IIB 

109TH CONGRESS 

1ST SESSION H. R. 3132 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2005 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

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, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Children’s Safety Act of 2005’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—SEX OFFENDER REGISTRATION AND NOTIFICATION 

ACT 

Sec. 101. Short title. 

Sec. 102. Declaration of purpose. 

Subtitle A—Jacob Wetterling Sex Offender Registration and Notification 

Program 

Sec. 111. Relevant definitions, including Amie Zyla expansion of sex offender 

definition and expanded inclusion of child predators. 

Sec. 112. Registry requirements for jurisdictions. 

Sec. 113. Registry requirements for sex offenders. 

Sec. 114. Information required in registration. 

Sec. 115. Duration of registration requirement. 

Sec. 116. In person verification. 

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

Sec. 118. Jessica Lunsford Address Verification Program. 

Sec. 119. National Sex Offender Registry. 

Sec. 120. Dru Sjodin National Sex Offender Public Website. 

Sec. 121. Public access to sex offender information through the Internet. 

Sec. 122. Megan Nicole Kanka and Alexandra Nicole Zapp Community Notification Program. 

Sec. 123. Actions to be taken when sex offender fails to comply. 

Sec. 124. Immunity for good faith conduct. 

Sec. 125. Development and availability of registry management software. 

Sec. 126. Federal duty when State programs not minimally sufficient. 

Sec. 127. Period for implementation by jurisdictions. 

Sec. 128. Failure to comply. 

Sec. 129. Sex Offender Management Assistance (SOMA) Program. 

Sec. 130. Demonstration project for use of electronic monitoring devices. 

Sec. 131. Bonus payments to States that implement electronic monitoring. 

Sec. 132. National Center for Missing and Exploited Children access to Interstate Identification Index. 

Sec. 133. Limited immunity for National Center for Missing and Exploited 

Children with respect to CyberTipline. 

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

Sec. 135. Assistance in identification and location of sex offenders relocated as 

a result of Hurricane Katrina. 

Sec. 136. GAO studies on feasibility of using driver’s license registration processes as additional registration requirements for sex offenders. 
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Subtitle B—Criminal law enforcement of registration requirements 

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

registration. 

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

registration requirements. 

Sec. 153. Sex offender apprehension grants. 

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

Sec. 155. Repeal of predecessor sex offender program. 

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

backlog clearance funds. 

Sec. 157. Authorization of additional appropriations. 

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

Sec. 159. Expansion of training and technology efforts. 

Subtitle C—Children’s Safety Office 

Sec. 161. Establishment. 

Sec. 162. Purpose. 

Sec. 163. Director. 

Sec. 164. Annual report. 

Sec. 165. Staff. 

Sec. 166. Authorization of appropriations. 

Sec. 167. Nonmonetary assistance. 

TITLE II—DNA FINGERPRINTING 

Sec. 201. Short title. 

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

Sec. 203. Stopping Violent Predators Against Children. 

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

TITLE III—PREVENTION AND DETERRENCE OF CRIMES AGAINST 

CHILDREN ACT OF 2005 

Sec. 301. Short title. 

Sec. 302. Assured punishment for violent crimes against children. 

Sec. 303. Ensuring fair and expeditious Federal collateral review of convictions 

for killing a child. 

Sec. 304. Statistics. 

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

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

TITLE IV—PROTECTION AGAINST SEXUAL EXPLOITATION OF 

CHILDREN ACT OF 2005 

Sec. 401. Short title. 

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

Sec. 403. Sense of Congress with respect to prosecutions under section 2422(b) 

of title 18, United States Code. 

TITLE V—FOSTER CHILD PROTECTION AND CHILD SEXUAL 

PREDATOR DETERRENCE 

Sec. 501. Short title. 
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Sec. 502. Requirement to complete background checks before approval of any 

foster or adoptive placement and to check national crime information databases and state child abuse registries; suspension 

and subsequent elimination of opt-Out. 

Sec. 503. Access to Federal crime information databases by child welfare agencies for certain purposes. 

Sec. 504. Penalties for coercion and enticement by sex offenders. 

Sec. 505. Penalties for conduct relating to child prostitution. 

Sec. 506. Penalties for sexual abuse. 

Sec. 507. Sex offender submission to search as condition of release. 

Sec. 508. Kidnapping penalties and jurisdiction. 

Sec. 509. Marital communication and adverse spousal privilege. 

Sec. 510. Abuse and neglect of Indian children. 

Sec. 511. Civil commitment. 

Sec. 512. Mandatory penalties for sex-trafficking of children. 

Sec. 513. Sexual abuse of wards. 

TITLE VI—MISCELLANEOUS PROVISION 

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

against a minor. 

TITLE VII—NATIONAL REGISTER OF CASES OF CHILD ABUSE OR 

NEGLECT 

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

TITLE VIII—CHILD PORNOGRAPHY PREVENTION ACT OF 2005 

Sec. 801. Short title. 

Sec. 802. Findings. 

Sec. 803. Strengthening section 2257 to ensure that children are not exploited 

in the production of pornography. 

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

prosecutions. 

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

and obscenity cases. 

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

TITLE IX—PERSONAL DATA OF CHILDREN 

Sec. 901. Misappropriation of data. 

TITLE X—LOCAL LAW ENFORCEMENT HATE CRIMES 

PREVENTION 

Sec. 1001. Short title. 

Sec. 1002. Findings. 

Sec. 1003. Definition of hate crime. 

Sec. 1004. Support for criminal investigations and prosecutions by State and 

local law enforcement officials. 

Sec. 1005. Grant program. 

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

enforcement. 

Sec. 1007. Prohibition of certain hate crime Acts. 
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Sec. 1008. Statistics. 

Sec. 1009. Severability. 

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: 

12 (1) Jacob Wetterling, who was 11 years old, 

13 was abducted in 1989 in Minnesota, and remains 

14 missing. 

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

16 was abducted, sexually assaulted and murdered in 

17 1994, in New Jersey. 

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

19 attacked by a career offender in Houston, Texas. 

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

21 kidnapped, sexually assaulted, and murdered in 

22 2005 in Cedar Rapids, Iowa. 
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1 (5) Dru Sjodin, who was 22 years old, was sex2 ually assaulted and murdered in 2003, in North Da3 kota. 

4 (6) Jessica Lunsford, who was 9 years, was ab5 ducted, sexually assaulted, buried alive, and mur6 dered in 2005, in Homosassa, Florida. 

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

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

9 (8) Amie Zyla, who was 8 years old, was sexu10 ally assaulted in 1996 by a juvenile offender in 

11 Waukesha, Wisconsin, and has become an advocate 

12 for child victims and protection of children from ju13 venile sex offenders. 

14 (9) Christy Ann Fornoff, who was 13 years old, 

15 was abducted, sexually assaulted and murdered in 

16 1984, in Tempe, Arizona. 

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

18 old, was brutally attacked and murdered in a public 

19 restroom by a repeat sex offender in 2002, in 

20 Bridgewater, Massachusetts. 

21 (11) Polly Klaas, who was 12 years old, was ab22 ducted, sexually assaulted and murdered in 1993 by 

23 a career offender in California. 
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1 Subtitle A—Jacob Wetterling Sex 

2 Offender Registration and Noti3 fication Program 

4 SEC. 111. RELEVANT DEFINITIONS, INCLUDING AMIE ZYLA 

5 EXPANSION OF SEX OFFENDER DEFINITION 

6 AND EXPANDED INCLUSION OF CHILD PRED7 ATORS. 

8 In this title the following definitions apply: 

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

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

11 and a notification program, maintained by a juris12 diction. 

13 (2) JURISDICTION.—The term jurisdiction 

14 means any of the following: 

15 (A) A State. 

16 (B) The District of Columbia. 

17 (C) The Commonwealth of Puerto Rico. 

18 (D) Guam. 

19 (E) American Samoa. 

20 (F) The Northern Mariana Islands. 

21 (G) The United States Virgin Islands. 

22 (H) To the extent provided and subject to 

23 the requirements of section 126, a federally rec24 ognized Indian tribe. 
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1 (3) AMIE ZYLA EXPANSION OF SEX OFFENDER

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

3 individual who, either before or after the enactment 

4 of this Act, was convicted of, or adjudicated a juve5 nile delinquent for, an offense (other than an offense 

6 involving sexual conduct where the victim was at 

7 least 13 years old and the offender was not more 

8 than 4 years older than the victim and the sexual 

9 conduct was consensual, or an offense consisting of 

10 consensual sexual conduct with an adult) whether 

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

12 offense based on conduct that would not be a crime 

13 if the conduct took place in the United States), mili14 tary, juvenile or other, that is— 

15 (A) a specified offense against a minor; 

16 (B) a serious sex offense; or 

17 (C) a misdemeanor sex offense against a 

18 minor. 

19 (4) EXPANSION OF DEFINITION OF OFFENSE

20 TO INCLUDE ALL CHILD PREDATORS.—The term 

21 ‘‘specified offense against a minor’’ means an of22 fense against a minor that involves any of the fol23 lowing: 

24 (A) Kidnapping (unless committed by a 

25 parent). 
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1 (B) False imprisonment (unless committed 

2 by a parent). 

3 (C) Solicitation to engage in sexual con4 duct. 

5 (D) Use in a sexual performance. 

6 (E) Solicitation to practice prostitution. 

7 (F) Possession, production, or distribution 

8 of child pornography. 

9 (G) Criminal sexual conduct towards a 

10 minor. 

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

12 sexual offense against a minor. 

13 (I) Any other offense designated by the At14 torney General for inclusion in this definition. 

15 (J) Any attempt or conspiracy to commit 

16 an offense described in this paragraph. 

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

18 means a criminal offense that has an element involv19 ing a sexual act or sexual contact with another, or 

20 an attempt or conspiracy to commit such an offense. 

21 (6) SERIOUS SEX OFFENSE.—The term ‘‘seri22 ous sex offense’’ means— 

23 (A) a sex offense punishable under the law 

24 of a jurisdiction by imprisonment for more than 

25 one year; 
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1 (B) any Federal offense under chapter 

2 109A, 110, 117, or section 1591 of title 18, 

3 United States Code; 

4 (C) an offense in a category specified by 

5 the Secretary of Defense under section 

6 115(a)(8)(C) of title I of Public Law 105–119 

7 (10 U.S.C. 951 note); 

8 (D) any other offense designated by the 

9 Attorney General for inclusion in this definition. 

10 (7) MISDEMEANOR SEX OFFENSE AGAINST A

11 MINOR.— The term ‘‘misdemeanor sex offense 

12 against a minor’’ means a sex offense against a 

13 minor punishable by imprisonment for not more 

14 than one year. 

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

16 individual who enrolls or attends an educational in17 stitution, including (whether public or private) a sec18 ondary school, trade or professional school, and in19 stitution of higher education. 

20 (9) EMPLOYEE.—The term ‘‘employee’’ includes 

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

22 other entity, whether compensated or not. 

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

24 with respect to an individual, the location of the in-
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1 dividual’s home or other place where the individual 

2 lives. 

3 (11) MINOR.—The term ‘‘minor’’ means an in4 dividual who has not attained the age of 18 years. 

5 SEC. 112. REGISTRY REQUIREMENTS FOR JURISDICTIONS. 

6 Each jurisdiction shall maintain a jurisdiction-wide 

7 sex offender registry conforming to the requirements of 

8 this title. The Attorney General shall issue guidelines and 

9 regulations to interpret and implement this title. 

10 SEC. 113. REGISTRY REQUIREMENTS FOR SEX OFFENDERS. 

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

12 keep the registration current, in each jurisdiction where 

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

14 and where the offender is a student. 

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

16 initially register— 

17 (1) before completing a sentence of imprison18 ment with respect to the offense giving rise to the 

19 registration requirement; or 

20 (2) not later than 5 days after being sentenced 

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

22 to a term of imprisonment. 

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

24 offender must inform each jurisdiction involved, not later 
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1 than 5 days after each change of residence, employment, 

2 or student status. 

3 (d) RETROACTIVE DUTY TO REGISTER.—The Attor4 ney General shall prescribe a method for the registration 

5 of sex offenders convicted before the enactment of this Act 

6 or its effective date in a particular jurisdiction. 

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

8 Each jurisdiction, other than a Federally recognized In9 dian tribe shall provide a criminal penalty, that includes 

10 a maximum term of imprisonment that is greater than one 

11 year, and a minimum term of imprisonment that is no less 

12 than 90 days, for the failure of a sex offender to comply 

13 with the requirements of this title. 

14 SEC. 114. INFORMATION REQUIRED IN REGISTRATION. 

15 (a) PROVIDED BY THE OFFENDER.—The sex of16 fender must provide the following information to the ap17 propriate official for inclusion in the sex offender registry: 

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

19 alias used by the individual). 

20 (2) The Social Security number of the sex of21 fender. 

22 (3) The address and location of the residence at 

23 which the sex offender resides or will reside. 

24 (4) The place where the sex offender is em25 ployed or will be employed. 
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1 (5) The place where the sex offender is a stu2 dent or will be a student. 

3 (6) The license plate number and description of 

4 any vehicle owned or operated by the sex offender. 

5 (7) A photograph of the sex offender. 

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

7 sex offender, if the appropriate official determines 

8 that the jurisdiction does not already have available 

9 an accurate set. 

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

11 appropriate official determines that the jurisdiction 

12 does not already have available an appropriate DNA 

13 sample. 

14 (10) Any other information required by the At15 torney General. 

16 (b) PROVIDED BY THE JURISDICTION.—The jurisdic17 tion in which the sex offender registers shall include the 

18 following information in the registry for that sex offender: 

19 (1) A statement of the facts of the offense giv20 ing rise to the requirement to register under this 

21 title, including the date of the offense, and whether 

22 or not the sex offender was prosecuted as a juvenile 

23 at the time of the offense. 

24 (2) The criminal history of the sex offender. 
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1 (3) Any other information required by the At2 torney General. 

3 SEC. 115. DURATION OF REGISTRATION REQUIREMENT. 

4 A sex offender shall keep the registration current— 

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

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

7 offense, or a second misdemeanor sex offense 

8 against a minor; and 

9 (2) for a period of 20 years (but such 20-year 

10 period shall not include any time the offender is in 

11 custody or civilly committed), in any other case. 

12 SEC. 116. IN PERSON VERIFICATION. 

13 A sex offender shall appear in person and verify the 

14 information in each registry in which that offender is re15 quired to be registered not less frequently than once every 

16 six months. 

17 SEC. 117. DUTY TO NOTIFY SEX OFFENDERS OF REGISTRA18 TION REQUIREMENTS AND TO REGISTER. 

19 An appropriate official shall, shortly before release 

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

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

22 sex offender, for the offense giving rise to the duty to reg23 ister— 

24 (1) inform the sex offender of the duty to reg25 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 Attorney 

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 (a) IN GENERAL.—Except as provided in subsection 

4 (b), each jurisdiction shall make available on the Internet 

5 all information about each sex offender in the registry, ex6 cept for the offender’s Social Security number, the identity 

7 of any victim, and any other information exempted from 

8 disclosure by the Attorney General. The jurisdiction shall 

9 provide this information in a manner that is readily acces10 sible to the public. 

11 (b) EXCEPTION.—To the extent authorized by the At12 torney General, a jurisdiction need not make available on 

13 the Internet information about a sex offender required to 

14 register for committing a misdemeanor sex offense against 

15 a minor who has attained the age of 16 years. 

16 SEC. 122. MEGAN NICOLE KANKA AND ALEXANDRA NICOLE 

17 ZAPP COMMUNITY NOTIFICATION PROGRAM. 

18 (a) ESTABLISHMENT OF PROGRAM.—There is estab19 lished the Megan Nicole Kanka and Alexandra Nicole 

20 Zapp Community Program (hereinafter in this section re21 ferred to as the ‘‘Program’’). 

22 (b) NOTIFICATION.—In the Program, as soon as pos23 sible, and in any case not later than 5 days after a sex 

24 offender registers or updates a registration, an appro25 priate official in the jurisdiction shall provide the informa26 tion in the registry (other than information exempted from 
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1 disclosure by the Attorney General) about that offender 

2 to the following: 

3 (1) The Attorney General, who shall include 

4 that information in the National Sex Offender Reg5 istry. 

6 (2) Appropriate law enforcement agencies (in7 cluding probation agencies, if appropriate), and each 

8 school and public housing agency, in each area in 

9 which the individual resides, is employed, or is a stu10 dent. 

11 (3) Each jurisdiction where the sex offender re12 sides, works, or attends school, and each jurisdiction 

13 from or to which a change of residence, work, or 

14 student status occurs. 

15 (4) Any agency responsible for conducting em16 ployment-related background checks under section 3 

17 of the National Child Protection Act of 1993 (42 

18 U.S.C. 5119a). 

19 (5) Social service entities responsible for pro20 tecting minors in the child welfare system. 

21 (6) Volunteer organizations in which contact 

22 with minors or other vulnerable individuals might 

23 occur. 
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1 SEC. 123. ACTIONS TO BE TAKEN WHEN SEX OFFENDER 

2 FAILS TO COMPLY. 

3 An appropriate official shall notify the Attorney Gen4 eral and appropriate State and local law enforcement 

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

6 the requirements of a registry. The appropriate official, 

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

8 enforcement agency shall take any appropriate action to 

9 ensure compliance. 

10 SEC. 124. IMMUNITY FOR GOOD FAITH CONDUCT. 

11 The Federal Government, jurisdictions, political sub12 divisions of jurisdictions, and their agencies, officers, em13 ployees, and agents shall be immune from liability for good 

14 faith conduct under this title. 

15 SEC. 125. DEVELOPMENT AND AVAILABILITY OF REGISTRY 

16 MANAGEMENT SOFTWARE. 

17 The Attorney General shall develop and support soft18 ware for use to establish, maintain, publish, and share sex 

19 offender registries. 

20 SEC. 126. FEDERAL DUTY WHEN STATE PROGRAMS NOT 

21 MINIMALLY SUFFICIENT. 

22 If the Attorney General determines that a jurisdiction 

23 does not have a minimally sufficient sex offender registra24 tion program, the Department of Justice shall, to the ex25 tent practicable, carry out the duties imposed on that ju26 risdiction by this title. 
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1 SEC. 127. PERIOD FOR IMPLEMENTATION BY JURISDIC2 TIONS. 

3 Each jurisdiction shall implement this title not later 

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

5 However, the Attorney General may authorize up to two 

6 one-year extensions of the deadline. 

7 SEC. 128. FAILURE TO COMPLY. 

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

9 of the period for implementation, a jurisdiction that fails 

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

11 funds that would otherwise be allocated for that fiscal year 

12 to the jurisdiction under each of the following programs: 

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

14 the Omnibus Crime Control and Safe Streets Act of 

15 1968 (42 U.S.C. 3750 et seq.), whether character16 ized as the Edward Byrne Memorial State and Local 

17 Law Enforcement Assistance Programs, the Edward 

18 Byrne Memorial Justice Assistance Grant Program, 

19 or otherwise. 

20 (2) LLEBG.—The Local Government Law En21 forcement Block Grants program. 

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

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

24 failure to fully implement this title shall be reallocated 

25 under that program to jurisdictions that have not failed 

26 to implement this title or may be reallocated to a jurisdic-
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1 tion from which they were withheld to be used solely for 

2 the purpose of implementing this title. 

3 (c) RULE OF CONSTRUCTION.—The provisions of this 

4 title that are cast as directions to jurisdictions or their 

5 officials constitute only conditions required to avoid the 

6 reduction of Federal funding under this section. 

7 SEC. 129. SEX OFFENDER MANAGEMENT ASSISTANCE 

8 (SOMA) PROGRAM. 

9 (a) IN GENERAL.—The Attorney General shall estab10 lish and implement a Sex Offender Management Assist11 ance program (in this title referred to as the ‘‘SOMA pro12 gram’’) under which the Attorney General may award a 

13 grant to a jurisdiction to offset the costs of implementing 

14 this title. 

15 (b) APPLICATION.—The chief executive of a jurisdic16 tion shall, on an annual basis, submit to the Attorney Gen17 eral an application in such form and containing such infor18 mation as the Attorney General may require. 

19 (c) BONUS PAYMENTS FOR PROMPT COMPLIANCE.— 

20 A jurisdiction that, as determined by the Attorney Gen21 eral, has implemented this title not later than two years 

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

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

24 SOMA program for the first fiscal year beginning after 

25 that determination. The amount of the payment shall be— 
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1 (1) 10 percent of the total received by the juris2 diction under the SOMA program for the preceding 

3 fiscal year, if implementation is not later than one 

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

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

6 years after that date. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi8 tion to any amounts otherwise authorized to be appro9 priated, there are authorized to be appropriated such sums 

10 as may be necessary to the Attorney General, to be avail11 able only for the SOMA program, for fiscal years 2006 

12 through 2008. 

13 SEC. 130. DEMONSTRATION PROJECT FOR USE OF ELEC14 TRONIC MONITORING DEVICES. 

15 (a) PROJECT REQUIRED.—The Attorney General 

16 shall carry out a demonstration project under which the 

17 Attorney General makes grants to jurisdictions to dem18 onstrate the extent to which electronic monitoring devices 

19 can be used effectively in a sex offender management pro20 gram. 

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

22 amounts under this section directly, or through arrange23 ments with public or private entities, to carry out pro24 grams under which the whereabouts of sex offenders are 

25 monitored by electronic monitoring devices. 
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1 (c) PARTICIPANTS.—Not more than 10 jurisdictions 

2 may participate in the demonstration project at any one 

3 time. 

4 (d) FACTORS.—In selecting jurisdictions to partici5 pate in the demonstration project, the Attorney General 

6 shall consider the following factors: 

7 (1) The total number of sex offenders in the ju8 risdiction. 

9 (2) The percentage of those sex offenders who 

10 fail to comply with registration requirements. 

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

12 sex offenders who fail to comply with registration re13 quirements. 

14 (4) Any other factor the Attorney General con15 siders appropriate. 

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

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

18 and 2009. 

19 (f) INNOVATION.—In making grants under this sec20 tion, the Attorney General shall ensure that different ap21 proaches to monitoring are funded to allow an assessment 

22 of effectiveness. 

23 (g) ONE-TIME REPORT AND RECOMMENDATIONS.— 

24 Not later than April 1, 2008, the Attorney General shall 

25 submit to Congress a report— 
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1 (1) assessing the effectiveness and value of pro2 grams funded by this section; 

3 (2) comparing the cost-effectiveness of the elec4 tronic monitoring to reduce sex offenses compared to 

5 other alternatives; and 

6 (3) making recommendations for continuing 

7 funding and the appropriate levels for such funding. 

8 (h) REPORTS.—The Attorney General shall submit to 

9 Congress an annual report on the demonstration project. 

10 Each such report shall describe the activities carried out 

11 by each participant, assess the effectiveness of those ac12 tivities, and contain any other information or rec13 ommendations that the Attorney General considers appro14 priate. 

15 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to carry out this section 

17 such sums as may be necessary. 

18 SEC. 131. BONUS PAYMENTS TO STATES THAT IMPLEMENT 

19 ELECTRONIC MONITORING. 

20 (a) IN GENERAL.—A State that, within 3 years after 

21 the date of the enactment of this Act, has in effect laws 

22 and policies described in subsection (b) shall be eligible 

23 for a bonus payment described in subsection (c), to be paid 

24 by the Attorney General from any amounts available to 

25 the Attorney General for such purpose. 
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1 (b) ELECTRONIC MONITORING LAWS AND POLI2 CIES.— 

3 (1) IN GENERAL.—Laws and policies referred 

4 to in subsection (a) are laws and policies that ensure 

5 that electronic monitoring is required of a person if 

6 that person is released after being convicted of a 

7 State sex offense in which an individual who has not 

8 attained the age of 18 years is the victim. 

9 (2) MONITORING REQUIRED.—The monitoring 

10 required under paragraph (1) is a system that ac11 tively monitors and identifies the person’s location 

12 and timely reports or records the person’s presence 

13 near or within a crime scene or in a prohibited area 

14 or the person’s departure from specified geographic 

15 limitations. 

16 (3) DURATION.—The electronic monitoring re17 quired by paragraph (1) shall be required of the per18 son— 

19 (A) for the life of the person, if— 

20 (i) an individual who has not attained 

21 the age of 12 years is the victim; or 

22 (ii) the person has a prior sex convic23 tion (as defined in section 3559(e) of title 

24 18, United States Code); and 
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1 (B) for the period during which the person 

2 is on probation, parole, or supervised release for 

3 the offense, in any other case. 

4 (4) STATE REQUIRED TO MONITOR ALL SEX OF5 FENDERS RESIDING IN STATE.—In addition, laws 

6 and policies referred to in subsection (a) also include 

7 laws and policies that ensure that the State fre8 quently monitors each person residing in the State 

9 for whom electronic monitoring is required, whether 

10 such monitoring is required under this section or 

11 under section 3563(a)(9) of title 18, United States 

12 Code. 

13 (c) BONUS PAYMENTS.—The bonus payment referred 

14 to in subsection (a) is a payment equal to 10 percent of 

15 the funds that would otherwise be allocated for that fiscal 

16 year to the jurisdiction under each of the following pro17 grams: 

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

19 the Omnibus Crime Control and Safe Streets Act of 

20 1968 (42 U.S.C. 3750 et seq.), whether character21 ized as the Edward Byrne Memorial State and Local 

22 Law Enforcement Assistance Programs, the Edward 

23 Byrne Memorial Justice Assistance Grant Program, 

24 or otherwise. 
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1 (2) LLEBG.—The Local Government Law En2 forcement Block Grants program. 

3 (d) DEFINITION.—In this section, the term ‘‘State 

4 sex offense’’ means any criminal offense that is one of the 

5 following: 

6 (1) A specified offense against a minor. 

7 (2) A serious sex offense. 

8 SEC. 132. NATIONAL CENTER FOR MISSING AND EXPLOITED 

9 CHILDREN ACCESS TO INTERSTATE IDENTI10 FICATION INDEX. 

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of law, the Attorney General shall ensure that the 

13 National Center for Missing and Exploited Children has 

14 access to the Interstate Identification Index, to be used 

15 by the Center only within the scope of its duties and re16 sponsibilities under Federal law. The access provided 

17 under this section shall be authorized only to personnel 

18 of the Center that have met all the requirements for ac19 cess, including training, certification, and background 

20 screening. 

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

22 civilly or criminally liable for any use or misuse of infor23 mation in the Interstate Identification Index if in good 

24 faith. 
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1 SEC. 133. LIMITED IMMUNITY FOR NATIONAL CENTER FOR 

2 MISSING AND EXPLOITED CHILDREN WITH 

3 RESPECT TO CYBERTIPLINE. 

4 Section 227 of the Victims of Child Abuse Act of 

5 1990 (42 U.S.C. 13032) is amended by adding at the end 

6 the following new subsection: 

7 ‘‘(g) LIMITATION ON LIABILITY.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graphs (2) and (3), the National Center for Missing 

10 and Exploited Children, including any of its direc11 tors, officers, employees, or agents, is not liable in 

12 any civil or criminal action arising from the perform13 ance of its CyberTipline responsibilities and func14 tions as defined by this section. 

15 ‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS16 CONDUCT.—Paragraph (1) does not apply in an ac17 tion in which a party proves that the National Cen18 ter for Missing and Exploited Children, or its offi19 cer, employee, or agent as the case may be, engaged 

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

21 with actual malice, with reckless disregard to a sub22 stantial risk of causing injury without legal justifica23 tion, or for a purpose unrelated to the performance 

24 of responsibilities or functions under this section. 

25 ‘‘(3) ORDINARY BUSINESS ACTIVITIES.—Para26 graph (1) does not apply to an act or omission re-
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1 lated to an ordinary business activity, such as an ac2 tivity involving general administration or operations, 

3 the use of motor vehicles, or personnel manage4 ment.’’. 

5 SEC. 134. TREATMENT AND MANAGEMENT OF SEX OFFEND6 ERS IN THE BUREAU OF PRISONS. 

7 Section 3621 of title 18, United States Code, is 

8 amended by adding at the end the following new sub9 section: 

10 ‘‘(f) SEX OFFENDER MANAGEMENT.— 

11 ‘‘(1) IN GENERAL.—The Bureau of Prisons 

12 shall make available appropriate treatment to sex of13 fenders who are in need of and suitable for treat14 ment, as follows: 

15 ‘‘(A) SEX OFFENDER MANAGEMENT PRO16 GRAMS.—The Bureau of Prisons shall establish 

17 non-residential sex offender management pro18 grams to provide appropriate treatment, moni19 toring, and supervision of sex offenders and to 

20 provide aftercare during pre-release custody. 

21 ‘‘(B) RESIDENTIAL SEX OFFENDER

22 TREATMENT PROGRAMS.—The Bureau of Pris23 ons shall establish residential sex offender 

24 treatment programs to provide treatment to sex 

25 offenders who volunteer for such programs and 
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1 are deemed by the Bureau of Prisons to be in 

2 need of and suitable for residential treatment. 

3 ‘‘(2) REGIONS.—At least one sex offender man4 agement program under paragraph (1)(A), and at 

5 least one residential sex offender treatment program 

6 under paragraph (1)(B), shall be established in each 

7 region within the Bureau of Prisons. 

