[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3129 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3129

To protect foster children and provide appropriate sentencing for child 
                 sex predators, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2005

  Mr. DeLay introduced the following bill; which was referred to the 
 Committee on the Judiciary, and in addition to the Committee on Ways 
 and Means, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To protect foster children and provide appropriate sentencing for child 
                 sex predators, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This title may be cited as the ``Foster Child Protection and Child 
Sexual Predator Sentencing Act of 2005''.

SEC. 2. 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; SUSPENSION AND SUBSEQUENT ELIMINATION OF OPT-
              OUT.

    (a) 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; Suspension of 
Opt-Out.--
            (1) Requirement to check national crime information 
        databases and state child abuse registries.--Section 471(a)(20) 
        of the Social Security Act (42 U.S.C. 671(a)(20)) is amended--
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i)--
                                    (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 
                                payments 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'';
                    (B) by adding ``and'' at the end of subparagraph 
                (B); and
                    (C) by adding at the end the following:
                    ``(C) provides that the State shall--
                            ``(i) check any child abuse and neglect 
                        registry 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 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 
                        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 
                        information 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)--
                    (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
                    (B) by adding ``and'' at the end of clause (ii); 
                and
            (2) by striking subparagraph (B) and redesignating 
        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 regard to whether regulations to implement the 
        amendments are promulgated by such date.
            (2) Elimination of opt-out.--The amendments 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 Security Act for calendar quarters beginning on or after 
        such date, without regard to whether regulations 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 
        Social 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 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 session, each year of the session is deemed 
        to be a separate regular session of the State legislature.

SEC. 3. ACCESS TO FEDERAL CRIME INFORMATION DATABASES 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 appropriate officers of child 
welfare agencies have the authority for ``read only'' online access to 
the databases of the national 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 appropriate officers of child welfare agencies or 
another person authorized by law to receive that information.
    (d) Criminal Penalties.--An individual who knowingly 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 section, the term 
``child welfare agency'' means--
            (1) the State or local agency responsible for administering 
        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. 4. 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. 5. 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'';
            (2) in subsection (b), 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'';
            (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. 6. 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 not more than 20 years, or both'' 
and inserting ``and imprisoned 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. 7. SEX OFFENDER SUBMISSION TO SEARCH AS CONDITION OF RELEASE.

    (a) Conditions of Probation.--Section 3563(a) of title 18, United 
States Code, is amended----
            (1) in paragraph (8), by striking ``and'' at the end;
            (2) in paragraph (9), by striking the period and inserting 
        ``; and''; and
            (3) by inserting after paragraph (9) the following:
            ``(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 
        enforcement or probation officer with reasonable suspicion 
        concerning a violation of a condition of probation or unlawful 
        conduct by the person, and by any probation officer in the 
        lawful discharge of the officer's supervision functions.''.
    (b) Supervised Release.--Section 3583(d) of title 18, United States 
Code, is amended by inserting after ``1994).'' the following: ``The 
court shall order, as an explicit condition 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, computer, other 
electronic communications or data storage devices 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 
the person, and by any probation officer in the lawful discharge of the 
officer's supervision functions.''

SEC. 8. KIDNAPPING PENALTIES AND JURISDICTION.

    Section 1201 of title 18, United States Code, is amended--
            (1) in subsection (a)(1), by striking ``if the person was 
        alive when the transportation began'' and inserting ``, or the 
        offender travels in interstate or foreign commerce or uses the 
        mail or any means, facility, 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. 9. MARITAL COMMUNICATION AND ADVERSE SPOUSAL PRIVILEGE.

    (a) In General.--Chapter 119 of title 28, United States Code, is 
amended by inserting after section 1826 the following:
``Sec. 1826A. Marital communications and adverse spousal 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--
            ``(1) a child of either spouse; or
            ``(2) a child under the custody or control of either 
        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 relating to section 1826 the following:

``1826A. Marital communications and adverse spousal privilege.''.

SEC. 10. 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. 11. 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 proceedings'' 
                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'';
                    (B) in the first sentence of subsection (a), by 
                inserting ``or at any time after the commencement 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 
                        inserting ``sections 4246 and 4248''; and
                    (D) in subsection (e)--
                            (i) by inserting ``or other proceedings'' 
                        after ``trial''; and
                            (ii) by striking ``chapter 207'' and 
                        inserting ``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 inserting ``4243, 
                4246, or 4248'';
                    (C) in subsection (a)--
                            (i) by amending subparagraph (1)(C) to read 
                        as follows:
    ``(C) drug, alcohol, and sex offender treatment 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 ``; and''; and
                            (iv) by inserting at the end the following:
            ``(4) `bodily injury' includes sexual abuse;
            ``(5) `sexually dangerous person' means a person who has 
        engaged or attempted to engage in sexually 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, abnormality, or disorder 
        as a result of which he would have serious difficulty in 
        refraining from sexually violent conduct or child molestation 
        if released.'';
                    (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:
``Sec. 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 Attorney 
General or any individual authorized by the Attorney General or the 
Director of the Bureau of Prisons may certify that the person is a 
sexually dangerous person, and transmit the certificate to the clerk of 
the court for the 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 committed 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 Examination and Report.--Prior 
to the date of the hearing, the court may order that a psychiatric or 
psychological examination of the defendant be conducted, and that a 
psychiatric 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 pursuant to the 
provisions of section 4247(d).
    ``(d) Determination and Disposition.--If, after the hearing, the 
court finds by clear and convincing evidence that the person is a 
sexually dangerous person, the court shall commit the person to the 
custody of the Attorney General. The Attorney General shall release the 
person 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 Attorney General shall make all 
reasonable efforts to cause such a State to assume such responsibility. 
If, notwithstanding 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 responsibility; 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 prescribed regimen of medical, 
        psychiatric, or psychological care or treatment;
whichever is earlier. The Attorney General shall make all reasonable 
efforts to have a State to assume such responsibility 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) determines 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 order the discharge of the person or, 
on motion of the attorney 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 discharged 
                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 Director of the facility in which he 
                is committed, and that has been found by the court to 
                be appropriate; and
                    ``(B) order, as an explicit condition of release, 
                that he comply with the prescribed regimen of medical, 
                psychiatric, or psychological care or treatment.
        The court at any time may, after a hearing employing the same 
        criteria, modify or eliminate the regimen 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 notice, or 
upon other probable cause to believe that the person 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, 
determine whether the person should be remanded to a suitable facility 
on the ground that he is sexually dangerous to others in light of his 
failure to comply with the prescribed regimen of medical, psychiatric, 
or psychological care or treatment.
    ``(g) Release to State of Certain Other Persons.--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 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 
General 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. 12. 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 inserting 
                ``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
                    (B) by striking ``, or both''.

SEC. 13. 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(a)(4), by striking ``six months'' and 
        inserting ``two years'';
            (3) in section 2244(b), by striking ``six months'' and 
        inserting ``two years''; and
            (4) by inserting after ``Federal prison,'' each place it 
        appears , other than the second sentence of section 2241(c), 
        the following: ``, or being in the custody of the Attorney 
        General or the Bureau of Prisons or confined in any institution 
        or facility by direction of the Attorney General or the Bureau 
        of Prisons,''.
                                 <all>