SEC. 127. PERIOD FOR IMPLEMENTATION BY JURISDIC-
TIONS. 
Each jurisdiction shall implement this title not later 
than 2 years after the date of the enactment of this Act. 
However, the Attorney General may authorize up to two 
one-year extensions of the deadline. 
SEC. 128. FAILURE TO COMPLY. 
(a) IN GENERAL.—For any fiscal year after the end 
of the period for implementation, a jurisdiction that fails 
to implement this title shall not receive 10 percent of the 
funds that would otherwise be allocated for that fiscal year 
to the jurisdiction under each of the following programs: 
(1) BYRNE.—Subpart 1 of part E of title I of 
the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3750 et seq.), whether character-
ized as the Edward Byrne Memorial State and Local 
Law Enforcement Assistance Programs, the Edward 
Byrne Memorial Justice Assistance Grant Program, 
or otherwise. 
(2) LLEBG.—The Local Government Law En-
forcement Block Grants program. 
(b) REALLOCATION.—Amounts not allocated under a 
program referred to in paragraph (1) to a jurisdiction for 
failure to fully implement this title shall be reallocated 
under that program to jurisdictions that have not failed 
to implement this title or may be reallocated to a jurisdic-
tion from which they were withheld to be used solely for 
the purpose of implementing this title. 
(c) RULE OF CONSTRUCTION.—The provisions of this 
title that are cast as directions to jurisdictions or their 
officials constitute only conditions required to avoid the 
reduction of Federal funding under this section. 
SEC. 129. SEX OFFENDER MANAGEMENT ASSISTANCE 
(SOMA) PROGRAM. 
(a) IN GENERAL.—The Attorney General shall estab-
lish and implement a Sex Offender Management Assist-
ance program (in this title referred to as the ‘‘SOMA pro-
gram’’) under which the Attorney General may award a 
grant to a jurisdiction to offset the costs of implementing 
this title. 
(b) APPLICATION.—The chief executive of a jurisdic-
tion shall, on an annual basis, submit to the Attorney Gen-
eral an application in such form and containing such infor-
mation as the Attorney General may require. 
(c) BONUS PAYMENTS FOR PROMPT COMPLIANCE.—
A jurisdiction that, as determined by the Attorney Gen-
eral, has implemented this title not later than two years 
after the date of the enactment of this Act is eligible for 
a bonus payment. Such payment shall be made under the 
SOMA program for the first fiscal year beginning after 
that determination. The amount of the payment shall be—
(1) 10 percent of the total received by the juris-
diction under the SOMA program for the preceding 
fiscal year, if implementation is not later than one 
year after the date of enactment of this Act; and 
(2) 5 percent of such total, if not later than two 
years after that date. 
(d) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any amounts otherwise authorized to be appro-
priated, there are authorized to be appropriated such sums 
as may be necessary to the Attorney General, to be avail-
able only for the SOMA program, for fiscal years 2006 
through 2008. 
SEC. 130. DEMONSTRATION PROJECT FOR USE OF ELEC-
TRONIC MONITORING DEVICES. 
(a) PROJECT REQUIRED.—The Attorney General 
shall carry out a demonstration project under which the 
Attorney General makes grants to jurisdictions to dem-
onstrate the extent to which electronic monitoring devices 
can be used effectively in a sex offender management pro-
gram. 
(b) USE OF FUNDS.—The jurisdiction may use grant 
amounts under this section directly, or through arrange-
ments with public or private entities, to carry out pro-
grams under which the whereabouts of sex offenders are 
monitored by electronic monitoring devices.
(c) PARTICIPANTS.—Not more than 10 jurisdictions 
may participate in the demonstration project at any one 
time. 
(d) FACTORS.—In selecting jurisdictions to partici-
pate in the demonstration project, the Attorney General 
shall consider the following factors: 
(1) The total number of sex offenders in the ju-
risdiction. 
(2) The percentage of those sex offenders who 
fail to comply with registration requirements. 
(3) The threat to public safety posed by those 
sex offenders who fail to comply with registration re-
quirements. 
(4) Any other factor the Attorney General con-
siders appropriate. 
(e) DURATION.—The Attorney General shall carry 
out the demonstration project for fiscal years 2007, 2008, 
and 2009. 
(f) INNOVATION.—In making grants under this sec-
tion, the Attorney General shall ensure that different ap-
proaches to monitoring are funded to allow an assessment 
of effectiveness. 
