I 
109TH CONGRESS 
1ST SESSION H. R. 3107 
To protect against child predators and trafficking in persons. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 29, 2005 
Ms. HARRIS introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To protect against child predators and trafficking in persons. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as ‘‘Carlie’s Law’’. 
SEC. 2. COORDINATION AMONG DEPARTMENT OF STATE, 
DEPARTMENT OF HOMELAND SECURITY, AND 
FEDERAL BUREAU OF INVESTIGATION TO 
MONITOR OVERSEAS SEX OFFENDERS UPON 
RETURN TO THE UNITED STATES. 
(a) STATE DEPARTMENT TO NOTIFY CUSTOMS AND 
BORDER PROTECTION AGENTS.—Whenever it is made 
known to the Secretary of State that a citizen of the
United States has been convicted outside the United 
States of a child predatory crime— 
(1) the Secretary of State shall promptly notify 
the Secretary of Homeland Security of the convic-
tion of that individual; and 
(2) the Secretary of Homeland Security shall 
ensure that the information relating to the convic-
tion is available to, and used by, agents of the Bu-
reau of Customs and Border Protection. 
(b) CUSTOMS AND BORDER PROTECTION AGENTS TO 
NOTIFY FBI.—Whenever it is made known to an agent 
of the Bureau of Customs and Border Protection that a 
citizen of the United States, who has been convicted out-
side the United States of a child predatory crime, has en-
tered the United States— 
(1) the Secretary of Homeland Security shall 
promptly notify the Director of the Federal Bureau 
of Investigation of the entry of that citizen; and 
(2) the Director of the Federal Bureau of In-
vestigation shall ensure that the information relating 
to the entry of that citizen is promptly entered into 
the National Sex Offender Registry. 
(c) DEFINITION.—In this section, the term ‘‘child 
predatory crime’’ includes—
(1) any crime under which a child is exploited 
for sexual purposes, such as molestation, rape, fond-
ling, or trafficking; and 
(2) any felony in which a child is the victim. 
SEC. 3. EXPANSION OF NATIONAL SEX OFFENDER REG-
ISTRY TO INCLUDE INDIVIDUALS CONVICTED 
OF EXPLOITATION OR TRAFFICKING. 
Section 170101 of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 14071) is 
amended in subsection (a)(3)(A)— 
(1) by striking ‘‘or’’ at the end of clause (viii); 
(2) by redesignating clause (ix) as clause (xi); 
(3) by inserting after clause (viii) the following 
new clauses: 
‘‘(ix) exploitation of a minor; 
‘‘(x) trafficking in persons with re-
spect to a minor; or’’; and 
(4) in clause (xi), as so redesignated, by strik-
ing ‘‘clauses (i) through (vii)’’ and inserting ‘‘clauses 
(i) through (x)’’. 
SEC. 4. CRIMINAL FORFEITURE OF PROPERTY OF PERSONS 
CONVICTED OF EXPLOITATION OR TRAF-
FICKING. 
(a) 
PROPERTY
SUBJECT
TO
CRIMINAL
FOR-
FEITURE.—Any person convicted of a violation of a Fed-
eral law relating to exploitation or trafficking in persons 
shall forfeit to the United States, irrespective of any provi-
sion of State law— 
(1) any property constituting, or derived from, 
any proceeds the person obtained, directly or indi-
rectly, as the result of such violation; and 
(2) any of the person’s property used, or in-
tended to be used, in any manner or part, to com-
mit, or to facilitate the commission of, such viola-
tion. 
(b) COURT ORDER.—The court, in imposing sentence 
on such person, shall order, in addition to any other sen-
tence imposed for that offense, that the person forfeit to 
the United States all property described in subsection (a). 
In lieu of a fine otherwise authorized for that offense, a 
defendant who derives profits or other proceeds from an 
offense may be fined not more than twice the gross profits 
or other proceeds. 
(c) INCORPORATION OF CRIMINAL FORFEITURE PRO-
VISIONS OF CONTROLLED SUBSTANCES ACT.—The fol-
lowing provisions of section 413 of the Controlled Sub-
stances Act (21 U.S.C. 853) apply to a conviction referred 
to in subsection (a): Subsections (b) through (i) and sub-
sections (k) through (p).
(d) COMPARABLE STATE FORFEITURE LAWS.—Each 
State shall have in effect laws and policies comparable to 
the laws and policies in this section. A State that, as deter-
mined by the Attorney General, fails to have in effect such 
laws and policies shall not receive any grant amounts or 
other assistance under any program of the Department 
of Justice. 
SEC. 5. ELECTRONIC SURVEILLANCE OF INDIVIDUALS CON-
VICTED OF A CRIMINAL OFFENSE AGAINST A 
MINOR AGE 12 OR UNDER. 
(a) SURVEILLANCE REQUIRED.—Any person con-
victed of a criminal offense against a victim who is a minor 
(as defined in section 170101 of the Violent Crime Control 
and Law Enforcement Act of 1994) shall, if the minor 
was age 12 or under, be subject to electronic surveillance 
for the life of the person, except as provided in this sec-
tion. 
