[Congressional Record Volume 151, Number 114 (Tuesday, September 13, 2005)]
[House]
[Pages H7862-H7870]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                                H.R. 889

                  Offered by: Mrs. Miller of Michigan

       Amendment No. 1: At the end of title IV add the following:

     SEC. __. TREATMENT OF S/V HIGHLANDER SEA.

       The Secretary of the department in which the Coast Guard is 
     operating may treat the vessel S/V HIGHLANDER SEA (United 
     States official number 224289) as a small passenger vessel 
     for purposes of chapter 33 of title 46, United States Code, 
     if the Secretary determines that such treatment will not 
     compromise safety.

                               H.R. 3132

                         Offered by: Mr. Pence

       Amendment No. 1: Add at the end the following new title:

           TITLE VI--CHILD PORNOGRAPHY PREVENTION ACT OF 2005

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Child Pornography 
     Prevention Act of 2005''.

     SEC. 602. FINDINGS.

       Congress makes the following findings:

[[Page H7863]]

       (1) The effect of the intrastate production, 
     transportation, distribution, receipt, advertising, and 
     possession of child pornography on interstate market in child 
     pornography.
       (A) The illegal production, transportation, distribution, 
     receipt, advertising and possession of child pornography, as 
     defined in section 2256(8) of title 18, United States Code, 
     as well as the transfer of custody of children for the 
     production of child pornography, is harmful to the 
     physiological, emotional, and mental health of the children 
     depicted in child pornography and has a substantial and 
     detrimental effect on society as a whole.
       (B) A substantial interstate market in child pornography 
     exists, including not only a multimillion dollar industry, 
     but also a nationwide network of individuals openly 
     advertising their desire to exploit children and to traffic 
     in child pornography. Many of these individuals distribute 
     child pornography with the expectation of receiving other 
     child pornography in return.
       (C) The interstate market in child pornography is carried 
     on to a substantial extent through the mails and other 
     instrumentalities of interstate and foreign commerce, such as 
     the Internet. The advent of the Internet has greatly 
     increased the ease of transporting, distributing, receiving, 
     and advertising child pornography in interstate commerce. The 
     advent of digital cameras and digital video cameras, as well 
     as videotape cameras, has greatly increased the ease of 
     producing child pornography. The advent of inexpensive 
     computer equipment with the capacity to store large numbers 
     of digital images of child pornography has greatly increased 
     the ease of possessing child pornography. Taken together, 
     these technological advances have had the unfortunate 
     result of greatly increasing the interstate market in 
     child pornography.
       (D) Intrastate incidents of production, transportation, 
     distribution, receipt, advertising, and possession of child 
     pornography, as well as the transfer of custody of children 
     for the production of child pornography, have a substantial 
     and direct effect upon interstate commerce because:
       (i) Some persons engaged in the production, transportation, 
     distribution, receipt, advertising, and possession of child 
     pornography conduct such activities entirely within the 
     boundaries of one state. These persons are unlikely to be 
     content with the amount of child pornography they produce, 
     transport, distribute, receive, advertise, or possess. These 
     persons are therefore likely to enter the interstate market 
     in child pornography in search of additional child 
     pornography, thereby stimulating demand in the interstate 
     market in child pornography.
       (ii) When the persons described in subparagraph (D)(i) 
     enter the interstate market in search of additional child 
     pornography, they are likely to distribute the child 
     pornography they already produce, transport, distribute, 
     receive, advertise, or possess to persons who will distribute 
     additional child pornography to them, thereby stimulating 
     supply in the interstate market in child pornography.
       (iii) Much of the child pornography that supplies the 
     interstate market in child pornography is produced entirely 
     within the boundaries of one state, is not traceable, and 
     enters the interstate market surreptitiously. This child 
     pornography supports demand in the interstate market in child 
     pornography and is essential to its existence.
       (E) Prohibiting the intrastate production, transportation, 
     distribution, receipt, advertising, and possession of child 
     pornography, as well as the intrastate transfer of custody of 
     children for the production of child pornography, will cause 
     some persons engaged in such intrastate activities to cease 
     all such activities, thereby reducing both supply and demand 
     in the interstate market for child pornography.
       (F) Federal control of the intrastate incidents of the 
     production, transportation, distribution, receipt, 
     advertising, and possession of child pornography, as well as 
     the intrastate transfer of children for the production of 
     child pornography, is essential to the effective control of 
     the interstate market in child pornography.
       (2) The importance of protecting children from repeat 
     exploitation in child pornography:
       (A) The vast majority of child pornography prosecutions 
     today involve images contained on computer hard drives, 
     computer disks, and related media.
       (B) Child pornography is not entitled to protection under 
     the First Amendment and thus may be prohibited.
       (C) The government has a compelling state interest in 
     protecting children from those who sexually exploit them, and 
     this interest extends to stamping out the vice of child 
     pornography at all levels in the distribution chain.
       (D) Every instance of viewing images of child pornography 
     represents a renewed violation of the privacy of the victims 
     and a repetition of their abuse.
       (E) Child pornography constitutes prima facie contraband, 
     and as such should not be distributed to, or copied by, child 
     pornography defendants or their attorneys.
       (F) It is imperative to prohibit the reproduction of child 
     pornography in criminal cases so as to avoid repeated 
     violation and abuse of victims, so long as the government 
     makes reasonable accommodations for the inspection, viewing, 
     and examination of such material for the purposes of mounting 
     a criminal defense.

     SEC. 603. STRENGTHENING SECTION 2257 TO ENSURE THAT CHILDREN 
                   ARE NOT EXPLOITED IN THE PRODUCTION OF 
                   PORNOGRAPHY.

       Section 2257 of title 18 of the United States Code is 
     amended--
       (1) in subsection (a)(l), by striking ``actual'';
       (2) in subsection (b), by striking ``actual'';
       (3) in subsection (f)(4)(A), by striking ``actual'';
       (4) by amending paragraph (1) of subsection (h) to read as 
     follows:
       ``(1) the term `sexually explicit conduct' has the meaning 
     set forth in subparagraphs (A)(i) through (v) of paragraph 
     (2) of section 2256 of this title;'';
       (5) in subsection (h)(4), by striking ``actual.'';
       (6) in subsection (f)--
       (A) at the end of paragraph (3), by striking ``and'';
       (B) at the end of paragraph (4)(B), by striking the period 
     and inserting ``; and''; and
       (C) by inserting after paragraph (4)(B) the following new 
     paragraph:
       ``(5) for any person to whom subsection (a) applies to 
     refuse to permit the Attorney General or his or her delegee 
     to conduct an inspection under subsection (c).''.
       (7) in subsection (h)(3), by striking ``to produce, 
     manufacture, or publish any book, magazine, periodical, film, 
     video tape, computer generated image, digital image, or 
     picture, or other similar matter and includes the 
     duplication, reproduction, or reissuing of any such matter, 
     but does not include mere distribution or any other activity 
     which does not involve hiring, contracting for managing or 
     otherwise arranging for the participation of the performers 
     depicted'' and inserting ``actually filming, videotaping, 
     photographing; creating a picture, digital image, or 
     digitally- or computer-manipulated image of an actual human 
     being; or digitizing an image, of a visual depiction of 
     sexually explicit conduct; or, assembling, manufacturing, 
     publishing, duplicating, reproducing, or reissuing a book, 
     magazine, periodical, film, videotape, digital image, or 
     picture, or other matter intended for commercial 
     distribution, that contains a visual depiction of sexually 
     explicit conduct; or, inserting on a computer site or service 
     a digital image of, or otherwise managing the sexually 
     explicit content, of a computer site or service that contains 
     a visual depiction of, sexually explicit conduct'';
       (8) in subsection (a), by inserting after ``videotape,'' 
     the following: ``digital image, digitally- or computer-
     manipulated image of an actual human being, or picture,''; 
     and
       (9) in subsection (f)(4), by inserting after ``video'' the 
     following: ``digital image, digitally- or computer-
     manipulated image of an actual human being, or picture,''.

     SEC. 604. PREVENTION OF DISTRIBUTION OF CHILD PORNOGRAPHY 
                   USED AS EVIDENCE IN PROSECUTIONS.

