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H.R. 3132 (109th): Children’s Safety Act of 2005

The text of the bill below is as of Sep 14, 2005 (Passed the House).


HR 3132 EH

109th CONGRESS

1st Session

H. R. 3132

AN ACT

To make improvements to the national sex offender registration program, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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- The table of contents for this Act is as follows:

      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 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 Notification 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 Children with respect to CyberTipline.

      Sec. 134. Treatment and management of sex offenders in the Bureau of Prisons.

      Sec. 135. Assistance in identification and location of sex offenders relocated as a result of Hurricane Katrina.

      Sec. 136. GAO studies on feasibility of using driver's license registration processes as additional registration requirements for sex offenders.

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.

      Sec. 156. Assistance for prosecutions of cases cleared through use of DNA backlog clearance funds.

      Sec. 157. Authorization of additional appropriations.

      Sec. 158. Grants to combat sexual abuse of children.

      Sec. 159. Expansion of training and technology efforts.

Subtitle C--Children's Safety Office

      Sec. 161. Establishment.

      Sec. 162. Purpose.

      Sec. 163. Director.

      Sec. 164. Annual report.

      Sec. 165. Staff.

      Sec. 166. Authorization of appropriations.

      Sec. 167. Nonmonetary assistance.

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.

      Sec. 304. Statistics.

      Sec. 305. Study of interstate tracking of persons convicted of or under investigation for child abuse.

      Sec. 306. Access to Federal crime information databases by educational agencies for certain purposes.

TITLE IV--PROTECTION AGAINST SEXUAL EXPLOITATION OF CHILDREN ACT OF 2005

      Sec. 401. Short title.

      Sec. 402. Increased penalties for sexual offenses against children.

      Sec. 403. Sense of Congress with respect to prosecutions under section 2422(b) of title 18, United States Code.

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 information 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 VI--MISCELLANEOUS PROVISION

      Sec. 601. Ban on firearm for person convicted of a misdemeanor sex offense against a minor.

TITLE VII--NATIONAL REGISTER OF CASES OF CHILD ABUSE OR NEGLECT

      Sec. 701. National register of cases of child abuse or neglect.

TITLE VIII--CHILD PORNOGRAPHY PREVENTION ACT OF 2005

      Sec. 801. Short title.

      Sec. 802. Findings.

      Sec. 803. Strengthening section 2257 to ensure that children are not exploited in the production of pornography.

      Sec. 804. Prevention of distribution of child pornography used as evidence in prosecutions.

      Sec. 805. Authorizing civil and criminal asset forfeiture in child exploitation and obscenity cases.

      Sec. 806. Prohibiting the production of obscenity as well as transportation, distribution, and sale.

TITLE IX--PERSONAL DATA OF CHILDREN

      Sec. 901. Misappropriation of data.

TITLE X--LOCAL LAW ENFORCEMENT HATE CRIMES PREVENTION

      Sec. 1001. Short title.

      Sec. 1002. Findings.

      Sec. 1003. Definition of hate crime.

      Sec. 1004. Support for criminal investigations and prosecutions by State and local law enforcement officials.

      Sec. 1005. Grant program.

      Sec. 1006. Authorization for additional personnel to assist State and local law enforcement.

      Sec. 1007. Prohibition of certain hate crime Acts.

      Sec. 1008. Statistics.

      Sec. 1009. Severability.

TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the `Sex Offender Registration 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 sexually assaulted and murdered in 2003, in North Dakota.

      (6) Jessica Lunsford, who was 9 years, was abducted, 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 sexually 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 Bridgewater, Massachusetts.

      (11) Polly Klaas, who was 12 years old, was abducted, sexually assaulted and murdered in 1993 by a career offender in California.

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.

    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 jurisdiction.

      (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 Samoa.

        (F) The Northern Mariana Islands.

        (G) The United States Virgin Islands.

        (H) To the extent provided and subject to the requirements of section 126, 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 juvenile 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), 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 `specified 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 conduct.

        (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 Attorney 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 involving a 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 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 institution, including (whether public or private) a secondary school, trade or professional school, and institution 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 individual's home or other place where the individual lives.

      (11) MINOR- The term `minor' means an individual 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 guidelines and regulations to interpret and implement 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 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 Attorney General shall prescribe a method for the registration of sex offenders convicted before the enactment of this Act or its effective date in a particular jurisdiction.

    (e) State Penalty for Failure to Comply- Each jurisdiction, other than a Federally recognized Indian tribe shall provide a criminal penalty, that includes a maximum term of imprisonment that is greater than one year, and a minimum term of imprisonment that is no less than 90 days, 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 offender.

      (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 and description 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 Attorney General.

    (b) Provided by the Jurisdiction- The jurisdiction 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 giving rise to the requirement to register under this title, including the date of the offense, and whether or not the sex offender was prosecuted as a juvenile at the time of the offense.

      (2) The criminal history of the sex offender.

      (3) Any other information required by the Attorney 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 (but such 20-year period shall not include any time the offender is in custody or civilly committed), 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 required to be registered not less frequently than once every six months.

SEC. 117. DUTY TO NOTIFY SEX OFFENDERS OF REGISTRATION 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 explained 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 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 offender 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 offender. The date of the mailing may be selected at random. 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 database at the Federal Bureau of Investigation for each sex offender and other person required to register in a jurisdiction'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 Attorney 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 INFORMATION THROUGH THE INTERNET.

    (a) In General- Except as provided in subsection (b), each jurisdiction shall make available on the Internet all information about each sex offender in the registry, except 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 accessible to the public.

    (b) Exception- To the extent authorized by the Attorney General, a jurisdiction need not make available on the Internet information about a sex offender required to register for committing a misdemeanor sex offense against a minor who has attained the age of 16 years.

SEC. 122. MEGAN NICOLE KANKA AND ALEXANDRA NICOLE ZAPP COMMUNITY NOTIFICATION PROGRAM.

    (a) Establishment of Program- There is established 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 possible, 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 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 Registry.

      (2) Appropriate law enforcement agencies (including probation agencies, if appropriate), and each school and public housing agency, in each area in which the individual resides, is employed, or is a student.

      (3) Each jurisdiction where the sex offender resides, works, or attends school, and each jurisdiction from or to which a change of residence, work, or student status occurs.

      (4) Any agency responsible for conducting employment-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 protecting 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 General 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 enforcement agency shall take any appropriate action to ensure compliance.

SEC. 124. IMMUNITY FOR GOOD FAITH CONDUCT.

    The Federal Government, jurisdictions, political subdivisions of jurisdictions, and their agencies, officers, employees, and agents shall be immune from liability for good faith conduct under this title.

SEC. 125. DEVELOPMENT AND AVAILABILITY OF REGISTRY MANAGEMENT SOFTWARE.

    The Attorney General shall develop and support software 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 registration program, the Department of Justice shall, to the extent practicable, carry out the duties imposed on that jurisdiction by this title.

SEC. 127. PERIOD FOR IMPLEMENTATION BY JURISDICTIONS.

    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 up to two one-year extensions 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 Enforcement Assistance Programs, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.

      (2) LLEBG- The Local Government Law Enforcement 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 or may be reallocated to a jurisdiction from which they were withheld to be used solely for the purpose of implementing this title.

    (c) Rule of Construction- The provisions of this title that are cast as directions to jurisdictions or their officials constitute only conditions required to avoid the reduction of Federal funding under this section.

SEC. 129. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM.

    (a) In General- The Attorney General shall establish 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 jurisdiction shall, on an annual basis, submit to the Attorney General an application in such form and containing such information 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 determination. The amount of the payment shall be--

      (1) 10 percent of the total received by the jurisdiction 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 addition to any amounts otherwise authorized to be appropriated, 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 ELECTRONIC 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 arrangements 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 jurisdiction.

      (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 requirements.

      (4) Any other factor the Attorney General considers appropriate.

    (e) Duration- The Attorney General shall carry out the demonstration project for fiscal years 2007, 2008, and 2009.

    (f) Innovation- In making grants under this section, the Attorney General shall ensure that different approaches to monitoring are funded to allow an assessment of effectiveness.

    (g) One-Time Report and Recommendations- Not later than April 1, 2008, the Attorney General shall submit to Congress a report--

      (1) assessing the effectiveness and value of programs funded by this section;

      (2) comparing the cost-effectiveness of the electronic monitoring to reduce sex offenses compared to other alternatives; and

      (3) making recommendations for continuing funding and the appropriate levels for such funding.

    (h) 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 activities, and contain any other information or recommendations that the Attorney General considers appropriate.

    (i) 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 attained the age of 18 years is the victim.

      (2) MONITORING REQUIRED- The monitoring required under paragraph (1) is a system that actively 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 required by paragraph (1) shall be required of the person--

        (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 conviction (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 OFFENDERS RESIDING IN STATE- In addition, laws and policies referred to in subsection (a) also include laws and policies that ensure that the State frequently monitors each person residing in the State for whom electronic monitoring is required, whether such monitoring 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 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 Enforcement Assistance Programs, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.

      (2) LLEBG- The Local Government Law Enforcement Block Grants program.

    (d) Definition- In this section, the term `State sex offense' means any criminal offense that is one of 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 IDENTIFICATION INDEX.

    (a) In General- Notwithstanding any other provision 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 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, certification, and background screening.

    (b) Immunity- Personnel of the Center shall not be civilly or criminally liable for any use or misuse of information 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 paragraphs (2) and (3), the National Center for Missing and Exploited Children, including any of its directors, officers, employees, or agents, is not liable in any civil or criminal action arising from the performance of its CyberTipline responsibilities and functions as defined by this section.

      `(2) INTENTIONAL, RECKLESS, OR OTHER MISCONDUCT- Paragraph (1) does not apply in an action in which a party proves that the National Center for Missing and Exploited Children, or its officer, 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 substantial risk of causing injury without legal justification, or for a purpose unrelated to the performance of responsibilities or functions under this section.

