IB 

109TH CONGRESS 

1ST SESSION H. R. 3132 

[Report No. 109–218, Part 1] 

To make improvements to the national sex offender registration program, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 30, 2005 

Mr. SENSENBRENNER (for himself, Mr. GREEN of Wisconsin, Mr. DELAY, Mr. 

FOLEY, Mr. CHABOT, Mr. POE, Ms. GINNY BROWN-WAITE of Florida, 

Mr. GILLMOR, Mr. POMEROY, Mr. CRAMER, and Mr. GRAVES) introduced 

the following bill; which was referred to the Committee on the Judiciary, 

and in addition to the Committee on Ways and Means, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

SEPTEMBER 9, 2005 

Reported from the Committee on the Judiciary with an amendment 

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

SEPTEMBER 9, 2005 

Additional sponsors: Mr. ROYCE, Mr. PENCE, Mr. FRANKS of Arizona, Mr. 

FORBES, Mr. BURTON of Indiana, Mr. JINDAL, Mr. BACHUS, Mr. 

FEENEY, Mr. BOSWELL, Mr. BAKER, Miss MCMORRIS, Mr. JENKINS, 

Mr. KELLER, Mr. SMITH of Texas, Mr. PORTER, Mr. PETERSON of Minnesota, Mr. GALLEGLY, Mr. KENNEDY of Minnesota, Ms. HERSETH, Mr. 

BOUSTANY, Mr. TERRY, Mr. KUHL of New York, Ms. GRANGER, Mr. 

WILSON of South Carolina, Mr. SHAW, Ms. HART, Mr. GOODE, Mr. 

LATHAM, Mr. GARY G. MILLER of California, Ms. PRYCE of Ohio, Mr. 

GENE GREEN of Texas, Mr. OSBORNE, Mr. WOLF, Mr. REICHERT, Mr. 

REYNOLDS, Mrs. CAPITO, Mr. REHBERG, Mr. SMITH of New Jersey, Mr. 

CANNON, Mr. KLINE, Mr. CANTOR, Mr. ALEXANDER, Mr. ROSS, Mr. 

KING of New York, Mr. KING of Iowa, Mr. ROGERS of Alabama, Mr. 

CHANDLER, Mr. SCHIFF, Mr. WESTMORELAND, Ms. HARRIS, Mr. 

LOBIONDO, Mr. WELDON of Pennsylvania, Mr. SOUDER, Mr. PICKERING, 

Mr. COBLE, Mr. PRICE of Georgia, Mr. WHITFIELD, Mr. BOOZMAN, Mr. 

MCHUGH, Mrs. MILLER of Michigan, Mr. DAN LUNGREN of California, 

Mr. BOEHLERT, Ms. SCHAKOWSKY, Mr. PUTNAM, Mr. BARROW, Mr. GIB-
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BONS, Mr. WALDEN of Oregon, Mr. MOORE of Kansas, Mr. NORWOOD, 

Mr. FOSSELLA, Mr. MCINTYRE, Mr. RYAN of Wisconsin, Mr. MCCAUL

of Texas, Mr. HASTINGS of Washington, Ms. ZOE LOFGREN of California, 

Mr. CALVERT, Mr. SMITH of Washington, and Mr. SESSIONS

SEPTEMBER 9, 2005 

Committee on Ways and Means discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 

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

A BILL 

To make improvements to the national sex offender 

registration program, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Children’s Safety Act of 2005’’. 

6 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

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

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

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

Sec. 124. Immunity for good faith conduct. 

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

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

Sec. 127. Period for implementation by jurisdictions. 

Sec. 128. Failure to comply. 

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

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

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

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

Identification Index. 

Sec. 133. Limited immunity for National Center for Missing and Exploited Children with respect to CyberTipline. 

Subtitle B—Criminal law enforcement of registration requirements 

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

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

registration requirements. 

Sec. 153. Sex offender apprehension grants. 

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

Sec. 155. Repeal of predecessor sex offender program. 

TITLE II—DNA FINGERPRINTING 

Sec. 201. Short title. 

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

Sec. 203. Stopping Violent Predators Against Children. 

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

TITLE III—PREVENTION AND DETERRENCE OF CRIMES AGAINST 

CHILDREN ACT OF 2005 

Sec. 301. Short title. 

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

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

for killing a child. 

TITLE IV—PROTECTION AGAINST SEXUAL EXPLOITATION OF 

CHILDREN ACT OF 2005 

Sec. 401. Short title. 

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

TITLE V—FOSTER CHILD PROTECTION AND CHILD SEXUAL 

PREDATOR DETERRENCE 

Sec. 501. Short title. 

Sec. 502. Requirement to complete background checks before approval of any foster or adoptive placement and to check national crime information databases and state child abuse registries; suspension and 

subsequent elimination of opt-Out. 
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Sec. 503. Access to Federal crime information databases by child welfare agencies 

for certain purposes. 

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

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

Sec. 506. Penalties for sexual abuse. 

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

Sec. 508. Kidnapping penalties and jurisdiction. 

Sec. 509. Marital communication and adverse spousal privilege. 

Sec. 510. Abuse and neglect of Indian children. 

Sec. 511. Civil commitment. 

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

Sec. 513. Sexual abuse of wards. 

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

4 SEC. 101. SHORT TITLE. 

5 This title may be cited as the ‘‘Sex Offender Registra6 tion 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 reg11 istration of sex offenders: 

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

13 abducted in 1989 in Minnesota, and remains missing. 

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

15 was abducted, sexually assaulted and murdered in 

16 1994, in New Jersey. 

17 (3) Pam Lychner, who was 31 years old, was at18 tacked by a career offender in Houston, Texas. 
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1 (4) Jetseta Gage, who was 10 years old, was kid2 napped, sexually assaulted, and murdered in 2005 in 

3 Cedar Rapids, Iowa. 

4 (5) Dru Sjodin, who was 22 years old, was sexu5 ally assaulted and murdered in 2003, in North Da6 kota. 

7 (6) Jessica Lunsford, who was 9 years, was ab8 ducted, sexually assaulted, buried alive, and murdered 

9 in 2005, in Homosassa, Florida. 

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

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

12 (8) Amie Zyla, who was 8 years old, was sexu13 ally assaulted in 1996 by a juvenile offender in 

14 Waukesha, Wisconsin, and has become an advocate for 

15 child victims and protection of children from juvenile 

16 sex offenders. 

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

18 was abducted, sexually assaulted and murdered in 

19 1984, in Tempe, Arizona. 

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

21 old, was brutally attacked and murdered in a public 

22 restroom by a repeat sex offender in 2002, in Bridge23 water, Massachusetts. 
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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 means 

14 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 Somoa. 

20 (F) Northern Mariana Islands. 

21 (G) The United States Virgin Islands. 

22 (H) A federally recognized Indian tribe. 

23 (3) AMIE ZYLA EXPANSION OF SEX OFFENDER

24 DEFINITION.—The term ‘‘sex offender’’ means an in25 dividual who, either before or after the enactment of 
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1 this Act, was convicted of, or adjudicated a juvenile 

2 delinquent for, an offense (other than an offense in3 volving sexual conduct where the victim was at least 

4 13 years old and the offender was not more than 4 

5 years older than the victim and the sexual conduct 

6 was consensual, or an offense consisting of consensual 

7 sexual conduct with an adult) whether Federal, State, 

8 local, tribal, foreign (other than an offense based on 

9 conduct that would not be a crime if the conduct took 

10 place in the United States), military, juvenile or 

11 other, that is— 

12 (A) a specified offense against a minor; 

13 (B) a serious sex offense; or 

14 (C) a misdemeanor sex offense against a 

15 minor. 

16 (4) EXPANSION OF DEFINITION OF OFFENSE TO

17 INCLUDE ALL CHILD PREDATORS.—The term ‘‘speci18 fied offense against a minor’’ means an offense 

19 against a minor that involves any of the following: 

20 (A) Kidnapping (unless committed by a 

21 parent). 

22 (B) False imprisonment (unless committed 

23 by a parent). 

24 (C) Solicitation to engage in sexual con25 duct. 
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1 (D) Use in a sexual performance. 

2 (E) Solicitation to practice prostitution. 

3 (F) Possession, production, or distribution 

4 of child pornography. 

5 (G) Criminal sexual conduct towards a 

6 minor. 

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

8 sexual offense against a minor. 

9 (I) Any other offense designated by the At10 torney General for inclusion in this definition. 

11 (J) Any attempt or conspiracy to commit 

12 an offense described in this paragraph. 

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

14 means a criminal offense that has an element involv15 ing sexual act or sexual contact with another, or an 

16 attempt or conspiracy to commit such an offense. 