       Section 3509 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(m) Prohibition on Reproduction of Child Pornography.--
       ``(1) In any criminal proceeding, any property or material 
     that constitutes child pornography (as defined by section 
     2256 of this title) must remain in the care, custody, and 
     control of either the Government or the court.
       ``(2)(A) Notwithstanding Rule 16 of the Federal Rules of 
     Criminal Procedure, a court shall deny, in any criminal 
     proceeding, any request by the defendant to copy, photograph, 
     duplicate, or otherwise reproduce any property or material 
     that constitutes child pornography (as defined by section 
     2256 of this title), so long as the Government makes the 
     property or material reasonably available to the defendant.
       ``(B) For the purposes of subparagraph (A), property or 
     material shall be deemed to be reasonably available to the 
     defendant if the Government provides ample opportunity for 
     inspection, viewing, and examination at a Government facility 
     of the property or material by the defendant, his or her 
     attorney, aid any individual the defendant may seek to 
     qualify to furnish expert testimony at trial.''.

     SEC. 605. AUTHORIZING CIVIL AND CRIMINAL ASSET FORFEITURE IN 
                   CHILD EXPLOITATION AND OBSCENITY CASES.

       (a) Conforming Forfeiture Procedures for Obscenity 
     Offenses.--Section 1467 of title 18, United States Code, is 
     amended--
       (1) in subsection (a)(3), by inserting a period after ``of 
     such offense'' and striking all that follows; and
       (2) by striking subsections (b) through (n) and inserting 
     the following:
       ``(b) The provisions of section 413 of the Controlled 
     Substance Act (21 U.S.C. 853) with the exception of 
     subsection (d), shall apply to the criminal forfeiture of 
     property pursuant to subsection (a).
       ``(c) Any property subject to forfeiture pursuant to 
     subjection (a) may be forfeited to the United States in a 
     civil case in accordance with the procedures set forth in 
     chapter 46 of this title.''.
       (b) Amendments to Child Exploitation Forfeiture 
     Provisions.--
       (1) Criminal forfeiture.--Section 2253(a) of title 18, 
     United States Code, is amended--
       (A) in the matter preceding paragraph (1) by--
       (i) inserting ``or who is convicted of an offense under 
     sections 2252B or 2257 of this chapter,'' after ``2260 of 
     this chapter'';
       (ii) inserting ``, or 2425'' after ``2423'' and striking 
     ``or'' before ``2423''; and
       (iii) inserting ``or an offense under chapter 109A'' after 
     ``of chapter 117''; and

[[Page H7864]]

       (B) in paragraph (I), by inserting ``, 2252A, 2252B or 
     2257'' after ``2252''.
       (2) Civil forfeiture.--Section 2254(a) of title 18, United 
     States Code, is amended--
       (A) in paragraph (1), by inserting ``, 2252A, 2252B, or 
     2257'' after ``2252'';
       (B) in paragraph (2) --
       (i) by striking ``or'' and inserting ``of'' before 
     ``chapter 117'';
       (ii) by inserting ``, or an offense under section 2252B or 
     2257 of this chapter,'' after ``Chapter 117,'' and
       (iii) by inserting ``, or an offense under chapter 109A'' 
     before the period; and
       (C) in paragraph (3) by--
       (i) inserting ``, or 2425'' after ``2423'' and striking 
     ``or'' before ``2423''; and
       (ii) inserting ``, a violation of section 2252B or 2257 of 
     this chapter, or a violation of chapter 109A'' before the 
     period.
       (c) Amendments to RICO.--Section 1961(1)(B) of title 18, 
     United States Code, is amended by inserting ``2252A, 2252B,'' 
     after ``2252''.

     SEC. 606. PROHIBITING THE PRODUCTION OF OBSCENITY AS WELL AS 
                   TRANSPORTATION, DISTRIBUTION, AND SALE.

       (a) Section 1465.--Section 1465 of title 18 of the United 
     States Code is amended--
       (1) by inserting ``Production and'' before 
     ``Transportation'' in the heading of the section;
       (2) by inserting ``produces with the intent to transport, 
     distribute, or transmit in interstate or foreign commerce, or 
     whoever knowingly'' after ``whoever knowingly'' and before 
     ``transports or travels in''; and
       (3) by inserting a comma after ``in or affecting such 
     commerce''.
       (b) Section 1466.--Section 1466 of title 18 of the United 
     States Code is amended--
       (1) in subsection (a), by inserting ``producing with intent 
     to distribute or sell, or'' before ``selling or transferring 
     obscene matter,'';
       (2) in subsection (b), by inserting, ``produces'' before 
     ``sells or transfers or offers to sell or transfer obscene 
     matter''; and
       (3) in subsection (b) by inserting ``production,'' before 
     ``selling or transferring or offering to sell or transfer 
     such material.''.

                               H.R. 3132

                         Offered by: Mr. Nadler

       Amendment No. 2: Page 4, before line 1, at the end of the 
     table of contents, add the following:

                   TITLE VI--MISCELLANEOUS PROVISION

Sec. 601. Ban on firearm for person convicted of a misdemeanor sex 
              offense against a minor.
       Page 69, after line 17, insert the following:

                   TITLE VI--MISCELLANEOUS PROVISION

     SEC. 601. BAN ON FIREARM FOR PERSON CONVICTED OF A 
                   MISDEMEANOR SEX OFFENSE AGAINST A MINOR.

       (a) Disposition of Firearm.--Section 922(d) of title 18, 
     United States Code, is amended--
       (1) by striking ``or'' at the end of paragraph (8);
       (2) by striking the period at the end of paragraph (9) and 
     inserting ``; or'' ; and
       (3) by inserting after paragraph (9) the following:
       ``(10) has been convicted in any court of a misdemeanor sex 
     offense against a minor.''.
       (b) Possession of Firearm.--Section 922(g) of title 18, 
     United States Code, is amended--
       (1) by striking ``or'' at the end of paragraph (8);
       (2) by striking the comma at the end of paragraph (9) and 
     inserting ``; or'' ; and
       (3) by inserting after paragraph (9) the following:
       ``(10) who has been convicted in any court of a misdemeanor 
     sex offense against a minor,''.
       (c) Misdemeanor Sex Offense Against a Minor Defined.--
     Section 921(a) of such title is amended by adding at the end 
     the following:
       ``(36)(A) The term `misdemeanor sex offense against a 
     minor' means a sex offense against a minor punishable by 
     imprisonment for not more than one year.
       ``(B) The term `sex offense' means a criminal offense that 
     has, as an element, a sexual act or sexual contact with 
     another, or an attempt or conspiracy to commit such an 
     offense.
       ``(C) The term `minor' means an individual who has not 
     attained 18 years of age.''.

                               H.R. 3132

                         Offered By: Mr. Porter

       Amendment No. 3: At the end of title III of the bill, 
     insert the following (and make such conforming changes to the 
     table of contents as may be necessary):

     SEC. 304. ACCESS TO FEDERAL CRIME INFORMATION DATABASES BY 
                   EDUCATIONAL AGENCIES FOR CERTAIN PURPOSES.

       (a) In General.--The Attorney General of the United States 
     shall, upon request of the chief executive officer of a 
     State, conduct fingerprint-based checks of the national crime 
     information databases (as defined in section 534(e)(3)(A) of 
     title 28, United States Code), pursuant to a request 
     submitted by a local educational agency or State educational 
     agency in that State, on individuals under consideration for 
     employment by the agency in a position in which the 
     individual would work with or around children. Where 
     possible, the check shall include a fingerprint-based check 
     of State criminal history databases. The Attorney General and 
     the States may charge any applicable fees for these checks.
       (b) Protection of Information.--An individual having 
     information derived as a result of a check under subsection 
     (a) may release that information only to an appropriate 
     officer of a local educational agency or State educational 
     agency, or to another person authorized by law to receive 
     that information.
       (c) Criminal Penalties.--An individual who knowingly 
     exceeds the authority in subsection (a), or knowingly 
     releases information in violation of subsection (b), shall be 
     imprisoned not more than 10 years or fined under title 18, 
     United States Code, or both.
       (d) Definition.--In this section, the terms ``local 
     educational agency'' and ``State educational agency'' have 
     the meanings given to those terms in section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).

                               H.R. 3132

                   Offered By: Mr. Scott of Virginia

       Amendment No. 4: Page 31, line 17, strike ``not less than 
     10''.
       Page 43, line 10, strike paragraph (1) and redesignate 
     succeeding paragraphs accordingly.
       Page 44, beginning on line 5, strike ``not less than 10 
     years and''.
       Page 45, line 8, strike subparagraph (A) and redesignate 
     succeeding subparagraphs accordingly.
       Page 45, line 11, strike the semicolon and insert ``; 
     and''.
       Page 45, line 18, strike the semicolon and insert a period.
       Page 45, strike line 19 through line 6 on page 46.
       Page 46, strike line 18 and all that follows through line 8 
     on page 47.
       Page 47, line 4, strike the semicolon and insert ``; and''.
       Page 47, line 5, strike ``; and'' and insert a period.
       Page 47, starting on line 6, strike clause (iii) and all 
     that follows through line 13 on page 49.
       Page 55, strike section 504 and all that follows through 
     line 22 on page 57, and redesignate succeeding sections 
     accordingly.
       Page 68, line 21, strike the semicolon and insert ``; 
     and''.
       Page 68, strike lines 22 through 23.
       Page 69, strike lines 8 through 11.