(g) ONE-TIME REPORT AND RECOMMENDATIONS.—
Not later than April 1, 2008, the Attorney General shall 
submit to Congress a report—
(1) assessing the effectiveness and value of pro-
grams funded by this section; 
(2) comparing the cost-effectiveness of the elec-
tronic monitoring to reduce sex offenses compared to 
other alternatives; and 
(3) making recommendations for continuing 
funding and the appropriate levels for such funding. 
(h) REPORTS.—The Attorney General shall submit to 
Congress an annual report on the demonstration project. 
Each such report shall describe the activities carried out 
by each participant, assess the effectiveness of those ac-
tivities, and contain any other information or rec-
ommendations that the Attorney General considers appro-
priate. 
(i) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary. 
SEC. 131. BONUS PAYMENTS TO STATES THAT IMPLEMENT 
ELECTRONIC MONITORING. 
(a) IN GENERAL.—A State that, within 3 years after 
the date of the enactment of this Act, has in effect laws 
and policies described in subsection (b) shall be eligible 
for a bonus payment described in subsection (c), to be paid 
by the Attorney General from any amounts available to 
the Attorney General for such purpose.
(b) ELECTRONIC MONITORING LAWS
AND POLI-
CIES.—
(1) IN GENERAL.—Laws and policies referred 
to in subsection (a) are laws and policies that ensure 
that electronic monitoring is required of a person if 
that person is released after being convicted of a 
State sex offense in which an individual who has not 
attained the age of 18 years is the victim. 
(2) MONITORING REQUIRED.—The monitoring 
required under paragraph (1) is a system that ac-
tively monitors and identifies the person’s location 
and timely reports or records the person’s presence 
near or within a crime scene or in a prohibited area 
or the person’s departure from specified geographic 
limitations. 
(3) DURATION.—The electronic monitoring re-
quired by paragraph (1) shall be required of the per-
son—
(A) for the life of the person, if—
(i) an individual who has not attained 
the age of 12 years is the victim; or 
(ii) the person has a prior sex convic-
tion (as defined in section 3559(e) of title 
18, United States Code); and
(B) for the period during which the person 
is on probation, parole, or supervised release for 
the offense, in any other case. 
(4) STATE REQUIRED TO MONITOR ALL SEX OF-
FENDERS
RESIDING
IN
STATE.—In addition, laws 
and policies referred to in subsection (a) also include 
laws and policies that ensure that the State fre-
quently monitors each person residing in the State 
for whom electronic monitoring is required, whether 
such monitoring is required under this section or 
under section 3563(a)(9) of title 18, United States 
Code. 
(c) BONUS PAYMENTS.—The bonus payment referred 
to in subsection (a) is a payment equal to 10 percent of 
the funds that would otherwise be allocated for that fiscal 
year to the jurisdiction under each of the following pro-
grams: 
(1) BYRNE.—Subpart 1 of part E of title I of 
the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3750 et seq.), whether character-
ized as the Edward Byrne Memorial State and Local 
Law Enforcement Assistance Programs, the Edward 
Byrne Memorial Justice Assistance Grant Program, 
or otherwise.
(2) LLEBG.—The Local Government Law En-
forcement Block Grants program. 
(d) DEFINITION.—In this section, the term ‘‘State 
sex offense’’ means any criminal offense that is one of the 
following: 
(1) A specified offense against a minor. 
(2) A serious sex offense. 
SEC. 132. NATIONAL CENTER FOR MISSING AND EXPLOITED 
CHILDREN ACCESS TO INTERSTATE IDENTI-
FICATION INDEX. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Attorney General shall ensure that the 
National Center for Missing and Exploited Children has 
access to the Interstate Identification Index, to be used 
by the Center only within the scope of its duties and re-
sponsibilities under Federal law. The access provided 
under this section shall be authorized only to personnel 
of the Center that have met all the requirements for ac-
cess, including training, certification, and background 
screening. 
(b) IMMUNITY.—Personnel of the Center shall not be 
civilly or criminally liable for any use or misuse of infor-
mation in the Interstate Identification Index if in good 
faith.
SEC. 133. LIMITED IMMUNITY FOR NATIONAL CENTER FOR 
MISSING AND EXPLOITED CHILDREN WITH 
RESPECT TO CYBERTIPLINE. 
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 new subsection: 
‘‘(g) LIMITATION ON LIABILITY.—
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the National Center for Missing 
and Exploited Children, including any of its direc-
tors, officers, employees, or agents, is not liable in 
any civil or criminal action arising from the perform-
ance of its CyberTipline responsibilities and func-
tions as defined by this section. 
‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS-
CONDUCT.—Paragraph (1) does not apply in an ac-
tion in which a party proves that the National Cen-
ter for Missing and Exploited Children, or its offi-
cer, 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 sub-
stantial risk of causing injury without legal justifica-
tion, or for a purpose unrelated to the performance 
of responsibilities or functions under this section. 
‘‘(3) ORDINARY BUSINESS ACTIVITIES.—Para-
graph (1) does not apply to an act or omission re-
lated to an ordinary business activity, such as an ac-
tivity involving general administration or operations, 
the use of motor vehicles, or personnel manage-
ment.’’. 
SEC. 134. TREATMENT AND MANAGEMENT OF SEX OFFEND-
ERS IN THE BUREAU OF PRISONS. 
Section 3621 of title 18, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(f) SEX OFFENDER MANAGEMENT.—
‘‘(1) IN
GENERAL.—The Bureau of Prisons 
shall make available appropriate treatment to sex of-
fenders who are in need of and suitable for treat-
ment, as follows: 
‘‘(A) SEX OFFENDER MANAGEMENT PRO-
GRAMS.—The Bureau of Prisons shall establish 
non-residential sex offender management pro-
grams to provide appropriate treatment, moni-
toring, and supervision of sex offenders and to 
provide aftercare during pre-release custody. 
‘‘(B) 
RESIDENTIAL
SEX
OFFENDER 
TREATMENT PROGRAMS.—The Bureau of Pris-
ons shall establish residential sex offender 
treatment programs to provide treatment to sex 
offenders who volunteer for such programs and
are deemed by the Bureau of Prisons to be in 
need of and suitable for residential treatment. 
‘‘(2) REGIONS.—At least one sex offender man-
agement program under paragraph (1)(A), and at 
least one residential sex offender treatment program 
under paragraph (1)(B), shall be established in each 
region within the Bureau of Prisons. 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Bu-
reau of Prisons for each fiscal year such sums as 
may be necessary to carry out this subsection.’’. 
SEC. 135. ASSISTANCE IN IDENTIFICATION AND LOCATION 
OF SEX OFFENDERS RELOCATED AS A RE-
SULT OF HURRICANE KATRINA. 
The Attorney General shall provide technical assist-
ance to jurisdictions to assist them in the identification 
and location of sex offenders relocated as a result of Hur-
ricane Katrina. 
SEC. 136. GAO STUDIES ON FEASIBILITY OF USING DRIV-
ER’S LICENSE REGISTRATION PROCESSES AS 
ADDITIONAL REGISTRATION REQUIREMENTS 
FOR SEX OFFENDERS. 
For the purposes of determining the feasibility of 
using driver’s license registration processes as additional 
registration requirements for sex offenders to improve the
level of compliance with sex offender registration require-
ments for change of address upon relocation and other re-
lated updates of personal information, the Congress re-
quires the following studies: 
(1) Not later than 180 days after the date of 
the enactment of this Act, the Government Account-
ability Office shall complete a study for the Com-
mittee on the Judiciary of the House of Representa-
tives to survey a majority of the States to assess the 
relative systems capabilities to comply with a Fed-
eral law that required all State driver’s license sys-
tems to automatically access State and national 
databases of registered sex offenders in a form simi-
lar to the requirement of the Nevada law described 
in paragraph (2). The Government Accountability 
Office shall use the information drawn from this 
survey, along with other expert sources, to determine 
what the potential costs to the States would be if 
such a Federal law came into effect, and what level 
of Federal grants would be required to prevent an 
unfunded mandate. In addition, the Government Ac-
countability Office shall seek the views of Federal 
and State law enforcement agencies, including in 
particular the Federal Bureau of Investigation, with 
regard to the anticipated effects of such a national
requirement, including potential for undesired side 
effects in terms of actual compliance with this Act 
and related laws. 
(2) Not later than October 2006, the Govern-
ment Accountability Office shall complete a study to 
evaluate the provisions of Chapter 507 of Statutes 
of Nevada 2005 to determine—
(A) if those provisions are effective in in-
creasing the registration compliance rates of sex 
offenders; 
(B) the aggregate direct and indirect costs 
for the state of Nevada to bring those provi-
sions into effect; and 
(C) whether those provisions should be 
modified to improve compliance by registered 
sex offenders. 
Subtitle B—Criminal Law Enforce-
ment of Registration Require-
ments 
SEC. 151. AMENDMENTS TO TITLE 18, UNITED STATES 
CODE, RELATING TO SEX OFFENDER REG-
ISTRATION. 
