I 
109TH CONGRESS 
1ST SESSION H. R. 3132
To make improvements to the national sex offender registration program, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 30, 2005
Mr. SENSENBRENNER (for himself, Mr. GREEN of Wisconsin, Mr. DELAY, Mr. 
FOLEY, Mr. CHABOT, Mr. POE, Ms. GINNY BROWN-WAITE of Florida, 
Mr. GILLMOR, Mr. POMEROY, Mr. CRAMER, and Mr. GRAVES) introduced 
the following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committee on Ways and Means, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To make improvements to the national sex offender 
registration program, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Children’s Safety Act of 2005’’. 
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
TITLE I—SEX OFFENDER REGISTRATION AND NOTIFICATION 
ACT 
Sec. 101. Short title. 
Sec. 102. Declaration of purpose. 
Subtitle A—Jacob Wetterling Sex Offender Registration and Notification 
Program 
Sec. 111. Relevant definitions, including Amie Zyla expansion of sex offender 
definition and expanded inclusion of child predators. 
Sec. 112. Registry requirements for jurisdictions. 
Sec. 113. Registry requirements for sex offenders. 
Sec. 114. Information required in registration. 
Sec. 115. Duration of registration requirement. 
Sec. 116. In person verification. 
Sec. 117. Duty to notify sex offenders of registration requirements and to reg-
ister. 
Sec. 118. Jessica Lunsford Address Verification Program. 
Sec. 119. National Sex Offender Registry. 
Sec. 120. Dru Sjodin National Sex Offender Public Website. 
Sec. 121. Public access to sex offender information through the Internet. 
Sec. 122. Megan Nicole Kanka and Alexandra Nicole Zapp Community Notifi-
cation Program. 
Sec. 123. Actions to be taken when sex offender fails to comply. 
Sec. 124. Immunity for good faith conduct. 
Sec. 125. Development and availability of registry management software. 
Sec. 126. Federal duty when State programs not minimally sufficient. 
Sec. 127. Period for implementation by jurisdictions. 
Sec. 128. Failure to comply. 
Sec. 129. Sex Offender Management Assistance (SOMA) Program. 
Sec. 130. Demonstration project for use of electronic monitoring devices. 
Sec. 131. National Center for Missing and Exploited Children access to Inter-
state Identification Index. 
Sec. 132. Limited immunity for National Center for Missing and Exploited 
Children with respect to CyberTipline. 
Subtitle B—Criminal Law Enforcement of Registration Requirements 
Sec. 151. Amendments to title 18, United States Code, relating to sex offender 
registration. 
Sec. 152. Investigation by United States Marshals of sex offender violations of 
registration requirements. 
Sec. 153. Sex offender apprehension grants. 
Sec. 154. Use of any controlled substance to facilitate sex offense. 
Sec. 155. Repeal of predecessor sex offender program. 
TITLE II—DNA FINGERPRINTING 
Sec. 201. Short title. 
Sec. 202. Expanding use of DNA to identify and prosecute sex offenders. 
Sec. 203. Stopping Violent Predators Against Children. 
Sec. 204. Model code on investigating missing persons and deaths. 
TITLE III—PREVENTION AND DETERRENCE OF CRIMES AGAINST 
CHILDREN ACT OF 2005
Sec. 301. Short title. 
Sec. 302. Assured punishment for violent crimes against children. 
Sec. 303. Ensuring fair and expeditious Federal collateral review of convictions 
for killing a child. 
TITLE IV—PROTECTION AGAINST SEXUAL EXPLOITATION OF 
CHILDREN ACT OF 2005
Sec. 401. Short title. 
Sec. 402. Increased penalties for sexual offenses against children. 
TITLE V—FOSTER CHILD PROTECTION AND CHILD SEXUAL 
PREDATOR DETERRENCE 
Sec. 501. Short title. 
Sec. 502. Requirement to complete background checks before approval of any 
foster or adoptive placement and to check national crime infor-
mation databases and state child abuse registries; suspension 
and subsequent elimination of opt-out. 
Sec. 503. Access to Federal crime information databases by child welfare agen-
cies for certain purposes. 
