[House Report 109-218]
[From the U.S. Government Publishing Office]
109th Congress Rept. 109-218
HOUSE OF REPRESENTATIVES
1st Session Part 2
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CHILDREN'S SAFETY ACT OF 2005
_______
September 13, 2005.--Ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following
SUPPLEMENTAL REPORT
[To accompany H.R. 3132]
This supplemental report shows the cost estimate of the
Congressional Budget Office with respect to the bill (H.R.
3132), as reported, which was not included in part 1 of the
report submitted by the Committee on the Judiciary on September
9, 2005 (H. Rept. 109-218, pt. 1).
September 13, 2005.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
completed the enclosed cost estimate for H.R. 3132, the
Children's Safety Act of 2005.
The CBO staff contacts for this estimate are Mark Grabowicz
(for federal costs); and Melissa Merrell (for the impact on
state and local governments).
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
H.R. 3132--Children's Safety Act of 2005
Summary: H.R. 3132 would place additional requirements on
states, Indian tribes, and U.S. territories to establish or
maintain registration programs for persons convicted of sex
offenses. The bill would authorize the appropriation of such
sums as necessary for fiscal years 2006 through 2008 for the
Department of Justice (DOJ) to make grants to cover the costs
of meeting these new requirements and the costs of meeting
existing federal requirements for sex offender registration
programs. (Most states have such programs, and current law
authorizes the appropriation of such sums as necessary through
2007 to cover the costs of compliance with those requirements.)
H.R. 3132 also would direct DOJ to expand certain federal
programs that identify and track the location of sex offenders.
Finally, the bill would establish mandatory minimum prison
sentences for a number of offenses related to sexual abuse.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 3132 would cost about $500
million over the 2006-2010 period. Enacting the bill could
affect direct spending and receipts, but CBO estimates that any
such effects would not be significant.
H.R. 3132 would impose an intergovernmental mandate as
defined in the Unfunded Mandates Reform Act (UMRA) by
eliminating the ability of states to opt out of federal
requirements to conduct background checks and make alternative
placements in the foster care program. CBO estimates that the
cost of that mandate would not exceed the threshold established
in UMRA ($62 million in 2005, adjusted annually for inflation).
The bill also would add additional requirements for state,
local, and tribal governments for them to receive full funding
from three existing grant programs. CBO estimates that $120
million would be available over fiscal years 2006-2010 for
those governments to meet the new requirements and establish
new programs, assuming appropriation of the estimated amounts.
Any additional costs to those governments would be incurred
voluntarily as a condition of receiving federal aid.
H.R. 3132 would impose private-sector mandates, as defined
in UMRA, on individuals who have been arrested or detained for
federal offenses and on individuals who have been convicted of
or adjudicated for certain sex offenses. CBO estimates that the
aggregate direct costs of the mandates would be not be large
and would fall well below the annual threshold established by
UMRA for private-sector mandates ($123 million in 2005,
adjusted annually for inflation).
Estimated Cost to the Federal Government: The estimated
budget impact of H.R. 3132 is shown in the following table. The
cost of this legislation falls within budget function 750
(administration of justice).
Basis of estimate
For this estimate, CBO assumes that the bill will be
enacted near the beginning of fiscal year 2006. CBO estimates
that implementing H.R. 3132 would cost about $500 million over
the 2006-2010 period, assuming appropriation of the necessary
funds. We also estimate that enacting the bill could increase
both direct spending and receipts, but any such effects would
not be significant in any year.
Spending subject to appropriation
For this estimate, CBO assumes that the necessary amounts
will be appropriated near the start of each fiscal year and
that spending will follow the historical spending patterns for
these or similar activities.