(a) CRIMINAL PENALTIES FOR NONREGISTRATION.—
Part I of title 18, United States Code, is amended by in-
serting after chapter 109A the following:
‘‘CHAPTER 109B—SEX OFFENDER AND 
CRIMES AGAINST CHILDREN REGISTRY
‘‘Sec. 
‘‘2250. Failure to register.
‘‘§ 2250. Failure to register 
‘‘Whoever is required to register under the Sex Of-
fender Registration and Notification Act and—
‘‘(1) is a sex offender as defined for the pur-
poses of that Act by reason of a conviction under 
Federal law; or 
‘‘(2) thereafter travels in interstate or foreign 
commerce, or enters or leaves, or resides in, Indian 
country; 
and knowingly fails to register as required shall be fined 
under this title and imprisoned not less than 5 years nor 
more than 20 years.’’. 
(b) 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 fol-
lowing new item:
‘‘109B. Sex offender and crimes against children registry 2250’’.
(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 less than 5 years nor more than 20 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 sec-
tion 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 Notifica-
tion Act that the person comply with the require-
ments 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 vio-
lates the requirements of that Act or commits 
any criminal offense for which imprisonment for 
a term longer than one year can be imposed, 
the court shall revoke the term of supervised re-
lease and require the defendant to serve a term 
of imprisonment under subsection (e)(3) with-
out regard to the exception contained therein. 
Such term shall be not less than 5 years, and 
if the offense was an offense under chapter 
109A, 109B, 110, or 117, or section 1591, not 
less than 10 years.’’. 
(f) DUTIES OF BUREAU OF PRISONS.—Paragraph 
(3) of section 4042(c) of title 18, United States Code, is 
amended to read as follows: 
‘‘(3) The Director of the Bureau of Prisons shall in-
form a person who is released from prison and required 
to register under the Sex Offender Registration and Noti-
fication Act of the requirements 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 REF-
ERENCES.—Paragraphs (1) and (2) of section 4042(c) of 
title 18, United States Code, are each amended by striking 
‘‘(4)’’ and inserting ‘‘(3)’’. 
(h) CONFORMING REPEAL OF DEADWOOD.—Para-
graph (4) of section 4042(c) of title 18, United States 
Code, is repealed. 
SEC. 152. INVESTIGATION BY UNITED STATES MARSHALS 
OF SEX OFFENDER VIOLATIONS OF REG-
ISTRATION REQUIREMENTS. 
(a) IN GENERAL.—The Attorney General shall use 
the authority provided in section 566(e)(1)(B) of title 28, 
United States Code, to assist States and other jurisdic-
tions in locating and apprehending sex offenders who vio-
late sex offender registration requirements. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary for fiscal years 2006 through 2008 to implement 
this section. 
SEC. 153. SEX OFFENDER APPREHENSION GRANTS. 
Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended by adding at the end the 
following new part:
‘‘PART JJ—SEX OFFENDER APPREHENSION 
GRANTS 
‘‘SEC. 3011. AUTHORITY TO MAKE SEX OFFENDER APPRE-
HENSION GRANTS. 
‘‘(a) IN GENERAL.—From amounts made available to 
carry out this part, the Attorney General may make grants 
to States, units of local government, Indian tribal govern-
ments, other public and private entities, and multi-juris-
dictional or regional consortia thereof for activities speci-
fied in subsection (b). 
‘‘(b) COVERED ACTIVITIES.—An activity referred to 
in subsection (a) is any program, project, or other activity 
to assist a State in enforcing sex offender registration re-
quirements. 
‘‘SEC. 3012. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated such sums 
as may be necessary for fiscal years 2006 through 2008 
to carry out this part.’’. 
SEC. 154. USE OF ANY CONTROLLED SUBSTANCE TO FA-
CILITATE SEX OFFENSE. 
(a) INCREASED PUNISHMENT.—Chapter 109A of 
title 18, United States Code, is amended by adding at the 
end the following:
‘‘§ 2249. Use of any controlled substance to facilitate 
sex offense 
‘‘(a) Whoever, knowingly uses a controlled substance 
to substantially impair the ability of a person to appraise 
or control conduct, in order to commit a sex offense, other 
than an offense where such use is an element of the of-
fense, shall, in addition to the punishment provided for 
the sex offense, be imprisoned for any term of years not 
less than 10, or for life. 