Sec. 504. Penalties for coercion and enticement by sex offenders. 
Sec. 505. Penalties for conduct relating to child prostitution. 
Sec. 506. Penalties for sexual abuse. 
Sec. 507. Sex offender submission to search as condition of release. 
Sec. 508. Kidnapping penalties and jurisdiction. 
Sec. 509. Marital communication and adverse spousal privilege. 
Sec. 510. Abuse and neglect of Indian children. 
Sec. 511. Civil commitment. 
Sec. 512. Mandatory penalties for sex-trafficking of children. 
Sec. 513. Sexual abuse of wards.
TITLE I—SEX OFFENDER REG-
ISTRATION 
AND 
NOTIFICA-
TION ACT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Sex Offender Reg-
istration and Notification Act’’. 
SEC. 102. DECLARATION OF PURPOSE. 
In response to the vicious attacks by violent sexual 
predators against the victims listed below, Congress in this 
Act establishes a comprehensive national system for the 
registration of sex offenders:
(1) Jacob Wetterling, who was 11 years old, 
was abducted in 1989 in Minnesota, and remains 
missing. 
(2) Megan Nicole Kanka, who was 7 years old, 
was abducted, sexually assaulted and murdered in 
1994, in New Jersey. 
(3) Pam Lychner, who was 31 years old, was 
attacked by a career offender in Houston, Texas. 
(4) Jetseta Gage, who was 10 years old, was 
kidnapped, sexually assaulted, and murdered in 
2005 in Cedar Rapids, Iowa. 
(5) Dru Sjodin, who was 22 years old, was sex-
ually assaulted and murdered in 2003, in North Da-
kota. 
(6) Jessica Lunsford, who was 9 years, was ab-
ducted, sexually assaulted, buried alive, and mur-
dered in 2005, in Homosassa, Florida. 
(7) Sarah Lunde, who was 13 years old, was 
strangled and murdered in 2005, in Ruskin, Florida. 
(8) Amie Zyla, who was 8 years old, was sexu-
ally assaulted in 1996 by a juvenile offender in 
Waukesha, Wisconsin, and has become an advocate 
for child victims and protection of children from ju-
venile sex offenders.
(9) Christy Ann Fornoff, who was 13 years old, 
was abducted, sexually assaulted and murdered in 
1984, in Tempe, Arizona. 
(10) Alexandra Nicole Zapp, who was 30 years 
old, was brutally attacked and murdered in a public 
restroom by a repeat sex offender in 2002, in 
Bridgewater, Massachusetts. 
Subtitle A—Jacob Wetterling Sex 
Offender Registration and Noti-
fication Program 
SEC. 111. RELEVANT DEFINITIONS, INCLUDING AMIE ZYLA 
EXPANSION OF SEX OFFENDER DEFINITION 
AND EXPANDED INCLUSION OF CHILD PRED-
ATORS. 
In this title the following definitions apply: 
(1) SEX OFFENDER REGISTRY.—The term ‘‘sex 
offender registry’’ means a registry of sex offenders, 
and a notification program, maintained by a juris-
diction. 
(2) 
JURISDICTION.—The 
term 
jurisdiction 
means any of the following: 
(A) A State. 
(B) The District of Columbia. 
(C) The Commonwealth of Puerto Rico. 
(D) Guam.
(E) American Somoa. 
(F) Northern Mariana Islands. 
(G) The United States Virgin Islands. 
(H) A federally recognized Indian tribe. 
(3) AMIE ZYLA EXPANSION OF SEX OFFENDER 
DEFINITION.—The term ‘‘sex offender’’ means an 
individual who, either before or after the enactment 
of this Act, was convicted of, or adjudicated a juve-
nile delinquent for, an offense (other than an offense 
involving sexual conduct where the victim was at 
least 13 years old and the offender was not more 
than 4 years older than the victim and the sexual 
conduct was consensual, or an offense consisting of 
consensual sexual conduct with an adult) whether 
Federal, State, local, tribal, foreign (other than an 
offense based on conduct that would not be a crime 
if the conduct took place in the United States), mili-
tary, juvenile or other, that is—
(A) a specified offense against a minor; 
(B) a serious sex offense; or 
(C) a misdemeanor sex offense against a 
minor. 
