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(1) in subsection (a)(1), by striking ‘‘if the per-
son was alive when the transportation began’’ and in-
serting ‘‘, or the offender travels in interstate or for-
eign commerce or uses the mail or any means, facil-
ity, or instrumentality of interstate or foreign com-
merce in committing or in furtherance of the commis-
sion of the offense’’; and
(2) in subsection (b), by striking ‘‘to interstate’’
and inserting ‘‘in interstate’’.
SEC. 214. MARITAL COMMUNICATION AND ADVERSE SPOUS-
AL PRIVILEGE.
The Committee on Rules, Practice, Procedure, and
Evidence of the Judicial Conference of the United States
shall study the necessity and desirability of amending the
Federal Rules of Evidence to provide that the confidential
marital communications 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.
SEC. 215. 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,’’.
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SEC. 216. IMPROVEMENTS TO THE BAIL REFORM ACT TO
ADDRESS SEX CRIMES AND OTHER MATTERS.
Section 3142 of title 18, United States Code, is
amended—
(1) in subsection (c)(1)(B), by inserting at the
end the following: ‘‘In any case that involves a minor
victim under section 1201, 1591, 2241, 2242,
2244(a)(1), 
2245, 
2251, 
2251A, 
2252(a)(1),
2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2),
2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or
2425 of this title, or a failure to register offense under
section 2250 of this title, any release order shall con-
tain, at a minimum, a condition of electronic moni-
toring and each of the conditions specified at sub-
paragraphs (iv), (v), (vi), (vii), and (viii).’’
(2) in subsection (f)(1)—
(A) in subparagraph (C), by striking ‘‘or’’
at the end; and
(B) by adding at the end the following:
‘‘(E) any felony that is not otherwise a
crime of violence that involves a minor victim or
that involves the possession or use of a firearm
or destructive device (as those terms are defined
in section 921), or any other dangerous weapon,
or involves a failure to register under section
2250 of title 18, United States Code; or’’; and
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(3) in subsection (g), by striking paragraph (1)
and inserting the following:
‘‘(1) the nature and circumstances of the offense
charged, including whether the offense is a crime of
violence, a Federal crime of terrorism, or involves a
minor victim or a controlled substance, firearm, ex-
plosive, or destructive device;’’.
TITLE III—CIVIL COMMITMENT
OF DANGEROUS SEX OFFEND-
ERS
SEC. 301. JIMMY RYCE STATE CIVIL COMMITMENT PRO-
GRAMS FOR SEXUALLY DANGEROUS PER-
SONS.
(a) GRANTS AUTHORIZED.—Except as provided in
subsection (b), 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) LIMITATION.—The Attorney General shall not
make any grant under this section for the purpose of estab-
lishing, enhancing, or operating any transitional housing
for a sexually dangerous person in or near a location where
minors or other vulnerable persons are likely to come into
contact with that person.
(c) ELIGIBILITY.—
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(1) IN
GENERAL.—To be eligible to receive a
grant under this section, a jurisdiction shall, 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 pe-
riod 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 ap-
plies to a jurisdiction if the Attorney General con-
siders such an extension to be appropriate.
(3) RELEASE NOTICE.—
(A) Each civil commitment program for
which funding is required under this section
shall require the issuance of timely notice to a
State official responsible for considering whether
to pursue civil commitment proceedings upon the
impending release of any person incarcerated by
the State who—
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(i) has been convicted of a sexually vio-
lent offense; or
(ii) has been deemed by the State to be
at high risk for recommitting any sexual of-
fense against a minor.
(B) The program shall further require that
upon receiving notice under subparagraph (A),
the State official shall consider whether or not to
pursue a civil commitment proceeding, or any
equivalent proceeding required under State law.
(d) 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.
(e) DEFINITIONS.—As used in this section:
(1) The term ‘‘civil commitment program’’
means a program that involves—
(A) secure civil confinement, including ap-
propriate control, care, and treatment during
such confinement; and
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(B) appropriate supervision, care, and
treatment for individuals released following such
confinement.
(2) The term ‘‘sexually dangerous person’’ means
a person suffering from a serious mental illness, ab-
normality, or disorder, as a result of which the indi-
vidual would have serious difficulty in refraining
from sexually violent conduct or child molestation.
(3) The term ‘‘jurisdiction’’ has the meaning
given such term in section 111.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
$10,000,000 for each of fiscal years 2007 through 2010.
SEC. 302. JIMMY RYCE CIVIL COMMITMENT PROGRAM.
