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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3132 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Children's Safety 
Act of 2005''.
    (b) Table of Contents.--

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. 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

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.

        TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT

SEC. 101. SHORT TITLE.

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

SEC. 102. DECLARATION OF PURPOSE.

    In response to the vicious attacks by violent sexual predators 
against the victims listed below, Congress in this Act establishes a 
comprehensive national system for the registration of sex offenders:
            (1) Jacob Wetterling, who was 11 years old, was abducted in 
        1989 in Minnesota, and remains missing.
            (2) Megan Nicole Kanka, who was 7 years old, was abducted, 
        sexually assaulted and murdered in 1994, in New Jersey.
            (3) Pam Lychner, who was 31 years old, was attacked by a 
        career offender in Houston, Texas.
            (4) Jetseta Gage, who was 10 years old, was kidnapped, 
        sexually assaulted, and murdered in 2005 in Cedar Rapids, Iowa.
            (5) Dru Sjodin, who was 22 years old, was sexually 
        assaulted and murdered in 2003, in North Dakota.
            (6) Jessica Lunsford, who was 9 years, was abducted, 
        sexually assaulted, buried alive, and murdered in 2005, in 
        Homosassa, Florida.
            (7) Sarah Lunde, who was 13 years old, was strangled and 
        murdered in 2005, in Ruskin, Florida.
            (8) Amie Zyla, who was 8 years old, was sexually assaulted 
        in 1996 by a juvenile offender in Waukesha, Wisconsin, and has 
        become an advocate for child victims and protection of children 
        from juvenile sex offenders.
            (9) Christy Ann Fornoff, who was 13 years old, was 
        abducted, sexually assaulted and murdered in 1984, in Tempe, 
        Arizona.
            (10) Alexandra Nicole Zapp, who was 30 years old, was 
        brutally attacked and murdered in a public restroom by a repeat 
        sex offender in 2002, in Bridgewater, Massachusetts.

Subtitle A--Jacob Wetterling Sex Offender Registration and Notification 
                                Program

SEC. 111. RELEVANT DEFINITIONS, INCLUDING AMIE ZYLA EXPANSION OF SEX 
              OFFENDER DEFINITION AND EXPANDED INCLUSION OF CHILD 
              PREDATORS.

    In this title the following definitions apply:
            (1) Sex offender registry.--The term ``sex offender 
        registry'' means a registry of sex offenders, and a 
        notification program, maintained by a jurisdiction.
            (2) Jurisdiction.--The term jurisdiction means any of the 
        following:
                    (A) A State.
                    (B) The District of Columbia.
                    (C) The Commonwealth of Puerto Rico.
                    (D) Guam.
                    (E) American 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.

SEC. 112. REGISTRY REQUIREMENTS FOR JURISDICTIONS.

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

SEC. 113. REGISTRY REQUIREMENTS FOR SEX OFFENDERS.

    (a) In General.--A sex offender must register, and keep the 
registration current, in each jurisdiction where the offender resides, 
where the offender is an employee, and where the offender is a student.
    (b) Initial Registration.--The sex offender shall initially 
register--
            (1) before completing a sentence of imprisonment with 
        respect to the offense giving rise to the registration 
        requirement; or
            (2) not later than 5 days after being sentenced for that 
        offense, if the sex offender is not sentenced to a term of 
        imprisonment.
    (c) Keeping the Registration Current.--A sex offender must inform 
each jurisdiction involved, not later than 5 days after each change of 
residence, employment, or student status.
    (d) Retroactive Duty to Register.--The Attorney General shall 
prescribe a method for the registration of sex offenders convicted 
before the enactment of this Act.
    (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.

SEC. 114. INFORMATION REQUIRED IN REGISTRATION.

    (a) Provided by the Offender.--The sex offender must provide the 
following information to the appropriate official for inclusion in the 
sex offender registry:
            (1) The name of the sex offender (including any alias used 
        by the individual).
            (2) The Social Security number of the sex offender.
            (3) The address and location of the residence at which the 
        sex offender resides or will reside.
            (4) The place where the sex offender is employed or will be 
        employed.
            (5) The place where the sex offender is a student or will 
        be a student.
            (6) The license plate number 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.

SEC. 115. DURATION OF REGISTRATION REQUIREMENT.

    A sex offender shall keep the registration current--
            (1) for the life of the sex offender, if the offense is a 
        specified offense against a minor, a serious sex offense, or a 
        second misdemeanor sex offense against a minor; and
            (2) for a period of 20 years, in any other case.

SEC. 116. IN PERSON VERIFICATION.

    A sex offender shall appear in person and verify the information in 
each registry in which that offender is required to be registered not 
less frequently than once every six months.

SEC. 117. DUTY TO NOTIFY SEX OFFENDERS OF REGISTRATION REQUIREMENTS AND 
              TO REGISTER.

    An appropriate official shall, shortly before release from custody 
of the sex offender, or, if the sex offender is not in custody, 
immediately after the sentencing of the sex offender, for the offense 
giving rise to the duty to register--
            (1) inform the sex offender of the duty to register and 
        explain that duty;
            (2) require the sex offender to read and sign a form 
        stating that the duty to register has been explained and that 
        the sex offender understands the registration requirement; and
            (3) ensure that the sex offender is registered.

SEC. 118. JESSICA LUNSFORD ADDRESS VERIFICATION PROGRAM.

    (a) Establishment.--There is established the Jessica Lunsford 
Address Verification Program (hereinafter in this section referred to 
as the ``Program'').
    (b) Verification.--In the Program, an appropriate official shall 
verify the residence of each registered sex offender not less than 
monthly or, in the case of a sex offender required to register because 
of a misdemeanor sex offense against a minor, not less than quarterly.
    (c) Use of Mailed Form Authorized.--Such verification may be 
achieved by mailing a nonforwardable verification form to the last 
known address of the sex offender. The date of the mailing may be 
selected at random. The sex offender must return the form, including a 
notarized signature, within a set period of time. A failure to return 
the form as required may be a failure to register for the purposes of 
this title.

