I 
111TH CONGRESS 
1ST SESSION H. R. 2674 
To protect children from sex offenders. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 3, 2009 
Mr. POE of Texas (for himself, Mr. GALLEGLY, and Mr. CARTER) introduced 
the following bill; which was referred to the Committee on the Judiciary 
A BILL 
To protect children from sex offenders. 
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 the ‘‘Protecting America’s 
Children Act of 2009’’. 
SEC. 2. BYRNE GRANT FUNDING CONDITIONED ON CER-
TIFICATION 
OF 
CERTAIN 
PRE-TRIAL 
RE-
LEASE PROTECTIONS. 
(a) LIMITATION ON FUNDING.— 
(1) BYRNE
GRANTS
RESTRICTED.—Notwith-
standing any other provision of law, the Attorney 
General shall not provide any funds authorized 
VerDate Nov 24 2008 
04:28 Jun 04, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2674.IH
H2674
jbell on PROD1PC69 with BILLS
under 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 characterized as the 
Edward Byrne Memorial Justice Assistance Grant 
Program, the Edward Byrne Memorial State and 
Local Law Enforcement Assistance Programs, the 
Local Government Law Enforcement Block Grants 
Program, or otherwise) to any State or unit of local 
government for any fiscal year for which the State 
or unit of local government, respectively, fails to 
meet the requirement under subsection (b). 
(2) REALLOCATION.—Amounts not allocated 
under 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.) to a State or unit of local gov-
ernment for failure to meet the requirement under 
subsection (b) shall be reallocated under that sub-
part to States and units of local government that 
have not failed to meet such requirement. 
(b) REQUIREMENT TO PROVIDE CERTIFICATION OF 
PRE-TRIAL RELEASE PROTECTIONS.—For purposes of 
subsection (a)(1), the chief executive officer of a State or 
unit of local government shall submit to the Attorney Gen-
eral for a fiscal year a certification, in accordance with 
such form, manner, and time as specified by the Attorney 
VerDate Nov 24 2008 
04:28 Jun 04, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2674.IH
H2674
jbell on PROD1PC69 with BILLS
General, that the laws of the State or unit of local govern-
ment, respectively, provide adequate protection against the 
pre-trial release of individuals described in subsection 
(c)(1). For purposes of the previous sentence, in order to 
demonstrate adequate protection the certification must 
provide that the laws of the State or unit of local govern-
ment, respectively, provide for at least the measures de-
scribed in subsection (c). 
(c) PRE-TRIAL RELEASE MEASURES DESCRIBED.— 
For purposes of subsection (b), the measures described in 
this subsection, with respect to a State or unit of local 
government, are the following: 
(1) A measure that authorizes an appropriate 
judicial officer of the State or unit of local govern-
ment, respectively, to conduct a pre-trial detention 
hearing with respect to any individual— 
(A) who at the time of the hearing is 
charged with a State or local offense for con-
duct that, if the conduct had occurred in the 
special maritime and territorial jurisdiction of 
the United States would constitute an offense 
under section 1201, 2241, 2243, or 2245, or 
chapter 109B or 110, of title 18, United States 
Code; and 
VerDate Nov 24 2008 
04:28 Jun 04, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2674.IH
H2674
jbell on PROD1PC69 with BILLS
(B) who poses a serious risk (as deter-
mined by such judicial officer) of— 
(i) fleeing; 
(ii) obstructing justice or attempting 
to obstruct justice; or 
(iii) 
threatening, 
injuring, 
intimi-
dating, or attempting to threaten, injure, 
or intimidate a potential witness, judge, 
magistrate, or juror involved. 
(2) A measure that provides that an individual 
described in paragraph (1) shall be detained prior to 
trial for the period beginning at presentment and 
ending on either the last day of the pre-trial deten-
tion hearing involved or the last day of any continu-
ance period, whichever is later. 
(d) EFFECTIVE DATE; TRANSITION.—Subsection (a) 
shall apply to funds authorized under 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.) for the first fiscal 
year beginning after two years after the date of the enact-
ment of this Act, and for each subsequent fiscal year. To 
be eligible for any funds authorized under such subpart 
for a fiscal year beginning after the date of the enactment 
of this Act and before such first fiscal year, a State or 
unit of local government shall submit to the Attorney Gen-
VerDate Nov 24 2008 
04:28 Jun 04, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2674.IH
H2674
jbell on PROD1PC69 with BILLS
eral a certification that the State or unit of local govern-
ment, respectively, has made reasonable efforts to ensure 
that the State or unit of local government, respectively, 
will meet the requirement under subsection (a)(1) by the 
first day of such first fiscal year. 
Æ 
VerDate Nov 24 2008 
04:28 Jun 04, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H2674.IH
H2674
jbell on PROD1PC69 with BILLS