June 26, 2010

Summary of Bills in 111th Congress - Affecting Sex Offenders

All bills in Congress affecting former sex offenders are now handled by our blog "Bills in Congress" click to see them.

National:

This is a summary of all bills in Congress affecting (directly or collaterally) registered sex offenders and/or their families, and is updated as needed (See date last updated above). Clicking on the bill number will take you to a bill analysis and full access to the bill itself and current status.

Generally we do not review appropriation, immigration bills and bills affecting Tribes because they are VERY involved and time consuming.

Should anyone find a bill (in Congress, not in a state legislature) that is not addressed in the "Short List" below and that appears to affect sex offenders please contact eAdvocate by clicking on the RED BAR to the left.

Thanks,
eAdvocate

PS: Please remember, the bills appearing here are to advise folks of what the lawmakers propose. Just because a bill is shown does not mean that folks need to be overly concerned, many bills die in Committee. Not every bill requires a full blown campaign on lawmakers in Congress, sometimes the best thing to do is, say nothing lest too many ears get raised. However, with that said, folks should not be complacent either.


Congressional Bills Identified (Short List):
Hot Button Issues:
Offensive Language being tucked into bills affecting various sex offenders.
HR 5072 "FHA Loans" "Commentary"
HR 5138 "International Megans Law" "Commentary"
HR 5297 "Small Business" "Commentary"
HR 5618 "Unemployment" "Commentary"
HR 5870 "Passports" "Commentary"


U.S. House: HR 288, 382, 414, 434, 440, 731, 780, 781, 789, 840, 911, 1076, 1149, 1319, 1374, 1375, 1388, 1422, 1485, 1612, 1623, 1727, 1750, 1772, 1966, 2177, 2462, 2612, 2674, 3075, 3222, 3287, 3513, 3521, 3528, 4231, 4478, 4614, 4727, 5232, 5347.

Added 7-9.: HR 5136, 5492.
Added 7-26: HR 5575, 5814.
Added 7-28: HR 5870
Added 8-11: HR 6011.

U.S. Senate: S 277, 436, 588, 678, 1047, 1146, 1442, 1586, 1726, 2903, 2925, 2972.

Added 7-26: S-448, 3184.

Tribal, Immigration and Appropriations Bills - Not Included: HR 264(A), HR 725(T), HR 1105(A), HR 2847(A), HR 1924(T), HR 3170(A), HR 3288(A), HR 5136(A), S 797(T), S 1432(A), S 2866(A), S 3636(A), S 3677(A).

(NEW) Related Issue:
HR-1469 S-163, 1365, 1598.

Sections Below:
Bills Already Reviewed
Bills Yet to be Reviewed
BILLS ALREADY REVIEWED:


Added 7-9-2010


HR-5618 "Restoration of Emergency Unemployment Compensation Act of 2010." See review HERE.
.
HR-5297 "Small Business Jobs and Credit Act of 2010." See review HERE.
.

Added 6-16-2010


HR-5072 FHA Reform Act of 2010. Note: Last Thursday (6-10-2010) the U.S. House of Representatives was considering a new bill called "the FHA Reform Act of 2010," heavens knows with all the foreclosures something does need to be done.
Yet, something occurred during debate which is very harmful to the sex offender community. Rep. Edwards (TX) presented Amendment 12 which -in essence- makes it a requirement that any applicant for a FHA loan, certify that they have never been convicted of a sex offense against a minor (as defined in SORNA).

Even more troublesome is that when they took a vote on Amendment 12, only four Congressmen voted AGAINST this Amendment: Bob Filner (D)(CA), Ron Paul (R)(TX), Jerrold (D)(NY) and Bobby Scott (D)(VA). The name I expected to see voting AGAINST Amendment 12, but was missing, was Rep. John Conyers (D)(MI). However, Amendment 13 covering "Federal Employees" who misuse their computers during work to view pornography or child pornography, might have swayed many.. See: HERE: This is my quasi-review of the bill...


Added BEFORE 6-16-2010


Bill in Congress - HR-3222, `Adolescent Web Awareness Requires Education Act' or the `AWARE Act' The STATED intent of the bill is: To promote Internet safety education and cybercrime prevention initiatives, and for other purposes.

Bill in Congress - HR-2612 and S-1146
Sex Offender Registration Tips Program Act of 2009' or the `SORT Act of 2009' The STATED intent of the bill is: To direct the Attorney General to provide grants and access to information and resources for the implementation of the Sex Offender Registration Tips and Crime Victims Center Programs.

