I 

109TH CONGRESS 

1ST SESSION H. R. 3132

To make improvements to the national sex offender registration program, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 30, 2005

Mr. SENSENBRENNER (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 

A BILL

To make improvements to the national sex offender 

registration program, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Children’s Safety Act of 2005’’. 

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents. 
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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. National Center for Missing and Exploited Children access to Interstate Identification Index. 

Sec. 132. 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
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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.

1 TITLE I—SEX OFFENDER REG2 ISTRATION AND NOTIFICA3 TION ACT 

4 SEC. 101. SHORT TITLE. 

5 This title may be cited as the ‘‘Sex Offender Reg6 istration and Notification Act’’. 

7 SEC. 102. DECLARATION OF PURPOSE. 

8 In response to the vicious attacks by violent sexual 

9 predators against the victims listed below, Congress in this 

10 Act establishes a comprehensive national system for the 

11 registration of sex offenders: 
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1 (1) Jacob Wetterling, who was 11 years old, 

2 was abducted in 1989 in Minnesota, and remains 

3 missing. 

4 (2) Megan Nicole Kanka, who was 7 years old, 

5 was abducted, sexually assaulted and murdered in 

6 1994, in New Jersey. 

7 (3) Pam Lychner, who was 31 years old, was 

8 attacked by a career offender in Houston, Texas. 

9 (4) Jetseta Gage, who was 10 years old, was 

10 kidnapped, sexually assaulted, and murdered in 

11 2005 in Cedar Rapids, Iowa. 

12 (5) Dru Sjodin, who was 22 years old, was sex13 ually assaulted and murdered in 2003, in North Da14 kota. 

15 (6) Jessica Lunsford, who was 9 years, was ab16 ducted, sexually assaulted, buried alive, and mur17 dered in 2005, in Homosassa, Florida. 

18 (7) Sarah Lunde, who was 13 years old, was 

19 strangled and murdered in 2005, in Ruskin, Florida. 

20 (8) Amie Zyla, who was 8 years old, was sexu21 ally assaulted in 1996 by a juvenile offender in 

22 Waukesha, Wisconsin, and has become an advocate 

23 for child victims and protection of children from ju24 venile sex offenders. 
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1 (9) Christy Ann Fornoff, who was 13 years old, 

2 was abducted, sexually assaulted and murdered in 

3 1984, in Tempe, Arizona. 

4 (10) Alexandra Nicole Zapp, who was 30 years 

5 old, was brutally attacked and murdered in a public 

6 restroom by a repeat sex offender in 2002, in 

7 Bridgewater, Massachusetts. 

8 Subtitle A—Jacob Wetterling Sex 

9 Offender Registration and Noti10 fication Program 

11 SEC. 111. RELEVANT DEFINITIONS, INCLUDING AMIE ZYLA 

12 EXPANSION OF SEX OFFENDER DEFINITION 

13 AND EXPANDED INCLUSION OF CHILD PRED14 ATORS. 

15 In this title the following definitions apply: 

16 (1) SEX OFFENDER REGISTRY.—The term ‘‘sex 

17 offender registry’’ means a registry of sex offenders, 

18 and a notification program, maintained by a juris19 diction. 

20 (2) JURISDICTION.—The term jurisdiction 

21 means any of the following: 

22 (A) A State. 

23 (B) The District of Columbia. 

24 (C) The Commonwealth of Puerto Rico. 

25 (D) Guam. 
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1 (E) American Somoa. 

2 (F) Northern Mariana Islands. 

3 (G) The United States Virgin Islands. 

4 (H) A federally recognized Indian tribe. 

5 (3) AMIE ZYLA EXPANSION OF SEX OFFENDER

6 DEFINITION.—The term ‘‘sex offender’’ means an 

7 individual who, either before or after the enactment 

8 of this Act, was convicted of, or adjudicated a juve9 nile delinquent for, an offense (other than an offense 

10 involving sexual conduct where the victim was at 

11 least 13 years old and the offender was not more 

12 than 4 years older than the victim and the sexual 

13 conduct was consensual, or an offense consisting of 

14 consensual sexual conduct with an adult) whether 

15 Federal, State, local, tribal, foreign (other than an 

16 offense based on conduct that would not be a crime 

17 if the conduct took place in the United States), mili18 tary, juvenile or other, that is—

19 (A) a specified offense against a minor; 

20 (B) a serious sex offense; or 

21 (C) a misdemeanor sex offense against a 

22 minor. 

23 (4) EXPANSION OF DEFINITION OF OFFENSE

24 TO INCLUDE ALL CHILD PREDATORS.—The term 

25 ‘‘specified offense against a minor’’ means an of-
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1 fense against a minor that involves any of the fol2 lowing: 

3 (A) Kidnapping (unless committed by a 

4 parent). 

5 (B) False imprisonment (unless committed 

6 by a parent). 

7 (C) Solicitation to engage in sexual con8 duct. 

9 (D) Use in a sexual performance. 

10 (E) Solicitation to practice prostitution. 

11 (F) Possession, production, or distribution 

12 of child pornography. 

13 (G) Criminal sexual conduct towards a 

14 minor. 

15 (H) Any conduct that by its nature is a 

16 sexual offense against a minor. 

17 (I) Any other offense designated by the At18 torney General for inclusion in this definition. 

19 (J) Any attempt or conspiracy to commit 

20 an offense described in this paragraph. 

21 (5) SEX OFFENSE.—The term ‘‘sex offense’’ 

22 means a criminal offense that has an element involv23 ing sexual act or sexual contact with another, or an 

24 attempt or conspiracy to commit such an offense. 
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1 (6) SERIOUS SEX OFFENSE.—The term ‘‘seri2 ous sex offense’’ means—

3 (A) a sex offense punishable under the law 

4 of a jurisdiction by imprisonment for more than 

5 one year; 

6 (B) any Federal offense under chapter 

7 109A, 110, 117, or section 1591 of title 18, 

8 United States Code; 

9 (C) an offense in a category specified by 

10 the Secretary of Defense under section 

11 115(a)(8)(C) of title I of Public Law 105–119 

12 (10 U.S.C. 951 note); 

13 (D) any other offense designated by the 

14 Attorney General for inclusion in this definition. 

15 (7) MISDEMEANOR SEX OFFENSE AGAINST A

16 MINOR.— The term ‘‘misdemeanor sex offense 

17 against a minor’’ means a sex offense against a 

18 minor punishable by imprisonment for not more 

19 than one year. 

20 (8) STUDENT.—The term ‘‘student’’ means an 

21 individual who enrolls or attends an educational in22 stitution, including (whether public or private) a sec23 ondary school, trade or professional school, and in24 stitution of higher education. 
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1 (9) EMPLOYEE.—The term ‘‘employee’’ includes 

2 an individual who is self-employed or works for any 

3 other entity, whether compensated or not. 

4 (10) RESIDES.—The term ‘‘resides’’ means, 

5 with respect to an individual, the location of the in6 dividual’s home or other place where the individual 

7 lives. 

8 (11) MINOR.—The term ‘‘minor’’ means an in9 dividual who has not attained the age of 18 years. 

10 SEC. 112. REGISTRY REQUIREMENTS FOR JURISDICTIONS. 

11 Each jurisdiction shall maintain a jurisdiction-wide 

12 sex offender registry conforming to the requirements of 

13 this title. The Attorney General shall issue and interpret 

14 guidelines to implement the requirements and purposes of 

15 this title. 

16 SEC. 113. REGISTRY REQUIREMENTS FOR SEX OFFENDERS. 

17 (a) IN GENERAL.—A sex offender must register, and 

18 keep the registration current, in each jurisdiction where 

19 the offender resides, where the offender is an employee, 

20 and where the offender is a student. 

21 (b) INITIAL REGISTRATION.—The sex offender shall 

22 initially register—

23 (1) before completing a sentence of imprison24 ment with respect to the offense giving rise to the 

25 registration requirement; or 
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1 (2) not later than 5 days after being sentenced 

2 for that offense, if the sex offender is not sentenced 

3 to a term of imprisonment. 

4 (c) KEEPING THE REGISTRATION CURRENT.—A sex 

5 offender must inform each jurisdiction involved, not later 

6 than 5 days after each change of residence, employment, 

7 or student status. 

8 (d) RETROACTIVE DUTY TO REGISTER.—The Attor9 ney General shall prescribe a method for the registration 

10 of sex offenders convicted before the enactment of this 

11 Act. 

12 (e) STATE PENALTY FOR FAILURE TO COMPLY.—

13 Each jurisdiction shall provide a criminal penalty, that in14 cludes a maximum term of imprisonment that is greater 

15 than one year, for the failure of a sex offender to comply 

16 with the requirements of this title. 

17 SEC. 114. INFORMATION REQUIRED IN REGISTRATION. 

18 (a) PROVIDED BY THE OFFENDER.—The sex of19 fender must provide the following information to the ap20 propriate official for inclusion in the sex offender registry: 

21 (1) The name of the sex offender (including any 

22 alias used by the individual). 

23 (2) The Social Security number of the sex of24 fender. 
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1 (3) The address and location of the residence at 

2 which the sex offender resides or will reside. 

3 (4) The place where the sex offender is em4 ployed or will be employed. 

5 (5) The place where the sex offender is a stu6 dent or will be a student. 

7 (6) The license plate number of any vehicle 

8 owned or operated by the sex offender. 

9 (7) A photograph of the sex offender. 

10 (8) A set of fingerprints and palm prints of the 

11 sex offender, if the appropriate official determines 

12 that the jurisdiction does not already have available 

13 an accurate set. 

14 (9) A DNA sample of the sex offender, if the 

15 appropriate official determines that the jurisdiction 

16 does not already have available an appropriate DNA 

17 sample. 

18 (10) Any other information required by the At19 torney General. 

20 (b) PROVIDED BY THE JURISDICTION.—The jurisdic21 tion in which the sex offender registers shall include the 

22 following information in the registry for that sex offender: 

23 (1) A statement of the facts of the offense giv24 ing rise to the requirement to register under this 

25 title. 
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1 (2) The criminal history of the sex offender. 

2 (3) Any other information required by the At3 torney General. 

4 SEC. 115. DURATION OF REGISTRATION REQUIREMENT. 

5 A sex offender shall keep the registration current—

6 (1) for the life of the sex offender, if the offense 

7 is a specified offense against a minor, a serious sex 

8 offense, or a second misdemeanor sex offense 

9 against a minor; and 

10 (2) for a period of 20 years, in any other case. 

11 SEC. 116. IN PERSON VERIFICATION. 

12 A sex offender shall appear in person and verify the 

13 information in each registry in which that offender is re14 quired to be registered not less frequently than once every 

15 six months. 

16 SEC. 117. DUTY TO NOTIFY SEX OFFENDERS OF REGISTRA17 TION REQUIREMENTS AND TO REGISTER. 

18 An appropriate official shall, shortly before release 

19 from custody of the sex offender, or, if the sex offender 

20 is not in custody, immediately after the sentencing of the 

21 sex offender, for the offense giving rise to the duty to reg22 ister—

23 (1) inform the sex offender of the duty to reg24 ister and explain that duty; 
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1 (2) require the sex offender to read and sign a 

2 form stating that the duty to register has been ex3 plained and that the sex offender understands the 

4 registration requirement; and 

5 (3) ensure that the sex offender is registered. 

6 SEC. 118. JESSICA LUNSFORD ADDRESS VERIFICATION 

7 PROGRAM. 

8 (a) ESTABLISHMENT.—There is established the Jes9 sica Lunsford Address Verification Program (hereinafter 

10 in this section referred to as the ‘‘Program’’). 

11 (b) VERIFICATION.—In the Program, an appropriate 

12 official shall verify the residence of each registered sex of13 fender not less than monthly or, in the case of a sex of14 fender required to register because of a misdemeanor sex 

15 offense against a minor, not less than quarterly. 

16 (c) USE OF MAILED FORM AUTHORIZED.—Such 

17 verification may be achieved by mailing a nonforwardable 

18 verification form to the last known address of the sex of19 fender. The date of the mailing may be selected at ran20 dom. The sex offender must return the form, including 

21 a notarized signature, within a set period of time. A failure 

22 to return the form as required may be a failure to register 

23 for the purposes of this title. 
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1 SEC. 119. NATIONAL SEX OFFENDER REGISTRY. 

2 The Attorney General shall maintain a national data3 base at the Federal Bureau of Investigation for each sex 

4 offender and other person required to register in a juris5 diction’s sex offender registry. The database shall be 

6 known as the National Sex Offender Registry. 

7 SEC. 120. DRU SJODIN NATIONAL SEX OFFENDER PUBLIC 

8 WEBSITE. 

9 (a) ESTABLISHMENT.—There is established the Dru 

10 Sjodin National Sex Offender Public Website (hereinafter 

11 referred to as the ‘‘Website’’). 

12 (b) INFORMATION TO BE PROVIDED.—The Attorney 

13 General shall maintain the Website as a site on the Inter14 net which allows the public to obtain relevant information 

15 for each sex offender by a single query in a form estab16 lished by the Attorney General. 

17 (c) ELECTRONIC FORWARDING.—The Attorney Gen18 eral shall ensure (through the National Sex Offender Reg19 istry or otherwise) that updated information about a sex 

20 offender is immediately transmitted by electronic for21 warding to all relevant jurisdictions, unless the Attroney 

22 General determines that each jurisdiction has so modified 

23 its sex offender registry and notification program that 

24 there is no longer a need for the Attorney General to do. 
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1 SEC. 121. PUBLIC ACCESS TO SEX OFFENDER INFORMA2 TION THROUGH THE INTERNET. 

3 Each jurisdiction shall make available on the Internet 

4 all information about each sex offender in the registry, ex5 cept for the offender’s Social Security number, the identity 

6 of any victim, and any other information exempted from 

7 disclosure by the Attorney General. The jurisdiction shall 

8 provide this information in a manner that is readily acces9 sible to the public. 

10 SEC. 122. MEGAN NICOLE KANKA AND ALEXANDRA NICOLE 

11 ZAPP COMMUNITY NOTIFICATION PROGRAM. 

12 (a) ESTABLISHMENT OF PROGRAM.—There is estab13 lished the Megan Nicole Kanka and Alexandra Nicole 

14 Zapp Community Program (hereinafter in this section re15 ferred to as the ‘‘Program’’). 

16 (b) NOTIFICATION.—In the Program, as soon as pos17 sible, and in any case not later than 5 days after a sex 

18 offender registers or updates a registration, an appro19 priate official in the jurisdiction shall provide the informa20 tion in the registry (other than information exempted from 

21 disclosure by the Attorney General) about that offender 

22 to the following: 

23 (1) The Attorney General, who shall include 

24 that information in the National Sex Offender Reg25 istry. 
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1 (2) Appropriate law enforcement agencies (in2 cluding probation agencies, if appropriate), and each 

3 school and public housing agency, in each area in 

4 which the individual resides, is employed, or is a stu5 dent. 

6 (3) Each jurisdiction from or to which a change 

7 of residence, work, or student status occurs. 

8 (4) Any agency responsible for conducting em9 ployment-related background checks under section 3 

10 of the National Child Protection Act of 1993 (42 

11 U.S.C. 5119a). 

12 (5) Social service entities responsible for pro13 tecting minors in the child welfare system. 

14 (6) Volunteer organizations in which contact 

15 with minors or other vulnerable individuals might 

16 occur. 

17 SEC. 123. ACTIONS TO BE TAKEN WHEN SEX OFFENDER 

18 FAILS TO COMPLY. 

19 An appropriate official shall notify the Attorney Gen20 eral and appropriate State and local law enforcement 

21 agencies of any failure by a sex offender to comply with 

22 the requirements of a registry. The appropriate official, 

23 the Attorney General, and each such State and local law 

24 enforcment agency shall take any appropriate action to en25 sure compliance. 
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1 SEC. 124. IMMUNITY FOR GOOD FAITH CONDUCT. 

2 Law enforcement agencies, employees of law enforce3 ment agencies and independent contractors acting at the 

4 direction of such agencies, and officials of jurisdictions 

5 and other political subdivisions shall not be civilly or crimi6 nally liable for good faith conduct under this title. 

7 SEC. 125. DEVELOPMENT AND AVAILABILITY OF REGISTRY 

8 MANAGEMENT SOFTWARE. 

9 The Attorney General shall develop and support soft10 ware for use to establish, maintain, publish, and share sex 

11 offender registries. 

12 SEC. 126. FEDERAL DUTY WHEN STATE PROGRAMS NOT 

13 MINIMALLY SUFFICIENT. 

14 If the Attorney General determines that a jurisdiction 

15 does not have a minimally sufficient sex offender registra16 tion program, the Department of Justice shall, to the ex17 tent practicable, carry out the duties imposed on that ju18 risdiction by this title. 

19 SEC. 127. PERIOD FOR IMPLEMENTATION BY JURISDIC20 TIONS. 

21 Each jurisdiction shall implement this title not later 

22 than 2 years after the date of the enactment of this Act. 

23 However, the Attorney General may authorize a one-year 

24 extension of the deadline. 
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1 SEC. 128. FAILURE TO COMPLY. 

2 (a) IN GENERAL.—For any fiscal year after the end 

3 of the period for implementation, a jurisdiction that fails 

4 to implement this title shall not receive 10 percent of the 

5 funds that would otherwise be allocated for that fiscal year 

6 to the jurisdiction under each of the following programs: 

7 (1) BYRNE.—Subpart 1 of part E of title I of 

8 the Omnibus Crime Control and Safe Streets Act of 

9 1968 (42 U.S.C. 3750 et seq.), whether character10 ized as the Edward Byrne Memorial State and Local 

11 Law Enforcement Assistance Programs, the Edward 

12 Byrne Memorial Justice Assistance Grant Program, 

13 or otherwise. 

14 (2) LLEBG.—The Local Government Law En15 forcement Block Grants program. 

16 (b) REALLOCATION.—Amounts not allocated under a 

17 program referred to in paragraph (1) to a jurisdiction for 

18 failure to fully implement this title shall be reallocated 

19 under that program to jurisdictions that have not failed 

20 to implement this title. 

21 SEC. 129. SEX OFFENDER MANAGEMENT ASSISTANCE 

22 (SOMA) PROGRAM. 

23 (a) IN GENERAL.—The Attorney General shall estab24 lish and implement a Sex Offender Management Assist25 ance program (in this title referred to as the ‘‘SOMA pro26 gram’’) under which the Attorney General may award a 
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1 grant to a jurisdiction to offset the costs of implementing 

2 this title. 

3 (b) APPLICATION.—The chief executive of a jurisdic4 tion shall, on an annual basis, submit to the Attorney Gen5 eral an application in such form and containing such infor6 mation as the Attorney General may require. 

7 (c) BONUS PAYMENTS FOR PROMPT COMPLIANCE.—

8 A jurisdiction that, as determined by the Attorney Gen9 eral, has implemented this title not later than two years 

10 after the date of the enactment of this Act is eligible for 

11 a bonus payment. Such payment shall be made under the 

12 SOMA program for the first fiscal year beginning after 

13 that determination. The amount of the payment shall be—

14 (1) 10 percent of the total received by the juris15 diction under the SOMA program for the preceding 

16 fiscal year, if implementation is not later than one 

17 year after the date of enactment of this Act; and 

18 (2) 5 percent of such total, if not later than two 

19 years after that date. 