                               H.R. 3132

                     Offered By: Mr. Ryun of Kansas

       Amendment No. 5: At the end of title IV add the following:

     SEC. 403. SENSE OF CONGRESS WITH RESPECT TO PROSECUTIONS 
                   UNDER SECTION 2422(B) OF TITLE 18, UNITED 
                   STATES CODE.

       (a) Findings.--Congress finds that--
       (1) a jury convicted Jan P. Helder, Jr., of using a 
     computer to attempt to entice an individual who had not 
     attained the age of 18 years to engage in unlawful sexual 
     activity;
       (2) during the trial, evidence showed that Jan Helder had 
     engaged in an online chat with an individual posing as a 
     minor, who unbeknownst to him, was an undercover law 
     enforcement officer;
       (3) notwithstanding, Dean Whipple, District Judge for the 
     Western District of Missouri, acquitted Jan Helder, ruling 
     that because he did not, in fact, communicate with a minor, 
     he did not commit a crime;
       (4) the 9th Circuit Court of Appeals, in United States v. 
     Jeffrey Meek, specifically addressed the question facing 
     Judge Whipple and concurred with the 5th and 11th Circuit 
     Courts in finding that ``an actual minor victim is not 
     required for an attempt conviction under 18 U.S.C. Sec.  
     2422(b).'';
       (5) the Department of Justice has successfully used 
     evidence obtained through undercover law enforcement to 
     prosecute and convict perpetrators who attempted to solicit 
     children on the Internet; and
       (6) the Department of Justice states, ``Online child 
     pornography/child sexual exploitation is the most significant 
     cyber crime problem confronting the FBI that involves crimes 
     against children''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) it is a crime under section 2422(b) of title 18, United 
     States Code, to use a facility of interstate commerce to 
     attempt to entice an individual who has not attained the age 
     of 18 years into unlawful sexual activity, even if the 
     perpetrator incorrectly believes that the individual has not 
     attained the age of 18 years;
       (2) well-established caselaw has established that section 
     2422(b) of title 18, United States Code, criminalizes any 
     attempt to entice a minor into unlawful sexual activity, even 
     if the perpetrator incorrectly believes that the individual 
     has not attained the age of 18 years;
       (3) the Department of Justice should appeal Judge Whipple's 
     decision in United States v. Helder, Jr. and aggressively 
     continue to track down and prosecute sex offenders on the 
     Internet; and
       (4) Judge Whipple's decision in United States v. Helder, 
     Jr. should be overturned in light of the law as it is 
     written, the intent of Congress, and well-established 
     caselaw.

                               H.R. 3132

                   Offered By: Mr. Scott of Virginia

       Amendment No. 6: Strike section 303. Redesignate any 
     succeeding sections accordingly.

                               H.R. 3132

                   Offered By: Mr. Scott of Virginia

       Amendment No. 7: Strike section 302. Redesignate any 
     succeeding sections accordingly.
       Page 44, strike line 10 and all that follows through line 2 
     on page 11.

[[Page H7865]]

                               H.R. 3132

                   Offered By: Ms. Wasserman Schultz

       Amendment No. 8: Insert after section 511 the following new 
     section (and redesignate succeeding sections accordingly):

     SEC. 512. STATE CIVIL COMMITMENT PROGRAMS FOR SEXUALLY 
                   DANGEROUS PERSONS.

       (a) Grants Authorized.--The Attorney General shall make 
     grants to jurisdictions for the purpose of establishing, 
     enhancing, or operating effective civil commitment programs 
     for sexually dangerous persons.
       (b) Eligibility.--
       (1) In general.--To be eligible to receive a grant under 
     this section, a jurisdiction must, before the expiration of 
     the compliance period--
       (A) have established a civil commitment program for 
     sexually dangerous persons that is consistent with guidelines 
     issued by the Attorney General; or
       (B) submit a plan for the establishment of such a program.
       (2) Compliance period.--The compliance period referred to 
     in paragraph (1) expires on the date that is 2 years after 
     the date of the enactment of this Act. However, the Attorney 
     General may, on a case-by-case basis, extend the compliance 
     period that applies to a jurisdiction if the Attorney General 
     considers such an extension to be appropriate.
       (c) Attorney General Reports.--Not later than January 31 of 
     each year, beginning with 2008, the Attorney General shall 
     submit to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives a report on the progress of jurisdictions in 
     implementing this section and the rate of sexually violent 
     offenses for each jurisdiction.
       (d) Definitions.--As used in this section:
       (1) The term ``civil commitment program'' means a program 
     that involves--
       (A) secure civil confinement, including appropriate 
     control, care, and treatment during such confinement; and
       (B) appropriate supervision, care, and treatment for 
     individuals released following such confinement.
       (2) The term ``sexually dangerous person'' means an 
     individual who is dangerous to others because of a mental 
     illness, abnormality, or disorder that creates a risk that 
     the individual will engage in sexually violent conduct or 
     child molestation.
       (3) The term ``jurisdiction'' has the meaning given such 
     term in section 111.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2006, 2007, 2008, and 2009.

                               H.R. 3132

                Offered By: Mr. Inglis of South Carolina

       Amendment No. 9: Page 27, line 7, strike ``not less than 5 
     years nor''.
       Page 27, lines 17 through 18, strike ``not less than 5 
     years nor''.

                               H.R. 3132

                       Offered By: Mr. McDermott

       Amendment No. 10: Page 69, after line 17, insert the 
     following:

                   TITLE VI--MISCELLANEOUS PROVISIONS

     SEC. 601. FOSTER CHILDREN IN AREAS AFFECTED BY HURRICANE 
                   KATRINA DEEMED ELIGIBLE FOR FOSTER CARE 
                   MAINTENANCE PAYMENTS.

       (a) In General.--As a condition of eligibility for payments 
     under part E of title IV of the Social Security Act, each 
     State with a plan approved under such part shall, during the 
     12-month period that begins with September 2005, make foster 
     care maintenance payments (as defined in section 475(4) of 
     such Act) in accordance with such part on behalf of each 
     child who is in foster care under the responsibility of the 
     State, and who resides or, just before August 28, 2005, had 
     resided in an area for which a major disaster has been 
     declared under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result 
     of Hurricane Katrina.
       (b) Payments to States.--In lieu of any entitlement to 
     payment under section 474 of the Social Security Act with 
     respect to any child described in subsection (a) of this 
     section, each State with such a plan shall be entitled to a 
     payment for each quarter in which there is month in which the 
     State has made a foster care maintenance payment pursuant to 
     such subsection (a), in an amount equal to the sum of--
       (1) the total of the amounts expended by the State during 
     the quarter pursuant to such subsection (a) for children 
     described in such subsection (a) who are in foster family 
     homes (as defined in section 472(c)(1) of such Act) or child-
     care institutions (as defined in section 472(c)(2) of such 
     Act); and
       (2) the total of the amounts expended by the State during 
     the quarter as found necessary by the Secretary for the 
     provision of child placement services for such children, for 
     the proper and efficient administration of the plan with 
     respect to such children, or for the provision of services 
     which seek to improve the well-being of such children.

                               H.R. 3132

                       Offered By: Mr. McDermott

       Amendment No. 11: Page 69, after line 17, insert the 
     following:

                   TITLE VI--MISCELLANEOUS PROVISIONS

     SEC. 601. FLEXIBILITY TO ESTABLISH SEPARATE STANDARDS FOR 
                   RELATIVE FOSTER FAMILY HOMES.

       Section 471(a)(10) of the Social Security Act (42 U.S.C. 
     671(a)(10)) is amended by inserting before the semicolon the 
     following: ``, and, at the option of the State, that the 
     authority or authorities may--
       ``(A) establish and maintain separate standards for foster 
     family homes in which a foster parent is a relative of the 
     foster child, that, at a minimum, protect the safety of the 
     child and provide for criminal records checks as described in 
     paragraph (20); and
       ``(B) apply the standards referred to in subparagraph (A) 
     of this paragraph to any such relative foster care provider 
     to whom funds are paid pursuant to section 472 or part B in 
     lieu of the standards that would otherwise apply to a foster 
     family home.''.

