[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3132 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3132
To make improvements to the national sex offender registration program,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 30, 2005
Mr. Sensenbrenner (for himself, Mr. Green of Wisconsin, Mr. DeLay, Mr.
Foley, Mr. Chabot, Mr. Poe, Ms. Ginny Brown-Waite of Florida, Mr.
Gillmor, Mr. Pomeroy, Mr. Cramer, and Mr. Graves) 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 make improvements to the national sex offender registration program,
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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Children's Safety
Act of 2005''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT
Sec. 101. Short title.
Sec. 102. Declaration of purpose.
Subtitle A--Jacob Wetterling Sex Offender Registration and Notification
Program
Sec. 111. Relevant definitions, including Amie Zyla expansion of sex
offender definition and expanded inclusion
of child predators.
Sec. 112. Registry requirements for jurisdictions.
Sec. 113. Registry requirements for sex offenders.
Sec. 114. Information required in registration.
Sec. 115. Duration of registration requirement.
Sec. 116. In person verification.
Sec. 117. Duty to notify sex offenders of registration requirements and
to register.
Sec. 118. Jessica Lunsford Address Verification Program.
Sec. 119. National Sex Offender Registry.
Sec. 120. Dru Sjodin National Sex Offender Public Website.
Sec. 121. Public access to sex offender information through the
Internet.
Sec. 122. Megan Nicole Kanka and Alexandra Nicole Zapp Community
Notification Program.
Sec. 123. Actions to be taken when sex offender fails to comply.
Sec. 124. Immunity for good faith conduct.
Sec. 125. Development and availability of registry management software.
Sec. 126. Federal duty when State programs not minimally sufficient.
Sec. 127. Period for implementation by jurisdictions.
Sec. 128. Failure to comply.
Sec. 129. Sex Offender Management Assistance (SOMA) Program.
Sec. 130. Demonstration project for use of electronic monitoring
devices.
Sec. 131. National Center for Missing and Exploited Children access to
Interstate Identification Index.
Sec. 132. Limited immunity for National Center for Missing and
Exploited Children with respect to
CyberTipline.
Subtitle B--Criminal Law Enforcement of Registration Requirements
Sec. 151. Amendments to title 18, United States Code, relating to sex
offender registration.
Sec. 152. Investigation by United States Marshals of sex offender
violations of registration requirements.
Sec. 153. Sex offender apprehension grants.
Sec. 154. Use of any controlled substance to facilitate sex offense.
Sec. 155. Repeal of predecessor sex offender program.
TITLE II--DNA FINGERPRINTING
Sec. 201. Short title.
Sec. 202. Expanding use of DNA to identify and prosecute sex offenders.
Sec. 203. Stopping Violent Predators Against Children.
Sec. 204. Model code on investigating missing persons and deaths.
TITLE III--PREVENTION AND DETERRENCE OF CRIMES AGAINST CHILDREN ACT OF
2005
Sec. 301. Short title.
Sec. 302. Assured punishment for violent crimes against children.
Sec. 303. Ensuring fair and expeditious Federal collateral review of
convictions for killing a child.
TITLE IV--PROTECTION AGAINST SEXUAL EXPLOITATION OF CHILDREN ACT OF
2005
Sec. 401. Short title.
Sec. 402. Increased penalties for sexual offenses against children.
TITLE V--FOSTER CHILD PROTECTION AND CHILD SEXUAL PREDATOR DETERRENCE
Sec. 501. Short title.
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;
suspension and subsequent elimination of
opt-out.
Sec. 503. Access to Federal crime information databases by child
welfare agencies for certain purposes.
Sec. 504. Penalties for coercion and enticement by sex offenders.
Sec. 505. Penalties for conduct relating to child prostitution.
Sec. 506. Penalties for sexual abuse.
Sec. 507. Sex offender submission to search as condition of release.
Sec. 508. Kidnapping penalties and jurisdiction.
Sec. 509. Marital communication and adverse spousal privilege.
Sec. 510. Abuse and neglect of Indian children.
Sec. 511. Civil commitment.
Sec. 512. Mandatory penalties for sex-trafficking of children.
Sec. 513. Sexual abuse of wards.
TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Sex Offender Registration and
Notification Act''.
SEC. 102. DECLARATION OF PURPOSE.
In response to the vicious attacks by violent sexual predators
against the victims listed below, Congress in this Act establishes a
comprehensive national system for the registration of sex offenders:
(1) Jacob Wetterling, who was 11 years old, was abducted in
1989 in Minnesota, and remains missing.
(2) Megan Nicole Kanka, who was 7 years old, was abducted,
sexually assaulted and murdered in 1994, in New Jersey.
(3) Pam Lychner, who was 31 years old, was attacked by a
career offender in Houston, Texas.
(4) Jetseta Gage, who was 10 years old, was kidnapped,
sexually assaulted, and murdered in 2005 in Cedar Rapids, Iowa.
(5) Dru Sjodin, who was 22 years old, was sexually
assaulted and murdered in 2003, in North Dakota.
(6) Jessica Lunsford, who was 9 years, was abducted,
sexually assaulted, buried alive, and murdered in 2005, in
Homosassa, Florida.
(7) Sarah Lunde, who was 13 years old, was strangled and
murdered in 2005, in Ruskin, Florida.
(8) Amie Zyla, who was 8 years old, was sexually assaulted
in 1996 by a juvenile offender in Waukesha, Wisconsin, and has
become an advocate for child victims and protection of children
from juvenile sex offenders.
(9) Christy Ann Fornoff, who was 13 years old, was
abducted, sexually assaulted and murdered in 1984, in Tempe,
Arizona.
(10) Alexandra Nicole Zapp, who was 30 years old, was
brutally attacked and murdered in a public restroom by a repeat
sex offender in 2002, in Bridgewater, Massachusetts.
Subtitle A--Jacob Wetterling Sex Offender Registration and Notification
Program
SEC. 111. RELEVANT DEFINITIONS, INCLUDING AMIE ZYLA EXPANSION OF SEX
OFFENDER DEFINITION AND EXPANDED INCLUSION OF CHILD
PREDATORS.
In this title the following definitions apply:
(1) Sex offender registry.--The term ``sex offender
registry'' means a registry of sex offenders, and a
notification program, maintained by a jurisdiction.
(2) Jurisdiction.--The term jurisdiction means any of the
following:
(A) A State.
(B) The District of Columbia.
(C) The Commonwealth of Puerto Rico.
(D) Guam.
(E) American Somoa.
(F) Northern Mariana Islands.
(G) The United States Virgin Islands.
(H) A federally recognized Indian tribe.
(3) Amie zyla expansion of sex offender definition.--The
term ``sex offender'' means an individual who, either before or
after the enactment of this Act, was convicted of, or
adjudicated a juvenile delinquent for, an offense (other than
an offense involving sexual conduct where the victim was at
least 13 years old and the offender was not more than 4 years
older than the victim and the sexual conduct was consensual, or
an offense consisting of consensual sexual conduct with an
adult) whether Federal, State, local, tribal, foreign (other
than an offense based on conduct that would not be a crime if
the conduct took place in the United States), military,
juvenile or other, that is--
(A) a specified offense against a minor;
(B) a serious sex offense; or
(C) a misdemeanor sex offense against a minor.
(4) Expansion of definition of offense to include all child
predators.--The term ``specified offense against a minor''
means an offense against a minor that involves any of the
following:
(A) Kidnapping (unless committed by a parent).
(B) False imprisonment (unless committed by a
parent).
(C) Solicitation to engage in sexual conduct.
(D) Use in a sexual performance.
(E) Solicitation to practice prostitution.
(F) Possession, production, or distribution of
child pornography.
(G) Criminal sexual conduct towards a minor.
(H) Any conduct that by its nature is a sexual
offense against a minor.
(I) Any other offense designated by the Attorney
General for inclusion in this definition.
(J) Any attempt or conspiracy to commit an offense
described in this paragraph.
(5) Sex offense.--The term ``sex offense'' means a criminal
offense that has an element involving sexual act or sexual
contact with another, or an attempt or conspiracy to commit
such an offense.
(6) Serious sex offense.--The term ``serious sex offense''
means--
(A) a sex offense punishable under the law of a
jurisdiction by imprisonment for more than one year;
(B) any Federal offense under chapter 109A, 110,
117, or section 1591 of title 18, United States Code;
(C) an offense in a category specified by the
Secretary of Defense under section 115(a)(8)(C) of
title I of Public Law 105-119 (10 U.S.C. 951 note);
(D) any other offense designated by the Attorney
General for inclusion in this definition.
(7) Misdemeanor sex offense against a minor.-- The term
``misdemeanor sex offense against a minor'' means a sex offense
against a minor punishable by imprisonment for not more than
one year.
(8) Student.--The term ``student'' means an individual who
enrolls or attends an educational institution, including
(whether public or private) a secondary school, trade or
professional school, and institution of higher education.
(9) Employee.--The term ``employee'' includes an individual
who is self-employed or works for any other entity, whether
compensated or not.
(10) Resides.--The term ``resides'' means, with respect to
an individual, the location of the individual's home or other
place where the individual lives.
(11) Minor.--The term ``minor'' means an individual who has
not attained the age of 18 years.
SEC. 112. REGISTRY REQUIREMENTS FOR JURISDICTIONS.
Each jurisdiction shall maintain a jurisdiction-wide sex offender
registry conforming to the requirements of this title. The Attorney
General shall issue and interpret guidelines to implement the
requirements and purposes of this title.
SEC. 113. REGISTRY REQUIREMENTS FOR SEX OFFENDERS.
(a) In General.--A sex offender must register, and keep the
registration current, in each jurisdiction where the offender resides,
where the offender is an employee, and where the offender is a student.
(b) Initial Registration.--The sex offender shall initially
register--
(1) before completing a sentence of imprisonment with
respect to the offense giving rise to the registration
requirement; or
(2) not later than 5 days after being sentenced for that
offense, if the sex offender is not sentenced to a term of
imprisonment.
(c) Keeping the Registration Current.--A sex offender must inform
each jurisdiction involved, not later than 5 days after each change of
residence, employment, or student status.
(d) Retroactive Duty to Register.--The Attorney General shall
prescribe a method for the registration of sex offenders convicted
before the enactment of this Act.
(e) State Penalty for Failure to Comply.--Each jurisdiction shall
provide a criminal penalty, that includes a maximum term of
imprisonment that is greater than one year, for the failure of a sex
offender to comply with the requirements of this title.
SEC. 114. INFORMATION REQUIRED IN REGISTRATION.