SEC. 119. NATIONAL SEX OFFENDER REGISTRY.

    The Attorney General shall maintain a national database at the 
Federal Bureau of Investigation for each sex offender and other person 
required to register in a jurisdiction's sex offender registry. The 
database shall be known as the National Sex Offender Registry.

SEC. 120. DRU SJODIN NATIONAL SEX OFFENDER PUBLIC WEBSITE.

    (a) Establishment.--There is established the Dru Sjodin National 
Sex Offender Public Website (hereinafter referred to as the 
``Website'').
    (b) Information to Be Provided.--The Attorney General shall 
maintain the Website as a site on the Internet which allows the public 
to obtain relevant information for each sex offender by a single query 
in a form established by the Attorney General.
    (c) Electronic Forwarding.--The Attorney General shall ensure 
(through the National Sex Offender Registry or otherwise) that updated 
information about a sex offender is immediately transmitted by 
electronic forwarding to all relevant jurisdictions, unless the 
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.

SEC. 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.

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

    (a) Establishment of Program.--There is established the Megan 
Nicole Kanka and Alexandra Nicole Zapp Community Program (hereinafter 
in this section referred to as the ``Program'').
    (b) Notification.--In the Program, as soon as possible, and in any 
case not later than 5 days after a sex offender registers or updates a 
registration, an appropriate official in the jurisdiction shall provide 
the information in the registry (other than information exempted from 
disclosure by the Attorney General) about that offender to the 
following:
            (1) The Attorney General, who shall include that 
        information in the National Sex Offender Registry.
            (2) Appropriate law enforcement agencies (including 
        probation agencies, if appropriate), and each school and public 
        housing agency, in each area in which the individual resides, 
        is employed, or is a student.
            (3) Each jurisdiction from or to which a change of 
        residence, work, or student status occurs.
            (4) Any agency responsible for conducting employment-
        related background checks under section 3 of the National Child 
        Protection Act of 1993 (42 U.S.C. 5119a).
            (5) Social service entities responsible for protecting 
        minors in the child welfare system.
            (6) Volunteer organizations in which contact with minors or 
        other vulnerable individuals might occur.

SEC. 123. ACTIONS TO BE TAKEN WHEN SEX OFFENDER FAILS TO COMPLY.

    An appropriate official shall notify the Attorney General and 
appropriate State and local law enforcement agencies of any failure by 
a sex offender to comply with the requirements of a registry. The 
appropriate official, the Attorney General, and each such State and 
local law enforcment agency shall take any appropriate action to ensure 
compliance.

SEC. 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.

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

     The Attorney General shall develop and support software for use to 
establish, maintain, publish, and share sex offender registries.

SEC. 126. FEDERAL DUTY WHEN STATE PROGRAMS NOT MINIMALLY SUFFICIENT.

    If the Attorney General determines that a jurisdiction does not 
have a minimally sufficient sex offender registration program, the 
Department of Justice shall, to the extent practicable, carry out the 
duties imposed on that jurisdiction by this title.

SEC. 127. PERIOD FOR IMPLEMENTATION BY JURISDICTIONS.

    Each jurisdiction shall implement this title not later than 2 years 
after the date of the enactment of this Act. However, the Attorney 
General may authorize a one-year extension of the deadline.

SEC. 128. FAILURE TO COMPLY.

    (a) In General.--For any fiscal year after the end of the period 
for implementation, a jurisdiction that fails to implement this title 
shall not receive 10 percent of the funds that would otherwise be 
allocated for that fiscal year to the jurisdiction under each of the 
following programs:
            (1) Byrne.--Subpart 1 of part E of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et 
        seq.), whether characterized as the Edward Byrne Memorial State 
        and Local Law Enforcement Assistance Programs, the Edward Byrne 
        Memorial Justice Assistance Grant Program, or otherwise.
            (2) LLEBG.--The Local Government Law Enforcement Block 
        Grants program.
    (b) Reallocation.--Amounts not allocated under a program referred 
to in paragraph (1) to a jurisdiction for failure to fully implement 
this title shall be reallocated under that program to jurisdictions 
that have not failed to implement this title.

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

    (a) In General.--The Attorney General shall establish and implement 
a Sex Offender Management Assistance program (in this title referred to 
as the ``SOMA program'') under which the Attorney General may award a 
grant to a jurisdiction to offset the costs of implementing this title.
    (b) Application.--The chief executive of a jurisdiction shall, on 
an annual basis, submit to the Attorney General an application in such 
form and containing such information as the Attorney General may 
require.
    (c) Bonus Payments for Prompt Compliance.--A jurisdiction that, as 
determined by the Attorney General, has implemented this title not 
later than two years after the date of the enactment of this Act is 
eligible for a bonus payment. Such payment shall be made under the SOMA 
program for the first fiscal year beginning after that determination. 
The amount of the payment shall be--
            (1) 10 percent of the total received by the jurisdiction 
        under the SOMA program for the preceding fiscal year, if 
        implementation is not later than one year after the date of 
        enactment of this Act; and
            (2) 5 percent of such total, if not later than two years 
        after that date.
    (d) Authorization of Appropriations.--In addition to any amounts 
otherwise authorized to be appropriated, there are authorized to be 
appropriated such sums as may be necessary to the Attorney General, to 
be available only for the SOMA program, for fiscal years 2006 through 
2008.

SEC. 130. DEMONSTRATION PROJECT FOR USE OF ELECTRONIC MONITORING 
              DEVICES.

    (a) Project Required.--The Attorney General shall carry out a 
demonstration project under which the Attorney General makes grants to 
jurisdictions to demonstrate the extent to which electronic monitoring 
devices can be used effectively in a sex offender management program.
    (b) Use of Funds.--The jurisdiction may use grant amounts under 
this section directly, or through arrangements with public or private 
entities, to carry out programs under which the whereabouts of sex 
offenders are monitored by electronic monitoring devices.
    (c) Participants.--Not more than 10 jurisdictions may participate 
in the demonstration project at any one time.
    (d) Factors.--In selecting jurisdictions to participate in the 
demonstration project, the Attorney General shall consider the 
following factors:
            (1) The total number of sex offenders in the jurisdiction.
            (2) The percentage of those sex offenders who fail to 
        comply with registration requirements.
            (3) The threat to public safety posed by those sex 
        offenders who fail to comply with registration requirements.
            (4) Any other factor the Attorney General considers 
        appropriate.
    (e) Duration.--The Attorney General shall carry out the 
demonstration project for fiscal years 2007, 2008, and 2009.
    (f) 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.

SEC. 131. NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN ACCESS TO 
              INTERSTATE IDENTIFICATION INDEX.

    (a) In General.--Notwithstanding any other provision of law, the 
Attorney General shall ensure that the National Center for Missing and 
Exploited Children has access to the Interstate Identification Index, 
to be used by the Center only within the scope of its duties and 
responsibilities under Federal law. The access provided under this 
section shall be authorized only to personnel of the Center that have 
met all the requirements for access, including training, certification, 
and background screening.
    (b) Immunity.--Personnel of the Center shall not be civilly or 
criminally liable for any use or misuse of information in the 
Interstate Identification Index if in good faith.

SEC. 132. 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.''.

   Subtitle B--Criminal Law Enforcement of Registration Requirements

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

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

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

``2250. Failure to register.
``Sec. 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. Sexual offender and crimes against children registry    2250''.
    (c) False Statement Offense.--Section 1001(a) of title 18, United 
States Code, is amended by adding at the end the following: ``If the 
matter relates to an offense under chapter 109A, 109B, 110, or 117, 
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), 2242(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.

SEC. 152. INVESTIGATION BY UNITED STATES MARSHALS OF SEX OFFENDER 
              VIOLATIONS OF REGISTRATION REQUIREMENTS.

    (a) In General.--The Attorney General shall use the authority 
provided in section 566(e)(1)(B) of title 28, United States Code, to 
assist States and other jurisdictions in locating and apprehending sex 
offenders who violate sex offender registration requirements.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for fiscal years 2006 
through 2008 to implement this section.

SEC. 153. SEX OFFENDER APPREHENSION GRANTS.

    Title I of the Omnibus Crime Control and Safe Streets Act of 1968 
is amended by adding at the end the following new part:

              ``PART JJ--SEX OFFENDER APPREHENSION GRANTS

``SEC. 3011. AUTHORITY TO MAKE SEX OFFENDER APPREHENSION GRANTS.

    ``(a) In General.--From amounts made available to carry out this 
part, the Attorney General may make grants to States, units of local 
government, Indian tribal governments, other public and private 
entities, and multi-jurisdictional or regional consortia thereof for 
activities specified in subsection (b).
    ``(b) Covered Activities.--An activity referred to in subsection 
(a) is any program, project, or other activity to assist a State in 
enforcing sex offender registration requirements.

``SEC. 3012. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated such sums as may be 
necessary for fiscal years 2006 through 2008 to carry out this part.''.

SEC. 154. USE OF ANY CONTROLLED SUBSTANCE TO FACILITATE SEX OFFENSE.

    (a) Increased Punishment.--Chapter 109A of title 18, United States 
Code, is amended by adding at the end the following:
``Sec. 2249. Use of any controlled substance to facilitate sex offense
    ``(a) Whoever, knowingly uses a controlled substance to 
substantially impair the ability of a person to appraise or control 
conduct, in order to commit a sex offense, other than an offense where 
such use is an element of the offense, shall, in addition to the 
punishment provided for the sex offense, be imprisoned for any term of 
years not less than 10, or for life.
    ``(b) As used in this section, the term `sex offense' means an 
offense under this chapter other than an offense under this section.''.
    (b) Amendment to Table.--The table of sections at the beginning of 
chapter 109A of title 18, United States Code, is amended by adding at 
the end the following new item:

``2249. Use of any controlled substance to facilitate sex offense.''.

SEC. 155. REPEAL OF PREDECESSOR SEX OFFENDER PROGRAM.

    Sections 170101 (42 U.S.C. 14071) and 170102 (42 U.S.C. 14072) of 
the Violent Crime Control and Law Enforcement Act of 1994, and section 
8 of the Pam Lychner Sexual Offender Tracking and Identification Act of 
1996 (42 U.S.C. 14073), are repealed.

                      TITLE II--DNA FINGERPRINTING

SEC. 201. SHORT TITLE.

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

SEC. 202. EXPANDING USE OF DNA TO IDENTIFY AND PROSECUTE SEX OFFENDERS.