17 (6) SERIOUS SEX OFFENSE.—The term ‘‘serious 

18 sex offense’’ means— 

19 (A) a sex offense punishable under the law 

20 of a jurisdiction by imprisonment for more than 

21 one year; 

22 (B) any Federal offense under chapter 

23 109A, 110, 117, or section 1591 of title 18, 

24 United States Code; 
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1 (C) an offense in a category specified by the 

2 Secretary of Defense under section 115(a)(8)(C) 

3 of title I of Public Law 105–119 (10 U.S.C. 951 

4 note); 

5 (D) any other offense designated by the At6 torney General for inclusion in this definition. 

7 (7) MISDEMEANOR SEX OFFENSE AGAINST A

8 MINOR.— The term ‘‘misdemeanor sex offense against 

9 a minor’’ means a sex offense against a minor pun10 ishable by imprisonment for not more than one year. 

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

12 individual who enrolls or attends an educational in13 stitution, including (whether public or private) a sec14 ondary school, trade or professional school, and insti15 tution of higher education. 

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

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

18 other entity, whether compensated or not. 

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

20 respect to an individual, the location of the individ21 ual’s home or other place where the individual lives. 

22 (11) MINOR.—The term ‘‘minor’’ means an indi23 vidual who has not attained the age of 18 years. 
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1 SEC. 112. REGISTRY REQUIREMENTS FOR JURISDICTIONS. 

2 Each jurisdiction shall maintain a jurisdiction-wide 

3 sex offender registry conforming to the requirements of this 

4 title. The Attorney General shall issue and interpret guide5 lines to implement the requirements and purposes of this 

6 title. 

7 SEC. 113. REGISTRY REQUIREMENTS FOR SEX OFFENDERS. 

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

9 keep the registration current, in each jurisdiction where the 

10 offender resides, where the offender is an employee, and 

11 where the offender is a student. 

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

13 initially register— 

14 (1) before completing a sentence of imprisonment 

15 with respect to the offense giving rise to the registra16 tion requirement; or 

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

18 for that offense, if the sex offender is not sentenced to 

19 a term of imprisonment. 

20 (c) KEEPING THE REGISTRATION CURRENT.—A sex of21 fender must inform each jurisdiction involved, not later 

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

23 or student status. 

24 (d) RETROACTIVE DUTY TO REGISTER.—The Attorney 

25 General shall prescribe a method for the registration of sex 

26 offenders convicted before the enactment of this Act. 
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1 (e) STATE PENALTY FOR FAILURE TO COMPLY.—Each 

2 jurisdiction shall provide a criminal penalty, that includes 

3 a maximum term of imprisonment that is greater than one 

4 year, for the failure of a sex offender to comply with the 

5 requirements of this title. 

6 SEC. 114. INFORMATION REQUIRED IN REGISTRATION. 

7 (a) PROVIDED BY THE OFFENDER.—The sex offender 

8 must provide the following information to the appropriate 

9 official for inclusion in the sex offender registry: 

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

11 alias used by the individual). 

12 (2) The Social Security number of the sex of13 fender. 

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

15 which the sex offender resides or will reside. 

16 (4) The place where the sex offender is employed 

17 or will be employed. 

18 (5) The place where the sex offender is a student 

19 or will be a student. 

20 (6) The license plate number of any vehicle 

21 owned or operated by the sex offender. 

22 (7) A photograph of the sex offender. 

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

24 sex offender, if the appropriate official determines 
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1 that the jurisdiction does not already have available 

2 an accurate set. 

3 (9) A DNA sample of the sex offender, if the ap4 propriate official determines that the jurisdiction does 

5 not already have available an appropriate DNA sam6 ple. 

7 (10) Any other information required by the At8 torney General. 

9 (b) PROVIDED BY THE JURISDICTION.—The jurisdic10 tion in which the sex offender registers shall include the fol11 lowing information in the registry for that sex offender: 

12 (1) A statement of the facts of the offense giving 

13 rise to the requirement to register under this title. 

14 (2) The criminal history of the sex offender. 

15 (3) Any other information required by the Attor16 ney General. 

17 SEC. 115. DURATION OF REGISTRATION REQUIREMENT. 

18 A sex offender shall keep the registration current— 

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

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

21 offense, or a second misdemeanor sex offense against 

22 a minor; and 

23 (2) for a period of 20 years, in any other case. 
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1 SEC. 116. IN PERSON VERIFICATION. 

2 A sex offender shall appear in person and verify the 

3 information in each registry in which that offender is re4 quired to be registered not less frequently than once every 

5 six months. 

6 SEC. 117. DUTY TO NOTIFY SEX OFFENDERS OF REGISTRA7 TION REQUIREMENTS AND TO REGISTER. 

8 An appropriate official shall, shortly before release 

9 from custody of the sex offender, or, if the sex offender is 

10 not in custody, immediately after the sentencing of the sex 

11 offender, for the offense giving rise to the duty to register— 

12 (1) inform the sex offender of the duty to register 

13 and explain that duty; 

14 (2) require the sex offender to read and sign a 

15 form stating that the duty to register has been ex16 plained and that the sex offender understands the reg17 istration requirement; and 

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

19 SEC. 118. JESSICA LUNSFORD ADDRESS VERIFICATION 

20 PROGRAM. 

21 (a) ESTABLISHMENT.—There is established the Jessica 

22 Lunsford Address Verification Program (hereinafter in this 

23 section referred to as the ‘‘Program’’). 

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

25 official shall verify the residence of each registered sex of26 fender not less than monthly or, in the case of a sex offender 
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1 required to register because of a misdemeanor sex offense 

2 against a minor, not less than quarterly. 

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

4 verification may be achieved by mailing a nonforwardable 

5 verification form to the last known address of the sex of6 fender. The date of the mailing may be selected at random. 

7 The sex offender must return the form, including a nota8 rized signature, within a set period of time. A failure to 

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

10 for the purposes of this title. 

11 SEC. 119. NATIONAL SEX OFFENDER REGISTRY. 

12 The Attorney General shall maintain a national data13 base at the Federal Bureau of Investigation for each sex 

14 offender and other person required to register in a jurisdic15 tion’s sex offender registry. The database shall be known as 

16 the National Sex Offender Registry. 

17 SEC. 120. DRU SJODIN NATIONAL SEX OFFENDER PUBLIC 

18 WEBSITE. 

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

20 Sjodin National Sex Offender Public Website (hereinafter 

21 referred to as the ‘‘Website’’). 

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

23 General shall maintain the Website as a site on the Internet 

24 which allows the public to obtain relevant information for 
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1 each sex offender by a single query in a form established 

2 by the Attorney General. 

3 (c) ELECTRONIC FORWARDING.—The Attorney General 

4 shall ensure (through the National Sex Offender Registry 

5 or otherwise) that updated information about a sex offender 

6 is immediately transmitted by electronic forwarding to all 

7 relevant jurisdictions, unless the Attroney General deter8 mines that each jurisdiction has so modified its sex offender 

9 registry and notification program that there is no longer 

10 a need for the Attorney General to do. 

11 SEC. 121. PUBLIC ACCESS TO SEX OFFENDER INFORMATION 

12 THROUGH THE INTERNET. 

13 Each jurisdiction shall make available on the Internet 

14 all information about each sex offender in the registry, ex15 cept for the offender’s Social Security number, the identity 

16 of any victim, and any other information exempted from 

17 disclosure by the Attorney General. The jurisdiction shall 

18 provide this information in a manner that is readily acces19 sible to the public. 

20 SEC. 122. MEGAN NICOLE KANKA AND ALEXANDRA NICOLE 

21 ZAPP COMMUNITY NOTIFICATION PROGRAM. 

22 (a) ESTABLISHMENT OF PROGRAM.—There is estab23 lished the Megan Nicole Kanka and Alexandra Nicole Zapp 

24 Community Program (hereinafter in this section referred 

25 to as the ‘‘Program’’). 
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1 (b) NOTIFICATION.—In the Program, as soon as pos2 sible, and in any case not later than 5 days after a sex 

3 offender registers or updates a registration, an appropriate 

4 official in the jurisdiction shall provide the information in 

5 the registry (other than information exempted from disclo6 sure by the Attorney General) about that offender to the 

7 following: 

8 (1) The Attorney General, who shall include that 

9 information in the National Sex Offender Registry. 

10 (2) Appropriate law enforcement agencies (in11 cluding probation agencies, if appropriate), and each 

12 school and public housing agency, in each area in 

13 which the individual resides, is employed, or is a stu14 dent. 

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

16 of residence, work, or student status occurs. 

17 (4) Any agency responsible for conducting em18 ployment-related background checks under section 3 of 

19 the National Child Protection Act of 1993 (42 U.S.C. 

20 5119a). 

21 (5) Social service entities responsible for pro22 tecting minors in the child welfare system. 

23 (6) Volunteer organizations in which contact 

24 with minors or other vulnerable individuals might 

25 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 agen5 cies of any failure by a sex offender to comply with the 

6 requirements of a registry. The appropriate official, the At7 torney General, and each such State and local law 

8 enforcment agency shall take any appropriate action to en9 sure compliance. 