(4) EXPANSION OF DEFINITION OF OFFENSE 
TO
INCLUDE
ALL
CHILD
PREDATORS.—The term 
‘‘specified offense against a minor’’ means an of-
fense against a minor that involves any of the fol-
lowing: 
(A) Kidnapping (unless committed by a 
parent). 
(B) False imprisonment (unless committed 
by a parent). 
(C) Solicitation to engage in sexual con-
duct. 
(D) Use in a sexual performance. 
(E) Solicitation to practice prostitution. 
(F) Possession, production, or distribution 
of child pornography. 
(G) Criminal sexual conduct towards a 
minor. 
(H) Any conduct that by its nature is a 
sexual offense against a minor. 
(I) Any other offense designated by the At-
torney General for inclusion in this definition. 
(J) Any attempt or conspiracy to commit 
an offense described in this paragraph. 
(5) SEX
OFFENSE.—The term ‘‘sex offense’’ 
means a criminal offense that has an element involv-
ing sexual act or sexual contact with another, or an 
attempt or conspiracy to commit such an offense.
(6) SERIOUS SEX OFFENSE.—The term ‘‘seri-
ous sex offense’’ means—
(A) a sex offense punishable under the law 
of a jurisdiction by imprisonment for more than 
one year; 
(B) any Federal offense under chapter 
109A, 110, 117, or section 1591 of title 18, 
United States Code; 
(C) an offense in a category specified by 
the 
Secretary 
of 
Defense 
under 
section 
115(a)(8)(C) of title I of Public Law 105–119 
(10 U.S.C. 951 note); 
(D) any other offense designated by the 
Attorney General for inclusion in this definition. 
(7) MISDEMEANOR
SEX
OFFENSE
AGAINST
A 
MINOR.— The term ‘‘misdemeanor sex offense 
against a minor’’ means a sex offense against a 
minor punishable by imprisonment for not more 
than one year. 
(8) STUDENT.—The term ‘‘student’’ means an 
individual who enrolls or attends an educational in-
stitution, including (whether public or private) a sec-
ondary school, trade or professional school, and in-
stitution of higher education.
(9) EMPLOYEE.—The term ‘‘employee’’ includes 
an individual who is self-employed or works for any 
other entity, whether compensated or not. 
(10) RESIDES.—The term ‘‘resides’’ means, 
with respect to an individual, the location of the in-
dividual’s home or other place where the individual 
lives. 
(11) MINOR.—The term ‘‘minor’’ means an in-
dividual who has not attained the age of 18 years. 
SEC. 112. REGISTRY REQUIREMENTS FOR JURISDICTIONS. 
Each jurisdiction shall maintain a jurisdiction-wide 
sex offender registry conforming to the requirements of 
this title. The Attorney General shall issue and interpret 
guidelines to implement the requirements and purposes of 
this title. 
SEC. 113. REGISTRY REQUIREMENTS FOR SEX OFFENDERS. 
(a) IN GENERAL.—A sex offender must register, and 
keep the registration current, in each jurisdiction where 
the offender resides, where the offender is an employee, 
and where the offender is a student. 
(b) INITIAL REGISTRATION.—The sex offender shall 
initially register—
(1) before completing a sentence of imprison-
ment with respect to the offense giving rise to the 
registration requirement; or
(2) not later than 5 days after being sentenced 
for that offense, if the sex offender is not sentenced 
to a term of imprisonment. 
(c) KEEPING THE REGISTRATION CURRENT.—A sex 
offender must inform each jurisdiction involved, not later 
than 5 days after each change of residence, employment, 
or student status. 
(d) RETROACTIVE DUTY TO REGISTER.—The Attor-
ney General shall prescribe a method for the registration 
of sex offenders convicted before the enactment of this 
Act. 
(e) STATE PENALTY FOR FAILURE TO COMPLY.—
Each jurisdiction shall provide a criminal penalty, that in-
cludes a maximum term of imprisonment that is greater 
than one year, for the failure of a sex offender to comply 
with the requirements of this title. 
