•H.R. 4472 EH 
SEC. 202. STOPPING VIOLENT PREDATORS AGAINST CHIL-
DREN. 
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. 203. MODEL CODE ON INVESTIGATING MISSING PER-
SONS AND DEATHS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that each State should, not later than 1 year after 
the date on which the Attorney General published the 
model code, enact laws implementing the model code. 
(b) GAO STUDY.—Not later than 2 years after the 
date on which the Attorney General published 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.
•H.R. 4472 EH 
TITLE III—PREVENTION AND DE-
TERRENCE 
OF 
CRIMES 
AGAINST CHILDREN 
SEC. 301. 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 IMPRISON-
MENT
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 min-
imum 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, ag-
gravated sexual abuse, sexual abuse, or maiming, be 
imprisoned for life or any term of years not less 
than 30; and 
‘‘(3) if the crime of violence results in serious 
bodily injury (as defined in section 2119), be impris-
•H.R. 4472 EH 
oned for life or for any term of years not less than 
20.’’. 
SEC. 302. KENNETH WREDE FAIR AND EXPEDITIOUS HA-
BEAS REVIEW OF STATE CRIMINAL CONVIC-
TIONS. 
(a) SECTION 2264.—Section 2264 of title 28, United 
States Code, is amended by redesignating subsection (b) 
as subsection (c) and inserting after subsection (a) the fol-
lowing: 
‘‘(b) The court shall not have jurisdiction to consider 
an application with respect to an error relating to the ap-
plicant’s sentence or sentencing that has been found to 
be harmless or not prejudicial in State court proceedings, 
that was not presented in State court proceedings, or that 
was found by a State court to be procedurally barred, un-
less a determination that the error is not structural is con-
trary to clearly established Federal law, as determined by 
the Supreme Court of the United States.’’. 
(b) SECTION 2254.—Section 2254 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(j) The court, Justice, or judge entertaining the ap-
plication shall not have jurisdiction to consider an applica-
tion with respect to an error relating to the applicant’s 
sentence or sentencing that has been found to be harmless
•H.R. 4472 EH 
or not prejudicial in State court proceedings, that was not 
presented in State court proceedings, or that was found 
by a State court to be procedurally barred, unless a deter-
mination that the error is not structural is contrary to 
clearly established Federal law, as determined by the Su-
preme Court of the United States.’’. 
(c) APPLICATION.—The amendments made by this 
section apply to cases pending on or after the date of the 
enactment of this Act. 
SEC. 303. RIGHTS ASSOCIATED WITH HABEAS CORPUS PRO-
CEEDINGS. 
Section 3771(b) of title 18, United States Code, is 
amended—
(1) by striking ‘‘In any court proceeding’’ and 
inserting the following: 
‘‘(1) IN GENERAL.—In any court proceeding’’; 
and 
(2) by adding at the end the following: 
‘‘(2) HABEAS CORPUS PROCEEDINGS.—
‘‘(A) IN GENERAL.—In a Federal habeas 
corpus proceeding arising out of a State convic-
tion, the court shall ensure that a crime victim 
is afforded the rights described in paragraphs 
(3), (4), (7), and (8) of subsection (a). 
‘‘(B) ENFORCEMENT.—
•H.R. 4472 EH 
‘‘(I) IN GENERAL.—These rights may 
be enforced by the crime victim or the 
crime victim’s lawful representative in the 
manner described in paragraphs (1) and 
(3) of subsection (d). 
‘‘(ii) MULTIPLE VICTIMS.—In a case 
involving 
multiple 
victims, 
subsection 
(d)(2) shall also apply. 
‘‘(C) LIMITATION.—This paragraph relates 
to the duties of a court in relation to the rights 
of a crime victim in Federal habeas corpus pro-
ceedings arising out of a State conviction, and 
does not give rise to any obligation or require-
ment applicable to personnel of any agency of 
the Executive Branch of the Federal Govern-
ment. 
‘‘(D) DEFINITION.—For purposes of this 
paragraph, the term ‘crime victim’ means the 
person against whom the State offense is com-
mitted or, if that person is killed or incapaci-
tated, that person’s family member or other 
lawful representative.’’.
