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under section 920 of title 10 (article 120 of the 
Uniform Code of Military Justice), or under the 
laws of any State relating to the sexual exploi-
tation of children, such person shall be fined 
under this title and imprisoned not less than 35 
years nor more than life.’’ and inserting ‘‘life.’’; 
and 
(E) by striking ‘‘any term of years or for 
life’’ and inserting ‘‘not less than 30 years or 
for life’’. 
(2) ACTIVITIES
RELATING
TO
MATERIAL
IN-
VOLVING
THE
SEXUAL
EXPLOITATION
OF
CHIL-
DREN.—Section 2252(b) of title 18, United States 
Code, is amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘paragraphs (1)’’ and 
inserting ‘‘paragraph (1)’’; 
(ii) by inserting ‘‘section 1591,’’ after 
‘‘this chapter,’’; 
(iii) by inserting ‘‘, or sex trafficking 
of children’’ after ‘‘pornography’’; 
(iv) by striking ‘‘5 years and not more 
than 20 years’’ and inserting ‘‘25 years or 
for life’’; and
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(v) by striking ‘‘not less than 15 years 
nor more than 40 years.’’ and inserting 
‘‘life.’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘or imprisoned not 
more than 10 years’’ and inserting ‘‘and 
imprisoned for not less than 10 nor more 
than 30 years’’; 
(ii) by striking ‘‘, or both’’; and 
(iii) by striking ‘‘10 years nor more 
than 20 years.’’ and inserting ‘‘30 years or 
for life.’’. 
(3) ACTIVITIES RELATING TO MATERIAL CON-
STITUTING OR CONTAINING CHILD PORNOGRAPHY.— 
Section 2252A(b) of title 18, United States Code, is 
amended— 
(A) in paragraph (1)— 
(i) by inserting ‘‘section 1591,’’ after 
‘‘this chapter,’’; 
(ii) by inserting ‘‘, or sex trafficking 
of children’’ after ‘‘pornography’’; 
(iii) by striking ‘‘5 years and not more 
than 20 years’’ and inserting ‘‘25 years or 
for life’’; and
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(iv) by striking ‘‘not less than 15 
years nor more than 40 years’’ and insert-
ing ‘‘life’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘or imprisoned not 
more than 10 years, or both’’ and inserting 
‘‘and imprisoned for not less than 10 nor 
more than 30 years’’; and 
(ii) by striking ‘‘10 years nor more 
than 20 years’’ and inserting ‘‘30 years or 
for life’’. 
(4) USING MISLEADING DOMAIN NAMES TO DI-
RECT CHILDREN TO HARMFUL MATERIAL ON THE 
INTERNET.—Section 2252B(b) of title 18, United 
States Code, is amended by striking ‘‘or imprisoned 
not more than 4 years, or both’’ and inserting ‘‘ and 
imprisoned not less than 10 nor more than 30 
years’’. 
(5) PRODUCTION OF SEXUALLY EXPLICIT DE-
PICTIONS OF CHILDREN.—Section 2260(c) of title 
18, United States Code, is amended by striking 
paragraphs (1) and (2) and inserting the following: 
‘‘(1) shall be fined under this title and impris-
oned for any term or years not less than 25 or for 
life; and
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‘‘(2) if the person has a prior conviction under 
this chapter, section 1591, chapter 71, chapter 
109A, or chapter 117, or under section 920 of title 
10 (article 120 of the Uniform Code of Military Jus-
tice), shall be fined under this title and imprisoned 
for life.’’. 
(c) MANDATORY LIFE IMPRISONMENT FOR CERTAIN 
REPEATED SEX OFFENSES AGAINST CHILDREN.—Sec-
tion 3559(e)(2)(A) of title 18, United States Code, is 
amended— 
(1) by striking ‘‘or 2423(a)’’ and inserting 
‘‘2423(a)’’; and 
(2) by inserting ‘‘, 2423(b) (relating to travel 
with intent to engage in illicit sexual conduct), 
2423(c) (relating to illicit sexual conduct in foreign 
places), or 2425 (relating to use of interstate facili-
ties to transmit information about a minor)’’ after 
‘‘minors)’’. 
