IB 
109TH CONGRESS 
1ST SESSION H. R. 3132 
[Report No. 109–218, Part 1] 
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 
SEPTEMBER 9, 2005 
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
SEPTEMBER 9, 2005 
Additional sponsors: Mr. ROYCE, Mr. PENCE, Mr. FRANKS of Arizona, Mr. 
FORBES, Mr. BURTON of Indiana, Mr. JINDAL, Mr. BACHUS, Mr. 
FEENEY, Mr. BOSWELL, Mr. BAKER, Miss MCMORRIS, Mr. JENKINS, 
Mr. KELLER, Mr. SMITH of Texas, Mr. PORTER, Mr. PETERSON of Min-
nesota, Mr. GALLEGLY, Mr. KENNEDY of Minnesota, Ms. HERSETH, Mr. 
BOUSTANY, Mr. TERRY, Mr. KUHL of New York, Ms. GRANGER, Mr. 
WILSON of South Carolina, Mr. SHAW, Ms. HART, Mr. GOODE, Mr. 
LATHAM, Mr. GARY G. MILLER of California, Ms. PRYCE of Ohio, Mr. 
GENE GREEN of Texas, Mr. OSBORNE, Mr. WOLF, Mr. REICHERT, Mr. 
REYNOLDS, Mrs. CAPITO, Mr. REHBERG, Mr. SMITH of New Jersey, Mr. 
CANNON, Mr. KLINE, Mr. CANTOR, Mr. ALEXANDER, Mr. ROSS, Mr. 
KING of New York, Mr. KING of Iowa, Mr. ROGERS of Alabama, Mr. 
CHANDLER, Mr. SCHIFF, Mr. WESTMORELAND, Ms. HARRIS, Mr. 
LOBIONDO, Mr. WELDON of Pennsylvania, Mr. SOUDER, Mr. PICKERING, 
Mr. COBLE, Mr. PRICE of Georgia, Mr. WHITFIELD, Mr. BOOZMAN, Mr. 
MCHUGH, Mrs. MILLER of Michigan, Mr. DAN LUNGREN of California, 
Mr. BOEHLERT, Ms. SCHAKOWSKY, Mr. PUTNAM, Mr. BARROW, Mr. GIB-
BONS, Mr. WALDEN of Oregon, Mr. MOORE of Kansas, Mr. NORWOOD, 
Mr. FOSSELLA, Mr. MCINTYRE, Mr. RYAN of Wisconsin, Mr. MCCAUL 
of Texas, Mr. HASTINGS of Washington, Ms. ZOE LOFGREN of California, 
Mr. CALVERT, Mr. SMITH of Washington, and Mr. SESSIONS 
SEPTEMBER 9, 2005 
Committee on Ways and Means discharged; committed to the Committee of 
the Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on June 30, 2005] 
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 def-
inition 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 register. 
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 Notifica-
tion 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. Bonus payments to States that implement electronic monitoring. 
Sec. 132. National Center for Missing and Exploited Children access to Interstate 
Identification Index. 
Sec. 133. Limited immunity for National Center for Missing and Exploited Chil-
dren 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 reg-
istration. 
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 fos-
ter or adoptive placement and to check national crime informa-
tion databases and state child abuse registries; suspension and 
subsequent elimination of opt-Out.
Sec. 503. Access to Federal crime information databases by child welfare agencies 
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 Registra-
tion 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 reg-
istration 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 at-
tacked by a career offender in Houston, Texas.
(4) Jetseta Gage, who was 10 years old, was kid-
napped, sexually assaulted, and murdered in 2005 in 
Cedar Rapids, Iowa. 
(5) Dru Sjodin, who was 22 years old, was sexu-
ally assaulted and murdered in 2003, in North Da-
kota. 
(6) Jessica Lunsford, who was 9 years, was ab-
ducted, sexually assaulted, buried alive, and murdered 
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 juvenile 
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 Bridge-
water, 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 in-
dividual who, either before or after the enactment of
this Act, was convicted of, or adjudicated a juvenile 
delinquent for, an offense (other than an offense in-
volving 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), military, 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 ‘‘speci-
fied offense against a minor’’ means an offense 
against a minor that involves any of the following: 
(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 ‘‘serious 
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 At-
torney 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 pun-
ishable 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 insti-
tution 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 individ-
ual’s home or other place where the individual lives. 