(a) Provided by the Offender.--The sex offender must provide the
following information to the appropriate official for inclusion in the
sex offender registry:
(1) The name of the sex offender (including any alias used
by the individual).
(2) The Social Security number of the sex offender.
(3) The address and location of the residence at which the
sex offender resides or will reside.
(4) The place where the sex offender is employed or will be
employed.
(5) The place where the sex offender is a student or will
be a student.
(6) The license plate number of any vehicle owned or
operated by the sex offender.
(7) A photograph of the sex offender.
(8) A set of fingerprints and palm prints of the sex
offender, if the appropriate official determines that the
jurisdiction does not already have available an accurate set.
(9) A DNA sample of the sex offender, if the appropriate
official determines that the jurisdiction does not already have
available an appropriate DNA sample.
(10) Any other information required by the Attorney
General.
(b) Provided by the Jurisdiction.--The jurisdiction in which the
sex offender registers shall include the following information in the
registry for that sex offender:
(1) A statement of the facts of the offense giving rise to
the requirement to register under this title.
(2) The criminal history of the sex offender.
(3) Any other information required by the Attorney General.
SEC. 115. DURATION OF REGISTRATION REQUIREMENT.
A sex offender shall keep the registration current--
(1) for the life of the sex offender, if the offense is a
specified offense against a minor, a serious sex offense, or a
second misdemeanor sex offense against a minor; and
(2) for a period of 20 years, in any other case.
SEC. 116. IN PERSON VERIFICATION.
A sex offender shall appear in person and verify the information in
each registry in which that offender is required to be registered not
less frequently than once every six months.
SEC. 117. DUTY TO NOTIFY SEX OFFENDERS OF REGISTRATION REQUIREMENTS AND
TO REGISTER.
An appropriate official shall, shortly before release from custody
of the sex offender, or, if the sex offender is not in custody,
immediately after the sentencing of the sex offender, for the offense
giving rise to the duty to register--
(1) inform the sex offender of the duty to register and
explain that duty;
(2) require the sex offender to read and sign a form
stating that the duty to register has been explained and that
the sex offender understands the registration requirement; and
(3) ensure that the sex offender is registered.
SEC. 118. JESSICA LUNSFORD ADDRESS VERIFICATION PROGRAM.
(a) Establishment.--There is established the Jessica Lunsford
Address Verification Program (hereinafter in this section referred to
as the ``Program'').
(b) Verification.--In the Program, an appropriate official shall
verify the residence of each registered sex offender not less than
monthly or, in the case of a sex offender required to register because
of a misdemeanor sex offense against a minor, not less than quarterly.
(c) Use of Mailed Form Authorized.--Such verification may be
achieved by mailing a nonforwardable verification form to the last
known address of the sex offender. The date of the mailing may be
selected at random. The sex offender must return the form, including a
notarized signature, within a set period of time. A failure to return
the form as required may be a failure to register for the purposes of
this title.
SEC. 119. NATIONAL SEX OFFENDER REGISTRY.
The Attorney General shall maintain a national database at the
Federal Bureau of Investigation for each sex offender and other person
required to register in a jurisdiction's sex offender registry. The
database shall be known as the National Sex Offender Registry.
SEC. 120. DRU SJODIN NATIONAL SEX OFFENDER PUBLIC WEBSITE.
(a) Establishment.--There is established the Dru Sjodin National
Sex Offender Public Website (hereinafter referred to as the
``Website'').
(b) Information to Be Provided.--The Attorney General shall
maintain the Website as a site on the Internet which allows the public
to obtain relevant information for each sex offender by a single query
in a form established by the Attorney General.
(c) Electronic Forwarding.--The Attorney General shall ensure
(through the National Sex Offender Registry or otherwise) that updated
information about a sex offender is immediately transmitted by
electronic forwarding to all relevant jurisdictions, unless the
Attroney General determines that each jurisdiction has so modified its
sex offender registry and notification program that there is no longer
a need for the Attorney General to do.
SEC. 121. PUBLIC ACCESS TO SEX OFFENDER INFORMATION THROUGH THE
INTERNET.
Each jurisdiction shall make available on the Internet all
information about each sex offender in the registry, except for the
offender's Social Security number, the identity of any victim, and any
other information exempted from disclosure by the Attorney General. The
jurisdiction shall provide this information in a manner that is readily
accessible to the public.
SEC. 122. MEGAN NICOLE KANKA AND ALEXANDRA NICOLE ZAPP COMMUNITY
NOTIFICATION PROGRAM.
(a) Establishment of Program.--There is established the Megan
Nicole Kanka and Alexandra Nicole Zapp Community Program (hereinafter
in this section referred to as the ``Program'').
(b) Notification.--In the Program, as soon as possible, and in any
case not later than 5 days after a sex offender registers or updates a
registration, an appropriate official in the jurisdiction shall provide
the information in the registry (other than information exempted from
disclosure by the Attorney General) about that offender to the
following:
(1) The Attorney General, who shall include that
information in the National Sex Offender Registry.
(2) Appropriate law enforcement agencies (including
probation agencies, if appropriate), and each school and public
housing agency, in each area in which the individual resides,
is employed, or is a student.
(3) Each jurisdiction from or to which a change of
residence, work, or student status occurs.
(4) Any agency responsible for conducting employment-
related background checks under section 3 of the National Child
Protection Act of 1993 (42 U.S.C. 5119a).