20 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi21 tion to any amounts otherwise authorized to be appro22 priated, there are authorized to be appropriated such sums 

23 as may be necessary to the Attorney General, to be avail24 able only for the SOMA program, for fiscal years 2006 

25 through 2008. 
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1 SEC. 130. DEMONSTRATION PROJECT FOR USE OF ELEC2 TRONIC MONITORING DEVICES. 

3 (a) PROJECT REQUIRED.—The Attorney General 

4 shall carry out a demonstration project under which the 

5 Attorney General makes grants to jurisdictions to dem6 onstrate the extent to which electronic monitoring devices 

7 can be used effectively in a sex offender management pro8 gram. 

9 (b) USE OF FUNDS.—The jurisdiction may use grant 

10 amounts under this section directly, or through arrange11 ments with public or private entities, to carry out pro12 grams under which the whereabouts of sex offenders are 

13 monitored by electronic monitoring devices. 

14 (c) PARTICIPANTS.—Not more than 10 jurisdictions 

15 may participate in the demonstration project at any one 

16 time. 

17 (d) FACTORS.—In selecting jurisdictions to partici18 pate in the demonstration project, the Attorney General 

19 shall consider the following factors: 

20 (1) The total number of sex offenders in the ju21 risdiction. 

22 (2) The percentage of those sex offenders who 

23 fail to comply with registration requirements. 

24 (3) The threat to public safety posed by those 

25 sex offenders who fail to comply with registration re26 quirements. 
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1 (4) Any other factor the Attorney General con2 siders appropriate. 

3 (e) DURATION.—The Attorney General shall carry 

4 out the demonstration project for fiscal years 2007, 2008, 

5 and 2009. 

6 (f) REPORTS.—The Attorney General shall submit to 

7 Congress an annual report on the demonstration project. 

8 Each such report shall describe the activities carried out 

9 by each participant, assess the effectiveness of those ac10 tivities, and contain any other information or rec11 ommendations that the Attorney General considers appro12 priate. 

13 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 such sums as may be necessary. 

16 SEC. 131. NATIONAL CENTER FOR MISSING AND EXPLOITED 

17 CHILDREN ACCESS TO INTERSTATE IDENTI18 FICATION INDEX. 

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law, the Attorney General shall ensure that the 

21 National Center for Missing and Exploited Children has 

22 access to the Interstate Identification Index, to be used 

23 by the Center only within the scope of its duties and re24 sponsibilities under Federal law. The access provided 

25 under this section shall be authorized only to personnel 
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1 of the Center that have met all the requirements for ac2 cess, including training, certification, and background 

3 screening. 

4 (b) IMMUNITY.—Personnel of the Center shall not be 

5 civilly or criminally liable for any use or misuse of infor6 mation in the Interstate Identification Index if in good 

7 faith. 

8 SEC. 132. LIMITED IMMUNITY FOR NATIONAL CENTER FOR 

9 MISSING AND EXPLOITED CHILDREN WITH 

10 RESPECT TO CYBERTIPLINE. 

11 Section 227 of the Victims of Child Abuse Act of 

12 1990 (42 U.S.C. 13032) is amended by adding at the end 

13 the following new subsection: 

14 ‘‘(g) LIMITATION ON LIABILITY.—

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graphs (2) and (3), the National Center for Missing 

17 and Exploited Children, including any of its direc18 tors, officers, employees, or agents, is not liable in 

19 any civil or criminal action for damages directly re20 lated to the performance of its CyberTipline respon21 sibilities and functions as defined by this section. 

22 ‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS23 CONDUCT.—Paragraph (1) does not apply in an ac24 tion in which a party proves that the National Cen25 ter for Missing and Exploited Children, or its offi-
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1 cer, employee, or agent as the case may be, engaged 

2 in intentional misconduct or acted, or failed to act, 

3 with actual malice, with reckless disregard to a sub4 stantial risk of causing injury without legal justifica5 tion, or for a purpose unrelated to the performance 

6 of responsibilities or functions under this section. 

7 ‘‘(3) ORDINARY BUSINESS ACTIVITIES.—Para8 graph (1) does not apply to an act or omission re9 lated to an ordinary business activity, such as an ac10 tivity involving general administration or operations, 

11 the use of motor vehicles, or personnel manage12 ment.’’. 

13 Subtitle B—Criminal Law Enforce14 ment of Registration Require15 ments 

16 SEC. 151. AMENDMENTS TO TITLE 18, UNITED STATES 

17 CODE, RELATING TO SEX OFFENDER REG18 ISTRATION. 

19 (a) CRIMINAL PENALTIES FOR NONREGISTRATION.—

20 Part I of title 18, United States Code, is amended by in21 serting after chapter 109A the following: 

22 ‘‘CHAPTER 109B—SEX OFFENDER AND 

23 CRIMES AGAINST CHILDREN REGISTRY

‘‘2250. Failure to register.
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1 ‘‘§ 2250. Failure to register 

2 ‘‘Whoever receives a notice from an official that such 

3 person is required to register under the Sex Offender Reg4 istration and Notification Act and—

5 ‘‘(1) is a sex offender as defined for the pur6 poses of that Act by reason of a conviction under 

7 Federal law; or 

8 ‘‘(2) thereafter travels in interstate or foreign 

9 commerce, or enters or leaves Indian country; 

10 and knowingly fails to register as required shall be fined 

11 under this title and imprisoned not less than 5 years nor 

12 more than 20 years.’’. 

13 (b) CLERICAL AMENDMENT.—The table of chapters 

14 for part I of title 18, United States Code, is amended by 

15 inserting after the item relating to chapter 109A the fol16 lowing new item:

‘‘109B. Sexual offender and crimes against children registry ............................................................................. 2250’’.

17 (c) FALSE STATEMENT OFFENSE.—Section 1001(a) 

18 of title 18, United States Code, is amended by adding at 

19 the end the following: ‘‘If the matter relates to an offense 

20 under chapter 109A, 109B, 110, or 117, then the term 

21 of imprisonment imposed under this section shall be not 

22 less than 5 years nor more than 20 years.’’
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1 (d) PROBATION.—Paragraph (8) of section 3563(a) 

2 of title 18, United States Code, is amended to read as 

3 follows: 

4 ‘‘(8) for a person required to register under the 

5 Sex Offender Registration and Notification Act, that 

6 the person comply with the requirements of that 

7 Act; and’’. 

8 (e) SUPERVISED RELEASE.—Section 3583 of title 18, 

9 United States Code, is amended—

10 (1) in subsection (d), in the sentence beginning 

11 with ‘‘The court shall order, as an explicit condition 

12 of supervised release for a person described in sec13 tion 4042(c)(4)’’, by striking ‘‘described in section 

14 4042(c)(4)’’ and all that follows through the end of 

15 the sentence and inserting ‘‘required to register 

16 under the Sex Offender Registration and Notifica17 tion Act that the person comply with the require18 ments of that Act.’’

19 (2) in subsection (k)—

20 (A) by striking ‘‘2244(a)(1), 2242(a)(2)’’ 

21 and inserting ‘‘2243, 2244, 2245, 2250’’; 

22 (B) by inserting ‘‘not less than 5,’’ after 

23 ‘‘any term of years’’; and 

24 (C) by adding at the end the following: ‘‘If 

25 a defendant required to register under the Sex 
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1 Offender Registration and Notification Act vio2 lates the requirements of that Act or commits 

3 any criminal offense for which imprisonment for 

4 a term longer than one year can be imposed, 

5 the court shall revoke the term of supervised re6 lease and require the defendant to serve a term 

7 of imprisonment under subsection (e)(3) with8 out regard to the exception contained therein. 

9 Such term shall be not less than 5 years, and 

10 if the offense was an offense under chapter 

11 109A, 109B, 110, or 117, not less than 10 

12 years.’’ . 

13 (f) DUTIES OF BUREAU OF PRISONS.—Paragraph 

14 (3) of section 4042(c) of title 18, United States Code, is 

15 amended to read as follows: 

16 ‘‘(3) The Director of the Bureau of Prisons 

17 shall inform a person who is released from prison 

18 and required to register under the Sex Offender 

19 Registration and Notification Act of the require20 ments of that Act as they apply to that person and 

21 the same information shall be provided to a person 

22 sentenced to probation by the probation officer re23 sponsible for supervision of that person.’’. 

24 (g) CONFORMING AMENDMENT OF CROSS REF25 ERENCE.—Paragraph (1) of section 4042(c) of title 18, 
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1 United States Code, is amended by striking ‘‘(4)’’ and in2 serting ‘‘(3)’’. 

3 (h) CONFORMING REPEAL OF DEADWOOD.—Para4 graph (4) of section 4042(c) of title 18, United States 

5 Code, is repealed. 

6 SEC. 152. INVESTIGATION BY UNITED STATES MARSHALS 

7 OF SEX OFFENDER VIOLATIONS OF REG8 ISTRATION REQUIREMENTS. 

9 (a) IN GENERAL.—The Attorney General shall use 

10 the authority provided in section 566(e)(1)(B) of title 28, 

11 United States Code, to assist States and other jurisdic12 tions in locating and apprehending sex offenders who vio13 late sex offender registration requirements. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as may be 

16 necessary for fiscal years 2006 through 2008 to implement 

17 this section. 

18 SEC. 153. SEX OFFENDER APPREHENSION GRANTS. 

19 Title I of the Omnibus Crime Control and Safe 

20 Streets Act of 1968 is amended by adding at the end the 

21 following new part: 
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1 ‘‘PART JJ—SEX OFFENDER APPREHENSION 

2 GRANTS 

3 ‘‘SEC. 3011. AUTHORITY TO MAKE SEX OFFENDER APPRE4 HENSION GRANTS. 

5 ‘‘(a) IN GENERAL.—From amounts made available to 

6 carry out this part, the Attorney General may make grants 

7 to States, units of local government, Indian tribal govern8 ments, other public and private entities, and multi-juris9 dictional or regional consortia thereof for activities speci10 fied in subsection (b). 

11 ‘‘(b) COVERED ACTIVITIES.—An activity referred to 

12 in subsection (a) is any program, project, or other activity 

13 to assist a State in enforcing sex offender registration re14 quirements. 

15 ‘‘SEC. 3012. AUTHORIZATION OF APPROPRIATIONS. 

16 ‘‘There are authorized to be appropriated such sums 

17 as may be necessary for fiscal years 2006 through 2008 

18 to carry out this part.’’. 

19 SEC. 154. USE OF ANY CONTROLLED SUBSTANCE TO FA20 CILITATE SEX OFFENSE. 

21 (a) INCREASED PUNISHMENT.—Chapter 109A of 

22 title 18, United States Code, is amended by adding at the 

23 end the following: 
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1 ‘‘§ 2249. Use of any controlled substance to facilitate 

2 sex offense 

3 ‘‘(a) Whoever, knowingly uses a controlled substance 

4 to substantially impair the ability of a person to appraise 

5 or control conduct, in order to commit a sex offense, other 

6 than an offense where such use is an element of the of7 fense, shall, in addition to the punishment provided for 

8 the sex offense, be imprisoned for any term of years not 

9 less than 10, or for life. 

10 ‘‘(b) As used in this section, the term ‘sex offense’ 

11 means an offense under this chapter other than an offense 

12 under this section.’’. 

13 (b) AMENDMENT TO TABLE.—The table of sections 

14 at the beginning of chapter 109A of title 18, United States 

15 Code, is amended by adding at the end the following new 

16 item:

‘‘2249. Use of any controlled substance to facilitate sex offense.’’.

17 SEC. 155. REPEAL OF PREDECESSOR SEX OFFENDER PRO18 GRAM. 

19 Sections 170101 (42 U.S.C. 14071) and 170102 (42 

20 U.S.C. 14072) of the Violent Crime Control and Law En21 forcement Act of 1994, and section 8 of the Pam Lychner 

22 Sexual Offender Tracking and Identification Act of 1996 

23 (42 U.S.C. 14073), are repealed. 
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1 TITLE II—DNA FINGERPRINTING 

2 SEC. 201. SHORT TITLE. 

3 This title may be cited as the ‘‘DNA Fingerprinting 

4 Act of 2005’’. 

5 SEC. 202. EXPANDING USE OF DNA TO IDENTIFY AND PROS6 ECUTE SEX OFFENDERS. 

7 (a) EXPANSION OF NATIONAL DNA INDEX SYS8 TEM.—Section 210304 of the DNA Identification Act of 

9 1994 (42 U.S.C. 14132) is amended—

10 (1) in subsection (a)(1)(C), by striking ‘‘, pro11 vided’’ and all that follows through ‘‘System’’; and 

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

13 (b) DNA SAMPLE COLLECTION FROM PERSONS AR14 RESTED OR DETAINED UNDER FEDERAL AUTHORITY.—

15 (1) IN GENERAL.—Section 3 of the DNA Anal16 ysis Backlog Elimination Act of 2000 (42 U.S.C. 

17 14135a) is amended 

18 (A) in subsection (a)—

19 (i) in paragraph (1), by striking ‘‘The 

20 Director’’ and inserting the following: 

21 ‘‘(A) The Attorney General may, as pro22 vided by the Attorney General by regulation, 

23 collect DNA samples from individuals who are 

24 arrested or detained under the authority of the 

25 United States. The Attorney General may dele-
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1 gate this function within the Department of 

2 Justice as provided in section 510 of title 28, 

3 United States Code, and may also authorize 

4 and direct any other agency of the United 

5 States that arrests or detains individuals or su6 pervises individuals facing charges to carry out 

7 any function and exercise any power of the At8 torney General under this section. 

9 ‘‘(B) The Director’’; and 

10 (ii) in paragraphs (3) and (4), by 

11 striking ‘‘Director of the Bureau of Pris12 ons’’ each place it appears and inserting 

13 ‘‘Attorney General, the Director of the Bu14 reau of Prisons,’’; and 

15 (B) in subsection (b), by striking ‘‘Director 

16 of the Bureau of Prisons’’ and inserting ‘‘Attor17 ney General, the Director of the Bureau of 

18 Prisons,’’. 

19 (2) CONFORMING AMENDMENT.—Subsections 

20 (b) and (c)(1)(A) of section 3142 of title 18, United 

21 States Code, are each amended by inserting ‘‘and 

22 subject to the condition that the person cooperate in 

23 the collection of a DNA sample from the person if 

24 the collection of such a sample is authorized pursu25 ant to section 3 of the DNA Analysis Backlog Elimi-
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1 nation Act of 2000 (42 U.S.C. 14135a)’’ after ‘‘pe2 riod of release’’. 

3 (c) TOLLING OF STATUTE OF LIMITATIONS IN SEX4 UAL ABUSE CASES.—Section 3297 of title 18, United 

5 States Code, is amended by striking ‘‘except for a felony 

6 offense under chapter 109A,’’. 

7 SEC. 203. STOPPING VIOLENT PREDATORS AGAINST CHIL8 DREN. 

9 In carrying out Acts of Congress relating to DNA 

10 databases, the Attorney General shall give appropriate 

11 consideration to the need for the collection and testing of 

12 DNA to stop violent predators against children. 

13 SEC. 204. MODEL CODE ON INVESTIGATING MISSING PER14 SONS AND DEATHS. 

15 (a) MODEL CODE REQUIRED.—Not later than 60 

16 days after the date of the enactment of this Act, the Attor17 ney General shall publish a model code setting forth proce18 dures to be followed by law enforcement officers when in19 vestigating a missing person or a death. The procedures 

20 shall include the use of DNA analysis to help locate miss21 ing persons and to help identify human remains. 

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that each State should, not later than 1 year after 

24 the date on which the Attorney General publishes the 

25 model code, enact laws implementing the model code. 
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1 (c) GAO STUDY.—Not later than 2 years after the 

2 date on which the Attorney General publishes the model 

3 code, the Comptroller General shall submit to Congress 

4 a report on the extent to which States have implemented 

5 the model code. The report shall, for each State—

6 (1) describe the extent to which the State has 

7 implemented the model code; and 

8 (2) to the extent the State has not implemented 

9 the model code, describe the reasons why the State 

10 has not done so. 

11 TITLE III—PREVENTION AND DE12 TERRENCE OF CRIMES 

13 AGAINST CHILDREN ACT OF 

14 2005

15 SEC. 301. SHORT TITLE. 

16 This title may be cited as the ‘‘Prevention and Deter17 rence of Crimes Against Children Act of 2005’’. 

18 SEC. 302. ASSURED PUNISHMENT FOR VIOLENT CRIMES 

19 AGAINST CHILDREN. 

20 (a) SPECIAL SENTENCING RULE.—Subsection (d) of 

21 section 3559 of title 18, United States Code, is amended 

22 to read as follows: 

23 ‘‘(d) MANDATORY MINIMUM TERMS OF IMPRISON24 MENT FOR VIOLENT CRIMES AGAINST CHILDREN.—A 

25 person who is convicted of a felony crime of violence 
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1 against the person of an individual who has not attained 

2 the age of 18 years shall, unless a greater mandatory min3 imum sentence of imprisonment is otherwise provided by 

4 law and regardless of any maximum term of imprisonment 

5 otherwise provided for the offense—

6 ‘‘(1) if the crime of violence results in the death 

7 of a person who has not attained the age of 18 

8 years, be sentenced to death or life in prison; 

9 ‘‘(2) if the crime of violence is kidnapping, ag10 gravated sexual abuse, sexual abuse, or maiming, or 

11 results in serious bodily injury (as defined in section 

12 2119(2)) be imprisoned for life or any term of years 

13 not less than 30; 

14 ‘‘(3) if the crime of violence results in bodily in15 jury (as defined in section 1365) or is an offense 

16 under paragraphs (1), (2), or (5) of section 2244(a), 

17 be imprisoned for life or for any term of years not 

18 less than 20; 

19 ‘‘(4) if a dangerous weapon was used during 

20 and in relation to the crime of violence, be impris21 oned for life or for any term of years not less than 

22 15; and 

23 ‘‘(5) in any other case, be imprisoned for life or 

24 for any term of years not less than 10.’’. 
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1 SEC. 303. ENSURING FAIR AND EXPEDITIOUS FEDERAL 

2 COLLATERAL REVIEW OF CONVICTIONS FOR 

3 KILLING A CHILD. 

4 (a) LIMITS ON CASES.—Section 2254 of title 28, 

5 United States Code, is amended by adding at the end the 

6 following: 

7 ‘‘(j)(1) A court, justice, or judge shall not have juris8 diction to consider any claim relating to the judgment or 

9 sentence in an application described under paragraph (2), 

10 unless the applicant shows that the claim qualifies for con11 sideration on the grounds described in subsection (e)(2). 

12 Any such application that is presented to a court, justice, 

13 or judge other than a district court shall be transferred 

14 to the appropriate district court for consideration or dis15 missal in conformity with this subsection, except that a 

16 court of appeals panel must authorize any second or suc17 cessive application in conformity with section 2244 before 

18 any consideration by the district court. 

19 ‘‘(2) This subsection applies to an application for a 

20 writ of habeas corpus on behalf of a person in custody 

21 pursuant to the judgment of a State court for a crime 

22 that involved the killing of a individual who has not at23 tained the age of 18 years. 

24 ‘‘(3) For an application described in paragraph (2), 

25 the following requirements shall apply in the district court: 
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1 ‘‘(A) Any motion by either party for an evi2 dentiary hearing shall be filed and served not later 

3 than 90 days after the State files its answer or, if 

4 no timely answer is filed, the date on which such an5 swer is due. 

