SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Our Children from Sexual 
Predators Act of 2005''.

SEC. 2. ISSUANCE OF DRIVER'S LICENSES OR IDENTIFICATION CARDS TO SEX 
              OFFENDERS.

    A State or tribal actor that issues driver's licenses or 
identification cards must have in effect throughout the jurisdiction of 
the actor laws and policies that ensure the following:
            (1) The actor does not issue a driver's license, commercial 
        driver's license, or identification card to a sex offender or 
        renew the driver's license, commercial driver's license or 
        identification card of a sex offender until the actor has 
        satisfactory evidence indicating that the sex offender is in 
        compliance with all applicable sex offender registration 
        requirements.
            (2) A driver's license, commercial driver's license, or 
        identification card issued to a sex offender expires on the 
        first anniversary date of the offender's birthday, measured 
        from the birthday nearest the date of issuance.

SEC. 3. IMPLEMENTATION BY STATES AND INDIAN TRIBES.

    (a) In General.--Each State actor or tribal actor shall have not 
more than 2 years from the date of the enactment of this Act in which 
to fully implement this Act.
    (b) Implementation by Tribes and in Indian Country.--The Attorney 
General shall coordinate with the Secretary of the Interior to assist 
tribal actors in fully implementing this Act throughout the 
jurisdiction of each tribal actor.
    (c) Ineligibility for Funds.--
            (1) In general.--For any fiscal year after the expiration 
        of the period specified in subsection (a), a State actor or 
        tribal actor that fails to fully implement this Act shall not 
        receive 10 percent of the funds that would otherwise be 
        allocated for that fiscal year to the actor under any 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.
                    (C) Other law enforcement grants.--Any other 
                program under which the Attorney General provides 
                grants or other financial assistance.
            (2) Reallocation.--Amounts not allocated under a program 
        referred to in paragraph (1) to an actor for failure to fully 
        implement this Act shall be reallocated under that program to 
        State actors and tribal actors that have not failed to fully 
        implement this Act.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) State actor.--The term ``State actor'' means any of the 
        following:
                    (A) A State.
                    (B) The District of Columbia, the Commonwealth of 
                Puerto Rico, Guam, American Samoa, the United States 
                Virgin Islands, or any other territory or possession of 
                the United States.
            (2) Tribal actor.--The term ``tribal actor'' means a 
        federally recognized Indian tribe.
            (3) Sex offender.--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) Specified offense against a minor.--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) 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.
            (6) 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.
            (7) Minor.--The term ``minor'' means an individual who has 
        not attained the age of 18 years.
Protecting Our Children from Sexual Predators Act of 2005 - Requires a state actor (any state, the District of Columbia, or specified U.S. territories and possessions) or federally recognized Indian tribe (tribal actor) that issues driver's licenses or identification cards to have in effect throughout the jurisdiction laws and policies that ensure that: (1) the actor does not issue or renew a driver's license, commercial driver's license, or identification card to a sex offender (offender) without satisfactory evidence that the offender is in compliance with all applicable offender registration requirements; and (2) such license or card expires on the first anniversary date of the offender's birthday, measured from the birthday nearest the date of issuance.

Grants each actor two years to implement this Act. Directs the Attorney General to coordinate with the Secretary of the Interior to assist tribal actors in implementing this Act. Provides that for any fiscal year after the expiration of that period a state or tribal actor that fails to fully implement this Act shall not receive 10% of the funds that would otherwise be allocated under the Byrne, Local Government Law Enforcement Block Grants program and any other program under which the Attorney General provides grants or financial assistance.
To ensure that States do not issue driver's licenses or identification cards to sex offenders unless the offenders are in compliance with all applicable registration requirements.