‘‘(b) As used in this section, the term ‘sex offense’ 
means an offense under this chapter other than an offense 
under this section.’’. 
(b) AMENDMENT TO TABLE.—The table of sections 
at the beginning of chapter 109A of title 18, United States 
Code, is amended by adding at the end the following new 
item:
‘‘2249. Use of any controlled substance to facilitate sex offense.’’.
SEC. 155. REPEAL OF PREDECESSOR SEX OFFENDER PRO-
GRAM. 
Sections 170101 (42 U.S.C. 14071) and 170102 (42 
U.S.C. 14072) of the Violent Crime Control and Law En-
forcement Act of 1994, and section 8 of the Pam Lychner 
Sexual Offender Tracking and Identification Act of 1996 
(42 U.S.C. 14073), are repealed.
SEC. 156. ASSISTANCE FOR PROSECUTIONS OF CASES 
CLEARED THROUGH USE OF DNA BACKLOG 
CLEARANCE FUNDS. 
(a) IN GENERAL.—The Attorney General may make 
grants to train and employ personnel to help investigate 
and prosecute cases cleared through use of funds provided 
for DNA backlog elimination. 
(b) AUTHORIZATION.—There are authorized to be ap-
propriated such sums as may be necessary for each of fis-
cal years 2006 through 2010 to carry out this section. 
SEC. 157. AUTHORIZATION OF ADDITIONAL APPROPRIA-
TIONS. 
In addition to any other amounts authorized by law, 
there are authorized to be appropriated for grants to the 
American Prosecutors Research Institute under section 
214A of the Victims of Child Abuse Act of 1990 (42 
U.S.C. 13003) $7,500,000 for each of fiscal years 2006 
through 2010. 
SEC. 158. GRANTS TO COMBAT SEXUAL ABUSE OF CHIL-
DREN. 
(a) IN GENERAL.—The Bureau of Justice Assistance 
shall make grants to law enforcement agencies for pur-
poses of this section. The Bureau shall make such a 
grant—
(1) to each law enforcement agency that serves 
a jurisdiction with 50,000 or more residents; and
(2) to each law enforcement agency that serves 
a jurisdiction with fewer than 50,000 residents, 
upon a showing of need. 
(b) USE OF GRANT AMOUNTS.—Grants under this 
section may be used by the law enforcement agency to—
(1) hire additional law enforcement personnel, 
or train existing staff to combat the sexual abuse of 
children through community education and outreach, 
investigation of complaints, enforcement of laws re-
lating to sex offender registries, and management of 
released sex offenders; 
(2) investigate the use of the Internet to facili-
tate the sexual abuse of children; and 
(3) purchase computer hardware and software 
necessary to investigate sexual abuse of children over 
the Internet, access local, State, and Federal data-
bases needed to apprehend sex offenders, and facili-
tate the creation and enforcement of sex offender 
registries. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary for fiscal years 2006 through 2008 to carry out 
this section.
SEC. 159. EXPANSION OF TRAINING AND TECHNOLOGY EF-
FORTS. 
(a) TRAINING.—The Attorney General, in consulta-
tion with the Office of Juvenile Justice and Delinquency 
Prevention, 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 inter-
net and technology to solicit or otherwise exploit 
children; 
(2) facilitate meetings, between corporations 
that sell computer hardware and software or provide 
services to the general public related to use of the 
Internet, to identify problems associated with the 
use of technology for the purpose of exploiting chil-
dren; 
(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 multi-dis-
ciplinary approaches to holding offenders account-
able 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 on-line solicitation of children 
by sex offenders. 
(b) TECHNOLOGY.—The Attorney General, in con-
sultation with the Office of Juvenile Justice and Delin-
quency Prevention, shall—
(1) deploy, to all Internet Crimes Against Chil-
dren Task Forces and their partner agencies, tech-
nology modeled after the Canadian Child Exploi-
tation Tracking System; and 
(2) conduct training in the use of that tech-
nology. 
(c) REPORT.—Not later than July 1, 2006, the Attor-
ney General, in consultation with the Office of Juvenile 
Justice and Delinquency Prevention, shall submit to Con-
gress a report on the activities carried out under this sec-
tion. The report shall include any recommendations that 
the Attorney General, in consultation with the Office, con-
siders appropriate. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Attorney General, 
for fiscal year 2006—
(1) $1,000,000 to carry out subsection (a); and 
(2) $2,000,000 to carry out subsection (b). 
Subtitle C—Children’s Safety 
Office 
SEC. 161. ESTABLISHMENT. 
There is hereby established within the Department 
of Justice, under the general authority of the Attorney 
General, a Children’s Safety Office. 
SEC. 162. PURPOSE. 
The purpose of the Office is to administer the sex 
offender registration program under subtitle A and to co-
ordinate with other departments, agencies, and offices in 
preventing sexual abuse of children, prosecuting child sex 
offenders, and tracking child abusers post-conviction. 
SEC. 163. DIRECTOR. 
(a) ADVICE AND CONSENT.—At the head of the Of-
fice shall be a Director, appointed by the President, by 
and with the advice and consent of the Senate. The Direc-
tor shall report directly to the Attorney General. 
(b) QUALIFICATIONS.—The Director shall be ap-
pointed from among distinguished individuals who have—
(1) proven academic, management, and leader-
ship credentials; 
(2) a superior record of achievement; and
(3) training or expertise in criminal law or the 
exploitation of children, or both. 
(c) DUTIES.—The Director shall have the following 
duties: 
(1) To maintain liaison with the judicial 
branches of the Federal and State Governments on 
matters relating to children’s safety from sex offend-
ers. 
(2) To provide information to the President, the 
Congress, the Judiciary, State and local govern-
ments, and the general public on matters relating to 
children’s safety from sex offenders. 
(3) To serve, when requested by the Attorney 
General, as the representative of the Department of 
Justice on domestic task forces, committees, or com-
missions addressing policy or issues relating to chil-
dren’s safety from sex offenders. 
(4) To provide technical assistance, coordina-
tion, and support to—
(A) other components of the Department 
of Justice, in efforts to develop policy and to 
enforce Federal laws relating to sexual assaults 
against children, including the litigation of civil 
and criminal actions relating to enforcing such 
laws; and
(B) other Federal, State, and local agen-
cies, in efforts to develop policy, provide tech-
nical assistance, and improve coordination 
among agencies carrying out efforts to elimi-
nate sexual assaults against children. 
(5) To exercise such other powers and functions 
as may be vested in the Director pursuant to this or 
any other Act or by delegation of the Attorney Gen-
eral in accordance with law. 
(6) To establish such rules, regulations, guide-
lines, and procedures as are necessary to carry out 
any function of the Office. 
(7) To oversee—
(A) the grant programs under subtitle A; 
and 
(B) any other grant programs of the De-
partment of Justice to the extent they relate to 
sexual assaults against children. 
SEC. 164. ANNUAL REPORT. 
Not later than 180 days after the end of each fiscal 
year for which grants are made under subtitle A, the At-
torney General shall submit to the Committee on the Judi-
ciary of the House of Representatives and the Committee 
on the Judiciary of the Senate a report that includes, for 
each State or other jurisdiction—
(1) the number of grants made and funds dis-
tributed under subtitle A; 
(2) a summary of the purposes for which those 
grants were provided and an evaluation of their 
progress; 
(3) a statistical summary of persons served, de-
tailing the nature of victimization, and providing 
data on age, sex, relationship of victim to offender, 
geographic distribution, race, ethnicity, language, 
and disability, and the membership of persons served 
in any underserved population; and 
(4) an evaluation of the effectiveness of pro-
grams funded under subtitle A. 
SEC. 165. STAFF. 
The Attorney General shall ensure that the Director 
has adequate staff to support the Director in carrying out 
the responsibilities of the Director. 
SEC. 166. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as are necessary to carry out this subtitle. 
SEC. 167. NONMONETARY ASSISTANCE. 
In addition to the assistance provided under subtitle 
A, the Attorney General may request any Federal agency 
to use its authorities and the resources granted to it under 
Federal law (including personnel, equipment, supplies, fa-
cilities, and managerial, technical, and advisory services) 
in support of State and local assistance efforts consistent 
with the purposes of this title. 
TITLE II—DNA FINGERPRINTING 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘DNA Fingerprinting 
Act of 2005’’. 
SEC. 202. EXPANDING USE OF DNA TO IDENTIFY AND PROS-
ECUTE SEX OFFENDERS. 
(a) EXPANSION
OF NATIONAL DNA INDEX SYS-
TEM.—Section 210304 of the DNA Identification Act of 
1994 (42 U.S.C. 14132) is amended—
(1) in subsection (a)(1)(C), by striking ‘‘, pro-
vided’’ and all that follows through ‘‘System’’; and 
(2) by striking subsections (d) and (e). 
