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

The text of the bill below is as of Sep 9, 2005 (Reported by House Committee).


IB

109th CONGRESS

1st Session

H. R. 3132

[Report No. 109–218, Part 1]

IN THE HOUSE OF REPRESENTATIVES

June 30, 2005

(for himself, Mr. Green of Wisconsin, Mr. DeLay, Mr. Foley, Mr. Chabot, Mr. Poe, Ms. Ginny Brown-Waite of Florida, Mr. Gillmor, Mr. Pomeroy, Mr. Cramer, and Mr. Graves) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

September 9, 2005

Reported from the Committee on the Judiciary with an amendment

Strike out all after the enacting clause and insert the part printed in italic

September 9, 2005

Additional sponsors: Mr. Royce, Mr. Pence, Mr. Franks of Arizona, Mr. Forbes, Mr. Burton of Indiana, Mr. Jindal, Mr. Bachus, Mr. Feeney, Mr. Boswell, Mr. Baker, Miss McMorris, Mr. Jenkins, Mr. Keller, Mr. Smith of Texas, Mr. Porter, Mr. Peterson of Minnesota, Mr. Gallegly, Mr. Kennedy of Minnesota, Ms. Herseth, Mr. Boustany, Mr. Terry, Mr. Kuhl of New York, Ms. Granger, Mr. Wilson of South Carolina, Mr. Shaw, Ms. Hart, Mr. Goode, Mr. Latham, Mr. Gary G. Miller of California, Ms. Pryce of Ohio, Mr. Gene Green of Texas, Mr. Osborne, Mr. Wolf, Mr. Reichert, Mr. Reynolds, Mrs. Capito, Mr. Rehberg, Mr. Smith of New Jersey, Mr. Cannon, Mr. Kline, Mr. Cantor, Mr. Alexander, Mr. Ross, Mr. King of New York, Mr. King of Iowa, Mr. Rogers of Alabama, Mr. Chandler, Mr. Schiff, Mr. Westmoreland, Ms. Harris, Mr. LoBiondo, Mr. Weldon of Pennsylvania, Mr. Souder, Mr. Pickering, Mr. Coble, Mr. Price of Georgia, Mr. Whitfield, Mr. Boozman, Mr. McHugh, Mrs. Miller of Michigan, Mr. Dan Lungren of California, Mr. Boehlert, Ms. Schakowsky, Mr. Putnam, Mr. Barrow, Mr. Gibbons, Mr. Walden of Oregon, Mr. Moore of Kansas, Mr. Norwood, Mr. Fossella, Mr. McIntyre, Mr. Ryan of Wisconsin, Mr. McCaul of Texas, Mr. Hastings of Washington, Ms. Zoe Lofgren of California, Mr. Calvert, Mr. Smith of Washington, and Mr. Sessions

September 9, 2005

Committee on Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

For text of introduced bill, see copy of bill as introduced on June 30, 2005

A BILL

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

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Children’s Safety Act of 2005.

(b)

Table of contents

Sec. 1. Short title; table of contents

Title I—Sex Offender Registration and Notification Act

Sec. 101. Short title

Sec. 102. Declaration of purpose

Subtitle A—Jacob Wetterling Sex Offender Registration and Notification Program

Sec. 111. Relevant definitions, including Amie Zyla expansion of sex offender definition and expanded inclusion of child predators

Sec. 112. Registry requirements for jurisdictions

Sec. 113. Registry requirements for sex offenders

Sec. 114. Information required in registration

Sec. 115. Duration of registration requirement

Sec. 116. In person verification

Sec. 117. Duty to notify sex offenders of registration requirements and to 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

Subtitle B—Criminal law enforcement of registration requirements

Sec. 151. Amendments to title 18, United States Code, relating to sex offender registration

Sec. 152. Investigation by United States Marshals of sex offender violations of registration requirements

Sec. 153. Sex offender apprehension grants

Sec. 154. Use of any controlled substance to facilitate sex offense

Sec. 155. Repeal of predecessor sex offender program

Title II—DNA Fingerprinting

Sec. 201. Short title

Sec. 202. Expanding use of DNA to identify and prosecute sex offenders

Sec. 203. Stopping Violent Predators Against Children

Sec. 204. Model code on investigating missing persons and deaths

Title III—Prevention and Deterrence of Crimes Against Children Act of 2005

Sec. 301. Short title

Sec. 302. Assured punishment for violent crimes against children

Sec. 303. Ensuring fair and expeditious Federal collateral review of convictions for killing a child

Title IV—Protection Against Sexual Exploitation of Children Act of 2005

Sec. 401. Short title

Sec. 402. Increased penalties for sexual offenses against children

Title V—Foster Child Protection and Child Sexual Predator Deterrence

Sec. 501. Short title

Sec. 502. Requirement to complete background checks before approval of any foster or adoptive placement and to check national crime 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

I

Sex Offender Registration and Notification Act

101.