                               H.R. 3132

                         Offered By: Mr. Herger

       Amendment No. 12: Page 54, beginning on line 21, strike 
     ``in furtherance'' and all that follows through line 23 and 
     insert ``for the purpose of conducting the background checks 
     required under section 471(a)(20) of the Social Security 
     Act.''.
       Page 55, beginning on line 18, strike ``placement of foster 
     or adoptive children'' and insert ``licensing or approval of 
     foster or adoptive parents''.

                               H.R. 3132

                         Offered By: Mr. Flake

       Amendment No. 13: Page 42, line 6, strike the close 
     quotation mark and the period that follows.
       Page 42, after line 6, insert the following:
       ``(k) Sentencing Claims.--A court, justice, or judge shall 
     not have jurisdiction to consider an application with respect 
     to an error relating to the applicant's sentence or 
     sentencing that has been found to be harmless or not 
     prejudicial in State court proceedings, or that was found by 
     a State court to be procedurally barred, unless a 
     determination that the error is not structural is contrary to 
     clearly established Federal law, as determined by the Supreme 
     Court of the United States.''.

                               H.R. 3132

                         Offered By: Mr. Baird

       Amendment No. 14: Add at the end of title III the 
     following:

     SEC. 304. STUDY OF INTERSTATE TRACKING OF PERSONS CONVICTED 
                   OF OR UNDER INVESTIGATION FOR CHILD ABUSE.

       (a) Study.--The Attorney General, in consultation with the 
     Secretary of Health and Human Services, shall study the 
     establishment of a nationwide interstate tracking system of 
     persons convicted of, or under investigation for, child 
     abuse. The study shall include an analysis, along with the 
     costs and benefits, of various mechanisms for establishing an 
     interstate tracking system, and include the extent to which 
     existing registries could be used.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall report to the 
     Congress the results of the study under this section.

                               H.R. 3132

                       Offered By: Mr. McDermott

       Amendment No. 15: Page 52, line 13, strike the close 
     quotation marks and the period and insert ``and''.
       Page 52, after line 13, insert the following:
       ``(D) provides that the preceding provisions of this 
     paragraph shall not apply with respect to the placement of a 
     child with a relative for not more than 60 days while the 
     State is conducting a records check pursuant to this 
     paragraph; ''.

                               H.R. 3132

                        Offered By: Mr. Gibbons

       Amendment No. 16: Page 26, after line 7, insert the 
     following new section (and redesignate succeeding sections, 
     and conform the table of contents, accordingly):

     SEC. 134. GAO STUDIES ON FEASIBILITY OF USING DRIVER'S 
                   LICENSE REGISTRATION PROCESSES AS ADDITIONAL 
                   REGISTRATION REQUIREMENTS FOR SEX OFFENDERS.

       For the purposes of determining the feasibility of using 
     driver's license registration processes as additional 
     registration requirements for sex offenders to improve the 
     level of compliance with sex offender registration 
     requirements for change of address upon relocation and other 
     related updates of personal information, the Congress 
     requires the following studies:
       (1) Not later than 180 days after the date of the enactment 
     of this Act, the Government Accountability Office shall 
     complete a study for the Committee on the Judiciary of the 
     House of Representatives to survey a majority of the States 
     to assess the relative systems capabilities to comply with a 
     Federal law that required all State driver's license systems 
     to automatically access State and national databases of 
     registered sex offenders in a form similar to the requirement 
     of the Nevada law described in paragraph (2). The Government 
     Accountability Office shall use the information drawn from 
     this survey, along with other expert sources, to determine 
     what the potential costs to the States would be if such a 
     Federal law came into effect, and what level of Federal 
     grants would be required to prevent an unfunded mandate. In 
     addition, the Government Accountability Office shall seek the 
     views of Federal and State law enforcement agencies, 
     including in particular the Federal Bureau of Investigation, 
     with regard to the anticipated effects of such a national 
     requirement, including potential for undesired side effects 
     in terms of actual compliance with this Act and related laws.
       (2) Not later than October 2006, the Government 
     Accountability Office shall complete a

[[Page H7866]]

     study to evaluate the provisions of Chapter 507 of Statutes 
     of Nevada 2005 to determine--
       (A) if those provisions are effective in increasing the 
     registration compliance rates of sex offenders;
       (B) the aggregate direct and indirect costs for the state 
     of Nevada to bring those provisions into effect; and
       (C) whether those provisions should be modified to improve 
     compliance by registered sex offenders.

                               H.R. 3132

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 17: Add at the end the following new title:

                  TITLE VI--PERSONAL DATA OF CHILDREN

     SEC. 601. MISAPPROPRIATION OF DATA.

       (a) In General.--Chapter 88 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1802. Misappropriation of personal data of children

       ``Whoever, in or affecting interstate or foreign commerce, 
     knowingly misappropriates the personally identifiable 
     information of a person who has not attained the age of 18 
     years shall be fined under this title or imprisoned not more 
     than 10 years, or both.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 88 of title 18, United States Code, is 
     amended by adding at the end the following new item:

``1802. Misappropriation of personal data of children.''.

                               H.R. 3132

                        Offered By: Mr. Cuellar

       Amendment No. 18: Page 11, line 4, after the comma insert 
     ``and a minimum term of imprisonment that is no less than 90 
     days,''.

                               H.R. 3132

                          Offered By: Mr. Poe

       Amendment No. 19: At the end of title I, add the following 
     new section (and amend the table of contents accordingly):

     SEC. __. EXPANSION OF TRAINING AND TECHNOLOGY EFFORTS.

       (a) Training.--The Attorney General, in consultation with 
     the Office of Juvenile Justice and Delinquency Prevention, 
     shall--
       (1) expand training efforts with Federal, State, and local 
     law enforcement officers and prosecutors to effectively 
     respond to the threat to children and the public posed by sex 
     offenders who use the internet and technology to solicit or 
     otherwise exploit children;
       (2) facilitate meetings, between corporations that sell 
     computer hardware and software or provide services to the 
     general public related to use of the Internet, to identify 
     problems associated with the use of technology for the 
     purpose of exploiting children;
       (3) host national conferences to train Federal, State, and 
     local law enforcement officers, probation and parole 
     officers, and prosecutors regarding pro-active approaches to 
     monitoring sex offender activity on the Internet;
       (4) develop and distribute, for personnel listed in 
     paragraph (3), information regarding multi-disciplinary 
     approaches to holding offenders accountable to the terms of 
     their probation, parole, and sex offender registration laws; 
     and
       (5) partner with other agencies to improve the coordination 
     of joint investigations among agencies to effectively combat 
     on-line solicitation of children by sex offenders.
       (b) Technology.--The Attorney General, in consultation with 
     the Office of Juvenile Justice and Delinquency Prevention, 
     shall--
       (1) deploy, to all Internet Crimes Against Children Task 
     Forces and their partner agencies, technology modeled after 
     the Canadian Child Exploitation Tracking System; and
       (2) conduct training in the use of that technology.
       (c) Report.--Not later than July 1, 2006, the Attorney 
     General, in consultation with the Office of Juvenile Justice 
     and Delinquency Prevention, shall submit to Congress a report 
     on the activities carried out under this section. The report 
     shall include any recommendations that the Attorney General, 
     in consultation with the Office, considers appropriate.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Attorney General, for fiscal year 
     2006--
       (1) $1,000,000 to carry out subsection (a); and
       (2) $2,000,000 to carry out subsection (b).

                               H.R. 3132

                   Offered By: Mr. Weldon of Florida

       Amendment No. 20: At the end of the bill, add the following 
     new section:

     SEC. 5__. DEFENDANTS IN CERTAIN CRIMINAL CASES TO BE TESTED 
                   FOR HIV.

