H. R. 4472—15
(b) EFFECTIVE DATE.—Notwithstanding any other provision of 
this Act, this section shall take effect on the date of the deadline 
determined in accordance with section 124(a). 
SEC. 130. LIMITATION ON LIABILITY FOR THE NATIONAL CENTER FOR 
MISSING AND EXPLOITED CHILDREN. 
Section 227 of the Victims of Child Abuse Act of 1990 (42 
U.S.C. 13032) is amended by adding at the end the following: 
‘‘(g) LIMITATION ON LIABILITY.—
‘‘(1) IN GENERAL.—Except as provided in paragraphs (2) 
and (3), the National Center for Missing and Exploited Chil-
dren, including any of its directors, officers, employees, or 
agents, is not liable in any civil or criminal action arising 
from the performance of its CyberTipline responsibilities and 
functions, as defined by this section, or from its efforts to 
identify child victims. 
‘‘(2) INTENTIONAL, RECKLESS, OR
OTHER
MISCONDUCT.—
Paragraph (1) does not apply in an action in which a party 
proves that the National Center for Missing and Exploited 
Children, or its officer, employee, or agent as the case may 
be, engaged in intentional misconduct or acted, or failed to 
act, with actual malice, with reckless disregard to a substantial 
risk of causing injury without legal justification, or for a pur-
pose unrelated to the performance of responsibilities or func-
tions under this section. 
‘‘(3) ORDINARY BUSINESS ACTIVITIES.—Paragraph (1) does 
not apply to an act or omission related to an ordinary business 
activity, such as an activity involving general administration 
or operations, the use of motor vehicles, or personnel manage-
ment.’’. 
SEC. 131. IMMUNITY FOR GOOD FAITH CONDUCT. 
The Federal Government, jurisdictions, political subdivisions 
of jurisdictions, and their agencies, officers, employees, and agents 
shall be immune from liability for good faith conduct under this 
title. 
Subtitle B—Improving Federal Criminal 
Law Enforcement To Ensure Sex Of-
fender Compliance With Registration 
and Notification Requirements and Pro-
tection of Children From Violent Preda-
tors 
SEC. 141. AMENDMENTS TO TITLE 18, UNITED STATES CODE, RELATING 
TO SEX OFFENDER REGISTRATION. 
(a) CRIMINAL PENALTIES FOR NONREGISTRATION.—
(1) IN GENERAL.—Part I of title 18, United States Code, 
is amended by inserting after chapter 109A the following:
H. R. 4472—16
‘‘CHAPTER 109B—SEX OFFENDER AND CRIMES AGAINST 
CHILDREN REGISTRY
‘‘Sec. 
‘‘2250. Failure to register.
‘‘§ 2250. Failure to register 
‘‘(a) IN GENERAL.—Whoever—
‘‘(1) is required to register under the Sex Offender Registra-
tion and Notification Act; 
‘‘(2)(A) is a sex offender as defined for the purposes of 
the Sex Offender Registration and Notification Act by reason 
of a conviction under Federal law (including the Uniform Code 
of Military Justice), the law of the District of Columbia, Indian 
tribal law, or the law of any territory or possession of the 
United States; or 
‘‘(B) travels in interstate or foreign commerce, or enters 
or leaves, or resides in, Indian country; and 
‘‘(3) knowingly fails to register or update a registration 
as required by the Sex Offender Registration and Notification 
Act; 
shall be fined under this title or imprisoned not more than 10 
years, or both. 
‘‘(b) AFFIRMATIVE DEFENSE.—In a prosecution for a violation 
under subsection (a), it is an affirmative defense that—
‘‘(1) uncontrollable circumstances prevented the individual 
from complying; 
‘‘(2) the individual did not contribute to the creation of 
such circumstances in reckless disregard of the requirement 
to comply; and 
‘‘(3) the individual complied as soon as such circumstances 
ceased to exist. 