10 SEC. 124. IMMUNITY FOR GOOD FAITH CONDUCT. 

11 Law enforcement agencies, employees of law enforce12 ment agencies and independent contractors acting at the 

13 direction of such agencies, and officials of jurisdictions and 

14 other political subdivisions shall not be civilly or criminally 

15 liable for good faith conduct under this title. 

16 SEC. 125. DEVELOPMENT AND AVAILABILITY OF REGISTRY 

17 MANAGEMENT SOFTWARE. 

18 The Attorney General shall develop and support soft19 ware for use to establish, maintain, publish, and share sex 

20 offender registries. 

21 SEC. 126. FEDERAL DUTY WHEN STATE PROGRAMS NOT 

22 MINIMALLY SUFFICIENT. 

23 If the Attorney General determines that a jurisdiction 

24 does not have a minimally sufficient sex offender registra25 tion program, the Department of Justice shall, to the extent 
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1 practicable, carry out the duties imposed on that jurisdic2 tion by this title. 

3 SEC. 127. PERIOD FOR IMPLEMENTATION BY JURISDIC4 TIONS. 

5 Each jurisdiction shall implement this title not later 

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

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

8 extension of the deadline. 

9 SEC. 128. FAILURE TO COMPLY. 

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

11 of the period for implementation, a jurisdiction that fails 

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

13 funds that would otherwise be allocated for that fiscal year 

14 to the jurisdiction under each of the following programs: 

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

16 Omnibus Crime Control and Safe Streets Act of 1968 

17 (42 U.S.C. 3750 et seq.), whether characterized as the 

18 Edward Byrne Memorial State and Local Law En19 forcement Assistance Programs, the Edward Byrne 

20 Memorial Justice Assistance Grant Program, or oth21 erwise. 

22 (2) LLEBG.—The Local Government Law En23 forcement Block Grants program. 

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

25 program referred to in paragraph (1) to a jurisdiction for 
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1 failure to fully implement this title shall be reallocated 

2 under that program to jurisdictions that have not failed 

3 to implement this title. 

4 SEC. 129. SEX OFFENDER MANAGEMENT ASSISTANCE 

5 (SOMA) PROGRAM. 

6 (a) IN GENERAL.—The Attorney General shall estab7 lish and implement a Sex Offender Management Assistance 

8 program (in this title referred to as the ‘‘SOMA program’’) 

9 under which the Attorney General may award a grant to 

10 a jurisdiction to offset the costs of implementing this title. 

11 (b) APPLICATION.—The chief executive of a jurisdic12 tion shall, on an annual basis, submit to the Attorney Gen13 eral an application in such form and containing such infor14 mation as the Attorney General may require. 

15 (c) BONUS PAYMENTS FOR PROMPT COMPLIANCE.—A 

16 jurisdiction that, as determined by the Attorney General, 

17 has implemented this title not later than two years after 

18 the date of the enactment of this Act is eligible for a bonus 

19 payment. Such payment shall be made under the SOMA 

20 program for the first fiscal year beginning after that deter21 mination. The amount of the payment shall be— 

22 (1) 10 percent of the total received by the juris23 diction under the SOMA program for the preceding 

24 fiscal year, if implementation is not later than one 

25 year after the date of enactment of this Act; and 
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1 (2) 5 percent of such total, if not later than two 

2 years after that date. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi4 tion to any amounts otherwise authorized to be appro5 priated, there are authorized to be appropriated such sums 

6 as may be necessary to the Attorney General, to be available 

7 only for the SOMA program, for fiscal years 2006 through 

8 2008. 

9 SEC. 130. DEMONSTRATION PROJECT FOR USE OF ELEC10 TRONIC MONITORING DEVICES. 

11 (a) PROJECT REQUIRED.—The Attorney General shall 

12 carry out a demonstration project under which the Attorney 

13 General makes grants to jurisdictions to demonstrate the 

14 extent to which electronic monitoring devices can be used 

15 effectively in a sex offender management program. 

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

17 amounts under this section directly, or through arrange18 ments with public or private entities, to carry out programs 

19 under which the whereabouts of sex offenders are monitored 

20 by electronic monitoring devices. 

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

22 may participate in the demonstration project at any one 

23 time. 
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1 (d) FACTORS.—In selecting jurisdictions to participate 

2 in the demonstration project, the Attorney General shall 

3 consider the following factors: 

4 (1) The total number of sex offenders in the ju5 risdiction. 

6 (2) The percentage of those sex offenders who fail 

7 to comply with registration requirements. 

8 (3) The threat to public safety posed by those sex 

9 offenders who fail to comply with registration require10 ments. 

11 (4) Any other factor the Attorney General con12 siders appropriate. 

13 (e) DURATION.—The Attorney General shall carry out 

14 the demonstration project for fiscal years 2007, 2008, and 

15 2009. 

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

17 Congress an annual report on the demonstration project. 

18 Each such report shall describe the activities carried out 

19 by each participant, assess the effectiveness of those activi20 ties, and contain any other information or recommenda21 tions that the Attorney General considers appropriate. 

22 (g) AUTHORIZATION OF APPROPRIATIONS.—There are 

23 authorized to be appropriated to carry out this section such 

24 sums as may be necessary. 
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1 SEC. 131. BONUS PAYMENTS TO STATES THAT IMPLEMENT 

2 ELECTRONIC MONITORING. 

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

4 the date of the enactment of this Act, has in effect laws and 

5 policies described in subsection (b) shall be eligible for a 

6 bonus payment described in subsection (c), to be paid by 

7 the Attorney General from any amounts available to the 

8 Attorney General for such purpose. 

9 (b) ELECTRONIC MONITORING LAWS AND POLICIES.— 

10 (1) IN GENERAL.—Laws and policies referred to 

11 in subsection (a) are laws and policies that ensure 

12 that electronic monitoring is required of a person if 

13 that person is released after being convicted of a State 

14 sex offense in which an individual who has not at15 tained the age of 18 years is the victim. 

16 (2) MONITORING REQUIRED.—The monitoring 

17 required under paragraph (1) is a system that ac18 tively monitors and identifies the person’s location 

19 and timely reports or records the person’s presence 

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

21 or the person’s departure from specified geographic 

22 limitations. 

23 (3) DURATION.—The electronic monitoring re24 quired by paragraph (1) shall be required of the per25 son— 

26 (A) for the life of the person, if— 
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1 (i) an individual who has not attained 

2 the age of 12 years is the victim; or 

3 (ii) the person has a prior sex convic4 tion (as defined in section 3559(e) of title 

5 18, United States Code); and 

6 (B) for the period during which the person 

7 is on probation, parole, or supervised release for 

8 the offense, in any other case. 

9 (4) STATE REQUIRED TO MONITOR ALL SEX OF10 FENDERS RESIDING IN STATE.—In addition, laws 

11 and policies referred to in subsection (a) also includee 

12 laws and policies that ensure that the State frequently 

13 monitors each person residing in the State for whom 

14 electronic monitoring is required, whether such moni15 toring is required under this section or under section 

16 3563(a)(9) of title 18, United States Code. 

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

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

19 the funds that would otherwise be allocated for that fiscal 

20 year to the jurisdiction under each of the following pro21 grams: 

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

23 Omnibus Crime Control and Safe Streets Act of 1968 

24 (42 U.S.C. 3750 et seq.), whether characterized as the 

25 Edward Byrne Memorial State and Local Law En-
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1 forcement Assistance Programs, the Edward Byrne 

2 Memorial Justice Assistance Grant Program, or oth3 erwise. 

4 (2) LLEBG.—The Local Government Law En5 forcement Block Grants program. 

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

7 offense’’ means any criminal offense in a range of offenses 

8 specified by State law which is comparable to or which ex9 ceeds the range of offenses encompassed by the following: 

10 (1) A specified offense against a minor. 

11 (2) A serious sex offense. 

12 SEC. 132. NATIONAL CENTER FOR MISSING AND EXPLOITED 

13 CHILDREN ACCESS TO INTERSTATE IDENTI14 FICATION INDEX. 

15 (a) IN GENERAL.—Notwithstanding any other provi16 sion of law, the Attorney General shall ensure that the Na17 tional Center for Missing and Exploited Children has access 

18 to the Interstate Identification Index, to be used by the Cen19 ter only within the scope of its duties and responsibilities 

20 under Federal law. The access provided under this section 

21 shall be authorized only to personnel of the Center that have 

22 met all the requirements for access, including training, cer23 tification, and background screening. 

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

25 civilly or criminally liable for any use or misuse of infor-
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1 mation in the Interstate Identification Index if in good 

2 faith. 