       (a) In General.--A jurisdiction shall have in effect laws 
     or regulations with respect to a defendant against whom an 
     information or indictment is presented for a crime in which 
     by force or threat of force the perpetrator compels the 
     victim to engage in sexual activity that require as follows:
       (1) That the defendant be tested for HIV disease if--
       (A) the nature of the alleged crime is such that the sexual 
     activity would have placed the victim at risk of becoming 
     infected with HIV; or
       (B) the victim requests that the defendant be so tested.
       (2) That if the conditions specified in paragraph (1) are 
     met, the defendant undergo the test not later than 48 hours 
     after the date on which the information or indictment is 
     presented, and that as soon thereafter as is practicable the 
     results of the test be made available to--
       (A) the victim;
       (B) the defendant (or if the defendant is a minor, to the 
     legal guardian of the defendant);
       (C) the attorneys of the victim;
       (D) the attorneys of the defendant;
       (E) the prosecuting attorneys; and
       (F) the judge presiding at the trial, if any.
       (3) That if the defendant has been tested pursuant to 
     paragraph (2), the defendant, upon request of the victim, 
     undergo such follow-up tests for HIV as may be medically 
     appropriate, and that as soon as is practicable after each 
     such test the results of the test be made available in 
     accordance with paragraph (1) (except that this paragraph 
     applies only to the extent that the individual involved 
     continues to be a defendant in the judicial proceedings 
     involved, or is convicted in the proceedings).
       (4) That, if the results of a test conducted pursuant to 
     paragraph (2) or (3) indicate that the defendant has HIV 
     disease, such fact may, as relevant, be considered in the 
     judicial proceedings conducted with respect to the alleged 
     crime.
       (b) Failure to Comply.--
       (1) In general.--For any fiscal year beginning 2 or more 
     years after the date of the enactment of this Act, a 
     jurisdiction that fails to implement this section shall not 
     receive 10 percent of the funds that would otherwise be 
     allocated for that fiscal year to the jurisdiction under each 
     of the following programs:
       (A) Byrne.--Subpart 1 of part E of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et 
     seq.), whether characterized as the Edward Byrne Memorial 
     State and Local Law Enforcement Assistance Programs, the 
     Edward Byrne Memorial Justice Assistance Grant Program, or 
     otherwise.
       (B) LLEBG.--The Local Government Law Enforcement Block 
     Grants program.
       (2) Reallocation.--Amounts not allocated under a program 
     referred to in paragraph (1) to a jurisdiction for failure to 
     fully implement this section shall be reallocated under that 
     program to jurisdictions that have not failed to implement 
     this section.

                               H.R. 3132

                  Offered By: Mr. Kennedy of Minnesota

       Amendment No. 21: Add at the end of title IV the following:

     SEC. 403. SEXUAL ABUSE, SEXUAL EXPLOITATION, OR COERCIVE 
                   PROSTITUTION OF CHILDREN WHILE ILLEGALLY 
                   MANUFACTURING, DISTRIBUTING, DISPENSING, 
                   TRANSPORTING, OR POSSESSING CONTROLLED 
                   SUBSTANCES.

       (a) In General.--Chapter 110 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2260A. Sexual abuse, sexual exploitation, or coercive 
       prostitution of children while illegally manufacturing, 
       distributing, dispensing, possessing, or transporting 
       controlled substances

       ``Whoever, during and in relation to--
       ``(1) manufacturing, distributing, dispensing, or 
     possessing a controlled substance in violation of the 
     Controlled Substances Act, or attempting or conspiring to do 
     so; or
       ``(2) transporting or causing to be transported materials 
     (including chemicals) for manufacturing a controlled 
     substance in violation of that Act, or attempting or 
     conspiring to do so, commits a sex offense (as defined in 
     section 111 of the Children's Safety Act of 2005) against an 
     individual less than 18 years of age;
     shall be fined under this title, and imprisoned for life or 
     for any term of years not less than 25.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 110 of title 18, United States Code is 
     amended by adding at the end the following new item:

``2260A. Sexual abuse, sexual exploitation, or coercive prostitution of 
              children while illegally manufacturing, distributing, 
              dispensing, possessing, or transporting controlled 
              substances.''.

                               H.R. 3132

                        Offered By: Mr. Conyers

       Amendment No. 22: At the end of title I, add the following 
     new subtitle:

                  Subtitle C--Children's Safety Office

     SEC. 171. ESTABLISHMENT.

       There is hereby established within the Department of 
     Justice, under the general authority of the Attorney General, 
     a Children's Safety Office.

     SEC. 172. PURPOSE.

       The purpose of the Office is to administer the sex offender 
     registration program under subtitle A and to coordinate with 
     other departments, agencies, and offices in preventing sexual 
     abuse of children, prosecuting child sex offenders, and 
     tracking child abusers post-conviction .

     SEC. 173. DIRECTOR.

       (a) Advice and Consent.--At the head of the Office shall be 
     a Director, appointed by the President, by and with the 
     advice and consent of the Senate. The Director shall report 
     directly to the Attorney General.
       (b) Qualifications.--The Director shall be appointed from 
     among distinguished individuals who have--
       (1) proven academic, management, and leadership 
     credentials;
       (2) a superior record of achievement; and
       (3) training or expertise in criminal law or the 
     exploitation of children, or both.

[[Page H7867]]

       (c) Duties.--The Director shall have the following duties:
       (1) To maintain liaison with the judicial branches of the 
     Federal and State Governments on matters relating to 
     children's safety from sex offenders.
       (2) To provide information to the President, the Congress, 
     the Judiciary, State and local governments, and the general 
     public on matters relating to children's safety from sex 
     offenders.
       (3) To serve, when requested by the Attorney General, as 
     the representative of the Department of Justice on domestic 
     task forces, committees, or commissions addressing policy or 
     issues relating to children's safety from sex offenders.
       (4) To provide technical assistance, coordination, and 
     support to--
       (A) other components of the Department of Justice, in 
     efforts to develop policy and to enforce Federal laws 
     relating to sexual assaults against children, including the 
     litigation of civil and criminal actions relating to 
     enforcing such laws; and
       (B) other Federal, State, and local agencies, in efforts to 
     develop policy, provide technical assistance, and improve 
     coordination among agencies carrying out efforts to eliminate 
     sexual assaults against children.
       (5) To exercise such other powers and functions as may be 
     vested in the Director pursuant to this or any other Act or 
     by delegation of the Attorney General in accordance with law.
       (6) To establish such rules, regulations, guidelines, and 
     procedures as are necessary to carry out any function of the 
     Office.
       (7) To oversee--
       (A) the grant programs under subtitle A; and
       (B) any other grant programs of the Department of Justice 
     to the extent they relate to sexual assaults against 
     children.

     SEC. 174. ANNUAL REPORT.

       Not later than 180 days after the end of each fiscal year 
     for which grants are made under subtitle A, the Attorney 
     General shall submit to the Committee on the Judiciary of the 
     House of Representatives and the Committee on the Judiciary 
     of the Senate a report that includes, for each State or other 
     jurisdiction--
       (1) the number of grants made and funds distributed under 
     subtitle A;
       (2) a summary of the purposes for which those grants were 
     provided and an evaluation of their progress;
       (3) a statistical summary of persons served, detailing the 
     nature of victimization, and providing data on age, sex, 
     relationship of victim to offender, geographic distribution, 
     race, ethnicity, language, and disability, and the membership 
     of persons served in any underserved population; and
       (4) an evaluation of the effectiveness of programs funded 
     under subtitle A.

     SEC. 175. STAFF.

       The Attorney General shall ensure that the Director has 
     adequate staff to support the Director in carrying out the 
     responsibilities of the Director.

     SEC. 176. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this subtitle.

     SEC. 177. NONMONETARY ASSISTANCE.

       In addition to the assistance provided under subtitle A, 
     the Attorney General may request any Federal agency to use 
     its authorities and the resources granted to it under Federal 
     law (including personnel, equipment, supplies, facilities, 
     and managerial, technical, and advisory services) in support 
     of State and local assistance efforts consistent with the 
     purposes of this title.

                               H.R. 3132

                        Offered By: Mr. Conyers

       Amendment No. 23: At the end of title III insert the 
     following:

     SEC. 304. STATISTICS.

       (a) Coverage.--Subsection (b)(1) of the first section of 
     the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended 
     by inserting ``gender,'' before ``or ethnicity''.
       (b) Data.--Subsection (b)(5) of the first section of the 
     Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by 
     inserting ``, including data about crimes committed by and 
     directed against juveniles'' after ``data acquired under this 
     section''.

                               H.R. 3132

                        Offered By: Mr. Conyers

       Amendment No. 24: At the end of title I, add the following 
     new section (and conform the table of contents accordingly):

     SEC. 1___. GRANTS TO COMBAT SEXUAL ABUSE OF CHILDREN.