8 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

9 There are authorized to be appropriated to the Bu10 reau of Prisons for each fiscal year such sums as 

11 may be necessary to carry out this subsection.’’. 

12 SEC. 135. ASSISTANCE IN IDENTIFICATION AND LOCATION 

13 OF SEX OFFENDERS RELOCATED AS A RE14 SULT OF HURRICANE KATRINA. 

15 The Attorney General shall provide technical assist16 ance to jurisdictions to assist them in the identification 

17 and location of sex offenders relocated as a result of Hur18 ricane Katrina. 

19 SEC. 136. GAO STUDIES ON FEASIBILITY OF USING DRIV20 ER’S LICENSE REGISTRATION PROCESSES AS 

21 ADDITIONAL REGISTRATION REQUIREMENTS 

22 FOR SEX OFFENDERS. 

23 For the purposes of determining the feasibility of 

24 using driver’s license registration processes as additional 

25 registration requirements for sex offenders to improve the 
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1 level of compliance with sex offender registration require2 ments for change of address upon relocation and other re3 lated updates of personal information, the Congress re4 quires the following studies: 

5 (1) Not later than 180 days after the date of 

6 the enactment of this Act, the Government Account7 ability Office shall complete a study for the Com8 mittee on the Judiciary of the House of Representa9 tives to survey a majority of the States to assess the 

10 relative systems capabilities to comply with a Fed11 eral law that required all State driver’s license sys12 tems to automatically access State and national 

13 databases of registered sex offenders in a form simi14 lar to the requirement of the Nevada law described 

15 in paragraph (2). The Government Accountability 

16 Office shall use the information drawn from this 

17 survey, along with other expert sources, to determine 

18 what the potential costs to the States would be if 

19 such a Federal law came into effect, and what level 

20 of Federal grants would be required to prevent an 

21 unfunded mandate. In addition, the Government Ac22 countability Office shall seek the views of Federal 

23 and State law enforcement agencies, including in 

24 particular the Federal Bureau of Investigation, with 

25 regard to the anticipated effects of such a national 
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1 requirement, including potential for undesired side 

2 effects in terms of actual compliance with this Act 

3 and related laws. 

4 (2) Not later than October 2006, the Govern5 ment Accountability Office shall complete a study to 

6 evaluate the provisions of Chapter 507 of Statutes 

7 of Nevada 2005 to determine— 

8 (A) if those provisions are effective in in9 creasing the registration compliance rates of sex 

10 offenders; 

11 (B) the aggregate direct and indirect costs 

12 for the state of Nevada to bring those provi13 sions into effect; and 

14 (C) whether those provisions should be 

15 modified to improve compliance by registered 

16 sex offenders. 

17 Subtitle B—Criminal Law Enforce18 ment of Registration Require19 ments 

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

21 CODE, RELATING TO SEX OFFENDER REG22 ISTRATION. 

23 (a) CRIMINAL PENALTIES FOR NONREGISTRATION.— 

24 Part I of title 18, United States Code, is amended by in25 serting after chapter 109A the following: 
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1 ‘‘CHAPTER 109B—SEX OFFENDER AND 

2 CRIMES AGAINST CHILDREN REGISTRY 

‘‘Sec. 

‘‘2250. Failure to register. 

3 ‘‘§ 2250. Failure to register 

4 ‘‘Whoever is required to register under the Sex Of5 fender Registration and Notification Act and— 

6 ‘‘(1) is a sex offender as defined for the pur7 poses of that Act by reason of a conviction under 

8 Federal law; or 

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

10 commerce, or enters or leaves, or resides in, Indian 

11 country; 

12 and knowingly fails to register as required shall be fined 

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

14 more than 20 years.’’. 

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

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

17 inserting after the item relating to chapter 109A the fol18 lowing new item: 

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

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

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

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

22 under chapter 109A, 109B, 110, or 117, or section 1591, 
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1 then the term of imprisonment imposed under this section 

2 shall be not less than 5 years nor more than 20 years.’’. 

3 (d) PROBATION.—Paragraph (8) of section 3563(a) 

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

5 follows: 

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

7 Sex Offender Registration and Notification Act, that 

8 the person comply with the requirements of that 

9 Act; and’’. 

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

11 United States Code, is amended— 

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

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

14 of supervised release for a person described in sec15 tion 4042(c)(4)’’, by striking ‘‘described in section 

16 4042(c)(4)’’ and all that follows through the end of 

17 the sentence and inserting ‘‘required to register 

18 under the Sex Offender Registration and Notifica19 tion Act that the person comply with the require20 ments of that Act.’’. 

21 (2) in subsection (k)— 

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

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

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

25 ‘‘any term of years’’; and 
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1 (C) by adding at the end the following: ‘‘If 

2 a defendant required to register under the Sex 

3 Offender Registration and Notification Act vio4 lates the requirements of that Act or commits 

5 any criminal offense for which imprisonment for 

6 a term longer than one year can be imposed, 

7 the court shall revoke the term of supervised re8 lease and require the defendant to serve a term 

9 of imprisonment under subsection (e)(3) with10 out regard to the exception contained therein. 

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

12 if the offense was an offense under chapter 

13 109A, 109B, 110, or 117, or section 1591, not 

14 less than 10 years.’’. 

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

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

17 amended to read as follows: 

18 ‘‘(3) The Director of the Bureau of Prisons shall in19 form a person who is released from prison and required 

20 to register under the Sex Offender Registration and Noti21 fication Act of the requirements of that Act as they apply 

22 to that person and the same information shall be provided 

23 to a person sentenced to probation by the probation officer 

24 responsible for supervision of that person.’’. 
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1 (g) CONFORMING AMENDMENTS TO CROSS REF2 ERENCES.—Paragraphs (1) and (2) of section 4042(c) of 

3 title 18, United States Code, are each amended by striking 

4 ‘‘(4)’’ and inserting ‘‘(3)’’. 

5 (h) CONFORMING REPEAL OF DEADWOOD.—Para6 graph (4) of section 4042(c) of title 18, United States 

7 Code, is repealed. 

8 SEC. 152. INVESTIGATION BY UNITED STATES MARSHALS 

9 OF SEX OFFENDER VIOLATIONS OF REG10 ISTRATION REQUIREMENTS. 

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

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

13 United States Code, to assist States and other jurisdic14 tions in locating and apprehending sex offenders who vio15 late sex offender registration requirements. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated such sums as may be 

18 necessary for fiscal years 2006 through 2008 to implement 

19 this section. 

20 SEC. 153. SEX OFFENDER APPREHENSION GRANTS. 

21 Title I of the Omnibus Crime Control and Safe 

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

23 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 SEC. 156. ASSISTANCE FOR PROSECUTIONS OF CASES 

2 CLEARED THROUGH USE OF DNA BACKLOG 

3 CLEARANCE FUNDS. 

4 (a) IN GENERAL.—The Attorney General may make 

5 grants to train and employ personnel to help investigate 

6 and prosecute cases cleared through use of funds provided 

7 for DNA backlog elimination. 

8 (b) AUTHORIZATION.—There are authorized to be ap9 propriated such sums as may be necessary for each of fis10 cal years 2006 through 2010 to carry out this section. 

11 SEC. 157. AUTHORIZATION OF ADDITIONAL APPROPRIA12 TIONS. 

13 In addition to any other amounts authorized by law, 

14 there are authorized to be appropriated for grants to the 

15 American Prosecutors Research Institute under section 

16 214A of the Victims of Child Abuse Act of 1990 (42 

17 U.S.C. 13003) $7,500,000 for each of fiscal years 2006 

18 through 2010. 

19 SEC. 158. GRANTS TO COMBAT SEXUAL ABUSE OF CHIL20 DREN. 

21 (a) IN GENERAL.—The Bureau of Justice Assistance 

22 shall make grants to law enforcement agencies for pur23 poses of this section. The Bureau shall make such a 

24 grant— 

25 (1) to each law enforcement agency that serves 

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

2 a jurisdiction with fewer than 50,000 residents, 

3 upon a showing of need. 

4 (b) USE OF GRANT AMOUNTS.—Grants under this 

5 section may be used by the law enforcement agency to— 

6 (1) hire additional law enforcement personnel, 

7 or train existing staff to combat the sexual abuse of 

8 children through community education and outreach, 

9 investigation of complaints, enforcement of laws re10 lating to sex offender registries, and management of 

11 released sex offenders; 

12 (2) investigate the use of the Internet to facili13 tate the sexual abuse of children; and 

14 (3) purchase computer hardware and software 

15 necessary to investigate sexual abuse of children over 

16 the Internet, access local, State, and Federal data17 bases needed to apprehend sex offenders, and facili18 tate the creation and enforcement of sex offender 

19 registries. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated such sums as may be 

22 necessary for fiscal years 2006 through 2008 to carry out 

23 this section. 
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1 SEC. 159. EXPANSION OF TRAINING AND TECHNOLOGY EF2 FORTS. 

3 (a) TRAINING.—The Attorney General, in consulta4 tion with the Office of Juvenile Justice and Delinquency 

5 Prevention, shall— 

6 (1) expand training efforts with Federal, State, 

7 and local law enforcement officers and prosecutors 

8 to effectively respond to the threat to children and 

9 the public posed by sex offenders who use the inter10 net and technology to solicit or otherwise exploit 

11 children; 

12 (2) facilitate meetings, between corporations 

13 that sell computer hardware and software or provide 

14 services to the general public related to use of the 

15 Internet, to identify problems associated with the 

16 use of technology for the purpose of exploiting chil17 dren; 

18 (3) host national conferences to train Federal, 

19 State, and local law enforcement officers, probation 

20 and parole officers, and prosecutors regarding pro21 active approaches to monitoring sex offender activity 

22 on the Internet; 

23 (4) develop and distribute, for personnel listed 

24 in paragraph (3), information regarding multi-dis25 ciplinary approaches to holding offenders account-
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1 able to the terms of their probation, parole, and sex 

2 offender registration laws; and 

3 (5) partner with other agencies to improve the 

4 coordination of joint investigations among agencies 

5 to effectively combat on-line solicitation of children 

6 by sex offenders. 

7 (b) TECHNOLOGY.—The Attorney General, in con8 sultation with the Office of Juvenile Justice and Delin9 quency Prevention, shall— 

10 (1) deploy, to all Internet Crimes Against Chil11 dren Task Forces and their partner agencies, tech12 nology modeled after the Canadian Child Exploi13 tation Tracking System; and 

14 (2) conduct training in the use of that tech15 nology. 

16 (c) REPORT.—Not later than July 1, 2006, the Attor17 ney General, in consultation with the Office of Juvenile 

18 Justice and Delinquency Prevention, shall submit to Con19 gress a report on the activities carried out under this sec20 tion. The report shall include any recommendations that 

21 the Attorney General, in consultation with the Office, con22 siders appropriate. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to the Attorney General, 

25 for fiscal year 2006— 
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1 (1) $1,000,000 to carry out subsection (a); and 

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

3 Subtitle C—Children’s Safety 

4 Office 

5 SEC. 161. ESTABLISHMENT. 

6 There is hereby established within the Department 

7 of Justice, under the general authority of the Attorney 

8 General, a Children’s Safety Office. 

9 SEC. 162. PURPOSE. 

10 The purpose of the Office is to administer the sex 

11 offender registration program under subtitle A and to co12 ordinate with other departments, agencies, and offices in 

13 preventing sexual abuse of children, prosecuting child sex 

14 offenders, and tracking child abusers post-conviction. 

15 SEC. 163. DIRECTOR. 

16 (a) ADVICE AND CONSENT.—At the head of the Of17 fice shall be a Director, appointed by the President, by 

18 and with the advice and consent of the Senate. The Direc19 tor shall report directly to the Attorney General. 

20 (b) QUALIFICATIONS.—The Director shall be ap21 pointed from among distinguished individuals who have— 

22 (1) proven academic, management, and leader23 ship credentials; 

24 (2) a superior record of achievement; and 
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1 (3) training or expertise in criminal law or the 

2 exploitation of children, or both. 

3 (c) DUTIES.—The Director shall have the following 

4 duties: 

5 (1) To maintain liaison with the judicial 

6 branches of the Federal and State Governments on 

7 matters relating to children’s safety from sex offend8 ers. 

9 (2) To provide information to the President, the 

10 Congress, the Judiciary, State and local govern11 ments, and the general public on matters relating to 

12 children’s safety from sex offenders. 

13 (3) To serve, when requested by the Attorney 

14 General, as the representative of the Department of 

15 Justice on domestic task forces, committees, or com16 missions addressing policy or issues relating to chil17 dren’s safety from sex offenders. 

18 (4) To provide technical assistance, coordina19 tion, and support to— 

20 (A) other components of the Department 

21 of Justice, in efforts to develop policy and to 

22 enforce Federal laws relating to sexual assaults 

23 against children, including the litigation of civil 

24 and criminal actions relating to enforcing such 

25 laws; and 
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1 (B) other Federal, State, and local agen2 cies, in efforts to develop policy, provide tech3 nical assistance, and improve coordination 

4 among agencies carrying out efforts to elimi5 nate sexual assaults against children. 

6 (5) To exercise such other powers and functions 

7 as may be vested in the Director pursuant to this or 

8 any other Act or by delegation of the Attorney Gen9 eral in accordance with law. 

10 (6) To establish such rules, regulations, guide11 lines, and procedures as are necessary to carry out 

12 any function of the Office. 

13 (7) To oversee— 

14 (A) the grant programs under subtitle A; 

15 and 

16 (B) any other grant programs of the De17 partment of Justice to the extent they relate to 

18 sexual assaults against children. 

19 SEC. 164. ANNUAL REPORT. 

20 Not later than 180 days after the end of each fiscal 

21 year for which grants are made under subtitle A, the At22 torney General shall submit to the Committee on the Judi23 ciary of the House of Representatives and the Committee 

24 on the Judiciary of the Senate a report that includes, for 

25 each State or other jurisdiction— 
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1 (1) the number of grants made and funds dis2 tributed under subtitle A; 

3 (2) a summary of the purposes for which those 

4 grants were provided and an evaluation of their 

5 progress; 

6 (3) a statistical summary of persons served, de7 tailing the nature of victimization, and providing 

8 data on age, sex, relationship of victim to offender, 

9 geographic distribution, race, ethnicity, language, 

10 and disability, and the membership of persons served 

11 in any underserved population; and 

12 (4) an evaluation of the effectiveness of pro13 grams funded under subtitle A. 

14 SEC. 165. STAFF. 

15 The Attorney General shall ensure that the Director 

16 has adequate staff to support the Director in carrying out 

17 the responsibilities of the Director. 

18 SEC. 166. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated such sums 

20 as are necessary to carry out this subtitle. 

21 SEC. 167. NONMONETARY ASSISTANCE. 

22 In addition to the assistance provided under subtitle 

23 A, the Attorney General may request any Federal agency 

24 to use its authorities and the resources granted to it under 

25 Federal law (including personnel, equipment, supplies, fa-
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1 cilities, and managerial, technical, and advisory services) 

2 in support of State and local assistance efforts consistent 

3 with the purposes of this title. 

4 TITLE II—DNA FINGERPRINTING 

5 SEC. 201. SHORT TITLE. 

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

7 Act of 2005’’. 

8 SEC. 202. EXPANDING USE OF DNA TO IDENTIFY AND PROS9 ECUTE SEX OFFENDERS. 

10 (a) EXPANSION OF NATIONAL DNA INDEX SYS11 TEM.—Section 210304 of the DNA Identification Act of 

12 1994 (42 U.S.C. 14132) is amended— 

13 (1) in subsection (a)(1)(C), by striking ‘‘, pro14 vided’’ and all that follows through ‘‘System’’; and 

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

16 (b) DNA SAMPLE COLLECTION FROM PERSONS AR17 RESTED OR DETAINED UNDER FEDERAL AUTHORITY.— 

18 (1) IN GENERAL.—Section 3 of the DNA Anal19 ysis Backlog Elimination Act of 2000 (42 U.S.C. 

20 14135a) is amended— 

21 (A) in subsection (a)— 

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

23 Director’’ and inserting the following: 

24 ‘‘(A) The Attorney General may, as pro25 vided by the Attorney General by regulation, 
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1 collect DNA samples from individuals who are 

2 arrested, detained, or convicted under the au3 thority of the United States. The Attorney Gen4 eral may delegate this function within the De5 partment of Justice as provided in section 510 

6 of title 28, United States Code, and may also 

7 authorize and direct any other agency of the 

8 United States that arrests or detains individ9 uals or supervises individuals facing charges to 

10 carry out any function and exercise any power 

11 of the Attorney General under this section. 

12 ‘‘(B) The Director’’; and 

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

14 striking ‘‘Director of the Bureau of Pris15 ons’’ each place it appears and inserting 

16 ‘‘Attorney General, the Director of the Bu17 reau of Prisons,’’; and 

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

19 of the Bureau of Prisons’’ and inserting ‘‘Attor20 ney General, the Director of the Bureau of 

21 Prisons,’’. 

22 (2) CONFORMING AMENDMENT.—Subsections 

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

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

25 subject to the condition that the person cooperate in 
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1 the collection of a DNA sample from the person if 

2 the collection of such a sample is authorized pursu3 ant to section 3 of the DNA Analysis Backlog Elimi4 nation Act of 2000 (42 U.S.C. 14135a)’’ after ‘‘pe5 riod of release’’. 

6 (c) TOLLING OF STATUTE OF LIMITATIONS IN SEX7 UAL ABUSE CASES.—Section 3297 of title 18, United 

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

9 offense under chapter 109A,’’. 

10 SEC. 203. STOPPING VIOLENT PREDATORS AGAINST CHIL11 DREN. 

12 In carrying out Acts of Congress relating to DNA 

13 databases, the Attorney General shall give appropriate 

14 consideration to the need for the collection and testing of 

15 DNA to stop violent predators against children. 

16 SEC. 204. MODEL CODE ON INVESTIGATING MISSING PER17 SONS AND DEATHS. 

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

19 days after the date of the enactment of this Act, the Attor20 ney General shall publish a model code setting forth proce21 dures to be followed by law enforcement officers when in22 vestigating a missing person or a death. The procedures 

23 shall include the use of DNA analysis to help locate miss24 ing persons and to help identify human remains. 
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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that each State should, not later than 1 year after 

3 the date on which the Attorney General publishes the 

4 model code, enact laws implementing the model code. 

5 (c) GAO STUDY.—Not later than 2 years after the 

6 date on which the Attorney General publishes the model 

7 code, the Comptroller General shall submit to Congress 

8 a report on the extent to which States have implemented 

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

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

11 implemented the model code; and 

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

13 the model code, describe the reasons why the State 

14 has not done so. 

15 TITLE III—PREVENTION AND DE16 TERRENCE OF CRIMES 

17 AGAINST CHILDREN ACT OF 

18 2005 

19 SEC. 301. SHORT TITLE. 

20 This title may be cited as the ‘‘Prevention and Deter21 rence of Crimes Against Children Act of 2005’’. 
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1 SEC. 302. ASSURED PUNISHMENT FOR VIOLENT CRIMES 

2 AGAINST CHILDREN. 

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

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

5 to read as follows: 

6 ‘‘(d) MANDATORY MINIMUM TERMS OF IMPRISON7 MENT FOR VIOLENT CRIMES AGAINST CHILDREN.—A 

8 person who is convicted of a felony crime of violence 

9 against the person of an individual who has not attained 

10 the age of 18 years shall, unless a greater mandatory min11 imum sentence of imprisonment is otherwise provided by 

12 law and regardless of any maximum term of imprisonment 

13 otherwise provided for the offense— 

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

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

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

17 ‘‘(2) if the crime of violence is kidnapping, ag18 gravated sexual abuse, sexual abuse, or maiming, or 

19 results in serious bodily injury (as defined in section 

20 2119(2)) be imprisoned for life or any term of years 

21 not less than 30; 

22 ‘‘(3) if the crime of violence results in bodily in23 jury (as defined in section 1365) or is an offense 

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

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

26 less than 20; 
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1 ‘‘(4) if a dangerous weapon was used during 

2 and in relation to the crime of violence, be impris3 oned for life or for any term of years not less than 

4 15; and 

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

6 for any term of years not less than 10.’’. 

7 SEC. 303. ENSURING FAIR AND EXPEDITIOUS FEDERAL 

8 COLLATERAL REVIEW OF CONVICTIONS FOR 

9 KILLING A CHILD. 

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

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

12 following: 

13 ‘‘(j)(1) A court, justice, or judge shall not have juris14 diction to consider any claim relating to the judgment or 

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

16 unless the applicant shows that the claim qualifies for con17 sideration on the grounds described in subsection (e)(2). 

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

19 or judge other than a district court shall be transferred 

20 to the appropriate district court for consideration or dis21 missal in conformity with this subsection, except that a 

22 court of appeals panel must authorize any second or suc23 cessive application in conformity with section 2244 before 

24 any consideration by the district court. 
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1 ‘‘(2) This subsection applies to an application for a 

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

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

4 that involved the killing of a individual who has not at5 tained the age of 18 years. 

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

7 the following requirements shall apply in the district court: 

8 ‘‘(A) Any motion by either party for an evi9 dentiary hearing shall be filed and served not later 

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

11 no timely answer is filed, the date on which such an12 swer is due. 

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

14 shall be granted or denied not later than 30 days 

15 after the date on which the party opposing such mo16 tion files a pleading in opposition to such motion or, 

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

18 on which such pleading in opposition is due. 

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

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

21 the order granting such hearing; and 

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

23 after the order granting such hearing. 

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

25 granting or denying the application for a writ of ha-
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1 beas corpus, not later than 15 months after the date 

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

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

4 due, or not later than 60 days after the case is sub5 mitted for decision, whichever is earlier. 

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

7 the requirements of this paragraph, the State may 

8 petition the court of appeals for a writ of mandamus 

9 to enforce the requirements. The court of appeals 

10 shall grant or deny the petition for a writ of man11 damus not later than 30 days after such petition is 

12 filed with the court. 

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

14 the following requirements shall apply in the court of ap15 peals: 

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

17 order issuing a writ of habeas corpus shall operate 

18 as a stay of that order pending final disposition of 

19 the appeal. 

20 ‘‘(B) The court of appeals shall decide the ap21 peal from an order granting or denying a writ of ha22 beas corpus— 

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

24 on which the brief of the appellee is filed or, if 
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1 no timely brief is filed, the date on which such 

2 brief is due; or 

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

4 than 120 days after the date on which the ap5 pellant files a brief in response to the issues 

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

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

8 due. 

9 ‘‘(C)(i) Following a decision by a panel of the 

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

11 for panel rehearing is not allowed, but rehearing by 

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

13 court of appeals shall decide whether to grant a peti14 tion for rehearing en banc not later than 30 days 

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

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

17 decide whether to grant the petition not later than 

18 30 days after the date on which the response is filed 

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

20 the response is due. 

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

22 of appeals shall make a final determination of the 

23 appeal not later than 120 days after the date on 

24 which the order granting rehearing en banc is en25 tered. 
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1 ‘‘(D) If the court of appeals fails to comply 

2 with the requirements of this paragraph, the State 

3 may petition the Supreme Court or a justice thereof 

4 for a writ of mandamus to enforce the requirements. 

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

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

7 paragraph (2), any second or successive application de8 scribed in paragraph (2), and any redetermination of an 

9 application described in paragraph (2) or related appeal 

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

11 Court for further proceedings. 

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

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

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

15 the remand is ordered if further briefing is not required 

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

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

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

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

20 brief is due. 

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

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

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

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

25 briefing in the court of appeals, the time limit specified 
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1 in paragraph (4)(B) shall run from the date on which a 

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

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

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

5 a time limitation under this subsection shall not be a 

6 ground for granting relief from a judgment of conviction 

7 or sentence, nor shall the time limitations under this sub8 section be construed to entitle a capital applicant to a stay 

9 of execution, to which the applicant would otherwise not 

10 be entitled, for the purpose of litigating any application 

11 or appeal. 

12 ‘‘(k) SENTENCING CLAIMS.—A court, justice, or 

13 judge shall not have jurisdiction to consider an application 

14 with respect to an error relating to the applicant’s sen15 tence or sentencing that has been found to be harmless 

16 or not prejudicial in State court proceedings, or that was 

17 found by a State court to be procedurally barred, unless 

18 a determination that the error is not structural is contrary 

19 to clearly established Federal law, as determined by the 

20 Supreme Court of the United States.’’. 

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

22 3771(b) of title 18, United States Code, is amended by 

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

24 for crime victims by this section shall also be extended 
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1 in a Federal habeas corpus proceeding arising out of a 

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

3 (c) APPLICATION TO PENDING CASES.— 

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

5 this section apply to cases pending on the date of 

6 the enactment of this Act as well as to cases com7 menced on and after that date. 

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

9 case pending on the date of the enactment of this 

10 Act, if the amendment made by subsection (a) pro11 vides that a time limit runs from an event or time 

12 that has occurred before that date, the time limit 

13 shall instead run from that date. 

14 SEC. 304. STATISTICS. 

15 (a) COVERAGE.—Subsection (b)(1) of the first sec16 tion of the Hate Crime Statistics Act (28 U.S.C. 534 note) 

17 is amended by inserting ‘‘gender,’’ before ‘‘or ethnicity’’. 

18 (b) DATA.—Subsection (b)(5) of the first section of 

19 the Hate Crime Statistics Act (28 U.S.C. 534 note) is 

20 amended by inserting ‘‘, including data about crimes com21 mitted by and directed against juveniles’’ after ‘‘data ac22 quired under this section’’. 
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1 SEC. 305. STUDY OF INTERSTATE TRACKING OF PERSONS 

2 CONVICTED OF OR UNDER INVESTIGATION 

3 FOR CHILD ABUSE. 

4 (a) STUDY.—The Attorney General, in consultation 

5 with the Secretary of Health and Human Services, shall 

6 study the establishment of a nationwide interstate track7 ing system of persons convicted of, or under investigation 

8 for, child abuse. The study shall include an analysis, along 

9 with the costs and benefits, of various mechanisms for es10 tablishing an interstate tracking system, and include the 

11 extent to which existing registries could be used. 

12 (b) REPORT.—Not later than 90 days after the date 

13 of the enactment of this Act, the Secretary shall report 

14 to the Congress the results of the study under this section. 

15 SEC. 306. ACCESS TO FEDERAL CRIME INFORMATION DATA16 BASES BY EDUCATIONAL AGENCIES FOR CER17 TAIN PURPOSES. 

18 (a) IN GENERAL.—The Attorney General of the 

19 United States shall, upon request of the chief executive 

20 officer of a State, conduct fingerprint-based checks of the 

21 national crime information databases (as defined in sec22 tion 534(e)(3)(A) of title 28, United States Code), pursu23 ant to a request submitted by a local educational agency 

24 or State educational agency in that State, on individuals 

25 under consideration for employment by the agency in a 

26 position in which the individual would work with or around 
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1 children. Where possible, the check shall include a finger2 print-based check of State criminal history databases. The 

3 Attorney General and the States may charge any applica4 ble fees for these checks. 

5 (b) PROTECTION OF INFORMATION.—An individual 

6 having information derived as a result of a check under 

7 subsection (a) may release that information only to an ap8 propriate officer of a local educational agency or State 

9 educational agency, or to another person authorized by 

10 law to receive that information. 

11 (c) CRIMINAL PENALTIES.—An individual who know12 ingly exceeds the authority in subsection (a), or knowingly 

13 releases information in violation of subsection (b), shall 

14 be imprisoned not more than 10 years or fined under title 

15 18, United States Code, or both. 

16 (d) DEFINITION.—In this section, the terms ‘‘local 

17 educational agency’’ and ‘‘State educational agency’’ have 

18 the meanings given to those terms in section 9101 of the 

19 Elementary and Secondary Education Act of 1965 (20 

20 U.S.C. 7801). 
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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 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,’’; 

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 SEC. 403. SENSE OF CONGRESS WITH RESPECT TO PROS20 ECUTIONS UNDER SECTION 2422(b) OF TITLE 

21 18, UNITED STATES CODE. 

22 (a) FINDINGS.—Congress finds that— 

23 (1) a jury convicted Jan P. Helder, Jr., of 

24 using a computer to attempt to entice an individual 
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1 who had not attained the age of 18 years to engage 

2 in unlawful sexual activity; 

3 (2) during the trial, evidence showed that Jan 

4 Helder had engaged in an online chat with an indi5 vidual posing as a minor, who unbeknownst to him, 

6 was an undercover law enforcement officer; 

7 (3) notwithstanding, Dean Whipple, District 

8 Judge for the Western District of Missouri, acquit9 ted Jan Helder, ruling that because he did not, in 

10 fact, communicate with a minor, he did not commit 

11 a crime; 

12 (4) the 9th Circuit Court of Appeals, in United 

13 States v. Jeffrey Meek, specifically addressed the 

14 question facing Judge Whipple and concurred with 

15 the 5th and 11th Circuit Courts in finding that ‘‘an 

16 actual minor victim is not required for an attempt 

17 conviction under 18 U.S.C. § 2422(b).’’; 

18 (5) the Department of Justice has successfully 

19 used evidence obtained through undercover law en20 forcement to prosecute and convict perpetrators who 

21 attempted to solicit children on the Internet; and 

22 (6) the Department of Justice states, ‘‘Online 

23 child pornography/child sexual exploitation is the 

24 most significant cyber crime problem confronting the 

25 FBI that involves crimes against children’’. 
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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that— 

3 (1) it is a crime under section 2422(b) of title 

4 18, United States Code, to use a facility of inter5 state commerce to attempt to entice an individual 

6 who has not attained the age of 18 years into unlaw7 ful sexual activity, even if the perpetrator incorrectly 

8 believes that the individual has not attained the age 

9 of 18 years; 

10 (2) well-established caselaw has established that 

11 section 2422(b) of title 18, United States Code, 

12 criminalizes any attempt to entice a minor into un13 lawful sexual activity, even if the perpetrator incor14 rectly believes that the individual has not attained 

15 the age of 18 years; 

16 (3) the Department of Justice should appeal 

17 Judge Whipple’s decision in United States v. Helder, 

18 Jr. and aggressively continue to track down and 

19 prosecute sex offenders on the Internet; and 

20 (4) Judge Whipple’s decision in United States 

21 v. Helder, Jr. should be overturned in light of the 

22 law as it is written, the intent of Congress, and well23 established caselaw. 
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1 TITLE V—FOSTER CHILD PRO2 TECTION AND CHILD SEXUAL 

3 PREDATOR DETERRENCE 

4 SEC. 501. SHORT TITLE. 

5 This title may be cited as the ‘‘Foster Child Protec6 tion and Child Sexual Predator Sentencing Act of 2005’’. 

7 SEC. 502. REQUIREMENT TO COMPLETE BACKGROUND 

8 CHECKS BEFORE APPROVAL OF ANY FOSTER 

9 OR ADOPTIVE PLACEMENT AND TO CHECK 

10 NATIONAL CRIME INFORMATION DATABASES 

11 AND STATE CHILD ABUSE REGISTRIES; SUS12 PENSION AND SUBSEQUENT ELIMINATION OF 

13 OPT-OUT. 

14 (a) REQUIREMENT TO COMPLETE BACKGROUND

15 CHECKS BEFORE APPROVAL OF ANY FOSTER OR ADOP16 TIVE PLACEMENT AND TO CHECK NATIONAL CRIME IN17 FORMATION DATABASES AND STATE CHILD ABUSE REG18 ISTRIES; SUSPENSION OF OPT-OUT.— 

19 (1) REQUIREMENT TO CHECK NATIONAL CRIME

20 INFORMATION DATABASES AND STATE CHILD ABUSE

21 REGISTRIES.—Section 471(a)(20) of the Social Se22 curity Act (42 U.S.C. 671(a)(20)) is amended— 

23 (A) in subparagraph (A)— 

24 (i) in the matter preceding clause 

25 (i)— 
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1 (I) by inserting ‘‘, including 

2 checks of national crime information 

3 databases (as defined in section 

4 534(e)(3)(A) of title 28, United 

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

6 checks’’; and 

7 (II) by striking ‘‘on whose behalf 

8 foster care maintenance payments or 

9 adoption assistance payments are to 

10 be made’’ and inserting ‘‘regardless of 

11 whether foster care maintenance pay12 ments or adoption assistance pay13 ments are to be made on behalf of the 

14 child’’; and 

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

16 inserting ‘‘involving a child on whose be17 half such payments are to be so made’’ 

18 after ‘‘in any case’’; and 

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

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

21 ‘‘(i) check any child abuse and neglect reg22 istry maintained by the State for information 

23 on any prospective foster or adoptive parent 

24 and on any other adult living in the home of 

25 such a prospective parent, and request any 
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1 other State in which any such prospective par2 ent or other adult has resided in the preceding 

3 5 years, to enable the State to check any child 

4 abuse and neglect registry maintained by such 

5 other State for such information, before the 

6 prospective foster or adoptive parent may be fi7 nally approved for placement of a child, regard8 less of whether foster care maintenance pay9 ments or adoption assistance payments are to 

10 be made on behalf of the child under the State 

11 plan under this part; 

12 ‘‘(ii) comply with any request described in 

13 clause (i) that is received from another State; 

14 and 

15 ‘‘(iii) have in place safeguards to prevent 

16 the unauthorized disclosure of information in 

17 any child abuse and neglect registry maintained 

18 by the State, and to prevent any such informa19 tion obtained pursuant to this subparagraph 

20 from being used for a purpose other than the 

21 conducting of background checks in foster or 

22 adoptive placement cases;’’. 

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

24 471(a)(20)(B) of such Act (42 U.S.C. 

25 671(a)(20)(B)) is amended— 
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1 (A) by inserting ‘‘, on or before September 

2 30, 2005,’’ after ‘‘plan if’’; and 

3 (B) by inserting ‘‘, on or before such 

4 date,’’ after ‘‘or if’’. 

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

6 of such Act (42 U.S.C. 671(a)(20)), as amended by sub7 section (a) of this section, is amended— 

8 (1) in subparagraph (A), in the matter pre9 ceding clause (i), by striking ‘‘unless an election pro10 vided for in subparagraph (B) is made with respect 

11 to the State,’’; and 

12 (2) by striking subparagraph (B) and redesig13 nating subparagraph (C) as subparagraph (B). 

14 (c) EFFECTIVE DATE.— 

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

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

17 and shall apply with respect to payments under part 

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

19 quarters beginning on or after such date, without re20 gard to whether regulations to implement the 

21 amendments are promulgated by such date. 

22 (2) ELIMINATION OF OPT-OUT.—The amend23 ments made by subsection (b) shall take effect on 

24 October 1, 2007, and shall apply with respect to 

25 payments under part E of title IV of the Social Se-
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1 curity Act for calendar quarters beginning on or 

2 after such date, without regard to whether regula3 tions to implement the amendments are promulgated 

4 by such date. 

5 (3) DELAY PERMITTED IF STATE LEGISLATION

6 REQUIRED.—If the Secretary of Health and Human 

7 Services determines that State legislation (other 

8 than legislation appropriating funds) is required in 

9 order for a State plan under section 471 of the So10 cial Security Act to meet the additional requirements 

11 imposed by the amendments made by a subsection 

12 of this section, the plan shall not be regarded as fail13 ing to meet any of the additional requirements be14 fore the first day of the first calendar quarter begin15 ning after the first regular session of the State legis16 lature that begins after the otherwise applicable ef17 fective date of the amendments. If the State has a 

18 2-year legislative session, each year of the session is 

19 deemed to be a separate regular session of the State 

20 legislature. 

21 SEC. 503. ACCESS TO FEDERAL CRIME INFORMATION DATA22 BASES BY CHILD WELFARE AGENCIES FOR 

23 CERTAIN PURPOSES. 

24 (a) IN GENERAL.—The Attorney General of the 

25 United States shall, upon request of the chief executive 
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1 officer of a State, conduct fingerprint-based checks of the 

2 national crime information databases (as defined in sec3 tion 534(e)(3)(A) of title 28, United States Code) sub4 mitted by a local child welfare agency for the purpose of 

5 conducting a background check required under section 

6 471(a)(20) of the Social Security Act on individuals under 

7 consideration as prospective foster or adoptive parents. 

8 Where possible, the check shall include a fingerprint-based 

9 check of State criminal history databases. The Attorney 

10 General and the States may charge any applicable fees for 

11 the checks. 

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

13 under subsection (a) only for the purpose of conducting 

14 the background checks required under section 471(a)(20) 

15 of the Social Security Act. 

16 (c) PROTECTION OF INFORMATION.—An individual 

17 having information derived as a result of a check under 

18 subsection (a) may release that information only to appro19 priate officers of child welfare agencies or another person 

20 authorized by law to receive that information. 

21 (d) CRIMINAL PENALTIES.—An individual who know22 ingly exceeds the authority in subsection (a), or knowingly 

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

24 imprisoned not more than 10 years or fined under title 

25 18, United States Code, or both. 
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1 (e) CHILD WELFARE AGENCY DEFINED.—In this 

2 section, the term ‘‘child welfare agency’’ means— 

3 (1) the State or local agency responsible for ad4 ministering the plan under part B or part E of title 

5 IV of the Social Security Act; and 

6 (2) any other public agency, or any other pri7 vate agency under contract with the State or local 

8 agency responsible for administering the plan under 

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

10 Act, that is responsible for the licensing or approval 

11 of foster or adoptive parents. 

12 SEC. 504. PENALTIES FOR COERCION AND ENTICEMENT BY 

13 SEX OFFENDERS. 

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

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

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

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

18 SEC. 505. PENALTIES FOR CONDUCT RELATING TO CHILD 

19 PROSTITUTION. 

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

21 amended— 

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

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

24 for life’’; 
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1 (2) in subsection (b), by striking ‘‘or impris2 oned not more than 30 years, or both’’ and inserting 

3 ‘‘and imprisoned for not less than 10 years and not 

4 more than 30 years’’; 

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

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

7 imprisoned for not less than 10 years and not more 

8 than 30 years’’; and 

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

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

11 imprisoned for not less than 10 nor more than 30 

12 years’’. 

13 SEC. 506. PENALTIES FOR SEXUAL ABUSE. 

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

15 title 18, United States Code, is amended— 

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

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

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

19 30 or for life’’; and 

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

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

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

23 25 or for life’’. 

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

25 United States Code, is amended by striking ‘‘, imprisoned 
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1 not more than 20 years, or both’’ and inserting ‘‘and im2 prisoned not less than 15 years nor more than 40 years’’. 

3 (c) ABUSIVE SEXUAL CONTACT.—Section 2244(a) of 

4 title 18, United States Code, is amended— 

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

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

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

8 than 30 years’’; 

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

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

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

12 than 20 years’’; and 

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

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

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

16 than 10 years’’. 

17 SEC. 507. SEX OFFENDER SUBMISSION TO SEARCH AS CON18 DITION OF RELEASE. 

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

20 title 18, United States Code, is amended— 

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

22 inserting ‘‘; and’’; and 

23 (2) 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 adding at the end 

15 the following: ‘‘The court may order, as an explicit condi16 tion of supervised release for a person who is a felon or 

17 required to register under the Sex Offender Registration 

18 and Notification Act, that the person submit his person, 

19 and any property, house, residence, vehicle, papers, com20 puter, other electronic communications or data storage de21 vices or media, and effects to search at any time, with 

22 or without a warrant, by any law enforcement or probation 

23 officer with reasonable suspicion concerning a violation of 

24 a condition of supervised release or unlawful conduct by 
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1 the person, and by any probation officer in the lawful dis2 charge 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 treat2 ment programs, and other treatment programs 

3 that will assist the individual in overcoming a 

4 psychological or physical dependence or any 

5 condition that makes the individual dangerous 

6 to others; and’’; 

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

8 ‘‘and’’ at the end; 

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

10 period at the end and inserting a semi11 colon; and 

12 (iv) by inserting at the end the fol13 lowing: 

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

15 ‘‘(5) ‘sexually dangerous person’ means a per16 son who has engaged or attempted to engage in sex17 ually violent conduct or child molestation and who is 

18 sexually dangerous to others; and 

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

20 a person suffers from a serious mental illness, ab21 normality, or disorder as a result of which he would 

22 have serious difficulty in refraining from sexually 

23 violent conduct or child molestation if released.’’; 
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1 (D) in subsection (b), by striking ‘‘4245 or 

2 4246’’ and inserting ‘‘4245, 4246, or 4248’’; 

3 and 

4 (E) in subsection (c)(4)— 

5 (i) by redesignating subparagraphs 

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

7 respectively; and 

8 (ii) by inserting after subparagraph 

9 (C) the following: 

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

11 section 4248, whether the person is a sexually 

12 dangerous person;’’; and 

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

14 ‘‘§ 4248. Civil commitment of a sexually dangerous 

15 person 

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

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

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

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

20 criminal charges have been dismissed solely for reasons 

21 relating to the mental condition of the person, the Attor22 ney General or any individual authorized by the Attorney 

23 General or the Director of the Bureau of Prisons may cer24 tify that the person is a sexually dangerous person, and 

25 transmit the certificate to the clerk of the court for the 
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1 district in which the person is confined. The clerk shall 

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

3 attorney for the Government, and, if the person was com4 mitted pursuant to section 4241(d), to the clerk of the 

5 court that ordered the commitment. The court shall order 

6 a hearing to determine whether the person is a sexually 

7 dangerous person. A certificate filed under this subsection 

8 shall stay the release of the person pending completion of 

9 procedures contained in this section. 

10 ‘‘(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINA11 TION AND REPORT.—Prior to the date of the hearing, the 

12 court may order that a psychiatric or psychological exam13 ination of the defendant be conducted, and that a psy14 chiatric or psychological report be filed with the court, 

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

16 ‘‘(c) HEARING.—The hearing shall be conducted pur17 suant to the provisions of section 4247(d). 

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

19 the hearing, the court finds by clear and convincing evi20 dence that the person is a sexually dangerous person, the 

21 court shall commit the person to the custody of the Attor22 ney General. The Attorney General shall release the per23 son to the appropriate official of the State in which the 

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

25 responsibility for his custody, care, and treatment. The 
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1 Attorney General shall make all reasonable efforts to 

2 cause such a State to assume such responsibility. If, not3 withstanding such efforts, neither such State will assume 

4 such responsibility, the Attorney General shall place the 

5 person for treatment in a suitable facility, until— 

6 ‘‘(1) such a State will assume such responsi7 bility; or 

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

9 longer sexually dangerous to others, or will not be 

10 sexually dangerous to others if released under a pre11 scribed regimen of medical, psychiatric, or psycho12 logical care or treatment; 

13 whichever is earlier. The Attorney General shall make all 

14 reasonable efforts to have a State to assume such respon15 sibility for the person’s custody, care, and treatment. 

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

17 in which a person is placed pursuant to subsection (d) de18 termines that the person’s condition is such that he is no 

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

20 dangerous to others if released under a prescribed regimen 

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

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

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

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

25 and to the attorney for the Government. The court shall 
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1 order the discharge of the person or, on motion of the at2 torney for the Government or on its own motion, shall hold 

3 a hearing, conducted pursuant to the provisions of section 

4 4247(d), to determine whether he should be released. If, 

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

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

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

8 if released unconditionally, the court shall order that 

9 he be immediately discharged; or 

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

11 if released under a prescribed regimen of medical, 

12 psychiatric, or psychological care or treatment, the 

13 court shall— 

14 ‘‘(A) order that he be conditionally dis15 charged under a prescribed regimen of medical, 

16 psychiatric, or psychological care or treatment 

17 that has been prepared for him, that has been 

18 certified to the court as appropriate by the Di19 rector of the facility in which he is committed, 

20 and that has been found by the court to be ap21 propriate; and 

22 ‘‘(B) order, as an explicit condition of re23 lease, that he comply with the prescribed regi24 men of medical, psychiatric, or psychological 

25 care or treatment. 
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1 The court at any time may, after a hearing employ2 ing the same criteria, modify or eliminate the regi3 men of medical, psychiatric, or psychological care or 

4 treatment. 

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

6 The director of a facility responsible for administering a 

7 regimen imposed on a person conditionally discharged 

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

9 the court having jurisdiction over the person of any failure 

10 of the person to comply with the regimen. Upon such no11 tice, or upon other probable cause to believe that the per12 son has failed to comply with the prescribed regimen of 

13 medical, psychiatric, or psychological care or treatment, 

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

15 taken without unnecessary delay before the court having 

16 jurisdiction over him. The court shall, after a hearing, de17 termine whether the person should be remanded to a suit18 able facility on the ground that he is sexually dangerous 

19 to others in light of his failure to comply with the pre20 scribed regimen of medical, psychiatric, or psychological 

21 care or treatment. 

22 ‘‘(g) RELEASE TO STATE OF CERTAIN OTHER PER23 SONS.—If the director of the facility in which a person 

24 is hospitalized or placed pursuant to this chapter certifies 

25 to the Attorney General that a person, against him all 
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1 charges have been dismissed for reasons not related to the 

2 mental condition of the person, is a sexually dangerous 

3 person, the Attorney General shall release the person to 

4 the appropriate official of the State in which the person 

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

6 State proceedings for civil commitment. If neither such 

7 State will assume such responsibility, the Attorney Gen8 eral shall release the person upon receipt of notice from 

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

10 not later than 10 days after certification by the director 

11 of the facility.’’. 

12 SEC. 512. STATE CIVIL COMMITMENT PROGRAMS FOR SEX13 UALLY DANGEROUS PERSONS. 

14 (a) GRANTS AUTHORIZED.—The Attorney General 

15 shall make grants to jurisdictions for the purpose of estab16 lishing, enhancing, or operating effective civil commitment 

17 programs for sexually dangerous persons. 

18 (b) ELIGIBILITY.— 

19 (1) IN GENERAL.—To be eligible to receive a 

20 grant under this section, a jurisdiction must, before 

21 the expiration of the compliance period— 

22 (A) have established a civil commitment 

23 program for sexually dangerous persons that is 

24 consistent with guidelines issued by the Attor25 ney General; or 
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1 (B) submit a plan for the establishment of 

2 such a program. 

3 (2) COMPLIANCE PERIOD.—The compliance pe4 riod referred to in paragraph (1) expires on the date 

5 that is 2 years after the date of the enactment of 

6 this Act. However, the Attorney General may, on a 

7 case-by-case basis, extend the compliance period that 

8 applies to a jurisdiction if the Attorney General con9 siders such an extension to be appropriate. 

10 (c) ATTORNEY GENERAL REPORTS.—Not later than 

11 January 31 of each year, beginning with 2008, the Attor12 ney General shall submit to the Committee on the Judici13 ary of the Senate and the Committee on the Judiciary of 

14 the House of Representatives a report on the progress of 

15 jurisdictions in implementing this section and the rate of 

16 sexually violent offenses for each jurisdiction. 

17 (d) DEFINITIONS.—As used in this section: 

18 (1) The term ‘‘civil commitment program’’ 

19 means a program that involves— 

20 (A) secure civil confinement, including ap21 propriate control, care, and treatment during 

22 such confinement; and 

23 (B) appropriate supervision, care, and 

24 treatment for individuals released following 

25 such confinement. 
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1 (2) The term ‘‘sexually dangerous person’’ 

2 means an individual who is dangerous to others be3 cause of a mental illness, abnormality, or disorder 

4 that creates a risk that the individual will engage in 

5 sexually violent conduct or child molestation. 

6 (3) The term ‘‘jurisdiction’’ has the meaning 

7 given such term in section 111. 

8 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to carry out this section 

10 $10,000,000 for each of fiscal years 2006, 2007, 2008, 

11 and 2009. 

12 SEC. 513. MANDATORY PENALTIES FOR SEX-TRAFFICKING 

13 OF CHILDREN. 

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

15 amended— 

16 (1) in paragraph (1)— 

17 (A) by striking ‘‘or imprisonment’’ and in18 serting ‘‘and imprisonment’’; 

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

20 ‘‘any term of years’’; and 

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

22 (2) in paragraph (2)— 

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

24 and inserting ‘‘and imprisonment for not less 

25 than 10 years nor’’; and 
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1 (B) by striking ‘‘, or both’’. 

2 SEC. 514. SEXUAL ABUSE OF WARDS. 

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

4 amended— 

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

6 and inserting ‘‘five years’’; 

7 (2) in section 2244(b), by striking ‘‘six months’’ 

8 and inserting ‘‘two years’’; and 

9 (3) by inserting after ‘‘Federal prison,’’ each 

10 place it appears, other than the second sentence of 

11 section 2241(c), the following: ‘‘or being in the cus12 tody of the Attorney General or the Bureau of Pris13 ons or confined in any institution or facility by di14 rection of the Attorney General or the Bureau of 

15 Prisons,’’. 

16 SEC. 515. NO LIMITATION FOR PROSECUTION OF FELONY 

17 SEX OFFENSES. 

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

19 amended— 

20 (1) by adding at the end the following: 

21 ‘‘§ 3298. Child abduction and sex offenses 

22 ‘‘Notwithstanding any other law, an indictment may 

23 be found or an information instituted at any time without 

24 limitation for any offense under section 1201 involving a 
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1 minor victim, and for any felony under chapter 109A, 110, 

2 or 117, or section 1591.’’; and 

3 (2) by adding at the end of the table of sections 

4 at the beginning of the chapter the following new 

5 item: 

‘‘3298. Child abduction and sex offenses.’’. 

6 SEC. 516. CHILD ABUSE REPORTING. 

7 Section 2258 of title 18, United States Code, is 

8 amended by striking ‘‘Class B misdemeanor’’ and insert9 ing ‘‘Class A misdemeanor’’. 

10 SEC. 517. SENSE OF CONGRESS. 

11 It is the sense of Congress that background checks 

12 conducted as a precondition to approval of any foster or 

13 adoptive placement of children affected by a natural dis14 aster or terrorist attack should be expedited in order to 

15 ensure that such children do not become subjected to the 

16 offenses enumerated in this Act. 

17 SEC. 518. DEFENDANTS IN CERTAIN CRIMINAL CASES TO 

18 BE TESTED FOR HIV. 

19 (a) IN GENERAL.—A jurisdiction shall have in effect 

20 laws or regulations with respect to a defendant against 

21 whom an information or indictment is presented for a 

22 crime in which by force or threat of force the perpetrator 

23 compels the victim to engage in sexual activity that require 

24 as follows: 
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1 (1) That the defendant be tested for HIV dis2 ease if— 

3 (A) the nature of the alleged crime is such 

4 that the sexual activity would have placed the 

5 victim at risk of becoming infected with HIV; 

6 or 

7 (B) the victim requests that the defendant 

8 be so tested. 

9 (2) That if the conditions specified in para10 graph (1) are met, the defendant undergo the test 

11 not later than 48 hours after the date on which the 

12 information or indictment is presented, and that as 

13 soon thereafter as is practicable the results of the 

14 test be made available to— 

15 (A) the victim; 

16 (B) the defendant (or if the defendant is 

17 a minor, to the legal guardian of the defend18 ant); 

19 (C) the attorneys of the victim; 

20 (D) the attorneys of the defendant; 

21 (E) the prosecuting attorneys; and 

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

23 (3) That if the defendant has been tested pur24 suant to paragraph (2), the defendant, upon request 

25 of the victim, undergo such follow-up tests for HIV 
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1 as may be medically appropriate, and that as soon 

2 as is practicable after each such test the results of 

3 the test be made available in accordance with para4 graph (1) (except that this paragraph applies only to 

5 the extent that the individual involved continues to 

6 be a defendant in the judicial proceedings involved, 

7 or is convicted in the proceedings). 

8 (4) That, if the results of a test conducted pur9 suant to paragraph (2) or (3) indicate that the de10 fendant has HIV disease, such fact may, as relevant, 

11 be considered in the judicial proceedings conducted 

12 with respect to the alleged crime. 

13 (b) FAILURE TO COMPLY.— 

14 (1) IN GENERAL.—For any fiscal year begin15 ning 2 or more years after the date of the enactment 

16 of this Act, a jurisdiction that fails to implement 

17 this section shall not receive 10 percent of the funds 

18 that would otherwise be allocated for that fiscal year 

19 to the jurisdiction under each of the following pro20 grams: 

21 (A) BYRNE.—Subpart 1 of part E of title 

22 I of the Omnibus Crime Control and Safe 

23 Streets Act of 1968 (42 U.S.C. 3750 et seq.), 

24 whether characterized as the Edward Byrne 

25 Memorial State and Local Law Enforcement 
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1 Assistance Programs, the Edward Byrne Me2 morial Justice Assistance Grant Program, or 

3 otherwise. 

4 (B) LLEBG.—The Local Government 

5 Law Enforcement Block Grants program. 

6 (2) REALLOCATION.—Amounts not allocated 

7 under a program referred to in paragraph (1) to a 

8 jurisdiction for failure to fully implement this section 

9 shall be reallocated under that program to jurisdic10 tions that have not failed to implement this section. 

11 TITLE VI—MISCELLANEOUS 

12 PROVISION 

13 SEC. 601. BAN ON FIREARM FOR PERSON CONVICTED OF A 

14 MISDEMEANOR SEX OFFENSE AGAINST A 

15 MINOR. 

16 (a) DISPOSITION OF FIREARM.—Section 922(d) of 

17 title 18, United States Code, is amended— 

18 (1) by striking ‘‘or’’ at the end of paragraph 

19 (8); 

20 (2) by striking the period at the end of para21 graph (9) and inserting ‘‘; or’’; and 

22 (3) by inserting after paragraph (9) the fol23 lowing: 

24 ‘‘(10) has been convicted in any court of a mis25 demeanor sex offense against a minor.’’. 
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1 (b) POSSESSION OF FIREARM.—Section 922(g) of 

2 title 18, United States Code, is amended— 

3 (1) by striking ‘‘or’’ at the end of paragraph 

4 (8); 

5 (2) by striking the comma at the end of para6 graph (9) and inserting ‘‘; or’’; and 

7 (3) by inserting after paragraph (9) the fol8 lowing: 

9 ‘‘(10) who has been convicted in any court of 

10 a misdemeanor sex offense against a minor,’’. 

11 (c) MISDEMEANOR SEX OFFENSE AGAINST A MINOR

12 DEFINED.—Section 921(a) of such title is amended by 

13 adding at the end the following: 

14 ‘‘(36)(A) The term ‘misdemeanor sex offense 

15 against a minor’ means a sex offense against a 

16 minor punishable by imprisonment for not more 

17 than one year. 

18 ‘‘(B) The term ‘sex offense’ means a criminal 

19 offense that has, as an element, a sexual act or sex20 ual contact with another, or an attempt or con21 spiracy to commit such an offense. 

22 ‘‘(C) The term ‘minor’ means an individual who 

23 has not attained 18 years of age.’’. 
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1 TITLE VII—NATIONAL REGISTER 

2 OF CASES OF CHILD ABUSE 

3 OR NEGLECT 

4 SEC. 701. NATIONAL REGISTER OF CASES OF CHILD ABUSE 

5 OR NEGLECT. 

6 (a) IN GENERAL.—The Attorney General, in con7 sultation with the Secretary of Health and Human Serv8 ices, shall create a national register of cases of child abuse 

9 or neglect. The information in such register shall be sup10 plied by States, or, at the option of a State, by political 

11 subdivisions of such State. 

12 (b) INFORMATION.—The register described in sub13 section (a) shall collect in a central electronic database in14 formation on children reported to a State, or a political 

15 subdivision of a State, as abused or neglected. 

16 (c) SCOPE OF INFORMATION.— 

17 (1) IN GENERAL.— 

18 (A) TREATMENT OF REPORTS.—The infor19 mation to be provided to the Secretary of 

20 Health and Human Services under this section 

21 shall relate to substantiated reports of child 

22 abuse or neglect. Except as provided in sub23 paragraph (B), each State, or, at the option of 

24 a State, each political subdivision of such State, 

25 shall determine whether the information to be 
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1 provided to the Secretary of Health and Human 

2 Services under this section shall also relate to 

3 reports of suspected instances of child abuse or 

4 neglect that were unsubstantiated or deter5 mined to be unfounded. 

6 (B) EXCEPTION.—If a State or political 

7 subdivision of a State has an equivalent elec8 tronic register of cases of child abuse or neglect 

9 that it maintains pursuant to a requirement or 

10 authorization under any other provision of law, 

11 the information provided to the Secretary of 

12 Health and Human Services under this section 

13 shall be coextensive with that in such register. 

14 (2) FORM.—Information provided to the Sec15 retary of Health and Human Services under this 

16 section— 

17 (A) shall be in a standardized electronic 

18 form determined by the Secretary of Health 

19 and Human Services; and 

20 (B) shall contain case-specific identifying 

21 information, except that, at the option of the 

22 entity supplying the information, the confiden23 tiality of identifying information concerning an 

24 individual initiating a report or complaint re-
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1 garding a suspected or known instance of child 

2 abuse or neglect may be maintained. 

3 (d) CONSTRUCTION.—This section shall not be con4 strued to require a State or political subdivision of a State 

5 to modify— 

6 (1) an equivalent register of cases of child 

7 abuse or neglect that it maintains pursuant to a re8 quirement or authorization under any other provi9 sion of law; or 

10 (2) any other record relating to child abuse or 

11 neglect, regardless of whether the report of abuse or 

12 neglect was substantiated, unsubstantiated, or deter13 mined to be unfounded. 

14 (e) DISSEMINATION.—The Attorney General, in con15 sultation with the Secretary of Health and Human Serv16 ices, shall establish standards for the dissemination of in17 formation in the national register of cases of child abuse 

18 or neglect. Such standards shall preserve the confiden19 tiality of records in order to protect the rights of the child 

20 and the child’s parents or guardians while also ensuring 

21 that Federal, State, and local government entities have ac22 cess to such information in order to carry out their respon23 sibilities under law to protect children from abuse and ne24 glect. 
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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 such sums as may be necessary for fiscal year 2006 and 

4 succeeding fiscal years. 

5 TITLE VIII—CHILD PORNOG6 RAPHY PREVENTION ACT OF 

7 2005 

8 SEC. 801. SHORT TITLE. 

9 This title may be cited as the ‘‘Child Pornography 

10 Prevention Act of 2005’’. 

11 SEC. 802. FINDINGS. 

12 Congress makes the following findings: 

13 (1) The effect of the intrastate production, 

14 transportation, distribution, receipt, advertising, and 

15 possession of child pornography on interstate market 

16 in child pornography. 

17 (A) The illegal production, transportation, 

18 distribution, receipt, advertising and possession 

19 of child pornography, as defined in section 

20 2256(8) of title 18, United States Code, as well 

21 as the transfer of custody of children for the 

22 production of child pornography, is harmful to 

23 the physiological, emotional, and mental health 

24 of the children depicted in child pornography 
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1 and has a substantial and detrimental effect on 

2 society as a whole. 

3 (B) A substantial interstate market in 

4 child pornography exists, including not only a 

5 multimillion dollar industry, but also a nation6 wide network of individuals openly advertising 

7 their desire to exploit children and to traffic in 

8 child pornography. Many of these individuals 

9 distribute child pornography with the expecta10 tion of receiving other child pornography in re11 turn. 

12 (C) The interstate market in child pornog13 raphy is carried on to a substantial extent 

14 through the mails and other instrumentalities 

15 of interstate and foreign commerce, such as the 

16 Internet. The advent of the Internet has greatly 

17 increased the ease of transporting, distributing, 

18 receiving, and advertising child pornography in 

19 interstate commerce. The advent of digital cam20 eras and digital video cameras, as well as video21 tape cameras, has greatly increased the ease of 

22 producing child pornography. The advent of in23 expensive computer equipment with the capacity 

24 to store large numbers of digital images of child 

25 pornography has greatly increased the ease of 
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1 possessing child pornography. Taken together, 

2 these technological advances have had the un3 fortunate result of greatly increasing the inter4 state market in child pornography. 

5 (D) Intrastate incidents of production, 

6 transportation, distribution, receipt, advertising, 

7 and possession of child pornography, as well as 

8 the transfer of custody of children for the pro9 duction of child pornography, have a substantial 

10 and direct effect upon interstate commerce be11 cause: 

12 (i) Some persons engaged in the pro13 duction, transportation, distribution, re14 ceipt, advertising, and possession of child 

15 pornography conduct such activities en16 tirely within the boundaries of one state. 

17 These persons are unlikely to be content 

18 with the amount of child pornography they 

19 produce, transport, distribute, receive, ad20 vertise, or possess. These persons are 

21 therefore likely to enter the interstate mar22 ket in child pornography in search of addi23 tional child pornography, thereby stimu24 lating demand in the interstate market in 

25 child pornography. 
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1 (ii) When the persons described in 

2 subparagraph (D)(i) enter the interstate 

3 market in search of additional child por4 nography, they are likely to distribute the 

5 child pornography they already produce, 

6 transport, distribute, receive, advertise, or 

7 possess to persons who will distribute addi8 tional child pornography to them, thereby 

9 stimulating supply in the interstate market 

10 in child pornography. 

11 (iii) Much of the child pornography 

12 that supplies the interstate market in child 

13 pornography is produced entirely within 

14 the boundaries of one state, is not trace15 able, and enters the interstate market sur16 reptitiously. This child pornography sup17 ports demand in the interstate market in 

18 child pornography and is essential to its 

19 existence. 

20 (E) Prohibiting the intrastate production, 

21 transportation, distribution, receipt, advertising, 

22 and possession of child pornography, as well as 

23 the intrastate transfer of custody of children for 

24 the production of child pornography, will cause 

25 some persons engaged in such intrastate activi-
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1 ties to cease all such activities, thereby reducing 

2 both supply and demand in the interstate mar3 ket for child pornography. 

4 (F) Federal control of the intrastate inci5 dents of the production, transportation, dis6 tribution, receipt, advertising, and possession of 

7 child pornography, as well as the intrastate 

8 transfer of children for the production of child 

9 pornography, is essential to the effective control 

10 of the interstate market in child pornography. 

11 (2) The importance of protecting children from 

12 repeat exploitation in child pornography: 

13 (A) The vast majority of child pornography 

14 prosecutions today involve images contained on 

15 computer hard drives, computer disks, and re16 lated media. 

17 (B) Child pornography is not entitled to 

18 protection under the First Amendment and 

19 thus may be prohibited. 

20 (C) The government has a compelling state 

21 interest in protecting children from those who 

22 sexually exploit them, and this interest extends 

23 to stamping out the vice of child pornography 

24 at all levels in the distribution chain. 
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1 (D) Every instance of viewing images of 

2 child pornography represents a renewed viola3 tion of the privacy of the victims and a repeti4 tion of their abuse. 

5 (E) Child pornography constitutes prima 

6 facie contraband, and as such should not be dis7 tributed to, or copied by, child pornography de8 fendants or their attorneys. 

9 (F) It is imperative to prohibit the repro10 duction of child pornography in criminal cases 

11 so as to avoid repeated violation and abuse of 

12 victims, so long as the government makes rea13 sonable accommodations for the inspection, 

14 viewing, and examination of such material for 

15 the purposes of mounting a criminal defense. 

16 SEC. 803. STRENGTHENING SECTION 2257 TO ENSURE THAT 

17 CHILDREN ARE NOT EXPLOITED IN THE PRO18 DUCTION OF PORNOGRAPHY. 

19 Section 2257 of title 18 of the United States Code 

20 is amended— 

21 (1) in subsection (a)(l), by striking ‘‘actual’’; 

22 (2) in subsection (b), by striking ‘‘actual’’; 

23 (3) in subsection (f)(4)(A), by striking ‘‘ac24 tual’’; 
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1 (4) by amending paragraph (1) of subsection 

2 (h) to read as follows: 

3 ‘‘(1) the term ‘sexually explicit conduct’ has the 

4 meaning set forth in subparagraphs (A)(i) through 

5 (v) of paragraph (2) of section 2256 of this title;’’; 

6 (5) in subsection (h)(4), by striking ‘‘actual.’’; 

7 (6) in subsection (f)— 

8 (A) at the end of paragraph (3), by strik9 ing ‘‘and’’; 

10 (B) at the end of paragraph (4)(B), by 

11 striking the period and inserting ‘‘; and’’; and 

12 (C) by inserting after paragraph (4)(B) 

13 the following new paragraph: 

14 ‘‘(5) for any person to whom subsection (a) ap15 plies to refuse to permit the Attorney General or his 

16 or her delegee to conduct an inspection under sub17 section (c).’’. 

18 (7) in subsection (h)(3), by striking ‘‘to 

19 produce, manufacture, or publish any book, maga20 zine, periodical, film, video tape, computer generated 

21 image, digital image, or picture, or other similar 

22 matter and includes the duplication, reproduction, or 

23 reissuing of any such matter, but does not include 

24 mere distribution or any other activity which does 

25 not involve hiring, contracting for managing or oth-
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1 erwise arranging for the participation of the per2 formers depicted’’ and inserting ‘‘actually filming, 

3 videotaping, photographing; creating a picture, dig4 ital image, or digitally- or computer-manipulated 

5 image of an actual human being; or digitizing an 

6 image, of a visual depiction of sexually explicit con7 duct; or, assembling, manufacturing, publishing, du8 plicating, reproducing, or reissuing a book, maga9 zine, periodical, film, videotape, digital image, or pic10 ture, or other matter intended for commercial dis11 tribution, that contains a visual depiction of sexually 

12 explicit conduct; or, inserting on a computer site or 

13 service a digital image of, or otherwise managing the 

14 sexually explicit content, of a computer site or serv15 ice that contains a visual depiction of, sexually ex16 plicit conduct’’; 

17 (8) in subsection (a), by inserting after ‘‘video18 tape,’’ the following: ‘‘digital image, digitally- or 

19 computer-manipulated image of an actual human 

20 being, or picture,’’; and 

21 (9) in subsection (f)(4), by inserting after 

22 ‘‘video’’ the following: ‘‘digital image, digitally- or 

23 computer-manipulated image of an actual human 

24 being, or picture,’’. 
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1 SEC. 804. PREVENTION OF DISTRIBUTION OF CHILD POR2 NOGRAPHY USED AS EVIDENCE IN PROSECU3 TIONS. 

4 Section 3509 of title 18, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(m) PROHIBITION ON REPRODUCTION OF CHILD

7 PORNOGRAPHY.— 

8 ‘‘(1) In any criminal proceeding, any property 

9 or material that constitutes child pornography (as 

10 defined by section 2256 of this title) must remain in 

11 the care, custody, and control of either the Govern12 ment or the court. 

13 ‘‘(2)(A) Notwithstanding Rule 16 of the Fed14 eral Rules of Criminal Procedure, a court shall deny, 

15 in any criminal proceeding, any request by the de16 fendant to copy, photograph, duplicate, or otherwise 

17 reproduce any property or material that constitutes 

18 child pornography (as defined by section 2256 of 

19 this title), so long as the Government makes the 

20 property or material reasonably available to the de21 fendant. 

22 ‘‘(B) For the purposes of subparagraph (A), 

23 property or material shall be deemed to be reason24 ably available to the defendant if the Government 

25 provides ample opportunity for inspection, viewing, 

26 and examination at a Government facility of the 
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1 property or material by the defendant, his or her at2 torney, aid any individual the defendant may seek to 

3 qualify to furnish expert testimony at trial.’’. 

4 SEC. 805. AUTHORIZING CIVIL AND CRIMINAL ASSET FOR5 FEITURE IN CHILD EXPLOITATION AND OB6 SCENITY CASES. 

7 (a) CONFORMING FORFEITURE PROCEDURES FOR

8 OBSCENITY OFFENSES.—Section 1467 of title 18, United 

9 States Code, is amended— 

10 (1) in subsection (a)(3), by inserting a period 

11 after ‘‘of such offense’’ and striking all that follows; 

12 and 

13 (2) by striking subsections (b) through (n) and 

14 inserting the following: 

15 ‘‘(b) The provisions of section 413 of the Controlled 

16 Substance Act (21 U.S.C. 853) with the exception of sub17 section (d), shall apply to the criminal forfeiture of prop18 erty pursuant to subsection (a). 

19 ‘‘(c) Any property subject to forfeiture pursuant to 

20 subjection (a) may be forfeited to the United States in 

21 a civil case in accordance with the procedures set forth 

22 in chapter 46 of this title.’’. 

23 (b) AMENDMENTS TO CHILD EXPLOITATION FOR24 FEITURE PROVISIONS.— 
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1 (1) CRIMINAL FORFEITURE.—Section 2253(a) 

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

3 (A) in the matter preceding paragraph (1) 

4 by— 

5 (i) inserting ‘‘or who is convicted of 

6 an offense under sections 2252B or 2257 

7 of this chapter,’’ after ‘‘2260 of this chap8 ter’’; 

9 (ii) inserting ‘‘, or 2425’’ after 

10 ‘‘2423’’ and striking ‘‘or’’ before ‘‘2423’’; 

11 and 

12 (iii) inserting ‘‘or an offense under 

13 chapter 109A’’ after ‘‘of chapter 117’’; and 

14 (B) in paragraph (I), by inserting ‘‘, 

15 2252A, 2252B or 2257’’ after ‘‘2252’’. 

16 (2) CIVIL FORFEITURE.—Section 2254(a) of 

17 title 18, United States Code, is amended— 

18 (A) in paragraph (1), by inserting ‘‘, 

19 2252A, 2252B, or 2257’’ after ‘‘2252’’; 

20 (B) in paragraph (2) — 

21 (i) by striking ‘‘or’’ and inserting ‘‘of’’ 

22 before ‘‘chapter 117’’; 

23 (ii) by inserting ‘‘, or an offense under 

24 section 2252B or 2257 of this chapter,’’ 

25 after ‘‘Chapter 117,’’ and 
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1 (iii) by inserting ‘‘, or an offense 

2 under chapter 109A’’ before the period; 

3 and 

4 (C) in paragraph (3) by— 

5 (i) inserting ‘‘, or 2425’’ after ‘‘2423’’ 

6 and striking ‘‘or’’ before ‘‘2423’’; and 

7 (ii) inserting ‘‘, a violation of section 

8 2252B or 2257 of this chapter, or a viola9 tion of chapter 109A’’ before the period. 

10 (c) AMENDMENTS TO RICO.—Section 1961(1)(B) of 

11 title 18, United States Code, is amended by inserting 

12 ‘‘2252A, 2252B,’’ after ‘‘2252’’. 

13 SEC. 806. PROHIBITING THE PRODUCTION OF OBSCENITY 

14 AS WELL AS TRANSPORTATION, DISTRIBU15 TION, AND SALE. 

16 (a) SECTION 1465.—Section 1465 of title 18 of the 

17 United States Code is amended— 

18 (1) by inserting ‘‘Production and’’ before 

19 ‘‘Transportation’’ in the heading of the section; 

20 (2) by inserting ‘‘produces with the intent to 

21 transport, distribute, or transmit in interstate or 

22 foreign commerce, or whoever knowingly’’ after 

23 ‘‘whoever knowingly’’ and before ‘‘transports or trav24 els in’’; and 
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1 (3) by inserting a comma after ‘‘in or affecting 

2 such commerce’’. 

3 (b) SECTION 1466.—Section 1466 of title 18 of the 

4 United States Code is amended— 

5 (1) in subsection (a), by inserting ‘‘producing 

6 with intent to distribute or sell, or’’ before ‘‘selling 

7 or transferring obscene matter,’’; 

8 (2) in subsection (b), by inserting, ‘‘produces’’ 

9 before ‘‘sells or transfers or offers to sell or transfer 

10 obscene matter’’; and 

11 (3) in subsection (b) by inserting ‘‘production,’’ 

12 before ‘‘selling or transferring or offering to sell or 

13 transfer such material.’’. 

14 TITLE IX—PERSONAL DATA OF 

15 CHILDREN 

16 SEC. 901. MISAPPROPRIATION OF DATA. 

17 (a) IN GENERAL.—Chapter 88 of title 18, United 

18 States Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘§ 1802. Misappropriation of personal data of chil21 dren 

22 ‘‘Whoever, in or affecting interstate or foreign com23 merce, knowingly misappropriates the personally identifi24 able information of a person who has not attained the age 
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1 of 18 years shall be fined under this title or imprisoned 

2 not more than 10 years, or both.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of chapter 88 of title 18, United States 

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

6 item: 

‘‘1802. Misappropriation of personal data of children.’’. 

7 TITLE X—LOCAL LAW ENFORCE8 MENT HATE CRIMES PREVEN9 TION 

10 SEC. 1001. SHORT TITLE. 

11 This title may be cited as the ‘‘Local Law Enforce12 ment Hate Crimes Prevention Act of 2005’’. 

13 SEC. 1002. FINDINGS. 

14 Congress makes the following findings: 

15 (1) The incidence of violence motivated by the 

16 actual or perceived race, color, religion, national ori17 gin, gender, sexual orientation, gender identity, or 

18 disability of the victim poses a serious national prob19 lem. 

