I 

109TH CONGRESS 

1ST SESSION H. R. 3129 

To protect foster children and provide appropriate sentencing for child sex 

predators, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 30, 2005 

Mr. DELAY introduced the following bill; which was referred to the Committee 

on the Judiciary, and in addition to the Committee on Ways and Means, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To protect foster children and provide appropriate sentencing 

for child sex predators, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This title may be cited as the ‘‘Foster Child Protec5 tion and Child Sexual Predator Sentencing Act of 2005’’. 
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1 SEC. 2. REQUIREMENT TO COMPLETE BACKGROUND 

2 CHECKS BEFORE APPROVAL OF ANY FOSTER 

3 OR ADOPTIVE PLACEMENT AND TO CHECK 

4 NATIONAL CRIME INFORMATION DATABASES 

5 AND STATE CHILD ABUSE REGISTRIES; SUS6 PENSION AND SUBSEQUENT ELIMINATION OF 

7 OPT-OUT. 

8 (a) REQUIREMENT TO COMPLETE BACKGROUND

9 CHECKS BEFORE APPROVAL OF ANY FOSTER OR ADOP10 TIVE PLACEMENT AND TO CHECK NATIONAL CRIME IN11 FORMATION DATABASES AND STATE CHILD ABUSE REG12 ISTRIES; SUSPENSION OF OPT-OUT.— 

13 (1) REQUIREMENT TO CHECK NATIONAL CRIME

14 INFORMATION DATABASES AND STATE CHILD ABUSE

15 REGISTRIES.—Section 471(a)(20) of the Social Se16 curity Act (42 U.S.C. 671(a)(20)) is amended— 

17 (A) in subparagraph (A)— 

18 (i) in the matter preceding clause 

19 (i)— 

20 (I) by inserting ‘‘, including 

21 checks of national crime information 

22 databases (as defined in section 

23 534(e)(3)(A) of title 28, United 

24 States Code),’’ after ‘‘criminal records 

25 checks’’; and 
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1 (II) by striking ‘‘on whose behalf 

2 foster care maintenance payments or 

3 adoption assistance payments are to 

4 be made’’ and inserting ‘‘regardless of 

5 whether foster care maintenance pay6 ments or adoption assistance pay7 ments are to be made on behalf of the 

8 child’’; and 

9 (ii) in each of clauses (i) and (ii), by 

10 inserting ‘‘involving a child on whose be11 half such payments are to be so made’’ 

12 after ‘‘in any case’’; 

13 (B) by adding ‘‘and’’ at the end of sub14 paragraph (B); and 

15 (C) by adding at the end the following: 

16 ‘‘(C) provides that the State shall— 

17 ‘‘(i) check any child abuse and neglect 

18 registry maintained by the State for infor19 mation on any prospective foster or adop20 tive parent and on any other adult living in 

21 the home of such a prospective parent, and 

22 request any other State in which any such 

23 prospective parent or other adult has re24 sided in the preceding 5 years, to enable 

25 the State to check any child abuse and ne-
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1 glect registry maintained by such other 

2 State for such information, before the pro3 spective foster or adoptive parent may be 

4 finally approved for placement of a child, 

5 regardless of whether foster care mainte6 nance payments or adoption assistance 

7 payments are to be made on behalf of the 

8 child under the State plan under this part; 

9 ‘‘(ii) comply with any request de10 scribed in clause (i) that is received from 

11 another State; and 

12 ‘‘(iii) have in place safeguards to pre13 vent the unauthorized disclosure of infor14 mation in any child abuse and neglect reg15 istry maintained by the State, and to pre16 vent any such information obtained pursu17 ant to this subparagraph from being used 

18 for a purpose other than the conducting of 

19 background checks in foster or adoptive 

20 placement cases;’’. 

21 (2) SUSPENSION OF OPT-OUT.—Section 

22 471(a)(20)(B) of such Act (42 U.S.C. 

23 671(a)(20)(B)) is amended— 

24 (A) by inserting ‘‘, on or before September 

25 30, 2005,’’ after ‘‘plan if’’; and 
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1 (B) by inserting ‘‘, on or before such 

2 date,’’ after ‘‘or if’’. 

3 (b) ELIMINATION OF OPT-OUT.—Section 471(a)(20) 

4 of such Act (42 U.S.C. 671(a)(20)), as amended by sub5 section (a) of this section, is amended—

6 (1) in subparagraph (A)—

7 (A) in the matter preceding clause (i), by 

8 striking ‘‘unless an election provided for in sub9 paragraph (B) is made with respect to the 

10 State,’’; and 

11 (B) by adding ‘‘and’’ at the end of clause 

12 (ii); and 

13 (2) by striking subparagraph (B) and redesig14 nating subparagraph (C) as subparagraph (B). 

15 (c) EFFECTIVE DATE.—

16 (1) IN GENERAL.—The amendments made by 

17 subsection (a) shall take effect on October 1, 2005, 

18 and shall apply with respect to payments under part 

19 E of title IV of the Social Security Act for calendar 

20 quarters beginning on or after such date, without re21 gard to whether regulations to implement the 

22 amendments are promulgated by such date. 

23 (2) ELIMINATION OF OPT-OUT.—The amend24 ments made by subsection (b) shall take effect on 

25 October 1, 2007, and shall apply with respect to 
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1 payments under part E of title IV of the Social Se2 curity Act for calendar quarters beginning on or 

3 after such date, without regard to whether regula4 tions to implement the amendments are promulgated 

5 by such date. 

6 (3) DELAY PERMITTED IF STATE LEGISLATION

7 REQUIRED.—If the Secretary of Health and Human 

8 Services determines that State legislation (other 

9 than legislation appropriating funds) is required in 

10 order for a State plan under section 471 of the So11 cial Security Act to meet the additional requirements 

12 imposed by the amendments made by a subsection 

13 of this section, the plan shall not be regarded as fail14 ing to meet any of the additional requirements be15 fore the first day of the first calendar quarter begin16 ning after the first regular session of the State legis17 lature that begins after the otherwise applicable ef18 fective date of the amendments. If the State has a 

19 2-year legislative session, each year of the session is 

20 deemed to be a separate regular session of the State 

21 legislature. 
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1 SEC. 3. ACCESS TO FEDERAL CRIME INFORMATION DATA2 BASES BY CHILD WELFARE AGENCIES FOR 

3 CERTAIN PURPOSES. 

4 (a) IN GENERAL.—The Attorney General shall, upon 

5 request of the chief executive of a State, ensure that ap6 propriate officers of child welfare agencies have the au7 thority for ‘‘read only’’ online access to the databases of 

8 the national crime information databases (as defined in 

9 section 534 of title 28, United States Code) to carry out 

10 criminal history records checks, subject to subsection (b). 

11 (b) LIMITATION.—An officer may use the authority 

12 under subsection (a) only in furtherance of the purposes 

13 of the agency and only on an individual relevant to case14 work of the agency. 

15 (c) PROTECTION OF INFORMATION.—An individual 

16 having information derived as a result of a check under 

17 subsection (a) may release that information only to appro18 priate officers of child welfare agencies or another person 

19 authorized by law to receive that information. 

20 (d) CRIMINAL PENALTIES.—An individual who know21 ingly exceeds the authority in subsection (a), or knowingly 

22 releases information in violation of subsection (c), shall be 

23 imprisoned not more than 10 years or fined under title 

24 18, United States Code, or both. 

25 (e) CHILD WELFARE AGENCY DEFINED.—In this 

26 section, the term ‘‘child welfare agency’’ means— 
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1 (1) the State or local agency responsible for ad2 ministering the plan under part B or part E of title 

3 IV of the Social Security Act; and 

4 (2) any other public agency, or any other pri5 vate agency under contract with the State or local 

6 agency responsible for administering the plan under 

7 part B or part E of title IV of the Social Security 

8 Act, that is responsible for the placement of foster 

9 or adoptive children. 

10 SEC. 4. PENALTIES FOR COERCION AND ENTICEMENT BY 

11 SEX OFFENDERS. 

12 Section 2422(a) of title 18, United States Code, is 

13 amended by striking ‘‘or imprisoned not more than 20 

14 years, or both’’ and inserting ‘‘and imprisoned not less 

15 than 10 years nor more than 30 years’’. 

16 SEC. 5. PENALTIES FOR CONDUCT RELATING TO CHILD 

17 PROSTITUTION. 

18 Section 2423 of title 18, United States Code, is 

19 amended— 

20 (1) in subsection (a), by striking ‘‘5 years and 

21 not more than 30 years’’ and inserting ‘‘30 years or 

22 for life’’; 

23 (2) in subsection (b), by striking ‘‘or impris24 oned not more than 30 years, or both’’ and inserting 
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1 ‘‘and imprisoned for not less than 10 years and not 

2 more than 30 years’’; 

3 (3) in subsection (c), by striking ‘‘or imprisoned 

4 not more than 30 years, or both’’ and inserting ‘‘and 

5 imprisoned for not less than 10 years and not more 

6 than 30 years’’; and 

7 (4) in subsection (d), by striking ‘‘imprisoned 

8 not more than 30 years, or both’’ and inserting ‘‘and 

9 imprisoned for not less than 10 nor more than 30 

10 years’’. 

11 SEC. 6. PENALTIES FOR SEXUAL ABUSE. 

12 (a) AGGRAVATED SEXUAL ABUSE.—Section 2241 of 

13 title 18, United States Code, is amended— 

14 (1) in subsection (a), by striking ‘‘, imprisoned 

15 for any term of years or life, or both’’ and inserting 

16 ‘‘and imprisoned for any term of years not less than 

17 30 or for life’’; and 

18 (2) in subsection (b), by striking ‘‘, imprisoned 

19 for any term of years or life, or both’’ and inserting 

20 ‘‘and imprisoned for any term of years not less than 

21 25 or for life’’. 

22 (b) SEXUAL ABUSE.—Section 2242 of title 18, 

23 United States Code, is amended by striking ‘‘, imprisoned 

24 not more than 20 years, or both’’ and inserting ‘‘and im25 prisoned not less than 15 years nor more than 40 years’’. 
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1 (c) ABUSIVE SEXUAL CONTACT.—Section 2244(a) of 

2 title 18, United States Code, is amended— 

3 (1) in paragraph (2), by striking ‘‘, imprisoned 

4 not more than three years, or both’’ and inserting 

5 ‘‘and imprisoned not less than 5 years nor more 

6 than 30 years’’; 

7 (2) in paragraph (3), by striking ‘‘, imprisoned 

8 not more than two years, or both’’ and inserting 

9 ‘‘and imprisoned not less than 4 years nor more 

10 than 20 years’’; and 

11 (3) in paragraph (4), by striking ‘‘, imprisoned 

12 not more than six months, or both’’ and inserting 

13 ‘‘and imprisoned not less than 2 years nor more 

14 than 10 years’’. 

15 SEC. 7. SEX OFFENDER SUBMISSION TO SEARCH AS CONDI16 TION OF RELEASE. 

17 (a) CONDITIONS OF PROBATION.—Section 3563(a) of 

18 title 18, United States Code, is amended—— 

19 (1) in paragraph (8), by striking ‘‘and’’ at the 

20 end; 

21 (2) in paragraph (9), by striking the period and 

22 inserting ‘‘; and’’; and 

23 (3) by inserting after paragraph (9) the fol24 lowing: 
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1 ‘‘(10) for a person who is a felon or required 

2 to register under the Sex Offender Registration and 

3 Notification Act, that the person submit his person, 

4 and any property, house, residence, vehicle, papers, 

5 computer, other electronic communication or data 

6 storage devices or media, and effects to search at 

7 any time, with or without a warrant, by any law en8 forcement or probation officer with reasonable sus9 picion concerning a violation of a condition of proba10 tion or unlawful conduct by the person, and by any 

11 probation officer in the lawful discharge of the offi12 cer’s supervision functions.’’. 

13 (b) SUPERVISED RELEASE.—Section 3583(d) of title 

14 18, United States Code, is amended by inserting after 

15 ‘‘1994).’’ the following: ‘‘The court shall order, as an ex16 plicit condition of supervised release for a person who is 

17 a felon or required to register under the Sex Offender Reg18 istration and Notification Act, that the person submit his 

19 person, and any property, house, residence, vehicle, pa20 pers, computer, other electronic communications or data 

21 storage devices or media, and effects to search at any 

22 time, with or without a warrant, by any law enforcement 

23 or probation officer with reasonable suspicion concerning 

24 a violation of a condition of supervised release or unlawful 
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1 conduct by the person, and by any probation officer in 

2 the lawful discharge of the officer’s supervision functions.’’ 

3 SEC. 8. KIDNAPPING PENALTIES AND JURISDICTION. 

4 Section 1201 of title 18, United States Code, is 

5 amended— 

6 (1) in subsection (a)(1), by striking ‘‘if the per7 son was alive when the transportation began’’ and 

8 inserting ‘‘, or the offender travels in interstate or 

9 foreign commerce or uses the mail or any means, fa10 cility, or instrumentality of interstate or foreign 

11 commerce in committing or in furtherance of the 

12 commission of the offense’’; and 

13 (2) in subsection (b), by striking ‘‘to interstate’’ 

14 and inserting ‘‘in interstate’’. 

15 SEC. 9. MARITAL COMMUNICATION AND ADVERSE SPOUSAL 

16 PRIVILEGE. 

17 (a) IN GENERAL.—Chapter 119 of title 28, United 

18 States Code, is amended by inserting after section 1826 

19 the following: 

20 ‘‘§ 1826A. Marital communications and adverse spous21 al privilege 

22 ‘‘The confidential marital communication privilege 

23 and the adverse spousal privilege shall be inapplicable in 

24 any Federal proceeding in which a spouse is charged with 

25 a crime against— 
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1 ‘‘(1) a child of either spouse; or 

2 ‘‘(2) a child under the custody or control of ei3 ther spouse.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

5 The table of sections for chapter 119 of title 28, United 

6 States Code, is amended by inserting after the item relat7 ing to section 1826 the following: 

‘‘1826A. Marital communications and adverse spousal privilege.’’. 

8 SEC. 10. ABUSE AND NEGLECT OF INDIAN CHILDREN. 

9 Section 1153(a) of title 18, United States Code, is 

10 amended by inserting ‘‘felony child abuse or neglect,’’ 

11 after ‘‘years,’’. 

12 SEC. 11. CIVIL COMMITMENT. 

13 Chapter 313 of title 18, United States Code, is 

14 amended— 

15 (1) in the chapter analysis— 

16 (A) in the item relating to section 4241, by 

17 inserting ‘‘or to undergo postrelease pro18 ceedings’’ after ‘‘trial’’; and 

19 (B) by inserting at the end the following: 

‘‘4248. Civil commitment of a sexually dangerous person.’’; 

20 (2) in section 4241— 

21 (A) in the heading, by inserting ‘‘OR TO

22 UNDERGO POSTRELEASE PROCEEDINGS’’ 

23 after ‘‘TRIAL’’; 
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1 (B) in the first sentence of subsection (a), 

2 by inserting ‘‘or at any time after the com3 mencement of probation or supervised release 

4 and prior to the completion of the sentence,’’ 

5 after ‘‘defendant,’’; 

6 (C) in subsection (d)— 

7 (i) by striking ‘‘trial to proceed’’ each 

8 place it appears and inserting ‘‘proceedings 

9 to go forward’’; and 

10 (ii) by striking ‘‘section 4246’’ and in11 serting ‘‘sections 4246 and 4248’’; and 

12 (D) in subsection (e)— 

13 (i) by inserting ‘‘or other proceedings’’ 

14 after ‘‘trial’’; and 

15 (ii) by striking ‘‘chapter 207’’ and in16 serting ‘‘chapters 207 and 227’’; 

17 (3) in section 4247— 

18 (A) by striking ‘‘, or 4246’’ each place it 

19 appears and inserting ‘‘, 4246, or 4248’’; 

20 (B) in subsections (g) and (i), by striking 

21 ‘‘4243 or 4246’’ each place it appears and in22 serting ‘‘4243, 4246, or 4248’’; 

23 (C) in subsection (a)— 

24 (i) by amending subparagraph (1)(C) 

25 to read as follows: 
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1 ‘‘(C) drug, alcohol, and sex offender treatment pro2 grams, and other treatment programs that will assist the 

3 individual in overcoming a psychological or physical de4 pendence or any condition that makes the individual dan5 gerous to others; and’’; 

6 (ii) in paragraph (2), by striking 

7 ‘‘and’’ at the end; 

8 (iii) in paragraph (3), by striking the 

9 period at the end and inserting ‘‘; and’’; 

10 and 

11 (iv) by inserting at the end the fol12 lowing: 

13 ‘‘(4) ‘bodily injury’ includes sexual abuse; 

14 ‘‘(5) ‘sexually dangerous person’ means a per15 son who has engaged or attempted to engage in sex16 ually violent conduct or child molestation and who is 

17 sexually dangerous to others; and 

18 ‘‘(6) ‘sexually dangerous to others’ means that 

19 a person suffers from a serious mental illness, ab20 normality, or disorder as a result of which he would 

21 have serious difficulty in refraining from sexually 

22 violent conduct or child molestation if released.’’; 

23 (D) in subsection (b), by striking ‘‘4245 or 

24 4246’’ and inserting ‘‘4245, 4246, or 4248’’; 

25 and 
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1 (E) in subsection (c)(4)— 

2 (i) by redesignating subparagraphs 

3 (D) and (E) as subparagraphs (E) and (F) 

4 respectively; and 

5 (ii) by inserting after subparagraph 

6 (C) the following: 

7 ‘‘(D) if the examination is ordered under 

8 section 4248, whether the person is a sexually 

9 dangerous person;’’; and 

10 (4) by inserting at the end the following: 

11 ‘‘§ 4248. Civil commitment of a sexually dangerous 

12 person 

13 ‘‘(a) INSTITUTION OF PROCEEDINGS.—In relation to 

14 a person who is in the custody of the Bureau of Prisons, 

15 or who has been committed to the custody of the Attorney 

16 General pursuant to section 4241(d), or against whom all 

17 criminal charges have been dismissed solely for reasons 

18 relating to the mental condition of the person, the Attor19 ney General or any individual authorized by the Attorney 

20 General or the Director of the Bureau of Prisons may cer21 tify that the person is a sexually dangerous person, and 

22 transmit the certificate to the clerk of the court for the 

23 district in which the person is confined. The clerk shall 

24 send a copy of the certificate to the person, and to the 

25 attorney for the Government, and, if the person was com-
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1 mitted pursuant to section 4241(d), to the clerk of the 

2 court that ordered the commitment. The court shall order 

3 a hearing to determine whether the person is a sexually 

4 dangerous person. A certificate filed under this subsection 

5 shall stay the release of the person pending completion of 

6 procedures contained in this section. 

7 ‘‘(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINA8 TION AND REPORT.—Prior to the date of the hearing, the 

9 court may order that a psychiatric or psychological exam10 ination of the defendant be conducted, and that a psy11 chiatric or psychological report be filed with the court, 

12 pursuant to the provisions of section 4247(b) and (c). 

13 ‘‘(c) HEARING.—The hearing shall be conducted pur14 suant to the provisions of section 4247(d). 

15 ‘‘(d) DETERMINATION AND DISPOSITION.—If, after 

16 the hearing, the court finds by clear and convincing evi17 dence that the person is a sexually dangerous person, the 

18 court shall commit the person to the custody of the Attor19 ney General. The Attorney General shall release the per20 son to the appropriate official of the State in which the 

21 person is domiciled or was tried if such State will assume 

22 responsibility for his custody, care, and treatment. The 

23 Attorney General shall make all reasonable efforts to 

24 cause such a State to assume such responsibility. If, not25 withstanding such efforts, neither such State will assume 
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1 such responsibility, the Attorney General shall place the 

2 person for treatment in a suitable facility, until— 

3 ‘‘(1) such a State will assume such responsi4 bility; or 

5 ‘‘(2) the person’s condition is such that he is no 

6 longer sexually dangerous to others, or will not be 

7 sexually dangerous to others if released under a pre8 scribed regimen of medical, psychiatric, or psycho9 logical care or treatment; 

10 whichever is earlier. The Attorney General shall make all 

11 reasonable efforts to have a State to assume such respon12 sibility for the person’s custody, care, and treatment. 

13 ‘‘(e) DISCHARGE.—When the Director of the facility 

14 in which a person is placed pursuant to subsection (d) de15 termines that the person’s condition is such that he is no 

16 longer sexually dangerous to others, or will not be sexually 

17 dangerous to others if released under a prescribed regimen 

18 of medical, psychiatric, or psychological care or treatment, 

19 he shall promptly file a certificate to that effect with the 

20 clerk of the court that ordered the commitment. The clerk 

21 shall send a copy of the certificate to the person’s counsel 

22 and to the attorney for the Government. The court shall 

23 order the discharge of the person or, on motion of the at24 torney for the Government or on its own motion, shall hold 

25 a hearing, conducted pursuant to the provisions of section 
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1 4247(d), to determine whether he should be released. If, 

2 after the hearing, the court finds by a preponderance of 

3 the evidence that the person’s condition is such that— 

4 ‘‘(1) he will not be sexually dangerous to others 

5 if released unconditionally, the court shall order that 

6 he be immediately discharged; or 

7 ‘‘(2) he will not be sexually dangerous to others 

8 if released under a prescribed regimen of medical, 

9 psychiatric, or psychological care or treatment, the 

10 court shall— 

11 ‘‘(A) order that he be conditionally dis12 charged under a prescribed regimen of medical, 

13 psychiatric, or psychological care or treatment 

14 that has been prepared for him, that has been 

15 certified to the court as appropriate by the Di16 rector of the facility in which he is committed, 

17 and that has been found by the court to be ap18 propriate; and 

19 ‘‘(B) order, as an explicit condition of re20 lease, that he comply with the prescribed regi21 men of medical, psychiatric, or psychological 

22 care or treatment. 

23 The court at any time may, after a hearing employ24 ing the same criteria, modify or eliminate the regi-
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1 men of medical, psychiatric, or psychological care or 

2 treatment. 

3 ‘‘(f) REVOCATION OF CONDITIONAL DISCHARGE.— 

4 The director of a facility responsible for administering a 

5 regimen imposed on a person conditionally discharged 

6 under subsection (e) shall notify the Attorney General and 

7 the court having jurisdiction over the person of any failure 

8 of the person to comply with the regimen. Upon such no9 tice, or upon other probable cause to believe that the per10 son has failed to comply with the prescribed regimen of 

11 medical, psychiatric, or psychological care or treatment, 

12 the person may be arrested, and, upon arrest, shall be 

13 taken without unnecessary delay before the court having 

14 jurisdiction over him. The court shall, after a hearing, de15 termine whether the person should be remanded to a suit16 able facility on the ground that he is sexually dangerous 

17 to others in light of his failure to comply with the pre18 scribed regimen of medical, psychiatric, or psychological 

19 care or treatment. 

20 ‘‘(g) RELEASE TO STATE OF CERTAIN OTHER PER21 SONS.—If the director of the facility in which a person 

22 is hospitalized or placed pursuant to this chapter certifies 

23 to the Attorney General that a person, against him all 

24 charges have been dismissed for reasons not related to the 

25 mental condition of the person, is a sexually dangerous 
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1 person, the Attorney General shall release the person to 

2 the appropriate official of the State in which the person 

3 is domiciled or was tried for the purpose of institution of 

4 State proceedings for civil commitment. If neither such 

5 State will assume such responsibility, the Attorney Gen6 eral shall release the person upon receipt of notice from 

7 the State that it will not assume such responsibility, but 

8 not later than 10 days after certification by the director 

9 of the facility.’’. 

10 SEC. 12. MANDATORY PENALTIES FOR SEX-TRAFFICKING 

11 OF CHILDREN. 

12 Section 1591(b) of title 18, United States Code, is 

13 amended— 

14 (1) in paragraph (1)— 

15 (A) by striking ‘‘or imprisonment’’ and in16 serting ‘‘and imprisonment’’; 

17 (B) by inserting ‘‘not less than 20’’ after 

18 ‘‘any term of years’’; and 

19 (C) by striking ‘‘, or both’’; and 

20 (2) in paragraph (2)— 

21 (A) by striking ‘‘or imprisonment for not’’ 

22 and inserting ‘‘and imprisonment for not less 

23 than 10 years nor’’; and 

24 (B) by striking ‘‘, or both’’. 
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1 SEC. 13. SEXUAL ABUSE OF WARDS. 

2 Chapter 109A of title 18, United States Code, is 

3 amended— 

4 (1) in section 2243(b), by striking ‘‘one year’’ 

5 and inserting ‘‘five years’’; 

6 (2) in section 2244(a)(4), by striking ‘‘six 

7 months’’ and inserting ‘‘two years’’; 

8 (3) in section 2244(b), by striking ‘‘six months’’ 

9 and inserting ‘‘two years’’; and 

10 (4) by inserting after ‘‘Federal prison,’’ each 

11 place it appears , other than the second sentence of 

12 section 2241(c), the following: ‘‘, or being in the cus13 tody of the Attorney General or the Bureau of Pris14 ons or confined in any institution or facility by di15 rection of the Attorney General or the Bureau of 

16 Prisons,’’. 

Æ