(11) MINOR.—The term ‘‘minor’’ means an indi-
vidual 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 guide-
lines 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 imprisonment 
with respect to the offense giving rise to the registra-
tion 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 of-
fender 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 Attorney 
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 includes 
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 offender 
must provide the following information to the appropriate 
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 employed 
or will be employed. 
(5) The place where the sex offender is a student 
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 ap-
propriate official determines that the jurisdiction does 
not already have available an appropriate DNA sam-
ple. 
(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 fol-
lowing information in the registry for that sex offender: 
(1) A statement of the facts of the offense giving 
rise to the requirement to register under this title. 
(2) The criminal history of the sex offender. 
(3) Any other information required by the Attor-
ney 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 register— 
(1) inform the sex offender of the duty to register 
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 reg-
istration requirement; and 
(3) ensure that the sex offender is registered. 
SEC. 118. JESSICA LUNSFORD ADDRESS VERIFICATION 
PROGRAM. 
(a) ESTABLISHMENT.—There is established the Jessica 
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 offender
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 random. 
The sex offender must return the form, including a nota-
rized 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 jurisdic-
tion’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 Internet 
which allows the public to obtain relevant information for
each sex offender by a single query in a form established 
by the Attorney General. 
(c) ELECTRONIC FORWARDING.—The Attorney General 
shall ensure (through the National Sex Offender Registry 
or otherwise) that updated information about a sex offender 
is immediately transmitted by electronic forwarding to all 
relevant jurisdictions, unless the Attroney General deter-
mines 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 INFORMATION 
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 referred 
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 appropriate 
official in the jurisdiction shall provide the information in 
the registry (other than information exempted from disclo-
sure by the Attorney General) about that offender to the 
following: 
(1) The Attorney General, who shall include that 
information in the National Sex Offender Registry. 
(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 agen-
cies of any failure by a sex offender to comply with the 
requirements of a registry. The appropriate official, the At-
torney 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 criminally 
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 extent
practicable, carry out the duties imposed on that jurisdic-
tion 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 characterized as the 
Edward Byrne Memorial State and Local Law En-
forcement Assistance Programs, the Edward Byrne 
Memorial Justice Assistance Grant Program, or oth-
erwise. 
(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 Assistance 
program (in this title referred to as the ‘‘SOMA program’’) 
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 General, 
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 deter-
mination. 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 available 
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 demonstrate the 
extent to which electronic monitoring devices can be used 
effectively in a sex offender management program. 
(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 programs 
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 participate 
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 require-
ments. 
(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 activi-
ties, and contain any other information or recommenda-
tions that the Attorney General considers appropriate. 
(g) 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 POLICIES.— 
(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 at-
tained 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 includee 
laws and policies that ensure that the State frequently 
monitors each person residing in the State for whom 
electronic monitoring is required, whether such moni-
toring 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 characterized as the 
Edward Byrne Memorial State and Local Law En-
forcement Assistance Programs, the Edward Byrne 
Memorial Justice Assistance Grant Program, or oth-
erwise. 
(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 in a range of offenses 
specified by State law which is comparable to or which ex-
ceeds the range of offenses encompassed by 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 Na-
tional Center for Missing and Exploited Children has access 
to the Interstate Identification Index, to be used by the Cen-
ter only within the scope of its duties and responsibilities 
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 access, including training, cer-
tification, 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 for damages directly related 
to the performance of its CyberTipline responsibilities 
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 Center 
for Missing and Exploited Children, or its officer, em-
ployee, or agent as the case may be, engaged in inten-
tional misconduct or acted, or failed to act, with ac-
tual malice, with reckless disregard to a substantial 
risk of causing injury without legal justification, or
for a purpose unrelated to the performance of respon-
sibilities 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 management.’’. 
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 insert-
ing after chapter 109A the following: 
‘‘CHAPTER 109B—SEX OFFENDER AND 
CRIMES AGAINST CHILDREN REGISTRY 
‘‘Sec. 
‘‘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 purposes 
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 insert-
ing after the item relating to chapter 109A the following 
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, then the term of imprison-
ment 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 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 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 release 
and require the defendant to serve a term of im-
prisonment under subsection (e)(3) without re-
gard 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, not less than 10 years.’’ . 