(5) Social service entities responsible for protecting
minors in the child welfare system.
(6) Volunteer organizations in which contact with minors or
other vulnerable individuals might occur.
SEC. 123. ACTIONS TO BE TAKEN WHEN SEX OFFENDER FAILS TO COMPLY.
An appropriate official shall notify the Attorney General and
appropriate State and local law enforcement agencies of any failure by
a sex offender to comply with the requirements of a registry. The
appropriate official, the Attorney General, and each such State and
local law enforcment agency shall take any appropriate action to ensure
compliance.
SEC. 124. IMMUNITY FOR GOOD FAITH CONDUCT.
Law enforcement agencies, employees of law enforcement agencies and
independent contractors acting at the direction of such agencies, and
officials of jurisdictions and other political subdivisions shall not
be civilly or criminally liable for good faith conduct under this
title.
SEC. 125. DEVELOPMENT AND AVAILABILITY OF REGISTRY MANAGEMENT SOFTWARE.
The Attorney General shall develop and support software for use to
establish, maintain, publish, and share sex offender registries.
SEC. 126. FEDERAL DUTY WHEN STATE PROGRAMS NOT MINIMALLY SUFFICIENT.
If the Attorney General determines that a jurisdiction does not
have a minimally sufficient sex offender registration program, the
Department of Justice shall, to the extent practicable, carry out the
duties imposed on that jurisdiction by this title.
SEC. 127. PERIOD FOR IMPLEMENTATION BY JURISDICTIONS.
Each jurisdiction shall implement this title not later than 2 years
after the date of the enactment of this Act. However, the Attorney
General may authorize a one-year extension of the deadline.
SEC. 128. FAILURE TO COMPLY.
(a) In General.--For any fiscal year after the end of the period
for implementation, a jurisdiction that fails to implement this title
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 programs:
(1) 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 Assistance Programs, the Edward Byrne
Memorial Justice Assistance Grant Program, or otherwise.
(2) LLEBG.--The Local Government Law Enforcement Block
Grants program.
(b) Reallocation.--Amounts not allocated under a program referred
to in paragraph (1) to a jurisdiction for failure to fully implement
this title shall be reallocated under that program to jurisdictions
that have not failed to implement this title.
SEC. 129. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM.
(a) In General.--The Attorney General shall establish and implement
a Sex Offender Management Assistance program (in this title referred to
as the ``SOMA program'') under which the Attorney General may award a
grant to a jurisdiction to offset the costs of implementing this title.
(b) Application.--The chief executive of a jurisdiction shall, on
an annual basis, submit to the Attorney General an application in such
form and containing such information as the Attorney General may
require.
(c) Bonus Payments for Prompt Compliance.--A jurisdiction that, as
determined by the Attorney General, has implemented this title not
later than two years after the date of the enactment of this Act is
eligible for a bonus payment. Such payment shall be made under the SOMA
program for the first fiscal year beginning after that determination.
The amount of the payment shall be--
(1) 10 percent of the total received by the jurisdiction
under the SOMA program for the preceding fiscal year, if
implementation is not later than one year after the date of
enactment of this Act; and
(2) 5 percent of such total, if not later than two years
after that date.
(d) Authorization of Appropriations.--In addition to any amounts
otherwise authorized to be appropriated, there are authorized to be
appropriated such sums as may be necessary to the Attorney General, to
be available only for the SOMA program, for fiscal years 2006 through
2008.
SEC. 130. DEMONSTRATION PROJECT FOR USE OF ELECTRONIC MONITORING
DEVICES.
(a) Project Required.--The Attorney General shall carry out a
demonstration project under which the Attorney General makes grants to
jurisdictions to demonstrate the extent to which electronic monitoring
devices can be used effectively in a sex offender management program.
(b) Use of Funds.--The jurisdiction may use grant amounts under
this section directly, or through arrangements with public or private
entities, to carry out programs under which the whereabouts of sex
offenders are monitored by electronic monitoring devices.
(c) Participants.--Not more than 10 jurisdictions may participate
in the demonstration project at any one time.
(d) Factors.--In selecting jurisdictions to participate in the
demonstration project, the Attorney General shall consider the
following factors:
(1) The total number of sex offenders in the jurisdiction.
(2) The percentage of those sex offenders who fail to
comply with registration requirements.
(3) The threat to public safety posed by those sex
offenders who fail to comply with registration requirements.
(4) Any other factor the Attorney General considers
appropriate.
(e) Duration.--The Attorney General shall carry out the
demonstration project for fiscal years 2007, 2008, and 2009.
(f) Reports.--The Attorney General shall submit to Congress an
annual report on the demonstration project. Each such report shall
describe the activities carried out by each participant, assess the
effectiveness of those activities, and contain any other information or
recommendations that the Attorney General considers appropriate.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary.
SEC. 131. NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN ACCESS TO
INTERSTATE IDENTIFICATION INDEX.
(a) In General.--Notwithstanding any other provision of law, the
Attorney General shall ensure that the National Center for Missing and
Exploited Children has access to the Interstate Identification Index,
to be used by the Center only within the scope of its duties and
responsibilities under Federal law. The access provided under this
section shall be authorized only to personnel of the Center that have
met all the requirements for access, including training, certification,
and background screening.
