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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. 503. ACCESS TO FEDERAL CRIME INFORMATION DATA-
BASES BY CHILD WELFARE AGENCIES FOR 
CERTAIN PURPOSES. 
(a) IN GENERAL.—The Attorney General of the 
United States shall, upon request of the chief executive
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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) sub-
mitted by a local child welfare agency for the purpose of 
conducting a background check required under section 
471(a)(20) of the Social Security Act on individuals under 
consideration as prospective foster or adoptive parents. 
Where possible, the check shall include a fingerprint-based 
check of State criminal history databases. The Attorney 
General and the States may charge any applicable fees for 
the checks. 
(b) LIMITATION.—An officer may use the authority 
under subsection (a) only for the purpose of conducting 
the background checks required under section 471(a)(20) 
of the Social Security Act. 
(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.
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(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 licensing or approval 
of foster or adoptive parents. 
SEC. 504. 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. 505. 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’’;
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(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. 506. 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
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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. 507. SEX OFFENDER SUBMISSION TO SEARCH AS CON-
DITION OF RELEASE. 
(a) CONDITIONS OF PROBATION.—Section 3563(a) of 
title 18, United States Code, is amended— 
(1) in paragraph (9), by striking the period and 
inserting ‘‘; and’’; and 
(2) by inserting after paragraph (9) the fol-
lowing:
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‘‘(10) for a person who is a felon or required 
to register under the Sex Offender Registration and 
Notification Act, that the person submit his person, 
and any property, house, residence, vehicle, papers, 
computer, other electronic communication or data 
storage devices or media, and effects to search at 
any time, with or without a warrant, by any law en-
forcement or probation officer with reasonable sus-
picion concerning a violation of a condition of proba-
tion or unlawful conduct by the person, and by any 
probation officer in the lawful discharge of the offi-
cer’s supervision functions.’’. 
(b) SUPERVISED RELEASE.—Section 3583(d) of title 
18, United States Code, is amended by adding at the end 
the following: ‘‘The court may order, as an explicit condi-
tion of supervised release for a person who is a felon or 
required to register under the Sex Offender Registration 
and Notification Act, that the person submit his person, 
and any property, house, residence, vehicle, papers, com-
puter, other electronic communications or data storage de-
vices or media, and effects to search at any time, with 
or without a warrant, by any law enforcement or probation 
officer with reasonable suspicion concerning a violation of 
a condition of supervised release or unlawful conduct by
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the person, and by any probation officer in the lawful dis-
charge of the officer’s supervision functions.’’. 
SEC. 508. KIDNAPPING PENALTIES AND JURISDICTION. 
Section 1201 of title 18, United States Code, is 
amended— 
(1) in subsection (a)(1), by striking ‘‘if the per-
son was alive when the transportation began’’ and 
inserting ‘‘, or the offender travels in interstate or 
foreign commerce or uses the mail or any means, fa-
cility, or instrumentality of interstate or foreign 
commerce in committing or in furtherance of the 
commission of the offense’’; and 
(2) in subsection (b), by striking ‘‘to interstate’’ 
and inserting ‘‘in interstate’’. 
SEC. 509. MARITAL COMMUNICATION AND ADVERSE SPOUS-
AL PRIVILEGE. 
(a) IN GENERAL.—Chapter 119 of title 28, United 
States Code, is amended by inserting after section 1826 
the following: 
‘‘§ 1826A. Marital communications and adverse spous-
al privilege 
‘‘The confidential marital communication privilege 
and the adverse spousal privilege shall be inapplicable in 
any Federal proceeding in which a spouse is charged with 
a crime against—
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‘‘(1) a child of either spouse; or 
‘‘(2) a child under the custody or control of ei-
ther spouse.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 119 of title 28, United 
States Code, is amended by inserting after the item relat-
ing to section 1826 the following: 
‘‘1826A. Marital communications and adverse spousal privilege.’’. 
SEC. 510. ABUSE AND NEGLECT OF INDIAN CHILDREN. 
Section 1153(a) of title 18, United States Code, is 
amended by inserting ‘‘felony child abuse or neglect,’’ 
after ‘‘years,’’. 
SEC. 511. CIVIL COMMITMENT. 