Bill in Congress - S-1047
`School And Family Education about the Internet Act of 2009' or the `SAFE Internet Act' The STATED intent of the bill is: A bill to promote Internet safety education and cybercrime prevention initiatives, and for other purposes.

Bill in Congress - HR 2462
Convicted Child Sex Offender DNA Index System Support Act'. The STATED intent of the bill is: To eliminate the backlog in performing DNA analyses of DNA samples collected from convicted child sex offenders, and for other purposes.

Bill in Congress - HR 1727 (New registry arsonists / bombers)
Managing Arson Through Criminal History (MATCH) Act of 2009' The STATED intent of the bill is: To establish guidelines and incentives for States to establish criminal arsonist and criminal bomber registries and to require the Attorney General to establish a national criminal arsonist and criminal bomber registry program, and for other purposes.

Bill in Congress - HR 1374
Elder Abuse Prevention Act' The STATED intent of the bill is: To prevent the abuse and exploitation of older individuals.

Bill in Congress - HR 1375
No Parole for Sex Offenders Act' The STATED intent of the bill is: To ensure that sex offenders and sexually violent predators are not eligible for parole.

Bill in Congress - HR 1750
Tracking Registered And Convicted Known (TRACK) Sex Offenders Act' The stated intent of the bill is: To provide for the use of information in the National Directory of New Hires in enforcing sex offender registration laws.

Bill in Congress HR 1623 -and- HR 5138
'International Megan's Law 2009 and 2010'. The stated intent of the bills are: To protect children from sexual exploitation by mandating reporting requirements for convicted sex traffickers and other sex offenders against minors intending to engage in international travel, providing advance notice of intended travel by high risk sex offenders outside the United States to the government of the country of destination, preventing entry into the United States by any foreign sex offender against a minor, and for other purposes.

Bill in Congress - HR 1388 S 277
'Generations Invigorating Volunteerism and Education Act' or the `GIVE Act' or the `Serve America Act'. The stated intent of these bills are: To reauthorize and reform the national service laws.

Bill in Congress - HR 414
Camera Phone Predator Alert Act' The stated intent of the bill is: To require mobile phones containing digital cameras to make a sound when a photograph is taken.

Bills in Congress - HR 1149 and HR 1422
Child Protection Reauthorization Act of 2009' and `Adam Walsh Child Protection and Safety Reauthorization Act of 2009' respectively. The stated intent of the bills are: To reauthorize the Adam Walsh Child Protection and Safety Act of 2006, and for other purposes.

Bill in Congress - HR 781
Student Protection Act' The stated intent of bill is: To develop a national system of oversight of States for sexual misconduct in the elementary and secondary school system.

Bill in Congress - HR 780
Student Internet Safety Act of 2009 The stated intent of the bill is: To amend the Elementary and Secondary Education Act of 1965 to promote the safe use of the Internet by students, and for other purposes.

Bill in Congress - HR 1076 S 436
Internet Stopping Adults Facilitating the Exploitation of Today's Youth (SAFETY) Act of 2009 The stated intent of the bills are: To amend title 18, United States Code, to protect youth from exploitation by adults using the Internet, and for other purposes.

Bill in Congress - HR 288 -- HR 382
Save Our Children: Stop the Violent Predators Against Children DNA Act of 2009 The stated intent of each is: To create a separate DNA database for violent predators against children, and for other purposes.

Bill in Congress - HR 789
Teen Dating Violence Prevention Act of 2009 The stated intent of the bill is: To reduce and prevent teen dating violence, and for other purposes.


BILLS YET TO BE REVIEWED:

Note: Until reviewed there may be bills shown, unrelated to our purpose, and they may be removed at some point. Further, some times bills are presented which have no chance of making it whatsoever, although a rarity, if we think one is such a bill we may never review it; these do happen.


Added 6-27-2010


S-2972 Title: Arresting Child Predators Act of 2010. (Arresting Child Predators Act of 2010 - Amends the federal criminal code and the federal judicial code to extend the authority for issuing administrative subpoenas in cases involving the sexual exploitation or abuse of children to the Secretary of Homeland Security (DHS), the United States Postal Service (USPS), and the United States Marshals Service. ) Note: Effectively this extends which federal agencies are permitted to get "administrative subpoenas" under certain circumstances. It is not a bill that restricts former offenders in any way, but its purpose is to catch those currently committing crimes.