    (a) Expansion of National DNA Index System.--Section 210304 of the 
DNA Identification Act of 1994 (42 U.S.C. 14132) is amended--
            (1) in subsection (a)(1)(C), by striking ``, provided'' and 
        all that follows through ``System''; and
            (2) by striking subsections (d) and (e).
    (b) DNA Sample Collection From Persons Arrested or Detained Under 
Federal Authority.--
            (1) In general.--Section 3 of the DNA Analysis Backlog 
        Elimination Act of 2000 (42 U.S.C. 14135a) is amended
                    (A) in subsection (a)--
                            (i) in paragraph (1), by striking ``The 
                        Director'' and inserting the following:
                    ``(A) The Attorney General may, as provided by the 
                Attorney General by regulation, collect DNA samples 
                from individuals who are arrested or detained under the 
                authority of the United States. The Attorney General 
                may delegate this function within the Department of 
                Justice as provided in section 510 of title 28, United 
                States Code, and may also authorize and direct any 
                other agency of the United States that arrests or 
                detains individuals or supervises individuals facing 
                charges to carry out any function and exercise any 
                power of the Attorney General under this section.
                    ``(B) The Director''; and
                            (ii) in paragraphs (3) and (4), by striking 
                        ``Director of the Bureau of Prisons'' each 
                        place it appears and inserting ``Attorney 
                        General, the Director of the Bureau of 
                        Prisons,''; and
                    (B) in subsection (b), by striking ``Director of 
                the Bureau of Prisons'' and inserting ``Attorney 
                General, the Director of the Bureau of Prisons,''.
            (2) Conforming amendment.--Subsections (b) and (c)(1)(A) of 
        section 3142 of title 18, United States Code, are each amended 
        by inserting ``and subject to the condition that the person 
        cooperate in the collection of a DNA sample from the person if 
        the collection of such a sample is authorized pursuant to 
        section 3 of the DNA Analysis Backlog Elimination Act of 2000 
        (42 U.S.C. 14135a)'' after ``period of release''.
    (c) Tolling of Statute of Limitations in Sexual Abuse Cases.--
Section 3297 of title 18, United States Code, is amended by striking 
``except for a felony offense under chapter 109A,''.

SEC. 203. STOPPING VIOLENT PREDATORS AGAINST CHILDREN.

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

SEC. 204. MODEL CODE ON INVESTIGATING MISSING PERSONS AND DEATHS.

    (a) Model Code Required.--Not later than 60 days after the date of 
the enactment of this Act, the Attorney General shall publish a model 
code setting forth procedures to be followed by law enforcement 
officers when investigating a missing person or a death. The procedures 
shall include the use of DNA analysis to help locate missing persons 
and to help identify human remains.
    (b) Sense of Congress.--It is the sense of Congress that each State 
should, not later than 1 year after the date on which the Attorney 
General publishes the model code, enact laws implementing the model 
code.
    (c) GAO Study.--Not later than 2 years after the date on which the 
Attorney General publishes the model code, the Comptroller General 
shall submit to Congress a report on the extent to which States have 
implemented the model code. The report shall, for each State--
            (1) describe the extent to which the State has implemented 
        the model code; and
            (2) to the extent the State has not implemented the model 
        code, describe the reasons why the State has not done so.

TITLE III--PREVENTION AND DETERRENCE OF CRIMES AGAINST CHILDREN ACT OF 
                                  2005

SEC. 301. SHORT TITLE.

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

SEC. 302. ASSURED PUNISHMENT FOR VIOLENT CRIMES AGAINST CHILDREN.

    (a) Special Sentencing Rule.--Subsection (d) of section 3559 of 
title 18, United States Code, is amended to read as follows:
    ``(d) Mandatory Minimum Terms of Imprisonment for Violent Crimes 
Against Children.--A person who is convicted of a felony crime of 
violence against the person of an individual who has not attained the 
age of 18 years shall, unless a greater mandatory minimum sentence of 
imprisonment is otherwise provided by law and regardless of any maximum 
term of imprisonment otherwise provided for the offense--
            ``(1) if the crime of violence results in the death of a 
        person who has not attained the age of 18 years, be sentenced 
        to death or life in prison;
            ``(2) if the crime of violence is kidnapping, aggravated 
        sexual abuse, sexual abuse, or maiming, or results in serious 
        bodily injury (as defined in section 2119(2)) be imprisoned for 
        life or any term of years not less than 30;
            ``(3) if the crime of violence results in bodily injury (as 
        defined in section 1365) or is an offense under paragraphs (1), 
        (2), or (5) of section 2244(a), be imprisoned for life or for 
        any term of years not less than 20;
            ``(4) if a dangerous weapon was used during and in relation 
        to the crime of violence, be imprisoned for life or for any 
        term of years not less than 15; and
            ``(5) in any other case, be imprisoned for life or for any 
        term of years not less than 10.''.

SEC. 303. ENSURING FAIR AND EXPEDITIOUS FEDERAL COLLATERAL REVIEW OF 
              CONVICTIONS FOR KILLING A CHILD.