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’’;
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(B) in the first sentence of subsection (a),
by inserting ‘‘or at any time after the commence-
ment 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 in-
serting ‘‘sections 4246 and 4248’’; and
(D) in subsection (e)—
(i) by inserting ‘‘or other proceedings’’
after ‘‘trial’’; and
(ii) by striking ‘‘chapter 207’’ and in-
serting ‘‘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 insert-
ing ‘‘4243, 4246, or 4248’’;
(C) in subsection (a)—
(i) by amending subparagraph (1)(C)
to read as follows:
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‘‘(C) drug, alcohol, and sex offender treat-
ment programs, and other treatment programs
that will assist the individual in overcoming a
psychological or physical dependence or any con-
dition 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 fol-
lowing:
‘‘(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 sexu-
ally dangerous to others; and
‘‘(6) ‘sexually dangerous to others’ with respect a
person, means that the 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.’’;
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(D) in subsection (b), by striking ‘‘4245 or
4246’’ and inserting ‘‘4245, 4246, or 4248’’;
(E) in subsection (c)(4)—
(i) by redesignating subparagraphs (D)
and (E) as subparagraphs (E) and (F) re-
spectively; 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
(F) in subsections (e) and (h)—
(i) by striking ‘‘hospitalized’’ each
place it appears and inserting ‘‘committed’’;
and
(ii) by striking ‘‘hospitalization’’ each
place it appears and inserting ‘‘commit-
ment’’ ; and
(4) by inserting at the end the following:
‘‘§ 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
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criminal charges have been dismissed solely for reasons re-
lating to the mental condition of the person, the Attorney
General or any individual authorized by the Attorney Gen-
eral or the Director of the Bureau of Prisons may certify
that the person is a sexually dangerous person, and trans-
mit 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 certifi-
cate 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 pursu-
ant to the provisions of section 4247(d).
‘‘(d) DETERMINATION AND DISPOSITION.—If, after the
hearing, the court finds by clear and convincing evidence
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that the person is a sexually dangerous person, the court
shall commit the person to the custody of the Attorney Gen-
eral. The Attorney General shall release the person to the
appropriate official of the State in which the person is dom-
iciled 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 At-
torney General shall place the person for treatment in a
suitable facility, until—
‘‘(1) such a State will assume such responsi-
bility; or
‘‘(2) the person’s condition is such that he is no
longer sexually dangerous to others, or will not be sex-
ually dangerous to others if released under a pre-
scribed regimen of medical, psychiatric, or psycho-
logical care or treatment;
whichever is earlier.
‘‘(e) DISCHARGE.—When the Director of the facility in
which a person is placed pursuant to subsection (d) deter-
mines 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,
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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 attor-
ney 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 evi-
dence 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 dis-
charged 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 Di-
rector of the facility in which he is committed,
and that has been found by the court to be ap-
propriate; and
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‘‘(B) order, as an explicit condition of re-
lease, that he comply with the prescribed regimen
of medical, psychiatric, or psychological care or
treatment.
The court at any time may, after a hearing employ-
ing the same criteria, modify or eliminate the regi-
men of medical, psychiatric, or psychological care or
treatment.
‘‘(f) REVOCATION OF CONDITIONAL DISCHARGE.—The
director of a facility responsible for administering a regi-
men 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 med-
ical, psychiatric, or psychological care or treatment.
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‘‘(g) RELEASE TO STATE OF CERTAIN OTHER PER-
SONS.—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 whom all
charges have been dismissed for reasons not related to the
mental condition of the person, is a sexually dangerous per-
son, the Attorney General shall release the person to the ap-
propriate official of the State in which the person is domi-
ciled 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 re-
lease 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.’’.
TITLE 
IV—IMMIGRATION 
LAW
REFORMS TO PREVENT SEX
OFFENDERS FROM ABUSING
CHILDREN
SEC. 401. FAILURE TO REGISTER A DEPORTABLE OFFENSE.
Section 237(a)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1227(a)(2)(A)) is amended—
(1) by redesignating clause (v) as clause (vi);
and
(2) by inserting after clause (iv) the following
new clause:
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‘‘(v) FAILURE TO REGISTER AS A SEX
OFFENDER.—Any alien who is convicted
under section 2250 of title 18, United States
Code, is deportable.’’.
SEC. 402. BARRING CONVICTED SEX OFFENDERS FROM
HAVING 
FAMILY-BASED 
PETITIONS 
AP-
PROVED.
(a) IMMIGRANT FAMILY MEMBERS.—Section 204(a)(1)
of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)), is amended—
(1) in subparagraph (A)(i), by striking ‘‘Any’’
and inserting ‘‘Except as provided in clause (viii),
any’’;
(2) in subparagraph (A), by inserting after
clause (vii) the following:
‘‘(viii)(I) Clause (i) shall not apply to
a citizen of the United States who has been
convicted of a specified offense against a
minor, unless the Secretary of Homeland
Security, in the Secretary’s sole and
unreviewable discretion, determines that the
citizen poses no risk to the alien with re-
spect to whom a petition described in clause
(i) is filed.