      `(3) ORDINARY BUSINESS ACTIVITIES- Paragraph (1) does not apply to an act or omission related to an ordinary business activity, such as an activity involving general administration or operations, the use of motor vehicles, or personnel management.'.

SEC. 134. TREATMENT AND MANAGEMENT OF SEX OFFENDERS IN THE BUREAU OF PRISONS.

    Section 3621 of title 18, United States Code, is amended by adding at the end the following new subsection:

    `(f) Sex Offender Management-

      `(1) IN GENERAL- The Bureau of Prisons shall make available appropriate treatment to sex offenders who are in need of and suitable for treatment, as follows:

        `(A) SEX OFFENDER MANAGEMENT PROGRAMS- The Bureau of Prisons shall establish non-residential sex offender management programs to provide appropriate treatment, monitoring, and supervision of sex offenders and to provide aftercare during pre-release custody.

        `(B) RESIDENTIAL SEX OFFENDER TREATMENT PROGRAMS- The Bureau of Prisons shall establish residential sex offender treatment programs to provide treatment to sex offenders who volunteer for such programs and are deemed by the Bureau of Prisons to be in need of and suitable for residential treatment.

      `(2) REGIONS- At least one sex offender management program under paragraph (1)(A), and at least one residential sex offender treatment program under paragraph (1)(B), shall be established in each region within the Bureau of Prisons.

      `(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Bureau of Prisons for each fiscal year such sums as may be necessary to carry out this subsection.'.

SEC. 135. ASSISTANCE IN IDENTIFICATION AND LOCATION OF SEX OFFENDERS RELOCATED AS A RESULT OF HURRICANE KATRINA.

    The Attorney General shall provide technical assistance to jurisdictions to assist them in the identification and location of sex offenders relocated as a result of Hurricane Katrina.

SEC. 136. GAO STUDIES ON FEASIBILITY OF USING DRIVER'S LICENSE REGISTRATION PROCESSES AS ADDITIONAL REGISTRATION REQUIREMENTS FOR SEX OFFENDERS.

    For the purposes of determining the feasibility of using driver's license registration processes as additional registration requirements for sex offenders to improve the level of compliance with sex offender registration requirements for change of address upon relocation and other related updates of personal information, the Congress requires the following studies:

      (1) Not later than 180 days after the date of the enactment of this Act, the Government Accountability Office shall complete a study for the Committee on the Judiciary of the House of Representatives to survey a majority of the States to assess the relative systems capabilities to comply with a Federal law that required all State driver's license systems to automatically access State and national databases of registered sex offenders in a form similar to the requirement of the Nevada law described in paragraph (2). The Government Accountability Office shall use the information drawn from this survey, along with other expert sources, to determine what the potential costs to the States would be if such a Federal law came into effect, and what level of Federal grants would be required to prevent an unfunded mandate. In addition, the Government Accountability Office shall seek the views of Federal and State law enforcement agencies, including in particular the Federal Bureau of Investigation, with regard to the anticipated effects of such a national requirement, including potential for undesired side effects in terms of actual compliance with this Act and related laws.

      (2) Not later than October 2006, the Government Accountability Office shall complete a study to evaluate the provisions of Chapter 507 of Statutes of Nevada 2005 to determine--

        (A) if those provisions are effective in increasing the registration compliance rates of sex offenders;

        (B) the aggregate direct and indirect costs for the state of Nevada to bring those provisions into effect; and

        (C) whether those provisions should be modified to improve compliance by registered sex offenders.

Subtitle B--Criminal Law Enforcement of Registration Requirements

SEC. 151. AMENDMENTS TO TITLE 18, UNITED STATES CODE, RELATING TO SEX OFFENDER REGISTRATION.

    (a) Criminal Penalties for Nonregistration- Part I of title 18, United States Code, is amended by inserting after chapter 109A the following:

`CHAPTER 109B--SEX OFFENDER AND CRIMES AGAINST CHILDREN REGISTRY

      `Sec.

      `2250. Failure to register.

`Sec. 2250. Failure to register

    `Whoever is required to register under the Sex Offender Registration 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, or resides in, 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 following new item:

--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, or section 1591, then the term of imprisonment 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 violates 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 imprisonment under subsection (e)(3) without regard 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, or section 1591, not less than 10 years.'.

    (f) Duties of Bureau of Prisons- Paragraph (3) of section 4042(c) of title 18, United States Code, is amended to read as follows:

    `(3) The Director of the Bureau of Prisons shall inform a person who is released from prison and required to register under the Sex Offender Registration and Notification 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 Amendments to Cross References- Paragraphs (1) and (2) of section 4042(c) of title 18, United States Code, are each amended by striking `(4)' and inserting `(3)'.

    (h) Conforming Repeal of Deadwood- Paragraph (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 REGISTRATION 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 necessary 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 APPREHENSION 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 governments, other public and private entities, and multi-jurisdictional 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 requirements.

`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 FACILITATE SEX OFFENSE.

    (a) Increased Punishment- Chapter 109A of title 18, United States Code, is amended by adding at the end the following:

`Sec. 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 PROGRAM.

    Sections 170101 (42 U.S.C. 14071) and 170102 (42 U.S.C. 14072) of the Violent Crime Control and Law Enforcement 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.

SEC. 156. ASSISTANCE FOR PROSECUTIONS OF CASES CLEARED THROUGH USE OF DNA BACKLOG CLEARANCE FUNDS.

    (a) In General- The Attorney General may make grants to train and employ personnel to help investigate and prosecute cases cleared through use of funds provided for DNA backlog elimination.

    (b) Authorization- There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010 to carry out this section.

SEC. 157. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.

    In addition to any other amounts authorized by law, there are authorized to be appropriated for grants to the American Prosecutors Research Institute under section 214A of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13003) $7,500,000 for each of fiscal years 2006 through 2010.

SEC. 158. GRANTS TO COMBAT SEXUAL ABUSE OF CHILDREN.

    (a) In General- The Bureau of Justice Assistance shall make grants to law enforcement agencies for purposes of this section. The Bureau shall make such a grant--

      (1) to each law enforcement agency that serves a jurisdiction with 50,000 or more residents; and

      (2) to each law enforcement agency that serves a jurisdiction with fewer than 50,000 residents, upon a showing of need.

    (b) Use of Grant Amounts- Grants under this section may be used by the law enforcement agency to--

      (1) hire additional law enforcement personnel, or train existing staff to combat the sexual abuse of children through community education and outreach, investigation of complaints, enforcement of laws relating to sex offender registries, and management of released sex offenders;

      (2) investigate the use of the Internet to facilitate the sexual abuse of children; and

      (3) purchase computer hardware and software necessary to investigate sexual abuse of children over the Internet, access local, State, and Federal databases needed to apprehend sex offenders, and facilitate the creation and enforcement of sex offender registries.

    (c) 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 section.

SEC. 159. EXPANSION OF TRAINING AND TECHNOLOGY EFFORTS.

    (a) Training- The Attorney General, in consultation with the Office of Juvenile Justice and Delinquency Prevention, shall--

      (1) expand training efforts with Federal, State, and local law enforcement officers and prosecutors to effectively respond to the threat to children and the public posed by sex offenders who use the internet and technology to solicit or otherwise exploit children;

      (2) facilitate meetings, between corporations that sell computer hardware and software or provide services to the general public related to use of the Internet, to identify problems associated with the use of technology for the purpose of exploiting children;

      (3) host national conferences to train Federal, State, and local law enforcement officers, probation and parole officers, and prosecutors regarding pro-active approaches to monitoring sex offender activity on the Internet;

      (4) develop and distribute, for personnel listed in paragraph (3), information regarding multi-disciplinary approaches to holding offenders accountable to the terms of their probation, parole, and sex offender registration laws; and

      (5) partner with other agencies to improve the coordination of joint investigations among agencies to effectively combat on-line solicitation of children by sex offenders.

    (b) Technology- The Attorney General, in consultation with the Office of Juvenile Justice and Delinquency Prevention, shall--

      (1) deploy, to all Internet Crimes Against Children Task Forces and their partner agencies, technology modeled after the Canadian Child Exploitation Tracking System; and

      (2) conduct training in the use of that technology.

    (c) Report- Not later than July 1, 2006, the Attorney General, in consultation with the Office of Juvenile Justice and Delinquency Prevention, shall submit to Congress a report on the activities carried out under this section. The report shall include any recommendations that the Attorney General, in consultation with the Office, considers appropriate.

    (d) Authorization of Appropriations- There are authorized to be appropriated to the Attorney General, for fiscal year 2006--

      (1) $1,000,000 to carry out subsection (a); and

      (2) $2,000,000 to carry out subsection (b).

Subtitle C--Children's Safety Office

SEC. 161. ESTABLISHMENT.

    There is hereby established within the Department of Justice, under the general authority of the Attorney General, a Children's Safety Office.

SEC. 162. PURPOSE.

    The purpose of the Office is to administer the sex offender registration program under subtitle A and to coordinate with other departments, agencies, and offices in preventing sexual abuse of children, prosecuting child sex offenders, and tracking child abusers post-conviction.

SEC. 163. DIRECTOR.

    (a) Advice and Consent- At the head of the Office shall be a Director, appointed by the President, by and with the advice and consent of the Senate. The Director shall report directly to the Attorney General.

    (b) Qualifications- The Director shall be appointed from among distinguished individuals who have--

      (1) proven academic, management, and leadership credentials;

      (2) a superior record of achievement; and

      (3) training or expertise in criminal law or the exploitation of children, or both.

    (c) Duties- The Director shall have the following duties:

      (1) To maintain liaison with the judicial branches of the Federal and State Governments on matters relating to children's safety from sex offenders.

      (2) To provide information to the President, the Congress, the Judiciary, State and local governments, and the general public on matters relating to children's safety from sex offenders.