Added 6-16-2010


HR-1612 Public Lands Service Corps Act of 2010. (To amend the Public Lands Corps Act of 1993 to expand the authorization of the Secretaries of Agriculture, Commerce, and the Interior to provide service opportunities for young Americans; help restore the nation's natural, cultural, historic, archaeological, recreational and scenic resources; train a new generation of public land managers and enthusiasts; and promote the value of public service.) Note: VERY DISTURBING: "No adult shall be eligible to receive funds or participate in the Public Lands Service Corps program under this Act or amendments made by this Act, if that person--(3) is registered, or is required to be registered, on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or (4) has been convicted of murder, as described in section 1111 of title 18, United States Code.".

S-1442 Title: Public Lands Service Corps Act of 2009. Note: Same as HR 1612 above.

HR-5232 Sex Crime Re-Entry EvaluatioN (SCREEN) Act of 2010. (To amend title 18, United States Code, to permit a court to sentence an offender who is determined to be sexually dangerous to a term of special confinement for the prevention of sexual predation, and for other purposes.) (Sex Crime Re-Entry EvaluatioN (SCREEN) Act of 2010 - Amends the federal criminal code to allow a court to impose on a defendant who has been convicted of a serious sex crime, including aggravated sexual abuse, sex-related murder, and sexual exploitation of children, a term of special confinement, in addition to the sentence for the underlying crime, to prevent sexual predation. Authorizes the term of such confinement to be the life of the defendant. Allows such defendant the right to one hearing per year after confinement to determine whether such defendant is a sexually dangerous person.) Note: Clearly related to civil commitment.....

HR-4231 Safe Cities Act of 2009. ( Safe Cities Act of 2009 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to: (1) authorize the Attorney General to designate a Violent and Drug Crime Zone (i.e., a metropolitan area with a higher than average rate of homicides, violent felonies, sex offenses, and drug and gang-related crimes) in each state; (2) establish a drug and violent crime intervention team and a Safe Cities Task Force in each Zone, consisting of state and local law enforcement officials, to coordinate the investigation, apprehension, and prosecution of criminal activity; (3) require the use of grant funds under such Act to increase the number of prosecutors available to work with drug and violent crime intervention teams; and (4) require the Office of Justice Programs of the Department of Justice (DOJ) to award grants to states to establish and maintain a state-wide database to track criminals, arrests, prosecutions, and convictions. ) Note: .....

HR-4478 Kids Wish II Act (Kids Wish II Act - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to: (1) include child care facilities among public or private nonprofit facilities covered by such Act; (2) make a private for-profit child care facility eligible for assistance under the Act to the same extent as a private nonprofit child care facility; and (3) include child care within provisions regarding essential services, critical services, and federal assistance to individuals and households to address necessary expenses from a major disaster.) Note: .....

HR-5347 Force Protection and Readiness Act of 2010. (Force Protection and Readiness Act of 2010 - Grants, in cases arising under the Uniform Code of Military Justice (UCMJ) for communications made between an alleged victim of sexual assault and a Sexual Assault Victim Advocate of the Department of Defense (DOD), to an individual who consulted with such an Advocate, a victim service organization, or a health care professional the privilege of refusing to disclose a confidential communication made by the individual if such communication was made for the purpose of securing advice, counseling, treatment, or assistance in connection with a sexual assault or other sexual misconduct. Allows the privilege to be claimed by the individual's guardian or conservator. Provides exceptions. Requires the Secretary of the military department concerned to provide for the expedited consideration of a request for a permanent change of military station or unit transfer submitted by a member of the Armed Forces serving on active duty who was a victim of sexual assault or other sexual offense.) Note: .....

HR-440 Small Business Liability Reform Act of 2009. Note: This bill would limit liability for the employer should one of the employees commit a sexual offense at work.

HR-1485 Cruise Vessel Security and Safety Act of 2009. Note: Deals with sex offenses committed on a cruise ship at sea.

HR-1772 Criminal Code Modernization and Simplification Act of 2009. Note: Rep. Sensenbrenner is behind this one. A major bill to reform all criminal law.

HR-2177 Transparency and Accountability in Security Contracting Act of 2009. Note: In essence this bill filters out undesirables from any federal agency who third party contracts for security services to a federal agency. More than sex offenders are filtered out.

HR-2462 Convicted Child Sex Offender DNA Index System Support Act. ( Convicted Child Sex Offender DNA Index System Support Act - Requires the Director of the Federal Bureau of Investigation (FBI) to develop a plan to assist states in performing DNA analyses of samples collected from convicted child sex offenders, with the objective of eliminating the backlog of samples awaiting analysis in state or local forensic laboratory storage and providing for entry of those analyses into the combined DNA Indexing System (CODIS).) Note: .....

HR-3521 Nicole's Law. ( Nicole's Law - Requires states to have in effect laws and policies to extend protections similar to those afforded to victims of domestic violence to victims of a sex offense who are not in a familiar or dating relationship with the perpetrator of such offense.) Note: .....

S-588 Cruise Vessel Security and Safety Act of 2009. Note: Deals with sex offenses on cruise ships on the high seas.....

S-678 Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009. Note: Very involved, and not likely to pass as we are in the 2nd session of Congress and its about to end..

S-2925 Trafficking Deterrence and Victims Support Act of 2009. (Expresses the sense of the Senate that the Attorney General should implement changes to the National Crime Information Center (NCIC) to identify endangered juveniles.) Note: .....


Added BEFORE 6-16-2010


HR-4727 To amend title 18, United States Code, to place limitations on the possession, sale, and other disposition of a firearm by persons convicted of misdemeanor sex offenses against children. Note: This bill is absolutely ludicrous, nothing in this bill makes any kind of sense. Guns and misdemeanor sex offenses simply do not compute. The obvious purpose of this bill is to make someone LOOK GOOD to their constitutents.

HR-1727 To establish guidelines and incentives for States to establish criminal arsonist and criminal bomber registries and to require the Attorney General to establish a national criminal arsonist and criminal bomber registry program, and for other purposes. Note: While this appears to be like the sex offender registries, there are significant differences, I will be commenting on these differences. Further, S-1684 is supposed to be introduced which covers the same topics, but is not yet available on the Thomas site.

HR-3287 To require a criminal background check for a child care staff member of any child care provider in a State that receives funds from the Child Care and Development Block Grant Program, and for other purposes.

HR-3513 To amend title 18, United States Code, to strengthen penalties for child pornography offenses, child sex trafficking offenses, and other sexual offenses committed against children. (Note: The penalties for child pornography are already excessive and judges are complaining, this bill will make them worse.)

HR-3528 To establish a grants program to assist States and units of local governments to establish and expand programs that employ global positioning system technologies as alternative sentencing options, and for other purposes.

HR-2674 To protect children from sex offenders.

HR-434 To amend title 5, United States Code, to permit access to databases maintained by the Federal Emergency Management Agency for purposes of complying with sex offender registry and notification laws, and for other purposes.

HR-731 To amend title 38, United States Code, to exclude individuals who have been convicted of committing certain sex offenses from receiving certain burial-related benefits and funeral honors which are otherwise available to certain veterans, members of the Armed Forces, and related individuals, and for other purposes.

HR-840 To reduce sexual assault and domestic violence involving members of the Armed Forces and their family members and partners through enhanced programs of prevention and deterrence, enhanced programs of victims services, and strengthened provisions for prosecution of assailants, and for other purposes.

HR-1966 To amend title 18, United States Code, with respect to cyberbullying.

HR-1319 To prevent the inadvertent disclosure of information on a computer through the use of certain "peer-to-peer" file sharing software without first providing notice and obtaining consent from the owner or authorized user of the computer.

HR-264 To amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes.

S-1586 A bill to require all public school employees and those employed in connection with a public school to receive FBI background checks prior to being hired, and for other purposes.

HR-911 To require certain standards and enforcement provisions to prevent child abuse and neglect in residential programs, and for other purposes.

HR-3075 To establish a National Parents Corps Program, and for other purposes.

HR-4478 To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President to take actions to address the needs of children and families who are victims of a major disaster, and for other purposes.

HR-4614 To amend part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 to provide for incentive payments under the Edward Byrne Memorial Justice Assistance Grant program for States to implement minimum and enhanced DNA collection processes.

S-1726 A bill to reauthorize the expiring intelligence tools of the USA PATRIOT Improvement and Reauthorization Act of 2005 and defend against terrorism through improved classified procedures and criminal law reforms, and for other purposes.

S-2903 A bill to amend the Child Care and Development Block Grant Act of 1990 to require criminal background check for child care providers.

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