 old, was brutally attacked and murdered in a public 

8 restroom by a repeat sex offender in 2002, in 

9 Bridgewater, Massachusetts. 

10 (11) Polly Klaas, who was 12 years old, was ab11 ducted, sexually assaulted and murdered in 1993 by 

12 a career offender in California. 

13 (12) Jimmy Ryce, who was 9 years old, was 

14 kidnapped and murdered in Florida on September 

15 11, 1995. 

16 (13) Carlie Brucia, who was 11 years old, was 

17 abducted and murdered in Florida in February, 

18 2004. 


hmoore on PROD1PC68 with HMBILLS
4 

•HR 4905 IH 

1 TITLE I—JACOB WETTERLING 

2 SEX OFFENDER REGISTRA3 TION AND NOTIFICATION 

4 PROGRAM 

5 SEC. 101. RELEVANT DEFINITIONS, INCLUDING AMIE ZYLA 

6 EXPANSION OF SEX OFFENDER DEFINITION 

7 AND EXPANDED INCLUSION OF CHILD PRED8 ATORS. 

9 In this Act the following definitions apply: 

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

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

12 and a notification program, maintained by a juris13 diction. 

14 (2) JURISDICTION.—The term jurisdiction 

15 means any of the following: 

16 (A) A State. 

17 (B) The District of Columbia. 

18 (C) The Commonwealth of Puerto Rico. 

19 (D) Guam. 

20 (E) American Samoa. 

21 (F) The Northern Mariana Islands. 

22 (G) The United States Virgin Islands. 

23 (H) To the extent provided and subject to 

24 the requirements of section 127, a federally rec25 ognized Indian tribe. 


hmoore on PROD1PC68 with HMBILLS
5 

•HR 4905 IH 

1 (3) SEX OFFENDER.—The term ‘‘sex offender’’ 

2 means an individual who, either before or after the 

3 enactment of this Act, was convicted of, or adju4 dicated as a juvenile delinquent for, a sex offense. 

5 (4) EXPANSION OF DEFINITION OF OFFENSE

6 TO INCLUDE ALL CHILD PREDATORS.—The term 

7 ‘‘specified offense against a minor’’ means an of8 fense against a minor that involves any of the fol9 lowing: 

10 (A) An offense (unless committed by a 

11 parent) involving kidnapping. 

12 (B) An offense (unless committed by a 

13 parent) involving false imprisonment. 

14 (C) Solicitation to engage in sexual con15 duct. 

16 (D) Use in a sexual performance. 

17 (E) Solicitation to practice prostitution. 

18 (F) Possession, production, or distribution 

19 of child pornography. 

20 (G) Criminal sexual conduct involving a 

21 minor, or the use of the Internet to facilitate or 

22 attempt such conduct. 

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

24 sex offense against a minor. 


hmoore on PROD1PC68 with HMBILLS
6 

•HR 4905 IH 

1 (I) Video voyeurism, as described in sec2 tion 1801 of title 18, United States Code. 

3 (J) Any attempt or conspiracy to commit 

4 an offense described in this paragraph. 

5 (5) TIER I SEX OFFENDER.—The term ‘‘tier I 

6 sex offender’’ means a sex offender whose offense is 

7 punishable by imprisonment for one year or less. 

8 (6) TIER II SEX OFFENDER.—The term ‘‘tier II 

9 sex offender’’ means a sex offender who is not a Tier 

10 III sex offender whose offense— 

11 (A) is punishable by imprisonment for 

12 more than one year; or 

13 (B) occurs after the offender becomes a 

14 tier I sex offender. 

15 (7) TIER III SEX OFFENDER.—The term ‘‘tier 

16 III sex offender’’ means a sex offender whose offense 

17 is punishable by imprisonment for more than one 

18 year and— 

19 (A) involves a crime of violence as defined 

20 in section 16 of title 18, United States Code, 

21 against the person of another, except a crime of 

22 violence consisting of an abusive sexual contact, 

23 as defined in section 2246; 

24 (B) is an offense where the victim had not 

25 attained the age of 13 years; or 


hmoore on PROD1PC68 with HMBILLS
7 

•HR 4905 IH 

1 (C) occurs after the offender becomes a 

2 tier II sex offender. 

3 (8) AMY ZYLA EXPANSION OF SEX OFFENSE

4 DEFINITION.—The term ‘‘sex offense’’ means— 

5 (A) a State, local, tribal, foreign, or other 

6 criminal offense that has an element involving 

7 a sexual act or sexual contact with another or 

8 an attempt or conspiracy to commit such an of9 fense, but does not include an offense involving 

10 consensual sexual conduct where the victim was 

11 an adult or was at least 13 years old and the 

12 offender was not more than 4 years older than 

13 the victim; 

14 (B) a State, local, tribal, foreign, or other 

15 specified offense against a minor; 

16 (C) a Federal offense (including an offense 

17 prosecuted under section 1152 or 1153 of title 

18 18, United States Code) under section 1201, 

19 1591, or 1801, or chapter 109A, 110, or 117, 

20 of title 18, United States Code, or any other 

21 Federal offense designated by the Attorney 

22 General for the purposes of this paragraph; or 

23 (D) a military offense specified by the Sec24 retary of Defense under section 115(a)(8)(C)(i) 

25 of Public Law 105–119 (10 U.S.C. 951 note). 


hmoore on PROD1PC68 with HMBILLS
8 

•HR 4905 IH 

1 (9) STUDENT.—The term ‘‘student’’ means an 

2 individual who enrolls or attends an educational in3 stitution, including (whether public or private) a sec4 ondary school, trade or professional school, and in5 stitution of higher education. 

6 (10) EMPLOYEE.—The term ‘‘employee’’ in7 cludes an individual who is self-employed or works 

8 for any other entity, whether compensated or not. 

9 (11) RESIDES.—The term ‘‘resides’’ means, 

10 with respect to an individual, the location of the in11 dividual’s home or other place where the individual 

12 lives. 

13 (12) MINOR.—The term ‘‘minor’’ means an in14 dividual who has not attained the age of 18 years. 

15 (13) CONVICTED.—The term ‘‘convicted’’ or a 

16 variant thereof, used with respect to a sex offense, 

17 includes adjudicated deliquent as a juvenile for that 

18 offense. 

19 SEC. 102. REGISTRY REQUIREMENTS FOR JURISDICTIONS. 

20 Each jurisdiction shall maintain a jurisdiction-wide 

21 sex offender registry conforming to the requirements of 

22 this Act. The Attorney General shall issue guidelines and 

23 regulations to interpret and implement this Act. 


hmoore on PROD1PC68 with HMBILLS
9 

•HR 4905 IH 

1 SEC. 103. REGISTRY REQUIREMENTS FOR SEX OFFENDERS. 

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

3 keep the registration current, in each jurisdiction where 

4 the offender was convicted, where the offender resides, 

5 where the offender is an employee, and where the offender 

6 is a student. 

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

8 initially register— 

9 (1) before completing a sentence of imprison10 ment with respect to the offense giving rise to the 

11 registration requirement; or 

12 (2) not later than 5 days after being sentenced 

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

14 to a term of imprisonment. 

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

16 offender must inform each jurisdiction involved, not later 

17 than 3 days after each change of residence, employment, 

18 or student status. 

19 (d) INITIAL REGISTRATION OF SEX OFFENDERS UN20 ABLE TO COMPLY WITH SUBSECTION (b).—The Attorney 

21 General shall prescribe rules for the registration of sex of22 fenders convicted before the enactment of this Act or its 

23 implementation in a particular jurisdiction, and for other 

24 categories of sex offenders who are unable to comply with 

25 subsection (b). 


hmoore on PROD1PC68 with HMBILLS
10 

•HR 4905 IH 

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

2 Each jurisdiction, other than a Federally recognized In3 dian tribe, shall provide a criminal penalty, that includes 

4 a maximum term of imprisonment that is greater than one 

5 year, and a minimum term of imprisonment that is no less 

6 than 90 days, for the failure of a sex offender to comply 

7 with the requirements of this Act. 

8 SEC. 104. INFORMATION REQUIRED IN REGISTRATION. 

9 (a) PROVIDED BY THE OFFENDER.—The sex of10 fender must provide the following information to the ap11 propriate official for inclusion in the sex offender registry: 

12 (1) The name and physical description of the 

13 sex offender (including any alias used by the indi14 vidual). 

15 (2) The Social Security number of the sex of16 fender. 

17 (3) The address of the residence at which the 

18 sex offender resides or will reside. 

19 (4) The name and address of the place where 

20 the sex offender is employed or will be employed. 

21 (5) The name and address of the place where 

22 the sex offender is a student or will be a student. 

23 (6) The license plate number and description of 

24 any vehicle owned or operated by the sex offender. 

25 (7) A photograph of the sex offender. 


hmoore on PROD1PC68 with HMBILLS
11 

•HR 4905 IH 

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

2 sex offender, if the appropriate official determines 

3 that the jurisdiction does not already have available 

4 an accurate set. 

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

6 appropriate official determines that the jurisdiction 

7 does not already have available an appropriate DNA 

8 sample. 

9 (10) A photocopy of a valid driver’s license or 

10 identification card issued to the sex offender by a ju11 risdiction. 

12 (11) Any other information required by the At13 torney General. 

14 (b) PROVIDED BY THE JURISDICTION.—The jurisdic15 tion in which the sex offender registers shall include the 

16 following information in the registry for that sex offender: 

17 (1) A statement of the facts of the offense giv18 ing rise to the requirement to register under this 

19 Act, including the date of the offense, and whether 

20 or not the sex offender was prosecuted as a juvenile 

21 at the time of the offense. 

22 (2) The criminal history of the sex offender. 

23 (3) Any other information required by the At24 torney General. 


hmoore on PROD1PC68 with HMBILLS
12 

•HR 4905 IH 

1 SEC. 105. DURATION OF REGISTRATION REQUIREMENT. 

2 A sex offender shall keep the registration current for 

3 a period (excluding any time the sex offender is in custody 

4 or civilly committed) of— 

5 (1) 20 years, if the offender is a tier I sex of6 fender; 

7 (2) 30 years, if the offender is a tier II sex of8 fender; and 

9 (3) the life of the offender, if the offender is a 

10 tier III sex offender. 

11 SEC. 106. IN PERSON VERIFICATION. 

12 A sex offender shall appear in person, provide a cur13 rent photograph, and verify the information in each reg14 istry in which that offender is required to be registered 

15 not less frequently than— 

16 (1) every six months, if the offender is a tier I 

17 sex offender; 

18 (2) every 3 months, if the offender is a tier II 

19 sex offender; and 

20 (3) every month, if the offender is a tier III sex 

21 offender. 

22 SEC. 107. DUTY TO NOTIFY SEX OFFENDERS OF REGISTRA23 TION REQUIREMENTS AND TO REGISTER. 

24 An appropriate official shall, shortly before release 

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

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


hmoore on PROD1PC68 with HMBILLS
13 

•HR 4905 IH 

1 sex offender, for the offense giving rise to the duty to reg2 ister— 

3 (1) inform the sex offender of the duty to reg4 ister and explain that duty; 

5 (2) require the sex offender to read and sign a 

6 form stating that the duty to register has been ex7 plained and that the sex offender understands the 

8 registration requirement; and 

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

10 SEC. 108. JESSICA LUNSFORD ADDRESS VERIFICATION 

11 PROGRAM. 

12 (a) ESTABLISHMENT.—There is established the Jes13 sica Lunsford Address Verification Program (hereinafter 

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

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

16 official shall verify the residence of each registered sex of17 fender not less than— 

18 (1) semi-annually, if the offender is a tier I sex 

19 offender; 

20 (2) quarterly, if the offender is a tier II sex of21 fender; and 

22 (3) monthly, if the offender is a tier III sex of23 fender. 

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

25 verification may be achieved by mailing a nonforwardable 


hmoore on PROD1PC68 with HMBILLS
14 

•HR 4905 IH 

1 verification form to the last known address of the sex of2 fender. The sex offender must return the form, including 

3 a notarized signature or a fingerprint verification, within 

4 a set period of time. A failure to return the form as re5 quired may be a failure to register for the purposes of 

6 this Act. 

7 SEC. 109. NATIONAL SEX OFFENDER REGISTRY. 

8 (a) INTERNET.—The Attorney General shall main9 tain a national database at the Federal Bureau of Inves10 tigation for each sex offender and other person required 

11 to register in a jurisdiction’s sex offender registry. The 

12 database shall be known as the National Sex Offender 

13 Registry. 

14 (b) ELECTRONIC FORWARDING.—The Attorney Gen15 eral shall ensure (through the National Sex Offender Reg16 istry or otherwise) that updated information about a sex 

17 offender is immediately transmitted by electronic for18 warding to all relevant jurisdictions. 

19 SEC. 110. DRU SJODIN NATIONAL SEX OFFENDER PUBLIC 

20 WEBSITE. 

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

22 Sjodin National Sex Offender Public Website (hereinafter 

23 referred to as the ‘‘Website’’). 

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

25 General shall maintain the Website as a site on the InterVerDate Aug 31 2005 23:44 Mar 09, 2006 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H4905.IH H4905

hmoore on PROD1PC68 with HMBILLS
15 

•HR 4905 IH 

1 net which allows the public to obtain relevant information 

2 for each sex offender by a single query in a form estab3 lished by the Attorney General. 

4 SEC. 111. PUBLIC ACCESS TO SEX OFFENDER INFORMA5 TION THROUGH THE INTERNET. 

6 (a) IN GENERAL.—Except as provided in subsection 

7 (b), each jurisdiction shall make available on the Internet 

8 all information about each sex offender in the registry, ex9 cept for the offender’s Social Security number, the identity 

10 of any victim, and any other information exempted from 

11 disclosure by the Attorney General. The jurisdiction shall 

12 provide this information in a manner that is readily acces13 sible to the public. 

14 (b) EXCEPTION.—To the extent authorized by the At15 torney General, a jurisdiction need not make available on 

16 the Internet information about a tier I sex offender whose 

17 offense is a juvenile adjudication. 

18 SEC. 112. MEGAN NICOLE KANKA AND ALEXANDRA NICOLE 

19 ZAPP COMMUNITY NOTIFICATION PROGRAM. 

20 (a) ESTABLISHMENT OF PROGRAM.—There is estab21 lished the Megan Nicole Kanka and Alexandra Nicole 

22 Zapp Community Program (hereinafter in this section re23 ferred to as the ‘‘Program’’). 

24 (b) PROGRAM NOTIFICATION.—Except as provided in 

25 subsection (c), not later than 5 days after a sex offender 


hmoore on PROD1PC68 with HMBILLS
16 

•HR 4905 IH 

1 registers or updates a registration, an appropriate official 

2 in the jurisdiction shall provide the information in the reg3 istry (other than information exempted from disclosure by 

4 the Attorney General) about that offender to the following: 

5 (1) The Attorney General, who shall include 

6 that information in the National Sex Offender Reg7 istry or other appropriate data bases. 

8 (2) Appropriate law enforcement agencies (in9 cluding probation agencies, if appropriate), and each 

10 school and public housing agency, in each area in 

11 which the individual resides, is employed, or is a stu12 dent. 

13 (3) Each jurisdiction where the sex offender re14 sides, works, or attends school, and each jurisdiction 

15 from or to which a change of residence, work, or 

16 student status occurs. 

17 (4) Any agency responsible for conducting em18 ployment-related background checks under section 3 

19 of the National Child Protection Act of 1993 (42 

20 U.S.C. 5119a). 

21 (5) Social service entities responsible for pro22 tecting minors in the child welfare system. 

23 (6) Volunteer organizations in which contact 

24 with minors or other vulnerable individuals might 

25 occur. 


hmoore on PROD1PC68 with HMBILLS
17 

•HR 4905 IH 

1 (7) The community at large. 

2 (c) EXCEPTION.—In the case of a tier I sex offender 

3 whose offense is a juvenile adjudication, the Attorney Gen4 eral may authorize limitation of the entities to which the 

5 Program notification is given when the Attorney General 

6 determines it is consistent with public safety to do so. 

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

8 FAILS TO COMPLY. 

9 An appropriate official shall notify the Attorney Gen10 eral and appropriate State, local, and tribal law enforce11 ment agencies of any failure by a sex offender to comply 

12 with the requirements of a registry. The appropriate offi13 cial, the Attorney General, and each such law enforcement 

14 agency shall take any appropriate action to ensure compli15 ance. 

16 SEC. 114. IMMUNITY FOR GOOD FAITH CONDUCT. 

17 The Federal Government, jurisdictions, political sub18 divisions of jurisdictions, and their agencies, officers, em19 ployees, and agents shall be immune from liability for good 

20 faith conduct under this Act. 

21 SEC. 115. DEVELOPMENT AND AVAILABILITY OF REGISTRY 

22 MANAGEMENT SOFTWARE. 

23 The Attorney General shall develop and support soft24 ware for use to establish, maintain, publish, and share sex 

25 offender registries. 


hmoore on PROD1PC68 with HMBILLS
18 

•HR 4905 IH 

1 SEC. 116. FEDERAL DUTY WHEN STATE PROGRAMS NOT 

2 MINIMALLY SUFFICIENT. 

3 If the Attorney General determines that a jurisdiction 

4 does not have a minimally sufficient sex offender registra5 tion program, the Department of Justice shall, to the ex6 tent practicable, carry out the duties imposed on that ju7 risdiction by this Act. 

8 SEC. 117. PERIOD FOR IMPLEMENTATION BY JURISDIC9 TIONS. 

10 Each jurisdiction shall implement this Act not later 

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

12 However, the Attorney General may authorize up to two 

13 one-year extensions of the deadline. 

14 SEC. 118. FAILURE TO COMPLY. 

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

16 of the period for implementation, a jurisdiction that fails, 

17 as determined by the Attorney General, substantially to 

18 implement this Act shall not receive 10 percent of the 

19 funds that would otherwise be allocated for that fiscal year 

20 to the jurisdiction under subpart 1 of part E of title I 

21 of the Omnibus Crime Control and Safe Streets Act of 

22 1968 (42 U.S.C. 3570 et seq.). 

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

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

25 failure to fully implement this Act shall be reallocated 

26 under that program to jurisdictions that have not failed 


hmoore on PROD1PC68 with HMBILLS
19 

•HR 4905 IH 

1 to implement this Act or may be reallocated to a jurisdic2 tion from which they were withheld to be used solely for 

3 the purpose of implementing this Act. 

4 (c) RULE OF CONSTRUCTION.—The provisions of this 

5 Act that are cast as directions to jurisdictions or their offi6 cials constitute, in relation to States, only conditions re7 quired to avoid the reduction of Federal funding under 

8 this section. 

9 SEC. 119. SEX OFFENDER MANAGEMENT ASSISTANCE 

10 (SOMA) PROGRAM. 

11 (a) IN GENERAL.—The Attorney General shall estab12 lish and implement a Sex Offender Management Assist13 ance program (in this Act referred to as the ‘‘SOMA pro14 gram’’) under which the Attorney General may award a 

15 grant to a jurisdiction to offset the costs of implementing 

16 this Act. 

17 (b) APPLICATION.—The chief executive of a jurisdic18 tion shall, on an annual basis, submit to the Attorney Gen19 eral an application in such form and containing such infor20 mation as the Attorney General may require. 

21 (c) BONUS PAYMENTS FOR PROMPT COMPLIANCE.— 

22 A jurisdiction that, as determined by the Attorney Gen23 eral, has substantially implemented this Act not later than 

24 two years after the date of the enactment of this Act is 

25 eligible for a bonus payment. The Attorney General may 


hmoore on PROD1PC68 with HMBILLS
20 

•HR 4905 IH 

1 make such a payment under the SOMA program for the 

2 first fiscal year beginning after that determination. The 

3 amount of the payment shall be— 

4 (1) 10 percent of the total received by the juris5 diction under the SOMA program for the preceding 

6 fiscal year, if that implementation is not later than 

7 one year after the date of enactment of this Act; and 

8 (2) 5 percent of such total, if not later than two 

9 years after that date. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi11 tion to any amounts otherwise authorized to be appro12 priated, there are authorized to be appropriated such sums 

13 as may be necessary to the Attorney General, to be avail14 able only for the SOMA program, for fiscal years 2006 

15 through 2008. 

16 SEC. 120. DEMONSTRATION PROJECT FOR USE OF ELEC17 TRONIC MONITORING DEVICES. 

18 (a) PROJECT REQUIRED.—The Attorney General 

19 shall carry out a demonstration project under which the 

20 Attorney General makes grants to jurisdictions to dem21 onstrate the extent to which electronic monitoring devices 

22 can be used effectively in a sex offender management pro23 gram. 

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

25 amounts under this section directly, or through arrangeVerDate Aug 31 2005 23:44 Mar 09, 2006 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H4905.IH H4905

hmoore on PROD1PC68 with HMBILLS
21 

•HR 4905 IH 

1 ments with public or private entities, to carry out pro2 grams under which the whereabouts of sex offenders are 

3 monitored by electronic monitoring devices. 

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

5 may participate in the demonstration project at any one 

6 time. 

7 (d) FACTORS.—In selecting jurisdictions to partici8 pate in the demonstration project, the Attorney General 

9 shall consider the following factors: 

10 (1) The total number of sex offenders in the ju11 risdiction. 

12 (2) The percentage of those sex offenders who 

13 fail to comply with registration requirements. 

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

15 sex offenders who fail to comply with registration re16 quirements. 

17 (4) Any other factor the Attorney General con18 siders appropriate. 

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

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

21 and 2009. 

22 (f) INNOVATION.—In making grants under this sec23 tion, the Attorney General shall ensure that different ap24 proaches to monitoring are funded to allow an assessment 

25 of effectiveness. 


hmoore on PROD1PC68 with HMBILLS
22 

•HR 4905 IH 

1 (g) ONE-TIME REPORT AND RECOMMENDATIONS.— 

2 Not later than April 1, 2008, the Attorney General shall 

3 submit to Congress a report— 

4 (1) assessing the effectiveness and value of pro5 grams funded by this section; 

6 (2) comparing the cost-effectiveness of the elec7 tronic monitoring to reduce sex offenses compared to 

8 other alternatives; and 

9 (3) making recommendations for continuing 

10 funding and the appropriate levels for such funding. 

11 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to carry out this section 

13 such sums as may be necessary. 

14 SEC. 121. BONUS PAYMENTS TO STATES THAT IMPLEMENT 

15 ELECTRONIC MONITORING. 

16 (a) IN GENERAL.—A jurisdiction that, within 3 years 

17 after the date of the enactment of this Act, has in effect 

18 laws and policies described in subsection (b) shall be eligi19 ble for a bonus payment described in subsection (c), to 

20 be paid by the Attorney General from any amounts avail21 able to the Attorney General for such purpose. 

22 (b) ELECTRONIC MONITORING LAWS AND POLI23 CIES.— 

24 (1) IN GENERAL.—Laws and policies referred 

25 to in subsection (a) are laws and policies that ensure 


hmoore on PROD1PC68 with HMBILLS
23 

•HR 4905 IH 

1 that electronic monitoring is required of a person if 

2 that person is released after being convicted of a sex 

3 offense in which an individual who has not attained 

4 the age of 18 years is the victim. 

5 (2) MONITORING REQUIRED.—The monitoring 

6 required under paragraph (1) is a system that ac7 tively monitors and identifies the person’s location 

8 and timely reports or records the person’s presence 

9 near or within a crime scene or in a prohibited area 

10 or the person’s departure from specified geographic 

11 limitations. 

12 (3) DURATION.—The electronic monitoring re13 quired by paragraph (1) shall be required of the per14 son— 

15 (A) for the life of the person, if— 

16 (i) an individual who has not attained 

17 the age of 12 years is the victim; or 

18 (ii) the person has a prior sex convic19 tion (as defined in section 3559(e) of title 

20 18, United States Code); and 

21 (B) for the period during which the person 

22 is on probation, parole, or supervised release for 

23 the offense, in any other case. 

24 (4) JURISDICTION REQUIRED TO MONITOR ALL

25 SEX OFFENDERS RESIDING IN JURISDICTION.—In 


hmoore on PROD1PC68 with HMBILLS
24 

•HR 4905 IH 

1 addition, laws and policies referred to in subsection 

2 (a) also include laws and policies that ensure that 

3 the jurisdiction frequently monitors each person re4 siding in the jurisdiction for whom electronic moni5 toring is required, whether such monitoring is re6 quired under this section or under section 

7 3563(a)(9) of title 18, United States Code. 

8 (c) BONUS PAYMENTS.—The bonus payment referred 

9 to in subsection (a) is a payment equal to 10 percent of 

10 the funds that would otherwise be allocated for that fiscal 

11 year to the jurisdiction under subpart 1 of part E of title 

12 I of the Omnibus Crime Control and Safe Streets Act of 

13 1968 (42 U.S.C. 3570 et seq.). 

14 SEC. 122. ACCESS TO NATIONAL CRIME INFORMATION 

15 DATABASES. 

16 (a) IN GENERAL.—Notwithstanding any other provi17 sion of law, the Attorney General shall ensure access to 

18 the national crime information databases (as defined in 

19 section 534 of title 28, United States Code) by— 

20 (1) the National Center for Missing and Ex21 ploited Children, to be used only within the scope of 

22 the Center’s duties and responsibilities under Fed23 eral law to assist or support law enforcement agen24 cies in administration of criminal justice functions; 

25 and 


hmoore on PROD1PC68 with HMBILLS
25 

•HR 4905 IH 

1 (2) governmental social service agencies with 

2 child protection responsibilities, to be used by such 

3 agencies only in investigating or responding to re4 ports of child abuse, neglect, or exploitation. 

5 (b) CONDITIONS OF ACCESS.—The access provided 

6 under this section, and associated rules of dissemination, 

7 shall be— 

8 (1) defined by the Attorney General; and 

9 (2) limited to personnel of the Center or such 

10 agencies that have met all requirements set by the 

11 Attorney General, including training, certification, 

12 and background screening. 

13 SEC. 123. LIMITED IMMUNITY FOR NATIONAL CENTER FOR 

14 MISSING AND EXPLOITED CHILDREN WITH 

15 RESPECT TO CYBERTIPLINE. 

16 Section 227 of the Victims of Child Abuse Act of 

17 1990 (42 U.S.C. 13032) is amended by adding at the end 

18 the following new subsection: 

19 ‘‘(g) LIMITATION ON LIABILITY.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graphs (2) and (3), the National Center for Missing 

22 and Exploited Children, including any of its direc23 tors, officers, employees, or agents, is not liable in 

24 any civil or criminal action arising from the performVerDate Aug 31 2005 23:44 Mar 09, 2006 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H4905.IH H4905

hmoore on PROD1PC68 with HMBILLS
26 

•HR 4905 IH 

1 ance of its CyberTipline responsibilities and func2 tions as defined by this section. 

3 ‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS4 CONDUCT.—Paragraph (1) does not apply in an ac5 tion in which a party proves that the National Cen6 ter for Missing and Exploited Children, or its offi7 cer, employee, or agent as the case may be, engaged 

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

9 with actual malice, with reckless disregard to a sub10 stantial risk of causing injury without legal justifica11 tion, or for a purpose unrelated to the performance 

12 of responsibilities or functions under this section. 

13 ‘‘(3) ORDINARY BUSINESS ACTIVITIES.—Para14 graph (1) does not apply to an act or omission re15 lated to an ordinary business activity, such as an ac16 tivity involving general administration or operations, 

17 the use of motor vehicles, or personnel manage18 ment.’’. 

19 SEC. 124. TREATMENT AND MANAGEMENT OF SEX OFFEND20 ERS IN THE BUREAU OF PRISONS. 

21 Section 3621 of title 18, United States Code, is 

22 amended by adding at the end the following new sub23 section: 

24 ‘‘(f) SEX OFFENDER MANAGEMENT.— 


hmoore on PROD1PC68 with HMBILLS
27 

•HR 4905 IH 

1 ‘‘(1) IN GENERAL.—The Bureau of Prisons 

2 shall make available appropriate treatment to sex of3 fenders who are in need of and suitable for treat4 ment, as follows: 

5 ‘‘(A) SEX OFFENDER MANAGEMENT PRO6 GRAMS.—The Bureau of Prisons shall establish 

7 non-residential sex offender management pro8 grams to provide appropriate treatment, moni9 toring, and supervision of sex offenders and to 

10 provide aftercare during pre-release custody. 

11 ‘‘(B) RESIDENTIAL SEX OFFENDER

12 TREATMENT PROGRAMS.—The Bureau of Pris13 ons shall establish residential sex offender 

14 treatment programs to provide treatment to sex 

15 offenders who volunteer for such programs and 

16 are deemed by the Bureau of Prisons to be in 

17 need of and suitable for residential treatment. 

18 ‘‘(2) REGIONS.—At least one sex offender man19 agement program under paragraph (1)(A), and at 

20 least one residential sex offender treatment program 

21 under paragraph (1)(B), shall be established in each 

22 region within the Bureau of Prisons. 

23 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated to the BuVerDate Aug 31 2005 23:44 Mar 09, 2006 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H4905.IH H4905

hmoore on PROD1PC68 with HMBILLS
28 

•HR 4905 IH 

1 reau of Prisons for each fiscal year such sums as 

2 may be necessary to carry out this subsection.’’. 

3 SEC. 125. GAO STUDIES ON FEASIBILITY OF USING DRIV4 ER’S LICENSE REGISTRATION PROCESSES AS 

5 ADDITIONAL REGISTRATION REQUIREMENTS 

6 FOR SEX OFFENDERS. 

7 For the purposes of determining the feasibility of 

8 using driver’s license registration processes as additional 

9 registration requirements for sex offenders to improve the 

10 level of compliance with sex offender registration require11 ments for change of address upon relocation and other re12 lated updates of personal information, the Congress re13 quires the following studies: 

14 (1) Not later than 180 days after the date of 

15 the enactment of this Act, the Government Account16 ability Office shall complete a study for the Com17 mittee on the Judiciary of the House of Representa18 tives to survey a majority of the States to assess the 

19 relative systems capabilities to comply with a Fed20 eral law that required all State driver’s license sys21 tems to automatically access State and national 

22 databases of registered sex offenders in a form simi23 lar to the requirement of the Nevada law described 

24 in paragraph (2). The Government Accountability 

25 Office shall use the information drawn from this 


hmoore on PROD1PC68 with HMBILLS
29 

•HR 4905 IH 

1 survey, along with other expert sources, to determine 

2 what the potential costs to the States would be if 

3 such a Federal law came into effect, and what level 

4 of Federal grants would be required to prevent an 

5 unfunded mandate. In addition, the Government Ac6 countability Office shall seek the views of Federal 

7 and State law enforcement agencies, including in 

8 particular the Federal Bureau of Investigation, with 

9 regard to the anticipated effects of such a national 

10 requirement, including potential for undesired side 

11 effects in terms of actual compliance with this Act 

12 and related laws. 

13 (2) Not later than October 2006, the Govern14 ment Accountability Office shall complete a study to 

15 evaluate the provisions of Chapter 507 of Statutes 

16 of Nevada 2005 to determine— 

17 (A) if those provisions are effective in in18 creasing the registration compliance rates of sex 

19 offenders; 

20 (B) the aggregate direct and indirect costs 

21 for the state of Nevada to bring those provi22 sions into effect; and 

23 (C) whether those provisions should be 

24 modified to improve compliance by registered 

25 sex offenders. 


hmoore on PROD1PC68 with HMBILLS
30 

•HR 4905 IH 

1 SEC. 126. ASSISTANCE IN IDENTIFICATION AND LOCATION 

2 OF SEX OFFENDERS RELOCATED AS A RE3 SULT OF A MAJOR DISASTER. 

4 The Attorney General shall provide technical assist5 ance to jurisdictions to assist them in the identification 

6 and location of a sex offender relocated as a result of a 

7 major disaster. 

8 SEC. 127. ELECTION BY INDIAN TRIBES. 

9 (a) ELECTION.— 

10 (1) IN GENERAL.—A federally recognized In11 dian tribe may, by resolution or other enactment of 

12 the tribal council or comparable governmental 

13 body— 

14 (A) elect to carry out this title as a juris15 diction subject to its provisions; or 

16 (B) elect to delegate its functions under 

17 this title to another jurisdiction or jurisdictions 

18 within which the territory of the tribe is located 

19 and to provide access to its territory and such 

20 other cooperation and assistance as may be 

21 needed to enable such other jurisdiction or ju22 risdictions to carry out and enforce the require23 ments of this title. 

24 (2) IMPUTED ELECTION IN CERTAIN CASES.—A 

25 tribe shall be treated as if it had made the election 

26 described in paragraph (1)(B) if— 


hmoore on PROD1PC68 with HMBILLS
31 

•HR 4905 IH 

1 (A) it is a tribe subject to the law enforce2 ment jurisdiction of a State under section 1162 

3 of title 18, United States Code; 

4 (B) the tribe does not make an election 

5 under paragraph (1) within 1 year of the enact6 ment of this Act or rescinds an election under 

7 paragraph (1)(A); or 

8 (C) the Attorney General determines that 

9 the tribe has not implemented the requirements 

10 of this title and is not likely to become capable 

11 of doing so within a reasonable amount of time. 

12 (b) COOPERATION BETWEEN TRIBAL AUTHORITIES

13 AND OTHER JURISDICTIONS.— 

14 (1) NONDUPLICATION.—A tribe subject to this 

15 title is not required to duplicate functions under this 

16 title which are fully carried out by another jurisdic17 tion or jurisdictions within which the territory of the 

18 tribe is located. 

19 (2) COOPERATIVE AGREEMENTS.—A tribe may, 

20 through cooperative agreements with such a jurisdic21 tion or jurisdictions— 

22 (A) arrange for the tribe to carry out any 

23 function of such a jurisdiction under this title 

24 with respect to sex offenders subject to the 

25 tribe’s jurisdiction; and 


hmoore on PROD1PC68 with HMBILLS
32 

•HR 4905 IH 

1 (B) arrange for such a jurisdiction to carry 

2 out any function of the tribe under this title 

3 with respect to sex offenders subject to the 

4 tribe’s jurisdiction. 

5 SEC. 128. REGISTRATION OF PRISONERS RELEASED FROM 

6 FOREIGN IMPRISONMENT. 

7 The Attorney General, in consultation with the Sec8 retary of State and the Secretary of Homeland Security, 

9 shall establish and maintain a system for informing the 

10 relevant jurisdictions about persons entering the United 

11 States who are required to register under this Act. 

12 SEC. 129. SEX OFFENDER RISK CLASSIFICATION STUDY. 

13 (a) STUDY.—The Attorney General shall conduct a 

14 study of risk-based sex offender classification systems, 

15 which shall include an analysis of— 

16 (1) various risk-based sex offender classification 

17 systems; 

18 (2) the methods and assessment tools available 

19 to assess the risks posed by sex offenders; 

20 (3) the efficiency and effectiveness of risk-based 

21 sex offender classification systems, in comparison to 

22 offense-based sex offender classification systems, 

23 in— 

24 (A) reducing threats to public safety posed 

25 by sex offenders; and 


hmoore on PROD1PC68 with HMBILLS
33 

•HR 4905 IH 

1 (B) assisting law enforcement agencies and 

2 the public in identifying the most dangerous sex 

3 offenders; 

4 (4) the resources necessary to implement, and 

5 the legal implications of implementing, risk-based 

6 sex offender classification systems for sex offender 

7 registries; and 

8 (5) any other information the Attorney General 

9 determines necessary to evaluate risk-based sex of10 fender classification systems. 

11 (b) REPORT.—Not later than 18 months after the 

12 date of enactment of this Act, the Attorney General shall 

13 report to the Congress the results of the study under this 

14 section. 

15 (c) STUDY CONDUCTED BY TASK FORCE.—The At16 torney General may establish a task force to conduct the 

17 study and prepare the report required under this section. 

18 Any task force established under this section shall be com19 posed of members, appointed by the Attorney General, 

20 who— 

21 (1) represent national, State, and local inter22 ests; and 

23 (2) are especially qualified to serve on the task 

24 force by virtue of their education, training, or expe25 rience, particularly in the fields of sex offender manVerDate Aug 31 2005 23:44 Mar 09, 2006 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H4905.IH H4905

hmoore on PROD1PC68 with HMBILLS
34 

•HR 4905 IH 

1 agement, community education, risk assessment of 

2 sex offenders, and sex offender victim issues. 

3 SEC. 130. STUDY OF THE EFFECTIVENESS OF RESTRICTING 

4 THE ACTIVITIES OF SEX OFFENDERS TO RE5 DUCE THE OCCURRENCE OF REPEAT OF6 FENSES. 

7 (a) STUDY.—The Attorney General shall conduct a 

8 study to evaluate the effectiveness of monitoring and re9 stricting the activities of sex offenders to reduce the occur10 rence of repeat offenses by such sex offenders. The study 

11 shall evaluate— 

12 (1) the effectiveness of methods of monitoring 

13 and restricting the activities of sex offenders, includ14 ing restrictions— 

15 (A) on the areas in which sex offenders 

16 can reside, work, and attend school; 

17 (B) limiting access by sex offenders to the 

18 Internet or to specific Internet sites; 

19 (C) preventing access by sex offenders to 

20 pornography and other obscene materials; and 

21 (D) imposed as part of supervised release 

22 or probation conditions; 

23 (2) the ability of law enforcement agencies and 

24 courts to enforce such restrictions; and 


hmoore on PROD1PC68 with HMBILLS
35 

•HR 4905 IH 

1 (3) the efficacy of any other restrictions that 

2 may reduce the occurrence of repeat offenses by sex 

3 offenders. 

4 (b) REPORT.—Not later than 6 months after the date 

5 of enactment of this Act, the Attorney General shall report 

6 to the Committee on the Judiciary of the House of Rep7 resentatives and the Committee on the Judiciary of the 

8 Senate the results of the study under this section. 

9 TITLE II—CRIMINAL LAW EN10 FORCEMENT OF REGISTRA11 TION REQUIREMENTS 

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

13 CODE, RELATING TO SEX OFFENDER REG14 ISTRATION. 

15 (a) CRIMINAL PENALTIES FOR NONREGISTRATION.— 

16 Part I of title 18, United States Code, is amended by in17 serting after chapter 109A the following: 

18 ‘‘CHAPTER 109B—SEX OFFENDER AND 

19 CRIMES AGAINST CHILDREN REGISTRY 

‘‘Sec. 

‘‘2250. Failure to register. 

20 ‘‘§ 2250. Failure to register 

21 ‘‘Whoever is required to register under the Sex Of22 fender Registration and Notification Act and— 


hmoore on PROD1PC68 with HMBILLS
36 

•HR 4905 IH 

1 ‘‘(1) is a sex offender as defined for the pur2 poses of that Act by reason of a conviction under 

3 Federal law; or 

4 ‘‘(2) travels in interstate or foreign commerce, 

5 or enters or leaves, or resides in, Indian country; 

6 and knowingly fails to register as required shall be fined 

7 under this title or imprisoned not more than 20 years, or 

8 both.’’. 

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

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

11 inserting after the item relating to chapter 109A the fol12 lowing new item: 

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

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

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

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

16 under chapter 109A, 109B, 110, or 117, or section 1591, 

17 then the term of imprisonment imposed under this section 

18 shall be not more than 10 years.’’. 

19 (d) PROBATION.—Paragraph (8) of section 3563(a) 

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

21 follows: 

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

23 Sex Offender Registration and Notification Act, that 

24 the person comply with the requirements of that 

25 Act; and’’. 


hmoore on PROD1PC68 with HMBILLS
37 

•HR 4905 IH 

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

2 United States Code, is amended— 

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

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

5 of supervised release for a person described in sec6 tion 4042(c)(4)’’, by striking ‘‘described in section 

7 4042(c)(4)’’ and all that follows through the end of 

8 the sentence and inserting ‘‘required to register 

9 under the Sex Offender Registration and Notifica10 tion Act that the person comply with the require11 ments of that Act.’’; and 

12 (2) in subsection (k)— 

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

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

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

16 ‘‘any term of years’’; and 

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

18 a defendant required to register under the Sex 

19 Offender Registration and Notification Act vio20 lates the requirements of that Act or commits 

21 any criminal offense for which imprisonment for 

22 a term longer than one year can be imposed, 

23 the court shall revoke the term of supervised re24 lease and require the defendant to serve a term 

25 of imprisonment under subsection (e)(3) withVerDate Aug 31 2005 23:44 Mar 09, 2006 Jkt 049200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H4905.IH H4905

hmoore on PROD1PC68 with HMBILLS
38 

•HR 4905 IH 

1 out regard to the exception contained therein. 