      (3) To serve, when requested by the Attorney General, as the representative of the Department of Justice on domestic task forces, committees, or commissions addressing policy or issues relating to children's safety from sex offenders.

      (4) To provide technical assistance, coordination, and support to--

        (A) other components of the Department of Justice, in efforts to develop policy and to enforce Federal laws relating to sexual assaults against children, including the litigation of civil and criminal actions relating to enforcing such laws; and

        (B) other Federal, State, and local agencies, in efforts to develop policy, provide technical assistance, and improve coordination among agencies carrying out efforts to eliminate sexual assaults against children.

      (5) To exercise such other powers and functions as may be vested in the Director pursuant to this or any other Act or by delegation of the Attorney General in accordance with law.

      (6) To establish such rules, regulations, guidelines, and procedures as are necessary to carry out any function of the Office.

      (7) To oversee--

        (A) the grant programs under subtitle A; and

        (B) any other grant programs of the Department of Justice to the extent they relate to sexual assaults against children.

SEC. 164. ANNUAL REPORT.

    Not later than 180 days after the end of each fiscal year for which grants are made under subtitle A, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that includes, for each State or other jurisdiction--

      (1) the number of grants made and funds distributed under subtitle A;

      (2) a summary of the purposes for which those grants were provided and an evaluation of their progress;

      (3) a statistical summary of persons served, detailing the nature of victimization, and providing data on age, sex, relationship of victim to offender, geographic distribution, race, ethnicity, language, and disability, and the membership of persons served in any underserved population; and

      (4) an evaluation of the effectiveness of programs funded under subtitle A.

SEC. 165. STAFF.

    The Attorney General shall ensure that the Director has adequate staff to support the Director in carrying out the responsibilities of the Director.

SEC. 166. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary to carry out this subtitle.

SEC. 167. NONMONETARY ASSISTANCE.

    In addition to the assistance provided under subtitle A, the Attorney General may request any Federal agency to use its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of State and local assistance efforts consistent with the purposes of this title.

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 PROSECUTE 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 `, provided' and all that follows through `System'; and

      (2) by striking subsections (d) and (e).

    (b) DNA Sample Collection From Persons Arrested or Detained Under Federal Authority-

      (1) IN GENERAL- Section 3 of the DNA Analysis 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 provided by the Attorney General by regulation, collect DNA samples from individuals who are arrested, 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 individuals 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 `Attorney General, the Director of the Bureau of Prisons,'; and

        (B) in subsection (b), by striking `Director of the Bureau of Prisons' and inserting `Attorney General, the Director of the Bureau of Prisons,'.

      (2) CONFORMING AMENDMENT- Subsections (b) and (c)(1)(A) of section 3142 of title 18, United States Code, are each amended by inserting `and subject to the condition that the person cooperate in the collection of a DNA sample from the person if the collection 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 release'.

    (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 CHILDREN.

    In carrying out Acts of Congress relating to DNA databases, the Attorney General shall give appropriate consideration to the need for the collection and testing of DNA to stop violent predators against children.

SEC. 204. MODEL CODE ON INVESTIGATING MISSING PERSONS 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 investigating a missing person or a death. The procedures shall include the use of DNA analysis to help locate missing persons 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 implemented 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 DETERRENCE OF CRIMES AGAINST CHILDREN ACT OF 2005

SEC. 301. SHORT TITLE.

    This title may be cited as the `Prevention and Deterrence 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 imprisonment 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, aggravated 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 injury (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 COLLATERAL REVIEW OF CONVICTIONS FOR KILLING 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 jurisdiction to consider any claim relating to the judgment or sentence in an application described under paragraph (2), unless the applicant shows that the claim qualifies for consideration 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 appeals panel must authorize any second or successive application in conformity with section 2244 before any consideration by the district court.

    `(2) This subsection applies to an application for a writ of habeas corpus on behalf of a person in custody pursuant 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 evidentiary 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 motion 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 habeas 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 petition 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 appeals:

      `(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 appellant files a brief in response to the issues presented 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 petition 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 decide 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 appeal 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 petition 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 described 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 responsive 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 ground for granting relief from a judgment of conviction or sentence, nor shall the time limitations under this subsection be construed to entitle a capital applicant to a stay of execution, to which the applicant would otherwise not be entitled, for the purpose of litigating any application or appeal.

    `(k) Sentencing Claims- A court, justice, or judge shall not have jurisdiction to consider an application with respect to an error relating to the applicant's sentence or sentencing that has been found to be harmless or not prejudicial in State court proceedings, or that was found by a State court to be procedurally barred, unless a determination that the error is not structural is contrary to clearly established Federal law, as determined by the Supreme Court of the United States.'.

    (b) Victims' Rights in Habeas Cases- Section 3771(b) of title 18, United States Code, is amended by adding at the end the following: `The rights established for crime victims by this section shall also be extended in a Federal habeas corpus proceeding arising out of a State conviction to victims of the State offense at issue.'.

    (c) Application to Pending Cases-

      (1) IN GENERAL- The amendment made by this section apply to cases pending on the date of the enactment of this Act as well as to cases commenced on and after that date.

      (2) SPECIAL RULE FOR TIME LIMITS- In a case pending on the date of the enactment of this Act, if the amendment made by subsection (a) provides that a time limit runs from an event or time that has occurred before that date, the time limit shall instead run from that date.

SEC. 304. STATISTICS.

    (a) Coverage- Subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting `gender,' before `or ethnicity'.

    (b) Data- Subsection (b)(5) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting `, including data about crimes committed by and directed against juveniles' after `data acquired under this section'.

SEC. 305. STUDY OF INTERSTATE TRACKING OF PERSONS CONVICTED OF OR UNDER INVESTIGATION FOR CHILD ABUSE.

    (a) STUDY- The Attorney General, in consultation with the Secretary of Health and Human Services, shall study the establishment of a nationwide interstate tracking system of persons convicted of, or under investigation for, child abuse. The study shall include an analysis, along with the costs and benefits, of various mechanisms for establishing an interstate tracking system, and include the extent to which existing registries could be used.

    (b) REPORT- Not later than 90 days after the date of the enactment of this Act, the Secretary shall report to the Congress the results of the study under this section.

SEC. 306. ACCESS TO FEDERAL CRIME INFORMATION DATABASES BY EDUCATIONAL AGENCIES FOR CERTAIN PURPOSES.

    (a) In General- The Attorney General of the United States shall, upon request of the chief executive officer of a State, conduct fingerprint-based checks of the national crime information databases (as defined in section 534(e)(3)(A) of title 28, United States Code), pursuant to a request submitted by a local educational agency or State educational agency in that State, on individuals under consideration for employment by the agency in a position in which the individual would work with or around children. Where possible, the check shall include a fingerprint-based check of State criminal history databases. The Attorney General and the States may charge any applicable fees for these checks.

    (b) Protection of Information- An individual having information derived as a result of a check under subsection (a) may release that information only to an appropriate officer of a local educational agency or State educational agency, or to another person authorized by law to receive that information.

    (c) Criminal Penalties- An individual who knowingly exceeds the authority in subsection (a), or knowingly releases information in violation of subsection (b), shall be imprisoned not more than 10 years or fined under title 18, United States Code, or both.

    (d) Definition- In this section, the terms `local educational agency' and `State educational agency' have the meanings given to those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

TITLE IV--PROTECTION AGAINST SEXUAL EXPLOITATION OF CHILDREN ACT OF 2005

SEC. 401. SHORT TITLE.

    This title may be cited as the `Protection Against Sexual Exploitation of Children Act of 2005'.

SEC. 402. INCREASED PENALTIES FOR SEXUAL OFFENSES AGAINST CHILDREN.

    (a) Sexual Abuse and Contact-

      (1) AGGRAVATED SEXUAL ABUSE OF CHILDREN- Section 2241(c) of title 18, United States Code, is amended by striking `, imprisoned for any term of years or life, or both.' and inserting `and imprisoned for not less than 30 years or for life.'.

      (2) ABUSIVE SEXUAL CONTACT WITH CHILDREN- Section 2244 of chapter 109A of title 18, United States Code, is amended--

        (A) in subsection (a)--

          (i) in paragraph (1), by inserting `subsection (a) or (b) of' before `section 2241';

          (ii) by striking `or' at the end of paragraph (3);

          (iii) by striking the period at the end of paragraph (4) and inserting `; or'; and

          (iv) by inserting after paragraph (4) the following:

      `(5) subsection (c) of section 2241 of this title had the sexual contact been a sexual act, shall be fined under this title and imprisoned for not less than 10 years and not more than 25 years.'; and

        (B) in subsection (c), by inserting `(other than subsection (a)(5))' after `violates this section'.

      (3) SEXUAL ABUSE OF CHILDREN RESULTING IN DEATH- Section 2245 of title 18, United States Code, is amended--

        (A) by inserting `, chapter 110, chapter 117, or section 1591' after `this chapter';

        (B) by striking `A person' and inserting `(a) In General- A person'; and

        (C) by adding at the end the following:

    `(b) Offenses Involving Young Children- A person who, in the course of an offense under this chapter, chapter 110, chapter 117, or section 1591 engages in conduct that results in the death of a person who has not attained the age of 12 years, shall be punished by death or imprisoned for not less than 30 years or for life.'.

      (4) DEATH PENALTY AGGRAVATING FACTOR- Section 3592(c)(1) of title 18, United States Code, is amended by inserting `section 2245 (sexual abuse resulting in death),' after `(wrecking trains),'.

    (b) Sexual Exploitation and Other Abuse of Children-

      (1) SEXUAL EXPLOITATION OF CHILDREN- Section 2251(e) of title 18, United States Code, is amended--

        (A) by striking `15 years nor more than 30 years' and inserting `25 years or for life';

        (B) by inserting `section 1591,' after `this chapter,' the first place it appears;

        (C) by striking `the sexual exploitation of children' the first place it appears and inserting `aggravated sexual abuse, sexual abuse, abusive sexual contact involving a minor or ward, or sex trafficking of children, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography';

        (D) by striking `not less than 25 years nor more than 50 years, but if such person has 2 or more prior convictions under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to the sexual exploitation of children, such person shall be fined under this title and imprisoned not less than 35 years nor more than life.' and inserting `life.'; and

        (E) by striking `any term of years or for life' and inserting `not less than 30 years or for life'.