•H.R. 4472 EH 
SEC. 304. STUDY OF INTERSTATE TRACKING OF PERSONS 
CONVICTED OF OR UNDER INVESTIGATION 
FOR CHILD ABUSE. 
(a) STUDY.—The Attorney General 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 Attorney General shall 
report to the Congress the results of the study under this 
section. 
TITLE 
IV—PROTECTION 
AGAINST 
SEXUAL 
EXPLOI-
TATION OF CHILDREN 
SEC. 401. INCREASED PENALTIES FOR SEXUAL OFFENSES 
AGAINST CHILDREN. 
(a) SEXUAL ABUSE AND CONTACT.—
(1) AGGRAVATED
SEXUAL
ABUSE
OF
CHIL-
DREN.—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.’’.
•H.R. 4472 EH 
(2) ABUSIVE
SEXUAL
CONTACT
WITH
CHIL-
DREN.—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 any term 
of years or for life.’’; and 
(B) in subsection (c), by inserting ‘‘(other 
than subsection (a)(5))’’ after ‘‘violates this sec-
tion’’. 
(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’’;
•H.R. 4472 EH 
(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 con-
duct 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 inserting ‘‘section 1591,’’ after 
‘‘this chapter,’’ the first place it appears; 
(B) by striking ‘‘the sexual exploitation of 
children’’ the first place it appears and insert-
ing ‘‘aggravated sexual abuse, sexual abuse, 
abusive sexual contact involving a minor or 
ward, or sex trafficking of children, or the pro-
•H.R. 4472 EH 
duction, possession, receipt, mailing, sale, dis-
tribution, shipment, or transportation of child 
pornography’’; and 
(C) by striking ‘‘any term of years or for 
life’’ and inserting ‘‘not less than 30 years or 
for life’’. 
(2) ACTIVITIES
RELATING
TO
MATERIAL
IN-
VOLVING
THE
SEXUAL
EXPLOITATION
OF
CHIL-
DREN.—Section 2252(b) of title 18, United States 
Code, is amended in paragraph (1)—
(A) by striking ‘‘paragraphs (1)’’ and in-
serting ‘‘paragraph (1)’’; 
(B) by inserting ‘‘section 1591,’’ after 
‘‘this chapter,’’; and 
(C) by inserting ‘‘, or sex trafficking of 
children’’ after ‘‘pornography’’. 
(3) ACTIVITIES RELATING TO MATERIAL CON-
STITUTING OR CONTAINING CHILD PORNOGRAPHY.—
Section 2252A(b) of title 18, United States Code, is 
amended in paragraph (1)—
(A) by inserting ‘‘section 1591,’’ after 
‘‘this chapter,’’; and 
(B) by inserting ‘‘, or sex trafficking of 
children’’ after ‘‘pornography’’.
•H.R. 4472 EH 
(4) USING MISLEADING DOMAIN NAMES TO DI-
RECT CHILDREN TO HARMFUL MATERIAL ON THE 
INTERNET.—Section 2252B(b) of title 18, United 
States Code, is amended by striking ‘‘4’’ and insert-
ing ‘‘20’’. 
(5) EXTRATERRITORIAL CHILD PORNOGRAPHY 
OFFENSES.—Section 2260(c) of title 18, United 
States Code, is amended to read as follows: 
‘‘(c) PENALTIES.—
‘‘(1) A person who violates subsection (a), or 
attempts or conspires to do so, shall be subject to 
the penalties provided in subsection (e) of section 
2251 for a violation of that section, including the 
penalties provided for such a violation by a person 
with a prior conviction or convictions as described in 
that subsection. 
‘‘(2) A person who violates subsection (b), or 
attempts or conspires to do so, shall be subject to 
the penalties provided in subsection (b)(1) of section 
2252 for a violation of paragraph (1), (2), or (3) of 
subsection (a) of that section, including the penalties 
provided for such a violation by a person with a 
prior conviction or convictions as described in sub-
section (b)(1) of section 2252.’’.
•H.R. 4472 EH 
(c) MANDATORY LIFE IMPRISONMENT FOR CERTAIN 
REPEATED SEX OFFENSES AGAINST CHILDREN.—Sec-
tion 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 facili-
ties to transmit information about a minor)’’ after 
‘‘minors)’’. 
SEC. 402. SENSE OF CONGRESS WITH RESPECT TO PROS-
ECUTIONS 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 indi-
vidual posing as a minor, who unbeknownst to him, 
was an undercover law enforcement officer;
•H.R. 4472 EH 
(3) notwithstanding, Dean Whipple, District 
Judge for the Western District of Missouri, acquit-
ted 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 en-
forcement 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 Con-
gress that—
(1) it is a crime under section 2422(b) of title 
18, United States Code, to use a facility of inter-
state commerce to attempt to entice an individual 
who has not attained the age of 18 years into unlaw-
•H.R. 4472 EH 
ful 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 un-
lawful sexual activity, even if the perpetrator incor-
rectly 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. 
SEC. 403. GRANTS FOR CHILD SEXUAL ABUSE PREVENTION 
PROGRAMS. 
(a) IN GENERAL.—The Attorney General shall make 
grants to States, units of local government, Indian tribes, 
and nonprofit organizations for purposes of establishing 
and maintaining programs with respect to the prevention 
of sexual offenses committed against minors.
•H.R. 4472 EH 
(b) STATE DEFINED.—For purposes of this section, 
the term ‘‘State’’ means any State of the United States, 
the District of Columbia, the Commonwealth of Puerto 
Rico, the Virgin Islands, American Samoa, Guam, and the 
Northern Mariana Islands. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $10,000,000 for each 
of fiscal years 2007 through 2011 to carry out this sec-
tion. 
TITLE V—FOSTER CHILD PRO-
TECTION AND CHILD SEXUAL 
PREDATOR DETERRENCE 
SEC. 501. 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; SUS-
PENSION AND SUBSEQUENT ELIMINATION OF 
OPT-OUT. 
(a) REQUIREMENT
TO
COMPLETE
BACKGROUND 
CHECKS BEFORE APPROVAL OF ANY FOSTER OR ADOP-
TIVE PLACEMENT AND TO CHECK NATIONAL CRIME IN-
FORMATION DATABASES AND STATE CHILD ABUSE REG-
ISTRIES; SUSPENSION OF OPT-OUT.—
•H.R. 4472 EH 
(1) REQUIREMENT TO CHECK NATIONAL CRIME 
INFORMATION DATABASES AND STATE CHILD ABUSE 
REGISTRIES.—Section 471(a)(20) of the Social Se-
curity 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 fin-
gerprint-based 
checks 
of 
national 
crime information databases (as de-
fined 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 pay-
ments or adoption assistance pay-
ments 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 be-
half such payments are to be so made’’ 
after ‘‘in any case’’; and
•H.R. 4472 EH 
(B) by adding at the end the following: 
‘‘(C) provides that the State shall—
‘‘(I) check any child abuse and neglect reg-
istry 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 par-
ent 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 fi-
nally approved for placement of a child, regard-
less of whether foster care maintenance pay-
ments 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 informa-
•H.R. 4472 EH 
tion 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 sub-
section (a) of this section, is amended—
(1) in subparagraph (A), in the matter pre-
ceding clause (I), by striking ‘‘unless an election 
provided for in subparagraph (B) is made with re-
spect to the State,’’; and 
(2) by striking subparagraph (B) and redesig-
nating subparagraph (C) as subparagraph (B). 
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by 
subsection (a) shall take effect on October 1, 2006, 
and shall apply with respect to payments under part 
E of title IV of the Social Security Act for calendar
•H.R. 4472 EH 
quarters beginning on or after such date, without re-
gard to whether regulations to implement the 
amendments are promulgated by such date. 
(2) ELIMINATION
OF
OPT-OUT.—The amend-
ments made by subsection (b) shall take effect on 
October 1, 2008, and shall apply with respect to 
payments under part E of title IV of the Social Se-
curity Act for calendar quarters beginning on or 
after such date, without regard to whether regula-
tions 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 So-
cial 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 fail-
ing to meet any of the additional requirements be-
fore the first day of the first calendar quarter begin-
ning after the first regular session of the State legis-
lature that begins after the otherwise applicable ef-
fective date of the amendments. If the State has a 
2-year legislative session, each year of the session is
•H.R. 4472 EH 
deemed to be a separate regular session of the State 
legislature. 
