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able to the terms of their probation, parole, and sex 
offender registration laws; and 
(5) partner with other agencies to improve the 
coordination of joint investigations among agencies 
to effectively combat on-line solicitation of children 
by sex offenders. 
(b) TECHNOLOGY.—The Attorney General, in con-
sultation with the Office of Juvenile Justice and Delin-
quency Prevention, shall— 
(1) deploy, to all Internet Crimes Against Chil-
dren Task Forces and their partner agencies, tech-
nology modeled after the Canadian Child Exploi-
tation Tracking System; and 
(2) conduct training in the use of that tech-
nology. 
(c) REPORT.—Not later than July 1, 2006, the Attor-
ney General, in consultation with the Office of Juvenile 
Justice and Delinquency Prevention, shall submit to Con-
gress a report on the activities carried out under this sec-
tion. The report shall include any recommendations that 
the Attorney General, in consultation with the Office, con-
siders appropriate. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Attorney General, 
for fiscal year 2006—
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(1) $1,000,000 to carry out subsection (a); and 
(2) $2,000,000 to carry out subsection (b). 
Subtitle C—Children’s Safety 
Office 
SEC. 161. ESTABLISHMENT. 
There is hereby established within the Department 
of Justice, under the general authority of the Attorney 
General, a Children’s Safety Office. 
SEC. 162. PURPOSE. 
The purpose of the Office is to administer the sex 
offender registration program under subtitle A and to co-
ordinate with other departments, agencies, and offices in 
preventing sexual abuse of children, prosecuting child sex 
offenders, and tracking child abusers post-conviction. 
SEC. 163. DIRECTOR. 
(a) ADVICE AND CONSENT.—At the head of the Of-
fice shall be a Director, appointed by the President, by 
and with the advice and consent of the Senate. The Direc-
tor shall report directly to the Attorney General. 
(b) QUALIFICATIONS.—The Director shall be ap-
pointed from among distinguished individuals who have— 
(1) proven academic, management, and leader-
ship credentials; 
(2) a superior record of achievement; and
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(3) training or expertise in criminal law or the 
exploitation of children, or both. 
(c) DUTIES.—The Director shall have the following 
duties: 
(1) To maintain liaison with the judicial 
branches of the Federal and State Governments on 
matters relating to children’s safety from sex offend-
ers. 
(2) To provide information to the President, the 
Congress, the Judiciary, State and local govern-
ments, and the general public on matters relating to 
children’s safety from sex offenders. 
(3) To serve, when requested by the Attorney 
General, as the representative of the Department of 
Justice on domestic task forces, committees, or com-
missions addressing policy or issues relating to chil-
dren’s safety from sex offenders. 
(4) To provide technical assistance, coordina-
tion, and support to— 
(A) other components of the Department 
of Justice, in efforts to develop policy and to 
enforce Federal laws relating to sexual assaults 
against children, including the litigation of civil 
and criminal actions relating to enforcing such 
laws; and
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(B) other Federal, State, and local agen-
cies, in efforts to develop policy, provide tech-
nical assistance, and improve coordination 
among agencies carrying out efforts to elimi-
nate sexual assaults against children. 
(5) To exercise such other powers and functions 
as may be vested in the Director pursuant to this or 
any other Act or by delegation of the Attorney Gen-
eral in accordance with law. 
(6) To establish such rules, regulations, guide-
lines, and procedures as are necessary to carry out 
any function of the Office. 
(7) To oversee— 
(A) the grant programs under subtitle A; 
and 
(B) any other grant programs of the De-
partment of Justice to the extent they relate to 
sexual assaults against children. 
SEC. 164. ANNUAL REPORT. 
Not later than 180 days after the end of each fiscal 
year for which grants are made under subtitle A, the At-
torney General shall submit to the Committee on the Judi-
ciary of the House of Representatives and the Committee 
on the Judiciary of the Senate a report that includes, for 
each State or other jurisdiction—
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(1) the number of grants made and funds dis-
tributed under subtitle A; 
(2) a summary of the purposes for which those 
grants were provided and an evaluation of their 
progress; 
(3) a statistical summary of persons served, de-
tailing the nature of victimization, and providing 
data on age, sex, relationship of victim to offender, 
geographic distribution, race, ethnicity, language, 
and disability, and the membership of persons served 
in any underserved population; and 
(4) an evaluation of the effectiveness of pro-
grams funded under subtitle A. 