6 ‘‘(B) Any motion for an evidentiary hearing 

7 shall be granted or denied not later than 30 days 

8 after the date on which the party opposing such mo9 tion files a pleading in opposition to such motion or, 

10 if no timely pleading in opposition is filed, the date 

11 on which such pleading in opposition is due. 

12 ‘‘(C) Any evidentiary hearing shall be—

13 ‘‘(i) convened not less than 60 days after 

14 the order granting such hearing; and 

15 ‘‘(ii) completed not more than 150 days 

16 after the order granting such hearing. 

17 ‘‘(D) A district court shall enter a final order, 

18 granting or denying the application for a writ of ha19 beas corpus, not later than 15 months after the date 

20 on which the State files its answer or, if no timely 

21 answer is filed, the date on which such answer is 

22 due, or not later than 60 days after the case is sub23 mitted for decision, whichever is earlier. 

24 ‘‘(E) If the district court fails to comply with 

25 the requirements of this paragraph, the State may 
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1 petition the court of appeals for a writ of mandamus 

2 to enforce the requirements. The court of appeals 

3 shall grant or deny the petition for a writ of man4 damus not later than 30 days after such petition is 

5 filed with the court. 

6 ‘‘(4) For an application described in paragraph (2), 

7 the following requirements shall apply in the court of ap8 peals: 

9 ‘‘(A) A timely filed notice of appeal from an 

10 order issuing a writ of habeas corpus shall operate 

11 as a stay of that order pending final disposition of 

12 the appeal. 

13 ‘‘(B) The court of appeals shall decide the ap14 peal from an order granting or denying a writ of ha15 beas corpus—

16 ‘‘(i) not later than 120 days after the date 

17 on which the brief of the appellee is filed or, if 

18 no timely brief is filed, the date on which such 

19 brief is due; or 

20 ‘‘(ii) if a cross-appeal is filed, not later 

21 than 120 days after the date on which the ap22 pellant files a brief in response to the issues 

23 presented by the cross-appeal or, if no timely 

24 brief is filed, the date on which such brief is 

25 due. 
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1 ‘‘(C)(i) Following a decision by a panel of the 

2 court of appeals under subparagraph (B), a petition 

3 for panel rehearing is not allowed, but rehearing by 

4 the court of appeals en banc may be requested. The 

5 court of appeals shall decide whether to grant a peti6 tion for rehearing en banc not later than 30 days 

7 after the date on which the petition is filed, unless 

8 a response is required, in which case the court shall 

9 decide whether to grant the petition not later than 

10 30 days after the date on which the response is filed 

11 or, if no timely response is filed, the date on which 

12 the response is due. 

13 ‘‘(ii) If rehearing en banc is granted, the court 

14 of appeals shall make a final determination of the 

15 appeal not later than 120 days after the date on 

16 which the order granting rehearing en banc is en17 tered. 

18 ‘‘(D) If the court of appeals fails to comply 

19 with the requirements of this paragraph, the State 

20 may petition the Supreme Court or a justice thereof 

21 for a writ of mandamus to enforce the requirements. 

22 ‘‘(5)(A) The time limitations under paragraphs (3) 

23 and (4) shall apply to an initial application described in 

24 paragraph (2), any second or successive application de25 scribed in paragraph (2), and any redetermination of an 
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1 application described in paragraph (2) or related appeal 

2 following a remand by the court of appeals or the Supreme 

3 Court for further proceedings. 

4 ‘‘(B) In proceedings following remand in the district 

5 court, time limits running from the time the State files 

6 its answer under paragraph (3) shall run from the date 

7 the remand is ordered if further briefing is not required 

8 in the district court. If there is further briefing following 

9 remand in the district court, such time limits shall run 

10 from the date on which a responsive brief is filed or, if 

11 no timely responsive brief is filed, the date on which such 

12 brief is due. 

13 ‘‘(C) In proceedings following remand in the court of 

14 appeals, the time limit specified in paragraph (4)(B) shall 

15 run from the date the remand is ordered if further briefing 

16 is not required in the court of appeals. If there is further 

17 briefing in the court of appeals, the time limit specified 

18 in paragraph (4)(B) shall run from the date on which a 

19 responsive brief is filed or, if no timely responsive brief 

20 is filed, from the date on which such brief is due. 

21 ‘‘(6) The failure of a court to meet or comply with 

22 a time limitation under this subsection shall not be a 

23 ground for granting relief from a judgment of conviction 

24 or sentence, nor shall the time limitations under this sub25 section be construed to entitle a capital applicant to a stay 
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1 of execution, to which the applicant would otherwise not 

2 be entitled, for the purpose of litigating any application 

3 or appeal.’’. 

4 (b) VICTIMS’ RIGHTS IN HABEAS CASES.—Section 

5 3771(b) of title 18, United States Code, is amended by 

6 adding at the end the following: ‘‘The rights established 

7 for crime victims by this section shall also be extended 

8 in a Federal habeas corpus proceeding arising out of a 

9 State conviction to victims of the State offense at issue.’’. 

10 (c) APPLICATION TO PENDING CASES.—

11 (1) IN GENERAL.—The amendment made by 

12 this section apply to cases pending on the date of 

13 the enactment of this Act as well as to cases com14 menced on and after that date. 

15 (2) SPECIAL RULE FOR TIME LIMITS.—In a 

16 case pending on the date of the enactment of this 

17 Act, if the amendment made by subsection (a) pro18 vides that a time limit runs from an event or time 

19 that has occurred before that date, the time limit 

20 shall instead run from that date. 
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1 TITLE IV—PROTECTION 

2 AGAINST SEXUAL EXPLOI3 TATION OF CHILDREN ACT OF 

4 2005

5 SEC. 401. SHORT TITLE. 

6 This title may be cited as the ‘‘Protection Against 

7 Sexual Exploitation of Children Act of 2005’’. 

8 SEC. 402. INCREASED PENALTIES FOR SEXUAL OFFENSES 

9 AGAINST CHILDREN. 

10 (a) SEXUAL ABUSE AND CONTACT.—

11 (1) AGGRAVATED SEXUAL ABUSE OF CHIL12 DREN.—Section 2241(c) of title 18, United States 

13 Code, is amended by striking ‘‘, imprisoned for any 

14 term of years or life, or both.’’ and inserting ‘‘and 

15 imprisoned for not less than 30 years or for life.’’. 

16 (2) ABUSIVE SEXUAL CONTACT WITH CHIL17 DREN.—Section 2244 of chapter 109A of title 18, 

18 United States Code, is amended—

19 (A) in subsection (a)—

20 (i) in paragraph (1), by inserting 

21 ‘‘subsection (a) or (b) of’’ before ‘‘section 

22 2241’’; 

23 (ii) by striking ‘‘or’’ at the end of 

24 paragraph (3); 
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1 (iii) by striking the period at the end 

2 of paragraph (4) and inserting ‘‘; or’’; and 

3 (iv) by inserting after paragraph (4) 

4 the following: 

5 ‘‘(5) subsection (c) of section 2241 of this title 

6 had the sexual contact been a sexual act, shall be 

7 fined under this title and imprisoned for not less 

8 than 10 years and not more than 25 years;’’; and 

9 (B) in subsection (c), by inserting ‘‘(other 

10 than subsection (a)(5))’’ after ‘‘violates this sec11 tion’’. 

12 (3) SEXUAL ABUSE OF CHILDREN RESULTING

13 IN DEATH.—Section 2245 of title 18, United States 

14 Code, is amended—

15 (A) by inserting ‘‘, chapter 110, chapter 

16 117, or section 1591’’ after ‘‘this chapter’’; 

17 (B) by striking ‘‘A person’’ and inserting 

18 ‘‘(a) IN GENERAL.—A person’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(b) OFFENSES INVOLVING YOUNG CHILDREN.—A 

21 person who, in the course of an offense under this chapter, 

22 chapter 110, chapter 117, or section 1591 engages in con23 duct that results in the death of a person who has not 

24 attained the age of 12 years, shall be punished by death 

25 or imprisoned for not less than 30 years or for life.’’. 
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1 (4) DEATH PENALTY AGGRAVATING FACTOR.—

2 Section 3592(c)(1) of title 18, United States Code, 

3 is amended by inserting ‘‘section 2245 (sexual abuse 

4 resulting in death),’’ after ‘‘(wrecking trains),’’. 

5 (b) SEXUAL EXPLOITATION AND OTHER ABUSE OF

6 CHILDREN.—

7 (1) SEXUAL EXPLOITATION OF CHILDREN.—

8 Section 2251(e) of title 18, United States Code, is 

9 amended—

10 (A) by striking ‘‘15 years nor more than 

11 30 years’’ and inserting ‘‘25 years or for life’’; 

12 (B) by inserting ‘‘section 1591,’’ after 

13 ‘‘this chapter,’’ the first place it appears; 

14 (C) by striking ‘‘the sexual exploitation of 

15 children’’ the first place it appears and insert16 ing ‘‘aggravated sexual abuse, sexual abuse, 

17 abusive sexual contact involving a minor or 

18 ward, or sex trafficking of children, or the pro19 duction, possession, receipt, mailing, sale, dis20 tribution, shipment, or transportation of child 

21 pornography’’; 

22 (D) by striking ‘‘not less than 25 years nor 

23 more than 50 years, but if such person has 2 

24 or more prior convictions under this chapter, 

25 chapter 71, chapter 109A, or chapter 117, or 
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1 under section 920 of title 10 (article 120 of the 

2 Uniform Code of Military Justice), or under the 

3 laws of any State relating to the sexual exploi4 tation of children, such person shall be fined 

5 under this title and imprisoned not less than 35 

6 years nor more than life.’’ and inserting ‘‘life.’’; 

7 and 

8 (E) by striking ‘‘any term of years or for 

9 life’’ and inserting ‘‘not less than 30 years or 

10 for life.’’. 