Chapter 313 of title 18, United States Code, is 
amended— 
(1) in the chapter analysis— 
(A) in the item relating to section 4241, by 
inserting ‘‘or to undergo postrelease pro-
ceedings’’ after ‘‘trial’’; and 
(B) by inserting at the end the following: 
‘‘4248. Civil commitment of a sexually dangerous person.’’; 
(2) in section 4241— 
(A) in the heading, by inserting ‘‘OR TO 
UNDERGO
POSTRELEASE
PROCEEDINGS’’ 
after ‘‘TRIAL’’;
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(B) in the first sentence of subsection (a), 
by inserting ‘‘or at any time after the com-
mencement of probation or supervised release 
and prior to the completion of the sentence,’’ 
after ‘‘defendant,’’; 
(C) in subsection (d)— 
(i) by striking ‘‘trial to proceed’’ each 
place it appears and inserting ‘‘proceedings 
to go forward’’; and 
(ii) by striking ‘‘section 4246’’ and in-
serting ‘‘sections 4246 and 4248’’; and 
(D) in subsection (e)— 
(i) by inserting ‘‘or other proceedings’’ 
after ‘‘trial’’; and 
(ii) by striking ‘‘chapter 207’’ and in-
serting ‘‘chapters 207 and 227’’; 
(3) in section 4247— 
(A) by striking ‘‘, or 4246’’ each place it 
appears and inserting ‘‘, 4246, or 4248’’; 
(B) in subsections (g) and (i), by striking 
‘‘4243 or 4246’’ each place it appears and in-
serting ‘‘4243, 4246, or 4248’’; 
(C) in subsection (a)— 
(i) by amending subparagraph (1)(C) 
to read as follows:
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‘‘(C) drug, alcohol, and sex offender treat-
ment programs, and other treatment programs 
that will assist the individual in overcoming a 
psychological or physical dependence or any 
condition that makes the individual dangerous 
to others; and’’; 
(ii) in paragraph (2), by striking 
‘‘and’’ at the end; 
(iii) in paragraph (3), by striking the 
period at the end and inserting a semi-
colon; and 
(iv) by inserting at the end the fol-
lowing: 
‘‘(4) ‘bodily injury’ includes sexual abuse; 
‘‘(5) ‘sexually dangerous person’ means a per-
son who has engaged or attempted to engage in sex-
ually violent conduct or child molestation and who is 
sexually dangerous to others; and 
‘‘(6) ‘sexually dangerous to others’ means that 
a person suffers from a serious mental illness, ab-
normality, or disorder as a result of which he would 
have serious difficulty in refraining from sexually 
violent conduct or child molestation if released.’’;
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(D) in subsection (b), by striking ‘‘4245 or 
4246’’ and inserting ‘‘4245, 4246, or 4248’’; 
and 
(E) in subsection (c)(4)— 
(i) by redesignating subparagraphs 
(D) and (E) as subparagraphs (E) and (F) 
respectively; and 
(ii) by inserting after subparagraph 
(C) the following: 
‘‘(D) if the examination is ordered under 
section 4248, whether the person is a sexually 
dangerous person;’’; and 
(4) by inserting at the end the following: 
‘‘§ 4248. Civil commitment of a sexually dangerous 
person 
‘‘(a) INSTITUTION OF PROCEEDINGS.—In relation to 
a person who is in the custody of the Bureau of Prisons, 
or who has been committed to the custody of the Attorney 
General pursuant to section 4241(d), or against whom all 
criminal charges have been dismissed solely for reasons 
relating to the mental condition of the person, the Attor-
ney General or any individual authorized by the Attorney 
General or the Director of the Bureau of Prisons may cer-
tify that the person is a sexually dangerous person, and 
transmit the certificate to the clerk of the court for the
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district in which the person is confined. The clerk shall 
send a copy of the certificate to the person, and to the 
attorney for the Government, and, if the person was com-
mitted pursuant to section 4241(d), to the clerk of the 
court that ordered the commitment. The court shall order 
a hearing to determine whether the person is a sexually 
dangerous person. A certificate filed under this subsection 
shall stay the release of the person pending completion of 
procedures contained in this section. 
‘‘(b) PSYCHIATRIC
OR PSYCHOLOGICAL EXAMINA-
TION AND REPORT.—Prior to the date of the hearing, the 
court may order that a psychiatric or psychological exam-
ination of the defendant be conducted, and that a psy-
chiatric or psychological report be filed with the court, 
pursuant to the provisions of section 4247(b) and (c). 
‘‘(c) HEARING.—The hearing shall be conducted pur-
suant to the provisions of section 4247(d). 
‘‘(d) DETERMINATION AND DISPOSITION.—If, after 
the hearing, the court finds by clear and convincing evi-
dence that the person is a sexually dangerous person, the 
court shall commit the person to the custody of the Attor-
ney General. The Attorney General shall release the per-
son to the appropriate official of the State in which the 
person is domiciled or was tried if such State will assume 
responsibility for his custody, care, and treatment. The
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Attorney General shall make all reasonable efforts to 
cause such a State to assume such responsibility. If, not-
withstanding such efforts, neither such State will assume 
such responsibility, the Attorney General shall place the 
person for treatment in a suitable facility, until— 
‘‘(1) such a State will assume such responsi-
bility; or 
‘‘(2) the person’s condition is such that he is no 
longer sexually dangerous to others, or will not be 
sexually dangerous to others if released under a pre-
scribed regimen of medical, psychiatric, or psycho-
logical care or treatment; 
whichever is earlier. The Attorney General shall make all 
reasonable efforts to have a State to assume such respon-
sibility for the person’s custody, care, and treatment. 
‘‘(e) DISCHARGE.—When the Director of the facility 
in which a person is placed pursuant to subsection (d) de-
termines that the person’s condition is such that he is no 
longer sexually dangerous to others, or will not be sexually 
dangerous to others if released under a prescribed regimen 
of medical, psychiatric, or psychological care or treatment, 
he shall promptly file a certificate to that effect with the 
clerk of the court that ordered the commitment. The clerk 
shall send a copy of the certificate to the person’s counsel 
and to the attorney for the Government. The court shall
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order the discharge of the person or, on motion of the at-
torney for the Government or on its own motion, shall hold 
a hearing, conducted pursuant to the provisions of section 
4247(d), to determine whether he should be released. If, 
after the hearing, the court finds by a preponderance of 
the evidence that the person’s condition is such that— 
‘‘(1) he will not be sexually dangerous to others 
if released unconditionally, the court shall order that 
he be immediately discharged; or 
‘‘(2) he will not be sexually dangerous to others 
if released under a prescribed regimen of medical, 
psychiatric, or psychological care or treatment, the 
court shall— 
‘‘(A) order that he be conditionally dis-
charged under a prescribed regimen of medical, 
psychiatric, or psychological care or treatment 
that has been prepared for him, that has been 
certified to the court as appropriate by the Di-
rector of the facility in which he is committed, 
and that has been found by the court to be ap-
propriate; and 
‘‘(B) order, as an explicit condition of re-
lease, that he comply with the prescribed regi-
men of medical, psychiatric, or psychological 
care or treatment.
