H. R. 4472—24
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. 153. SCHOOLS SAFE ACT. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Schools 
Safely Acquiring Faculty Excellence Act of 2006’’. 
(b) 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 data-
bases (as defined in section 534(f)(3)(A) of title 28, United States 
Code as redesignated under subsection (e)) pursuant to a request 
submitted by—
(1) a child welfare agency for the purpose of—
(A) conducting a background check required under sec-
tion 471(a)(20) of the Social Security Act on individuals 
under consideration as prospective foster or adoptive par-
ents; or 
(B) an investigation relating to an incident of abuse 
or neglect of a minor; or 
(2) a private or public elementary school, a private or 
public secondary school, a local educational agency, or State 
educational agency in that State, on individuals employed by, 
under consideration for employment by, or otherwise in a posi-
tion in which the individual would work with or around children 
in the school or agency. 
(c) FINGERPRINT-BASED CHECK.—Where possible, the check 
shall include a fingerprint-based check of State criminal history 
databases. 
(d) FEES.—The Attorney General and the States may charge 
any applicable fees for the checks. 
(e) PROTECTION
OF
INFORMATION.—An individual having 
information derived as a result of a check under subsection (b) 
may release that information only to appropriate officers of child 
welfare agencies, public or private elementary or secondary schools, 
or educational agencies or other persons authorized by law to receive 
that information. 
(f) CRIMINAL PENALTIES.—An individual who knowingly exceeds 
the authority in subsection (b), or knowingly releases information 
in violation of subsection (e), shall be imprisoned not more than 
10 years or fined under title 18, United States Code, or both. 
(g) 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. 
(h) DEFINITION
OF EDUCATION TERMS.—In this section, the 
terms ‘‘elementary school’’, ‘‘local educational agency’’, ‘‘secondary 
school’’, and ‘‘State educational agency’’ have the meanings given
H. R. 4472—25
to those terms in section 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801). 
(i) TECHNICAL CORRECTION.—Section 534 of title 28, United 
States Code, is amended by redesignating the second subsection 
(e) as subsection (f). 
SEC. 154. MISSING CHILD REPORTING REQUIREMENTS. 
(a) IN GENERAL.—Section 3702 of the Crime Control Act of 
1990 (42 U.S.C. 5780) is amended—
(1) by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4), respectively; 
(2) by inserting after paragraph (1) the following: 
‘‘(2) ensure that no law enforcement agency within the 
State establishes or maintains any policy that requires the 
removal of a missing person entry from its State law enforce-
ment system or the National Crime Information Center com-
puter database based solely on the age of the person; and’’; 
and 
(3) in paragraph (3), as redesignated, by striking ‘‘imme-
diately’’ and inserting ‘‘within 2 hours of receipt’’. 
(b) DEFINITIONS.—Section 403(1) of the Comprehensive Crime 
Control Act of 1984 (42 U.S.C. 5772) is amended by striking ‘‘if’’ 
through subparagraph (B) and inserting a semicolon. 
SEC. 155. DNA FINGERPRINTING. 
The first sentence of section 3(a)(1)(A) of the DNA Analysis 
Backlog Elimination Act of 2000 (42 U.S.C. 14135a(a)(1)(A)) is 
amended by striking ‘‘arrested’’ and inserting ‘‘arrested, facing 
charges, or convicted’’. 
TITLE II—FEDERAL CRIMINAL LAW EN-
HANCEMENTS NEEDED TO PROTECT 
CHILDREN FROM SEXUAL ATTACKS 
AND OTHER VIOLENT CRIMES 
SEC. 201. PROHIBITION ON INTERNET SALES OF DATE RAPE DRUGS. 
Section 401 of the Controlled Substances Act (21 U.S.C. 841) 
is amended by adding at the end the following: 
‘‘(g) INTERNET SALES OF DATE RAPE DRUGS.—
‘‘(1) Whoever knowingly uses the Internet to distribute 
a date rape drug to any person, knowing or with reasonable 
cause to believe that—
‘‘(A) the drug would be used in the commission of 
criminal sexual conduct; or 
‘‘(B) the person is not an authorized purchaser; 
shall be fined under this title or imprisoned not more than 
20 years, or both. 
‘‘(2) As used in this subsection: 
‘‘(A) The term ‘date rape drug’ means—
‘‘(i) gamma hydroxybutyric acid (GHB) or any con-
trolled substance analogue of GHB, including gamma 
butyrolactone (GBL) or 1,4–butanediol; 
‘‘(ii) ketamine; 
‘‘(iii) flunitrazepam; or
H. R. 4472—26
‘‘(iv) any substance which the Attorney General 
designates, pursuant to the rulemaking procedures pre-
scribed by section 553 of title 5, United States Code, 
to be used in committing rape or sexual assault. 
The Attorney General is authorized to remove any sub-
stance from the list of date rape drugs pursuant to the 
same rulemaking authority. 
‘‘(B) The term ‘authorized purchaser’ means any of 
the following persons, provided such person has acquired 
the controlled substance in accordance with this Act: 
‘‘(i) A person with a valid prescription that is 
issued for a legitimate medical purpose in the usual 
course of professional practice that is based upon a 
qualifying medical relationship by a practitioner reg-
istered by the Attorney General. A ‘qualifying medical 
relationship’ means a medical relationship that exists 
when the practitioner has conducted at least 1 medical 
evaluation with the authorized purchaser in the phys-
ical presence of the practitioner, without regard to 
whether portions of the evaluation are conducted by 
other heath professionals. The preceding sentence shall 
not be construed to imply that 1 medical evaluation 
demonstrates that a prescription has been issued for 
a legitimate medical purpose within the usual course 
of professional practice. 
‘‘(ii) Any practitioner or other registrant who is 
otherwise authorized by their registration to dispense, 
procure, purchase, manufacture, transfer, distribute, 
import, or export the substance under this Act. 
‘‘(iii) A person or entity providing documentation 
that establishes the name, address, and business of 
the person or entity and which provides a legitimate 
purpose for using any ‘date rape drug’ for which a 
prescription is not required. 
‘‘(3) The Attorney General is authorized to promulgate regu-
lations for record-keeping and reporting by persons handling 
1,4–butanediol in order to implement and enforce the provisions 
of this section. Any record or report required by such regula-
tions shall be considered a record or report required under 
this Act.’’. 
SEC. 202. JETSETA GAGE ASSURED PUNISHMENT FOR VIOLENT 
CRIMES AGAINST CHILDREN. 
Section 3559 of title 18, United States Code, is amended—
(1) by redesignating subsection (f) as subsection (g); and 
(2) by inserting after subsection (e) the following: 
‘‘(f) MANDATORY MINIMUM TERMS OF IMPRISONMENT FOR VIO-
LENT CRIMES AGAINST CHILDREN.—A person who is convicted of 
a Federal offense that is a 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 is murder, be imprisoned for 
life or for any term of years not less than 30, except that 
such person shall be punished by death or life imprisonment
H. R. 4472—27
if the circumstances satisfy any of subparagraphs (A) through 
(D) of section 3591(a)(2) of this title; 
‘‘(2) if the crime of violence is kidnapping (as defined in 
section 1201) or maiming (as defined in section 114), be impris-
oned for life or any term of years not less than 25; and 
‘‘(3) if the crime of violence results in serious bodily injury 
(as defined in section 1365), or if a dangerous weapon was 
used during and in relation to the crime of violence, be impris-
oned for life or for any term of years not less than 10.’’. 
SEC. 203. PENALTIES FOR COERCION AND ENTICEMENT BY SEX 
OFFENDERS. 
Section 2422(b) of title 18, United States Code, is amended 
by striking ‘‘not less than 5 years and not more than 30 years’’ 
and inserting ‘‘not less than 10 years or for life’’. 
SEC. 204. PENALTIES FOR CONDUCT RELATING TO CHILD PROSTITU-
TION. 
Section 2423(a) of title 18, United States Code, is amended 
by striking ‘‘5 years and not more than 30 years’’ and inserting 
‘‘10 years or for life’’. 
SEC. 205. PENALTIES FOR 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 for any term of years or for life’’. 