SEC. 165. STAFF. 
The Attorney General shall ensure that the Director 
has adequate staff to support the Director in carrying out 
the responsibilities of the Director. 
SEC. 166. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as are necessary to carry out this subtitle. 
SEC. 167. NONMONETARY ASSISTANCE. 
In addition to the assistance provided under subtitle 
A, the Attorney General may request any Federal agency 
to use its authorities and the resources granted to it under 
Federal law (including personnel, equipment, supplies, fa-
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cilities, and managerial, technical, and advisory services) 
in support of State and local assistance efforts consistent 
with the purposes of this title. 
TITLE II—DNA FINGERPRINTING 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘DNA Fingerprinting 
Act of 2005’’. 
SEC. 202. EXPANDING USE OF DNA TO IDENTIFY AND PROS-
ECUTE SEX OFFENDERS. 
(a) EXPANSION
OF NATIONAL DNA INDEX SYS-
TEM.—Section 210304 of the DNA Identification Act of 
1994 (42 U.S.C. 14132) is amended— 
(1) in subsection (a)(1)(C), by striking ‘‘, pro-
vided’’ and all that follows through ‘‘System’’; and 
(2) by striking subsections (d) and (e). 
(b) DNA SAMPLE COLLECTION FROM PERSONS AR-
RESTED OR DETAINED UNDER FEDERAL AUTHORITY.— 
(1) IN GENERAL.—Section 3 of the DNA Anal-
ysis Backlog Elimination Act of 2000 (42 U.S.C. 
14135a) is amended— 
(A) in subsection (a)— 
(i) in paragraph (1), by striking ‘‘The 
Director’’ and inserting the following: 
‘‘(A) The Attorney General may, as pro-
vided by the Attorney General by regulation,
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collect DNA samples from individuals who are 
arrested, detained, or convicted under the au-
thority of the United States. The Attorney Gen-
eral may delegate this function within the De-
partment of Justice as provided in section 510 
of title 28, United States Code, and may also 
authorize and direct any other agency of the 
United States that arrests or detains individ-
uals or supervises individuals facing charges to 
carry out any function and exercise any power 
of the Attorney General under this section. 
‘‘(B) The Director’’; and 
(ii) in paragraphs (3) and (4), by 
striking ‘‘Director of the Bureau of Pris-
ons’’ each place it appears and inserting 
‘‘Attorney General, the Director of the Bu-
reau of Prisons,’’; and 
(B) in subsection (b), by striking ‘‘Director 
of the Bureau of Prisons’’ and inserting ‘‘Attor-
ney General, the Director of the Bureau of 
Prisons,’’. 
(2) CONFORMING
AMENDMENT.—Subsections 
(b) and (c)(1)(A) of section 3142 of title 18, United 
States Code, are each amended by inserting ‘‘and 
subject to the condition that the person cooperate in
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the collection of a DNA sample from the person if 
the collection of such a sample is authorized pursu-
ant to section 3 of the DNA Analysis Backlog Elimi-
nation Act of 2000 (42 U.S.C. 14135a)’’ after ‘‘pe-
riod of release’’. 
(c) TOLLING OF STATUTE OF LIMITATIONS IN SEX-
UAL ABUSE CASES.—Section 3297 of title 18, United 
States Code, is amended by striking ‘‘except for a felony 
offense under chapter 109A,’’. 
SEC. 203. STOPPING VIOLENT PREDATORS AGAINST CHIL-
DREN. 
In carrying out Acts of Congress relating to DNA 
databases, the Attorney General shall give appropriate 
consideration to the need for the collection and testing of 
DNA to stop violent predators against children. 
SEC. 204. MODEL CODE ON INVESTIGATING MISSING PER-
SONS AND DEATHS. 
(a) MODEL CODE REQUIRED.—Not later than 60 
days after the date of the enactment of this Act, the Attor-
ney General shall publish a model code setting forth proce-
dures to be followed by law enforcement officers when in-
vestigating a missing person or a death. The procedures 
shall include the use of DNA analysis to help locate miss-
ing persons and to help identify human remains.