    (a) Limits on Cases.--Section 2254 of title 28, United States Code, 
is amended by adding at the end the following:
    ``(j)(1) A court, justice, or judge shall not have jurisdiction to 
consider any claim relating to the judgment or sentence in an 
application described under paragraph (2), unless the applicant shows 
that the claim qualifies for consideration on the grounds described in 
subsection (e)(2). Any such application that is presented to a court, 
justice, or judge other than a district court shall be transferred to 
the appropriate district court for consideration or dismissal in 
conformity with this subsection, except that a court of appeals panel 
must authorize any second or successive application in conformity with 
section 2244 before any consideration by the district court.
    ``(2) This subsection applies to an application for a writ of 
habeas corpus on behalf of a person in custody pursuant to the judgment 
of a State court for a crime that involved the killing of a individual 
who has not attained the age of 18 years.
    ``(3) For an application described in paragraph (2), the following 
requirements shall apply in the district court:
            ``(A) Any motion by either party for an evidentiary hearing 
        shall be filed and served not later than 90 days after the 
        State files its answer or, if no timely answer is filed, the 
        date on which such answer is due.
            ``(B) Any motion for an evidentiary hearing shall be 
        granted or denied not later than 30 days after the date on 
        which the party opposing such motion files a pleading in 
        opposition to such motion or, if no timely pleading in 
        opposition is filed, the date on which such pleading in 
        opposition is due.
            ``(C) Any evidentiary hearing shall be--
                    ``(i) convened not less than 60 days after the 
                order granting such hearing; and
                    ``(ii) completed not more than 150 days after the 
                order granting such hearing.
            ``(D) A district court shall enter a final order, granting 
        or denying the application for a writ of habeas corpus, not 
        later than 15 months after the date on which the State files 
        its answer or, if no timely answer is filed, the date on which 
        such answer is due, or not later than 60 days after the case is 
        submitted for decision, whichever is earlier.
            ``(E) If the district court fails to comply with the 
        requirements of this paragraph, the State may petition the 
        court of appeals for a writ of mandamus to enforce the 
        requirements. The court of appeals shall grant or deny the 
        petition for a writ of mandamus not later than 30 days after 
        such petition is filed with the court.
    ``(4) For an application described in paragraph (2), the following 
requirements shall apply in the court of appeals:
            ``(A) A timely filed notice of appeal from an order issuing 
        a writ of habeas corpus shall operate as a stay of that order 
        pending final disposition of the appeal.
            ``(B) The court of appeals shall decide the appeal from an 
        order granting or denying a writ of habeas corpus--
                    ``(i) not later than 120 days after the date on 
                which the brief of the appellee is filed or, if no 
                timely brief is filed, the date on which such brief is 
                due; or
                    ``(ii) if a cross-appeal is filed, not later than 
                120 days after the date on which the appellant files a 
                brief in response to the issues presented by the cross-
                appeal or, if no timely brief is filed, the date on 
                which such brief is due.
            ``(C)(i) Following a decision by a panel of the court of 
        appeals under subparagraph (B), a petition for panel rehearing 
        is not allowed, but rehearing by the court of appeals en banc 
        may be requested. The court of appeals shall decide whether to 
        grant a petition for rehearing en banc not later than 30 days 
        after the date on which the petition is filed, unless a 
        response is required, in which case the court shall decide 
        whether to grant the petition not later than 30 days after the 
        date on which the response is filed or, if no timely response 
        is filed, the date on which the response is due.
            ``(ii) If rehearing en banc is granted, the court of 
        appeals shall make a final determination of the appeal not 
        later than 120 days after the date on which the order granting 
        rehearing en banc is entered.
            ``(D) If the court of appeals fails to comply with the 
        requirements of this paragraph, the State may petition the 
        Supreme Court or a justice thereof for a writ of mandamus to 
        enforce the requirements.
    ``(5)(A) The time limitations under paragraphs (3) and (4) shall 
apply to an initial application described in paragraph (2), any second 
or successive application described in paragraph (2), and any 
redetermination of an application described in paragraph (2) or related 
appeal following a remand by the court of appeals or the Supreme Court 
for further proceedings.
    ``(B) In proceedings following remand in the district court, time 
limits running from the time the State files its answer under paragraph 
(3) shall run from the date the remand is ordered if further briefing 
is not required in the district court. If there is further briefing 
following remand in the district court, such time limits shall run from 
the date on which a responsive brief is filed or, if no timely 
responsive brief is filed, the date on which such brief is due.
    ``(C) In proceedings following remand in the court of appeals, the 
time limit specified in paragraph (4)(B) shall run from the date the 
remand is ordered if further briefing is not required in the court of 
appeals. If there is further briefing in the court of appeals, the time 
limit specified in paragraph (4)(B) shall run from the date on which a 
responsive brief is filed or, if no timely responsive brief is filed, 
from the date on which such brief is due.
    ``(6) The failure of a court to meet or comply with a time 
limitation under this subsection shall not be a ground for granting 
relief from a judgment of conviction or sentence, nor shall the time 
limitations under this subsection be construed to entitle a capital 
applicant to a stay of execution, to which the applicant would 
otherwise not be entitled, for the purpose of litigating any 
application or appeal.''.
    (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.

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

SEC. 401. SHORT TITLE.

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

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

    (a) Sexual Abuse and Contact.--
            (1) Aggravated sexual abuse of children.--Section 2241(c) 
        of title 18, United States Code, is amended by striking ``, 
        imprisoned for any term of years or life, or both.'' and 
        inserting ``and imprisoned for not less than 30 years or for 
        life.''.
            (2) Abusive sexual contact with children.--Section 2244 of 
        chapter 109A of title 18, United States Code, is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by inserting 
                        ``subsection (a) or (b) of'' before ``section 
                        2241'';
                            (ii) by striking ``or'' at the end of 
                        paragraph (3);
                            (iii) by striking the period at the end of 
                        paragraph (4) and inserting ``; or''; and
                            (iv) by inserting after paragraph (4) the 
                        following:
            ``(5) subsection (c) of section 2241 of this title had the 
        sexual contact been a sexual act, shall be fined under this 
        title and imprisoned for not less than 10 years and not more 
        than 25 years;''; and
                    (B) in subsection (c), by inserting ``(other than 
                subsection (a)(5))'' after ``violates this section''.
            (3) Sexual abuse of children resulting in death.--Section 
        2245 of title 18, United States Code, is amended--
                    (A) by inserting ``, chapter 110, chapter 117, or 
                section 1591'' after ``this chapter'';
                    (B) by striking ``A person'' and inserting ``(a) In 
                General.--A person''; and
                    (C) by adding at the end the following:
    ``(b) Offenses Involving Young Children.--A person who, in the 
course of an offense under this chapter, chapter 110, chapter 117, or 
section 1591 engages in conduct that results in the death of a person 
who has not attained the age of 12 years, shall be punished by death or 
imprisoned for not less than 30 years or for life.''.
            (4) Death penalty aggravating factor.--Section 3592(c)(1) 
        of title 18, United States Code, is amended by inserting 
        ``section 2245 (sexual abuse resulting in death),'' after 
        ``(wrecking trains),''.
    (b) Sexual Exploitation and Other Abuse of Children.--
            (1) Sexual exploitation of children.--Section 2251(e) of 
        title 18, United States Code, is amended--
                    (A) by striking ``15 years nor more than 30 years'' 
                and inserting ``25 years or for life'';
                    (B) by inserting ``section 1591,'' after ``this 
                chapter,'' the first place it appears;
                    (C) by striking ``the sexual exploitation of 
                children'' the first place it appears and inserting 
                ``aggravated sexual abuse, sexual abuse, abusive sexual 
                contact involving a minor or ward, or sex trafficking 
                of children, or the production, possession, receipt, 
                mailing, sale, distribution, shipment, or 
                transportation of child pornography'';
                    (D) by striking ``not less than 25 years nor more 
                than 50 years, but if such person has 2 or more prior 
                convictions under this chapter, chapter 71, chapter 
                109A, or chapter 117, or under section 920 of title 10 
                (article 120 of the Uniform Code of Military Justice), 
                or under the laws of any State relating to the sexual 
                exploitation of children, such person shall be fined 
                under this title and imprisoned not less than 35 years 
                nor more than life.'' and inserting ``life.''; and
                    (E) by striking ``any term of years or for life'' 
                and inserting ``not less than 30 years or for life.''.
            (2) Activities relating to material involving the sexual 
        exploitation of children.--Section 2252(b) of title 18, United 
        States Code, is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``paragraphs (1)'' and 
                        inserting ``paragraph (1)'';
                            (ii) by inserting ``section 1591,'' after 
                        ``this chapter,'';
                            (iii) by inserting ``, or sex trafficking 
                        of children'' after ``pornography'';
                            (iv) by striking ``5 years and not more 
                        than 20 years'' and inserting ``25 years or for 
                        life''; and
                            (v) by striking ``not less than 15 years 
                        nor more than 40 years.'' and inserting 
                        ``life.''; and
                    (B) in paragraph (2)--
                            (i) by striking ``or imprisoned for 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,'' the first place it appears;
                            (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)''.