20 (2) Such violence disrupts the tranquility and 

21 safety of communities and is deeply divisive. 

22 (3) State and local authorities are now and will 

23 continue to be responsible for prosecuting the over24 whelming majority of violent crimes in the United 

25 States, including violent crimes motivated by bias. 
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1 These authorities can carry out their responsibilities 

2 more effectively with greater Federal assistance. 

3 (4) Existing Federal law is inadequate to ad4 dress this problem. 

5 (5) The prominent characteristic of a violent 

6 crime motivated by bias is that it devastates not just 

7 the actual victim and the family and friends of the 

8 victim, but frequently savages the community shar9 ing the traits that caused the victim to be selected. 

10 (6) Such violence substantially affects interstate 

11 commerce in many ways, including— 

12 (A) by impeding the movement of members 

13 of targeted groups and forcing such members to 

14 move across State lines to escape the incidence 

15 or risk of such violence; and 

16 (B) by preventing members of targeted 

17 groups from purchasing goods and services, ob18 taining or sustaining employment, or partici19 pating in other commercial activity. 

20 (7) Perpetrators cross State lines to commit 

21 such violence. 

22 (8) Channels, facilities, and instrumentalities of 

23 interstate commerce are used to facilitate the com24 mission of such violence. 
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1 (9) Such violence is committed using articles 

2 that have traveled in interstate commerce. 

3 (10) For generations, the institutions of slavery 

4 and involuntary servitude were defined by the race, 

5 color, and ancestry of those held in bondage. Slavery 

6 and involuntary servitude were enforced, both prior 

7 to and after the adoption of the 13th amendment to 

8 the Constitution of the United States, through wide9 spread public and private violence directed at per10 sons because of their race, color, or ancestry, or per11 ceived race, color, or ancestry. Accordingly, elimi12 nating racially motivated violence is an important 

13 means of eliminating, to the extent possible, the 

14 badges, incidents, and relics of slavery and involun15 tary servitude. 

16 (11) Both at the time when the 13th, 14th, and 

17 15th amendments to the Constitution of the United 

18 States were adopted, and continuing to date, mem19 bers of certain religious and national origin groups 

20 were and are perceived to be distinct ‘‘races’’. Thus, 

21 in order to eliminate, to the extent possible, the 

22 badges, incidents, and relics of slavery, it is nec23 essary to prohibit assaults on the basis of real or 

24 perceived religions or national origins, at least to the 

25 extent such religions or national origins were re-
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1 garded as races at the time of the adoption of the 

2 13th, 14th, and 15th amendments to the Constitu3 tion of the United States. 

4 (12) Federal jurisdiction over certain violent 

5 crimes motivated by bias enables Federal, State, and 

6 local authorities to work together as partners in the 

7 investigation and prosecution of such crimes. 

8 (13) The problem of crimes motivated by bias 

9 is sufficiently serious, widespread, and interstate in 

10 nature as to warrant Federal assistance to States 

11 and local jurisdictions. 

12 SEC. 1003. DEFINITION OF HATE CRIME. 

13 In this title, the term ‘‘hate crime’’ has the same 

14 meaning as in section 280003(a) of the Violent Crime 

15 Control and Law Enforcement Act of 1994 (28 U.S.C. 

16 994 note). 

17 SEC. 1004. SUPPORT FOR CRIMINAL INVESTIGATIONS AND 

18 PROSECUTIONS BY STATE AND LOCAL LAW 

19 ENFORCEMENT OFFICIALS. 

20 (a) ASSISTANCE OTHER THAN FINANCIAL ASSIST21 ANCE.— 

22 (1) IN GENERAL.—At the request of a law en23 forcement official of a State or Indian tribe, the At24 torney General may provide technical, forensic, pros25 ecutorial, or any other form of assistance in the 
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1 criminal investigation or prosecution of any crime 

2 that— 

3 (A) constitutes a crime of violence (as de4 fined in section 16 of title 18, United States 

5 Code); 

6 (B) constitutes a felony under the laws of 

7 the State or Indian tribe; and 

8 (C) is motivated by prejudice based on the 

9 actual or perceived race, color, religion, national 

10 origin, gender, sexual orientation, gender iden11 tity, or disability of the victim, or is a violation 

12 of the hate crime laws of the State or Indian 

13 tribe. 

14 (2) PRIORITY.—In providing assistance under 

15 paragraph (1), the Attorney General shall give pri16 ority to crimes committed by offenders who have 

17 committed crimes in more than 1 State and to rural 

18 jurisdictions that have difficulty covering the ex19 traordinary expenses relating to the investigation or 

20 prosecution of the crime. 

21 (b) GRANTS.— 

22 (1) IN GENERAL.—The Attorney General may 

23 award grants to assist State, local, and Indian law 

24 enforcement officials with the extraordinary expenses 
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1 associated with the investigation and prosecution of 

2 hate crimes. 

3 (2) OFFICE OF JUSTICE PROGRAMS.—In imple4 menting the grant program, the Office of Justice 

5 Programs shall work closely with the funded juris6 dictions to ensure that the concerns and needs of all 

7 affected parties, including community groups and 

8 schools, colleges, and universities, are addressed 

9 through the local infrastructure developed under the 

10 grants. 

11 (3) APPLICATION.— 

12 (A) IN GENERAL.—Each State that desires 

13 a grant under this subsection shall submit an 

14 application to the Attorney General at such 

15 time, in such manner, and accompanied by or 

16 containing such information as the Attorney 

17 General shall reasonably require. 

18 (B) DATE FOR SUBMISSION.—Applications 

19 submitted pursuant to subparagraph (A) shall 

20 be submitted during the 60-day period begin21 ning on a date that the Attorney General shall 

22 prescribe. 

23 (C) REQUIREMENTS.—A State or political 

24 subdivision of a State or tribal official applying 

25 for assistance under this subsection shall— 
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1 (i) describe the extraordinary pur2 poses for which the grant is needed; 

3 (ii) certify that the State, political 

4 subdivision, or Indian tribe lacks the re5 sources necessary to investigate or pros6 ecute the hate crime; 

7 (iii) demonstrate that, in developing a 

8 plan to implement the grant, the State, po9 litical subdivision, or tribal official has con10 sulted and coordinated with nonprofit, non11 governmental victim services programs 

12 that have experience in providing services 

13 to victims of hate crimes; and 

14 (iv) certify that any Federal funds re15 ceived under this subsection will be used to 

16 supplement, not supplant, non-Federal 

17 funds that would otherwise be available for 

18 activities funded under this subsection. 

19 (4) DEADLINE.—An application for a grant 

20 under this subsection shall be approved or dis21 approved by the Attorney General not later than 30 

22 business days after the date on which the Attorney 

23 General receives the application. 
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1 (5) GRANT AMOUNT.—A grant under this sub2 section shall not exceed $100,000 for any single ju3 risdiction within a 1 year period. 

4 (6) REPORT.—Not later than December 31, 

5 2006, the Attorney General shall submit to Congress 

6 a report describing the applications submitted for 

7 grants under this subsection, the award of such 

8 grants, and the purposes for which the grant 

9 amounts were expended. 

10 (7) AUTHORIZATION OF APPROPRIATIONS.— 

11 There is authorized to be appropriated to carry out 

12 this subsection $5,000,000 for each of fiscal years 

13 2006 and 2007. 

14 SEC. 1005. GRANT PROGRAM. 

15 (a) AUTHORITY TO MAKE GRANTS.—The Office of 

16 Justice Programs of the Department of Justice shall 

17 award grants, in accordance with such regulations as the 

18 Attorney General may prescribe, to State and local pro19 grams designed to combat hate crimes committed by juve20 niles, including programs to train local law enforcement 

21 officers in identifying, investigating, prosecuting, and pre22 venting hate crimes. 

23 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated such sums as may be 

25 necessary to carry out this section. 
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1 SEC. 1006. AUTHORIZATION FOR ADDITIONAL PERSONNEL 

2 TO ASSIST STATE AND LOCAL LAW ENFORCE3 MENT. 

4 There are authorized to be appropriated to the De5 partment of Justice, including the Community Relations 

6 Service, for fiscal years 2006, 2007, and 2008 such sums 

7 as are necessary to increase the number of personnel to 

8 prevent and respond to alleged violations of section 249 

9 of title 18, United States Code, as added by section 1007. 

10 SEC. 1007. PROHIBITION OF CERTAIN HATE CRIME ACTS. 

11 (a) IN GENERAL.—Chapter 13 of title 18, United 

12 States Code, is amended by adding at the end the fol13 lowing: 

14 ‘‘§ 249. Hate crime acts 

15 ‘‘(a) IN GENERAL.— 

16 ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER17 CEIVED RACE, COLOR, RELIGION, OR NATIONAL ORI18 GIN.—Whoever, whether or not acting under color of 

19 law, willfully causes bodily injury to any person or, 

20 through the use of fire, a firearm, or an explosive or 

21 incendiary device, attempts to cause bodily injury to 

22 any person, because of the actual or perceived race, 

23 color, religion, or national origin of any person— 

24 ‘‘(A) shall be imprisoned not more than 10 

25 years, fined in accordance with this title, or 

26 both; and 
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1 ‘‘(B) shall be imprisoned for any term of 

2 years or for life, fined in accordance with this 

3 title, or both, if— 

4 ‘‘(i) death results from the offense; or 

5 ‘‘(ii) the offense includes kidnaping or 

6 an attempt to kidnap, aggravated sexual 

7 abuse or an attempt to commit aggravated 

8 sexual abuse, or an attempt to kill. 

9 ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER10 CEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEX11 UAL ORIENTATION, GENDER IDENTITY, OR DIS12 ABILITY.— 

13 ‘‘(A) IN GENERAL.—Whoever, whether or 

14 not acting under color of law, in any cir15 cumstance described in subparagraph (B), will16 fully causes bodily injury to any person or, 

17 through the use of fire, a firearm, or an explo18 sive or incendiary device, attempts to cause 

19 bodily injury to any person, because of the ac20 tual or perceived religion, national origin, gen21 der, sexual orientation, gender identity or dis22 ability of any person— 

23 ‘‘(i) shall be imprisoned not more 

24 than 10 years, fined in accordance with 

25 this title, or both; and 
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1 ‘‘(ii) shall be imprisoned for any term 

2 of years or for life, fined in accordance 

3 with this title, or both, if— 

4 ‘‘(I) death results from the of5 fense; or 

6 ‘‘(II) the offense includes kid7 naping or an attempt to kidnap, ag8 gravated sexual abuse or an attempt 

9 to commit aggravated sexual abuse, or 

10 an attempt to kill. 

11 ‘‘(B) CIRCUMSTANCES DESCRIBED.—For 

12 purposes of subparagraph (A), the cir13 cumstances described in this subparagraph are 

14 that— 

15 ‘‘(i) the conduct described in subpara16 graph (A) occurs during the course of, or 

17 as the result of, the travel of the defendant 

18 or the victim— 

19 ‘‘(I) across a State line or na20 tional border; or 

21 ‘‘(II) using a channel, facility, or 

22 instrumentality of interstate or for23 eign commerce; 

24 ‘‘(ii) the defendant uses a channel, fa25 cility, or instrumentality of interstate or 
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1 foreign commerce in connection with the 

2 conduct described in subparagraph (A); 

3 ‘‘(iii) in connection with the conduct 

4 described in subparagraph (A), the defend5 ant employs a firearm, explosive or incen6 diary device, or other weapon that has 

7 traveled in interstate or foreign commerce; 

8 or 

9 ‘‘(iv) the conduct described in sub10 paragraph (A)— 

11 ‘‘(I) interferes with commercial 

12 or other economic activity in which 

13 the victim is engaged at the time of 

14 the conduct; or 

15 ‘‘(II) otherwise affects interstate 

16 or foreign commerce. 

17 ‘‘(b) CERTIFICATION REQUIREMENT.—No prosecu18 tion of any offense described in this subsection may be 

19 undertaken by the United States, except under the certifi20 cation in writing of the Attorney General, the Deputy At21 torney General, the Associate Attorney General, or any 

22 Assistant Attorney General specially designated by the At23 torney General that— 

24 ‘‘(1) he or she has reasonable cause to believe 

25 that the actual or perceived race, color, religion, na-
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1 tional origin, gender, sexual orientation, gender iden2 tity, or disability of any person was a motivating 

3 factor underlying the alleged conduct of the defend4 ant; and 

5 ‘‘(2) he or his designee or she or her designee 

6 has consulted with State or local law enforcement of7 ficials regarding the prosecution and determined 

8 that— 

9 ‘‘(A) the State does not have jurisdiction 

10 or does not intend to exercise jurisdiction; 

11 ‘‘(B) the State has requested that the Fed12 eral Government assume jurisdiction; 

13 ‘‘(C) the State does not object to the Fed14 eral Government assuming jurisdiction; or 

15 ‘‘(D) the verdict or sentence obtained pur16 suant to State charges left demonstratively 

17 unvindicated the Federal interest in eradicating 

18 bias-motivated violence. 

19 ‘‘(c) DEFINITIONS.—In this section— 

20 ‘‘(1) the term ‘explosive or incendiary device’ 

21 has the meaning given the term in section 232 of 

22 this title; 

23 ‘‘(2) the term ‘firearm’ has the meaning given 

24 the term in section 921(a) of this title; and 
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1 ‘‘(3) the term ‘gender identity’ for the purposes 

2 of this chapter means actual or perceived gender-re3 lated characteristics. 

4 ‘‘(d) RULE OF EVIDENCE.—In a prosecution for an 

5 offense under this section, evidence of expression or asso6 ciations of the defendant may not be introduced as sub7 stantive evidence at trial, unless the evidence specifically 

8 relates to that offense. However, nothing in this section 

9 affects the rules of evidence governing impeachment of a 

10 witness.’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

12 The analysis for chapter 13 of title 18, United States 

13 Code, is amended by adding at the end the following: 

‘‘249. Hate crime acts.’’. 

14 SEC. 1008. STATISTICS. 

15 Subsection (b)(1) of the first section of the Hate 

16 Crimes Statistics Act (28 U.S.C. 534 note) is amended 

17 by inserting ‘‘gender and gender identity,’’ after ‘‘race,’’. 

18 SEC. 1009. SEVERABILITY. 

19 If any provision of this title, an amendment made by 

20 this title, or the application of such provision or amend21 ment to any person or circumstance is held to be unconsti22 tutional, the remainder of this Act, the amendments made 

23 by this Act, and the application of the provisions of such 
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1 to any person or circumstance shall not be affected there2 by. 

Passed the House of Representatives September 14, 

2005. 

Attest: JEFF TRANDAHL, 

Clerk. 

By GERASIMOS C. VANS, 

Deputy Clerk.