3 SEC. 133. LIMITED IMMUNITY FOR NATIONAL CENTER FOR 

4 MISSING AND EXPLOITED CHILDREN WITH 

5 RESPECT TO CYBERTIPLINE. 

6 Section 227 of the Victims of Child Abuse Act of 1990 

7 (42 U.S.C. 13032) is amended by adding at the end the 

8 following new subsection: 

9 ‘‘(g) LIMITATION ON LIABILITY.— 

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graphs (2) and (3), the National Center for Missing 

12 and Exploited Children, including any of its direc13 tors, officers, employees, or agents, is not liable in any 

14 civil or criminal action for damages directly related 

15 to the performance of its CyberTipline responsibilities 

16 and functions as defined by this section. 

17 ‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS18 CONDUCT.—Paragraph (1) does not apply in an ac19 tion in which a party proves that the National Center 

20 for Missing and Exploited Children, or its officer, em21 ployee, or agent as the case may be, engaged in inten22 tional misconduct or acted, or failed to act, with ac23 tual malice, with reckless disregard to a substantial 

24 risk of causing injury without legal justification, or 
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1 for a purpose unrelated to the performance of respon2 sibilities or functions under this section. 

3 ‘‘(3) ORDINARY BUSINESS ACTIVITIES.—Para4 graph (1) does not apply to an act or omission re5 lated to an ordinary business activity, such as an ac6 tivity involving general administration or operations, 

7 the use of motor vehicles, or personnel management.’’. 

8 Subtitle B—Criminal Law Enforce9 ment of Registration Require10 ments 

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

12 CODE, RELATING TO SEX OFFENDER REG13 ISTRATION. 

14 (a) CRIMINAL PENALTIES FOR NONREGISTRATION.— 

15 Part I of title 18, United States Code, is amended by insert16 ing after chapter 109A the following: 

17 ‘‘CHAPTER 109B—SEX OFFENDER AND 

18 CRIMES AGAINST CHILDREN REGISTRY 

‘‘Sec. 

‘‘2250. Failure to register. 

19 ‘‘§ 2250. Failure to register 

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

21 person is required to register under the Sex Offender Reg22 istration and Notification Act and— 
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1 ‘‘(1) is a sex offender as defined for the purposes 

2 of that Act by reason of a conviction under Federal 

3 law; or 

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

5 commerce, or enters or leaves Indian country; 

6 and knowingly fails to register as required shall be fined 

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

8 more than 20 years.’’. 

9 (b) CLERICAL AMENDMENT.—The table of chapters for 

10 part I of title 18, United States Code, is amended by insert11 ing after the item relating to chapter 109A the following 

12 new item: 

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

13 (c) FALSE STATEMENT OFFENSE.—Section 1001(a) of 

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

15 end the following: ‘‘If the matter relates to an offense under 

16 chapter 109A, 109B, 110, or 117, then the term of imprison17 ment imposed under this section shall be not less than 5 

18 years nor more than 20 years.’’ 

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

20 title 18, United States Code, is amended to read as follows: 

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

22 Sex Offender Registration and Notification Act, that 

23 the person comply with the requirements of that Act; 

24 and’’. 
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1 (e) SUPERVISED RELEASE.—Section 3583 of title 18, 

2 United States Code, is amended— 

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

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

5 of supervised release for a person described in section 

6 4042(c)(4)’’, by striking ‘‘described in section 

7 4042(c)(4)’’ and all that follows through the end of the 

8 sentence and inserting ‘‘required to register under the 

9 Sex Offender Registration and Notification Act that 

10 the person comply with the requirements of that Act.’’ 

11 (2) in subsection (k)— 

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

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

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

15 ‘‘any term of years’’; and 

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

17 a defendant required to register under the Sex 

18 Offender Registration and Notification Act vio19 lates the requirements of that Act or commits 

20 any criminal offense for which imprisonment for 

21 a term longer than one year can be imposed, the 

22 court shall revoke the term of supervised release 

23 and require the defendant to serve a term of im24 prisonment under subsection (e)(3) without re25 gard to the exception contained therein. Such 
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1 term shall be not less than 5 years, and if the 

2 offense was an offense under chapter 109A, 109B, 

3 110, or 117, not less than 10 years.’’ . 

4 (f) DUTIES OF BUREAU OF PRISONS.—Paragraph (3) 

5 of section 4042(c) of title 18, United States Code, is amend6 ed to read as follows: 

7 ‘‘(3) The Director of the Bureau of Prisons shall in8 form a person who is released from prison and required 

9 to register under the Sex Offender Registration and Notifi10 cation Act of the requirements of that Act as they apply 

11 to that person and the same information shall be provided 

12 to a person sentenced to probation by the probation officer 

13 responsible for supervision of that person.’’. 

14 (g) CONFORMING AMENDMENT OF CROSS REF15 ERENCE.—Paragraph (1) of section 4042(c) of title 18, 

16 United States Code, is amended by striking ‘‘(4)’’ and in17 serting ‘‘(3)’’. 

18 (h) CONFORMING REPEAL OF DEADWOOD.—Para19 graph (4) of section 4042(c) of title 18, United States Code, 

20 is repealed. 

21 SEC. 152. INVESTIGATION BY UNITED STATES MARSHALS 

22 OF SEX OFFENDER VIOLATIONS OF REG23 ISTRATION REQUIREMENTS. 

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

25 authority provided in section 566(e)(1)(B) of title 28, 
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1 United States Code, to assist States and other jurisdictions 

2 in locating and apprehending sex offenders who violate sex 

3 offender registration requirements. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

5 authorized to be appropriated such sums as may be nec6 essary for fiscal years 2006 through 2008 to implement this 

7 section. 

8 SEC. 153. SEX OFFENDER APPREHENSION GRANTS. 

9 Title I of the Omnibus Crime Control and Safe Streets 

10 Act of 1968 is amended by adding at the end the following 

11 new part: 

12 ‘‘PART JJ—SEX OFFENDER APPREHENSION 

13 GRANTS 

14 ‘‘SEC. 3011. AUTHORITY TO MAKE SEX OFFENDER APPRE15 HENSION GRANTS. 

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

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

18 to States, units of local government, Indian tribal govern19 ments, other public and private entities, and multi-jurisdic20 tional or regional consortia thereof for activities specified 

21 in subsection (b). 

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

23 subsection (a) is any program, project, or other activity to 

24 assist a State in enforcing sex offender registration require25 ments. 
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1 ‘‘SEC. 3012. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There are authorized to be appropriated such sums 

3 as may be necessary for fiscal years 2006 through 2008 to 

4 carry out this part.’’. 

5 SEC. 154. USE OF ANY CONTROLLED SUBSTANCE TO FACILI6 TATE SEX OFFENSE. 

7 (a) INCREASED PUNISHMENT.—Chapter 109A of title 

8 18, United States Code, is amended by adding at the end 

9 the following: 

10 ‘‘§ 2249. Use of any controlled substance to facilitate 

11 sex offense 

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

13 to substantially impair the ability of a person to appraise 

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

15 than an offense where such use is an element of the offense, 

16 shall, in addition to the punishment provided for the sex 

17 offense, be imprisoned for any term of years not less than 

18 10, or for life. 

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

20 means an offense under this chapter other than an offense 

21 under this section.’’. 

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

23 the beginning of chapter 109A of title 18, United States 

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

25 item: 

‘‘2249. Use of any controlled substance to facilitate sex offense.’’. 
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1 SEC. 155. REPEAL OF PREDECESSOR SEX OFFENDER PRO2 GRAM. 

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

4 U.S.C. 14072) of the Violent Crime Control and Law En5 forcement Act of 1994, and section 8 of the Pam Lychner 

6 Sexual Offender Tracking and Identification Act of 1996 

7 (42 U.S.C. 14073), are repealed. 

8 TITLE II—DNA FINGERPRINTING 

9 SEC. 201. SHORT TITLE. 

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

11 Act of 2005’’. 

12 SEC. 202. EXPANDING USE OF DNA TO IDENTIFY AND PROS13 ECUTE SEX OFFENDERS. 

14 (a) EXPANSION OF NATIONAL DNA INDEX SYSTEM.— 

15 Section 210304 of the DNA Identification Act of 1994 (42 

16 U.S.C. 14132) is amended— 

17 (1) in subsection (a)(1)(C), by striking ‘‘, pro18 vided’’ and all that follows through ‘‘System’’; and 

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

20 (b) DNA SAMPLE COLLECTION FROM PERSONS AR21 RESTED OR DETAINED UNDER FEDERAL AUTHORITY.— 

22 (1) IN GENERAL.—Section 3 of the DNA Anal23 ysis Backlog Elimination Act of 2000 (42 U.S.C. 

24 14135a) is amended 

25 (A) in subsection (a)— 
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1 (i) in paragraph (1), by striking ‘‘The 

2 Director’’ and inserting the following: 

3 ‘‘(A) The Attorney General may, as pro4 vided by the Attorney General by regulation, col5 lect DNA samples from individuals who are ar6 rested, detained, or convicted under the authority 

7 of the United States. The Attorney General may 

8 delegate this function within the Department of 

9 Justice as provided in section 510 of title 28, 

10 United States Code, and may also authorize and 

11 direct any other agency of the United States that 

12 arrests or detains individuals or supervises indi13 viduals facing charges to carry out any function 

14 and exercise any power of the Attorney General 

15 under this section. 