Short title

This title may be cited as the Sex Offender Registration and Notification Act.

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.

A

Jacob Wetterling Sex Offender Registration and Notification Program

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 Somoa.

(F)

Northern Mariana Islands.

(G)

The United States Virgin Islands.

(H)

A federally recognized Indian tribe.

(3)

Amie Zyla expansion of sex offender definition

The term sex offender means an individual who, either before or after the enactment of this Act, was convicted of, or adjudicated a 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 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.

112.

Registry requirements for jurisdictions

Each jurisdiction shall maintain a jurisdiction-wide sex offender registry conforming to the requirements of this title. The Attorney General shall issue and interpret guidelines to implement the requirements and purposes of this title.

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.

(e)

State penalty for failure to comply

Each jurisdiction shall provide a criminal penalty, that includes a maximum term of imprisonment that is greater than one year, for the failure of a sex offender to comply with the requirements of this title.

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 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.

(2)

The criminal history of the sex offender.

(3)

Any other information required by the Attorney General.

115.

Duration of registration requirement

A sex offender shall keep the registration current—

(1)

for the life of the sex offender, if the offense is a specified offense against a minor, a serious sex offense, or a second misdemeanor sex offense against a minor; and

(2)

for a period of 20 years, in any other case.

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.

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.

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.

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.

120.

Dru Sjodin National Sex Offender Public Website

(a)

Establishment

There is established the Dru Sjodin National Sex Offender Public Website (hereinafter referred to as the Website).

(b)

Information to be provided

The Attorney General shall maintain the Website as a site on the Internet which allows the public to obtain relevant information for each sex offender by a single query in a form established by the Attorney General.

(c)

Electronic forwarding

The Attorney General shall ensure (through the National Sex Offender Registry or otherwise) that updated information about a sex offender is immediately transmitted by electronic forwarding to all relevant jurisdictions, unless the Attroney General 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.

121.

Public access to sex offender information through the Internet

Each jurisdiction shall make available on the Internet all information about each sex offender in the registry, 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.

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 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.

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 enforcment agency shall take any appropriate action to ensure compliance.

124.

Immunity for good faith conduct

Law enforcement agencies, employees of law enforcement agencies and independent contractors acting at the direction of such agencies, and officials of jurisdictions and other political subdivisions shall not be civilly or criminally liable for good faith conduct under this title.

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.

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.

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 a one-year extension of the deadline.

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.

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.

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)

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.

(g)

Authorization of appropriations

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

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 includee laws and policies that ensure that the State frequently monitors each person residing in the State for whom electronic monitoring is required, whether such 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 in a range of offenses specified by State law which is comparable to or which exceeds the range of offenses encompassed by the following:

(1)

A specified offense against a minor.

(2)

A serious sex offense.

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.

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 for damages directly related to 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.

.

B

Criminal law enforcement of registration requirements

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:

109B

Sex offender and crimes against children registry

Sec

2250. Failure to register

2250.

Failure to register

Whoever receives a notice from an official that such person is required to register under the Sex Offender 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 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:

109B.Sex offender and crimes against children registry2250

.

(c)

False statement offense

Section 1001(a) of title 18, United States Code, is amended by adding at the end the following: If the matter relates to an offense under chapter 109A, 109B, 110, or 117, then the term of imprisonment imposed under this section shall be not less than 5 years nor more than 20 years.

(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, 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 amendment of cross reference

Paragraph (1) of section 4042(c) of title 18, United States Code, is 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.

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.

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:

JJ

Sex offender apprehension grants

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.

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.

.

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:

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

.

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.

II

DNA Fingerprinting

201.

Short title

This title may be cited as the DNA Fingerprinting Act of 2005.

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,.

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.

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.

III

Prevention and Deterrence of Crimes Against Children Act of 2005

301.

Short title

This title may be cited as the Prevention and Deterrence of Crimes Against Children Act of 2005.

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.

.

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.

.

(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.

IV

Protection Against Sexual Exploitation of Children Act of 2005

401.

Short title

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

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).

V

Foster Child Protection and Child Sexual Predator Deterrence

501.

Short title

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

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.

503.

Access to Federal crime information databases by child welfare agencies for certain purposes

(a)

In general

The Attorney General shall, upon request of the chief executive of a State, ensure that appropriate officers of child welfare agencies have the authority for read only online access to the databases of the national crime information databases (as defined in section 534 of title 28, United States Code) to carry out criminal history records checks, subject to subsection (b).

(b)

Limitation

An officer may use the authority under subsection (a) only in furtherance of the purposes of the agency and only on an individual relevant to casework of the agency.

(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 placement of foster or adoptive children.

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.

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.

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.

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.

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.

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:

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

.

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,.

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:

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.

.

512.

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.

513.

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,”.

September 9, 2005

Committee on Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed