Protecting Our Children Act of 2005 - Sex Offender Registration and Notification Act - Requires: (1) each state, the District of Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the U.S. Virgin Islands, and each federally recognized Indian tribe to maintain a sex offender registry; and (2) each sex offender to register in the jurisdictions where the offender resides, is an employee, and is a student.
Requires the Attorney General to: (1) maintain a National Sex Offender Registry at the Federal Bureau of Investigation (FBI); (2) establish a Sex Offender Management Assistance program; and (3) provide technical assistance to jurisdictions in identifying and locating sex offenders relocated as a result of Hurricane Katrina. Authorizes the Attorney General to make grants to apprehend sex offenders. Establishes within the Department of Justice a Children's Safety Office.
DNA Fingerprinting Act of 2005 - Amends: (1) the DNA Identification Act of 1994 to expand the scope of DNA (deoxyribonucleic acid) samples to be included in the National DNA Index System; and (2) the DNA Analysis Backlog Elimination Act of 2000 to authorize the Attorney General to collect DNA samples from individuals who are arrested, detained, or convicted under U.S. authority.
Prevention and Deterrence of Crimes Against Children Act of 2005 - Increases penalties for violent crimes against minors.
Protection Against Sexual Exploitation of Children Act of 2005 - Increases penalties for sexual offenses against children.
Foster Child Protection and Child Sexual Predator Sentencing Act of 2005 - Requires background checks and checks of national crime information databases and state child abuse registries before approval of foster or adoptive placements.
Amends the federal criminal code to prohibit the sale of a firearm to a person convicted of a misdemeanor sex offense against a minor.
Directs the Attorney General to: (1) create a national register of cases of child abuse or neglect; and (2) establish standards for disseminating that information.
Child Pornography Prevention Act of 2005 - Prohibits producers of visual depictions of actual sexually explicit conduct from refusing to permit the Attorney General to conduct inspections of records at business premises. Modifies the definition of "produces" to include actually filming, videotaping, photographing, or digitally manipulating an image of an actual human being that contains a visual depiction of such conduct.
Prohibits misappropriating the personally identifiable information of a minor.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3860 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3860
To make improvements to the national sex offender registration program,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 22, 2005
Mr. Price of Georgia (for himself, Mr. Deal of Georgia, Mr. Norwood,
Mr. Kingston, Mr. Westmoreland, Mr. Gingrey, Mr. Linder, Mrs. Jo Ann
Davis of Virginia, Mr. Cantor, Mr. Pence, and Mr. Goode) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To make improvements to the national sex offender registration program,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Protecting Our
Children 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. State civil commitment programs for sexually dangerous
persons.
Sec. 513. Mandatory penalties for sex-trafficking of children.
Sec. 514. Sexual abuse of wards.
Sec. 515. No limitation for prosecution of felony sex offenses.
Sec. 516. Child abuse reporting.
Sec. 517. Sense of Congress.
Sec. 518. Defendants in certain criminal cases to be tested for HIV.
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 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 old, 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. 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.''.
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Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Human Resources.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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