(b) Immunity.--Personnel of the Center shall not be civilly or
criminally liable for any use or misuse of information in the
Interstate Identification Index if in good faith.
SEC. 132. LIMITED IMMUNITY FOR NATIONAL CENTER FOR MISSING AND
EXPLOITED CHILDREN WITH RESPECT TO CYBERTIPLINE.
Section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13032) is amended by adding at the end the following new subsection:
``(g) Limitation on Liability.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the National Center for Missing and Exploited Children,
including any of its directors, officers, employees, or agents,
is not liable in any civil or criminal action for damages
directly related to the performance of its CyberTipline
responsibilities and functions as defined by this section.
``(2) Intentional, reckless, or other misconduct.--
Paragraph (1) does not apply in an action in which a party
proves that the National Center for Missing and Exploited
Children, or its officer, employee, or agent as the case may
be, engaged in intentional misconduct or acted, or failed to
act, with actual malice, with reckless disregard to a
substantial risk of causing injury without legal justification,
or for a purpose unrelated to the performance of
responsibilities or functions under this section.
``(3) Ordinary business activities.--Paragraph (1) does not
apply to an act or omission related to an ordinary business
activity, such as an activity involving general administration
or operations, the use of motor vehicles, or personnel
management.''.
Subtitle B--Criminal Law Enforcement of Registration Requirements
SEC. 151. AMENDMENTS TO TITLE 18, UNITED STATES CODE, RELATING TO SEX
OFFENDER REGISTRATION.
(a) Criminal Penalties for Nonregistration.--Part I of title 18,
United States Code, is amended by inserting after chapter 109A the
following:
``CHAPTER 109B--SEX OFFENDER AND CRIMES AGAINST CHILDREN REGISTRY
``2250. Failure to register.
``Sec. 2250. Failure to register
``Whoever receives a notice from an official that such person is
required to register under the Sex Offender Registration and
Notification Act and--
``(1) is a sex offender as defined for the purposes of that
Act by reason of a conviction under Federal law; or
``(2) thereafter travels in interstate or foreign commerce,
or enters or leaves Indian country;
and knowingly fails to register as required shall be fined under this
title and imprisoned not less than 5 years nor more than 20 years.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 109A the following new item:
``109B. Sexual offender and crimes against children registry 2250''.
(c) False Statement Offense.--Section 1001(a) of title 18, United
States Code, is amended by adding at the end the following: ``If the
matter relates to an offense under chapter 109A, 109B, 110, or 117,
then the term of imprisonment imposed under this section shall be not
less than 5 years nor more than 20 years.''
(d) Probation.--Paragraph (8) of section 3563(a) of title 18,
United States Code, is amended to read as follows:
``(8) for a person required to register under the Sex
Offender Registration and Notification Act, that the person
comply with the requirements of that Act; and''.
(e) Supervised Release.--Section 3583 of title 18, United States
Code, is amended--
(1) in subsection (d), in the sentence beginning with ``The
court shall order, as an explicit condition of supervised
release for a person described in section 4042(c)(4)'', by
striking ``described in section 4042(c)(4)'' and all that
follows through the end of the sentence and inserting
``required to register under the Sex Offender Registration and
Notification Act that the person comply with the requirements
of that Act.''
(2) in subsection (k)--
(A) by striking ``2244(a)(1), 2242(a)(2)'' and
inserting ``2243, 2244, 2245, 2250'';
(B) by inserting ``not less than 5,'' after ``any
term of years''; and
(C) by adding at the end the following: ``If a
defendant required to register under the Sex Offender
Registration and Notification Act violates the
requirements of that Act or commits any criminal
offense for which imprisonment for a term longer than
one year can be imposed, the court shall revoke the
term of supervised release and require the defendant to
serve a term of imprisonment under subsection (e)(3)
without regard to the exception contained therein. Such
term shall be not less than 5 years, and if the offense
was an offense under chapter 109A, 109B, 110, or 117,
not less than 10 years.'' .
(f) Duties of Bureau of Prisons.--Paragraph (3) of section 4042(c)
of title 18, United States Code, is amended to read as follows:
``(3) The Director of the Bureau of Prisons shall inform a
person who is released from prison and required to register
under the Sex Offender Registration and Notification Act of the
requirements of that Act as they apply to that person and the
same information shall be provided to a person sentenced to
probation by the probation officer responsible for supervision
of that person.''.
(g) Conforming Amendment of Cross Reference.--Paragraph (1) of
section 4042(c) of title 18, United States Code, is amended by striking
``(4)'' and inserting ``(3)''.
(h) Conforming Repeal of Deadwood.--Paragraph (4) of section
4042(c) of title 18, United States Code, is repealed.
SEC. 152. INVESTIGATION BY UNITED STATES MARSHALS OF SEX OFFENDER
VIOLATIONS OF REGISTRATION REQUIREMENTS.
(a) In General.--The Attorney General shall use the authority
provided in section 566(e)(1)(B) of title 28, United States Code, to
assist States and other jurisdictions in locating and apprehending sex
offenders who violate sex offender registration requirements.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for fiscal years 2006
through 2008 to implement this section.
SEC. 153. SEX OFFENDER APPREHENSION GRANTS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
is amended by adding at the end the following new part:
``PART JJ--SEX OFFENDER APPREHENSION GRANTS
``SEC. 3011. AUTHORITY TO MAKE SEX OFFENDER APPREHENSION GRANTS.