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

SEC. 501. SHORT TITLE.

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

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

    (a) Requirement to Complete Background Checks Before Approval of 
Any Foster or Adoptive Placement and to Check National Crime 
Information Databases and State Child Abuse Registries; Suspension of 
Opt-Out.--
            (1) Requirement to check national crime information 
        databases and state child abuse registries.--Section 471(a)(20) 
        of the Social Security Act (42 U.S.C. 671(a)(20)) is amended--
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i)--
                                    (I) by inserting ``, including 
                                checks of national crime information 
                                databases (as defined in section 
                                534(e)(3)(A) of title 28, United States 
                                Code),'' after ``criminal records 
                                checks''; and
                                    (II) by striking ``on whose behalf 
                                foster care maintenance payments or 
                                adoption assistance payments are to be 
                                made'' and inserting ``regardless of 
                                whether foster care maintenance 
                                payments or adoption assistance 
                                payments are to be made on behalf of 
                                the child''; and
                            (ii) in each of clauses (i) and (ii), by 
                        inserting ``involving a child on whose behalf 
                        such payments are to be so made'' after ``in 
                        any case''; and
                    (B) by adding ``and'' at the end of subparagraph 
                (B); and
                    (C) 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)--
                    (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
                    (B) by adding ``and'' at the end of clause (ii); 
                and
            (2) by striking subparagraph (B) and redesignating 
        subparagraph (C) as subparagraph (B).
    (c) Effective Date.--
            (1) In general.--The amendments made by subsection (a) 
        shall take effect on October 1, 2005, and shall apply with 
        respect to payments under part E of title IV of the Social 
        Security Act for calendar quarters beginning on or after such 
        date, without regard to whether regulations to implement the 
        amendments are promulgated by such date.
            (2) Elimination of opt-out.--The amendments made by 
        subsection (b) shall take effect on October 1, 2007, and shall 
        apply with respect to payments under part E of title IV of the 
        Social Security Act for calendar quarters beginning on or after 
        such date, without regard to whether regulations to implement 
        the amendments are promulgated by such date.
            (3) Delay permitted if state legislation required.--If the 
        Secretary of Health and Human Services determines that State 
        legislation (other than legislation appropriating funds) is 
        required in order for a State plan under section 471 of the 
        Social Security Act to meet the additional requirements imposed 
        by the amendments made by a subsection of this section, the 
        plan shall not be regarded as failing to meet any of the 
        additional requirements before the first day of the first 
        calendar quarter beginning after the first regular session of 
        the State legislature that begins after the otherwise 
        applicable effective date of the amendments. If the State has a 
        2-year legislative session, each year of the session is deemed 
        to be a separate regular session of the State legislature.

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

    (a) In General.--The Attorney General 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.

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

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

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

    Section 2423 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``5 years and not more 
        than 30 years'' and inserting ``30 years or for life'';
            (2) in subsection (b), by striking ``or imprisoned not more 
        than 30 years, or both'' and inserting ``and imprisoned for not 
        less than 10 years and not more than 30 years'';
            (3) in subsection (c), by striking ``or imprisoned not more 
        than 30 years, or both'' and inserting ``and imprisoned for not 
        less than 10 years and not more than 30 years''; and
            (4) in subsection (d), by striking ``imprisoned not more 
        than 30 years, or both'' and inserting ``and imprisoned for not 
        less than 10 nor more than 30 years''.

SEC. 506. PENALTIES FOR SEXUAL ABUSE.

    (a) Aggravated Sexual Abuse.--Section 2241 of title 18, United 
States Code, is amended--
            (1) in subsection (a), by striking ``, imprisoned for any 
        term of years or life, or both'' and inserting ``and imprisoned 
        for any term of years not less than 30 or for life''; and
            (2) in subsection (b), by striking ``, imprisoned for any 
        term of years or life, or both'' and inserting ``and imprisoned 
        for any term of years not less than 25 or for life''.
    (b) Sexual Abuse.--Section 2242 of title 18, United States Code, is 
amended by striking ``, imprisoned not more than 20 years, or both'' 
and inserting ``and imprisoned not less than 15 years nor more than 40 
years''.
    (c) Abusive Sexual Contact.--Section 2244(a) of title 18, United 
States Code, is amended--
            (1) in paragraph (2), by striking ``, imprisoned not more 
        than three years, or both'' and inserting ``and imprisoned not 
        less than 5 years nor more than 30 years'';
            (2) in paragraph (3), by striking ``, imprisoned not more 
        than two years, or both'' and inserting ``and imprisoned not 
        less than 4 years nor more than 20 years''; and
            (3) in paragraph (4), by striking ``, imprisoned not more 
        than six months, or both'' and inserting ``and imprisoned not 
        less than 2 years nor more than 10 years''.

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

    (a) Conditions of Probation.--Section 3563(a) of title 18, United 
States Code, is amended----
            (1) in paragraph (8), by striking ``and'' at the end;
            (2) in paragraph (9), by striking the period and inserting 
        ``; and''; and
            (3) 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 inserting after ``1994).'' the following: ``The 
court shall order, as an explicit condition of supervised release for a 
person who is a felon or required to register under the Sex Offender 
Registration and Notification Act, that the person submit his person, 
and any property, house, residence, vehicle, papers, computer, other 
electronic communications or data storage devices or media, and effects 
to search at any time, with or without a warrant, by any law 
enforcement or probation officer with reasonable suspicion concerning a 
violation of a condition of supervised release or unlawful conduct by 
the person, and by any probation officer in the lawful discharge of the 
officer's supervision functions.''

SEC. 508. KIDNAPPING PENALTIES AND JURISDICTION.

    Section 1201 of title 18, United States Code, is amended--
            (1) in subsection (a)(1), by striking ``if the person was 
        alive when the transportation began'' and inserting ``, or the 
        offender travels in interstate or foreign commerce or uses the 
        mail or any means, facility, or instrumentality of interstate 
        or foreign commerce in committing or in furtherance of the 
        commission of the offense''; and
            (2) in subsection (b), by striking ``to interstate'' and 
        inserting ``in interstate''.

SEC. 509. MARITAL COMMUNICATION AND ADVERSE SPOUSAL PRIVILEGE.

    (a) In General.--Chapter 119 of title 28, United States Code, is 
amended by inserting after section 1826 the following:
``Sec. 1826A. Marital communications and adverse spousal privilege
    ``The confidential marital communication privilege and the adverse 
spousal privilege shall be inapplicable in any Federal proceeding in 
which a spouse is charged with a crime against--
            ``(1) a child of either spouse; or
            ``(2) a child under the custody or control of either 
        spouse.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 119 of title 28, United States Code, is amended by inserting 
after the item relating to section 1826 the following:

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

SEC. 510. ABUSE AND NEGLECT OF INDIAN CHILDREN.

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

SEC. 511. CIVIL COMMITMENT.

    Chapter 313 of title 18, United States Code, is amended--
            (1) in the chapter analysis--
                    (A) in the item relating to section 4241, by 
                inserting ``or to undergo postrelease proceedings'' 
                after ``trial''; and
                    (B) by inserting at the end the following:

``4248. Civil commitment of a sexually dangerous person.'';
            (2) in section 4241--
                    (A) in the heading, by inserting ``or to undergo 
                postrelease proceedings'' after ``trial'';
                    (B) in the first sentence of subsection (a), by 
                inserting ``or at any time after the commencement of 
                probation or supervised release and prior to the 
                completion of the sentence,'' after ``defendant,'';
                    (C) in subsection (d)--
                            (i) by striking ``trial to proceed'' each 
                        place it appears and inserting ``proceedings to 
                        go forward''; and
                            (ii) by striking ``section 4246'' and 
                        inserting ``sections 4246 and 4248''; and
                    (D) in subsection (e)--
                            (i) by inserting ``or other proceedings'' 
                        after ``trial''; and
                            (ii) by striking ``chapter 207'' and 
                        inserting ``chapters 207 and 227'';
            (3) in section 4247--
                    (A) by striking ``, or 4246'' each place it appears 
                and inserting ``, 4246, or 4248'';
                    (B) in subsections (g) and (i), by striking ``4243 
                or 4246'' each place it appears and inserting ``4243, 
                4246, or 4248'';
                    (C) in subsection (a)--
                            (i) by amending subparagraph (1)(C) to read 
                        as follows:
    ``(C) drug, alcohol, and sex offender treatment programs, and other 
treatment programs that will assist the individual in overcoming a 
psychological or physical dependence or any condition that makes the 
individual dangerous to others; and'';
                            (ii) in paragraph (2), by striking ``and'' 
                        at the end;
                            (iii) in paragraph (3), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by inserting at the end the following:
            ``(4) `bodily injury' includes sexual abuse;
            ``(5) `sexually dangerous person' means a person who has 
        engaged or attempted to engage in sexually violent conduct or 
        child molestation and who is sexually dangerous to others; and
            ``(6) `sexually dangerous to others' means that a person 
        suffers from a serious mental illness, abnormality, or disorder 
        as a result of which he would have serious difficulty in 
        refraining from sexually violent conduct or child molestation 
        if released.'';
                    (D) in subsection (b), by striking ``4245 or 4246'' 
                and inserting ``4245, 4246, or 4248''; and
                    (E) in subsection (c)(4)--
                            (i) by redesignating subparagraphs (D) and 
                        (E) as subparagraphs (E) and (F) respectively; 
                        and
                            (ii) by inserting after subparagraph (C) 
                        the following:
                    ``(D) if the examination is ordered under section 
                4248, whether the person is a sexually dangerous 
                person;''; and
            (4) by inserting at the end the following:
``Sec. 4248. Civil commitment of a sexually dangerous person
    ``(a) Institution of Proceedings.--In relation to a person who is 
in the custody of the Bureau of Prisons, or who has been committed to 
the custody of the Attorney General pursuant to section 4241(d), or 
against whom all criminal charges have been dismissed solely for 
reasons relating to the mental condition of the person, the Attorney 
General or any individual authorized by the Attorney General or the 
Director of the Bureau of Prisons may certify that the person is a 
sexually dangerous person, and transmit the certificate to the clerk of 
the court for the district in which the person is confined. The clerk 
shall send a copy of the certificate to the person, and to the attorney 
for the Government, and, if the person was committed pursuant to 
section 4241(d), to the clerk of the court that ordered the commitment. 
The court shall order a hearing to determine whether the person is a 
sexually dangerous person. A certificate filed under this subsection 
shall stay the release of the person pending completion of procedures 
contained in this section.
    ``(b) Psychiatric or Psychological Examination and Report.--Prior 
to the date of the hearing, the court may order that a psychiatric or 
psychological examination of the defendant be conducted, and that a 
psychiatric or psychological report be filed with the court, pursuant 
to the provisions of section 4247(b) and (c).
    ``(c) Hearing.--The hearing shall be conducted pursuant to the 
provisions of section 4247(d).
    ``(d) Determination and Disposition.--If, after the hearing, the 
court finds by clear and convincing evidence that the person is a 
sexually dangerous person, the court shall commit the person to the 
custody of the Attorney General. The Attorney General shall release the 
person to the appropriate official of the State in which the person is 
domiciled or was tried if such State will assume responsibility for his 
custody, care, and treatment. The Attorney General shall make all 
reasonable efforts to cause such a State to assume such responsibility. 
If, notwithstanding such efforts, neither such State will assume such 
responsibility, the Attorney General shall place the person for 
treatment in a suitable facility, until--
            ``(1) such a State will assume such responsibility; or
            ``(2) the person's condition is such that he is no longer 
        sexually dangerous to others, or will not be sexually dangerous 
        to others if released under a prescribed regimen of medical, 
        psychiatric, or psychological care or treatment;
whichever is earlier. The Attorney General shall make all reasonable 
efforts to have a State to assume such responsibility for the person's 
custody, care, and treatment.
    ``(e) Discharge.--When the Director of the facility in which a 
person is placed pursuant to subsection (d) determines that the 
person's condition is such that he is no longer sexually dangerous to 
others, or will not be sexually dangerous to others if released under a 
prescribed regimen of medical, psychiatric, or psychological care or 
treatment, he shall promptly file a certificate to that effect with the 
clerk of the court that ordered the commitment. The clerk shall send a 
copy of the certificate to the person's counsel and to the attorney for 
the Government. The court shall order the discharge of the person or, 
on motion of the attorney for the Government or on its own motion, 
shall hold a hearing, conducted pursuant to the provisions of section 
4247(d), to determine whether he should be released. If, after the 
hearing, the court finds by a preponderance of the evidence that the 
person's condition is such that--
            ``(1) he will not be sexually dangerous to others if 
        released unconditionally, the court shall order that he be 
        immediately discharged; or
            ``(2) he will not be sexually dangerous to others if 
        released under a prescribed regimen of medical, psychiatric, or 
        psychological care or treatment, the court shall--
                    ``(A) order that he be conditionally discharged 
                under a prescribed regimen of medical, psychiatric, or 
                psychological care or treatment that has been prepared 
                for him, that has been certified to the court as 
                appropriate by the Director of the facility in which he 
                is committed, and that has been found by the court to 
                be appropriate; and
                    ``(B) order, as an explicit condition of release, 
                that he comply with the prescribed regimen of medical, 
                psychiatric, or psychological care or treatment.
        The court at any time may, after a hearing employing the same 
        criteria, modify or eliminate the regimen of medical, 
        psychiatric, or psychological care or treatment.
    ``(f) Revocation of Conditional Discharge.--The director of a 
facility responsible for administering a regimen imposed on a person 
conditionally discharged under subsection (e) shall notify the Attorney 
General and the court having jurisdiction over the person of any 
failure of the person to comply with the regimen. Upon such notice, or 
upon other probable cause to believe that the person has failed to 
comply with the prescribed regimen of medical, psychiatric, or 
psychological care or treatment, the person may be arrested, and, upon 
arrest, shall be taken without unnecessary delay before the court 
having jurisdiction over him. The court shall, after a hearing, 
determine whether the person should be remanded to a suitable facility 
on the ground that he is sexually dangerous to others in light of his 
failure to comply with the prescribed regimen of medical, psychiatric, 
or psychological care or treatment.
    ``(g) Release to State of Certain Other Persons.--If the director 
of the facility in which a person is hospitalized or placed pursuant to 
this chapter certifies to the Attorney General that a person, against 
him all charges have been dismissed for reasons not related to the 
mental condition of the person, is a sexually dangerous person, the 
Attorney General shall release the person to the appropriate official 
of the State in which the person is domiciled or was tried for the 
purpose of institution of State proceedings for civil commitment. If 
neither such State will assume such responsibility, the Attorney 
General shall release the person upon receipt of notice from the State 
that it will not assume such responsibility, but not later than 10 days 
after certification by the director of the facility.''.

SEC. 512. MANDATORY PENALTIES FOR SEX-TRAFFICKING OF CHILDREN.

    Section 1591(b) of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``or imprisonment'' and inserting 
                ``and imprisonment'';
                    (B) by inserting ``not less than 20'' after ``any 
                term of years''; and
                    (C) by striking ``, or both''; and
            (2) in paragraph (2)--
                    (A) by striking ``or imprisonment for not'' and 
                inserting ``and imprisonment for not less than 10 years 
                nor''; and
                    (B) by striking ``, or both''.

SEC. 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(a)(4), by striking ``six months'' and 
        inserting ``two years'';
            (3) in section 2244(b), by striking ``six months'' and 
        inserting ``two years''; and
            (4) 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,''.
                                 <all>
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