‘‘(c) CRIME OF VIOLENCE.—
‘‘(1) IN GENERAL.—An individual described in subsection 
(a) who commits a crime of violence under Federal law 
(including the Uniform Code of Military Justice), the law of 
the District of Columbia, Indian tribal law, or the law of any 
territory or possession of the United States shall be imprisoned 
for not less than 5 years and not more than 30 years. 
‘‘(2) ADDITIONAL PUNISHMENT.—The punishment provided 
in paragraph (1) shall be in addition and consecutive to the 
punishment provided for the violation described in subsection 
(a).’’. 
(2) CLERICAL AMENDMENT.—The table of chapters for part 
I of title 18, United States Code, is amended by inserting 
after the item relating to chapter 109A the following:
‘‘109B. Sex offender and crimes against children registry ....................... 2250’’.
(b) DIRECTIVE TO THE UNITED STATES SENTENCING COMMIS-
SION.—In promulgating guidelines for use of a sentencing court 
in determining the sentence to be imposed for the offense specified 
in subsection (a), the United States Sentencing Commission shall 
consider the following matters, in addition to the matters specified 
in section 994 of title 28, United States Code: 
(1) Whether the person committed another sex offense in 
connection with, or during, the period for which the person 
failed to register.
H. R. 4472—17
(2) Whether the person committed an offense against a 
minor in connection with, or during, the period for which the 
person failed to register. 
(3) Whether the person voluntarily attempted to correct 
the failure to register. 
(4) The seriousness of the offense which gave rise to the 
requirement to register, including whether such offense is a 
tier I, tier II, or tier III offense, as those terms are defined 
in section 111. 
(5) Whether the person has been convicted or adjudicated 
delinquent for any offense other than the offense which gave 
rise to the requirement to register. 
(c) FALSE STATEMENT OFFENSE.—Section 1001(a) of title 18, 
United States Code, is amended by adding at the end the following: 
‘‘If the matter relates to an offense under chapter 109A, 109B, 
110, or 117, or section 1591, then the term of imprisonment imposed 
under this section shall be not more than 8 years.’’. 
(d) PROBATION.—Paragraph (8) of section 3563(a) of title 18, 
United States Code, is amended to read as follows: 
‘‘(8) for a person required to register under the Sex Offender 
Registration and Notification Act, that the person comply with 
the requirements of that Act; and’’. 
(e) SUPERVISED RELEASE.—Section 3583 of title 18, United 
States Code, is amended—
(1) in subsection (d), in the sentence beginning with ‘‘The 
court shall order, as an explicit condition of supervised release 
for a person described in section 4042(c)(4)’’, by striking 
‘‘described in section 4042(c)(4)’’ and all that follows through 
the end of the sentence and inserting ‘‘required to register 
under the Sex Offender Registration and Notification Act, that 
the person comply with the requirements of that Act.’’. 
(2) in subsection (k)—
(A) by striking ‘‘2244(a)(1), 2244(a)(2)’’ and inserting 
‘‘2243, 2244, 2245, 2250’’; 
(B) by inserting ‘‘not less than 5,’’ after ‘‘any term 
of years’’; and 
(C) by adding at the end the following: ‘‘If a defendant 
required to register under the Sex Offender Registration 
and Notification Act commits any criminal offense under 
chapter 109A, 110, or 117, or section 1201 or 1591, for 
which imprisonment for a term longer than 1 year can 
be imposed, the court shall revoke the term of supervised 
release and require the defendant to serve a term of impris-
onment under subsection (e)(3) without regard to the excep-
tion contained therein. Such term shall be not less than 
5 years.’’. 
(f) DUTIES OF THE BUREAU OF PRISONS.—Paragraph (3) of sec-
tion 4042(c) of title 18, United States Code, is amended to read 
as follows: 
‘‘(3) The Director of the Bureau of Prisons shall inform a 
person who is released from prison and required to register under 
the Sex Offender Registration and Notification Act of the require-
ments of that Act as they apply to that person and the same 
information shall be provided to a person sentenced to probation 
by the probation officer responsible for supervision of that person.’’. 