``(a) In General.--From amounts made available to carry out this
part, the Attorney General may make grants to States, units of local
government, Indian tribal governments, other public and private
entities, and multi-jurisdictional or regional consortia thereof for
activities specified in subsection (b).
``(b) Covered Activities.--An activity referred to in subsection
(a) is any program, project, or other activity to assist a State in
enforcing sex offender registration requirements.
``SEC. 3012. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as may be
necessary for fiscal years 2006 through 2008 to carry out this part.''.
SEC. 154. USE OF ANY CONTROLLED SUBSTANCE TO FACILITATE SEX OFFENSE.
(a) Increased Punishment.--Chapter 109A of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2249. Use of any controlled substance to facilitate sex offense
``(a) Whoever, knowingly uses a controlled substance to
substantially impair the ability of a person to appraise or control
conduct, in order to commit a sex offense, other than an offense where
such use is an element of the offense, shall, in addition to the
punishment provided for the sex offense, be imprisoned for any term of
years not less than 10, or for life.
``(b) As used in this section, the term `sex offense' means an
offense under this chapter other than an offense under this section.''.
(b) Amendment to Table.--The table of sections at the beginning of
chapter 109A of title 18, United States Code, is amended by adding at
the end the following new item:
``2249. Use of any controlled substance to facilitate sex offense.''.
SEC. 155. REPEAL OF PREDECESSOR SEX OFFENDER PROGRAM.
Sections 170101 (42 U.S.C. 14071) and 170102 (42 U.S.C. 14072) of
the Violent Crime Control and Law Enforcement Act of 1994, and section
8 of the Pam Lychner Sexual Offender Tracking and Identification Act of
1996 (42 U.S.C. 14073), are repealed.
TITLE II--DNA FINGERPRINTING
SEC. 201. SHORT TITLE.
This title may be cited as the ``DNA Fingerprinting Act of 2005''.
SEC. 202. EXPANDING USE OF DNA TO IDENTIFY AND PROSECUTE SEX OFFENDERS.
(a) Expansion of National DNA Index System.--Section 210304 of the
DNA Identification Act of 1994 (42 U.S.C. 14132) is amended--
(1) in subsection (a)(1)(C), by striking ``, provided'' and
all that follows through ``System''; and
(2) by striking subsections (d) and (e).
(b) DNA Sample Collection From Persons Arrested or Detained Under
Federal Authority.--
(1) In general.--Section 3 of the DNA Analysis Backlog
Elimination Act of 2000 (42 U.S.C. 14135a) is amended
(A) in subsection (a)--
(i) in paragraph (1), by striking ``The
Director'' and inserting the following:
``(A) The Attorney General may, as provided by the
Attorney General by regulation, collect DNA samples
from individuals who are arrested or detained under the
authority of the United States. The Attorney General
may delegate this function within the Department of
Justice as provided in section 510 of title 28, United
States Code, and may also authorize and direct any
other agency of the United States that arrests or
detains individuals or supervises individuals facing
charges to carry out any function and exercise any
power of the Attorney General under this section.
``(B) The Director''; and
(ii) in paragraphs (3) and (4), by striking
``Director of the Bureau of Prisons'' each
place it appears and inserting ``Attorney
General, the Director of the Bureau of
Prisons,''; and
(B) in subsection (b), by striking ``Director of
the Bureau of Prisons'' and inserting ``Attorney
General, the Director of the Bureau of Prisons,''.
(2) Conforming amendment.--Subsections (b) and (c)(1)(A) of
section 3142 of title 18, United States Code, are each amended
by inserting ``and subject to the condition that the person
cooperate in the collection of a DNA sample from the person if
the collection of such a sample is authorized pursuant to
section 3 of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135a)'' after ``period of release''.
(c) Tolling of Statute of Limitations in Sexual Abuse Cases.--
Section 3297 of title 18, United States Code, is amended by striking
``except for a felony offense under chapter 109A,''.
SEC. 203. STOPPING VIOLENT PREDATORS AGAINST CHILDREN.
In carrying out Acts of Congress relating to DNA databases, the
Attorney General shall give appropriate consideration to the need for
the collection and testing of DNA to stop violent predators against
children.
SEC. 204. MODEL CODE ON INVESTIGATING MISSING PERSONS AND DEATHS.
(a) Model Code Required.--Not later than 60 days after the date of
the enactment of this Act, the Attorney General shall publish a model
code setting forth procedures to be followed by law enforcement
officers when investigating a missing person or a death. The procedures
shall include the use of DNA analysis to help locate missing persons
and to help identify human remains.
(b) Sense of Congress.--It is the sense of Congress that each State
should, not later than 1 year after the date on which the Attorney
General publishes the model code, enact laws implementing the model
code.
(c) GAO Study.--Not later than 2 years after the date on which the
Attorney General publishes the model code, the Comptroller General
shall submit to Congress a report on the extent to which States have
implemented the model code. The report shall, for each State--
(1) describe the extent to which the State has implemented
the model code; and
(2) to the extent the State has not implemented the model
code, describe the reasons why the State has not done so.
TITLE III--PREVENTION AND DETERRENCE OF CRIMES AGAINST CHILDREN ACT OF
2005
SEC. 301. SHORT TITLE.
This title may be cited as the ``Prevention and Deterrence of
Crimes Against Children Act of 2005''.