SEC. 114. INFORMATION REQUIRED IN REGISTRATION. 
(a) PROVIDED
BY
THE OFFENDER.—The sex of-
fender must provide the following information to the ap-
propriate official for inclusion in the sex offender registry: 
(1) The name of the sex offender (including any 
alias used by the individual). 
(2) The Social Security number of the sex of-
fender.
(3) The address and location of the residence at 
which the sex offender resides or will reside. 
(4) The place where the sex offender is em-
ployed or will be employed. 
(5) The place where the sex offender is a stu-
dent or will be a student. 
(6) The license plate number of any vehicle 
owned or operated by the sex offender. 
(7) A photograph of the sex offender. 
(8) A set of fingerprints and palm prints of the 
sex offender, if the appropriate official determines 
that the jurisdiction does not already have available 
an accurate set. 
(9) A DNA sample of the sex offender, if the 
appropriate official determines that the jurisdiction 
does not already have available an appropriate DNA 
sample. 
(10) Any other information required by the At-
torney General. 
(b) PROVIDED BY THE JURISDICTION.—The jurisdic-
tion in which the sex offender registers shall include the 
following information in the registry for that sex offender: 
(1) A statement of the facts of the offense giv-
ing rise to the requirement to register under this 
title.
(2) The criminal history of the sex offender. 
(3) Any other information required by the At-
torney General. 
SEC. 115. DURATION OF REGISTRATION REQUIREMENT. 
A sex offender shall keep the registration current—
(1) for the life of the sex offender, if the offense 
is a specified offense against a minor, a serious sex 
offense, or a second misdemeanor sex offense 
against a minor; and 
(2) for a period of 20 years, in any other case. 
SEC. 116. IN PERSON VERIFICATION. 
A sex offender shall appear in person and verify the 
information in each registry in which that offender is re-
quired to be registered not less frequently than once every 
six months. 
SEC. 117. DUTY TO NOTIFY SEX OFFENDERS OF REGISTRA-
TION REQUIREMENTS AND TO REGISTER. 
An appropriate official shall, shortly before release 
from custody of the sex offender, or, if the sex offender 
is not in custody, immediately after the sentencing of the 
sex offender, for the offense giving rise to the duty to reg-
ister—
(1) inform the sex offender of the duty to reg-
ister and explain that duty;
(2) require the sex offender to read and sign a 
form stating that the duty to register has been ex-
plained and that the sex offender understands the 
registration requirement; and 
(3) ensure that the sex offender is registered. 
SEC. 118. JESSICA LUNSFORD ADDRESS VERIFICATION 
PROGRAM. 
(a) ESTABLISHMENT.—There is established the Jes-
sica Lunsford Address Verification Program (hereinafter 
in this section referred to as the ‘‘Program’’). 
(b) VERIFICATION.—In the Program, an appropriate 
official shall verify the residence of each registered sex of-
fender not less than monthly or, in the case of a sex of-
fender required to register because of a misdemeanor sex 
offense against a minor, not less than quarterly. 
(c) USE
OF MAILED FORM AUTHORIZED.—Such 
verification may be achieved by mailing a nonforwardable 
verification form to the last known address of the sex of-
fender. The date of the mailing may be selected at ran-
dom. The sex offender must return the form, including 
a notarized signature, within a set period of time. A failure 
to return the form as required may be a failure to register 
for the purposes of this title.
SEC. 119. NATIONAL SEX OFFENDER REGISTRY. 
The Attorney General shall maintain a national data-
base at the Federal Bureau of Investigation for each sex 
offender and other person required to register in a juris-
diction’s sex offender registry. The database shall be 
known as the National Sex Offender Registry. 
SEC. 120. DRU SJODIN NATIONAL SEX OFFENDER PUBLIC 
WEBSITE. 
(a) ESTABLISHMENT.—There is established the Dru 
Sjodin National Sex Offender Public Website (hereinafter 
referred to as the ‘‘Website’’). 
(b) INFORMATION TO BE PROVIDED.—The Attorney 
General shall maintain the Website as a site on the Inter-
net which allows the public to obtain relevant information 
for each sex offender by a single query in a form estab-
lished by the Attorney General. 
(c) ELECTRONIC FORWARDING.—The Attorney Gen-
eral shall ensure (through the National Sex Offender Reg-
istry or otherwise) that updated information about a sex 
offender is immediately transmitted by electronic for-
warding to all relevant jurisdictions, unless the Attroney 
General determines that each jurisdiction has so modified 
its sex offender registry and notification program that 
there is no longer a need for the Attorney General to do.
SEC. 121. PUBLIC ACCESS TO SEX OFFENDER INFORMA-
TION THROUGH THE INTERNET. 
Each jurisdiction shall make available on the Internet 
all information about each sex offender in the registry, ex-
cept for the offender’s Social Security number, the identity 
of any victim, and any other information exempted from 
disclosure by the Attorney General. The jurisdiction shall 
provide this information in a manner that is readily acces-
sible to the public. 
SEC. 122. MEGAN NICOLE KANKA AND ALEXANDRA NICOLE 
ZAPP COMMUNITY NOTIFICATION PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—There is estab-
lished the Megan Nicole Kanka and Alexandra Nicole 
Zapp Community Program (hereinafter in this section re-
ferred to as the ‘‘Program’’). 
(b) NOTIFICATION.—In the Program, as soon as pos-
sible, and in any case not later than 5 days after a sex 
offender registers or updates a registration, an appro-
priate official in the jurisdiction shall provide the informa-
tion in the registry (other than information exempted from 
disclosure by the Attorney General) about that offender 
to the following: 
(1) The Attorney General, who shall include 
that information in the National Sex Offender Reg-
istry.
(2) Appropriate law enforcement agencies (in-
cluding probation agencies, if appropriate), and each 
school and public housing agency, in each area in 
which the individual resides, is employed, or is a stu-
dent. 
(3) Each jurisdiction from or to which a change 
of residence, work, or student status occurs. 
(4) Any agency responsible for conducting em-
ployment-related background checks under section 3 
of the National Child Protection Act of 1993 (42 
U.S.C. 5119a). 
(5) Social service entities responsible for pro-
tecting minors in the child welfare system. 
(6) Volunteer organizations in which contact 
with minors or other vulnerable individuals might 
occur. 
SEC. 123. ACTIONS TO BE TAKEN WHEN SEX OFFENDER 
FAILS TO COMPLY. 
An appropriate official shall notify the Attorney Gen-
eral and appropriate State and local law enforcement 
agencies of any failure by a sex offender to comply with 
the requirements of a registry. The appropriate official, 
the Attorney General, and each such State and local law 
enforcment agency shall take any appropriate action to en-
sure compliance.
SEC. 124. IMMUNITY FOR GOOD FAITH CONDUCT. 
Law enforcement agencies, employees of law enforce-
ment agencies and independent contractors acting at the 
direction of such agencies, and officials of jurisdictions 
and other political subdivisions shall not be civilly or crimi-
nally liable for good faith conduct under this title. 
SEC. 125. DEVELOPMENT AND AVAILABILITY OF REGISTRY 
MANAGEMENT SOFTWARE. 
The Attorney General shall develop and support soft-
ware for use to establish, maintain, publish, and share sex 
offender registries. 
SEC. 126. FEDERAL DUTY WHEN STATE PROGRAMS NOT 
MINIMALLY SUFFICIENT. 
If the Attorney General determines that a jurisdiction 
does not have a minimally sufficient sex offender registra-
tion program, the Department of Justice shall, to the ex-
tent practicable, carry out the duties imposed on that ju-
risdiction by this title. 
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 a one-year 
extension 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. 
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) 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. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary. 
SEC. 131. 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. 132. 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 for damages directly re-
lated to the performance of its CyberTipline respon-
sibilities and functions 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.’’. 
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
‘‘2250. Failure to register.
‘‘§ 2250. Failure to register 
‘‘Whoever receives a notice from an official that such 
person is required to register under the Sex Offender Reg-
istration 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 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. Sexual offender and crimes against children reg-
istry ............................................................................. 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, then the term 
of imprisonment imposed under this section shall be not 
less than 5 years nor more than 20 years.’’