      (2) ACTIVITIES RELATING TO MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF CHILDREN- Section 2252(b) of title 18, United States Code, is amended--

        (A) in paragraph (1)--

          (i) by striking `paragraphs (1)' and inserting `paragraph (1)';

          (ii) by inserting `section 1591,' after `this chapter,';

          (iii) by inserting `, or sex trafficking of children' after `pornography';

          (iv) by striking `5 years and not more than 20 years' and inserting `25 years or for life'; and

          (v) by striking `not less than 15 years nor more than 40 years.' and inserting `life.'; and

        (B) in paragraph (2)--

          (i) by striking `or imprisoned not more than 10 years' and inserting `and imprisoned for not less than 10 nor more than 30 years';

          (ii) by striking `, or both'; and

          (iii) by striking `10 years nor more than 20 years.' and inserting `30 years or for life.'.

      (3) ACTIVITIES RELATING TO MATERIAL CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY- Section 2252A(b) of title 18, United States Code, is amended--

        (A) in paragraph (1)--

          (i) by inserting `section 1591,' after `this chapter,';

          (ii) by inserting `, or sex trafficking of children' after `pornography';

          (iii) by striking `5 years and not more than 20 years' and inserting `25 years or for life'; and

          (iv) by striking `not less than 15 years nor more than 40 years' and inserting `life'; and

        (B) in paragraph (2)--

          (i) by striking `or imprisoned not more than 10 years, or both' and inserting `and imprisoned for not less than 10 nor more than 30 years'; and

          (ii) by striking `10 years nor more than 20 years' and inserting `30 years or for life'.

      (4) USING MISLEADING DOMAIN NAMES TO DIRECT CHILDREN TO HARMFUL MATERIAL ON THE INTERNET- Section 2252B(b) of title 18, United States Code, is amended by striking `or imprisoned not more than 4 years, or both' and inserting ` and imprisoned not less than 10 nor more than 30 years'.

      (5) PRODUCTION OF SEXUALLY EXPLICIT DEPICTIONS OF CHILDREN- Section 2260(c) of title 18, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following:

      `(1) shall be fined under this title and imprisoned for any term or years not less than 25 or for life; and

      `(2) if the person has a prior conviction under this chapter, section 1591, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), shall be fined under this title and imprisoned for life.'.

    (c) Mandatory Life Imprisonment for Certain Repeated Sex Offenses Against Children- Section 3559(e)(2)(A) of title 18, United States Code, is amended--

      (1) by striking `or 2423(a)' and inserting `2423(a)'; and

      (2) by inserting `, 2423(b) (relating to travel with intent to engage in illicit sexual conduct), 2423(c) (relating to illicit sexual conduct in foreign places), or 2425 (relating to use of interstate facilities to transmit information about a minor)' after `minors)'.

SEC. 403. SENSE OF CONGRESS WITH RESPECT TO PROSECUTIONS UNDER SECTION 2422(b) OF TITLE 18, UNITED STATES CODE.

    (a) Findings- Congress finds that--

      (1) a jury convicted Jan P. Helder, Jr., of using a computer to attempt to entice an individual who had not attained the age of 18 years to engage in unlawful sexual activity;

      (2) during the trial, evidence showed that Jan Helder had engaged in an online chat with an individual posing as a minor, who unbeknownst to him, was an undercover law enforcement officer;

      (3) notwithstanding, Dean Whipple, District Judge for the Western District of Missouri, acquitted Jan Helder, ruling that because he did not, in fact, communicate with a minor, he did not commit a crime;

      (4) the 9th Circuit Court of Appeals, in United States v. Jeffrey Meek, specifically addressed the question facing Judge Whipple and concurred with the 5th and 11th Circuit Courts in finding that `an actual minor victim is not required for an attempt conviction under 18 U.S.C. 2422(b).';

      (5) the Department of Justice has successfully used evidence obtained through undercover law enforcement to prosecute and convict perpetrators who attempted to solicit children on the Internet; and

      (6) the Department of Justice states, `Online child pornography/child sexual exploitation is the most significant cyber crime problem confronting the FBI that involves crimes against children'.

    (b) Sense of Congress- It is the sense of Congress that--

      (1) it is a crime under section 2422(b) of title 18, United States Code, to use a facility of interstate commerce to attempt to entice an individual who has not attained the age of 18 years into unlawful sexual activity, even if the perpetrator incorrectly believes that the individual has not attained the age of 18 years;

      (2) well-established caselaw has established that section 2422(b) of title 18, United States Code, criminalizes any attempt to entice a minor into unlawful sexual activity, even if the perpetrator incorrectly believes that the individual has not attained the age of 18 years;

      (3) the Department of Justice should appeal Judge Whipple's decision in United States v. Helder, Jr. and aggressively continue to track down and prosecute sex offenders on the Internet; and

      (4) Judge Whipple's decision in United States v. Helder, Jr. should be overturned in light of the law as it is written, the intent of Congress, and well-established caselaw.

TITLE V--FOSTER CHILD PROTECTION AND CHILD SEXUAL PREDATOR DETERRENCE

SEC. 501. SHORT TITLE.

    This title may be cited as the `Foster Child Protection and Child Sexual Predator Sentencing Act of 2005'.

SEC. 502. REQUIREMENT TO COMPLETE BACKGROUND CHECKS BEFORE APPROVAL OF ANY FOSTER OR ADOPTIVE PLACEMENT AND TO CHECK NATIONAL CRIME INFORMATION DATABASES AND STATE CHILD ABUSE REGISTRIES; SUSPENSION AND SUBSEQUENT ELIMINATION OF OPT-OUT.

    (a) Requirement to Complete Background Checks Before Approval of Any Foster or Adoptive Placement and to Check National Crime Information Databases and State Child Abuse Registries; Suspension of Opt-out-

      (1) REQUIREMENT TO CHECK NATIONAL CRIME INFORMATION DATABASES AND STATE CHILD ABUSE REGISTRIES- Section 471(a)(20) of the Social Security Act (42 U.S.C. 671(a)(20)) is amended--

        (A) in subparagraph (A)--

          (i) in the matter preceding clause (i)--

            (I) by inserting `, including checks of national crime information databases (as defined in section 534(e)(3)(A) of title 28, United States Code),' after `criminal records checks'; and

            (II) by striking `on whose behalf foster care maintenance payments or adoption assistance payments are to be made' and inserting `regardless of whether foster care maintenance payments or adoption assistance payments are to be made on behalf of the child'; and

          (ii) in each of clauses (i) and (ii), by inserting `involving a child on whose behalf such payments are to be so made' after `in any case'; and

        (B) by adding at the end the following:

      `(C) provides that the State shall--

        `(i) check any child abuse and neglect registry maintained by the State for information on any prospective foster or adoptive parent and on any other adult living in the home of such a prospective parent, and request any other State in which any such prospective parent or other adult has resided in the preceding 5 years, to enable the State to check any child abuse and neglect registry maintained by such other State for such information, before the prospective foster or adoptive parent may be finally approved for placement of a child, regardless of whether foster care maintenance payments or adoption assistance payments are to be made on behalf of the child under the State plan under this part;

        `(ii) comply with any request described in clause (i) that is received from another State; and

        `(iii) have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the State, and to prevent any such information obtained pursuant to this subparagraph from being used for a purpose other than the conducting of background checks in foster or adoptive placement cases;'.

      (2) SUSPENSION OF OPT-OUT- Section 471(a)(20)(B) of such Act (42 U.S.C. 671(a)(20)(B)) is amended--

        (A) by inserting `, on or before September 30, 2005,' after `plan if'; and

        (B) by inserting `, on or before such date,' after `or if'.

    (b) Elimination of Opt-Out- Section 471(a)(20) of such Act (42 U.S.C. 671(a)(20)), as amended by subsection (a) of this section, is amended--

      (1) in subparagraph (A), in the matter preceding clause (i), by striking `unless an election provided for in subparagraph (B) is made with respect to the State,'; and

      (2) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B).

    (c) Effective Date-

      (1) IN GENERAL- The amendments made by subsection (a) shall take effect on October 1, 2005, and shall apply with respect to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date.

      (2) ELIMINATION OF OPT-OUT- The amendments made by subsection (b) shall take effect on October 1, 2007, and shall apply with respect to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date.

      (3) DELAY PERMITTED IF STATE LEGISLATION REQUIRED- If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under section 471 of the Social Security Act to meet the additional requirements imposed by the amendments made by a subsection of this section, the plan shall not be regarded as failing to meet any of the additional requirements before the first day of the first calendar quarter beginning after the first regular session of the State legislature that begins after the otherwise applicable effective date of the amendments. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

SEC. 503. ACCESS TO FEDERAL CRIME INFORMATION DATABASES BY CHILD WELFARE AGENCIES FOR CERTAIN PURPOSES.

    (a) IN GENERAL- The Attorney General of the United States shall, upon request of the chief executive officer of a State, conduct fingerprint-based checks of the national crime information databases (as defined in section 534(e)(3)(A) of title 28, United States Code) submitted by a local child welfare agency for the purpose of conducting a background check required under section 471(a)(20) of the Social Security Act on individuals under consideration as prospective foster or adoptive parents. Where possible, the check shall include a fingerprint-based check of State criminal history databases. The Attorney General and the States may charge any applicable fees for the checks.

    (b) LIMITATION- An officer may use the authority under subsection (a) only for the purpose of conducting the background checks required under section 471(a)(20) of the Social Security Act.

    (c) PROTECTION OF INFORMATION- An individual having information derived as a result of a check under subsection (a) may release that information only to appropriate officers of child welfare agencies or another person authorized by law to receive that information.

    (d) CRIMINAL PENALTIES- An individual who knowingly exceeds the authority in subsection (a), or knowingly releases information in violation of subsection (c), shall be imprisoned not more than 10 years or fined under title 18, United States Code, or both.

    (e) CHILD WELFARE AGENCY DEFINED- In this section, the term `child welfare agency' means--

      (1) the State or local agency responsible for administering the plan under part B or part E of title IV of the Social Security Act; and

      (2) any other public agency, or any other private agency under contract with the State or local agency responsible for administering the plan under part B or part E of title IV of the Social Security Act, that is responsible for the licensing or approval of foster or adoptive parents.

SEC. 504. PENALTIES FOR COERCION AND ENTICEMENT BY SEX OFFENDERS.

    Section 2422(a) of title 18, United States Code, is amended by striking `or imprisoned not more than 20 years, or both' and inserting `and imprisoned not less than 10 years nor more than 30 years'.

SEC. 505. PENALTIES FOR CONDUCT RELATING TO CHILD PROSTITUTION.

    Section 2423 of title 18, United States Code, is amended--

      (1) in subsection (a), by striking `5 years and not more than 30 years' and inserting `30 years or for life';

      (2) in subsection (b), by striking `or imprisoned not more than 30 years, or both' and inserting `and imprisoned for not less than 10 years and not more than 30 years';

      (3) in subsection (c), by striking `or imprisoned not more than 30 years, or both' and inserting `and imprisoned for not less than 10 years and not more than 30 years'; and

      (4) in subsection (d), by striking `imprisoned not more than 30 years, or both' and inserting `and imprisoned for not less than 10 nor more than 30 years'.

SEC. 506. PENALTIES FOR SEXUAL ABUSE.

    (a) Aggravated Sexual Abuse- Section 2241 of title 18, United States Code, is amended--

      (1) in subsection (a), by striking `, imprisoned for any term of years or life, or both' and inserting `and imprisoned for any term of years not less than 30 or for life'; and

      (2) in subsection (b), by striking `, imprisoned for any term of years or life, or both' and inserting `and imprisoned for any term of years not less than 25 or for life'.

    (b) Sexual Abuse- Section 2242 of title 18, United States Code, is amended by striking `, imprisoned not more than 20 years, or both' and inserting `and imprisoned not less than 15 years nor more than 40 years'.

    (c) Abusive Sexual Contact- Section 2244(a) of title 18, United States Code, is amended--

      (1) in paragraph (2), by striking `, imprisoned not more than three years, or both' and inserting `and imprisoned not less than 5 years nor more than 30 years';

      (2) in paragraph (3), by striking `, imprisoned not more than two years, or both' and inserting `and imprisoned not less than 4 years nor more than 20 years'; and

      (3) in paragraph (4), by striking `, imprisoned not more than six months, or both' and inserting `and imprisoned not less than 2 years nor more than 10 years'.

SEC. 507. SEX OFFENDER SUBMISSION TO SEARCH AS CONDITION OF RELEASE.

    (a) Conditions of Probation- Section 3563(a) of title 18, United States Code, is amended--

      (1) in paragraph (9), by striking the period and inserting `; and'; and

      (2) by inserting after paragraph (9) the following:

      `(10) for a person who is a felon or required to register under the Sex Offender Registration and Notification Act, that the person submit his person, and any property, house, residence, vehicle, papers, computer, other electronic communication or data storage devices or media, and effects to search at any time, with or without a warrant, by any law enforcement or probation officer with reasonable suspicion concerning a violation of a condition of probation or unlawful conduct by the person, and by any probation officer in the lawful discharge of the officer's supervision functions.'.

    (b) Supervised Release- Section 3583(d) of title 18, United States Code, is amended by adding at the end the following: `The court may order, as an explicit condition of supervised release for a person who is a felon or required to register under the Sex Offender Registration and Notification Act, that the person submit his person, and any property, house, residence, vehicle, papers, computer, other electronic communications or data storage devices or media, and effects to search at any time, with or without a warrant, by any law enforcement or probation officer with reasonable suspicion concerning a violation of a condition of supervised release or unlawful conduct by the person, and by any probation officer in the lawful discharge of the officer's supervision functions.'.

SEC. 508. KIDNAPPING PENALTIES AND JURISDICTION.

    Section 1201 of title 18, United States Code, is amended--

      (1) in subsection (a)(1), by striking `if the person was alive when the transportation began' and inserting `, or the offender travels in interstate or foreign commerce or uses the mail or any means, facility, or instrumentality of interstate or foreign commerce in committing or in furtherance of the commission of the offense'; and

      (2) in subsection (b), by striking `to interstate' and inserting `in interstate'.

SEC. 509. MARITAL COMMUNICATION AND ADVERSE SPOUSAL PRIVILEGE.

    (a) In General- Chapter 119 of title 28, United States Code, is amended by inserting after section 1826 the following:

`Sec. 1826A. Marital communications and adverse spousal privilege

    `The confidential marital communication privilege and the adverse spousal privilege shall be inapplicable in any Federal proceeding in which a spouse is charged with a crime against--

      `(1) a child of either spouse; or

      `(2) a child under the custody or control of either spouse.'.

    (b) Technical and Conforming Amendment- The table of sections for chapter 119 of title 28, United States Code, is amended by inserting after the item relating to section 1826 the following:

      `1826A. Marital communications and adverse spousal privilege.'.

SEC. 510. ABUSE AND NEGLECT OF INDIAN CHILDREN.

    Section 1153(a) of title 18, United States Code, is amended by inserting `felony child abuse or neglect,' after `years,'.

SEC. 511. CIVIL COMMITMENT.

    Chapter 313 of title 18, United States Code, is amended--

      (1) in the chapter analysis--

        (A) in the item relating to section 4241, by inserting `or to undergo postrelease proceedings' after `trial'; and

        (B) by inserting at the end the following:

      `4248. Civil commitment of a sexually dangerous person.';

      (2) in section 4241--

        (A) in the heading, by inserting `or to undergo postrelease proceedings' after `trial';

        (B) in the first sentence of subsection (a), by inserting `or at any time after the commencement of probation or supervised release and prior to the completion of the sentence,' after `defendant,';

        (C) in subsection (d)--

          (i) by striking `trial to proceed' each place it appears and inserting `proceedings to go forward'; and

          (ii) by striking `section 4246' and inserting `sections 4246 and 4248'; and

        (D) in subsection (e)--

          (i) by inserting `or other proceedings' after `trial'; and

          (ii) by striking `chapter 207' and inserting `chapters 207 and 227';

      (3) in section 4247--

        (A) by striking `, or 4246' each place it appears and inserting `, 4246, or 4248';

        (B) in subsections (g) and (i), by striking `4243 or 4246' each place it appears and inserting `4243, 4246, or 4248';

        (C) in subsection (a)--

          (i) by amending subparagraph (1)(C) to read as follows:

        `(C) drug, alcohol, and sex offender treatment programs, and other treatment programs that will assist the individual in overcoming a psychological or physical dependence or any condition that makes the individual dangerous to others; and';

          (ii) in paragraph (2), by striking `and' at the end;

          (iii) in paragraph (3), by striking the period at the end and inserting a semicolon; and

          (iv) by inserting at the end the following:

      `(4) `bodily injury' includes sexual abuse;

      `(5) `sexually dangerous person' means a person who has engaged or attempted to engage in sexually violent conduct or child molestation and who is sexually dangerous to others; and

      `(6) `sexually dangerous to others' means that a person suffers from a serious mental illness, abnormality, or disorder as a result of which he would have serious difficulty in refraining from sexually violent conduct or child molestation if released.';

        (D) in subsection (b), by striking `4245 or 4246' and inserting `4245, 4246, or 4248'; and

        (E) in subsection (c)(4)--

          (i) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F) respectively; and

          (ii) by inserting after subparagraph (C) the following:

        `(D) if the examination is ordered under section 4248, whether the person is a sexually dangerous person;'; and

      (4) by inserting at the end the following:

`Sec. 4248. Civil commitment of a sexually dangerous person

    `(a) Institution of Proceedings- In relation to a person who is in the custody of the Bureau of Prisons, or who has been committed to the custody of the Attorney General pursuant to section 4241(d), or against whom all criminal charges have been dismissed solely for reasons relating to the mental condition of the person, the Attorney General or any individual authorized by the Attorney General or the Director of the Bureau of Prisons may certify that the person is a sexually dangerous person, and transmit the certificate to the clerk of the court for the district in which the person is confined. The clerk shall send a copy of the certificate to the person, and to the attorney for the Government, and, if the person was committed pursuant to section 4241(d), to the clerk of the court that ordered the commitment. The court shall order a hearing to determine whether the person is a sexually dangerous person. A certificate filed under this subsection shall stay the release of the person pending completion of procedures contained in this section.

    `(b) Psychiatric or Psychological Examination and Report- Prior to the date of the hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247(b) and (c).

    `(c) Hearing- The hearing shall be conducted pursuant to the provisions of section 4247(d).

    `(d) Determination and Disposition- If, after the hearing, the court finds by clear and convincing evidence that the person is a sexually dangerous person, the court shall commit the person to the custody of the Attorney General. The Attorney General shall release the person to the appropriate official of the State in which the person is domiciled or was tried if such State will assume responsibility for his custody, care, and treatment. The Attorney General shall make all reasonable efforts to cause such a State to assume such responsibility. If, notwithstanding such efforts, neither such State will assume such responsibility, the Attorney General shall place the person for treatment in a suitable facility, until--

      `(1) such a State will assume such responsibility; or

      `(2) the person's condition is such that he is no longer sexually dangerous to others, or will not be sexually dangerous to others if released under a prescribed regimen of medical, psychiatric, or psychological care or treatment;

    whichever is earlier. The Attorney General shall make all reasonable efforts to have a State to assume such responsibility for the person's custody, care, and treatment.

    `(e) Discharge- When the Director of the facility in which a person is placed pursuant to subsection (d) determines that the person's condition is such that he is no longer sexually dangerous to others, or will not be sexually dangerous to others if released under a prescribed regimen of medical, psychiatric, or psychological care or treatment, he shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment. The clerk shall send a copy of the certificate to the person's counsel and to the attorney for the Government. The court shall order the discharge of the person or, on motion of the attorney for the Government or on its own motion, shall hold a hearing, conducted pursuant to the provisions of section 4247(d), to determine whether he should be released. If, after the hearing, the court finds by a preponderance of the evidence that the person's condition is such that--

      `(1) he will not be sexually dangerous to others if released unconditionally, the court shall order that he be immediately discharged; or

      `(2) he will not be sexually dangerous to others if released under a prescribed regimen of medical, psychiatric, or psychological care or treatment, the court shall--

        `(A) order that he be conditionally discharged under a prescribed regimen of medical, psychiatric, or psychological care or treatment that has been prepared for him, that has been certified to the court as appropriate by the Director of the facility in which he is committed, and that has been found by the court to be appropriate; and

        `(B) order, as an explicit condition of release, that he comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment.

      The court at any time may, after a hearing employing the same criteria, modify or eliminate the regimen of medical, psychiatric, or psychological care or treatment.

    `(f) Revocation of Conditional Discharge- The director of a facility responsible for administering a regimen imposed on a person conditionally discharged under subsection (e) shall notify the Attorney General and the court having jurisdiction over the person of any failure of the person to comply with the regimen. Upon such notice, or upon other probable cause to believe that the person has failed to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, the person may be arrested, and, upon arrest, shall be taken without unnecessary delay before the court having jurisdiction over him. The court shall, after a hearing, determine whether the person should be remanded to a suitable facility on the ground that he is sexually dangerous to others in light of his failure to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment.

    `(g) Release to State of Certain Other Persons- If the director of the facility in which a person is hospitalized or placed pursuant to this chapter certifies to the Attorney General that a person, against him all charges have been dismissed for reasons not related to the mental condition of the person, is a sexually dangerous person, the Attorney General shall release the person to the appropriate official of the State in which the person is domiciled or was tried for the purpose of institution of State proceedings for civil commitment. If neither such State will assume such responsibility, the Attorney General shall release the person upon receipt of notice from the State that it will not assume such responsibility, but not later than 10 days after certification by the director of the facility.'.

SEC. 512. STATE CIVIL COMMITMENT PROGRAMS FOR SEXUALLY DANGEROUS PERSONS.

    (a) Grants Authorized- The Attorney General shall make grants to jurisdictions for the purpose of establishing, enhancing, or operating effective civil commitment programs for sexually dangerous persons.

    (b) Eligibility-

      (1) IN GENERAL- To be eligible to receive a grant under this section, a jurisdiction must, before the expiration of the compliance period--

        (A) have established a civil commitment program for sexually dangerous persons that is consistent with guidelines issued by the Attorney General; or

        (B) submit a plan for the establishment of such a program.

      (2) COMPLIANCE PERIOD- The compliance period referred to in paragraph (1) expires on the date that is 2 years after the date of the enactment of this Act. However, the Attorney General may, on a case-by-case basis, extend the compliance period that applies to a jurisdiction if the Attorney General considers such an extension to be appropriate.

    (c) Attorney General Reports- Not later than January 31 of each year, beginning with 2008, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of jurisdictions in implementing this section and the rate of sexually violent offenses for each jurisdiction.

    (d) Definitions- As used in this section:

      (1) The term `civil commitment program' means a program that involves--

        (A) secure civil confinement, including appropriate control, care, and treatment during such confinement; and

        (B) appropriate supervision, care, and treatment for individuals released following such confinement.

      (2) The term `sexually dangerous person' means an individual who is dangerous to others because of a mental illness, abnormality, or disorder that creates a risk that the individual will engage in sexually violent conduct or child molestation.

      (3) The term `jurisdiction' has the meaning given such term in section 111.

    (e) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2006, 2007, 2008, and 2009.

SEC. 513. MANDATORY PENALTIES FOR SEX-TRAFFICKING OF CHILDREN.

    Section 1591(b) of title 18, United States Code, is amended--

      (1) in paragraph (1)--

        (A) by striking `or imprisonment' and inserting `and imprisonment';

        (B) by inserting `not less than 20' after `any term of years'; and

        (C) by striking `, or both'; and

      (2) in paragraph (2)--

        (A) by striking `or imprisonment for not' and inserting `and imprisonment for not less than 10 years nor'; and

        (B) by striking `, or both'.

SEC. 514. SEXUAL ABUSE OF WARDS.

    Chapter 109A of title 18, United States Code, is amended--

      (1) in section 2243(b), by striking `one year' and inserting `five years';

      (2) in section 2244(b), by striking `six months' and inserting `two years'; and

      (3) by inserting after `Federal prison,' each place it appears, other than the second sentence of section 2241(c), the following: `or being in the custody of the Attorney General or the Bureau of Prisons or confined in any institution or facility by direction of the Attorney General or the Bureau of Prisons,'.

SEC. 515. NO LIMITATION FOR PROSECUTION OF FELONY SEX OFFENSES.

    Chapter 213 of title 18, United States Code, is amended--

      (1) by adding at the end the following:

`Sec. 3298. Child abduction and sex offenses

    `Notwithstanding any other law, an indictment may be found or an information instituted at any time without limitation for any offense under section 1201 involving a minor victim, and for any felony under chapter 109A, 110, or 117, or section 1591.'; and

      (2) by adding at the end of the table of sections at the beginning of the chapter the following new item:

      `3298. Child abduction and sex offenses.'.

SEC. 516. CHILD ABUSE REPORTING.

    Section 2258 of title 18, United States Code, is amended by striking `Class B misdemeanor' and inserting `Class A misdemeanor'.

SEC. 517. SENSE OF CONGRESS.

    It is the sense of Congress that background checks conducted as a precondition to approval of any foster or adoptive placement of children affected by a natural disaster or terrorist attack should be expedited in order to ensure that such children do not become subjected to the offenses enumerated in this Act.

SEC. 518. DEFENDANTS IN CERTAIN CRIMINAL CASES TO BE TESTED FOR HIV.

    (a) In General- A jurisdiction shall have in effect laws or regulations with respect to a defendant against whom an information or indictment is presented for a crime in which by force or threat of force the perpetrator compels the victim to engage in sexual activity that require as follows:

      (1) That the defendant be tested for HIV disease if--

        (A) the nature of the alleged crime is such that the sexual activity would have placed the victim at risk of becoming infected with HIV; or

        (B) the victim requests that the defendant be so tested.

      (2) That if the conditions specified in paragraph (1) are met, the defendant undergo the test not later than 48 hours after the date on which the information or indictment is presented, and that as soon thereafter as is practicable the results of the test be made available to--

        (A) the victim;

        (B) the defendant (or if the defendant is a minor, to the legal guardian of the defendant);

        (C) the attorneys of the victim;

        (D) the attorneys of the defendant;

        (E) the prosecuting attorneys; and

        (F) the judge presiding at the trial, if any.

      (3) That if the defendant has been tested pursuant to paragraph (2), the defendant, upon request of the victim, undergo such follow-up tests for HIV as may be medically appropriate, and that as soon as is practicable after each such test the results of the test be made available in accordance with paragraph (1) (except that this paragraph applies only to the extent that the individual involved continues to be a defendant in the judicial proceedings involved, or is convicted in the proceedings).

      (4) That, if the results of a test conducted pursuant to paragraph (2) or (3) indicate that the defendant has HIV disease, such fact may, as relevant, be considered in the judicial proceedings conducted with respect to the alleged crime.

    (b) Failure to Comply-

      (1) IN GENERAL- For any fiscal year beginning 2 or more years after the date of the enactment of this Act, a jurisdiction that fails to implement this section 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:

        (A) 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 Enforcement Assistance Programs, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.

        (B) LLEBG- The Local Government Law Enforcement Block Grants program.

      (2) REALLOCATION- Amounts not allocated under a program referred to in paragraph (1) to a jurisdiction for failure to fully implement this section shall be reallocated under that program to jurisdictions that have not failed to implement this section.

TITLE VI--MISCELLANEOUS PROVISION

SEC. 601. BAN ON FIREARM FOR PERSON CONVICTED OF A MISDEMEANOR SEX OFFENSE AGAINST A MINOR.

    (a) Disposition of Firearm- Section 922(d) of title 18, United States Code, is amended--

      (1) by striking `or' at the end of paragraph (8);

      (2) by striking the period at the end of paragraph (9) and inserting `; or'; and

      (3) by inserting after paragraph (9) the following:

      `(10) has been convicted in any court of a misdemeanor sex offense against a minor.'.

    (b) Possession of Firearm- Section 922(g) of title 18, United States Code, is amended--

      (1) by striking `or' at the end of paragraph (8);

      (2) by striking the comma at the end of paragraph (9) and inserting `; or'; and

      (3) by inserting after paragraph (9) the following:

      `(10) who has been convicted in any court of a misdemeanor sex offense against a minor,'.

    (c) Misdemeanor Sex Offense Against a Minor Defined- Section 921(a) of such title is amended by adding at the end the following:

      `(36)(A) The term `misdemeanor sex offense against a minor' means a sex offense against a minor punishable by imprisonment for not more than one year.

      `(B) The term `sex offense' means a criminal offense that has, as an element, a sexual act or sexual contact with another, or an attempt or conspiracy to commit such an offense.

      `(C) The term `minor' means an individual who has not attained 18 years of age.'.

TITLE VII--NATIONAL REGISTER OF CASES OF CHILD ABUSE OR NEGLECT

SEC. 701. NATIONAL REGISTER OF CASES OF CHILD ABUSE OR NEGLECT.