(b) DNA SAMPLE COLLECTION FROM PERSONS AR-
RESTED OR DETAINED UNDER FEDERAL AUTHORITY.—
(1) IN GENERAL.—Section 3 of the DNA Anal-
ysis Backlog Elimination Act of 2000 (42 U.S.C. 
14135a) is amended—
(A) in subsection (a)—
(i) in paragraph (1), by striking ‘‘The 
Director’’ and inserting the following: 
‘‘(A) The Attorney General may, as pro-
vided by the Attorney General by regulation,
collect DNA samples from individuals who are 
arrested, detained, or convicted under the au-
thority of the United States. The Attorney Gen-
eral may delegate this function within the De-
partment of Justice as provided in section 510 
of title 28, United States Code, and may also 
authorize and direct any other agency of the 
United States that arrests or detains individ-
uals or supervises individuals facing charges to 
carry out any function and exercise any power 
of the Attorney General under this section. 
‘‘(B) The Director’’; and 
(ii) in paragraphs (3) and (4), by 
striking ‘‘Director of the Bureau of Pris-
ons’’ each place it appears and inserting 
‘‘Attorney General, the Director of the Bu-
reau of Prisons,’’; and 
(B) in subsection (b), by striking ‘‘Director 
of the Bureau of Prisons’’ and inserting ‘‘Attor-
ney General, the Director of the Bureau of 
Prisons,’’. 
(2) CONFORMING
AMENDMENT.—Subsections 
(b) and (c)(1)(A) of section 3142 of title 18, United 
States Code, are each amended by inserting ‘‘and 
subject to the condition that the person cooperate in
the collection of a DNA sample from the person if 
the collection of such a sample is authorized pursu-
ant to section 3 of the DNA Analysis Backlog Elimi-
nation Act of 2000 (42 U.S.C. 14135a)’’ after ‘‘pe-
riod of release’’. 
(c) TOLLING OF STATUTE OF LIMITATIONS IN SEX-
UAL ABUSE CASES.—Section 3297 of title 18, United 
States Code, is amended by striking ‘‘except for a felony 
offense under chapter 109A,’’. 
SEC. 203. STOPPING VIOLENT PREDATORS AGAINST CHIL-
DREN. 
In carrying out Acts of Congress relating to DNA 
databases, the Attorney General shall give appropriate 
consideration to the need for the collection and testing of 
DNA to stop violent predators against children. 
SEC. 204. MODEL CODE ON INVESTIGATING MISSING PER-
SONS AND DEATHS. 
(a) MODEL CODE REQUIRED.—Not later than 60 
days after the date of the enactment of this Act, the Attor-
ney General shall publish a model code setting forth proce-
dures to be followed by law enforcement officers when in-
vestigating a missing person or a death. The procedures 
shall include the use of DNA analysis to help locate miss-
ing persons and to help identify human remains.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that each State should, not later than 1 year after 
the date on which the Attorney General publishes the 
model code, enact laws implementing the model code. 
(c) GAO STUDY.—Not later than 2 years after the 
date on which the Attorney General publishes the model 
code, the Comptroller General shall submit to Congress 
a report on the extent to which States have implemented 
the model code. The report shall, for each State—
(1) describe the extent to which the State has 
implemented the model code; and 
(2) to the extent the State has not implemented 
the model code, describe the reasons why the State 
has not done so. 
TITLE III—PREVENTION AND DE-
TERRENCE 
OF 
CRIMES 
AGAINST CHILDREN ACT OF 
2005
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Prevention and Deter-
rence of Crimes Against Children Act of 2005’’.
SEC. 302. ASSURED PUNISHMENT FOR VIOLENT CRIMES 
AGAINST CHILDREN. 
(a) SPECIAL SENTENCING RULE.—Subsection (d) of 
section 3559 of title 18, United States Code, is amended 
to read as follows: 
‘‘(d) MANDATORY MINIMUM TERMS OF IMPRISON-
MENT
FOR VIOLENT CRIMES AGAINST CHILDREN.—A 
person who is convicted of a felony crime of violence 
against the person of an individual who has not attained 
the age of 18 years shall, unless a greater mandatory min-
imum sentence of imprisonment is otherwise provided by 
law and regardless of any maximum term of imprisonment 
otherwise provided for the offense—
‘‘(1) if the crime of violence results in the death 
of a person who has not attained the age of 18 
years, be sentenced to death or life in prison; 
‘‘(2) if the crime of violence is kidnapping, ag-
gravated sexual abuse, sexual abuse, or maiming, or 
results in serious bodily injury (as defined in section 
2119(2)) be imprisoned for life or any term of years 
not less than 30; 
‘‘(3) if the crime of violence results in bodily in-
jury (as defined in section 1365) or is an offense 
under paragraphs (1), (2), or (5) of section 2244(a), 
be imprisoned for life or for any term of years not 
less than 20;
‘‘(4) if a dangerous weapon was used during 
and in relation to the crime of violence, be impris-
oned for life or for any term of years not less than 
15; and 
‘‘(5) in any other case, be imprisoned for life or 
for any term of years not less than 10.’’. 
SEC. 303. ENSURING FAIR AND EXPEDITIOUS FEDERAL 
COLLATERAL REVIEW OF CONVICTIONS FOR 
KILLING A CHILD. 
(a) LIMITS ON CASES.—Section 2254 of title 28, 
United States Code, is amended by adding at the end the 
following: 
‘‘(j)(1) A court, justice, or judge shall not have juris-
diction to consider any claim relating to the judgment or 
sentence in an application described under paragraph (2), 
unless the applicant shows that the claim qualifies for con-
sideration on the grounds described in subsection (e)(2). 
Any such application that is presented to a court, justice, 
or judge other than a district court shall be transferred 
to the appropriate district court for consideration or dis-
missal in conformity with this subsection, except that a 
court of appeals panel must authorize any second or suc-
cessive application in conformity with section 2244 before 
any consideration by the district court.
‘‘(2) This subsection applies to an application for a 
writ of habeas corpus on behalf of a person in custody 
pursuant to the judgment of a State court for a crime 
that involved the killing of a individual who has not at-
tained the age of 18 years. 
‘‘(3) For an application described in paragraph (2), 
the following requirements shall apply in the district court: 
‘‘(A) Any motion by either party for an evi-
dentiary hearing shall be filed and served not later 
than 90 days after the State files its answer or, if 
no timely answer is filed, the date on which such an-
swer is due. 
‘‘(B) Any motion for an evidentiary hearing 
shall be granted or denied not later than 30 days 
after the date on which the party opposing such mo-
tion files a pleading in opposition to such motion or, 
if no timely pleading in opposition is filed, the date 
on which such pleading in opposition is due. 
‘‘(C) Any evidentiary hearing shall be—
‘‘(i) convened not less than 60 days after 
the order granting such hearing; and 
‘‘(ii) completed not more than 150 days 
after the order granting such hearing. 
‘‘(D) A district court shall enter a final order, 
granting or denying the application for a writ of ha-
beas corpus, not later than 15 months after the date 
on which the State files its answer or, if no timely 
answer is filed, the date on which such answer is 
due, or not later than 60 days after the case is sub-
mitted for decision, whichever is earlier. 
‘‘(E) If the district court fails to comply with 
the requirements of this paragraph, the State may 
petition the court of appeals for a writ of mandamus 
to enforce the requirements. The court of appeals 
shall grant or deny the petition for a writ of man-
damus not later than 30 days after such petition is 
filed with the court. 
‘‘(4) For an application described in paragraph (2), 
the following requirements shall apply in the court of ap-
peals: 
‘‘(A) A timely filed notice of appeal from an 
order issuing a writ of habeas corpus shall operate 
as a stay of that order pending final disposition of 
the appeal. 
‘‘(B) The court of appeals shall decide the ap-
peal from an order granting or denying a writ of ha-
beas corpus—
‘‘(i) not later than 120 days after the date 
on which the brief of the appellee is filed or, if
no timely brief is filed, the date on which such 
brief is due; or 
‘‘(ii) if a cross-appeal is filed, not later 
than 120 days after the date on which the ap-
pellant files a brief in response to the issues 
presented by the cross-appeal or, if no timely 
brief is filed, the date on which such brief is 
due. 
‘‘(C)(i) Following a decision by a panel of the 
court of appeals under subparagraph (B), a petition 
for panel rehearing is not allowed, but rehearing by 
the court of appeals en banc may be requested. The 
court of appeals shall decide whether to grant a peti-
tion for rehearing en banc not later than 30 days 
after the date on which the petition is filed, unless 
a response is required, in which case the court shall 
decide whether to grant the petition not later than 
30 days after the date on which the response is filed 
or, if no timely response is filed, the date on which 
the response is due. 
‘‘(ii) If rehearing en banc is granted, the court 
of appeals shall make a final determination of the 
appeal not later than 120 days after the date on 
which the order granting rehearing en banc is en-
tered.