16 ‘‘(B) The Director’’; and 

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

18 striking ‘‘Director of the Bureau of Prisons’’ 

19 each place it appears and inserting ‘‘Attor20 ney General, the Director of the Bureau of 

21 Prisons,’’; and 

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

23 of the Bureau of Prisons’’ and inserting ‘‘Attor24 ney General, the Director of the Bureau of Pris25 ons,’’. 
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1 (2) CONFORMING AMENDMENT.—Subsections (b) 

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

3 States Code, are each amended by inserting ‘‘and sub4 ject to the condition that the person cooperate in the 

5 collection of a DNA sample from the person if the col6 lection of such a sample is authorized pursuant to 

7 section 3 of the DNA Analysis Backlog Elimination 

8 Act of 2000 (42 U.S.C. 14135a)’’ after ‘‘period of re9 lease’’. 

10 (c) TOLLING OF STATUTE OF LIMITATIONS IN SEXUAL

11 ABUSE CASES.—Section 3297 of title 18, United States 

12 Code, is amended by striking ‘‘except for a felony offense 

13 under chapter 109A,’’. 

14 SEC. 203. STOPPING VIOLENT PREDATORS AGAINST CHIL15 DREN. 

16 In carrying out Acts of Congress relating to DNA 

17 databases, the Attorney General shall give appropriate con18 sideration to the need for the collection and testing of DNA 

19 to stop violent predators against children. 

20 SEC. 204. MODEL CODE ON INVESTIGATING MISSING PER21 SONS AND DEATHS. 

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

23 after the date of the enactment of this Act, the Attorney 

24 General shall publish a model code setting forth procedures 

25 to be followed by law enforcement officers when inves-
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1 tigating a missing person or a death. The procedures shall 

2 include the use of DNA analysis to help locate missing per3 sons and to help identify human remains. 

4 (b) SENSE OF CONGRESS.—It is the sense of Congress 

5 that each State should, not later than 1 year after the date 

6 on which the Attorney General publishes the model code, 

7 enact laws implementing the model code. 

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

9 on which the Attorney General publishes the model code, 

10 the Comptroller General shall submit to Congress a report 

11 on the extent to which States have implemented the model 

12 code. The report shall, for each State— 

13 (1) describe the extent to which the State has im14 plemented the model code; and 

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

16 the model code, describe the reasons why the State has 

17 not done so. 

18 TITLE III—PREVENTION AND DE19 TERRENCE OF CRIMES 

20 AGAINST CHILDREN ACT OF 

21 2005 

22 SEC. 301. SHORT TITLE. 

23 This title may be cited as the ‘‘Prevention and Deter24 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 IMPRISONMENT

7 FOR VIOLENT CRIMES AGAINST CHILDREN.—A person who 

8 is convicted of a felony crime of violence against the person 

9 of an individual who has not attained the age of 18 years 

10 shall, unless a greater mandatory minimum sentence of im11 prisonment is otherwise provided by law and regardless of 

12 any maximum term of imprisonment otherwise provided 

13 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 years, 

16 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 and 

2 in relation to the crime of violence, be imprisoned for 

3 life or for any term of years not less than 15; and 

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

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

6 SEC. 303. ENSURING FAIR AND EXPEDITIOUS FEDERAL COL7 LATERAL REVIEW OF CONVICTIONS FOR KILL8 ING A CHILD. 

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

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

11 following: 

12 ‘‘(j)(1) A court, justice, or judge shall not have jurisdic13 tion to consider any claim relating to the judgment or sen14 tence in an application described under paragraph (2), un15 less the applicant shows that the claim qualifies for consid16 eration on the grounds described in subsection (e)(2). Any 

17 such application that is presented to a court, justice, or 

18 judge other than a district court shall be transferred to the 

19 appropriate district court for consideration or dismissal in 

20 conformity with this subsection, except that a court of ap21 peals panel must authorize any second or successive appli22 cation in conformity with section 2244 before any consider23 ation by the district court. 

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

25 writ of habeas corpus on behalf of a person in custody pur-
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1 suant to the judgment of a State court for a crime that 

2 involved the killing of a individual who has not attained 

3 the age of 18 years. 

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

5 the following requirements shall apply in the district court: 

6 ‘‘(A) Any motion by either party for an evi7 dentiary hearing shall be filed and served not later 

8 than 90 days after the State files its answer or, if no 

9 timely answer is filed, the date on which such answer 

10 is due. 

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

12 shall be granted or denied not later than 30 days 

13 after the date on which the party opposing such mo14 tion files a pleading in opposition to such motion or, 

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

16 on which such pleading in opposition is due. 

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

18 ‘‘(i) convened not less than 60 days after the 

19 order granting such hearing; and 

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

21 after the order granting such hearing. 

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

23 granting or denying the application for a writ of ha24 beas corpus, not later than 15 months after the date 

25 on which the State files its answer or, if no timely 
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1 answer is filed, the date on which such answer is due, 

2 or not later than 60 days after the case is submitted 

3 for decision, whichever is earlier. 

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

5 requirements of this paragraph, the State may peti6 tion the court of appeals for a writ of mandamus to 

7 enforce the requirements. The court of appeals shall 

8 grant or deny the petition for a writ of mandamus 

9 not later than 30 days after such petition is filed with 

10 the court. 

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

12 the following requirements shall apply in the court of ap13 peals: 

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

15 order issuing a writ of habeas corpus shall operate as 

16 a stay of that order pending final disposition of the 

17 appeal. 

18 ‘‘(B) The court of appeals shall decide the appeal 

19 from an order granting or denying a writ of habeas 

20 corpus— 

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

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

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

24 brief is due; or 
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1 ‘‘(ii) if a cross-appeal is filed, not later 

2 than 120 days after the date on which the appel3 lant files a brief in response to the issues pre4 sented by the cross-appeal or, if no timely brief 

5 is filed, the date on which such brief is due. 

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

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

8 for panel rehearing is not allowed, but rehearing by 

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

10 court of appeals shall decide whether to grant a peti11 tion for rehearing en banc not later than 30 days 

12 after the date on which the petition is filed, unless a 

13 response is required, in which case the court shall de14 cide whether to grant the petition not later than 30 

15 days after the date on which the response is filed or, 

16 if no timely response is filed, the date on which the 

17 response is due. 

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

19 of appeals shall make a final determination of the ap20 peal not later than 120 days after the date on which 

21 the order granting rehearing en banc is entered. 

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

23 the requirements of this paragraph, the State may pe24 tition the Supreme Court or a justice thereof for a 

25 writ of mandamus to enforce the requirements. 
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1 ‘‘(5)(A) The time limitations under paragraphs (3) 

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

3 paragraph (2), any second or successive application de4 scribed in paragraph (2), and any redetermination of an 

5 application described in paragraph (2) or related appeal 

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

7 Court for further proceedings. 

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

9 court, time limits running from the time the State files its 

10 answer under paragraph (3) shall run from the date the 

11 remand is ordered if further briefing is not required in the 

12 district court. If there is further briefing following remand 

13 in the district court, such time limits shall run from the 

14 date on which a responsive brief is filed or, if no timely 

15 responsive brief is filed, the date on which such brief is due. 

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

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

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

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

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

21 paragraph (4)(B) shall run from the date on which a re22 sponsive brief is filed or, if no timely responsive brief is 

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

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

25 a time limitation under this subsection shall not be a 
42 

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1 ground for granting relief from a judgment of conviction 

2 or sentence, nor shall the time limitations under this sub3 section be construed to entitle a capital applicant to a stay 

4 of execution, to which the applicant would otherwise not 

5 be entitled, for the purpose of litigating any application 

6 or appeal.’’. 

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

8 3771(b) of title 18, United States Code, is amended by add9 ing at the end the following: ‘‘The rights established for 

10 crime victims by this section shall also be extended in a 

11 Federal habeas corpus proceeding arising out of a State 

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

13 (c) APPLICATION TO PENDING CASES.— 

14 (1) IN GENERAL.—The amendment made by this 

15 section apply to cases pending on the date of the en16 actment of this Act as well as to cases commenced on 

17 and after that date. 

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

19 pending on the date of the enactment of this Act, if 

20 the amendment made by subsection (a) provides that 

21 a time limit runs from an event or time that has oc22 curred before that date, the time limit shall instead 

23 run from that date. 
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1 TITLE IV—PROTECTION AGAINST 

2 SEXUAL EXPLOITATION OF 

3 CHILDREN ACT OF 2005 

4 SEC. 401. SHORT TITLE. 

5 This title may be cited as the ‘‘Protection Against Sex6 ual Exploitation of Children Act of 2005’’. 

7 SEC. 402. INCREASED PENALTIES FOR SEXUAL OFFENSES 

8 AGAINST CHILDREN. 

9 (a) SEXUAL ABUSE AND CONTACT.— 

10 (1) AGGRAVATED SEXUAL ABUSE OF CHIL11 DREN.—Section 2241(c) of title 18, United States 

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

13 term of years or life, or both.’’ and inserting ‘‘and im14 prisoned for not less than 30 years or for life.’’. 