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(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that each State should, not later than 1 year after 
the date on which the Attorney General publishes the 
model code, enact laws implementing the model code. 
(c) GAO STUDY.—Not later than 2 years after the 
date on which the Attorney General publishes the model 
code, the Comptroller General shall submit to Congress 
a report on the extent to which States have implemented 
the model code. The report shall, for each State— 
(1) describe the extent to which the State has 
implemented the model code; and 
(2) to the extent the State has not implemented 
the model code, describe the reasons why the State 
has not done so. 
TITLE III—PREVENTION AND DE-
TERRENCE 
OF 
CRIMES 
AGAINST CHILDREN ACT OF 
2005 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Prevention and Deter-
rence of Crimes Against Children Act of 2005’’.
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SEC. 302. ASSURED PUNISHMENT FOR VIOLENT CRIMES 
AGAINST CHILDREN. 
(a) SPECIAL SENTENCING RULE.—Subsection (d) of 
section 3559 of title 18, United States Code, is amended 
to read as follows: 
‘‘(d) MANDATORY MINIMUM TERMS OF IMPRISON-
MENT
FOR VIOLENT CRIMES AGAINST CHILDREN.—A 
person who is convicted of a felony crime of violence 
against the person of an individual who has not attained 
the age of 18 years shall, unless a greater mandatory min-
imum sentence of imprisonment is otherwise provided by 
law and regardless of any maximum term of imprisonment 
otherwise provided for the offense— 
‘‘(1) if the crime of violence results in the death 
of a person who has not attained the age of 18 
years, be sentenced to death or life in prison; 
‘‘(2) if the crime of violence is kidnapping, ag-
gravated sexual abuse, sexual abuse, or maiming, or 
results in serious bodily injury (as defined in section 
2119(2)) be imprisoned for life or any term of years 
not less than 30; 
‘‘(3) if the crime of violence results in bodily in-
jury (as defined in section 1365) or is an offense 
under paragraphs (1), (2), or (5) of section 2244(a), 
be imprisoned for life or for any term of years not 
less than 20;
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‘‘(4) if a dangerous weapon was used during 
and in relation to the crime of violence, be impris-
oned for life or for any term of years not less than 
15; and 
‘‘(5) in any other case, be imprisoned for life or 
for any term of years not less than 10.’’. 
SEC. 303. ENSURING FAIR AND EXPEDITIOUS FEDERAL 
COLLATERAL REVIEW OF CONVICTIONS FOR 
KILLING A CHILD. 
(a) LIMITS ON CASES.—Section 2254 of title 28, 
United States Code, is amended by adding at the end the 
following: 
‘‘(j)(1) A court, justice, or judge shall not have juris-
diction to consider any claim relating to the judgment or 
sentence in an application described under paragraph (2), 
unless the applicant shows that the claim qualifies for con-
sideration on the grounds described in subsection (e)(2). 
Any such application that is presented to a court, justice, 
or judge other than a district court shall be transferred 
to the appropriate district court for consideration or dis-
missal in conformity with this subsection, except that a 
court of appeals panel must authorize any second or suc-
cessive application in conformity with section 2244 before 
any consideration by the district court.
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‘‘(2) This subsection applies to an application for a 
writ of habeas corpus on behalf of a person in custody 
pursuant to the judgment of a State court for a crime 
that involved the killing of a individual who has not at-
tained the age of 18 years. 
‘‘(3) For an application described in paragraph (2), 
the following requirements shall apply in the district court: 
‘‘(A) Any motion by either party for an evi-
dentiary hearing shall be filed and served not later 
than 90 days after the State files its answer or, if 
no timely answer is filed, the date on which such an-
swer is due. 
‘‘(B) Any motion for an evidentiary hearing 
shall be granted or denied not later than 30 days 
after the date on which the party opposing such mo-
tion files a pleading in opposition to such motion or, 
if no timely pleading in opposition is filed, the date 
on which such pleading in opposition is due. 
‘‘(C) Any evidentiary hearing shall be— 
‘‘(i) convened not less than 60 days after 
the order granting such hearing; and 
‘‘(ii) completed not more than 150 days 
after the order granting such hearing. 