       (a) In General.--The Bureau of Justice Assistance shall 
     make grants to law enforcement agencies for purposes of this 
     section. The Bureau shall make such a grant--
       (1) to each law enforcement agency that serves a 
     jurisdiction with 50,000 or more residents; and
       (2) to each law enforcement agency that serves a 
     jurisdiction with fewer than 50,000 residents, upon a showing 
     of need.
       (b) Use of Grant Amounts.--Grants under this section may be 
     used by the law enforcement agency to--
       (1) hire additional law enforcement personnel, or train 
     existing staff to combat the sexual abuse of children through 
     community education and outreach, investigation of 
     complaints, enforcement of laws relating to sex offender 
     registries, and management of released sex offenders;
       (2) investigate the use of the Internet to facilitate the 
     sexual abuse of children; and
       (3) purchase computer hardware and software necessary to 
     investigate sexual abuse of children over the Internet, 
     access local, State, and Federal databases needed to 
     apprehend sex offenders, and facilitate the creation and 
     enforcement of sex offender registries.
       (c) 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 section.

                               H.R. 3132

                        Offered By: Mr. Conyers

       Amendment No. 25: At the end of the bill, add the following 
     new title:

         TITLE VI--LOCAL LAW ENFORCEMENT HATE CRIMES PREVENTION

     SECTION 601. SHORT TITLE.

       This title may be cited as the ``Local Law Enforcement Hate 
     Crimes Prevention Act of 2005''.

     SEC. 602. FINDINGS.

       Congress makes the following findings:
       (1) The incidence of violence motivated by the actual or 
     perceived race, color, religion, national origin, gender, 
     sexual orientation, gender identity, or disability of the 
     victim poses a serious national problem.
       (2) Such violence disrupts the tranquility and safety of 
     communities and is deeply divisive.
       (3) State and local authorities are now and will continue 
     to be responsible for prosecuting the overwhelming majority 
     of violent crimes in the United States, including violent 
     crimes motivated by bias. These authorities can carry out 
     their responsibilities more effectively with greater Federal 
     assistance.
       (4) Existing Federal law is inadequate to address this 
     problem.
       (5) The prominent characteristic of a violent crime 
     motivated by bias is that it devastates not just the actual 
     victim and the family and friends of the victim, but 
     frequently savages the community sharing the traits that 
     caused the victim to be selected.
       (6) Such violence substantially affects interstate commerce 
     in many ways, including--
       (A) by impeding the movement of members of targeted groups 
     and forcing such members to move across State lines to escape 
     the incidence or risk of such violence; and
       (B) by preventing members of targeted groups from 
     purchasing goods and services, obtaining or sustaining 
     employment, or participating in other commercial activity.
       (7) Perpetrators cross State lines to commit such violence.
       (8) Channels, facilities, and instrumentalities of 
     interstate commerce are used to facilitate the commission of 
     such violence.
       (9) Such violence is committed using articles that have 
     traveled in interstate commerce.
       (10) For generations, the institutions of slavery and 
     involuntary servitude were defined by the race, color, and 
     ancestry of those held in bondage. Slavery and involuntary 
     servitude were enforced, both prior to and after the adoption 
     of the 13th amendment to the Constitution of the United 
     States, through widespread public and private violence 
     directed at persons because of their race, color, or 
     ancestry, or perceived race, color, or ancestry. Accordingly, 
     eliminating racially motivated violence is an important means 
     of eliminating, to the extent possible, the badges, 
     incidents, and relics of slavery and involuntary servitude.
       (11) Both at the time when the 13th, 14th, and 15th 
     amendments to the Constitution of the United States were 
     adopted, and continuing to date, members of certain religious 
     and national origin groups were and are perceived to be 
     distinct ``races''. Thus, in order to eliminate, to the 
     extent possible, the badges, incidents, and relics of 
     slavery, it is necessary to prohibit assaults on the basis of 
     real or perceived religions or national origins, at least to 
     the extent such religions or national origins were regarded 
     as races at the time of the adoption of the 13th, 14th, and 
     15th amendments to the Constitution of the United States.
       (12) Federal jurisdiction over certain violent crimes 
     motivated by bias enables Federal, State, and local 
     authorities to work together as partners in the investigation 
     and prosecution of such crimes.
       (13) The problem of crimes motivated by bias is 
     sufficiently serious, widespread, and interstate in nature as 
     to warrant Federal assistance to States and local 
     jurisdictions.

     SEC. 603. DEFINITION OF HATE CRIME.

       In this title, the term ``hate crime'' has the same meaning 
     as in section 280003(a) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (28 U.S.C. 994 note).

     SEC. 604. SUPPORT FOR CRIMINAL INVESTIGATIONS AND 
                   PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT 
                   OFFICIALS.

       (a) Assistance Other Than Financial Assistance.--
       (1) In general.--At the request of a law enforcement 
     official of a State or Indian tribe, the Attorney General may 
     provide technical, forensic, prosecutorial, or any other form 
     of assistance in the criminal investigation or prosecution of 
     any crime that--
       (A) constitutes a crime of violence (as defined in section 
     16 of title 18, United States Code);
       (B) constitutes a felony under the laws of the State or 
     Indian tribe; and

[[Page H7868]]

       (C) is motivated by prejudice based on the actual or 
     perceived race, color, religion, national origin, gender, 
     sexual orientation, gender identity, or disability of the 
     victim, or is a violation of the hate crime laws of the State 
     or Indian tribe.
       (2) Priority.--In providing assistance under paragraph (1), 
     the Attorney General shall give priority to crimes committed 
     by offenders who have committed crimes in more than 1 State 
     and to rural jurisdictions that have difficulty covering the 
     extraordinary expenses relating to the investigation or 
     prosecution of the crime.
       (b) Grants.--
       (1) In general.--The Attorney General may award grants to 
     assist State, local, and Indian law enforcement officials 
     with the extraordinary expenses associated with the 
     investigation and prosecution of hate crimes.
       (2) Office of justice programs.--In implementing the grant 
     program, the Office of Justice Programs shall work closely 
     with the funded jurisdictions to ensure that the concerns and 
     needs of all affected parties, including community groups and 
     schools, colleges, and universities, are addressed through 
     the local infrastructure developed under the grants.
       (3) Application.--
       (A) In general.--Each State that desires a grant under this 
     subsection shall submit an application to the Attorney 
     General at such time, in such manner, and accompanied by or 
     containing such information as the Attorney General shall 
     reasonably require.
       (B) Date for submission.--Applications submitted pursuant 
     to subparagraph (A) shall be submitted during the 60-day 
     period beginning on a date that the Attorney General shall 
     prescribe.
       (C) Requirements.--A State or political subdivision of a 
     State or tribal official applying for assistance under this 
     subsection shall--
       (i) describe the extraordinary purposes for which the grant 
     is needed;
       (ii) certify that the State, political subdivision, or 
     Indian tribe lacks the resources necessary to investigate or 
     prosecute the hate crime;
       (iii) demonstrate that, in developing a plan to implement 
     the grant, the State, political subdivision, or tribal 
     official has consulted and coordinated with nonprofit, 
     nongovernmental victim services programs that have experience 
     in providing services to victims of hate crimes; and
       (iv) certify that any Federal funds received under this 
     subsection will be used to supplement, not supplant, non-
     Federal funds that would otherwise be available for 
     activities funded under this subsection.
       (4) Deadline.--An application for a grant under this 
     subsection shall be approved or disapproved by the Attorney 
     General not later than 30 business days after the date on 
     which the Attorney General receives the application.
       (5) Grant amount.--A grant under this subsection shall not 
     exceed $100,000 for any single jurisdiction within a 1 year 
     period.
       (6) Report.--Not later than December 31, 2006, the Attorney 
     General shall submit to Congress a report describing the 
     applications submitted for grants under this subsection, the 
     award of such grants, and the purposes for which the grant 
     amounts were expended.
       (7) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $5,000,000 
     for each of fiscal years 2006 and 2007.

     SEC. 605. GRANT PROGRAM.

       (a) Authority to Make Grants.--The Office of Justice 
     Programs of the Department of Justice shall award grants, in 
     accordance with such regulations as the Attorney General may 
     prescribe, to State and local programs designed to combat 
     hate crimes committed by juveniles, including programs to 
     train local law enforcement officers in identifying, 
     investigating, prosecuting, and preventing hate crimes.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 606. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST 
                   STATE AND LOCAL LAW ENFORCEMENT.

       There are authorized to be appropriated to the Department 
     of Justice, including the Community Relations Service, for 
     fiscal years 2006, 2007, and 2008 such sums as are necessary 
     to increase the number of personnel to prevent and respond to 
     alleged violations of section 249 of title 18, United States 
     Code, as added by section 607.

     SEC. 607. PROHIBITION OF CERTAIN HATE CRIME ACTS.