15 (2) ABUSIVE SEXUAL CONTACT WITH CHIL16 DREN.—Section 2244 of chapter 109A of title 18, 

17 United States Code, is amended— 

18 (A) in subsection (a)— 

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

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

21 2241’’; 

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

23 paragraph (3); 

24 (iii) by striking the period at the end 

25 of paragraph (4) and inserting ‘‘; or’’; and 
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1 (iv) by inserting after paragraph (4) 

2 the following: 

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

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

5 fined under this title and imprisoned for not less than 

6 10 years and not more than 25 years.’’; and 

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

8 than subsection (a)(5))’’ after ‘‘violates this sec9 tion’’. 

10 (3) SEXUAL ABUSE OF CHILDREN RESULTING IN

11 DEATH.—Section 2245 of title 18, United States 

12 Code, is amended— 

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

14 117, or section 1591’’ after ‘‘this chapter’’; 

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

16 ‘‘(a) IN GENERAL.—A person’’; and 

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

18 ‘‘(b) OFFENSES INVOLVING YOUNG CHILDREN.—A per19 son who, in the course of an offense under this chapter, 

20 chapter 110, chapter 117, or section 1591 engages in con21 duct that results in the death of a person who has not at22 tained the age of 12 years, shall be punished by death or 

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

24 (4) DEATH PENALTY AGGRAVATING FACTOR.— 

25 Section 3592(c)(1) of title 18, United States Code, is 
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1 amended by inserting ‘‘section 2245 (sexual abuse re2 sulting in death),’’ after ‘‘(wrecking trains),’’. 

3 (b) SEXUAL EXPLOITATION AND OTHER ABUSE OF

4 CHILDREN.— 

5 (1) SEXUAL EXPLOITATION OF CHILDREN.—Sec6 tion 2251(e) of title 18, United States Code, is 

7 amended— 

8 (A) by striking ‘‘15 years nor more than 30 

9 years’’ and inserting ‘‘25 years or for life’’; 

10 (B) by inserting ‘‘section 1591,’’ after ‘‘this 

11 chapter,’’ the first place it appears; 

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

13 children’’ the first place it appears and inserting 

14 ‘‘aggravated sexual abuse, sexual abuse, abusive 

15 sexual contact involving a minor or ward, or sex 

16 trafficking of children, or the production, posses17 sion, receipt, mailing, sale, distribution, ship18 ment, or transportation of child pornography’’; 

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

20 more than 50 years, but if such person has 2 or 

21 more prior convictions under this chapter, chap22 ter 71, chapter 109A, or chapter 117, or under 

23 section 920 of title 10 (article 120 of the Uni24 form Code of Military Justice), or under the laws 

25 of any State relating to the sexual exploitation 
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1 of children, such person shall be fined under this 

2 title and imprisoned not less than 35 years nor 

3 more than life.’’ and inserting ‘‘life.’’; and 

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

5 life’’ and inserting ‘‘not less than 30 years or for 

6 life’’. 

7 (2) ACTIVITIES RELATING TO MATERIAL INVOLV8 ING THE SEXUAL EXPLOITATION OF CHILDREN.—Sec9 tion 2252(b) of title 18, United States Code, is 

10 amended— 

11 (A) in paragraph (1)— 

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

13 inserting ‘‘paragraph (1)’’; 

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

15 ‘‘this chapter,’’; 

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

17 of children’’ after ‘‘pornography’’; 

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

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

20 for life’’; and 

21 (v) by striking ‘‘not less than 15 years 

22 nor more than 40 years.’’ and inserting 

23 ‘‘life.’’; and 

24 (B) in paragraph (2)— 
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1 (i) by striking ‘‘or imprisoned not 

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

3 imprisoned for not less than 10 nor more 

4 than 30 years’’; 

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

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

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

8 for life.’’. 

9 (3) ACTIVITIES RELATING TO MATERIAL CONSTI10 TUTING OR CONTAINING CHILD PORNOGRAPHY.—Sec11 tion 2252A(b) of title 18, United States Code, is 

12 amended— 

13 (A) in paragraph (1)— 

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

15 ‘‘this chapter,’’; 

16 (ii) by inserting ‘‘, or sex trafficking of 

17 children’’ after ‘‘pornography’’; 

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

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

20 for life’’; and 

21 (iv) by striking ‘‘not less than 15 years 

22 nor more than 40 years’’ and inserting 

23 ‘‘life’’; and 

24 (B) in paragraph (2)— 
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1 (i) by striking ‘‘or imprisoned not 

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

3 ‘‘and imprisoned for not less than 10 nor 

4 more than 30 years’’; and 

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

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

7 for life’’. 

8 (4) USING MISLEADING DOMAIN NAMES TO DI9 RECT CHILDREN TO HARMFUL MATERIAL ON THE

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

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

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

13 imprisoned not less than 10 nor more than 30 years’’. 

14 (5) PRODUCTION OF SEXUALLY EXPLICIT DEPIC15 TIONS OF CHILDREN.—Section 2260(c) of title 18, 

16 United States Code, is amended by striking para17 graphs (1) and (2) and inserting the following: 

18 ‘‘(1) shall be fined under this title and impris19 oned for any term or years not less than 25 or for life; 

20 and 

21 ‘‘(2) if the person has a prior conviction under 

22 this chapter, section 1591, chapter 71, chapter 109A, 

23 or chapter 117, or under section 920 of title 10 (arti24 cle 120 of the Uniform Code of Military Justice), 
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1 shall be fined under this title and imprisoned for 

2 life.’’. 

3 (c) MANDATORY LIFE IMPRISONMENT FOR CERTAIN

4 REPEATED SEX OFFENSES AGAINST CHILDREN.—Section 

5 3559(e)(2)(A) of title 18, United States Code, is amended— 

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

7 ‘‘2423(a)’’; and 

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

9 with intent to engage in illicit sexual conduct), 

10 2423(c) (relating to illicit sexual conduct in foreign 

11 places), or 2425 (relating to use of interstate facilities 

12 to transmit information about a minor)’’ after ‘‘mi13 nors)’’. 

14 TITLE V—FOSTER CHILD PRO15 TECTION AND CHILD SEXUAL 

16 PREDATOR DETERRENCE 

17 SEC. 501. SHORT TITLE. 

18 This title may be cited as the ‘‘Foster Child Protection 

19 and Child Sexual Predator Sentencing Act of 2005’’. 
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1 SEC. 502. REQUIREMENT TO COMPLETE BACKGROUND 

2 CHECKS BEFORE APPROVAL OF ANY FOSTER 

3 OR ADOPTIVE PLACEMENT AND TO CHECK 

4 NATIONAL CRIME INFORMATION DATABASES 

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

7 OPT-OUT. 

8 (a) REQUIREMENT TO COMPLETE BACKGROUND

9 CHECKS BEFORE APPROVAL OF ANY FOSTER OR ADOPTIVE

10 PLACEMENT AND TO CHECK NATIONAL CRIME INFORMA11 TION DATABASES AND STATE CHILD ABUSE REGISTRIES; 

12 SUSPENSION OF OPT-OUT.— 

13 (1) REQUIREMENT TO CHECK NATIONAL CRIME

14 INFORMATION DATABASES AND STATE CHILD ABUSE

15 REGISTRIES.—Section 471(a)(20) of the Social Secu16 rity Act (42 U.S.C. 671(a)(20)) is amended— 

17 (A) in subparagraph (A)— 

18 (i) in the matter preceding clause (i)— 

19 (I) by inserting ‘‘, including 

20 checks of national crime information 

21 databases (as defined in section 

22 534(e)(3)(A) of title 28, United States 

23 Code),’’ after ‘‘criminal records 

24 checks’’; and 

25 (II) by striking ‘‘on whose behalf 

26 foster care maintenance payments or 
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1 adoption assistance payments are to be 

2 made’’ and inserting ‘‘regardless of 

3 whether foster care maintenance pay4 ments or adoption assistance payments 

5 are to be made on behalf of the child’’; 

6 and 

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

8 inserting ‘‘involving a child on whose behalf 

9 such payments are to be so made’’ after ‘‘in 

10 any case’’; and 

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

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

13 ‘‘(i) check any child abuse and neglect reg14 istry maintained by the State for information on 

15 any prospective foster or adoptive parent and on 

16 any other adult living in the home of such a pro17 spective parent, and request any other State in 

18 which any such prospective parent or other adult 

19 has resided in the preceding 5 years, to enable 

20 the State to check any child abuse and neglect 

21 registry maintained by such other State for such 

22 information, before the prospective foster or 

23 adoptive parent may be finally approved for 

24 placement of a child, regardless of whether foster 

25 care maintenance payments or adoption assist-
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1 ance payments are to be made on behalf of the 

2 child under the State plan under this part; 

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

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

5 and 

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

7 the unauthorized disclosure of information in 

8 any child abuse and neglect registry maintained 

9 by the State, and to prevent any such informa10 tion obtained pursuant to this subparagraph 

11 from being used for a purpose other than the 

12 conducting of background checks in foster or 

13 adoptive placement cases;’’. 