SEC. 206. 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 any term of years or for life.’’; and 
(B) in subsection (c), by inserting ‘‘(other than sub-
section (a)(5))’’ after ‘‘violates this section’’. 
(3) SEXUAL ABUSE OF CHILDREN RESULTING IN DEATH.—
Section 2245 of title 18, United States Code, is amended to 
read as follows: 
‘‘§ 2245. Offenses resulting in death 
‘‘(a) IN GENERAL.—A person who, in the course of an offense 
under this chapter, or section 1591, 2251, 2251A, 2260, 2421, 2422, 
2423, or 2425, murders an individual, shall be punished by death 
or imprisoned for any term of years or for life.’’.
H. R. 4472—28
(4) 
DEATH
PENALTY
AGGRAVATING
FACTOR.—Section 
3592(c)(1) of title 18, United States Code, is amended by 
inserting ‘‘section 2245 (offenses 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 inserting ‘‘aggravated sexual 
abuse, sexual abuse, abusive sexual contact involving a 
minor or ward, or sex trafficking of children, or the produc-
tion, possession, receipt, mailing, sale, distribution, ship-
ment, 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
INVOLVING
THE 
SEXUAL EXPLOITATION OF CHILDREN.—Section 2252(b) of title 
18, United States Code, is amended in paragraph (1)—
(A) by striking ‘‘paragraphs (1)’’ and inserting ‘‘para-
graph (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
CONSTITUTING
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’’. 
(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 ‘‘4’’ 
and inserting ‘‘10’’. 
(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 subsection (b)(1) 
of section 2252.’’. 
(c) MANDATORY LIFE IMPRISONMENT FOR CERTAIN REPEATED 
SEX OFFENSES AGAINST CHILDREN.—Section 3559(e)(2)(A) of title
H. R. 4472—29
18, United States Code, is amended by inserting ‘‘1591 (relating 
to sex trafficking of children),’’ after ‘‘under section’’. 
SEC. 207. SEXUAL ABUSE OF WARDS. 
Chapter 109A of title 18, United States Code, is amended—
(1) in section 2243(b), by striking ‘‘five years’’ and inserting 
‘‘15 years’’; and 
(2) by inserting a comma after ‘‘Attorney General’’ each 
place it appears. 
SEC. 208. MANDATORY PENALTIES FOR SEX-TRAFFICKING OF CHIL-
DREN. 
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 15’’ after ‘‘any term 
of years’’; and 
(C) by striking ‘‘, or both’’; and 
(2) in paragraph (2)—
(A) by striking ‘‘or imprisonment for not more than 
40 years, or both’’ and inserting ‘‘and imprisonment for 
not less than 10 years or for life’’; and 
(B) by striking ‘‘, or both’’. 
SEC. 209. CHILD ABUSE REPORTING. 
Section 2258 of title 18, United States Code, is amended by 
striking ‘‘guilty of a Class B misdemeanor’’ and inserting ‘‘fined 
under this title or imprisoned not more than 1 year or both’’. 
SEC. 210. SEX OFFENDER SUBMISSION TO SEARCH AS CONDITION OF 
RELEASE. 
(a) CONDITIONS
OF PROBATION.—Section 3563(b) of title 18, 
United States Code, is amended—
(1) in paragraph (21), by striking ‘‘or’’ ; 
(2) in paragraph (22) by striking the period at the end 
and inserting ‘‘or;’’ and 
(3) by inserting after paragraph (22) the following: 
‘‘(23) if required to register under the Sex Offender Reg-
istration and Notification Act, submit his person, and any prop-
erty, house, residence, vehicle, papers, computer, other elec-
tronic 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 sus-
picion 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 and 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 reason-
able suspicion concerning a violation of a condition of supervised
H. R. 4472—30
release or unlawful conduct by the person, and by any probation 
officer in the lawful discharge of the officer’s supervision functions.’’. 
SEC. 211. 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: 
‘‘§ 3299. 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 (except for section 2257 and 
2257A), 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:
‘‘3299. Child abduction and sex offenses’’.