(b) EXCEPTIONS.— 
(1) DURING
PERIOD
OF
IMPRISONMENT.—A 
person shall not be subject to electronic surveillance 
under subsection (a) during a period of imprison-
ment. 
(2) AFTER DETERMINED TO BE NO LONGER A 
THREAT TO COMMUNITY.—After a person has com-
pleted any period of imprisonment, probation, pa-
role, or supervised release, and has completed any 
mandatory counseling, an appropriate official shall 
periodically assess, in an appropriate proceeding, 
whether the person no longer presents a threat to 
the community. If the official so determines, and 
that determination becomes final, the person shall 
not be subject to electronic surveillance under sub-
section (a) thereafter. 
(c) OFFICIALS RESPONSIBLE.—The United States 
Marshals Service and the Bureau of Prisons shall be re-
sponsible for carrying out the electronic surveillance re-
quired by this section. 
(d) TYPE OF SURVEILLANCE.—Surveillance required 
by this section shall be carried out using devices approved 
by the United States Marshals Service. 
(e) COMPARABLE
STATE
ELECTRONIC
SURVEIL-
LANCE LAWS.—Each State shall have in effect laws and 
policies comparable to the laws and policies in this section. 
A State that, as determined by the Attorney General, fails 
to have in effect such laws and policies shall not receive 
any grant amounts or other assistance under any program 
of the Department of Justice.
SEC. 6. RECLASSIFICATION OF TRAFFICKING IN PERSONS 
AS CRIME OF VIOLENCE UNDER FEDERAL 
SENTENCING GUIDELINES. 
Pursuant to its authority under section 994(p) of title 
28, United States Code, the United States Sentencing 
Commission shall amend the Federal Sentencing Guide-
lines to provide for trafficking in persons to be treated 
as a crime of violence. 
SEC. 7. REVOCATION OF PROBATION OR SUPERVISED RE-
LEASE. 
(a) PROBATION.—Section 3565(b) of title 18, United 
States Code, is amended— 
(1) in paragraph (3) by striking ‘‘or’’ at the 
end; and 
(2) by inserting after paragraph (4) the fol-
lowing new paragraphs: 
‘‘(5) commits a felony crime of violence; or 
‘‘(6) commits a crime of violence against, or an 
offense that consists of or is intended to facilitate 
unlawful sexual contact (as defined in section 2246) 
with, a person who has not attained the age of 16 
years;’’. 
(b) SUPERVISED RELEASE.—Section 3583(g) of title 
18, United States Code, is amended— 
(1) in paragraph (3) by striking ‘‘or’’ at the 
end; and
(2) by inserting after paragraph (4) the fol-
lowing new paragraphs: 
‘‘(5) commits a felony crime of violence; or 
‘‘(6) commits a crime of violence against, or an 
offense that consists of or is intended to facilitate 
unlawful sexual contact (as defined in section 2246) 
with, a person who has not attained the age of 16 
years;’’. 
SEC. 8. STANDARDIZATION OF INFORMATION IN NATIONAL 
SEX OFFENDER REGISTRY. 
(a) STANDARDIZATION REQUIRED.—The Attorney 
General shall prescribe regulations that specify the fields 
of information used in the National Sex Offender Reg-
istry. The Attorney General shall ensure that each State 
or other entity that provides information to the National 
Sex Offender Registry provides, to the maximum extent 
practicable, all the information specified in the regula-
tions. 
(b) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Attorney General shall 
submit to Congress a report on the regulations required 
by subsection (a).
SEC. 9. FORFEITURE OF PROPERTY BY PERSONS CON-
VICTED OF TRAFFICKING IN PERSONS. 
(a) IN GENERAL.—Chapter 117 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 2428. Forfeiture 
‘‘(a) FORFEITURE REQUIRED.—The court, in impos-
ing sentence on any person convicted of a violation of this 
chapter, shall order, in addition to any other sentence im-
posed and irrespective of any provision of State law, that 
such person shall forfeit to the United States— 
‘‘(1) such person’s interest in any property, real 
or personal, that was used or intended to be used to 
commit or to facilitate the commission of such viola-
tion; and 
‘‘(2) any property, real or personal, constituting 
or derived from, any proceeds that such person ob-
tained, directly or indirectly, as a result of such vio-
lation. 
‘‘(b) PROPERTY SUBJECT TO FORFEITURE.— 
‘‘(1) IN GENERAL.—The following shall be sub-
ject to forfeiture to the United States and no prop-
erty right shall exist in them: 
‘‘(A) Any property, real or personal, used 
or intended to be used to commit or to facilitate 
the commission of any violation of this chapter.
‘‘(B) Any property, real or personal, which 
constitutes or is derived from proceeds traceable 
to any violation of this chapter. 
‘‘(2) RELATIONSHIP TO CHAPTER 46.—The pro-
visions of chapter 46 of this title relating to civil for-
feitures shall extend to any seizure or civil forfeiture 
under this subsection.’’. 
(b) TECHNICAL AMENDMENT.—The chapter analysis 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘2428. Forfeiture.’’. 
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