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‘‘(II) For purposes of subclause (I), the
term ‘specified offense against a minor’ is
defined as in section 111 of the Adam
Walsh Child Protection and Safety Act of
2006.’’; and
(3) in subparagraph (B)(i)—
(A) by striking ‘‘(B)(i) Any alien’’ and in-
serting the following: ‘‘(B)(i)(I) Except as pro-
vided in subclause (II), any alien’’; and
(B) by adding at the end the following:
‘‘(I) Subclause (I) shall not apply
in the case of an alien lawfully admit-
ted for permanent residence who has
been convicted of a specified offense
against a minor (as defined in sub-
paragraph (A)(viii)(II)), unless the
Secretary of Homeland Security, in the
Secretary’s sole and unreviewable dis-
cretion, determines that such person
poses no risk to the alien with respect
to whom a petition described in sub-
clause (I) is filed.’’.
(b) 
NONIMMIGRANTS.—Section 
101(a)(15)(K) 
(8
U.S.C. 1101(a)(15)(K)), is amended by inserting ‘‘(other
than a citizen described in section 204(a)(1)(A)(viii)(I))’’
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after ‘‘citizen of the United States’’ each place that phrase
appears.
TITLE V—CHILD PORNOGRAPHY
PREVENTION
SEC. 501. FINDINGS.
Congress makes the following findings:
(1) The effect of the intrastate production, trans-
portation, distribution, receipt, advertising, and pos-
session of child pornography on the 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 pro-
duction 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 soci-
ety as a whole.
(B) A substantial interstate market in child
pornography exists, including not only a multi-
million dollar industry, but also a nationwide
network of individuals openly advertising their
desire to exploit children and to traffic in child
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pornography. Many of these individuals dis-
tribute child pornography with the expectation of
receiving other child pornography in return.
(C) The interstate market in child pornog-
raphy 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 cam-
eras and digital video cameras, as well as video-
tape cameras, has greatly increased the ease of
producing child pornography. The advent of in-
expensive 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 unfor-
tunate 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 produc-
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tion of child pornography, have a substantial
and direct effect upon interstate commerce be-
cause:
(i) Some persons engaged in the pro-
duction, transportation, distribution, re-
ceipt, 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 pornog-
raphy in search of additional child pornog-
raphy, thereby stimulating demand in the
interstate market in child pornography.
(ii) When the persons described in sub-
paragraph (D)(i) enter the interstate mar-
ket in search of additional child pornog-
raphy, they are likely to distribute the child
pornography they already produce, trans-
port, distribute, receive, advertise, or possess
to persons who will distribute additional
child pornography to them, thereby stimu-
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lating 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 surrep-
titiously. This child pornography supports
demand in the interstate market in child
pornography and is essential to its exist-
ence.
(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 activi-
ties to cease all such activities, thereby reducing
both supply and demand in the interstate market
for child pornography.
(F) Federal control of the intrastate inci-
dents of the production, transportation, distribu-
tion, receipt, advertising, and possession of child
pornography, as well as the intrastate transfer of
children for the production of child pornography,
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is essential to the effective control of the inter-
state 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 re-
lated 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 dis-
tributed to, or copied by, child pornography de-
fendants or their attorneys.
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(F) It is imperative to prohibit the repro-
duction of child pornography in criminal cases
so as to avoid repeated violation and abuse of
victims, so long as the government makes reason-
able accommodations for the inspection, viewing,
and examination of such material for the pur-
poses of mounting a criminal defense.
SEC. 502. OTHER RECORD KEEPING REQUIREMENTS.
(a) IN GENERAL.—Section 2257 of title 18, United
States Code, is amended—
(1) in subsection (a), by inserting after ‘‘video-
tape,’’ the following: ‘‘digital image, digitally- or
computer-manipulated image of an actual human
being, picture,’’;
(2) in subsection (e)(1), by adding at the end the
following: ‘‘In this paragraph, the term ‘copy’ in-
cludes every page of a website on which matter de-
scribed in subsection (a) appears.’’;
(3) in subsection (f), by—
(A) in paragraph (3), by striking ‘‘and’’
after the semicolon;
(B) in paragraph (4), by striking the period
and inserting ‘‘; and’’; and
(C) by adding at the end the following:
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‘‘(5) for any person to whom subsection (a) ap-
plies to refuse to permit the Attorney General or his
or her designee to conduct an inspection under sub-
section (c).’’; and
(4) by striking subsection (h) and inserting the
following:
‘‘(h) In this section—
‘‘(1) the term ‘actual sexually explicit conduct’
means actual but not simulated conduct as defined in
clauses (i) through (v) of section 2256(2)(A) of this
title;
‘‘(2) the term ‘produces’—
‘‘(A) means—
‘‘(i) 
actually 
filming, 
videotaping,
photographing, creating a picture, digital
image, or digitally- or computer-manipu-
lated image of an actual human being;
‘‘(ii) digitizing an image, of a visual
depiction of sexually explicit conduct; or,
assembling, manufacturing, publishing, du-
plicating, reproducing, or reissuing a book,
magazine, periodical, film, videotape, dig-
ital image, or picture, or other matter in-
tended for commercial distribution, that