Text: H.R.3132 — 109th Congress (2005-2006)All Bill Information (Except Text)

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Referred in Senate (09/15/2005)


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[Congressional Bills 109th Congress]
[From the U.S. Government Printing Office]
[H.R. 3132 Referred in Senate (RFS)]


109th CONGRESS
  1st Session
                                H. R. 3132


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 15, 2005

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
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.--The table of contents for this Act is as 
follows:

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. Bonus payments to States that implement electronic 
                            monitoring.
Sec. 132. National Center for Missing and Exploited Children access to 
                            Interstate Identification Index.
Sec. 133. Limited immunity for National Center for Missing and 
                            Exploited Children with respect to 
                            CyberTipline.
Sec. 134. Treatment and management of sex offenders in the Bureau of 
                            Prisons.
Sec. 135. Assistance in identification and location of sex offenders 
                            relocated as a result of Hurricane Katrina.
Sec. 136. GAO studies on feasibility of using driver's license 
                            registration processes as additional 
                            registration requirements for sex 
                            offenders.
   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.
Sec. 156. Assistance for prosecutions of cases cleared through use of 
                            DNA backlog clearance funds.
Sec. 157. Authorization of additional appropriations.
Sec. 158. Grants to combat sexual abuse of children.
Sec. 159. Expansion of training and technology efforts.
                  Subtitle C--Children's Safety Office

Sec. 161. Establishment.
Sec. 162. Purpose.
Sec. 163. Director.
Sec. 164. Annual report.
Sec. 165. Staff.
Sec. 166. Authorization of appropriations.
Sec. 167. Nonmonetary assistance.
                      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.
Sec. 304. Statistics.
Sec. 305. Study of interstate tracking of persons convicted of or under 
                            investigation for child abuse.
Sec. 306. Access to Federal crime information databases by educational 
                            agencies for certain purposes.
  TITLE IV--PROTECTION AGAINST SEXUAL EXPLOITATION OF CHILDREN ACT OF 
                                  2005

Sec. 401. Short title.
Sec. 402. Increased penalties for sexual offenses against children.
Sec. 403. Sense of Congress with respect to prosecutions under section 
                            2422(b) of title 18, United States Code.
 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 VI--MISCELLANEOUS PROVISION

Sec. 601. Ban on firearm for person convicted of a misdemeanor sex 
                            offense against a minor.
    TITLE VII--NATIONAL REGISTER OF CASES OF CHILD ABUSE OR NEGLECT

Sec. 701. National register of cases of child abuse or neglect.
          TITLE VIII--CHILD PORNOGRAPHY PREVENTION ACT OF 2005

Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Strengthening section 2257 to ensure that children are not 
                            exploited in the production of pornography.
Sec. 804. Prevention of distribution of child pornography used as 
                            evidence in prosecutions.
Sec. 805. Authorizing civil and criminal asset forfeiture in child 
                            exploitation and obscenity cases.
Sec. 806. Prohibiting the production of obscenity as well as 
                            transportation, distribution, and sale.
                  TITLE IX--PERSONAL DATA OF CHILDREN

Sec. 901. Misappropriation of data.
         TITLE X--LOCAL LAW ENFORCEMENT HATE CRIMES PREVENTION

Sec. 1001. Short title.
Sec. 1002. Findings.
Sec. 1003. Definition of hate crime.
Sec. 1004. Support for criminal investigations and prosecutions by 
                            State and local law enforcement officials.
Sec. 1005. Grant program.
Sec. 1006. Authorization for additional personnel to assist State and 
                            local law enforcement.
Sec. 1007. Prohibition of certain hate crime Acts.
Sec. 1008. Statistics.
Sec. 1009. Severability.

        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.
            (11) Polly Klaas, who was 12 years old, was abducted, 
        sexually assaulted and murdered in 1993 by a career offender in 
        California.