(g) CONFORMING AMENDMENTS TO CROSS-REFERENCES.—Sec-
tion 4042(c) of title 18, United States Code, is amended—
H. R. 4472—18
(1) in paragraph (1), by striking ‘‘(4)’’ and inserting ‘‘(3), 
or any other person in a category specified by the Attorney 
General,’’; and 
(2) in paragraph (2)—
(A) in the first sentence, by striking ‘‘shall be subject 
to a registration requirement as a sex offender’’ and 
inserting ‘‘shall register as required by the Sex Offender 
Registration and Notification Act’’; and 
(B) in the fourth sentence, by striking ‘‘(4)’’ and 
inserting ‘‘(3)’’. 
(h) CONFORMING REPEAL OF DEADWOOD.—Paragraph (4) of sec-
tion 4042(c) of title 18, United States Code, is repealed. 
(i) MILITARY OFFENSES.—
(1) Section 115(a)(8)(C)(i) of Public Law 105–119 (111 Stat. 
2466) is amended by striking ‘‘which encompass’’ and all that 
follows through ‘‘and (B))’’ and inserting ‘‘which are sex offenses 
as that term is defined in the Sex Offender Registration and 
Notification Act’’. 
(2) Section 115(a)(8)(C)(iii) of Public Law 105–119 (111 
Stat. 2466; 10 U.S.C. 951 note) is amended by striking ‘‘the 
amendments made by subparagraphs (A) and (B)’’ and inserting 
‘‘the Sex Offender Registration and Notification Act’’. 
(j) CONFORMING AMENDMENT RELATING TO PAROLE.—Section 
4209(a) of title 18, United States Code, is amended in the second 
sentence by striking ‘‘described’’ and all that follows through the 
end of the sentence and inserting ‘‘required to register under the 
Sex Offender Registration and Notification Act that the person 
comply with the requirements of that Act.’’. 
SEC. 142. FEDERAL ASSISTANCE WITH RESPECT TO VIOLATIONS OF 
REGISTRATION REQUIREMENTS. 
(a) IN GENERAL.—The Attorney General shall use the resources 
of Federal law enforcement, including the United States Marshals 
Service, to assist jurisdictions in locating and apprehending sex 
offenders who violate sex offender registration requirements. For 
the purposes of section 566(e)(1)(B) of title 28, United States Code, 
a sex offender who violates a sex offender registration requirement 
shall be deemed a fugitive. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as may be necessary for fiscal years 
2007 through 2009 to implement this section. 
SEC. 143. PROJECT SAFE CHILDHOOD. 
(a) ESTABLISHMENT OF PROGRAM.—Not later than 6 months 
after the date of enactment of this Act, the Attorney General shall 
create and maintain a Project Safe Childhood program in accordance 
with this section. 
(b) INITIAL IMPLEMENTATION.—Except as authorized under sub-
section (c), funds authorized under this section may only be used 
for the following 5 purposes: 
(1) Integrated Federal, State, and local efforts to investigate 
and prosecute child exploitation cases, including—
(A) the partnership by each United States Attorney 
with each Internet Crimes Against Children Task Force 
that is a part of the Internet Crimes Against Children 
Task Force Program authorized and funded under title 
IV of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5771 et seq.) (referred to in this
H. R. 4472—19
section as the ‘‘ICAC Task Force Program’’) that exists 
within the district of such attorney; 
(B) the partnership by each United States Attorney 
with other Federal, State, and local law enforcement part-
ners working in the district of such attorney to implement 
the program described in subsection (a); 
(C) the development by each United States Attorney 
of a district-specific strategic plan to coordinate the inves-
tigation and prosecution of child exploitation crimes; 
(D) efforts to identify and rescue victims of child exploi-
tation crimes; and 
(E) local training, educational, and awareness pro-
grams of such crimes. 
(2) Major case coordination by the Department of Justice 
(or other Federal agencies as appropriate), including specific 
integration or cooperation, as appropriate, of—
(A) the Child Exploitation and Obscenity Section 
within the Department of Justice; 
(B) the Innocent Images Unit of the Federal Bureau 
of Investigation; 
(C) any task forces established in connection with the 
Project Safe Childhood program set forth under subsection 
(a); and 
(D) the High Tech Investigative Unit within the 
Criminal Division of the Department of Justice. 