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

3 if the offense was an offense under chapter 

4 109A, 109B, 110, or 117, or section 1591, not 

5 less than 10 years.’’. 

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

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

8 amended to read as follows: 

9 ‘‘(3) The Director of the Bureau of Prisons shall in10 form a person who is released from prison and required 

11 to register under the Sex Offender Registration and Noti12 fication Act of the requirements of that Act as they apply 

13 to that person and the same information shall be provided 

14 to a person sentenced to probation by the probation officer 

15 responsible for supervision of that person.’’. 

16 (g) CONFORMING AMENDMENTS TO CROSS REF17 ERENCES.—Paragraphs (1) and (2) of section 4042(c) of 

18 title 18, United States Code, are each amended by striking 

19 ‘‘(4)’’ each place it appears and inserting ‘‘(3)’’. 

20 (h) CONFORMING REPEAL OF DEADWOOD.—Para21 graph (4) of section 4042(c) of title 18, United States 

22 Code, is repealed. 

23 (i) MILITARY OFFENSES.— 

24 (1) Section 115(a)(8)(C)(i) of Public Law 105– 

25 119 (111 Stat. 2466) is amended by striking ‘‘which 


hmoore on PROD1PC68 with HMBILLS
39 

•HR 4905 IH 

1 encompass’’ and all that follows through ‘‘and (B))’’ 

2 and inserting ‘‘which are sex offenses as that term 

3 is defined in the Sex Offender Registration and No4 tification Act’’. 

5 (2) Section 115(a)(8)(C)(iii) of Public Law 

6 105–119 (111 Stat. 2466; 10 U.S.C. 951 note) is 

7 amended by striking ‘‘the amendments made under 

8 subparagraphs (A) and (B)’’ and inserting ‘‘the Sex 

9 Offender Registration and Notification Act’’. 

10 (j) CONFORMING AMENDMENT RELATING TO PA11 ROLE.—Section 4209(a) of title 18, United States Code, 

12 is amended in the second sentence by striking ‘‘described’’ 

13 and all that follows through the end of the sentence and 

14 inserting ‘‘required to register under the Sex Offender 

15 Registration and Notification Act that the person comply 

16 with the requirements of that Act.’’. 

17 SEC. 202. FEDERAL INVESTIGATION OF SEX OFFENDER VIO18 LATIONS OF REGISTRATION REQUIREMENTS. 

19 (a) IN GENERAL.—The Attorney General shall assist 

20 jurisdictions in locating and apprehending sex offenders 

21 who violate sex offender registration requirements. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated such sums as may be 

24 necessary for fiscal years 2006 through 2008 to implement 

25 this section. 


hmoore on PROD1PC68 with HMBILLS
40 

•HR 4905 IH 

1 SEC. 203. SEX OFFENDER APPREHENSION GRANTS. 

2 Title I of the Omnibus Crime Control and Safe 

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

4 following new part: 

5 ‘‘PART JJ—SEX OFFENDER APPREHENSION 

6 GRANTS 

7 ‘‘SEC. 3011. AUTHORITY TO MAKE SEX OFFENDER APPRE8 HENSION GRANTS. 

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

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

11 to States, units of local government, Indian tribal govern12 ments, other public and private entities, and multi-juris13 dictional or regional consortia thereof for activities speci14 fied in subsection (b). 

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

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

17 to assist a State in enforcing sex offender registration re18 quirements. 

19 ‘‘SEC. 3012. AUTHORIZATION OF APPROPRIATIONS. 

20 ‘‘There are authorized to be appropriated such sums 

21 as may be necessary for fiscal years 2006 through 2008 

22 to carry out this part.’’. 


hmoore on PROD1PC68 with HMBILLS
41 

•HR 4905 IH 

1 SEC. 204. USE OF ANY CONTROLLED SUBSTANCE TO FA2 CILITATE SEX OFFENSE, AND PROHIBITION 

3 ON INTERNET SALES OF DATE RAPE DRUGS. 

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

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

6 end the following: 

7 ‘‘§ 2249. Use of any controlled substance to facilitate 

8 sex offense 

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

10 to substantially impair the ability of a person to appraise 

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

12 than an offense where such use is an element of the of13 fense, shall, in addition to the punishment provided for 

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

15 more than 10 years. 

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

17 means an offense under this chapter other than an offense 

18 under this section. 

19 ‘‘§ 2250. Internet sales of date rape drugs 

20 ‘‘(a) Whoever knowingly uses the Internet to dis21 tribute (as that term is defined for the purposes of the 

22 Controlled Substances Act) a date rape drug to any person 

23 shall be fined under this title or imprisoned not more than 

24 20 years, or both. 

25 ‘‘(b) As used in this section, the term ‘date rape drug’ 

26 means gamma hydroxybutyric acid, ketamine, or 


hmoore on PROD1PC68 with HMBILLS
42 

•HR 4905 IH 

1 flunitrazepam, or any analogue of such a substance, in2 cluding gamma butyrolactone or 1,4-butanediol.’’. 

3 (b) AMENDMENT TO TABLE OF SECTIONS.—The 

4 table of sections at the beginning of chapter 109A of title 

5 18, United States Code, is amended by adding at the end 

6 the following new item: 

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

‘‘2250. Internet sales of date rape drugs.’’. 

7 SEC. 205. REPEAL OF PREDECESSOR SEX OFFENDER PRO8 GRAM. 

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

10 U.S.C. 14072) of the Violent Crime Control and Law En11 forcement Act of 1994, and section 8 of the Pam Lychner 

12 Sexual Offender Tracking and Identification Act of 1996 

13 (42 U.S.C. 14073), are repealed. 

14 SEC. 206. ASSISTANCE FOR PROSECUTION OF CASES 

15 CLEARED THROUGH USE OF DNA BACKLOG 

16 CLEARANCE FUNDS. 

17 (a) IN GENERAL.—The Attorney General may make 

18 grants to train and employ personnel to help prosecute 

19 cases cleared through use of funds provided for DNA 

20 backlog elimination. 

21 (b) AUTHORIZATION.—There are authorized to be ap22 propriated such sums as may be necessary for each of fis23 cal years 2006 through 2010 to carry out this section. 


hmoore on PROD1PC68 with HMBILLS
43 

•HR 4905 IH 

1 SEC. 207. GRANTS TO COMBAT SEXUAL ABUSE OF CHIL2 DREN. 

3 (a) IN GENERAL.—The Bureau of Justice Assistance 

4 shall make grants to law enforcement agencies for pur5 poses of this section. The Bureau shall make such a 

6 grant— 

7 (1) to each law enforcement agency that serves 

8 a jurisdiction with 50,000 or more residents; and 

9 (2) to each law enforcement agency that serves 

10 a jurisdiction with fewer than 50,000 residents, 

11 upon a showing of need. 