       (a) In General.--Chapter 13 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 249. Hate crime acts

       ``(a) In General.--
       ``(1) Offenses involving actual or perceived race, color, 
     religion, or national origin.--Whoever, whether or not acting 
     under color of law, willfully causes bodily injury to any 
     person or, through the use of fire, a firearm, or an 
     explosive or incendiary device, attempts to cause bodily 
     injury to any person, because of the actual or perceived 
     race, color, religion, or national origin of any person--
       ``(A) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(B) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--
       ``(i) death results from the offense; or
       ``(ii) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.
       ``(2) Offenses involving actual or perceived religion, 
     national origin, gender, sexual orientation, gender identity, 
     or disability.--
       ``(A) In general.--Whoever, whether or not acting under 
     color of law, in any circumstance described in subparagraph 
     (B), willfully causes bodily injury to any person or, through 
     the use of fire, a firearm, or an explosive or incendiary 
     device, attempts to cause bodily injury to any person, 
     because of the actual or perceived religion, national origin, 
     gender, sexual orientation, gender identity or disability of 
     any person--
       ``(i) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(ii) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--

       ``(I) death results from the offense; or
       ``(II) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.

       ``(B) Circumstances described.--For purposes of 
     subparagraph (A), the circumstances described in this 
     subparagraph are that--
       ``(i) the conduct described in subparagraph (A) occurs 
     during the course of, or as the result of, the travel of the 
     defendant or the victim--

       ``(I) across a State line or national border; or
       ``(II) using a channel, facility, or instrumentality of 
     interstate or foreign commerce;

       ``(ii) the defendant uses a channel, facility, or 
     instrumentality of interstate or foreign commerce in 
     connection with the conduct described in subparagraph (A);
       ``(iii) in connection with the conduct described in 
     subparagraph (A), the defendant employs a firearm, explosive 
     or incendiary device, or other weapon that has traveled in 
     interstate or foreign commerce; or
       ``(iv) the conduct described in subparagraph (A)--

       ``(I) interferes with commercial or other economic activity 
     in which the victim is engaged at the time of the conduct; or
       ``(II) otherwise affects interstate or foreign commerce.

       ``(b) Certification Requirement.--No prosecution of any 
     offense described in this subsection may be undertaken by the 
     United States, except under the certification in writing of 
     the Attorney General, the Deputy Attorney General, the 
     Associate Attorney General, or any Assistant Attorney General 
     specially designated by the Attorney General that--
       ``(1) he or she has reasonable cause to believe that the 
     actual or perceived race, color, religion, national origin, 
     gender, sexual orientation, gender identity, or disability of 
     any person was a motivating factor underlying the alleged 
     conduct of the defendant; and
       ``(2) he or his designee or she or her designee has 
     consulted with State or local law enforcement officials 
     regarding the prosecution and determined that--
       ``(A) the State does not have jurisdiction or does not 
     intend to exercise jurisdiction;
       ``(B) the State has requested that the Federal Government 
     assume jurisdiction;
       ``(C) the State does not object to the Federal Government 
     assuming jurisdiction; or
       ``(D) the verdict or sentence obtained pursuant to State 
     charges left demonstratively unvindicated the Federal 
     interest in eradicating bias-motivated violence.
       ``(c) Definitions.--In this section--
       ``(1) the term `explosive or incendiary device' has the 
     meaning given the term in section 232 of this title;
       ``(2) the term `firearm' has the meaning given the term in 
     section 921(a) of this title; and
       ``(3) the term `gender identity' for the purposes of this 
     chapter means actual or perceived gender-related 
     characteristics.
       ``(d) Rule of Evidence.--In a prosecution for an offense 
     under this section, evidence of expression or associations of 
     the defendant may not be introduced as substantive evidence 
     at trial, unless the evidence specifically relates to that 
     offense. However, nothing in this section affects the rules 
     of evidence governing impeachment of a witness.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 13 of title 18, United States Code, is amended by 
     adding at the end the following:

``249. Hate crime acts.''.

     SEC. 608. STATISTICS.

       Subsection (b)(1) of the first section of the Hate Crimes 
     Statistics Act (28 U.S.C. 534 note) is amended by inserting 
     ``gender and gender identity,'' after ``race,''.

     SEC. 609. SEVERABILITY.

       If any provision of this title, an amendment made by this 
     title, or the application of such provision or amendment to 
     any person or circumstance is held to be unconstitutional, 
     the remainder of this Act, the amendments made by this Act, 
     and the application of the provisions of such to any person 
     or circumstance shall not be affected thereby.

                               H.R. 3132

                         Offered By: Mrs. Kelly

       Amendment No. 26: At the end of the bill add the following 
     (and amend the table of contents accordingly):

[[Page H7869]]

     TITLE VI--NATIONAL REGISTER OF CASES OF CHILD ABUSE OR NEGLECT

     SEC. 601. NATIONAL REGISTER OF CASES OF CHILD ABUSE OR 
                   NEGLECT.

       (a) In General.--The Attorney General, in consultation with 
     the Secretary of Health and Human Services, shall create a 
     national register of cases of child abuse or neglect. The 
     information in such register shall be supplied by States, or, 
     at the option of a State, by political subdivisions of such 
     State.
       (b) Information.--The register described in subsection (a) 
     shall collect in a central electronic database information on 
     children reported to a State, or a political subdivision of a 
     State, as abused or neglected.
       (c) Scope of Information.--
       (1) In general.--
       (A) Treatment of reports.--The information to be provided 
     to the Secretary of Health and Human Services under this 
     section shall relate to substantiated reports of child abuse 
     or neglect. Except as provided in subparagraph (B), each 
     State, or, at the option of a State, each political 
     subdivision of such State, shall determine whether the 
     information to be provided to the Secretary of Health and 
     Human Services under this section shall also relate to 
     reports of suspected instances of child abuse or neglect that 
     were unsubstantiated or determined to be unfounded.
       (B) Exception.--If a State or political subdivision of a 
     State has an equivalent electronic register of cases of child 
     abuse or neglect that it maintains pursuant to a requirement 
     or authorization under any other provision of law, the 
     information provided to the Secretary of Health and Human 
     Services under this section shall be coextensive with that in 
     such register.
       (2) Form.--Information provided to the Secretary of Health 
     and Human Services under this section--
       (A) shall be in a standardized electronic form determined 
     by the Secretary of Health and Human Services; and
       (B) shall contain case-specific identifying information, 
     except that, at the option of the entity supplying the 
     information, the confidentiality of identifying information 
     concerning an individual initiating a report or complaint 
     regarding a suspected or known instance of child abuse or 
     neglect may be maintained.
       (d) Construction.--This section shall not be construed to 
     require a State or political subdivision of a State to 
     modify--
       (1) an equivalent register of cases of child abuse or 
     neglect that it maintains pursuant to a requirement or 
     authorization under any other provision of law; or
       (2) any other record relating to child abuse or neglect, 
     regardless of whether the report of abuse or neglect was 
     substantiated, unsubstantiated, or determined to be 
     unfounded.
       (e) Dissemination.--The Attorney General, in consultation 
     with the Secretary of Health and Human Services, shall 
     establish standards for the dissemination of information in 
     the national register of cases of child abuse or neglect. 
     Such standards shall preserve the confidentiality of records 
     in order to protect the rights of the child and the child's 
     parents or guardians while also ensuring that Federal, State, 
     and local government entities have access to such information 
     in order to carry out their responsibilities under law to 
     protect children from abuse and neglect.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary for fiscal year 2006 and succeeding fiscal 
     years.

                               H.R. 3132

                     Offered By: Mr. Sensenbrenner

       Amendment No. 27: Page 11, line 2, after ``jurisdiction'' 
     insert ``, other than a Federally recognized Indian tribe''.
       Page 27, line 5, insert ``, or resides in,'' after ``enters 
     or leaves''.
       Page 6, line 22, strike ``A'' and insert ``To the extent 
     provided and subject to the requirements of section 126, a''.
       Page 6, line 19, strike ``Somoa'' and insert ``Samoa''.
       Page 6, line 20, insert ``The'' before ``Northern''.
       Page 10, line 4, strike ``and interpret''.
       Page 10, line 5, strike ``to implement the requirements and 
     purposes of'' and insert ``and regulations to interpret and 
     implement''.
       Page 12, line 23, after ``years'' insert ``(but such 20-
     year period shall not include any time the offender is in 
     custody or civilly committed)''.
       Page 16, line 15, after ``jurisdiction'' insert ``where the 
     sex offender resides, works, or attends school, and each 
     jurisdiction''.
       Strike section 124 and insert the following:

     SEC. 124. IMMUNITY FOR GOOD FAITH CONDUCT.