SEC. 403. SENSE OF CONGRESS WITH RESPECT TO PROS-
ECUTIONS UNDER SECTION 2422(b) OF TITLE 
18, UNITED STATES CODE. 
(a) FINDINGS.—Congress finds that— 
(1) a jury convicted Jan P. Helder, Jr., of 
using a computer to attempt to entice an individual
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who had not attained the age of 18 years to engage 
in unlawful sexual activity; 
(2) during the trial, evidence showed that Jan 
Helder had engaged in an online chat with an indi-
vidual posing as a minor, who unbeknownst to him, 
was an undercover law enforcement officer; 
(3) notwithstanding, Dean Whipple, District 
Judge for the Western District of Missouri, acquit-
ted Jan Helder, ruling that because he did not, in 
fact, communicate with a minor, he did not commit 
a crime; 
(4) the 9th Circuit Court of Appeals, in United 
States v. Jeffrey Meek, specifically addressed the 
question facing Judge Whipple and concurred with 
the 5th and 11th Circuit Courts in finding that ‘‘an 
actual minor victim is not required for an attempt 
conviction under 18 U.S.C. § 2422(b).’’; 
(5) the Department of Justice has successfully 
used evidence obtained through undercover law en-
forcement to prosecute and convict perpetrators who 
attempted to solicit children on the Internet; and 
(6) the Department of Justice states, ‘‘Online 
child pornography/child sexual exploitation is the 
most significant cyber crime problem confronting the 
FBI that involves crimes against children’’.
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(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) it is a crime under section 2422(b) of title 
18, United States Code, to use a facility of inter-
state commerce to attempt to entice an individual 
who has not attained the age of 18 years into unlaw-
ful sexual activity, even if the perpetrator incorrectly 
believes that the individual has not attained the age 
of 18 years; 
(2) well-established caselaw has established that 
section 2422(b) of title 18, United States Code, 
criminalizes any attempt to entice a minor into un-
lawful sexual activity, even if the perpetrator incor-
rectly believes that the individual has not attained 
the age of 18 years; 
(3) the Department of Justice should appeal 
Judge Whipple’s decision in United States v. Helder, 
Jr. and aggressively continue to track down and 
prosecute sex offenders on the Internet; and 
(4) Judge Whipple’s decision in United States 
v. Helder, Jr. should be overturned in light of the 
law as it is written, the intent of Congress, and well- 
established caselaw.
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TITLE V—FOSTER CHILD PRO-
TECTION AND CHILD SEXUAL 
PREDATOR DETERRENCE 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Foster Child Protec-
tion and Child Sexual Predator Sentencing Act of 2005’’. 
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; 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)—
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(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’’; and 
(B) by adding at the end the following: 
‘‘(C) provides that the State shall— 
‘‘(i) check any child abuse and neglect reg-
istry maintained by the State for information 
on any prospective foster or adoptive parent 
and on any other adult living in the home of 
such a prospective parent, and request any
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other State in which any such prospective par-
ent or other adult has resided in the preceding 
5 years, to enable the State to check any child 
abuse and neglect registry maintained by such 
other State for such information, before the 
prospective foster or adoptive parent may be fi-
nally approved for placement of a child, regard-
less of whether foster care maintenance pay-
ments 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 described in 
clause (i) that is received from another State; 
and 
‘‘(iii) have in place safeguards to prevent 
the unauthorized disclosure of information in 
any child abuse and neglect registry maintained 
by the State, and to prevent any such informa-
tion obtained pursuant 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—
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(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), in the matter pre-
ceding clause (i), by striking ‘‘unless an election pro-
vided for in subparagraph (B) is made with respect 
to the State,’’; 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-