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

15 471(a)(20)(B) of such Act (42 U.S.C. 671(a)(20)(B)) 

16 is amended— 

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

18 30, 2005,’’ after ‘‘plan if’’; and 

19 (B) by inserting ‘‘, on or before such date,’’ 

20 after ‘‘or if’’. 

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

22 such Act (42 U.S.C. 671(a)(20)), as amended by subsection 

23 (a) of this section, is amended— 

24 (1) in subparagraph (A), in the matter preceding 

25 clause (i), by striking ‘‘unless an election provided for 
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1 in subparagraph (B) is made with respect to the 

2 State,’’; and 

3 (2) by striking subparagraph (B) and redesig4 nating subparagraph (C) as subparagraph (B). 

5 (c) EFFECTIVE DATE.— 

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

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

8 and shall apply with respect to payments under part 

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

10 quarters beginning on or after such date, without re11 gard to whether regulations to implement the amend12 ments are promulgated by such date. 

13 (2) ELIMINATION OF OPT-OUT.—The amend14 ments made by subsection (b) shall take effect on Oc15 tober 1, 2007, and shall apply with respect to pay16 ments under part E of title IV of the Social Security 

17 Act for calendar quarters beginning on or after such 

18 date, without regard to whether regulations to imple19 ment the amendments are promulgated by such date. 

20 (3) DELAY PERMITTED IF STATE LEGISLATION

21 REQUIRED.—If the Secretary of Health and Human 

22 Services determines that State legislation (other than 

23 legislation appropriating funds) is required in order 

24 for a State plan under section 471 of the Social Secu25 rity Act to meet the additional requirements imposed 
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1 by the amendments made by a subsection of this sec2 tion, the plan shall not be regarded as failing to meet 

3 any of the additional requirements before the first day 

4 of the first calendar quarter beginning after the first 

5 regular session of the State legislature that begins 

6 after the otherwise applicable effective date of the 

7 amendments. If the State has a 2-year legislative ses8 sion, each year of the session is deemed to be a sepa9 rate regular session of the State legislature. 

10 SEC. 503. ACCESS TO FEDERAL CRIME INFORMATION DATA11 BASES BY CHILD WELFARE AGENCIES FOR 

12 CERTAIN PURPOSES. 

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

14 request of the chief executive of a State, ensure that appro15 priate officers of child welfare agencies have the authority 

16 for ‘‘read only’’ online access to the databases of the na17 tional crime information databases (as defined in section 

18 534 of title 28, United States Code) to carry out criminal 

19 history records checks, subject to subsection (b). 

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

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

22 the agency and only on an individual relevant to casework 

23 of the agency. 

24 (c) PROTECTION OF INFORMATION.—An individual 

25 having information derived as a result of a check under 
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1 subsection (a) may release that information only to appro2 priate officers of child welfare agencies or another person 

3 authorized by law to receive that information. 

4 (d) CRIMINAL PENALTIES.—An individual who know5 ingly exceeds the authority in subsection (a), or knowingly 

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

7 imprisoned not more than 10 years or fined under title 18, 

8 United States Code, or both. 

9 (e) CHILD WELFARE AGENCY DEFINED.—In this sec10 tion, the term ‘‘child welfare agency’’ means— 

11 (1) the State or local agency responsible for ad12 ministering the plan under part B or part E of title 

13 IV of the Social Security Act; and 

14 (2) any other public agency, or any other private 

15 agency under contract with the State or local agency 

16 responsible for administering the plan under part B 

17 or part E of title IV of the Social Security Act, that 

18 is responsible for the placement of foster or adoptive 

19 children. 

20 SEC. 504. PENALTIES FOR COERCION AND ENTICEMENT BY 

21 SEX OFFENDERS. 

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

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

24 years, or both’’ and inserting ‘‘and imprisoned not less than 

25 10 years nor more than 30 years’’. 
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1 SEC. 505. PENALTIES FOR CONDUCT RELATING TO CHILD 

2 PROSTITUTION. 

3 Section 2423 of title 18, United States Code, is amend4 ed— 

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

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

7 for life’’; 

8 (2) in subsection (b), by striking ‘‘or imprisoned 

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

10 imprisoned for not less than 10 years and not more 

11 than 30 years’’; 

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

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

14 imprisoned for not less than 10 years and not more 

15 than 30 years’’; and 

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

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

18 imprisoned for not less than 10 nor more than 30 

19 years’’. 

20 SEC. 506. PENALTIES FOR SEXUAL ABUSE. 

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

22 title 18, United States Code, is amended— 

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

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

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

26 30 or for life’’; and 
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1 (2) in subsection (b), by striking ‘‘, imprisoned 

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

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

4 25 or for life’’. 

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

6 States Code, is amended by striking ‘‘, imprisoned not more 

7 than 20 years, or both’’ and inserting ‘‘and imprisoned not 

8 less than 15 years nor more than 40 years’’. 

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

10 title 18, United States Code, is amended— 

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

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

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

14 30 years’’; 

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

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

17 imprisoned not less than 4 years nor more than 20 

18 years’’; and 

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

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

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

22 10 years’’. 
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1 SEC. 507. SEX OFFENDER SUBMISSION TO SEARCH AS CON2 DITION OF RELEASE. 

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

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

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

6 inserting ‘‘; and’’; and 

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

9 ‘‘(10) for a person who is a felon or required to 

10 register under the Sex Offender Registration and No11 tification Act, that the person submit his person, and 

12 any property, house, residence, vehicle, papers, com13 puter, other electronic communication or data storage 

14 devices or media, and effects to search at any time, 

15 with or without a warrant, by any law enforcement 

16 or probation officer with reasonable suspicion con17 cerning a violation of a condition of probation or un18 lawful conduct by the person, and by any probation 

19 officer in the lawful discharge of the officer’s super20 vision functions.’’. 

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

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

23 the following: ‘‘The court may order, as an explicit condi24 tion of supervised release for a person who is a felon or 

25 required to register under the Sex Offender Registration 

26 and Notification Act, that the person submit his person, 
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1 and any property, house, residence, vehicle, papers, com2 puter, other electronic communications or data storage de3 vices or media, and effects to search at any time, with or 

4 without a warrant, by any law enforcement or probation 

5 officer with reasonable suspicion concerning a violation of 

6 a condition of supervised release or unlawful conduct by 

7 the person, and by any probation officer in the lawful dis8 charge of the officer’s supervision functions.’’ 

9 SEC. 508. KIDNAPPING PENALTIES AND JURISDICTION. 

10 Section 1201 of title 18, United States Code, is amend11 ed— 

12 (1) in subsection (a)(1), by striking ‘‘if the per13 son was alive when the transportation began’’ and in14 serting ‘‘, or the offender travels in interstate or for15 eign commerce or uses the mail or any means, facil16 ity, or instrumentality of interstate or foreign com17 merce in committing or in furtherance of the commis18 sion of the offense’’; and 

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

20 and inserting ‘‘in interstate’’. 

21 SEC. 509. MARITAL COMMUNICATION AND ADVERSE SPOUS22 AL PRIVILEGE. 

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

24 States Code, is amended by inserting after section 1826 the 

25 following: 
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1 ‘‘§ 1826A. Marital communications and adverse spous2 al privilege 

3 ‘‘The confidential marital communication privilege 

4 and the adverse spousal privilege shall be inapplicable in 

5 any Federal proceeding in which a spouse is charged with 

6 a crime against— 

7 ‘‘(1) a child of either spouse; or 

8 ‘‘(2) a child under the custody or control of ei9 ther spouse.’’. 

10 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

11 table of sections for chapter 119 of title 28, United States 

12 Code, is amended by inserting after the item relating to 

13 section 1826 the following: 

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

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

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

16 amended by inserting ‘‘felony child abuse or neglect,’’ after 

17 ‘‘years,’’. 

18 SEC. 511. CIVIL COMMITMENT. 

19 Chapter 313 of title 18, United States Code, is amend20 ed— 

21 (1) in the chapter analysis— 

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

23 inserting ‘‘or to undergo postrelease proceedings’’ 

24 after ‘‘trial’’; and 
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1 (B) by inserting at the end the following: 

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

2 (2) in section 4241— 

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

4 UNDERGO POSTRELEASE PROCEEDINGS’’ 

5 after ‘‘TRIAL’’; 

6 (B) in the first sentence of subsection (a), 

7 by inserting ‘‘or at any time after the commence8 ment of probation or supervised release and 

9 prior to the completion of the sentence,’’ after 

10 ‘‘defendant,’’; 

11 (C) in subsection (d)— 

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

13 place it appears and inserting ‘‘proceedings 

14 to go forward’’; and 

15 (ii) by striking ‘‘section 4246’’ and in16 serting ‘‘sections 4246 and 4248’’; and 

17 (D) in subsection (e)— 

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

19 after ‘‘trial’’; and 

20 (ii) by striking ‘‘chapter 207’’ and in21 serting ‘‘chapters 207 and 227’’; 

22 (3) in section 4247— 

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

24 appears and inserting ‘‘, 4246, or 4248’’; 
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1 (B) in subsections (g) and (i), by striking 

2 ‘‘4243 or 4246’’ each place it appears and insert3 ing ‘‘4243, 4246, or 4248’’; 

4 (C) in subsection (a)— 

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

6 to read as follows: 

7 ‘‘(C) drug, alcohol, and sex offender treat8 ment programs, and other treatment programs 

9 that will assist the individual in overcoming a 

10 psychological or physical dependence or any con11 dition that makes the individual dangerous to 

12 others; and’’; 

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

14 ‘‘and’’ at the end; 

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

16 period at the end and inserting a semicolon; 

17 and 

18 (iv) by inserting at the end the fol19 lowing: 

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

21 ‘‘(5) ‘sexually dangerous person’ means a person 

22 who has engaged or attempted to engage in sexually 

23 violent conduct or child molestation and who is sexu24 ally dangerous to others; and 
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1 ‘‘(6) ‘sexually dangerous to others’ means that a 

2 person suffers from a serious mental illness, abnor3 mality, or disorder as a result of which he would have 

4 serious difficulty in refraining from sexually violent 

5 conduct or child molestation if released.’’; 

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

7 4246’’ and inserting ‘‘4245, 4246, or 4248’’; and 

8 (E) in subsection (c)(4)— 

9 (i) by redesignating subparagraphs (D) 

10 and (E) as subparagraphs (E) and (F) re11 spectively; and 

12 (ii) by inserting after subparagraph 

13 (C) the following: 

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

15 section 4248, whether the person is a sexually 

16 dangerous person;’’; and 

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

18 ‘‘§ 4248. Civil commitment of a sexually dangerous 

19 person 

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

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

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

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

24 criminal charges have been dismissed solely for reasons re25 lating to the mental condition of the person, the Attorney 
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1 General or any individual authorized by the Attorney Gen2 eral or the Director of the Bureau of Prisons may certify 

3 that the person is a sexually dangerous person, and trans4 mit the certificate to the clerk of the court for the district 

5 in which the person is confined. The clerk shall send a copy 

6 of the certificate to the person, and to the attorney for the 

7 Government, and, if the person was committed pursuant 

8 to section 4241(d), to the clerk of the court that ordered the 

9 commitment. The court shall order a hearing to determine 

10 whether the person is a sexually dangerous person. A certifi11 cate filed under this subsection shall stay the release of the 

12 person pending completion of procedures contained in this 

13 section. 

14 ‘‘(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION

15 AND REPORT.—Prior to the date of the hearing, the court 

16 may order that a psychiatric or psychological examination 

17 of the defendant be conducted, and that a psychiatric or 

18 psychological report be filed with the court, pursuant to the 

19 provisions of section 4247(b) and (c). 

20 ‘‘(c) HEARING.—The hearing shall be conducted pursu21 ant to the provisions of section 4247(d). 

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

23 hearing, the court finds by clear and convincing evidence 

24 that the person is a sexually dangerous person, the court 

25 shall commit the person to the custody of the Attorney Gen-
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1 eral. The Attorney General shall release the person to the 

2 appropriate official of the State in which the person is dom3 iciled or was tried if such State will assume responsibility 

4 for his custody, care, and treatment. The Attorney General 

5 shall make all reasonable efforts to cause such a State to 

6 assume such responsibility. If, notwithstanding such efforts, 

7 neither such State will assume such responsibility, the At8 torney General shall place the person for treatment in a 

9 suitable facility, until— 

10 ‘‘(1) such a State will assume such responsi11 bility; or 

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

13 longer sexually dangerous to others, or will not be sex14 ually dangerous to others if released under a pre15 scribed regimen of medical, psychiatric, or psycho16 logical care or treatment; 

17 whichever is earlier. The Attorney General shall make all 

18 reasonable efforts to have a State to assume such responsi19 bility for the person’s custody, care, and treatment. 

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

21 which a person is placed pursuant to subsection (d) deter22 mines that the person’s condition is such that he is no 

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

24 dangerous to others if released under a prescribed regimen 

25 of medical, psychiatric, or psychological care or treatment, 
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1 he shall promptly file a certificate to that effect with the 

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

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

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

5 order the discharge of the person or, on motion of the attor6 ney for the Government or on its own motion, shall hold 

7 a hearing, conducted pursuant to the provisions of section 

8 4247(d), to determine whether he should be released. If, after 

9 the hearing, the court finds by a preponderance of the evi10 dence that the person’s condition is such that— 

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

12 if released unconditionally, the court shall order that 

13 he be immediately discharged; or 

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

15 if released under a prescribed regimen of medical, 

16 psychiatric, or psychological care or treatment, the 

17 court shall— 

18 ‘‘(A) order that he be conditionally dis19 charged under a prescribed regimen of medical, 

20 psychiatric, or psychological care or treatment 

21 that has been prepared for him, that has been 

22 certified to the court as appropriate by the Di23 rector of the facility in which he is committed, 

24 and that has been found by the court to be ap25 propriate; and 
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1 ‘‘(B) order, as an explicit condition of re2 lease, that he comply with the prescribed regimen 

3 of medical, psychiatric, or psychological care or 

4 treatment. 

5 The court at any time may, after a hearing employ6 ing the same criteria, modify or eliminate the regi7 men of medical, psychiatric, or psychological care or 

8 treatment. 

9 ‘‘(f) REVOCATION OF CONDITIONAL DISCHARGE.—The 

10 director of a facility responsible for administering a regi11 men imposed on a person conditionally discharged under 

12 subsection (e) shall notify the Attorney General and the 

13 court having jurisdiction over the person of any failure of 

14 the person to comply with the regimen. Upon such notice, 

15 or upon other probable cause to believe that the person has 

16 failed to comply with the prescribed regimen of medical, 

17 psychiatric, or psychological care or treatment, the person 

18 may be arrested, and, upon arrest, shall be taken without 

19 unnecessary delay before the court having jurisdiction over 

20 him. The court shall, after a hearing, determine whether 

21 the person should be remanded to a suitable facility on the 

22 ground that he is sexually dangerous to others in light of 

23 his failure to comply with the prescribed regimen of med24 ical, psychiatric, or psychological care or treatment. 
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1 ‘‘(g) RELEASE TO STATE OF CERTAIN OTHER PER2 SONS.—If the director of the facility in which a person is 

3 hospitalized or placed pursuant to this chapter certifies to 

4 the Attorney General that a person, against him all charges 

5 have been dismissed for reasons not related to the mental 

6 condition of the person, is a sexually dangerous person, the 

7 Attorney General shall release the person to the appropriate 

8 official of the State in which the person is domiciled or was 

9 tried for the purpose of institution of State proceedings for 

10 civil commitment. If neither such State will assume such 

11 responsibility, the Attorney General shall release the person 

12 upon receipt of notice from the State that it will not assume 

13 such responsibility, but not later than 10 days after certifi14 cation by the director of the facility.’’. 

15 SEC. 512. MANDATORY PENALTIES FOR SEX-TRAFFICKING 

16 OF CHILDREN. 

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

18 amended— 

19 (1) in paragraph (1)— 

20 (A) by striking ‘‘or imprisonment’’ and in21 serting ‘‘and imprisonment’’; 

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

23 ‘‘any term of years’’; and 

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

25 (2) in paragraph (2)— 
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1 (A) by striking ‘‘or imprisonment for not’’ 

2 and inserting ‘‘and imprisonment for not less 

3 than 10 years nor’’; and 

4 (B) by striking ‘‘, or both’’. 

5 SEC. 513. SEXUAL ABUSE OF WARDS. 

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

7 amended— 

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

9 and inserting ‘‘five years’’; 

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

11 and inserting ‘‘two years’’; and 

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

13 place it appears, other than the second sentence of sec14 tion 2241(c), the following: ‘‘or being in the custody 

15 of the Attorney General or the Bureau of Prisons or 

16 confined in any institution or facility by direction of 

17 the Attorney General or the Bureau of Prisons,’’. 
109TH CONGRESS 

1ST SESSION H. R. 3132 

[Report No. 109–218, Part 1] 

A BILL 

To make improvements to the national sex offender 

registration program, and for other purposes. 

SEPTEMBER 9, 2005 

Committee on Ways and Means discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the