11 (2) ACTIVITIES RELATING TO MATERIAL IN12 VOLVING THE SEXUAL EXPLOITATION OF CHIL13 DREN.—Section 2252(b) of title 18, United States 

14 Code, is amended—

15 (A) in paragraph (1)—

16 (i) by striking ‘‘paragraphs (1)’’ and 

17 inserting ‘‘paragraph (1)’’; 

18 (ii) by inserting ‘‘section 1591,’’ after 

19 ‘‘this chapter,’’; 

20 (iii) by inserting ‘‘, or sex trafficking 

21 of children’’ after ‘‘pornography’’; 

22 (iv) by striking ‘‘5 years and not more 

23 than 20 years’’ and inserting ‘‘25 years or 

24 for life’’; and 
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1 (v) by striking ‘‘not less than 15 years 

2 nor more than 40 years.’’ and inserting 

3 ‘‘life.’’; and 

4 (B) in paragraph (2)—

5 (i) by striking ‘‘or imprisoned for not 

6 more than 10 years’’ and inserting ‘‘and 

7 imprisoned for not less than 10 nor more 

8 than 30 years’’; 

9 (ii) by striking ‘‘, or both’’; and 

10 (iii) by striking ‘‘10 years nor more 

11 than 20 years.’’ and inserting ‘‘30 years or 

12 for life.’’. 

13 (3) ACTIVITIES RELATING TO MATERIAL CON14 STITUTING OR CONTAINING CHILD PORNOGRAPHY.—

15 Section 2252A(b) of title 18, United States Code, is 

16 amended—

17 (A) in paragraph (1)—

18 (i) by inserting ‘‘section 1591,’’ after 

19 ‘‘this chapter,’’ the first place it appears; 

20 (ii) by inserting ‘‘, or sex trafficking 

21 of children’’ after ‘‘pornography’’; 

22 (iii) by striking ‘‘5 years and not more 

23 than 20 years’’ and inserting ‘‘25 years or 

24 for life’’; and 
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1 (iv) by striking ‘‘not less than 15 

2 years nor more than 40 years’’ and insert3 ing ‘‘life’’; and 

4 (B) in paragraph (2)—

5 (i) by striking ‘‘or imprisoned not 

6 more than 10 years, or both’’ and inserting 

7 ‘‘and imprisoned for not less than 10 nor 

8 more than 30 years’’; and 

9 (ii) by striking ‘‘10 years nor more 

10 than 20 years’’ and inserting ‘‘30 years or 

11 for life’’. 

12 (4) USING MISLEADING DOMAIN NAMES TO DI13 RECT CHILDREN TO HARMFUL MATERIAL ON THE

14 INTERNET.—Section 2252B(b) of title 18, United 

15 States Code, is amended by striking ‘‘or imprisoned 

16 not more than 4 years, or both’’ and inserting ‘‘and 

17 imprisoned not less than 10 nor more than 30 

18 years’’. 

19 (5) PRODUCTION OF SEXUALLY EXPLICIT DE20 PICTIONS OF CHILDREN.—Section 2260(c) of title 

21 18, United States Code, is amended by striking 

22 paragraphs (1) and (2) and inserting the following: 

23 ‘‘(1) shall be fined under this title and impris24 oned for any term or years not less than 25 or for 

25 life; and 
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1 ‘‘(2) if the person has a prior conviction under 

2 this chapter, section 1591, chapter 71, chapter 

3 109A, or chapter 117, or under section 920 of title 

4 10 (article 120 of the Uniform Code of Military Jus5 tice), shall be fined under this title and imprisoned 

6 for life.’’. 

7 (c) MANDATORY LIFE IMPRISONMENT FOR CERTAIN

8 REPEATED SEX OFFENSES AGAINST CHILDREN.—Sec9 tion 3559(e)(2)(A) of title 18, United States Code, is 

10 amended—

11 (1) by striking ‘‘or 2423(a)’’ and inserting 

12 ‘‘2423(a)’’; and 

13 (2) by inserting ‘‘, 2423(b) (relating to travel 

14 with intent to engage in illicit sexual conduct), 

15 2423(c) (relating to illicit sexual conduct in foreign 

16 places), or 2425 (relating to use of interstate facili17 ties to transmit information about a minor)’’ after 

18 ‘‘minors)’’. 

19 TITLE V—FOSTER CHILD PRO20 TECTION AND CHILD SEXUAL 

21 PREDATOR DETERRENCE 

22 SEC. 501. SHORT TITLE. 

23 This title may be cited as the ‘‘Foster Child Protec24 tion and Child Sexual Predator Sentencing Act of 2005’’. 
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1 SEC. 502. REQUIREMENT TO COMPLETE BACKGROUND 

2 CHECKS BEFORE APPROVAL OF ANY FOSTER 

3 OR ADOPTIVE PLACEMENT AND TO CHECK 

4 NATIONAL CRIME INFORMATION DATABASES 

5 AND STATE CHILD ABUSE REGISTRIES; SUS6 PENSION AND SUBSEQUENT ELIMINATION OF 

7 OPT-OUT. 

8 (a) REQUIREMENT TO COMPLETE BACKGROUND

9 CHECKS BEFORE APPROVAL OF ANY FOSTER OR ADOP10 TIVE PLACEMENT AND TO CHECK NATIONAL CRIME IN11 FORMATION DATABASES AND STATE CHILD ABUSE REG12 ISTRIES; SUSPENSION OF OPT-OUT.—

13 (1) REQUIREMENT TO CHECK NATIONAL CRIME

14 INFORMATION DATABASES AND STATE CHILD ABUSE

15 REGISTRIES.—Section 471(a)(20) of the Social Se16 curity Act (42 U.S.C. 671(a)(20)) is amended—

17 (A) in subparagraph (A)—

18 (i) in the matter preceding clause 

19 (i)—

20 (I) by inserting ‘‘, including 

21 checks of national crime information 

22 databases (as defined in section 

23 534(e)(3)(A) of title 28, United 

24 States Code),’’ after ‘‘criminal records 

25 checks’’; and 
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1 (II) by striking ‘‘on whose behalf 

2 foster care maintenance payments or 

3 adoption assistance payments are to 

4 be made’’ and inserting ‘‘regardless of 

5 whether foster care maintenance pay6 ments or adoption assistance pay7 ments are to be made on behalf of the 

8 child’’; and 

9 (ii) in each of clauses (i) and (ii), by 

10 inserting ‘‘involving a child on whose be11 half such payments are to be so made’’ 

12 after ‘‘in any case’’; and 

13 (B) by adding ‘‘and’’ at the end of sub14 paragraph (B); and 

15 (C) by adding at the end the following: 

16 ‘‘(C) provides that the State shall—

17 ‘‘(i) check any child abuse and neglect 

18 registry maintained by the State for infor19 mation on any prospective foster or adop20 tive parent and on any other adult living in 

21 the home of such a prospective parent, and 

22 request any other State in which any such 

23 prospective parent or other adult has re24 sided in the preceding 5 years, to enable 

25 the State to check any child abuse and ne-
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1 glect registry maintained by such other 

2 State for such information, before the pro3 spective foster or adoptive parent may be 

4 finally approved for placement of a child, 

5 regardless of whether foster care mainte6 nance payments or adoption assistance 

7 payments are to be made on behalf of the 

8 child under the State plan under this part; 

9 ‘‘(ii) comply with any request de10 scribed in clause (i) that is received from 

11 another State; and 

12 ‘‘(iii) have in place safeguards to pre13 vent the unauthorized disclosure of infor14 mation in any child abuse and neglect reg15 istry maintained by the State, and to pre16 vent any such information obtained pursu17 ant to this subparagraph from being used 

18 for a purpose other than the conducting of 

19 background checks in foster or adoptive 

20 placement cases;’’. 

21 (2) SUSPENSION OF OPT-OUT.—Section 

22 471(a)(20)(B) of such Act (42 U.S.C. 

23 671(a)(20)(B)) is amended—

24 (A) by inserting ‘‘, on or before September 

25 30, 2005,’’ after ‘‘plan if’’; and 
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1 (B) by inserting ‘‘, on or before such 

2 date,’’ after ‘‘or if’’. 

3 (b) ELIMINATION OF OPT-OUT.—Section 471(a)(20) 

4 of such Act (42 U.S.C. 671(a)(20)), as amended by sub5 section (a) of this section, is amended—

6 (1) in subparagraph (A)—

7 (A) in the matter preceding clause (i), by 

8 striking ‘‘unless an election provided for in sub9 paragraph (B) is made with respect to the 

10 State,’’; and 

11 (B) by adding ‘‘and’’ at the end of clause 

12 (ii); and 

13 (2) by striking subparagraph (B) and redesig14 nating subparagraph (C) as subparagraph (B). 

15 (c) EFFECTIVE DATE.—

16 (1) IN GENERAL.—The amendments made by 

17 subsection (a) shall take effect on October 1, 2005, 

18 and shall apply with respect to payments under part 

19 E of title IV of the Social Security Act for calendar 

20 quarters beginning on or after such date, without re21 gard to whether regulations to implement the 

22 amendments are promulgated by such date. 

23 (2) ELIMINATION OF OPT-OUT.—The amend24 ments made by subsection (b) shall take effect on 

25 October 1, 2007, and shall apply with respect to 
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1 payments under part E of title IV of the Social Se2 curity Act for calendar quarters beginning on or 

3 after such date, without regard to whether regula4 tions to implement the amendments are promulgated 

5 by such date. 

6 (3) DELAY PERMITTED IF STATE LEGISLATION

7 REQUIRED.—If the Secretary of Health and Human 

8 Services determines that State legislation (other 

9 than legislation appropriating funds) is required in 

10 order for a State plan under section 471 of the So11 cial Security Act to meet the additional requirements 

12 imposed by the amendments made by a subsection 

13 of this section, the plan shall not be regarded as fail14 ing to meet any of the additional requirements be15 fore the first day of the first calendar quarter begin16 ning after the first regular session of the State legis17 lature that begins after the otherwise applicable ef18 fective date of the amendments. If the State has a 

19 2-year legislative session, each year of the session is 

20 deemed to be a separate regular session of the State 

21 legislature. 
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1 SEC. 503. ACCESS TO FEDERAL CRIME INFORMATION DATA2 BASES BY CHILD WELFARE AGENCIES FOR 

3 CERTAIN PURPOSES. 

4 (a) IN GENERAL.—The Attorney General shall, upon 

5 request of the chief executive of a State, ensure that ap6 propriate officers of child welfare agencies have the au7 thority for ‘‘read only’’ online access to the databases of 

8 the national crime information databases (as defined in 

9 section 534 of title 28, United States Code) to carry out 

10 criminal history records checks, subject to subsection (b). 

11 (b) LIMITATION.—An officer may use the authority 

12 under subsection (a) only in furtherance of the purposes 

13 of the agency and only on an individual relevant to case14 work of the agency. 

15 (c) PROTECTION OF INFORMATION.—An individual 

16 having information derived as a result of a check under 

17 subsection (a) may release that information only to appro18 priate officers of child welfare agencies or another person 

19 authorized by law to receive that information. 

20 (d) CRIMINAL PENALTIES.—An individual who know21 ingly exceeds the authority in subsection (a), or knowingly 

22 releases information in violation of subsection (c), shall be 

23 imprisoned not more than 10 years or fined under title 

24 18, United States Code, or both. 

25 (e) CHILD WELFARE AGENCY DEFINED.—In this 

26 section, the term ‘‘child welfare agency’’ means—
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1 (1) the State or local agency responsible for ad2 ministering the plan under part B or part E of title 

3 IV of the Social Security Act; and 

4 (2) any other public agency, or any other pri5 vate agency under contract with the State or local 

6 agency responsible for administering the plan under 

7 part B or part E of title IV of the Social Security 

8 Act, that is responsible for the placement of foster 

9 or adoptive children. 

10 SEC. 504. PENALTIES FOR COERCION AND ENTICEMENT BY 

11 SEX OFFENDERS. 

12 Section 2422(a) of title 18, United States Code, is 

13 amended by striking ‘‘or imprisoned not more than 20 

14 years, or both’’ and inserting ‘‘and imprisoned not less 

15 than 10 years nor more than 30 years’’. 

16 SEC. 505. PENALTIES FOR CONDUCT RELATING TO CHILD 

17 PROSTITUTION. 

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

19 amended—

20 (1) in subsection (a), by striking ‘‘5 years and 

21 not more than 30 years’’ and inserting ‘‘30 years or 

22 for life’’; 

23 (2) in subsection (b), by striking ‘‘or impris24 oned not more than 30 years, or both’’ and inserting 
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1 ‘‘and imprisoned for not less than 10 years and not 

2 more than 30 years’’; 

3 (3) in subsection (c), by striking ‘‘or imprisoned 

4 not more than 30 years, or both’’ and inserting ‘‘and 

5 imprisoned for not less than 10 years and not more 

6 than 30 years’’; and 

7 (4) in subsection (d), by striking ‘‘imprisoned 

8 not more than 30 years, or both’’ and inserting ‘‘and 

9 imprisoned for not less than 10 nor more than 30 

10 years’’. 

11 SEC. 506. PENALTIES FOR SEXUAL ABUSE. 

12 (a) AGGRAVATED SEXUAL ABUSE.—Section 2241 of 

13 title 18, United States Code, is amended—

14 (1) in subsection (a), by striking ‘‘, imprisoned 

15 for any term of years or life, or both’’ and inserting 

16 ‘‘and imprisoned for any term of years not less than 

17 30 or for life’’; and 

18 (2) in subsection (b), by striking ‘‘, imprisoned 

19 for any term of years or life, or both’’ and inserting 

20 ‘‘and imprisoned for any term of years not less than 

21 25 or for life’’. 

22 (b) SEXUAL ABUSE.—Section 2242 of title 18, 

23 United States Code, is amended by striking ‘‘, imprisoned 

24 not more than 20 years, or both’’ and inserting ‘‘and im25 prisoned not less than 15 years nor more than 40 years’’. 
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1 (c) ABUSIVE SEXUAL CONTACT.—Section 2244(a) of 

2 title 18, United States Code, is amended—

3 (1) in paragraph (2), by striking ‘‘, imprisoned 

4 not more than three years, or both’’ and inserting 

5 ‘‘and imprisoned not less than 5 years nor more 

6 than 30 years’’; 

7 (2) in paragraph (3), by striking ‘‘, imprisoned 

8 not more than two years, or both’’ and inserting 

9 ‘‘and imprisoned not less than 4 years nor more 

10 than 20 years’’; and 

11 (3) in paragraph (4), by striking ‘‘, imprisoned 

12 not more than six months, or both’’ and inserting 

13 ‘‘and imprisoned not less than 2 years nor more 

14 than 10 years’’. 

15 SEC. 507. SEX OFFENDER SUBMISSION TO SEARCH AS CON16 DITION OF RELEASE. 

17 (a) CONDITIONS OF PROBATION.—Section 3563(a) of 

18 title 18, United States Code, is amended——

19 (1) in paragraph (8), by striking ‘‘and’’ at the 

20 end; 

21 (2) in paragraph (9), by striking the period and 

22 inserting ‘‘; and’’; and 

23 (3) by inserting after paragraph (9) the fol24 lowing: 
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1 ‘‘(10) for a person who is a felon or required 

2 to register under the Sex Offender Registration and 

3 Notification Act, that the person submit his person, 

4 and any property, house, residence, vehicle, papers, 

5 computer, other electronic communication or data 

6 storage devices or media, and effects to search at 

7 any time, with or without a warrant, by any law en8 forcement or probation officer with reasonable sus9 picion concerning a violation of a condition of proba10 tion or unlawful conduct by the person, and by any 

11 probation officer in the lawful discharge of the offi12 cer’s supervision functions.’’. 

13 (b) SUPERVISED RELEASE.—Section 3583(d) of title 

14 18, United States Code, is amended by inserting after 

15 ‘‘1994).’’ the following: ‘‘The court shall order, as an ex16 plicit condition of supervised release for a person who is 

17 a felon or required to register under the Sex Offender Reg18 istration and Notification Act, that the person submit his 

19 person, and any property, house, residence, vehicle, pa20 pers, computer, other electronic communications or data 

21 storage devices or media, and effects to search at any 

22 time, with or without a warrant, by any law enforcement 

23 or probation officer with reasonable suspicion concerning 

24 a violation of a condition of supervised release or unlawful 
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1 conduct by the person, and by any probation officer in 

2 the lawful discharge of the officer’s supervision functions.’’

3 SEC. 508. KIDNAPPING PENALTIES AND JURISDICTION. 

4 Section 1201 of title 18, United States Code, is 

5 amended—

6 (1) in subsection (a)(1), by striking ‘‘if the per7 son was alive when the transportation began’’ and 

8 inserting ‘‘, or the offender travels in interstate or 

9 foreign commerce or uses the mail or any means, fa10 cility, or instrumentality of interstate or foreign 

11 commerce in committing or in furtherance of the 

12 commission of the offense’’; and 

13 (2) in subsection (b), by striking ‘‘to interstate’’ 

14 and inserting ‘‘in interstate’’. 

15 SEC. 509. MARITAL COMMUNICATION AND ADVERSE SPOUS16 AL PRIVILEGE. 

17 (a) IN GENERAL.—Chapter 119 of title 28, United 

18 States Code, is amended by inserting after section 1826 

19 the following: 

20 ‘‘§ 1826A. Marital communications and adverse spous21 al privilege 

22 ‘‘The confidential marital communication privilege 

23 and the adverse spousal privilege shall be inapplicable in 

24 any Federal proceeding in which a spouse is charged with 

25 a crime against—
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1 ‘‘(1) a child of either spouse; or 

2 ‘‘(2) a child under the custody or control of ei3 ther spouse.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENT.—

5 The table of sections for chapter 119 of title 28, United 

6 States Code, is amended by inserting after the item relat7 ing to section 1826 the following:

‘‘1826A. Marital communications and adverse spousal privilege.’’.

8 SEC. 510. ABUSE AND NEGLECT OF INDIAN CHILDREN. 

9 Section 1153(a) of title 18, United States Code, is 

10 amended by inserting ‘‘felony child abuse or neglect,’’ 

11 after ‘‘years,’’. 

