I 
109TH CONGRESS 
1ST SESSION H. R. 3129 
To protect foster children and provide appropriate sentencing for child sex 
predators, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 30, 2005 
Mr. DELAY introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committee on Ways and Means, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To protect foster children and provide appropriate sentencing 
for child sex predators, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This title may be cited as the ‘‘Foster Child Protec-
tion and Child Sexual Predator Sentencing Act of 2005’’.
SEC. 
2. 
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; SUS-
PENSION AND SUBSEQUENT ELIMINATION OF 
OPT-OUT. 
(a) REQUIREMENT
TO
COMPLETE
BACKGROUND 
CHECKS BEFORE APPROVAL OF ANY FOSTER OR ADOP-
TIVE PLACEMENT AND TO CHECK NATIONAL CRIME IN-
FORMATION DATABASES AND STATE CHILD ABUSE REG-
ISTRIES; SUSPENSION OF OPT-OUT.— 
(1) REQUIREMENT TO CHECK NATIONAL CRIME 
INFORMATION DATABASES AND STATE CHILD ABUSE 
REGISTRIES.—Section 471(a)(20) of the Social Se-
curity Act (42 U.S.C. 671(a)(20)) is amended— 
(A) in subparagraph (A)— 
(i) in the matter preceding clause 
(i)— 
(I) by inserting ‘‘, including 
checks of national crime information 
databases (as defined in section 
534(e)(3)(A) of title 28, United 
States Code),’’ after ‘‘criminal records 
checks’’; and
(II) by striking ‘‘on whose behalf 
foster care maintenance payments or 
adoption assistance payments are to 
be made’’ and inserting ‘‘regardless of 
whether foster care maintenance pay-
ments or adoption assistance pay-
ments are to be made on behalf of the 
child’’; and 
(ii) in each of clauses (i) and (ii), by 
inserting ‘‘involving a child on whose be-
half such payments are to be so made’’ 
after ‘‘in any case’’; 
(B) by adding ‘‘and’’ at the end of sub-
paragraph (B); and 
(C) by adding at the end the following: 
‘‘(C) provides that the State shall— 
‘‘(i) check any child abuse and neglect 
registry maintained by the State for infor-
mation on any prospective foster or adop-
tive parent and on any other adult living in 
the home of such a prospective parent, and 
request any other State in which any such 
prospective parent or other adult has re-
sided in the preceding 5 years, to enable 
the State to check any child abuse and ne-
glect registry maintained by such other 
State for such information, before the pro-
spective foster or adoptive parent may be 
finally approved for placement of a child, 
regardless of whether foster care mainte-
nance payments or adoption assistance 
payments are to be made on behalf of the 
child under the State plan under this part; 
‘‘(ii) comply with any request de-
scribed in clause (i) that is received from 
another State; and 
‘‘(iii) have in place safeguards to pre-
vent the unauthorized disclosure of infor-
mation in any child abuse and neglect reg-
istry maintained by the State, and to pre-
vent any such information obtained pursu-
ant to this subparagraph from being used 
for a purpose other than the conducting of 
background checks in foster or adoptive 
placement cases;’’. 
(2) 
SUSPENSION
OF
OPT-OUT.—Section 
471(a)(20)(B) 
of 
such 
Act 
(42 
U.S.C. 
671(a)(20)(B)) is amended— 
(A) by inserting ‘‘, on or before September 
30, 2005,’’ after ‘‘plan if’’; and
(B) by inserting ‘‘, on or before such 
date,’’ after ‘‘or if’’. 
(b) ELIMINATION OF OPT-OUT.—Section 471(a)(20) 
of such Act (42 U.S.C. 671(a)(20)), as amended by sub-
section (a) of this section, is amended—
(1) in subparagraph (A)—
(A) in the matter preceding clause (i), by 
striking ‘‘unless an election provided for in sub-
paragraph (B) is made with respect to the 
State,’’; and 
(B) by adding ‘‘and’’ at the end of clause 
(ii); and 
(2) by striking subparagraph (B) and redesig-
nating subparagraph (C) as subparagraph (B). 
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by 
subsection (a) shall take effect on October 1, 2005, 
and shall apply with respect to payments under part 
E of title IV of the Social Security Act for calendar 
quarters beginning on or after such date, without re-
gard to whether regulations to implement the 
amendments are promulgated by such date. 
(2) ELIMINATION
OF
OPT-OUT.—The amend-
ments made by subsection (b) shall take effect on 
October 1, 2007, and shall apply with respect to
payments under part E of title IV of the Social Se-
curity Act for calendar quarters beginning on or 
after such date, without regard to whether regula-
tions to implement the amendments are promulgated 
by such date. 
(3) DELAY PERMITTED IF STATE LEGISLATION 
REQUIRED.—If the Secretary of Health and Human 
Services determines that State legislation (other 
than legislation appropriating funds) is required in 
order for a State plan under section 471 of the So-
cial Security Act to meet the additional requirements 
imposed by the amendments made by a subsection 
of this section, the plan shall not be regarded as fail-
ing to meet any of the additional requirements be-
fore the first day of the first calendar quarter begin-
ning after the first regular session of the State legis-
lature that begins after the otherwise applicable ef-
fective date of the amendments. If the State has a 
2-year legislative session, each year of the session is 
deemed to be a separate regular session of the State 
legislature.