SEC. 212. VICTIMS’ 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 pro-
ceeding arising out of a State conviction, 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.—
‘‘(i) IN GENERAL.—These rights may be enforced 
by the crime victim or the crime victim’s lawful rep-
resentative in the manner described in paragraphs 
(1) and (3) of subsection (d). 
‘‘(ii) MULTIPLE VICTIMS.—In a case involving mul-
tiple 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 proceedings arising out of a State 
conviction, and does not give rise to any obligation or 
requirement applicable to personnel of any agency of the 
Executive Branch of the Federal Government. 
‘‘(D) DEFINITION.—For purposes of this paragraph, the 
term ‘crime victim’ means the person against whom the 
State offense is committed or, if that person is killed or 
incapacitated, that person’s family member or other lawful 
representative.’’. 
SEC. 213. KIDNAPPING 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
H. R. 4472—31
(2) in subsection (b), by striking ‘‘to interstate’’ and 
inserting ‘‘in interstate’’. 
SEC. 214. MARITAL COMMUNICATION AND ADVERSE SPOUSAL PRIVI-
LEGE. 
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 Evi-
dence to provide that the confidential marital communications privi-
lege 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,’’. 
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 contain, at a minimum, 
a condition of electronic monitoring and each of the conditions 
specified at subparagraphs (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 
(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, explosive, or destructive device;’’. 
TITLE III—CIVIL COMMITMENT OF 
DANGEROUS SEX OFFENDERS 
SEC. 301. JIMMY RYCE STATE CIVIL COMMITMENT PROGRAMS FOR 
SEXUALLY DANGEROUS PERSONS. 
(a) GRANTS AUTHORIZED.—Except as provided in subsection 
(b), the Attorney General shall make grants to jurisdictions for
H. R. 4472—32
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 establishing, 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.—
(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 guide-
lines 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. 
(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 consid-
ering whether to pursue civil commitment proceedings upon 
the impending release of any person incarcerated by the 
State who—
(i) has been convicted of a sexually violent offense; 
or 
(ii) has been deemed by the State to be at high 
risk for recommitting any sexual offense 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 appropriate con-
trol, 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 a person 
suffering from a serious mental illness, abnormality, or dis-
order, as a result of which the individual would have serious 
difficulty in refraining from sexually violent conduct or child 
molestation.
H. R. 4472—33
(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’’; 
(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 sen-
tence,’’ 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 ‘‘sec-
tions 4246 and 4248’’; and 
(D) in subsection (e)—
(i) by inserting ‘‘or other proceedings’’ after ‘‘trial’’; 
and 
(ii) by striking ‘‘chapter 207’’ and inserting ‘‘chap-
ters 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 pro-
grams, 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’ 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
H. R. 4472—34
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’’; 
(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 fol-
lowing: 
‘‘(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 ‘‘commitment’’ ; 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 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
H. R. 4472—35
‘‘(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. 
‘‘(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 psycho-
logical care or treatment, the court shall—
‘‘(A) order that he be conditionally discharged under 
a prescribed regimen of medical, psychiatric, or psycho-
logical 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, psy-
chiatric, 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 unneces-
sary 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 whom all charges have been dismissed for reasons
H. R. 4472—36
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 pro-
ceedings 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.’’. 
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 Nationality 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: 
‘‘(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 APPROVED. 
(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 speci-
fied 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 respect to whom a 
petition described in clause (i) is filed. 
‘‘(II) For purposes of subclause (I), the term ‘speci-
fied 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 inserting the 
following: ‘‘(B)(i)(I) Except as provided 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 admitted for permanent resi-
dence who has been convicted of a specified offense 
against a minor (as defined in subparagraph 
(A)(viii)(II)), unless the Secretary of Homeland 
Security, in the Secretary’s sole and unreviewable 
discretion, determines that such person poses no
H. R. 4472—37
risk to the alien with respect to whom a petition 
described in subclause (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))’’ 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, transportation, 
distribution, receipt, advertising, and possession 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 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 pornog-
raphy 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 car-
ried 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 per-
sons are unlikely to be content with the amount of 
child pornography they produce, transport, distribute,