    (a) In General- The Attorney General, in consultation with the Secretary of Health and Human Services, shall create a national register of cases of child abuse or neglect. The information in such register shall be supplied by States, or, at the option of a State, by political subdivisions of such State.

    (b) Information- The register described in subsection (a) shall collect in a central electronic database information on children reported to a State, or a political subdivision of a State, as abused or neglected.

    (c) Scope of Information-

      (1) IN GENERAL-

        (A) TREATMENT OF REPORTS- The information to be provided to the Secretary of Health and Human Services under this section shall relate to substantiated reports of child abuse or neglect. Except as provided in subparagraph (B), each State, or, at the option of a State, each political subdivision of such State, shall determine whether the information to be provided to the Secretary of Health and Human Services under this section shall also relate to reports of suspected instances of child abuse or neglect that were unsubstantiated or determined to be unfounded.

        (B) EXCEPTION- If a State or political subdivision of a State has an equivalent electronic register of cases of child abuse or neglect that it maintains pursuant to a requirement or authorization under any other provision of law, the information provided to the Secretary of Health and Human Services under this section shall be coextensive with that in such register.

      (2) FORM- Information provided to the Secretary of Health and Human Services under this section--

        (A) shall be in a standardized electronic form determined by the Secretary of Health and Human Services; and

        (B) shall contain case-specific identifying information, except that, at the option of the entity supplying the information, the confidentiality of identifying information concerning an individual initiating a report or complaint regarding a suspected or known instance of child abuse or neglect may be maintained.

    (d) Construction- This section shall not be construed to require a State or political subdivision of a State to modify--

      (1) an equivalent register of cases of child abuse or neglect that it maintains pursuant to a requirement or authorization under any other provision of law; or

      (2) any other record relating to child abuse or neglect, regardless of whether the report of abuse or neglect was substantiated, unsubstantiated, or determined to be unfounded.

    (e) Dissemination- The Attorney General, in consultation with the Secretary of Health and Human Services, shall establish standards for the dissemination of information in the national register of cases of child abuse or neglect. Such standards shall preserve the confidentiality of records in order to protect the rights of the child and the child's parents or guardians while also ensuring that Federal, State, and local government entities have access to such information in order to carry out their responsibilities under law to protect children from abuse and neglect.

    (f) Authorization of Appropriations- There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2006 and succeeding fiscal years.

TITLE VIII--CHILD PORNOGRAPHY PREVENTION ACT OF 2005

SEC. 801. SHORT TITLE.

    This title may be cited as the `Child Pornography Prevention Act of 2005'.

SEC. 802. FINDINGS.

    Congress makes the following findings:

      (1) The effect of the intrastate production, transportation, distribution, receipt, advertising, and possession of child pornography on interstate market in child pornography.

        (A) The illegal production, transportation, distribution, receipt, advertising and possession of child pornography, as defined in section 2256(8) of title 18, United States Code, as well as the transfer of custody of children for the production of child pornography, is harmful to the physiological, emotional, and mental health of the children depicted in child pornography and has a substantial and detrimental effect on society as a whole.

        (B) A substantial interstate market in child pornography exists, including not only a multimillion dollar industry, but also a nationwide network of individuals openly advertising their desire to exploit children and to traffic in child pornography. Many of these individuals distribute child pornography with the expectation of receiving other child pornography in return.

        (C) The interstate market in child pornography is carried on to a substantial extent through the mails and other instrumentalities of interstate and foreign commerce, such as the Internet. The advent of the Internet has greatly increased the ease of transporting, distributing, receiving, and advertising child pornography in interstate commerce. The advent of digital cameras and digital video cameras, as well as videotape cameras, has greatly increased the ease of producing child pornography. The advent of inexpensive computer equipment with the capacity to store large numbers of digital images of child pornography has greatly increased the ease of possessing child pornography. Taken together, these technological advances have had the unfortunate result of greatly increasing the interstate market in child pornography.

        (D) Intrastate incidents of production, transportation, distribution, receipt, advertising, and possession of child pornography, as well as the transfer of custody of children for the production of child pornography, have a substantial and direct effect upon interstate commerce because:

          (i) Some persons engaged in the production, transportation, distribution, receipt, advertising, and possession of child pornography conduct such activities entirely within the boundaries of one state. These persons are unlikely to be content with the amount of child pornography they produce, transport, distribute, receive, advertise, or possess. These persons are therefore likely to enter the interstate market in child pornography in search of additional child pornography, thereby stimulating demand in the interstate market in child pornography.

          (ii) When the persons described in subparagraph (D)(i) enter the interstate market in search of additional child pornography, they are likely to distribute the child pornography they already produce, transport, distribute, receive, advertise, or possess to persons who will distribute additional child pornography to them, thereby stimulating supply in the interstate market in child pornography.

          (iii) Much of the child pornography that supplies the interstate market in child pornography is produced entirely within the boundaries of one state, is not traceable, and enters the interstate market surreptitiously. This child pornography supports demand in the interstate market in child pornography and is essential to its existence.

        (E) Prohibiting the intrastate production, transportation, distribution, receipt, advertising, and possession of child pornography, as well as the intrastate transfer of custody of children for the production of child pornography, will cause some persons engaged in such intrastate activities to cease all such activities, thereby reducing both supply and demand in the interstate market for child pornography.

        (F) Federal control of the intrastate incidents of the production, transportation, distribution, receipt, advertising, and possession of child pornography, as well as the intrastate transfer of children for the production of child pornography, is essential to the effective control of the interstate market in child pornography.

      (2) The importance of protecting children from repeat exploitation in child pornography:

        (A) The vast majority of child pornography prosecutions today involve images contained on computer hard drives, computer disks, and related media.

        (B) Child pornography is not entitled to protection under the First Amendment and thus may be prohibited.

        (C) The government has a compelling state interest in protecting children from those who sexually exploit them, and this interest extends to stamping out the vice of child pornography at all levels in the distribution chain.

        (D) Every instance of viewing images of child pornography represents a renewed violation of the privacy of the victims and a repetition of their abuse.

        (E) Child pornography constitutes prima facie contraband, and as such should not be distributed to, or copied by, child pornography defendants or their attorneys.

        (F) It is imperative to prohibit the reproduction of child pornography in criminal cases so as to avoid repeated violation and abuse of victims, so long as the government makes reasonable accommodations for the inspection, viewing, and examination of such material for the purposes of mounting a criminal defense.

SEC. 803. STRENGTHENING SECTION 2257 TO ENSURE THAT CHILDREN ARE NOT EXPLOITED IN THE PRODUCTION OF PORNOGRAPHY.

    Section 2257 of title 18 of the United States Code is amended--

      (1) in subsection (a)(l), by striking `actual';

      (2) in subsection (b), by striking `actual';

      (3) in subsection (f)(4)(A), by striking `actual';

      (4) by amending paragraph (1) of subsection (h) to read as follows:

      `(1) the term `sexually explicit conduct' has the meaning set forth in subparagraphs (A)(i) through (v) of paragraph (2) of section 2256 of this title;';

      (5) in subsection (h)(4), by striking `actual.';

      (6) in subsection (f)--

        (A) at the end of paragraph (3), by striking `and';

        (B) at the end of paragraph (4)(B), by striking the period and inserting `; and'; and

        (C) by inserting after paragraph (4)(B) the following new paragraph:

      `(5) for any person to whom subsection (a) applies to refuse to permit the Attorney General or his or her delegee to conduct an inspection under subsection (c).'.

      (7) in subsection (h)(3), by striking `to produce, manufacture, or publish any book, magazine, periodical, film, video tape, computer generated image, digital image, or picture, or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity which does not involve hiring, contracting for managing or otherwise arranging for the participation of the performers depicted' and inserting `actually filming, videotaping, photographing; creating a picture, digital image, or digitally- or computer-manipulated image of an actual human being; or digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing a book, magazine, periodical, film, videotape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct; or, inserting on a computer site or service a digital image of, or otherwise managing the sexually explicit content, of a computer site or service that contains a visual depiction of, sexually explicit conduct';

      (8) in subsection (a), by inserting after `videotape,' the following: `digital image, digitally- or computer-manipulated image of an actual human being, or picture,'; and

      (9) in subsection (f)(4), by inserting after `video' the following: `digital image, digitally- or computer-manipulated image of an actual human being, or picture,'.

SEC. 804. PREVENTION OF DISTRIBUTION OF CHILD PORNOGRAPHY USED AS EVIDENCE IN PROSECUTIONS.

    Section 3509 of title 18, United States Code, is amended by adding at the end the following:

    `(m) Prohibition on Reproduction of Child Pornography-

      `(1) In any criminal proceeding, any property or material that constitutes child pornography (as defined by section 2256 of this title) must remain in the care, custody, and control of either the Government or the court.

      `(2)(A) Notwithstanding Rule 16 of the Federal Rules of Criminal Procedure, a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography (as defined by section 2256 of this title), so long as the Government makes the property or material reasonably available to the defendant.

      `(B) For the purposes of subparagraph (A), property or material shall be deemed to be reasonably available to the defendant if the Government provides ample opportunity for inspection, viewing, and examination at a Government facility of the property or material by the defendant, his or her attorney, aid any individual the defendant may seek to qualify to furnish expert testimony at trial.'.

SEC. 805. AUTHORIZING CIVIL AND CRIMINAL ASSET FORFEITURE IN CHILD EXPLOITATION AND OBSCENITY CASES.

    (a) Conforming Forfeiture Procedures for Obscenity Offenses- Section 1467 of title 18, United States Code, is amended--

      (1) in subsection (a)(3), by inserting a period after `of such offense' and striking all that follows; and

      (2) by striking subsections (b) through (n) and inserting the following:

    `(b) The provisions of section 413 of the Controlled Substance Act (21 U.S.C. 853) with the exception of subsection (d), shall apply to the criminal forfeiture of property pursuant to subsection (a).

    `(c) Any property subject to forfeiture pursuant to subjection (a) may be forfeited to the United States in a civil case in accordance with the procedures set forth in chapter 46 of this title.'.

    (b) Amendments to Child Exploitation Forfeiture Provisions-

      (1) CRIMINAL FORFEITURE- Section 2253(a) of title 18, United States Code, is amended--

        (A) in the matter preceding paragraph (1) by--

          (i) inserting `or who is convicted of an offense under sections 2252B or 2257 of this chapter,' after `2260 of this chapter';

          (ii) inserting `, or 2425' after `2423' and striking `or' before `2423'; and

          (iii) inserting `or an offense under chapter 109A' after `of chapter 117'; and

        (B) in paragraph (I), by inserting `, 2252A, 2252B or 2257' after `2252'.

      (2) CIVIL FORFEITURE- Section 2254(a) of title 18, United States Code, is amended--

        (A) in paragraph (1), by inserting `, 2252A, 2252B, or 2257' after `2252';

        (B) in paragraph (2) --

          (i) by striking `or' and inserting `of' before `chapter 117';

          (ii) by inserting `, or an offense under section 2252B or 2257 of this chapter,' after `Chapter 117,' and

          (iii) by inserting `, or an offense under chapter 109A' before the period; and

        (C) in paragraph (3) by--

          (i) inserting `, or 2425' after `2423' and striking `or' before `2423'; and

          (ii) inserting `, a violation of section 2252B or 2257 of this chapter, or a violation of chapter 109A' before the period.

    (c) Amendments to RICO- Section 1961(1)(B) of title 18, United States Code, is amended by inserting `2252A, 2252B,' after `2252'.

SEC. 806. PROHIBITING THE PRODUCTION OF OBSCENITY AS WELL AS TRANSPORTATION, DISTRIBUTION, AND SALE.

    (a) Section 1465- Section 1465 of title 18 of the United States Code is amended--

      (1) by inserting `Production and' before `Transportation' in the heading of the section;

      (2) by inserting `produces with the intent to transport, distribute, or transmit in interstate or foreign commerce, or whoever knowingly' after `whoever knowingly' and before `transports or travels in'; and

      (3) by inserting a comma after `in or affecting such commerce'.

    (b) Section 1466- Section 1466 of title 18 of the United States Code is amended--

      (1) in subsection (a), by inserting `producing with intent to distribute or sell, or' before `selling or transferring obscene matter,';

      (2) in subsection (b), by inserting, `produces' before `sells or transfers or offers to sell or transfer obscene matter'; and

      (3) in subsection (b) by inserting `production,' before `selling or transferring or offering to sell or transfer such material.'.

TITLE IX--PERSONAL DATA OF CHILDREN

SEC. 901. MISAPPROPRIATION OF DATA.

    (a) In General- Chapter 88 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 1802. Misappropriation of personal data of children

    `Whoever, in or affecting interstate or foreign commerce, knowingly misappropriates the personally identifiable information of a person who has not attained the age of 18 years shall be fined under this title or imprisoned not more than 10 years, or both.'.

    (b) Clerical Amendment- The table of sections at the beginning of chapter 88 of title 18, United States Code, is amended by adding at the end the following new item:

      `1802. Misappropriation of personal data of children.'.

TITLE X--LOCAL LAW ENFORCEMENT HATE CRIMES PREVENTION

SEC. 1001. SHORT TITLE.

    This title may be cited as the `Local Law Enforcement Hate Crimes Prevention Act of 2005'.

SEC. 1002. FINDINGS.

    Congress makes the following findings:

      (1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim poses a serious national problem.

      (2) Such violence disrupts the tranquility and safety of communities and is deeply divisive.

      (3) State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance.

      (4) Existing Federal law is inadequate to address this problem.

      (5) The prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected.

      (6) Such violence substantially affects interstate commerce in many ways, including--

        (A) by impeding the movement of members of targeted groups and forcing such members to move across State lines to escape the incidence or risk of such violence; and

        (B) by preventing members of targeted groups from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity.

      (7) Perpetrators cross State lines to commit such violence.

      (8) Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence.

      (9) Such violence is committed using articles that have traveled in interstate commerce.

      (10) For generations, the institutions of slavery and involuntary servitude were defined by the race, color, and ancestry of those held in bondage. Slavery and involuntary servitude were enforced, both prior to and after the adoption of the 13th amendment to the Constitution of the United States, through widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry. Accordingly, eliminating racially motivated violence is an important means of eliminating, to the extent possible, the badges, incidents, and relics of slavery and involuntary servitude.

      (11) Both at the time when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct `races'. Thus, in order to eliminate, to the extent possible, the badges, incidents, and relics of slavery, it is necessary to prohibit assaults on the basis of real or perceived religions or national origins, at least to the extent such religions or national origins were regarded as races at the time of the adoption of the 13th, 14th, and 15th amendments to the Constitution of the United States.

      (12) Federal jurisdiction over certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes.

      (13) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States and local jurisdictions.

SEC. 1003. DEFINITION OF HATE CRIME.

    In this title, the term `hate crime' has the same meaning as in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note).

SEC. 1004. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT OFFICIALS.

    (a) Assistance Other Than Financial Assistance-

      (1) IN GENERAL- At the request of a law enforcement official of a State or Indian tribe, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that--

        (A) constitutes a crime of violence (as defined in section 16 of title 18, United States Code);

        (B) constitutes a felony under the laws of the State or Indian tribe; and

        (C) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the hate crime laws of the State or Indian tribe.

      (2) PRIORITY- In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than 1 State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime.

    (b) Grants-

      (1) IN GENERAL- The Attorney General may award grants to assist State, local, and Indian law enforcement officials with the extraordinary expenses associated with the investigation and prosecution of hate crimes.

      (2) OFFICE OF JUSTICE PROGRAMS- In implementing the grant program, the Office of Justice Programs shall work closely with the funded jurisdictions to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants.

      (3) APPLICATION-

        (A) IN GENERAL- Each State that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require.

        (B) DATE FOR SUBMISSION- Applications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe.

        (C) REQUIREMENTS- A State or political subdivision of a State or tribal official applying for assistance under this subsection shall--

          (i) describe the extraordinary purposes for which the grant is needed;

          (ii) certify that the State, political subdivision, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime;

          (iii) demonstrate that, in developing a plan to implement the grant, the State, political subdivision, or tribal official has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and

          (iv) certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection.

      (4) DEADLINE- An application for a grant under this subsection shall be approved or disapproved by the Attorney General not later than 30 business days after the date on which the Attorney General receives the application.

      (5) GRANT AMOUNT- A grant under this subsection shall not exceed $100,000 for any single jurisdiction within a 1 year period.

      (6) REPORT- Not later than December 31, 2006, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended.

      (7) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2006 and 2007.

SEC. 1005. GRANT PROGRAM.

    (a) Authority to Make Grants- The Office of Justice Programs of the Department of Justice shall award grants, in accordance with such regulations as the Attorney General may prescribe, to State and local programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes.

    (b) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section.

SEC. 1006. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND LOCAL LAW ENFORCEMENT.

    There are authorized to be appropriated to the Department of Justice, including the Community Relations Service, for fiscal years 2006, 2007, and 2008 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 249 of title 18, United States Code, as added by section 1007.

SEC. 1007. PROHIBITION OF CERTAIN HATE CRIME ACTS.

    (a) In General- Chapter 13 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 249. Hate crime acts

    `(a) In General-

      `(1) OFFENSES INVOLVING ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, OR NATIONAL ORIGIN- Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person--

        `(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and

        `(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--

          `(i) death results from the offense; or

          `(ii) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

      `(2) OFFENSES INVOLVING ACTUAL OR PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY-

        `(A) IN GENERAL- Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity or disability of any person--

          `(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and

          `(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--

            `(I) death results from the offense; or

            `(II) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

        `(B) CIRCUMSTANCES DESCRIBED- For purposes of subparagraph (A), the circumstances described in this subparagraph are that--

          `(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim--

            `(I) across a State line or national border; or

            `(II) using a channel, facility, or instrumentality of interstate or foreign commerce;

          `(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);

          `(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or

          `(iv) the conduct described in subparagraph (A)--

            `(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or

            `(II) otherwise affects interstate or foreign commerce.

    `(b) Certification Requirement- No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that--

      `(1) he or she has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and

      `(2) he or his designee or she or her designee has consulted with State or local law enforcement officials regarding the prosecution and determined that--

        `(A) the State does not have jurisdiction or does not intend to exercise jurisdiction;

        `(B) the State has requested that the Federal Government assume jurisdiction;

        `(C) the State does not object to the Federal Government assuming jurisdiction; or

        `(D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence.

    `(c) Definitions- In this section--

      `(1) the term `explosive or incendiary device' has the meaning given the term in section 232 of this title;

      `(2) the term `firearm' has the meaning given the term in section 921(a) of this title; and

      `(3) the term `gender identity' for the purposes of this chapter means actual or perceived gender-related characteristics.

    `(d) Rule of Evidence- In a prosecution for an offense under this section, evidence of expression or associations of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing impeachment of a witness.'.

    (b) Technical and Conforming Amendment- The analysis for chapter 13 of title 18, United States Code, is amended by adding at the end the following:

      `249. Hate crime acts.'.

SEC. 1008. STATISTICS.

    Subsection (b)(1) of the first section of the Hate Crimes Statistics Act (28 U.S.C. 534 note) is amended by inserting `gender and gender identity,' after `race,'.

SEC. 1009. SEVERABILITY.

    If any provision of this title, an amendment made by this title, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.

Passed the House of Representatives September 14, 2005.

Attest:

Clerk.

109th CONGRESS

1st Session

H. R. 3132

AN ACT

To make improvements to the national sex offender registration program, and for other purposes.