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By fiscal year, in millions of dollars--
-----------------------------------------------------------
2005 2006 2007 2008 2009 2010
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SPENDING SUBJECT TO APPROPRIATION \1\
Spending under current law for the Federal prison
system and for programs affected by H.R. 3132:
Estimated authorization level \2\............... 4,793 4,951 5,104 5,259 5,427 5,600
Estimated outlays............................... 5,025 5,105 5,140 5,294 5,431 5,591
Proposed changes:
Grants to states, territories, and tribes:
Estimated authorization level............... 0 42 16 21 0 0
Estimated outlays........................... 0 16 24 19 14 7
Additional DOJ costs:
Estimated authorization level............... 0 60 98 101 83 85
Estimated outlays........................... 0 48 85 100 93 85
Federal prison system costs:
Estimated authorization level............... 0 * 1 1 1 1
Estimated outlays........................... 0 * 1 1 1 1
Total changes:
Estimated authorization level........... 0 102 115 123 84 86
Estimated outlays....................... 0 64 110 120 108 94
Spending under H.R. 3132:
Estimated authorization level................... 4,793 5,053 5,219 5,382 5,511 5,686
Estimated outlays............................... 5,025 5,169 5,250 5,414 5,539 5,684
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\1\ In addition to the amounts shown above, enacting H.R. 3132 also could affect revenues and direct spending,
but CBO estimates that any such effects would not be significant in any year.
\2\ The 2005 level is the amount appropriated for that year for the federal prison system and for the programs
affected by H.R. 3132. For the federal prison system, figures over the 2006-2010 period are CBO's baseline
estimate for those programs, constructed by adjusting the 2005 level for anticipated inflation. For the
programs affected by the bill, current law authorizes the appropriation of such sums as are necessary for
fiscal years 2006 and 2007 for DOJ to make grants to states to comply with federal regulations for sex
offender registration programs. We estimated those amounts by adjusting the 2005 level for anticipated
inflation. The 2005 level also includes the amount appropriated for that year for the national DNA database
and the national sex offender registry, both of which are maintained by DOJ.
Note.--* = less than $500,000.
Grants to States, Indian Tribes, and Territories. H.R. 3132
would authorize the appropriation of such sums as necessary for
fiscal years 2006 through 2008 for DOJ to make grants to
states, Indian tribes, and U.S. territories to help them meet
the federal requirements for sex offender registration
programs. CBO estimates additional grants for this purpose
would cost about $80 million over the 2006-2010 period. (We
assume that the necessary appropriations will be made for each
of fiscal years 2006 through 2008 and that spending would occur
over the 2006-2010 period.)
H.R. 3132 would require Indian tribes and U.S. territories
to establish and maintain sex offender registries and public
Web sites that provide specific information about sex
offenders. States are already required to have such registries
and Web sites; however, a total of about 550 Indian tribes and
territories would be affected by this provision. CBO estimates
that each territory and Indian tribe would have to spend, on
average, about $5,000 to establish a Web site and $5,000 to
$10,000 to establish the registry, with smaller amounts
required in subsequent years to maintain these programs. In
addition, we expect that about 100 of the larger tribes would
need to hire one person to manage the Web site and registry.
Assuming that the total annual salary and benefits for those
positions would be, on average, $50,000, then the cost for the
additional staff would be about $5 million annually over the
2006-2008 period. Thus, we estimate that it would cost a total
of about $25 million over the 2006-2010 period for DOJ to give
grants to Indian tribes and territories for those additional
requirements.
H.R. 3132 would require states, Indian tribes, and U.S.
territories to verify the residence of certain sex offenders on
a monthly basis. Based on information from the Center for Sex
Offender Management, CBO estimates that about 250,000 sex
offenders nationwide would be affected by this provision.
Because of the large number of offenders affected, we expect
that about 40 states would need to hire additional staff to
handle this duty. Assuming that each of those states would need
three additional staff members whose annual salary and benefits
would be, on average, $50,000, we estimate this provision would
require funding of $23 million over the 2006-2008 period. This
total also includes amounts necessary to cover the costs of
postage to contact offenders each month.