SEC. 302. ASSURED PUNISHMENT FOR VIOLENT CRIMES AGAINST CHILDREN.
(a) Special Sentencing Rule.--Subsection (d) of section 3559 of
title 18, United States Code, is amended to read as follows:
``(d) Mandatory Minimum Terms of Imprisonment for Violent Crimes
Against Children.--A person who is convicted of a felony crime of
violence against the person of an individual who has not attained the
age of 18 years shall, unless a greater mandatory minimum sentence of
imprisonment is otherwise provided by law and regardless of any maximum
term of imprisonment otherwise provided for the offense--
``(1) if the crime of violence results in the death of a
person who has not attained the age of 18 years, be sentenced
to death or life in prison;
``(2) if the crime of violence is kidnapping, aggravated
sexual abuse, sexual abuse, or maiming, or results in serious
bodily injury (as defined in section 2119(2)) be imprisoned for
life or any term of years not less than 30;
``(3) if the crime of violence results in bodily injury (as
defined in section 1365) or is an offense under paragraphs (1),
(2), or (5) of section 2244(a), be imprisoned for life or for
any term of years not less than 20;
``(4) if a dangerous weapon was used during and in relation
to the crime of violence, be imprisoned for life or for any
term of years not less than 15; and
``(5) in any other case, be imprisoned for life or for any
term of years not less than 10.''.
SEC. 303. ENSURING FAIR AND EXPEDITIOUS FEDERAL COLLATERAL REVIEW OF
CONVICTIONS FOR KILLING A CHILD.
(a) Limits on Cases.--Section 2254 of title 28, United States Code,
is amended by adding at the end the following:
``(j)(1) A court, justice, or judge shall not have jurisdiction to
consider any claim relating to the judgment or sentence in an
application described under paragraph (2), unless the applicant shows
that the claim qualifies for consideration on the grounds described in
subsection (e)(2). Any such application that is presented to a court,
justice, or judge other than a district court shall be transferred to
the appropriate district court for consideration or dismissal in
conformity with this subsection, except that a court of appeals panel
must authorize any second or successive application in conformity with
section 2244 before any consideration by the district court.
``(2) This subsection applies to an application for a writ of
habeas corpus on behalf of a person in custody pursuant to the judgment
of a State court for a crime that involved the killing of a individual
who has not attained the age of 18 years.
``(3) For an application described in paragraph (2), the following
requirements shall apply in the district court:
``(A) Any motion by either party for an evidentiary hearing
shall be filed and served not later than 90 days after the
State files its answer or, if no timely answer is filed, the
date on which such answer is due.
``(B) Any motion for an evidentiary hearing shall be
granted or denied not later than 30 days after the date on
which the party opposing such motion files a pleading in
opposition to such motion or, if no timely pleading in
opposition is filed, the date on which such pleading in
opposition is due.
``(C) Any evidentiary hearing shall be--
``(i) convened not less than 60 days after the
order granting such hearing; and
``(ii) completed not more than 150 days after the
order granting such hearing.
``(D) A district court shall enter a final order, granting
or denying the application for a writ of habeas corpus, not
later than 15 months after the date on which the State files
its answer or, if no timely answer is filed, the date on which
such answer is due, or not later than 60 days after the case is
submitted for decision, whichever is earlier.
``(E) If the district court fails to comply with the
requirements of this paragraph, the State may petition the
court of appeals for a writ of mandamus to enforce the
requirements. The court of appeals shall grant or deny the
petition for a writ of mandamus not later than 30 days after
such petition is filed with the court.
``(4) For an application described in paragraph (2), the following
requirements shall apply in the court of appeals:
``(A) A timely filed notice of appeal from an order issuing
a writ of habeas corpus shall operate as a stay of that order
pending final disposition of the appeal.
``(B) The court of appeals shall decide the appeal from an
order granting or denying a writ of habeas corpus--
``(i) not later than 120 days after the date on
which the brief of the appellee is filed or, if no
timely brief is filed, the date on which such brief is
due; or
``(ii) if a cross-appeal is filed, not later than
120 days after the date on which the appellant files a
brief in response to the issues presented by the cross-
appeal or, if no timely brief is filed, the date on
which such brief is due.
``(C)(i) Following a decision by a panel of the court of
appeals under subparagraph (B), a petition for panel rehearing
is not allowed, but rehearing by the court of appeals en banc
may be requested. The court of appeals shall decide whether to
grant a petition for rehearing en banc not later than 30 days
after the date on which the petition is filed, unless a
response is required, in which case the court shall decide
whether to grant the petition not later than 30 days after the
date on which the response is filed or, if no timely response
is filed, the date on which the response is due.
``(ii) If rehearing en banc is granted, the court of
appeals shall make a final determination of the appeal not
later than 120 days after the date on which the order granting
rehearing en banc is entered.
``(D) If the court of appeals fails to comply with the
requirements of this paragraph, the State may petition the
Supreme Court or a justice thereof for a writ of mandamus to
enforce the requirements.
``(5)(A) The time limitations under paragraphs (3) and (4) shall
apply to an initial application described in paragraph (2), any second
or successive application described in paragraph (2), and any
redetermination of an application described in paragraph (2) or related
appeal following a remand by the court of appeals or the Supreme Court
for further proceedings.
``(B) In proceedings following remand in the district court, time
limits running from the time the State files its answer under paragraph
(3) shall run from the date the remand is ordered if further briefing
is not required in the district court. If there is further briefing
following remand in the district court, such time limits shall run from
the date on which a responsive brief is filed or, if no timely
responsive brief is filed, the date on which such brief is due.
``(C) In proceedings following remand in the court of appeals, the
time limit specified in paragraph (4)(B) shall run from the date the
remand is ordered if further briefing is not required in the court of
appeals. If there is further briefing in the court of appeals, the time
limit specified in paragraph (4)(B) shall run from the date on which a
responsive brief is filed or, if no timely responsive brief is filed,
from the date on which such brief is due.
``(6) The failure of a court to meet or comply with a time
limitation under this subsection shall not be a ground for granting
relief from a judgment of conviction or sentence, nor shall the time
limitations under this subsection be construed to entitle a capital
applicant to a stay of execution, to which the applicant would
otherwise not be entitled, for the purpose of litigating any
application or appeal.''.
(b) Victims' Rights in Habeas Cases.--Section 3771(b) of title 18,
United States Code, is amended by adding at the end the following:
``The rights established for crime victims by this section shall also
be extended in a Federal habeas corpus proceeding arising out of a
State conviction to victims of the State offense at issue.''.
(c) Application to Pending Cases.--
(1) In general.--The amendment made by this section apply
to cases pending on the date of the enactment of this Act as
well as to cases commenced on and after that date.
(2) Special rule for time limits.--In a case pending on the
date of the enactment of this Act, if the amendment made by
subsection (a) provides that a time limit runs from an event or
time that has occurred before that date, the time limit shall
instead run from that date.
TITLE IV--PROTECTION AGAINST SEXUAL EXPLOITATION OF CHILDREN ACT OF
2005
SEC. 401. SHORT TITLE.
This title may be cited as the ``Protection Against Sexual
Exploitation of Children Act of 2005''.
SEC. 402. INCREASED PENALTIES FOR SEXUAL OFFENSES AGAINST CHILDREN.
(a) Sexual Abuse and Contact.--
(1) Aggravated sexual abuse of children.--Section 2241(c)
of title 18, United States Code, is amended by striking ``,
imprisoned for any term of years or life, or both.'' and
inserting ``and imprisoned for not less than 30 years or for
life.''.
(2) Abusive sexual contact with children.--Section 2244 of
chapter 109A of title 18, United States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting
``subsection (a) or (b) of'' before ``section
2241'';
(ii) by striking ``or'' at the end of
paragraph (3);
(iii) by striking the period at the end of
paragraph (4) and inserting ``; or''; and
(iv) by inserting after paragraph (4) the
following:
``(5) subsection (c) of section 2241 of this title had the
sexual contact been a sexual act, shall be fined under this
title and imprisoned for not less than 10 years and not more
than 25 years;''; and
(B) in subsection (c), by inserting ``(other than
subsection (a)(5))'' after ``violates this section''.
(3) Sexual abuse of children resulting in death.--Section
2245 of title 18, United States Code, is amended--
(A) by inserting ``, chapter 110, chapter 117, or
section 1591'' after ``this chapter'';
(B) by striking ``A person'' and inserting ``(a) In
General.--A person''; and
(C) by adding at the end the following:
``(b) Offenses Involving Young Children.--A person who, in the
course of an offense under this chapter, chapter 110, chapter 117, or
section 1591 engages in conduct that results in the death of a person
who has not attained the age of 12 years, shall be punished by death or
imprisoned for not less than 30 years or for life.''.
(4) Death penalty aggravating factor.--Section 3592(c)(1)
of title 18, United States Code, is amended by inserting
``section 2245 (sexual abuse resulting in death),'' after
``(wrecking trains),''.
(b) Sexual Exploitation and Other Abuse of Children.--
(1) Sexual exploitation of children.--Section 2251(e) of
title 18, United States Code, is amended--
(A) by striking ``15 years nor more than 30 years''
and inserting ``25 years or for life'';
(B) by inserting ``section 1591,'' after ``this
chapter,'' the first place it appears;
(C) by striking ``the sexual exploitation of
children'' the first place it appears and inserting
``aggravated sexual abuse, sexual abuse, abusive sexual
contact involving a minor or ward, or sex trafficking
of children, or the production, possession, receipt,
mailing, sale, distribution, shipment, or
transportation of child pornography'';
(D) by striking ``not less than 25 years nor more
than 50 years, but if such person has 2 or more prior
convictions under this chapter, chapter 71, chapter
109A, or chapter 117, or 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
exploitation 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 involving the sexual
exploitation of children.--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
(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 for 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 constituting 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,'' the first place it appears;
(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
(iv) 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, 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 direct 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 depictions 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 imprisoned for
any term or years not less than 25 or for life; and
``(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 Justice), shall be fined under this
title and imprisoned for life.''.
(c) Mandatory Life Imprisonment for Certain Repeated Sex Offenses
Against Children.--Section 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 facilities to transmit information about a
minor)'' after ``minors)''.
TITLE V--FOSTER CHILD PROTECTION AND CHILD SEXUAL PREDATOR DETERRENCE
SEC. 501. SHORT TITLE.
This title may be cited as the ``Foster Child Protection 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; 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''; and
(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. 503. 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. 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'';
(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. 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 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. 507. 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. 508. 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. 509. 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. 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 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. 512. 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. 513. 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,''.
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