SEC. 502. ACCESS TO FEDERAL CRIME INFORMATION DATA-
BASES 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 sec-
tion 534(f)(3)(A) of title 28, United States Code) sub-
mitted by—
(1) a child welfare agency for the purpose of—
(A) conducting a background check re-
quired under section 471(a)(20) of the Social 
Security Act on individuals under consideration 
as prospective foster or adoptive parents; or 
(B) an investigation relating to an incident 
of abuse or neglect of a minor; or 
(2) a private elementary or secondary school, a 
local educational agency, or State educational agency 
in that State, on individuals employed by, under con-
sideration for employment by, or volunteering for the 
school or agency in a position in which the individual 
would work with or around children.
•H.R. 4472 EH 
(b) FINGERPRINT-BASED CHECK.—Where possible, 
the check shall include a fingerprint-based check of State 
criminal history databases. 
(c) FEES.—The Attorney General and the States 
may charge any applicable fees for the checks. 
(d) PROTECTION OF INFORMATION.—An individual 
having information derived as a result of a check under 
subsection (a) may release that information only to appro-
priate officers of child welfare agencies, private elementary 
or secondary schools, or educational agencies or other per-
sons authorized by law to receive that information. 
(e) CRIMINAL PENALTIES.—An individual who know-
ingly exceeds the authority in subsection (a), or knowingly 
releases information in violation of subsection (d), shall 
be imprisoned not more than 10 years or fined under title 
18, United States Code, or both. 
(f) CHILD WELFARE AGENCY DEFINED.—In this 
section, the term ‘‘child welfare agency’’ means—
(1) the State or local agency responsible for ad-
ministering 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 pri-
vate 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
•H.R. 4472 EH 
Act, that is responsible for the licensing or approval 
of foster or adoptive parents. 
(g) DEFINITION
OF EDUCATION TERMS.—In this 
section, the terms ‘‘elementary school’’, ‘‘local educational 
agency’’, ‘‘secondary school’’, and ‘‘State educational 
agency’’ have the meanings given to those terms in section 
9101 of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801). 
(h) TECHNICAL CORRECTION.—Section 534 of title 
28, United States Code, is amended by redesignating the 
second subsection (e) as subsection (f). 
SEC. 503. PENALTIES FOR COERCION AND ENTICEMENT BY 
SEX OFFENDERS. 
Section 2422 of title 18, United States Code, is 
amended—
(1) in subsection (a), by striking ‘‘or impris-
oned not more than 20 years, or both’’ and inserting 
‘‘and imprisoned not less than 5 years nor more 
than 20 years’’; and 
(2) in subsection (b), by striking ‘‘5’’ and in-
serting ‘‘10’’. 
SEC. 504. PENALTIES FOR CONDUCT RELATING TO CHILD 
PROSTITUTION. 
Section 2423 of title 18, United States Code, is 
amended—
•H.R. 4472 EH 
(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 impris-
oned 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. 505. 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
•H.R. 4472 EH 
‘‘and imprisoned for any term of years not less than 
30 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 im-
prisoned not less than 10 years nor more than 30 years’’. 
(c) ABUSIVE SEXUAL CONTACT.—Section 2244(a) of 
title 18, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘ten years’’ 
and inserting ‘‘30 years’’; 
(2) in paragraph (2), by striking ‘‘three years’’ 
and inserting ‘‘20 years’’; 
(3) in paragraph (3), by striking ‘‘two years’’ 
and inserting ‘‘15 years’’; and 
(4) in paragraph (4), by striking ‘‘two years’’ 
and inserting ‘‘10 years’’. 
SEC. 506. SEX OFFENDER SUBMISSION TO SEARCH AS CON-
DITION 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 fol-
lowing:
•H.R. 4472 EH 
‘‘(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 en-
forcement or probation officer with reasonable sus-
picion concerning a violation of a condition of proba-
tion or unlawful conduct by the person, and by any 
probation officer in the lawful discharge of the offi-
cer’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 condi-
tion 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, com-
puter, other electronic communications or data storage de-
vices 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
•H.R. 4472 EH 
the person, and by any probation officer in the lawful dis-
charge of the officer’s supervision functions.’’. 
SEC. 507. KIDNAPPING JURISDICTION. 
Section 1201 of title 18, United States Code, is 
amended—
(1) in subsection (a)(1), by striking ‘‘if the per-
son was alive when the transportation began’’ and 
inserting ‘‘, or the offender travels in interstate or 
foreign commerce or uses the mail or any means, fa-
cility, 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. 508. MARITAL COMMUNICATION AND ADVERSE SPOUS-
AL PRIVILEGE. 
(a) IN GENERAL.—Chapter 119 of title 28, United 
States Code, is amended by inserting after section 1826 
the following: 
‘‘§ 1826A. Marital communications and adverse spous-
al 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—
•H.R. 4472 EH 
‘‘(1) a child of either spouse; or 
‘‘(2) a child under the custody or control of ei-
ther 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 relat-
ing to section 1826 the following:
‘‘1826A. Marital communications and adverse spousal privilege’’.
SEC. 509. 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. 510. 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 pro-
ceedings’’ 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 com-
mencement 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 pro-
ceedings’’ 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 in-
serting ‘‘4243, 4246, or 4248’’; 
(C) in subsection (a)—
(I) by amending subparagraph (1)(C) 
to read as follows:
•H.R. 4472 EH 
‘‘(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 
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 semi-
colon; and 
(iv) by inserting at the end the fol-
lowing: 
‘‘(4) ‘bodily injury’ includes sexual abuse; 
‘‘(5) ‘sexually dangerous person’ means a per-
son who has engaged or attempted to engage in sex-
ually 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, ab-
normality, 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’’;
•H.R. 4472 EH 
(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 
(F) in subsections (e) and (h)—
(I) by striking ‘‘hospitalized’’ each 
place it appears and inserting ‘‘com-
mitted’’; 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 
criminal charges have been dismissed solely for reasons 
relating to the mental condition of the person, the Attor-
•H.R. 4472 EH 
ney General or any individual authorized by the Attorney 
General or the Director of the Bureau of Prisons may cer-
tify 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 com-
mitted 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 EXAMINA-
TION AND REPORT.—Prior to the date of the hearing, the 
court may order that a psychiatric or psychological exam-
ination of the defendant be conducted, and that a psy-
chiatric 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 pur-
suant to the provisions of section 4247(d). 
‘‘(d) DETERMINATION AND DISPOSITION.—If, after 
the hearing, the court finds by clear and convincing evi-
dence that the person is a sexually dangerous person, the 
court shall commit the person to the custody of the Attor-
•H.R. 4472 EH 
ney General. The Attorney General shall release the per-
son 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, not-
withstanding 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 responsi-
bility; 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 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) de-
termines 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
•H.R. 4472 EH 
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 at-
torney 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 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 
‘‘(B) order, as an explicit condition of re-
lease, that he comply with the prescribed regi-
•H.R. 4472 EH 
men 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 
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 no-
tice, or upon other probable cause to believe that the per-
son 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, de-
termine whether the person should be remanded to a suit-
able facility on the ground that he is sexually dangerous 
to others in light of his failure to comply with the pre-
scribed regimen of medical, psychiatric, or psychological 
care or treatment. 
‘‘(g) RELEASE TO STATE OF CERTAIN OTHER PER-
SONS.—If the director of the facility in which a person
•H.R. 4472 EH 
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 
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 Gen-
eral 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. 511. 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 es-
tablishing, enhancing, or operating any transitional hous-
ing for a sexually dangerous person in or near a locations
•H.R. 4472 EH 
where minors or other vulnerable persons are likely to 
come into contact with that person. 
(c) 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 Attor-
ney 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 
applies to a jurisdiction if the Attorney General con-
siders such an extension to be appropriate. 
(d) ATTORNEY GENERAL REPORTS.—Not later than 
January 31 of each year, beginning with 2008, the Attor-
ney General shall submit to the Committee on the Judici-
ary of the Senate and the Committee on the Judiciary of 
the House of Representatives a report on the progress of
•H.R. 4472 EH 
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 
(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 be-
cause 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. 
(f) 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.