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 Samoa.
                    (F) The Northern Mariana Islands.
                    (G) The United States Virgin Islands.
                    (H) To the extent provided and subject to the 
                requirements of section 126, 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 a 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 guidelines and regulations to interpret and 
implement 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 or its effective date in a particular 
jurisdiction.
    (e) State Penalty for Failure to Comply.--Each jurisdiction, other 
than a Federally recognized Indian tribe shall provide a criminal 
penalty, that includes a maximum term of imprisonment that is greater 
than one year, and a minimum term of imprisonment that is no less than 
90 days, 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 and description 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, including the 
        date of the offense, and whether or not the sex offender was 
        prosecuted as a juvenile at the time of the offense.
            (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 (but such 20-year period shall 
        not include any time the offender is in custody or civilly 
        committed), 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 
Attorney 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.

    (a) In General.--Except as provided in subsection (b), 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.
    (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.

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 where the sex offender resides, 
        works, or attends school, and 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 enforcement agency shall take any appropriate action to 
ensure compliance.

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.

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 up to two one-year extensions 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 or may be reallocated to a 
jurisdiction from which they were withheld to be used solely for the 
purpose of implementing this title.
    (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.

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) 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) 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.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary.

SEC. 131. BONUS PAYMENTS TO STATES THAT IMPLEMENT ELECTRONIC 
              MONITORING.

    (a) In General.--A State that, within 3 years after the date of the 
enactment of this Act, has in effect laws and policies described in 
subsection (b) shall be eligible for a bonus payment described in 
subsection (c), to be paid by the Attorney General from any amounts 
available to the Attorney General for such purpose.
    (b) Electronic Monitoring Laws and Policies.--
            (1) In general.--Laws and policies referred to in 
        subsection (a) are laws and policies that ensure that 
        electronic monitoring is required of a person if that person is 
        released after being convicted of a State sex offense in which 
        an individual who has not attained the age of 18 years is the 
        victim.
            (2) Monitoring required.--The monitoring required under 
        paragraph (1) is a system that actively monitors and identifies 
        the person's location and timely reports or records the 
        person's presence near or within a crime scene or in a 
        prohibited area or the person's departure from specified 
        geographic limitations.
            (3) Duration.--The electronic monitoring required by 
        paragraph (1) shall be required of the person--
                    (A) for the life of the person, if--
                            (i) an individual who has not attained the 
                        age of 12 years is the victim; or
                            (ii) the person has a prior sex conviction 
                        (as defined in section 3559(e) of title 18, 
                        United States Code); and
                    (B) for the period during which the person is on 
                probation, parole, or supervised release for the 
                offense, in any other case.
            (4) State required to monitor all sex offenders residing in 
        state.--In addition, laws and policies referred to in 
        subsection (a) also include laws and policies that ensure that 
        the State frequently monitors each person residing in the State 
        for whom electronic monitoring is required, whether such 
        monitoring is required under this section or under section 
        3563(a)(9) of title 18, United States Code.
    (c) Bonus Payments.--The bonus payment referred to in subsection 
(a) is a payment equal to 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.
    (d) Definition.--In this section, the term ``State sex offense'' 
means any criminal offense that is one of the following:
            (1) A specified offense against a minor.
            (2) A serious sex offense.

SEC. 132. 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. 133. 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 arising from 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.''.

SEC. 134. 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.''.

SEC. 135. 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.

SEC. 136. 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 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.

   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

``Sec.
``2250. Failure to register.
``Sec. 2250. Failure to register
    ``Whoever 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, or resides in, 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. Sex 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, or 
section 1591, 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), 2244(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, 
                or section 1591, 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 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)''.
    (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.

SEC. 156. 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. 157. 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.

SEC. 158. 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.

SEC. 159. 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).

                  Subtitle C--Children's Safety Office

SEC. 161. ESTABLISHMENT.

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

SEC. 162. 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. 163. 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.
    (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. 164. 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. 165. 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. 166. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 167. 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.

                      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, detained, or 
                convicted 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.
    ``(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.''.
    (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.

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''.

SEC. 305. 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.

SEC. 306. 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).

  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 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,'';
                            (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)''.

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.

 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 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), in the matter preceding clause 
        (i), by striking ``unless an election provided for in 
        subparagraph (B) is made with respect to the State,''; and
            (2) by striking subparagraph (B) and 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 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.

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 (9), by striking the period and inserting 
        ``; and''; and
            (2) 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 adding at the end the following: ``The court may 
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 a semicolon; 
                        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. 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.

SEC. 513. MANDATORY PENALTIES FOR SEX-TRAFFICKING OF CHILDREN.

    Section 1591(b) of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``or imprisonment'' and 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. 514. SEXUAL ABUSE OF WARDS.

    Chapter 109A of title 18, United States Code, is amended--
            (1) in section 2243(b), by striking ``one year'' and 
        inserting ``five years'';
            (2) in section 2244(b), by striking ``six months'' and 
        inserting ``two years''; and
            (3) by inserting after ``Federal prison,'' each place it 
        appears, other than the second sentence of section 2241(c), the 
        following: ``or being in the 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,''.

SEC. 515. NO LIMITATION FOR PROSECUTION OF FELONY SEX OFFENSES.

    Chapter 213 of title 18, United States Code, is amended--
            (1) by adding at the end the following:
``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. 516. CHILD ABUSE REPORTING.

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

SEC. 517. SENSE OF CONGRESS.

    It is the sense of Congress that background checks conducted as a 
precondition to approval of any foster or adoptive placement of 
children affected by a natural 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.

SEC. 518. DEFENDANTS IN CERTAIN CRIMINAL CASES TO BE TESTED FOR HIV.

    (a) In General.--A jurisdiction shall have in effect laws or 
regulations with respect to a defendant against whom an information or 
indictment is presented for a crime in which by force or threat of 
force the perpetrator compels the victim to engage in sexual activity 
that require as follows:
            (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.

                   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.''.

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

SEC. 701. NATIONAL REGISTER OF CASES OF CHILD ABUSE OR NEGLECT.

    (a) In General.--The Attorney General, in 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.

          TITLE VIII--CHILD PORNOGRAPHY PREVENTION ACT OF 2005

SEC. 801. SHORT TITLE.

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

SEC. 802. FINDINGS.

    Congress makes the following findings:
            (1) The effect of the intrastate production, 
        transportation, distribution, receipt, advertising, and 
        possession of child pornography on interstate market in child 
        pornography.
                    (A) The illegal production, transportation, 
                distribution, receipt, advertising and possession of 
                child pornography, as defined in section 2256(8) of 
                title 18, United States Code, as well as the transfer 
                of custody of children for the production of child 
                pornography, is harmful to the physiological, 
                emotional, and mental health of the children depicted 
                in child pornography 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. 803. 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. 804. 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. 805. 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
                    (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. 806. 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.''.

                  TITLE IX--PERSONAL DATA OF CHILDREN

SEC. 901. MISAPPROPRIATION OF DATA.

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

         TITLE X--LOCAL LAW ENFORCEMENT HATE CRIMES PREVENTION

SEC. 1001. SHORT TITLE.

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

SEC. 1002. FINDINGS.

    Congress makes the following findings:
            (1) The incidence of violence motivated by the actual or 
        perceived race, color, religion, national 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. 1003. DEFINITION OF HATE CRIME.

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

SEC. 1004. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY 
              STATE AND LOCAL LAW ENFORCEMENT OFFICIALS.

    (a) Assistance Other Than Financial 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
                    (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. 1005. 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. 1006. 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 1007.

SEC. 1007. 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. 1008. 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. 1009. 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.

            Passed the House of Representatives September 14, 2005.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

                            By Gerasimos C. Vans,

                                                          Deputy Clerk.