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The court at any time may, after a hearing employ-
ing the same criteria, modify or eliminate the regi-
men of medical, psychiatric, or psychological care or 
treatment. 
‘‘(f) REVOCATION OF CONDITIONAL DISCHARGE.— 
The director of a facility responsible for administering a 
regimen imposed on a person conditionally discharged 
under subsection (e) shall notify the Attorney General and 
the court having jurisdiction over the person of any failure 
of the person to comply with the regimen. Upon such no-
tice, or upon other probable cause to believe that the per-
son has failed to comply with the prescribed regimen of 
medical, psychiatric, or psychological care or treatment, 
the person may be arrested, and, upon arrest, shall be 
taken without unnecessary delay before the court having 
jurisdiction over him. The court shall, after a hearing, de-
termine whether the person should be remanded to a suit-
able facility on the ground that he is sexually dangerous 
to others in light of his failure to comply with the pre-
scribed regimen of medical, psychiatric, or psychological 
care or treatment. 
‘‘(g) RELEASE TO STATE OF CERTAIN OTHER PER-
SONS.—If the director of the facility in which a person 
is hospitalized or placed pursuant to this chapter certifies 
to the Attorney General that a person, against him all
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charges have been dismissed for reasons not related to the 
mental condition of the person, is a sexually dangerous 
person, the Attorney General shall release the person to 
the appropriate official of the State in which the person 
is domiciled or was tried for the purpose of institution of 
State proceedings for civil commitment. If neither such 
State will assume such responsibility, the Attorney Gen-
eral shall release the person upon receipt of notice from 
the State that it will not assume such responsibility, but 
not later than 10 days after certification by the director 
of the facility.’’. 
SEC. 512. STATE CIVIL COMMITMENT PROGRAMS FOR SEX-
UALLY DANGEROUS PERSONS. 
(a) GRANTS AUTHORIZED.—The Attorney General 
shall make grants to jurisdictions for the purpose of estab-
lishing, enhancing, or operating effective civil commitment 
programs for sexually dangerous persons. 
(b) ELIGIBILITY.— 
(1) IN GENERAL.—To be eligible to receive a 
grant under this section, a jurisdiction must, before 
the expiration of the compliance period— 
(A) have established a civil commitment 
program for sexually dangerous persons that is 
consistent with guidelines issued by the Attor-
ney General; or
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(B) submit a plan for the establishment of 
such a program. 
(2) COMPLIANCE PERIOD.—The compliance pe-
riod referred to in paragraph (1) expires on the date 
that is 2 years after the date of the enactment of 
this Act. However, the Attorney General may, on a 
case-by-case basis, extend the compliance period that 
applies to a jurisdiction if the Attorney General con-
siders such an extension to be appropriate. 
(c) ATTORNEY GENERAL REPORTS.—Not later than 
January 31 of each year, beginning with 2008, the Attor-
ney General shall submit to the Committee on the Judici-
ary of the Senate and the Committee on the Judiciary of 
the House of Representatives a report on the progress of 
jurisdictions in implementing this section and the rate of 
sexually violent offenses for each jurisdiction. 
(d) DEFINITIONS.—As used in this section: 
(1) The term ‘‘civil commitment program’’ 
means a program that involves— 
(A) secure civil confinement, including ap-
propriate control, care, and treatment during 
such confinement; and 
(B) appropriate supervision, care, and 
treatment for individuals released following 
such confinement.
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(2) The term ‘‘sexually dangerous person’’ 
means an individual who is dangerous to others be-
cause of a mental illness, abnormality, or disorder 
that creates a risk that the individual will engage in 
sexually violent conduct or child molestation. 
(3) The term ‘‘jurisdiction’’ has the meaning 
given such term in section 111. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$10,000,000 for each of fiscal years 2006, 2007, 2008, 
and 2009. 
SEC. 513. MANDATORY PENALTIES FOR SEX-TRAFFICKING 
OF CHILDREN. 
Section 1591(b) of title 18, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘or imprisonment’’ and in-
serting ‘‘and imprisonment’’; 
(B) by inserting ‘‘not less than 20’’ after 
‘‘any term of years’’; and 
(C) by striking ‘‘, or both’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘or imprisonment for not’’ 
and inserting ‘‘and imprisonment for not less 
than 10 years nor’’; and
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(B) by striking ‘‘, or both’’. 
SEC. 514. SEXUAL ABUSE OF WARDS. 
Chapter 109A of title 18, United States Code, is 
amended— 
(1) in section 2243(b), by striking ‘‘one year’’ 
and inserting ‘‘five years’’; 
(2) in section 2244(b), by striking ‘‘six months’’ 
and inserting ‘‘two years’’; and 
(3) by inserting after ‘‘Federal prison,’’ each 
place it appears, other than the second sentence of 
section 2241(c), the following: ‘‘or being in the cus-
tody of the Attorney General or the Bureau of Pris-
ons or confined in any institution or facility by di-
rection of the Attorney General or the Bureau of 
Prisons,’’. 
SEC. 515. NO LIMITATION FOR PROSECUTION OF FELONY 
SEX OFFENSES. 
Chapter 213 of title 18, United States Code, is 
amended— 
(1) by adding at the end the following: 
‘‘§ 3298. Child abduction and sex offenses 
‘‘Notwithstanding any other law, an indictment may 
be found or an information instituted at any time without 
limitation for any offense under section 1201 involving a
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minor victim, and for any felony under chapter 109A, 110, 
or 117, or section 1591.’’; and 
(2) by adding at the end of the table of sections 
at the beginning of the chapter the following new 
item: 
‘‘3298. Child abduction and sex offenses.’’. 
SEC. 516. CHILD ABUSE REPORTING. 
Section 2258 of title 18, United States Code, is 
amended by striking ‘‘Class B misdemeanor’’ and insert-
ing ‘‘Class A misdemeanor’’. 
SEC. 517. SENSE OF CONGRESS. 
It is the sense of Congress that background checks 
conducted as a precondition to approval of any foster or 
adoptive placement of children affected by a natural dis-
aster or terrorist attack should be expedited in order to 
ensure that such children do not become subjected to the 
offenses enumerated in this Act. 
SEC. 518. DEFENDANTS IN CERTAIN CRIMINAL CASES TO 
BE TESTED FOR HIV. 
(a) IN GENERAL.—A jurisdiction shall have in effect 
laws or regulations with respect to a defendant against 
whom an information or indictment is presented for a 
crime in which by force or threat of force the perpetrator 
compels the victim to engage in sexual activity that require 
as follows:
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(1) That the defendant be tested for HIV dis-
ease if— 
(A) the nature of the alleged crime is such 
that the sexual activity would have placed the 
victim at risk of becoming infected with HIV; 
or 
(B) the victim requests that the defendant 
be so tested. 
(2) That if the conditions specified in para-
graph (1) are met, the defendant undergo the test 
not later than 48 hours after the date on which the 
information or indictment is presented, and that as 
soon thereafter as is practicable the results of the 
test be made available to— 
(A) the victim; 
(B) the defendant (or if the defendant is 
a minor, to the legal guardian of the defend-
ant); 
(C) the attorneys of the victim; 
(D) the attorneys of the defendant; 
(E) the prosecuting attorneys; and 
(F) the judge presiding at the trial, if any. 
(3) That if the defendant has been tested pur-
suant to paragraph (2), the defendant, upon request 
of the victim, undergo such follow-up tests for HIV
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as may be medically appropriate, and that as soon 
as is practicable after each such test the results of 
the test be made available in accordance with para-
graph (1) (except that this paragraph applies only to 
the extent that the individual involved continues to 
be a defendant in the judicial proceedings involved, 
or is convicted in the proceedings). 
(4) That, if the results of a test conducted pur-
suant to paragraph (2) or (3) indicate that the de-
fendant has HIV disease, such fact may, as relevant, 
be considered in the judicial proceedings conducted 
with respect to the alleged crime. 
(b) FAILURE TO COMPLY.— 
(1) IN GENERAL.—For any fiscal year begin-
ning 2 or more years after the date of the enactment 
of this Act, a jurisdiction that fails to implement 
this section shall not receive 10 percent of the funds 
that would otherwise be allocated for that fiscal year 
to the jurisdiction under each of the following pro-
grams: 
(A) BYRNE.—Subpart 1 of part E of title 
I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3750 et seq.), 
whether characterized as the Edward Byrne 
Memorial State and Local Law Enforcement
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Assistance Programs, the Edward Byrne Me-
morial Justice Assistance Grant Program, or 
otherwise. 
(B) LLEBG.—The Local Government 
Law Enforcement Block Grants program. 
(2) REALLOCATION.—Amounts not allocated 
under a program referred to in paragraph (1) to a 
jurisdiction for failure to fully implement this section 
shall be reallocated under that program to jurisdic-
tions that have not failed to implement this section. 
TITLE VI—MISCELLANEOUS 
PROVISION 
SEC. 601. BAN ON FIREARM FOR PERSON CONVICTED OF A 
MISDEMEANOR SEX OFFENSE AGAINST A 
MINOR. 
(a) DISPOSITION OF FIREARM.—Section 922(d) of 
title 18, United States Code, is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(8); 
(2) by striking the period at the end of para-
graph (9) and inserting ‘‘; or’’; and 
(3) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) has been convicted in any court of a mis-
demeanor sex offense against a minor.’’.
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(b) POSSESSION OF FIREARM.—Section 922(g) of 
title 18, United States Code, is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(8); 
(2) by striking the comma at the end of para-
graph (9) and inserting ‘‘; or’’; and 
(3) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) who has been convicted in any court of 
a misdemeanor sex offense against a minor,’’. 
(c) MISDEMEANOR SEX OFFENSE AGAINST A MINOR 
DEFINED.—Section 921(a) of such title is amended by 
adding at the end the following: 
‘‘(36)(A) The term ‘misdemeanor sex offense 
against a minor’ means a sex offense against a 
minor punishable by imprisonment for not more 
than one year. 
‘‘(B) The term ‘sex offense’ means a criminal 
offense that has, as an element, a sexual act or sex-
ual contact with another, or an attempt or con-
spiracy to commit such an offense. 
‘‘(C) The term ‘minor’ means an individual who 
has not attained 18 years of age.’’.
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TITLE VII—NATIONAL REGISTER 
OF CASES OF CHILD ABUSE 
OR NEGLECT 
SEC. 701. NATIONAL REGISTER OF CASES OF CHILD ABUSE 
OR NEGLECT. 
(a) IN GENERAL.—The Attorney General, in con-
sultation with the Secretary of Health and Human Serv-
ices, shall create a national register of cases of child abuse 
or neglect. The information in such register shall be sup-
plied by States, or, at the option of a State, by political 
subdivisions of such State. 
(b) INFORMATION.—The register described in sub-
section (a) shall collect in a central electronic database in-
formation on children reported to a State, or a political 
subdivision of a State, as abused or neglected. 
(c) SCOPE OF INFORMATION.— 
(1) IN GENERAL.— 
(A) TREATMENT OF REPORTS.—The infor-
mation to be provided to the Secretary of 
Health and Human Services under this section 
shall relate to substantiated reports of child 
abuse or neglect. Except as provided in sub-
paragraph (B), each State, or, at the option of 
a State, each political subdivision of such State, 
shall determine whether the information to be
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provided to the Secretary of Health and Human 
Services under this section shall also relate to 
reports of suspected instances of child abuse or 
neglect that were unsubstantiated or deter-
mined to be unfounded. 
(B) EXCEPTION.—If a State or political 
subdivision of a State has an equivalent elec-
tronic register of cases of child abuse or neglect 
that it maintains pursuant to a requirement or 
authorization under any other provision of law, 
the information provided to the Secretary of 
Health and Human Services under this section 
shall be coextensive with that in such register. 
(2) FORM.—Information provided to the Sec-
retary of Health and Human Services under this 
section— 
(A) shall be in a standardized electronic 
form determined by the Secretary of Health 
and Human Services; and 
(B) shall contain case-specific identifying 
information, except that, at the option of the 
entity supplying the information, the confiden-
tiality of identifying information concerning an 
individual initiating a report or complaint re-
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garding a suspected or known instance of child 
abuse or neglect may be maintained. 
(d) CONSTRUCTION.—This section shall not be con-
strued to require a State or political subdivision of a State 
to modify— 
(1) an equivalent register of cases of child 
abuse or neglect that it maintains pursuant to a re-
quirement or authorization under any other provi-
sion of law; or 
(2) any other record relating to child abuse or 
neglect, regardless of whether the report of abuse or 
neglect was substantiated, unsubstantiated, or deter-
mined to be unfounded. 
(e) DISSEMINATION.—The Attorney General, in con-
sultation with the Secretary of Health and Human Serv-
ices, shall establish standards for the dissemination of in-
formation in the national register of cases of child abuse 
or neglect. Such standards shall preserve the confiden-
tiality of records in order to protect the rights of the child 
and the child’s parents or guardians while also ensuring 
that Federal, State, and local government entities have ac-
cess to such information in order to carry out their respon-
sibilities under law to protect children from abuse and ne-
glect.
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(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for fiscal year 2006 and 
succeeding fiscal years. 
TITLE 
VIII—CHILD 
PORNOG-
RAPHY PREVENTION ACT OF 
2005 
SEC. 801. SHORT TITLE. 
This title may be cited as the ‘‘Child Pornography 
Prevention Act of 2005’’. 
SEC. 802. FINDINGS. 
Congress makes the following findings: 
(1) The effect of the intrastate production, 
transportation, distribution, receipt, advertising, and 
possession of child pornography on interstate market 
in child pornography. 
(A) The illegal production, transportation, 
distribution, receipt, advertising and possession 
of child pornography, as defined in section 
2256(8) of title 18, United States Code, as well 
as the transfer of custody of children for the 
production of child pornography, is harmful to 
the physiological, emotional, and mental health 
of the children depicted in child pornography
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and has a substantial and detrimental effect on 
society as a whole. 
(B) A substantial interstate market in 
child pornography exists, including not only a 
multimillion dollar industry, but also a nation-
wide network of individuals openly advertising 
their desire to exploit children and to traffic in 
child pornography. Many of these individuals 
distribute child pornography with the expecta-
tion of receiving other child pornography in re-
turn. 
(C) The interstate market in child pornog-
raphy is carried on to a substantial extent 
through the mails and other instrumentalities 
of interstate and foreign commerce, such as the 
Internet. The advent of the Internet has greatly 
increased the ease of transporting, distributing, 
receiving, and advertising child pornography in 
interstate commerce. The advent of digital cam-
eras and digital video cameras, as well as video-
tape cameras, has greatly increased the ease of 
producing child pornography. The advent of in-
expensive computer equipment with the capacity 
to store large numbers of digital images of child 
pornography has greatly increased the ease of
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possessing child pornography. Taken together, 
these technological advances have had the un-
fortunate result of greatly increasing the inter-
state market in child pornography. 
(D) Intrastate incidents of production, 
transportation, distribution, receipt, advertising, 
and possession of child pornography, as well as 
the transfer of custody of children for the pro-
duction of child pornography, have a substantial 
and direct effect upon interstate commerce be-
cause: 
(i) Some persons engaged in the pro-
duction, transportation, distribution, re-
ceipt, advertising, and possession of child 
pornography conduct such activities en-
tirely within the boundaries of one state. 
These persons are unlikely to be content 
with the amount of child pornography they 
produce, transport, distribute, receive, ad-
vertise, or possess. These persons are 
therefore likely to enter the interstate mar-
ket in child pornography in search of addi-
tional child pornography, thereby stimu-
lating demand in the interstate market in 
child pornography.
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(ii) When the persons described in 
subparagraph (D)(i) enter the interstate 
market in search of additional child por-
nography, they are likely to distribute the 
child pornography they already produce, 
transport, distribute, receive, advertise, or 
possess to persons who will distribute addi-
tional child pornography to them, thereby 
stimulating supply in the interstate market 
in child pornography. 
(iii) Much of the child pornography 
that supplies the interstate market in child 
pornography is produced entirely within 
the boundaries of one state, is not trace-
able, and enters the interstate market sur-
reptitiously. This child pornography sup-
ports demand in the interstate market in 
child pornography and is essential to its 
existence. 
(E) Prohibiting the intrastate production, 
transportation, distribution, receipt, advertising, 
and possession of child pornography, as well as 
the intrastate transfer of custody of children for 
the production of child pornography, will cause 
some persons engaged in such intrastate activi-
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ties to cease all such activities, thereby reducing 
both supply and demand in the interstate mar-
ket for child pornography. 
(F) Federal control of the intrastate inci-
dents of the production, transportation, dis-
tribution, receipt, advertising, and possession of 
child pornography, as well as the intrastate 
transfer of children for the production of child 
pornography, is essential to the effective control 
of the interstate market in child pornography. 
(2) The importance of protecting children from 
repeat exploitation in child pornography: 
(A) The vast majority of child pornography 
prosecutions today involve images contained on 
computer hard drives, computer disks, and re-
lated media. 
(B) Child pornography is not entitled to 
protection under the First Amendment and 
thus may be prohibited. 
(C) The government has a compelling state 
interest in protecting children from those who 
sexually exploit them, and this interest extends 
to stamping out the vice of child pornography 
at all levels in the distribution chain.
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(D) Every instance of viewing images of 
child pornography represents a renewed viola-
tion of the privacy of the victims and a repeti-
tion of their abuse. 
(E) Child pornography constitutes prima 
facie contraband, and as such should not be dis-
tributed to, or copied by, child pornography de-
fendants or their attorneys. 
(F) It is imperative to prohibit the repro-
duction of child pornography in criminal cases 
so as to avoid repeated violation and abuse of 
victims, so long as the government makes rea-
sonable accommodations for the inspection, 
viewing, and examination of such material for 
the purposes of mounting a criminal defense. 
SEC. 803. STRENGTHENING SECTION 2257 TO ENSURE THAT 
CHILDREN ARE NOT EXPLOITED IN THE PRO-
DUCTION OF PORNOGRAPHY. 
Section 2257 of title 18 of the United States Code 
is amended— 
(1) in subsection (a)(l), by striking ‘‘actual’’; 
(2) in subsection (b), by striking ‘‘actual’’; 
(3) in subsection (f)(4)(A), by striking ‘‘ac-
tual’’;
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(4) by amending paragraph (1) of subsection 
(h) to read as follows: 
‘‘(1) the term ‘sexually explicit conduct’ has the 
meaning set forth in subparagraphs (A)(i) through 
(v) of paragraph (2) of section 2256 of this title;’’; 
(5) in subsection (h)(4), by striking ‘‘actual.’’; 
(6) in subsection (f)— 
(A) at the end of paragraph (3), by strik-
ing ‘‘and’’; 
(B) at the end of paragraph (4)(B), by 
striking the period and inserting ‘‘; and’’; and 
(C) by inserting after paragraph (4)(B) 
the following new paragraph: 
‘‘(5) for any person to whom subsection (a) ap-
plies to refuse to permit the Attorney General or his 
or her delegee to conduct an inspection under sub-
section (c).’’. 
(7) in subsection (h)(3), by striking ‘‘to 
produce, manufacture, or publish any book, maga-
zine, periodical, film, video tape, computer generated 
image, digital image, or picture, or other similar 
matter and includes the duplication, reproduction, or 
reissuing of any such matter, but does not include 
mere distribution or any other activity which does 
not involve hiring, contracting for managing or oth-
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erwise arranging for the participation of the per-
formers depicted’’ and inserting ‘‘actually filming, 
videotaping, photographing; creating a picture, dig-
ital image, or digitally- or computer-manipulated 
image of an actual human being; or digitizing an 
image, of a visual depiction of sexually explicit con-
duct; or, assembling, manufacturing, publishing, du-
plicating, reproducing, or reissuing a book, maga-
zine, periodical, film, videotape, digital image, or pic-
ture, or other matter intended for commercial dis-
tribution, that contains a visual depiction of sexually 
explicit conduct; or, inserting on a computer site or 
service a digital image of, or otherwise managing the 
sexually explicit content, of a computer site or serv-
ice that contains a visual depiction of, sexually ex-
plicit conduct’’; 
(8) in subsection (a), by inserting after ‘‘video-
tape,’’ the following: ‘‘digital image, digitally- or 
computer-manipulated image of an actual human 
being, or picture,’’; and 
(9) in subsection (f)(4), by inserting after 
‘‘video’’ the following: ‘‘digital image, digitally- or 
computer-manipulated image of an actual human 
being, or picture,’’.
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SEC. 804. PREVENTION OF DISTRIBUTION OF CHILD POR-
NOGRAPHY USED AS EVIDENCE IN PROSECU-
TIONS. 
Section 3509 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(m) PROHIBITION ON REPRODUCTION OF CHILD 
PORNOGRAPHY.— 
‘‘(1) In any criminal proceeding, any property 
or material that constitutes child pornography (as 
defined by section 2256 of this title) must remain in 
the care, custody, and control of either the Govern-
ment or the court. 
‘‘(2)(A) Notwithstanding Rule 16 of the Fed-
eral Rules of Criminal Procedure, a court shall deny, 
in any criminal proceeding, any request by the de-
fendant to copy, photograph, duplicate, or otherwise 
reproduce any property or material that constitutes 
child pornography (as defined by section 2256 of 
this title), so long as the Government makes the 
property or material reasonably available to the de-
fendant. 
‘‘(B) For the purposes of subparagraph (A), 
property or material shall be deemed to be reason-
ably available to the defendant if the Government 
provides ample opportunity for inspection, viewing, 
and examination at a Government facility of the
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property or material by the defendant, his or her at-
torney, aid any individual the defendant may seek to 
qualify to furnish expert testimony at trial.’’. 
SEC. 805. AUTHORIZING CIVIL AND CRIMINAL ASSET FOR-
FEITURE IN CHILD EXPLOITATION AND OB-
SCENITY CASES. 
(a) CONFORMING FORFEITURE PROCEDURES
FOR 
OBSCENITY OFFENSES.—Section 1467 of title 18, United 
States Code, is amended— 
(1) in subsection (a)(3), by inserting a period 
after ‘‘of such offense’’ and striking all that follows; 
and 
(2) by striking subsections (b) through (n) and 
inserting the following: 
‘‘(b) The provisions of section 413 of the Controlled 
Substance Act (21 U.S.C. 853) with the exception of sub-
section (d), shall apply to the criminal forfeiture of prop-
erty pursuant to subsection (a). 
‘‘(c) Any property subject to forfeiture pursuant to 
subjection (a) may be forfeited to the United States in 
a civil case in accordance with the procedures set forth 
in chapter 46 of this title.’’. 
(b) AMENDMENTS TO CHILD EXPLOITATION FOR-
FEITURE PROVISIONS.—
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(1) CRIMINAL FORFEITURE.—Section 2253(a) 
of title 18, United States Code, is amended— 
(A) in the matter preceding paragraph (1) 
by— 
(i) inserting ‘‘or who is convicted of 
an offense under sections 2252B or 2257 
of this chapter,’’ after ‘‘2260 of this chap-
ter’’; 
(ii) inserting ‘‘, or 2425’’ after 
‘‘2423’’ and striking ‘‘or’’ before ‘‘2423’’; 
and 
(iii) inserting ‘‘or an offense under 
chapter 109A’’ after ‘‘of chapter 117’’; and 
(B) in paragraph (I), by inserting ‘‘, 
2252A, 2252B or 2257’’ after ‘‘2252’’. 
(2) CIVIL
FORFEITURE.—Section 2254(a) of 
title 18, United States Code, is amended— 
(A) in paragraph (1), by inserting ‘‘, 
2252A, 2252B, or 2257’’ after ‘‘2252’’; 
(B) in paragraph (2) — 
(i) by striking ‘‘or’’ and inserting ‘‘of’’ 
before ‘‘chapter 117’’; 
(ii) by inserting ‘‘, or an offense under 
section 2252B or 2257 of this chapter,’’ 
after ‘‘Chapter 117,’’ and
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(iii) by inserting ‘‘, or an offense 
under chapter 109A’’ before the period; 
and 
(C) in paragraph (3) by— 
(i) inserting ‘‘, or 2425’’ after ‘‘2423’’ 
and striking ‘‘or’’ before ‘‘2423’’; and 
(ii) inserting ‘‘, a violation of section 
2252B or 2257 of this chapter, or a viola-
tion of chapter 109A’’ before the period. 
(c) AMENDMENTS TO RICO.—Section 1961(1)(B) of 
title 18, United States Code, is amended by inserting 
‘‘2252A, 2252B,’’ after ‘‘2252’’. 
SEC. 806. PROHIBITING THE PRODUCTION OF OBSCENITY 
AS WELL AS TRANSPORTATION, DISTRIBU-
TION, AND SALE. 
(a) SECTION 1465.—Section 1465 of title 18 of the 
United States Code is amended— 
(1) by inserting ‘‘Production and’’ before 
‘‘Transportation’’ in the heading of the section; 
(2) by inserting ‘‘produces with the intent to 
transport, distribute, or transmit in interstate or 
foreign commerce, or whoever knowingly’’ after 
‘‘whoever knowingly’’ and before ‘‘transports or trav-
els in’’; and
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(3) by inserting a comma after ‘‘in or affecting 
such commerce’’. 
(b) SECTION 1466.—Section 1466 of title 18 of the 
United States Code is amended— 
(1) in subsection (a), by inserting ‘‘producing 
with intent to distribute or sell, or’’ before ‘‘selling 
or transferring obscene matter,’’; 
(2) in subsection (b), by inserting, ‘‘produces’’ 
before ‘‘sells or transfers or offers to sell or transfer 
obscene matter’’; and 
(3) in subsection (b) by inserting ‘‘production,’’ 
before ‘‘selling or transferring or offering to sell or 
transfer such material.’’. 
TITLE IX—PERSONAL DATA OF 
CHILDREN 
SEC. 901. MISAPPROPRIATION OF DATA. 
(a) IN GENERAL.—Chapter 88 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1802. Misappropriation of personal data of chil-
dren 
‘‘Whoever, in or affecting interstate or foreign com-
merce, knowingly misappropriates the personally identifi-
able information of a person who has not attained the age
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of 18 years shall be fined under this title or imprisoned 
not more than 10 years, or both.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 88 of title 18, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘1802. Misappropriation of personal data of children.’’. 
TITLE X—LOCAL LAW ENFORCE-
MENT HATE CRIMES PREVEN-
TION 
SEC. 1001. SHORT TITLE. 
This title may be cited as the ‘‘Local Law Enforce-
ment Hate Crimes Prevention Act of 2005’’. 
SEC. 1002. FINDINGS. 
Congress makes the following findings: 
(1) The incidence of violence motivated by the 
actual or perceived race, color, religion, national ori-
gin, gender, sexual orientation, gender identity, or 
disability of the victim poses a serious national prob-
lem. 
(2) Such violence disrupts the tranquility and 
safety of communities and is deeply divisive. 
(3) State and local authorities are now and will 
continue to be responsible for prosecuting the over-
whelming majority of violent crimes in the United 
States, including violent crimes motivated by bias.
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These authorities can carry out their responsibilities 
more effectively with greater Federal assistance. 
(4) Existing Federal law is inadequate to ad-
dress this problem. 
(5) The prominent characteristic of a violent 
crime motivated by bias is that it devastates not just 
the actual victim and the family and friends of the 
victim, but frequently savages the community shar-
ing the traits that caused the victim to be selected. 
(6) Such violence substantially affects interstate 
commerce in many ways, including— 
(A) by impeding the movement of members 
of targeted groups and forcing such members to 
move across State lines to escape the incidence 
or risk of such violence; and 
(B) by preventing members of targeted 
groups from purchasing goods and services, ob-
taining or sustaining employment, or partici-
pating in other commercial activity. 
(7) Perpetrators cross State lines to commit 
such violence. 
(8) Channels, facilities, and instrumentalities of 
interstate commerce are used to facilitate the com-
mission of such violence.
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(9) Such violence is committed using articles 
that have traveled in interstate commerce. 
(10) For generations, the institutions of slavery 
and involuntary servitude were defined by the race, 
color, and ancestry of those held in bondage. Slavery 
and involuntary servitude were enforced, both prior 
to and after the adoption of the 13th amendment to 
the Constitution of the United States, through wide-
spread public and private violence directed at per-
sons because of their race, color, or ancestry, or per-
ceived race, color, or ancestry. Accordingly, elimi-
nating racially motivated violence is an important 
means of eliminating, to the extent possible, the 
badges, incidents, and relics of slavery and involun-
tary servitude. 
(11) Both at the time when the 13th, 14th, and 
15th amendments to the Constitution of the United 
States were adopted, and continuing to date, mem-
bers of certain religious and national origin groups 
were and are perceived to be distinct ‘‘races’’. Thus, 
in order to eliminate, to the extent possible, the 
badges, incidents, and relics of slavery, it is nec-
essary to prohibit assaults on the basis of real or 
perceived religions or national origins, at least to the 
extent such religions or national origins were re-
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garded as races at the time of the adoption of the 
13th, 14th, and 15th amendments to the Constitu-
tion of the United States. 
(12) Federal jurisdiction over certain violent 
crimes motivated by bias enables Federal, State, and 
local authorities to work together as partners in the 
investigation and prosecution of such crimes. 
(13) The problem of crimes motivated by bias 
is sufficiently serious, widespread, and interstate in 
nature as to warrant Federal assistance to States 
and local jurisdictions. 
SEC. 1003. DEFINITION OF HATE CRIME. 
In this title, the term ‘‘hate crime’’ has the same 
meaning as in section 280003(a) of the Violent Crime 
Control and Law Enforcement Act of 1994 (28 U.S.C. 
994 note). 
SEC. 1004. SUPPORT FOR CRIMINAL INVESTIGATIONS AND 
PROSECUTIONS BY STATE AND LOCAL LAW 
ENFORCEMENT OFFICIALS. 
(a) ASSISTANCE OTHER THAN FINANCIAL ASSIST-
ANCE.— 
(1) IN GENERAL.—At the request of a law en-
forcement official of a State or Indian tribe, the At-
torney General may provide technical, forensic, pros-
ecutorial, or any other form of assistance in the
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criminal investigation or prosecution of any crime 
that— 
(A) constitutes a crime of violence (as de-
fined in section 16 of title 18, United States 
Code); 
(B) constitutes a felony under the laws of 
the State or Indian tribe; and 
(C) is motivated by prejudice based on the 
actual or perceived race, color, religion, national 
origin, gender, sexual orientation, gender iden-
tity, or disability of the victim, or is a violation 
of the hate crime laws of the State or Indian 
tribe. 
(2) PRIORITY.—In providing assistance under 
paragraph (1), the Attorney General shall give pri-
ority to crimes committed by offenders who have 
committed crimes in more than 1 State and to rural 
jurisdictions that have difficulty covering the ex-
traordinary expenses relating to the investigation or 
prosecution of the crime. 
(b) GRANTS.— 
(1) IN GENERAL.—The Attorney General may 
award grants to assist State, local, and Indian law 
enforcement officials with the extraordinary expenses
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associated with the investigation and prosecution of 
hate crimes. 
(2) OFFICE OF JUSTICE PROGRAMS.—In imple-
menting the grant program, the Office of Justice 
Programs shall work closely with the funded juris-
dictions to ensure that the concerns and needs of all 
affected parties, including community groups and 
schools, colleges, and universities, are addressed 
through the local infrastructure developed under the 
grants. 
(3) APPLICATION.— 
(A) IN GENERAL.—Each State that desires 
a grant under this subsection shall submit an 
application to the Attorney General at such 
time, in such manner, and accompanied by or 
containing such information as the Attorney 
General shall reasonably require. 
(B) DATE FOR SUBMISSION.—Applications 
submitted pursuant to subparagraph (A) shall 
be submitted during the 60-day period begin-
ning on a date that the Attorney General shall 
prescribe. 
(C) REQUIREMENTS.—A State or political 
subdivision of a State or tribal official applying 
for assistance under this subsection shall—