In addition, H.R. 3132 would require states, Indian tribes,
and U.S. territories to collect DNA samples from sex offenders
who have not already provided them. According to the National
Center for Missing and Exploited Children, there are about
450,000 registered sex offenders nationwide whose whereabouts
are known. It is estimated that roughly half of those
individuals have already provided DNA samples. CBO estimates
that jurisdictions would have to take DNA samples for a total
of roughly 270,000 individuals (including new offenders) over
the 2006-2008 period, at a cost of about $100 per sample. Thus,
we estimate that this provision would cost about $27 million
over the 2006-2010 period.
Current law authorizes the appropriation of such sums as
necessary for fiscal years 2006 and 2007 for DOJ to make grants
to states to cover the costs of complying with the existing
federal requirements for sex offender registration programs. In
2005, the amount appropriated for this purpose was about $5
million. Because the bill would authorize such sums as
necessary for 2006 through 2008 to cover the costs for the
registration programs, CBO estimates that implementing H.R.
3132 would cost about $5 million in fiscal year 2008 to
continue to cover states' costs for the current requirements
for sex offender programs.
Additional DOJ Costs. H.R. 3132 would direct DOJ to expand
some existing programs and establish new programs mostly
related to the identification and tracking of sex offenders.
CBO estimates that those new responsibilities would cost about
$410 million over the 2006-2010 period, assuming appropriation
of the necessary amounts.
The bill would require the U.S. Marshals Service to assist
states in finding and apprehending sex offenders who violate
registration requirements. According to the National Center for
Missing & Exploited Children, there are about 100,000 sex
offenders whose whereabouts are unknown to local law
enforcement. According to the U.S. Marshals Service, in fiscal
year 2004, the agency received almost 95,000 total warrants and
resolved close to 90 percent of them. The agency expects that
it would need to hire 350 new Marshals to take a lead role in
executing a significant number of additional warrants for
unregistered sex offenders. CBO estimates that the additional
Marshals would cost $24 million in fiscal year 2006 and $220
million over the 2006-2010 period, including costs for space,
training, supervision, and support staff.
H.R. 3132 would permit DOJ to collect DNA samples from
persons arrested, detained, or convicted for violations of
federal laws. Based on the number of individuals taken into
federal custody in recent years, we estimate that about 250,000
persons annually would be affected by this provision. According
to DOJ, it would cost about $100 to collect, process, and store
a DNA sample. Thus, CBO estimates that it would require funding
of $25 million annually to carry out this provision.
This legislation would direct DOJ to carry out a
demonstration project over fiscal years 2007 through 2009 to
evaluate the effectiveness of electronic monitoring devices in
sex offender management programs. The bill would limit the
project to no more than 10 jurisdictions at one time. Based on
the costs reported for similar projects, CBO estimates that it
would cost about $40 million over the 2007-2009 period to carry
out demonstration projects in 10 jurisdictions.
H.R. 3132 would require DOJ to provide state child welfare
agencies with access to its criminal information databases to
carry out criminal history checks. Based on the numberof
background checks related to foster care cases that were conducted by
states in recent years, we estimate that this provision would cost
about $5 million annually over the 2006-2010 period.
This legislation contains several other provisions that
would increase DOJ spending, including requiring the department
to develop computer software to assist states, Indian tribes,
and territories in managing their sex offender registries and
offering small bonus payments to jurisdictions that comply with
the bill's provisions promptly. Based on the costs of similar
software programs and the anticipated rate of compliance with
the bill's mandates, CBO estimates that implementing those
provisions would cost about $3 million over the 2006-2010
period.
Federal Prison System. H.R. 3132 would establish mandatory
minimum prison sentences for a wide range of offenses involving
sexual abuse. The U.S. Sentencing Commission analyzed the
impact on the federal prison population of the bill's
provisions that would require minimum prison sentences. Based
on this analysis, CBO estimates that the longer sentences
required under the bill would increase the prison population by
about 550 person-years over the 2006-2010 period. According to
the Bureau of Prisons, for an increase in the federal prison
population of this magnitude, it would spend about $7,200 a
year (at 2005 prices) to house each additional prisoner. CBO
estimates that the cost to support those additional prisoners
would total $4 million over the 2006-2010 period.