12 SEC. 511. CIVIL COMMITMENT. 

13 Chapter 313 of title 18, United States Code, is 

14 amended—

15 (1) in the chapter analysis—

16 (A) in the item relating to section 4241, by 

17 inserting ‘‘or to undergo postrelease pro18 ceedings’’ after ‘‘trial’’; and 

19 (B) by inserting at the end the following:

‘‘4248. Civil commitment of a sexually dangerous person.’’;

20 (2) in section 4241—

21 (A) in the heading, by inserting ‘‘OR TO

22 UNDERGO POSTRELEASE PROCEEDINGS’’ 

23 after ‘‘TRIAL’’; 
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1 (B) in the first sentence of subsection (a), 

2 by inserting ‘‘or at any time after the com3 mencement of probation or supervised release 

4 and prior to the completion of the sentence,’’ 

5 after ‘‘defendant,’’; 

6 (C) in subsection (d)—

7 (i) by striking ‘‘trial to proceed’’ each 

8 place it appears and inserting ‘‘proceedings 

9 to go forward’’; and 

10 (ii) by striking ‘‘section 4246’’ and in11 serting ‘‘sections 4246 and 4248’’; and 

12 (D) in subsection (e)—

13 (i) by inserting ‘‘or other proceedings’’ 

14 after ‘‘trial’’; and 

15 (ii) by striking ‘‘chapter 207’’ and in16 serting ‘‘chapters 207 and 227’’; 

17 (3) in section 4247—

18 (A) by striking ‘‘, or 4246’’ each place it 

19 appears and inserting ‘‘, 4246, or 4248’’; 

20 (B) in subsections (g) and (i), by striking 

21 ‘‘4243 or 4246’’ each place it appears and in22 serting ‘‘4243, 4246, or 4248’’; 

23 (C) in subsection (a)—

24 (i) by amending subparagraph (1)(C) 

25 to read as follows: 
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1 ‘‘(C) drug, alcohol, and sex offender treatment pro2 grams, and other treatment programs that will assist the 

3 individual in overcoming a psychological or physical de4 pendence or any condition that makes the individual dan5 gerous to others; and’’; 

6 (ii) in paragraph (2), by striking 

7 ‘‘and’’ at the end; 

8 (iii) in paragraph (3), by striking the 

9 period at the end and inserting ‘‘; and’’; 

10 and 

11 (iv) by inserting at the end the fol12 lowing: 

13 ‘‘(4) ‘bodily injury’ includes sexual abuse; 

14 ‘‘(5) ‘sexually dangerous person’ means a per15 son who has engaged or attempted to engage in sex16 ually violent conduct or child molestation and who is 

17 sexually dangerous to others; and 

18 ‘‘(6) ‘sexually dangerous to others’ means that 

19 a person suffers from a serious mental illness, ab20 normality, or disorder as a result of which he would 

21 have serious difficulty in refraining from sexually 

22 violent conduct or child molestation if released.’’; 

23 (D) in subsection (b), by striking ‘‘4245 or 

24 4246’’ and inserting ‘‘4245, 4246, or 4248’’; 

25 and 
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1 (E) in subsection (c)(4)—

2 (i) by redesignating subparagraphs 

3 (D) and (E) as subparagraphs (E) and (F) 

4 respectively; and 

5 (ii) by inserting after subparagraph 

6 (C) the following: 

7 ‘‘(D) if the examination is ordered under 

8 section 4248, whether the person is a sexually 

9 dangerous person;’’; and 

10 (4) by inserting at the end the following: 

11 ‘‘§ 4248. Civil commitment of a sexually dangerous 

12 person 

13 ‘‘(a) INSTITUTION OF PROCEEDINGS.—In relation to 

14 a person who is in the custody of the Bureau of Prisons, 

15 or who has been committed to the custody of the Attorney 

16 General pursuant to section 4241(d), or against whom all 

17 criminal charges have been dismissed solely for reasons 

18 relating to the mental condition of the person, the Attor19 ney General or any individual authorized by the Attorney 

20 General or the Director of the Bureau of Prisons may cer21 tify that the person is a sexually dangerous person, and 

22 transmit the certificate to the clerk of the court for the 

23 district in which the person is confined. The clerk shall 

24 send a copy of the certificate to the person, and to the 

25 attorney for the Government, and, if the person was com-
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1 mitted pursuant to section 4241(d), to the clerk of the 

2 court that ordered the commitment. The court shall order 

3 a hearing to determine whether the person is a sexually 

4 dangerous person. A certificate filed under this subsection 

5 shall stay the release of the person pending completion of 

6 procedures contained in this section. 

7 ‘‘(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINA8 TION AND REPORT.—Prior to the date of the hearing, the 

9 court may order that a psychiatric or psychological exam10 ination of the defendant be conducted, and that a psy11 chiatric or psychological report be filed with the court, 

12 pursuant to the provisions of section 4247(b) and (c). 

13 ‘‘(c) HEARING.—The hearing shall be conducted pur14 suant to the provisions of section 4247(d). 

15 ‘‘(d) DETERMINATION AND DISPOSITION.—If, after 

16 the hearing, the court finds by clear and convincing evi17 dence that the person is a sexually dangerous person, the 

18 court shall commit the person to the custody of the Attor19 ney General. The Attorney General shall release the per20 son to the appropriate official of the State in which the 

21 person is domiciled or was tried if such State will assume 

22 responsibility for his custody, care, and treatment. The 

23 Attorney General shall make all reasonable efforts to 

24 cause such a State to assume such responsibility. If, not25 withstanding such efforts, neither such State will assume 
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1 such responsibility, the Attorney General shall place the 

2 person for treatment in a suitable facility, until—

3 ‘‘(1) such a State will assume such responsi4 bility; or 

5 ‘‘(2) the person’s condition is such that he is no 

6 longer sexually dangerous to others, or will not be 

7 sexually dangerous to others if released under a pre8 scribed regimen of medical, psychiatric, or psycho9 logical care or treatment; 

10 whichever is earlier. The Attorney General shall make all 

11 reasonable efforts to have a State to assume such respon12 sibility for the person’s custody, care, and treatment. 

13 ‘‘(e) DISCHARGE.—When the Director of the facility 

14 in which a person is placed pursuant to subsection (d) de15 termines that the person’s condition is such that he is no 

16 longer sexually dangerous to others, or will not be sexually 

17 dangerous to others if released under a prescribed regimen 

18 of medical, psychiatric, or psychological care or treatment, 

19 he shall promptly file a certificate to that effect with the 

20 clerk of the court that ordered the commitment. The clerk 

21 shall send a copy of the certificate to the person’s counsel 

22 and to the attorney for the Government. The court shall 

23 order the discharge of the person or, on motion of the at24 torney for the Government or on its own motion, shall hold 

25 a hearing, conducted pursuant to the provisions of section 
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1 4247(d), to determine whether he should be released. If, 

2 after the hearing, the court finds by a preponderance of 

3 the evidence that the person’s condition is such that—

4 ‘‘(1) he will not be sexually dangerous to others 

5 if released unconditionally, the court shall order that 

6 he be immediately discharged; or 

7 ‘‘(2) he will not be sexually dangerous to others 

8 if released under a prescribed regimen of medical, 

9 psychiatric, or psychological care or treatment, the 

10 court shall—

11 ‘‘(A) order that he be conditionally dis12 charged under a prescribed regimen of medical, 

13 psychiatric, or psychological care or treatment 

14 that has been prepared for him, that has been 

15 certified to the court as appropriate by the Di16 rector of the facility in which he is committed, 

17 and that has been found by the court to be ap18 propriate; and 

19 ‘‘(B) order, as an explicit condition of re20 lease, that he comply with the prescribed regi21 men of medical, psychiatric, or psychological 

22 care or treatment. 

23 The court at any time may, after a hearing employ24 ing the same criteria, modify or eliminate the regi-
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1 men of medical, psychiatric, or psychological care or 

2 treatment. 

3 ‘‘(f) REVOCATION OF CONDITIONAL DISCHARGE.—

4 The director of a facility responsible for administering a 

5 regimen imposed on a person conditionally discharged 

6 under subsection (e) shall notify the Attorney General and 

7 the court having jurisdiction over the person of any failure 

8 of the person to comply with the regimen. Upon such no9 tice, or upon other probable cause to believe that the per10 son has failed to comply with the prescribed regimen of 

11 medical, psychiatric, or psychological care or treatment, 

12 the person may be arrested, and, upon arrest, shall be 

13 taken without unnecessary delay before the court having 

14 jurisdiction over him. The court shall, after a hearing, de15 termine whether the person should be remanded to a suit16 able facility on the ground that he is sexually dangerous 

17 to others in light of his failure to comply with the pre18 scribed regimen of medical, psychiatric, or psychological 

19 care or treatment. 

20 ‘‘(g) RELEASE TO STATE OF CERTAIN OTHER PER21 SONS.—If the director of the facility in which a person 

22 is hospitalized or placed pursuant to this chapter certifies 

23 to the Attorney General that a person, against him all 

24 charges have been dismissed for reasons not related to the 

25 mental condition of the person, is a sexually dangerous 
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1 person, the Attorney General shall release the person to 

2 the appropriate official of the State in which the person 

3 is domiciled or was tried for the purpose of institution of 

4 State proceedings for civil commitment. If neither such 

5 State will assume such responsibility, the Attorney Gen6 eral shall release the person upon receipt of notice from 

7 the State that it will not assume such responsibility, but 

8 not later than 10 days after certification by the director 

9 of the facility.’’. 

10 SEC. 512. MANDATORY PENALTIES FOR SEX-TRAFFICKING 

11 OF CHILDREN. 

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

13 amended—

14 (1) in paragraph (1)—

15 (A) by striking ‘‘or imprisonment’’ and in16 serting ‘‘and imprisonment’’; 

17 (B) by inserting ‘‘not less than 20’’ after 

18 ‘‘any term of years’’; and 

19 (C) by striking ‘‘, or both’’; and 

20 (2) in paragraph (2)—

21 (A) by striking ‘‘or imprisonment for not’’ 

22 and inserting ‘‘and imprisonment for not less 

23 than 10 years nor’’; and 

24 (B) by striking ‘‘, or both’’. 
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1 SEC. 513. SEXUAL ABUSE OF WARDS. 

2 Chapter 109A of title 18, United States Code, is 

3 amended—

4 (1) in section 2243(b), by striking ‘‘one year’’ 

5 and inserting ‘‘five years’’; 

6 (2) in section 2244(a)(4), by striking ‘‘six 

7 months’’ and inserting ‘‘two years’’; 

8 (3) in section 2244(b), by striking ‘‘six months’’ 

9 and inserting ‘‘two years’’; and 

10 (4) by inserting after ‘‘Federal prison,’’ each 

11 place it appears , other than the second sentence of 

12 section 2241(c), the following: ‘‘, or being in the cus13 tody of the Attorney General or the Bureau of Pris14 ons or confined in any institution or facility by di15 rection of the Attorney General or the Bureau of 

16 Prisons,’’.

Æ