(f) DUTIES OF BUREAU OF PRISONS.—Paragraph (3) 
of section 4042(c) of title 18, United States Code, is amend-
ed 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 Notifi-
cation 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
AMENDMENT
OF
CROSS
REF-
ERENCE.—Paragraph (1) of section 4042(c) of title 18, 
United States Code, is amended by striking ‘‘(4)’’ and in-
serting ‘‘(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 jurisdictions 
in locating and apprehending sex offenders who violate sex 
offender registration requirements. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as may be nec-
essary 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-jurisdic-
tional or regional consortia thereof for activities specified 
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 require-
ments.
‘‘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 FACILI-
TATE 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 offense, 
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. 
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 SYSTEM.— 
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, col-
lect DNA samples from individuals who are ar-
rested, detained, or convicted under the authority 
of the United States. The Attorney General may 
delegate this function within the Department 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 individuals or supervises indi-
viduals 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 Prisons’’ 
each place it appears and inserting ‘‘Attor-
ney General, the Director of the Bureau 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 Pris-
ons,’’.
(2) CONFORMING AMENDMENT.—Subsections (b) 
and (c)(1)(A) of section 3142 of title 18, United 
States Code, are each amended by inserting ‘‘and sub-
ject to the condition that the person cooperate in the 
collection of a DNA sample from the person if the col-
lection of such a sample is authorized pursuant to 
section 3 of the DNA Analysis Backlog Elimination 
Act of 2000 (42 U.S.C. 14135a)’’ after ‘‘period of re-
lease’’. 
(c) TOLLING OF STATUTE OF LIMITATIONS IN SEXUAL 
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 con-
sideration 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 Attorney 
General shall publish a model code setting forth procedures 
to be followed by law enforcement officers when inves-
tigating a missing person or a death. The procedures shall 
include the use of DNA analysis to help locate missing per-
sons and to help identify human remains. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
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 im-
plemented 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 IMPRISONMENT 
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 minimum sentence of im-
prisonment 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 imprisoned 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 COL-
LATERAL REVIEW OF CONVICTIONS FOR KILL-
ING 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 jurisdic-
tion to consider any claim relating to the judgment or sen-
tence in an application described under paragraph (2), un-
less the applicant shows that the claim qualifies for consid-
eration 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 dismissal in 
conformity with this subsection, except that a court of ap-
peals panel must authorize any second or successive appli-
cation in conformity with section 2244 before any consider-
ation by the district court. 
‘‘(2) This subsection applies to an application for a 
writ of habeas corpus on behalf of a person in custody pur-
suant to the judgment of a State court for a crime that 
involved the killing of a individual who has not attained 
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 answer 
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 submitted 
for decision, whichever is earlier. 
‘‘(E) If the district court fails to comply with the 
requirements of this paragraph, the State may peti-
tion 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 mandamus 
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 appeal 
from an order granting or denying a writ of habeas 
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 appel-
lant files a brief in response to the issues pre-
sented 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 de-
cide 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 ap-
peal not later than 120 days after the date on which 
the order granting rehearing en banc is entered. 
‘‘(D) If the court of appeals fails to comply with 
the requirements of this paragraph, the State may pe-
tition the Supreme Court or a justice thereof for a 
writ of mandamus to enforce the requirements.
‘‘(5)(A) The time limitations under paragraphs (3) 
and (4) shall apply to an initial application described in 
paragraph (2), any second or successive application de-
scribed in paragraph (2), and any redetermination of an 
application described in paragraph (2) or related appeal 
following a remand by the court of appeals or the Supreme 
Court for further proceedings. 
‘‘(B) In proceedings following remand in the district 
court, time limits running from the time the State files its 
answer under paragraph (3) shall run from the date the 
remand is ordered if further briefing is not required in the 
district court. If there is further briefing following remand 
in the district court, such time limits shall run from the 
date on which a responsive brief is filed or, if no timely 
responsive brief is filed, the date on which such brief is due. 
‘‘(C) In proceedings following remand in the court of 
appeals, the time limit specified in paragraph (4)(B) shall 
run from the date the remand is ordered if further briefing 
is not required in the court of appeals. If there is further 
briefing in the court of appeals, the time limit specified in 
paragraph (4)(B) shall run from the date on which a re-
sponsive brief is filed or, if no timely responsive brief is 
filed, from the date on which such brief is due. 
‘‘(6) The failure of a court to meet or comply with 
a time limitation under this subsection shall not be a