12 (b) USE OF GRANT AMOUNTS.—Grants under this 

13 section may be used by the law enforcement agency to— 

14 (1) hire additional law enforcement personnel, 

15 or train existing staff to combat the sexual abuse of 

16 children through community education and outreach, 

17 investigation of complaints, enforcement of laws re18 lating to sex offender registries, and management of 

19 released sex offenders; 

20 (2) investigate the use of the Internet to facili21 tate the sexual abuse of children; and 

22 (3) purchase computer hardware and software 

23 necessary to investigate sexual abuse of children over 

24 the Internet, access local, State, and Federal data25 bases needed to apprehend sex offenders, and faciliVerDate Aug 31 2005 23:44 Mar 09, 2006 Jkt 049200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H4905.IH H4905

hmoore on PROD1PC68 with HMBILLS
44 

•HR 4905 IH 

1 tate the creation and enforcement of sex offender 

2 registries. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as may be 

5 necessary for fiscal years 2006 through 2008 to carry out 

6 this section. 

7 SEC. 208. EXPANSION OF TRAINING AND TECHNOLOGY EF8 FORTS. 

9 (a) TRAINING.—The Attorney General, in consulta10 tion with the Office of Juvenile Justice and Delinquency 

11 Prevention, shall— 

12 (1) expand training efforts with Federal, State, 

13 and local law enforcement officers and prosecutors 

14 to effectively respond to the threat to children and 

15 the public posed by sex offenders who use the Inter16 net and technology to solicit or otherwise exploit 

17 children; 

18 (2) facilitate meetings, between corporations 

19 that sell computer hardware and software or provide 

20 services to the general public related to use of the 

21 Internet, to identify problems associated with the 

22 use of technology for the purpose of exploiting chil23 dren; 

24 (3) host national conferences to train Federal, 

25 State, and local law enforcement officers, probation 


hmoore on PROD1PC68 with HMBILLS
45 

•HR 4905 IH 

1 and parole officers, and prosecutors regarding pro2 active approaches to monitoring sex offender activity 

3 on the Internet; 

4 (4) develop and distribute, for personnel listed 

5 in paragraph (3), information regarding multi-dis6 ciplinary approaches to holding offenders account7 able to the terms of their probation, parole, and sex 

8 offender registration laws; and 

9 (5) partner with other agencies to improve the 

10 coordination of joint investigations among agencies 

11 to effectively combat on-line solicitation of children 

12 by sex offenders. 

13 (b) TECHNOLOGY.—The Attorney General, in con14 sultation with the Office of Juvenile Justice and Delin15 quency Prevention, shall— 

16 (1) deploy, to all Internet Crimes Against Chil17 dren Task Forces and their partner agencies, tech18 nology modeled after the Canadian Child Exploi19 tation Tracking System; and 

20 (2) conduct training in the use of that tech21 nology. 

22 (c) REPORT.—Not later than July 1, 2006, the Attor23 ney General, in consultation with the Office of Juvenile 

24 Justice and Delinquency Prevention, shall submit to Con25 gress a report on the activities carried out under this secVerDate Aug 31 2005 23:44 Mar 09, 2006 Jkt 049200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H4905.IH H4905

hmoore on PROD1PC68 with HMBILLS
46 

•HR 4905 IH 

1 tion. The report shall include any recommendations that 

2 the Attorney General, in consultation with the Office, con3 siders appropriate. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to the Attorney General, 

6 for fiscal year 2006— 

7 (1) $1,000,000 to carry out subsection (a); and 

8 (2) $2,000,000 to carry out subsection (b). 

9 SEC. 209. REVOCATION OF PROBATION OR SUPERVISED RE10 LEASE. 

11 (a) PROBATION.—Section 3565(b) of title 18, United 

12 States Code, is amended— 

13 (1) in paragraph (3) by striking ‘or’ at the end; 

14 and 

15 (2) by inserting after paragraph (4) the fol16 lowing: 

17 ‘‘(5) commits a felony crime of violence; or 

18 ‘‘(6) commits a crime of violence against, or an 

19 offense that consists of or is intended to facilitate 

20 unlawful sexual contact (as defined in section 2246) 

21 with, a person who has not attained the age of 18 

22 years;’’. 

23 (b) SUPERVISED RELEASE.—Section 3583(g) of title 

24 18, United States Code, is amended— 


hmoore on PROD1PC68 with HMBILLS
47 

•HR 4905 IH 

1 (1) in paragraph (3) by striking ‘or’ at the end; 

2 and 

3 (2) by inserting after paragraph (4) the fol4 lowing: 

5 ‘‘(5) commits a felony crime of violence; or 

6 ‘‘(6) commits a crime of violence against, or an 

7 offense that consists of or is intended to facilitate 

8 unlawful sexual contact (as defined in section 2246) 

9 with, a person who has not attained the age of 18 

10 years;’’. 

11 TITLE III—OFFICE ON SEXUAL 

12 VIOLENCE AND CRIMES 

13 AGAINST CHILDREN 

14 SEC. 301. ESTABLISHMENT. 

15 There is established within the Department of Jus16 tice, under the general authority of the Attorney General, 

17 an Office on Sexual Violence and Crimes against Children 

18 (hereinafter in this title referred to as the ‘‘Office’’). 

19 SEC. 302. DIRECTOR. 

20 The Office shall be headed by a Director who shall 

21 be appointed by the President. The Director shall report 

22 to the Attorney General through the Assistant Attorney 

23 General for the Office of Justice Programs and shall have 

24 final authority for all grants, cooperative agreements, and 

25 contracts awarded by the Office. The Director shall not 


hmoore on PROD1PC68 with HMBILLS
48 

•HR 4905 IH 

1 engage in any employment other than that of serving as 

2 the Director, nor shall the Director hold any office in, or 

3 act in any capacity for, any organization, agency, or insti4 tution with which the Office makes any contract or other 

5 arrangement. 

6 SEC. 303. DUTIES AND FUNCTIONS. 

7 The Office is authorized to— 

8 (1) administer the standards for sex offender 

9 registration and notification programs set forth in 

10 this Act; 

11 (2) administer grant programs relating to sex 

12 offender registration and notification authorized by 

13 this Act and other grant programs authorized by 

14 this Act as directed by the Attorney General; 

15 (3) cooperate with and provide technical assist16 ance to States, units of local government, tribal gov17 ernments, and other public and private entities in18 volved in activities related to sex offender registra19 tion or notification or to other measures for the pro20 tection of children or other members of the public 

21 from sexual abuse or exploitation; and 

22 (4) perform such other functions as the Attor23 ney General may delegate. 

Æ 


hmoore on PROD1PC68 with HMBILLS