Direct spending and receipts
H.R. 3132 would establish new and increased criminal
penalties for various crimes involving sexual abuse. Thus, the
federal government might collect additional fines if the bill
is enacted. Collections of criminal fines are deposited in the
Crime Victims Fund and later spent. CBO expects that any
additional receipts and direct spending would not be
significant.
Estimated impact on state, local, and tribal governments:
H.R. 3132 would impose an intergovernmental mandate on states
by eliminating their ability to opt out of federal requirements
to conduct background checks and make alternative placements in
the foster care program. While all states do background checks
for placements, nine states do not automatically disqualify
potential guardians for some offenses, as the bill would
require. Consequently, the new requirement to make alternative
placements would be an intergovernmental mandate on state,
local, and tribal governments as defined in UMRA. States would
have to either forgo federal payments for placements that do
not meet the new requirements or find alternative placements
with guardians who have no disqualifying history. It is unclear
what the affected states would choose, but CBO estimates that
the costs of the provision would not exceed the threshold
established in UMRA ($62 million in 2005, adjusted annually for
inflation).
The bill would add new requirements to existing grant
programs for state, local, and tribal governments and would
authorize the appropriation of such sums as necessary for
fiscal years 2006 through 2008 for those governments to meet
the new requirements. CBO estimates that the cost to those
governments would be $80 million over the 2006-2010 period for
the creation of new registries, monthly verification of
offender addresses, and collection of DNA. Costs would be
incurred voluntarily as a condition of receiving federal aid.
Finally, some state governments would benefit from a
provision to establish pilot programs to electronically monitor
sex offenders. CBO estimates that $40 million would be
available over the fiscal years 2007-2009 for those programs.
Estimated impact on the private sector: H.R. 3132 would
impose private-sector mandates, as defined in UMRA, on
individuals who have been arrested or detained for federal
offenses and on individuals who have been convicted of or
adjudicated for certain sex offenses. CBO estimates that the
aggregate direct costs of the mandates would not be large and
would fall well below the annual threshold established by UMRA
for private-sector mandates ($123 million in 2005, adjusted
annually for inflation).
The bill would authorize the Attorney General to collect
DNA samples from individuals who have been arrested or detained
for federal offenses under regulations to be established by the
Attorney General. The Attorney General also could authorize any
other agency of the United States that arrests or detains
individuals or supervises individuals facing charges to carry
out the collection of such samples. Under current federal law,
collection of a DNA sample from an individual who has been
arrested or detained generally requires a finding of probable
cause. According to information from government sources, the
regulations established under this bill would most likely
provide that the samples be collected at no cost to the
individual. Therefore, CBO estimates that the direct cost of
the mandate for individuals arrested or detained for federal
offenses would be negligible, if any.
The bill also would impose new private-sector mandates by
expanding the reporting requirements for sex offenders, defined
in the bill as individuals who have been convicted of or
adjudicated for certain sex offenses. Currently, certain sex
offenders are required to register and provide information to
state law-enforcement agencies. The bill would do the
following:
Expand the number of jurisdictions required
to maintain a sex offender registry;
Expand the number of persons required to
report;
Expand the specific information such sex
offenders must provide;
Require sex offenders to register in each
jurisdiction where they reside, work, or attend school;
and
Require sex offenders to keep the
registration current for at least 20 years.
In addition, sex offenders would be required to inform each
jurisdiction with whom they register within five days after
each change of residence, employment, or student status. Based
on information from government sources, CBO estimates that the
incremental cost for sex offenders to comply with the
additional reporting requirements would be minimal.
Estimate prepared by: Federal costs: Mark Grabowicz and
Gregory Waring; Impact on state, local, and tribal governments:
Melissa Merrell; Impact on the private sector: Paige Piper/
Bach.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.