       The Federal Government, jurisdictions, political 
     subdivisions of jurisdictions, and their agencies, officers, 
     employees, and agents shall be immune from liability for good 
     faith conduct under this title.
       Page 18, beginning in line 7, strike ``a one-year 
     extension'' and insert ``up to two one-year extensions''.
       Page 19, line 3, after ``title'' insert ``or may be 
     reallocated to a jurisdiction from which they were withheld 
     to be used solely for the purpose of implementing this 
     title''.
       Page 25, beginning in line 14, strike ``for damages 
     directly related to'' and insert ``arising from''.
       Page 26, beginning in line 20, strike ``receives a notice 
     from an official that such person''.
       Page 27, line 16, insert ``or section 1591,'' after 
     ``117,''.
       Page 29, line 3, insert ``or section 1591,'' after 
     ``117,''.
       Page 29, strike lines 14 through 17 and insert the 
     following:
       (g) Conforming Amendments to Cross References.--Paragraphs 
     (1) and (2) of section 4042(c) of title 18, United States 
     Code, are each amended by striking ``(4)'' and inserting 
     ``(3)''.
       Page 10, line 26, after ``Act'' insert ``or its effective 
     date in a particular jurisdiction''.
       Page 19, after line 3, insert the following:

       (c) Rule of Construction.--The provisions of this title 
     that are cast as directions to jurisdictions or their 
     officials constitute only conditions required to avoid the 
     reduction of Federal funding under this section.
       Page 11, line 20, after ``plate number'' insert ``and 
     description''.
       Page 26, after line 7, insert the following:

     SEC. 135. TREATMENT AND MANAGEMENT OF SEX OFFENDERS IN THE 
                   BUREAU OF PRISONS.

       Section 3621 of title 18, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(f) Sex Offender Management.--
       ``(1) In general.--The Bureau of Prisons shall make 
     available appropriate treatment to sex offenders who are in 
     need of and suitable for treatment, as follows:
       ``(A) Sex offender management programs.--The Bureau of 
     Prisons shall establish non-residential sex offender 
     management programs to provide appropriate treatment, 
     monitoring, and supervision of sex offenders and to provide 
     aftercare during pre-release custody.
       ``(B) Residential sex offender treatment programs.--The 
     Bureau of Prisons shall establish residential sex offender 
     treatment programs to provide treatment to sex offenders who 
     volunteer for such programs and are deemed by the Bureau of 
     Prisons to be in need of and suitable for residential 
     treatment.
       ``(2) Regions.--At least one sex offender management 
     program under paragraph (1)(A), and at least one residential 
     sex offender treatment program under paragraph (1)(B), shall 
     be established in each region within the Bureau of Prisons.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the Bureau of Prisons for 
     each fiscal year such sums as may be necessary to carry out 
     this subsection.''.
       At the end of title I, insert the following:

     SEC. 155. ASSISTANCE FOR PROSECUTIONS OF CASES CLEARED 
                   THROUGH USE OF DNA BACKLOG CLEARANCE FUNDS.

       (a) In General.--The Attorney General may make grants to 
     train and employ personnel to help investigate and prosecute 
     cases cleared through use of funds provided for DNA backlog 
     elimination.
       (b) Authorization.--There are authorized to be appropriated 
     such sums as may be necessary for each of fiscal years 2006 
     through 2010 to carry out this section.

     SEC. 156. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.

       In addition to any other amounts authorized by law, there 
     are authorized to be appropriated for grants to the American 
     Prosecutors Research Institute under section 214A of the 
     Victims of Child Abuse Act of 1990 (42 U.S.C. 13003) 
     $7,500,000 for each of fiscal years 2006 through 2010.
       Page 15, line 13, strike ``Each'' and insert ``(a) In 
     General.--Except as provided in subsection (b), each''.
       Page 15, after line 19, insert the following:
       (b) Exception.--To the extent authorized by the Attorney 
     General, a jurisdiction need not make available on the 
     Internet information about a sex offender required to 
     register for committing a misdemeanor sex offense against a 
     minor who has attained the age of 16 years.
       Page 8, line 15, insert ``a'' before ``sexual act''.
       Page 12, line 13, insert ``, including the date of the 
     offense, and whether or not the sex offender was prosecuted 
     as a juvenile at the time of the offense'' before the period.
       Page 5, after line 23, insert the following:
       (11) Polly Klaas, who was 12 years old, was abducted, 
     sexually assaulted and murdered in 1993 by a career offender 
     in California.
       Page 24, beginning in line 7, strike ``in a range'' and all 
     that follows through ``by'' in line 9 and inserting ``that is 
     one of''.
       Page 21, after line 15, insert the following (and 
     redesignate succeeding subsections accordingly):y-24
       (f) Innovation.--In making grants under this section, the 
     Attorney General shall ensure that different approaches to 
     monitoring are funded to allow an assessment of 
     effectiveness.
       (g) One-Time Report and Recommendations.--Not later than 
     April 1, 2008, the Attorney General shall submit to Congress 
     a report--
       (1) assessing the effectiveness and value of programs 
     funded by this section;
       (2) comparing the cost-effectiveness of the electronic 
     monitoring to reduce sex offenses compared to other 
     alternatives; and
       (3) making recommendations for continuing funding and the 
     appropriate levels for such funding.

                               H.R. 3132

                     Offered By: Mr. Sensenbrenner

       Amendment No. 28: Page 26, after line 7, insert the 
     following:


[[Page H7870]]



     SEC. 136. ASSISTANCE IN IDENTIFICATION AND LOCATION OF SEX 
                   OFFENDERS RELOCATED AS A RESULT OF HURRICANE 
                   KATRINA.

       The Attorney General shall provide technical assistance to 
     jurisdictions to assist them in the identification and 
     location of sex offenders relocated as a result of Hurricane 
     Katrina.

                               H.R. 3132

                     Offered By: Mr. Sensenbrenner

       Amendment No. 29: Page 69, after line 17, insert the 
     following:

     SEC. 514. NO LIMITATION FOR PROSECUTION OF FELONY SEX 
                   OFFENSES.

       Chapter 213 of title 18, United States Code, is amended--
       (1) by adding at the end the following:

     ``Sec. 3298. Child abduction and sex offenses.

       ``Notwithstanding any other law, an indictment may be found 
     or an information instituted at any time without limitation 
     for any offense under section 1201 involving a minor victim, 
     and for any felony under chapter 109A, 110, or 117, or 
     section 1591.''; and
       (2) by adding at the end of the table of sections at the 
     beginning of the chapter the following new item:

``3298. Child abduction and sex offenses.''.

     SEC. 515. CHILD ABUSE REPORTING.

       Section 2258 of title 18, United States Code, is amended by 
     striking ``Class B misdemeanor'' and inserting ``Class A 
     misdemeanor''.

                               H.R. 3132

                     Offered By: Mr. Sensenbrenner

       Amendment No. 30: Page 54, strike line 10 and all that 
     follows through line 19 on page 55 and insert the following:

     SEC. 503. ACCESS TO FEDERAL CRIME INFORMATION DATABASES BY 
                   CHILD WELFARE AGENCIES FOR CERTAIN PURPOSES.

       (a) In General.--The Attorney General of the United States 
     shall, upon request of the chief executive officer of a 
     State, conduct fingerprint-based checks of the national crime 
     information databases (as defined in section 534(e)(3)(A) of 
     title 28, United States Code) submitted by a local child 
     welfare agency for the purpose of conducting a background 
     check required under section 471(a)(20) of the Social 
     Security Act on individuals under consideration as 
     prospective foster or adoptive parents. Where possible, the 
     check shall include a fingerprint-based check of state 
     criminal history databases. The Attorney General and the 
     states may charge any applicable fees for the checks.
       (b) Limitation.--An officer may use the authority under 
     subsection (a) only for the purpose of conducting the 
     background checks required under section 471(a)(20) of the 
     Social Security Act.
       (c) Protection of Information.--An individual having 
     information derived as a result of a check under subsection 
     (a) may release that information only to 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 
     licensing or approval of foster or adoptive parents.

                               H.R. 3132

                  Offered By Ms. Jackson-Lee of Texas

       Amendment No. 31: At the end of the TITLE V, add the 
     following new section:

     SEC. __. SENSE OF CONGRESS.

       It is the sense of Congress that background checks 
     conducted as a precondition to approval of any foster or 
     adoptive placement of children affected by a natural disaster 
     or terrorist attack should be expedited in order to ensure 
     that such children do not become subjected to the offenses 
     enumerated in this act.