(3) Increased Federal involvement in child pornography 
and enticement cases by providing additional investigative tools 
and increased penalties under Federal law. 
(4) Training of Federal, State, and local law enforcement 
through programs facilitated by—
(A) the National Center for Missing and Exploited 
Children; 
(B) the ICAC Task Force Program; and 
(C) any other ongoing program regarding the investiga-
tion and prosecution of computer-facilitated crimes against 
children, including training and coordination regarding 
leads from—
(i) Federal law enforcement operations; and 
(ii) the CyberTipline and Child Victim-Identifica-
tion programs managed and maintained by the 
National Center for Missing and Exploited Children. 
(5) Community awareness and educational programs 
through partnerships to provide national public awareness and 
educational programs through—
(A) the National Center for Missing and Exploited 
Children; 
(B) the ICAC Task Force Program; and 
(C) any other ongoing programs that—
(i) raises national awareness about the threat of 
online sexual predators; or 
(ii) provides information to parents and children 
seeking to report possible violations of computer-facili-
tated crimes against children. 
(c) EXPANSION OF PROJECT SAFE CHILDHOOD.—Notwithstanding 
subsection (b), funds authorized under this section may be also 
be used for the following purposes:
H. R. 4472—20
(1) The addition of not less than 8 Assistant United States 
Attorneys at the Department of Justice dedicated to the 
prosecution of cases in connection with the Project Safe Child-
hood program set forth under subsection (a). 
(2) The creation, development, training, and deployment 
of not less than 10 new Internet Crimes Against Children 
task forces within the ICAC Task Force Program consisting 
of Federal, State, and local law enforcement personnel dedicated 
to the Project Safe Childhood program set forth under sub-
section (a), and the enhancement of the forensic capacities 
of existing Internet Crimes Against Children task forces. 
(3) The development and enhancement by the Federal 
Bureau of Investigation of the Innocent Images task forces. 
(4) Such other additional and related purposes as the 
Attorney General determines appropriate. 
(d) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 
carrying out this section, there are authorized to be appropriated—
(1) for the activities described under subsection (b)—
(A) $18,000,000 for fiscal year 2007; and 
(B) such sums as may be necessary for each of the 
5 succeeding fiscal years; and 
(2) for the activities described under subsection (c)—
(A) for fiscal year 2007—
(i) $15,000,000 for the activities under paragraph 
(1); 
(ii) $10,000,000 for activities under paragraph (2); 
and 
(iii) $4,000,000 for activities under paragraph (3); 
and 
(B) such sums as may be necessary for each of the 
5 succeeding fiscal years. 
SEC. 144. FEDERAL ASSISTANCE IN IDENTIFICATION AND LOCATION 
OF SEX OFFENDERS RELOCATED AS A RESULT OF A 
MAJOR DISASTER. 
The Attorney General shall provide assistance to jurisdictions 
in the identification and location of a sex offender relocated as 
a result of a major disaster. 
SEC. 145. EXPANSION OF TRAINING AND TECHNOLOGY EFFORTS. 
(a) TRAINING.—The Attorney General shall—
(1) expand training efforts with Federal, State, and local 
law enforcement officers and prosecutors to effectively respond 
to the threat to children and the public posed by sex offenders 
who use the Internet and technology to solicit or otherwise 
exploit children; 
(2) facilitate meetings involving corporations that sell com-
puter hardware and software or provide services to the general 
public related to use of the Internet, to identify problems associ-
ated with the use of technology for the purpose of exploiting 
children; 
(3) host national conferences to train Federal, State, and 
local law enforcement officers, probation and parole officers, 
and prosecutors regarding pro-active approaches to monitoring 
sex offender activity on the Internet; 
(4) develop and distribute, for personnel listed in paragraph 
(3), information regarding multidisciplinary approaches to
H. R. 4472—21
holding offenders accountable to the terms of their probation, 
parole, and sex offender registration laws; and 
(5) partner with other agencies to improve the coordination 
of joint investigations among agencies to effectively combat 
online solicitation of children by sex offenders. 