SEC. 3. ACCESS TO FEDERAL CRIME INFORMATION DATA-
BASES BY CHILD WELFARE AGENCIES FOR 
CERTAIN PURPOSES. 
(a) IN GENERAL.—The Attorney General shall, upon 
request of the chief executive of a State, ensure that ap-
propriate officers of child welfare agencies have the au-
thority for ‘‘read only’’ online access to the databases of 
the national crime information databases (as defined in 
section 534 of title 28, United States Code) to carry out 
criminal history records checks, subject to subsection (b). 
(b) LIMITATION.—An officer may use the authority 
under subsection (a) only in furtherance of the purposes 
of the agency and only on an individual relevant to case-
work of the agency. 
(c) PROTECTION OF INFORMATION.—An individual 
having information derived as a result of a check under 
subsection (a) may release that information only to appro-
priate officers of child welfare agencies or another person 
authorized by law to receive that information. 
(d) CRIMINAL PENALTIES.—An individual who know-
ingly exceeds the authority in subsection (a), or knowingly 
releases information in violation of subsection (c), shall be 
imprisoned not more than 10 years or fined under title 
18, United States Code, or both. 
(e) CHILD WELFARE AGENCY DEFINED.—In this 
section, the term ‘‘child welfare agency’’ means—
(1) the State or local agency responsible for ad-
ministering the plan under part B or part E of title 
IV of the Social Security Act; and 
(2) any other public agency, or any other pri-
vate agency under contract with the State or local 
agency responsible for administering the plan under 
part B or part E of title IV of the Social Security 
Act, that is responsible for the placement of foster 
or adoptive children. 
SEC. 4. PENALTIES FOR COERCION AND ENTICEMENT BY 
SEX OFFENDERS. 
Section 2422(a) of title 18, United States Code, is 
amended by striking ‘‘or imprisoned not more than 20 
years, or both’’ and inserting ‘‘and imprisoned not less 
than 10 years nor more than 30 years’’. 
SEC. 5. PENALTIES FOR CONDUCT RELATING TO CHILD 
PROSTITUTION. 
Section 2423 of title 18, United States Code, is 
amended— 
(1) in subsection (a), by striking ‘‘5 years and 
not more than 30 years’’ and inserting ‘‘30 years or 
for life’’; 
(2) in subsection (b), by striking ‘‘or impris-
oned not more than 30 years, or both’’ and inserting
‘‘and imprisoned for not less than 10 years and not 
more than 30 years’’; 
(3) in subsection (c), by striking ‘‘or imprisoned 
not more than 30 years, or both’’ and inserting ‘‘and 
imprisoned for not less than 10 years and not more 
than 30 years’’; and 
(4) in subsection (d), by striking ‘‘imprisoned 
not more than 30 years, or both’’ and inserting ‘‘and 
imprisoned for not less than 10 nor more than 30 
years’’. 
SEC. 6. PENALTIES FOR SEXUAL ABUSE. 
(a) AGGRAVATED SEXUAL ABUSE.—Section 2241 of 
title 18, United States Code, is amended— 
(1) in subsection (a), by striking ‘‘, imprisoned 
for any term of years or life, or both’’ and inserting 
‘‘and imprisoned for any term of years not less than 
30 or for life’’; and 
(2) in subsection (b), by striking ‘‘, imprisoned 
for any term of years or life, or both’’ and inserting 
‘‘and imprisoned for any term of years not less than 
25 or for life’’. 
(b) SEXUAL ABUSE.—Section 2242 of title 18, 
United States Code, is amended by striking ‘‘, imprisoned 
not more than 20 years, or both’’ and inserting ‘‘and im-
prisoned not less than 15 years nor more than 40 years’’.
(c) ABUSIVE SEXUAL CONTACT.—Section 2244(a) of 
title 18, United States Code, is amended— 
(1) in paragraph (2), by striking ‘‘, imprisoned 
not more than three years, or both’’ and inserting 
‘‘and imprisoned not less than 5 years nor more 
than 30 years’’; 
(2) in paragraph (3), by striking ‘‘, imprisoned 
not more than two years, or both’’ and inserting 
‘‘and imprisoned not less than 4 years nor more 
than 20 years’’; and 
(3) in paragraph (4), by striking ‘‘, imprisoned 
not more than six months, or both’’ and inserting 
‘‘and imprisoned not less than 2 years nor more 
than 10 years’’. 
SEC. 7. SEX OFFENDER SUBMISSION TO SEARCH AS CONDI-
TION OF RELEASE. 
(a) CONDITIONS OF PROBATION.—Section 3563(a) of 
title 18, United States Code, is amended—— 
(1) in paragraph (8), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (9), by striking the period and 
inserting ‘‘; and’’; and 
(3) by inserting after paragraph (9) the fol-
lowing: