adoption assistance payments are to be 
made’’ and inserting ‘‘regardless of 
whether foster care maintenance pay-
ments or adoption assistance payments 
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 behalf 
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 pro-
spective parent, and request any other State in 
which any such prospective parent 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 finally approved for 
placement of a child, regardless of whether foster 
care maintenance payments or adoption assist-
ance 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— 
(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 subsection 
(a) of this section, is amended— 
(1) in subparagraph (A), in the matter preceding 
clause (i), by striking ‘‘unless an election provided 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 amend-
ments are promulgated by such date. 
(2) ELIMINATION
OF
OPT-OUT.—The amend-
ments made by subsection (b) shall take effect on Oc-
tober 1, 2007, and shall apply with respect to pay-
ments under part E of title IV of the Social Security 
Act for calendar quarters beginning on or after such 
date, without regard to whether regulations to imple-
ment 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 Social Secu-
rity Act to meet the additional requirements imposed
by the amendments made by a subsection of this sec-
tion, the plan shall not be regarded as failing to meet 
any of the additional requirements before the first day 
of the first calendar quarter beginning after the first 
regular session of the State legislature that begins 
after the otherwise applicable effective date of the 
amendments. If the State has a 2-year legislative ses-
sion, each year of the session is deemed to be a sepa-
rate 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 shall, upon 
request of the chief executive of a State, ensure that appro-
priate officers of child welfare agencies have the authority 
for ‘‘read only’’ online access to the databases of the na-
tional 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 casework 
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 sec-
tion, 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 private 
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. 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’’.