(b) TECHNOLOGY.—The Attorney General shall—
(1) deploy, to all Internet Crimes Against Children Task 
Forces and their partner agencies, technology modeled after 
the Canadian Child Exploitation Tracking System; and 
(2) conduct training in the use of that technology. 
(c) REPORT.—Not later than July 1, 2007, the Attorney General, 
shall submit to Congress a report on the activities carried out 
under this section. The report shall include any recommendations 
that the Attorney General considers appropriate. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Attorney General, for fiscal year 2007—
(1) $1,000,000 to carry out subsection (a); and 
(2) $2,000,000 to carry out subsection (b). 
SEC. 146. OFFICE OF SEX OFFENDER SENTENCING, MONITORING, 
APPREHENDING, REGISTERING, AND TRACKING. 
(a) ESTABLISHMENT.—There is established within the Depart-
ment of Justice, under the general authority of the Attorney Gen-
eral, an Office of Sex Offender Sentencing, Monitoring, Appre-
hending, Registering, and Tracking (hereinafter in this section 
referred to as the ‘‘SMART Office’’). 
(b) DIRECTOR.—The SMART Office shall be headed by a Director 
who shall be appointed by the President. The Director shall report 
to the Attorney General through the Assistant Attorney General 
for the Office of Justice Programs and shall have final authority 
for all grants, cooperative agreements, and contracts awarded by 
the SMART Office. The Director shall not engage in any employ-
ment other than that of serving as the Director, nor shall the 
Director hold any office in, or act in any capacity for, any organiza-
tion, agency, or institution with which the Office makes any contract 
or other arrangement. 
(c) DUTIES AND FUNCTIONS.—The SMART Office is authorized 
to—
(1) administer the standards for the sex offender registra-
tion and notification program set forth in this Act; 
(2) administer grant programs relating to sex offender reg-
istration and notification authorized by this Act and other 
grant programs authorized by this Act as directed by the 
Attorney General; 
(3) cooperate with and provide technical assistance to 
States, units of local government, tribal governments, and other 
public and private entities involved in activities related to 
sex offender registration or notification or to other measures 
for the protection of children or other members of the public 
from sexual abuse or exploitation; and 
(4) perform such other functions as the Attorney General 
may delegate.
H. R. 4472—22
Subtitle C—Access to Information and Re-
sources Needed To Ensure That Children 
Are Not Attacked or Abused 
SEC. 151. ACCESS TO NATIONAL CRIME INFORMATION DATABASES. 
(a) IN GENERAL.—Notwithstanding any other provision of law, 
the Attorney General shall ensure access to the national crime 
information databases (as defined in section 534 of title 28, United 
States Code) by—
(1) the National Center for Missing and Exploited Children, 
to be used only within the scope of the Center’s duties and 
responsibilities under Federal law to assist or support law 
enforcement agencies in administration of criminal justice func-
tions; and 
(2) governmental social service agencies with child protec-
tion responsibilities, to be used by such agencies only in inves-
tigating or responding to reports of child abuse, neglect, or 
exploitation. 
(b) CONDITIONS OF ACCESS.—The access provided under this 
section, and associated rules of dissemination, shall be—
(1) defined by the Attorney General; and 
(2) limited to personnel of the Center or such agencies 
that have met all requirements set by the Attorney General, 
including training, certification, and background screening. 
SEC. 152. REQUIREMENT TO COMPLETE BACKGROUND CHECKS 
BEFORE APPROVAL OF ANY FOSTER OR ADOPTIVE 
PLACEMENT AND TO CHECK NATIONAL CRIME INFORMA-
TION DATABASES AND STATE CHILD ABUSE REGISTRIES; 
SUSPENSION AND SUBSEQUENT ELIMINATION OF OPT-
OUT. 
(a) REQUIREMENT TO COMPLETE BACKGROUND CHECKS BEFORE 
APPROVAL OF ANY FOSTER OR ADOPTIVE PLACEMENT AND TO CHECK 
NATIONAL CRIME INFORMATION DATABASES AND STATE CHILD ABUSE 
REGISTRIES; SUSPENSION OF OPT-OUT.—
(1) REQUIREMENT TO CHECK NATIONAL CRIME INFORMATION 
DATABASES
AND
STATE
CHILD
ABUSE
REGISTRIES.—Section 
471(a)(20) of the Social Security Act (42 U.S.C. 671(a)(20)) 
is amended—
(A) in subparagraph (A)—
(i) in the matter preceding clause (I)—
(I) by inserting ‘‘, including fingerprint-based 
checks of national crime information databases (as 
defined in section 534(e)(3)(A) of title 28, United 
States Code),’’ after ‘‘criminal records checks’’; and 
(II) by striking ‘‘on whose behalf foster care 
maintenance payments or adoption assistance pay-
ments are to be made’’ and inserting ‘‘regardless 
of whether foster care maintenance payments or 
adoption assistance payments are to be made on 
behalf of the child’’; and 
(ii) in each of clauses (i) and (ii), by inserting 
‘‘involving a child on whose behalf such payments are 
to be so made’’ after ‘‘in any case’’; and 
(B) by adding at the end the following:
H. R. 4472—23
‘‘(C) provides that the State shall—
‘‘(i) check any child abuse and neglect registry main-
tained by the State for information on any prospective 
foster or adoptive parent and on any other adult living 
in the home of such a prospective parent, and request 
any other State in which any such prospective parent or 
other adult has resided in the preceding 5 years, to enable 
the State to check any child abuse and neglect registry 
maintained by such other State for such information, before 
the prospective foster or adoptive parent may be finally 
approved for placement of a child, regardless of whether 
foster care maintenance payments or adoption assistance 
payments are to be made on behalf of the child under 
the State plan under this part; 
‘‘(ii) comply with any request described in clause (i) 
that is received from another State; and 
‘‘(iii) have in place safeguards to prevent the unauthor-
ized disclosure of information in any child abuse and 
neglect registry maintained by the State, and to prevent 
any such information obtained pursuant to this subpara-
graph from being used for a purpose other than the con-
ducting of background checks in foster or adoptive place-
ment cases;’’. 
(2) SUSPENSION OF OPT-OUT.—Section 471(a)(20)(B) of such 
Act (42 U.S.C. 671(a)(20)(B)) is amended—
(A) by inserting ‘‘, on or before September 30, 2005,’’ 
after ‘‘plan if’’; and 
(B) by inserting ‘‘, on or before such date,’’ after ‘‘or 
if’’. 
(b) ELIMINATION OF OPT-OUT.—Section 471(a)(20) of such Act 
(42 U.S.C. 671(a)(20)), as amended by subsection (a) of this section, 
is amended—
(1) in subparagraph (A), in the matter preceding clause 
(i), by striking ‘‘unless an election provided for in subparagraph 
(B) is made with respect to the State,’’; and 
(2) by striking subparagraph (B) and redesignating 
subparagraph (C) as subparagraph (B). 
(c) EFFECTIVE DATE.—
(1) GENERAL.—The amendments made by subsection (a) 
shall take effect on October 1, 2006, and shall apply with 
respect to payments under part E of title IV of the Social 
Security Act for calendar quarters beginning on or after such 
date, without regard to whether regulations to implement the 
amendments are promulgated by such date. 
(2) ELIMINATION OF OPT-OUT.—The amendments made by 
subsection (b) shall take effect on October 1, 2008, and shall 
apply with respect to payments under part E of title IV of 
the Social Security Act for calendar quarters beginning on 
or after such date, without regard to whether regulations to 
implement the amendments are promulgated by such date. 
(3) DELAY PERMITTED IF STATE LEGISLATION REQUIRED.—
If the Secretary of Health and Human Services determines 
that State legislation (other than legislation appropriating 
funds) is required in order for a State plan under section 
471 of the Social Security Act to meet the additional require-
ments imposed by the amendments made by a subsection of 
this section, the plan shall not be regarded as failing to meet