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 
in a Federal habeas corpus proceeding arising out of a 
State conviction to victims of the State offense at issue.’’. 
(c) APPLICATION TO PENDING CASES.— 
(1) IN
GENERAL.—The amendment made by 
this section apply to cases pending on the date of 
the enactment of this Act as well as to cases com-
menced on and after that date. 
(2) SPECIAL
RULE
FOR
TIME
LIMITS.—In a 
case pending on the date of the enactment of this 
Act, if the amendment made by subsection (a) pro-
vides that a time limit runs from an event or time 
that has occurred before that date, the time limit 
shall instead run from that date. 
SEC. 304. STATISTICS. 
(a) COVERAGE.—Subsection (b)(1) of the first sec-
tion of the Hate Crime Statistics Act (28 U.S.C. 534 note) 
is amended by inserting ‘‘gender,’’ before ‘‘or ethnicity’’. 
(b) DATA.—Subsection (b)(5) of the first section of 
the Hate Crime Statistics Act (28 U.S.C. 534 note) is
amended by inserting ‘‘, including data about crimes com-
mitted by and directed against juveniles’’ after ‘‘data ac-
quired under this section’’. 
SEC. 305. STUDY OF INTERSTATE TRACKING OF PERSONS 
CONVICTED OF OR UNDER INVESTIGATION 
FOR CHILD ABUSE. 
(a) STUDY.—The Attorney General, in consultation 
with the Secretary of Health and Human Services, shall 
study the establishment of a nationwide interstate track-
ing system of persons convicted of, or under investigation 
for, child abuse. The study shall include an analysis, along 
with the costs and benefits, of various mechanisms for es-
tablishing an interstate tracking system, and include the 
extent to which existing registries could be used. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary shall report 
to the Congress the results of the study under this section. 
SEC. 306. ACCESS TO FEDERAL CRIME INFORMATION DATA-
BASES BY EDUCATIONAL AGENCIES FOR CER-
TAIN PURPOSES. 
(a) IN GENERAL.—The Attorney General of the 
United States shall, upon request of the chief executive 
officer of a State, conduct fingerprint-based checks of the 
national crime information databases (as defined in sec-
tion 534(e)(3)(A) of title 28, United States Code), pursu-
ant to a request submitted by a local educational agency 
or State educational agency in that State, on individuals 
under consideration for employment by the agency in a 
position in which the individual would work with or around 
children. Where possible, the check shall include a finger-
print-based check of State criminal history databases. The 
Attorney General and the States may charge any applica-
ble fees for these checks. 
(b) PROTECTION OF INFORMATION.—An individual 
having information derived as a result of a check under 
subsection (a) may release that information only to an ap-
propriate officer of a local educational agency or State 
educational agency, or to another person authorized by 
law to receive that information. 
(c) CRIMINAL PENALTIES.—An individual who know-
ingly exceeds the authority in subsection (a), or knowingly 
releases information in violation of subsection (b), shall 
be imprisoned not more than 10 years or fined under title 
18, United States Code, or both. 
(d) DEFINITION.—In this section, the terms ‘‘local 
educational agency’’ and ‘‘State educational agency’’ have 
the meanings given to those terms in section 9101 of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7801).
TITLE 
IV—PROTECTION 
AGAINST 
SEXUAL 
EXPLOI-
TATION OF CHILDREN ACT OF 
2005 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Protection Against 
Sexual Exploitation of Children Act of 2005’’. 
SEC. 402. INCREASED PENALTIES FOR SEXUAL OFFENSES 
AGAINST CHILDREN. 
(a) SEXUAL ABUSE AND CONTACT.— 
(1) AGGRAVATED
SEXUAL
ABUSE
OF
CHIL-
DREN.—Section 2241(c) of title 18, United States 
Code, is amended by striking ‘‘, imprisoned for any 
term of years or life, or both.’’ and inserting ‘‘and 
imprisoned for not less than 30 years or for life.’’. 
(2) ABUSIVE
SEXUAL
CONTACT
WITH
CHIL-
DREN.—Section 2244 of chapter 109A of title 18, 
United States Code, is amended— 
(A) in subsection (a)— 
(i) in paragraph (1), by inserting 
‘‘subsection (a) or (b) of’’ before ‘‘section 
2241’’; 
(ii) by striking ‘‘or’’ at the end of 
paragraph (3);
(iii) by striking the period at the end 
of paragraph (4) and inserting ‘‘; or’’; and 
(iv) by inserting after paragraph (4) 
the following: 
‘‘(5) subsection (c) of section 2241 of this title 
had the sexual contact been a sexual act, shall be 
fined under this title and imprisoned for not less 
than 10 years and not more than 25 years.’’; and 
(B) in subsection (c), by inserting ‘‘(other 
than subsection (a)(5))’’ after ‘‘violates this sec-
tion’’. 
(3) SEXUAL ABUSE OF CHILDREN RESULTING 
IN DEATH.—Section 2245 of title 18, United States 
Code, is amended— 
(A) by inserting ‘‘, chapter 110, chapter 
117, or section 1591’’ after ‘‘this chapter’’; 
(B) by striking ‘‘A person’’ and inserting 
‘‘(a) IN GENERAL.—A person’’; and 
(C) by adding at the end the following: 
‘‘(b) OFFENSES INVOLVING YOUNG CHILDREN.—A 
person who, in the course of an offense under this chapter, 
chapter 110, chapter 117, or section 1591 engages in con-
duct that results in the death of a person who has not 
attained the age of 12 years, shall be punished by death 
or imprisoned for not less than 30 years or for life.’’.
(4) DEATH PENALTY AGGRAVATING FACTOR.— 
Section 3592(c)(1) of title 18, United States Code, 
is amended by inserting ‘‘section 2245 (sexual abuse 
resulting in death),’’ after ‘‘(wrecking trains),’’. 
(b) SEXUAL EXPLOITATION AND OTHER ABUSE OF 
CHILDREN.— 
(1) SEXUAL
EXPLOITATION
OF
CHILDREN.— 
Section 2251(e) of title 18, United States Code, is 
amended— 
(A) by striking ‘‘15 years nor more than 
30 years’’ and inserting ‘‘25 years or for life’’; 
(B) by inserting ‘‘section 1591,’’ after 
‘‘this chapter,’’ the first place it appears; 
(C) by striking ‘‘the sexual exploitation of 
children’’ the first place it appears and insert-
ing ‘‘aggravated sexual abuse, sexual abuse, 
abusive sexual contact involving a minor or 
ward, or sex trafficking of children, or the pro-
duction, possession, receipt, mailing, sale, dis-
tribution, shipment, or transportation of child 
pornography’’; 
(D) by striking ‘‘not less than 25 years nor 
more than 50 years, but if such person has 2 
or more prior convictions under this chapter, 
chapter 71, chapter 109A, or chapter 117, or