‘‘(D) A district court shall enter a final order, 
granting or denying the application for a writ of ha-
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beas corpus, not later than 15 months after the date 
on which the State files its answer or, if no timely 
answer is filed, the date on which such answer is 
due, or not later than 60 days after the case is sub-
mitted for decision, whichever is earlier. 
‘‘(E) If the district court fails to comply with 
the requirements of this paragraph, the State may 
petition the court of appeals for a writ of mandamus 
to enforce the requirements. The court of appeals 
shall grant or deny the petition for a writ of man-
damus not later than 30 days after such petition is 
filed with the court. 
‘‘(4) For an application described in paragraph (2), 
the following requirements shall apply in the court of ap-
peals: 
‘‘(A) A timely filed notice of appeal from an 
order issuing a writ of habeas corpus shall operate 
as a stay of that order pending final disposition of 
the appeal. 
‘‘(B) The court of appeals shall decide the ap-
peal from an order granting or denying a writ of ha-
beas corpus— 
‘‘(i) not later than 120 days after the date 
on which the brief of the appellee is filed or, if
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no timely brief is filed, the date on which such 
brief is due; or 
‘‘(ii) if a cross-appeal is filed, not later 
than 120 days after the date on which the ap-
pellant files a brief in response to the issues 
presented by the cross-appeal or, if no timely 
brief is filed, the date on which such brief is 
due. 
‘‘(C)(i) Following a decision by a panel of the 
court of appeals under subparagraph (B), a petition 
for panel rehearing is not allowed, but rehearing by 
the court of appeals en banc may be requested. The 
court of appeals shall decide whether to grant a peti-
tion for rehearing en banc not later than 30 days 
after the date on which the petition is filed, unless 
a response is required, in which case the court shall 
decide whether to grant the petition not later than 
30 days after the date on which the response is filed 
or, if no timely response is filed, the date on which 
the response is due. 
‘‘(ii) If rehearing en banc is granted, the court 
of appeals shall make a final determination of the 
appeal not later than 120 days after the date on 
which the order granting rehearing en banc is en-
tered.
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‘‘(D) If the court of appeals fails to comply 
with the requirements of this paragraph, the State 
may petition the Supreme Court or a justice thereof 
for a writ of mandamus to enforce the requirements. 
‘‘(5)(A) The time limitations under paragraphs (3) 
and (4) shall apply to an initial application described in 
paragraph (2), any second or successive application de-
scribed in paragraph (2), and any redetermination of an 
application described in paragraph (2) or related appeal 
following a remand by the court of appeals or the Supreme 
Court for further proceedings. 
‘‘(B) In proceedings following remand in the district 
court, time limits running from the time the State files 
its answer under paragraph (3) shall run from the date 
the remand is ordered if further briefing is not required 
in the district court. If there is further briefing following 
remand in the district court, such time limits shall run 
from the date on which a responsive brief is filed or, if 
no timely responsive brief is filed, the date on which such 
brief is due. 
‘‘(C) In proceedings following remand in the court of 
appeals, the time limit specified in paragraph (4)(B) shall 
run from the date the remand is ordered if further briefing 
is not required in the court of appeals. If there is further 
briefing in the court of appeals, the time limit specified
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in paragraph (4)(B) shall run from the date on which a 
responsive brief is filed or, if no timely responsive brief 
is filed, from the date on which such brief is due. 
‘‘(6) The failure of a court to meet or comply with 
a time limitation under this subsection shall not be a 
ground for granting relief from a judgment of conviction 
or sentence, nor shall the time limitations under this sub-
section be construed to entitle a capital applicant to a stay 
of execution, to which the applicant would otherwise not 
be entitled, for the purpose of litigating any application 
or appeal. 
‘‘(k) SENTENCING CLAIMS.—A court, justice, or 
judge shall not have jurisdiction to consider an application 
with respect to an error relating to the applicant’s sen-
tence or sentencing that has been found to be harmless 
or not prejudicial in State court proceedings, or that was 
found by a State court to be procedurally barred, unless 
a determination that the error is not structural is contrary 
to clearly established Federal law, as determined by the 
Supreme Court of the United States.’’. 
(b) VICTIMS’ RIGHTS IN HABEAS CASES.—Section 
3771(b) of title 18, United States Code, is amended by 
adding at the end the following: ‘‘The rights established 
for crime victims by this section shall also be extended