(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’’; 
(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-
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’’. 
(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’’. 
(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; 
(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-
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.
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.—
(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 
(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-
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 pro-
vided for in subparagraph (B) is made with respect 
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, 2005, 
and shall apply with respect to payments under part 
E of title IV of the Social Security Act for calendar 
quarters beginning on or after such date, without 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, 2007, 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 
deemed to be a separate regular session of the State 
legislature. 
SEC. 502. ACCESS TO FEDERAL CRIME INFORMATION DATA-
BASES BY CHILD WELFARE AGENCIES FOR 
CERTAIN PURPOSES. 
(a) IN GENERAL.—The Attorney General of the 
United States shall, upon request of the chief executive 
officer of a State, conduct fingerprint-based checks of the 
national crime information databases (as defined in sec-
tion 534 of title 28, United States Code) submitted by 
a local child welfare agency for the purpose of conducting 
a background check required under section 471(a)(20) of 
the Social Security Act on individuals under consideration 
as prospective foster or adoptive parents. Where possible, 
the check shall include a fingerprint-based check of State 
criminal history databases. The Attorney General and the 
States may charge any applicable fees for the checks. 
(b) LIMITATION.—An officer may use the authority 
under subsection (a) only for the purpose of conducting 
the background checks required under section 471(a)(20) 
of the Social Security Act. 
(c) PROTECTION OF INFORMATION.—An individual 
having information derived as a result of a check under 
subsection (a) may release that information only to appro-
priate officers of child welfare agencies or another person 
authorized by law to receive that information. 
(d) CRIMINAL PENALTIES.—An individual who know-
ingly exceeds the authority in subsection (a), or knowingly 
releases information in violation of subsection (c), shall be 
imprisoned not more than 10 years or fined under title 
18, United States Code, or both. 
(e) CHILD WELFARE AGENCY DEFINED.—In this 
section, the term ‘‘child welfare agency’’ means—
(1) the State or local agency responsible for 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 
Act, that is responsible for the licensing or approval 
of foster or adoptive parents. 
SEC. 503. PENALTIES FOR COERCION AND ENTICEMENT BY 
SEX OFFENDERS. 
Section 2422(a) of title 18, United States Code, is 
amended by striking ‘‘or imprisoned not more than 20 
years, or both’’ and inserting ‘‘and imprisoned not less 
than 10 years nor more than 30 years’’. 
SEC. 504. PENALTIES FOR CONDUCT RELATING TO CHILD 
PROSTITUTION. 
Section 2423 of title 18, United States Code, is 
amended—
(1) in subsection (a), by striking ‘‘5 years and 
not more than 30 years’’ and inserting ‘‘30 years or 
for life’’; 
(2) in subsection (b), by striking ‘‘or 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 
‘‘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 ‘‘six months’’ 
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: 
‘‘(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 
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—
‘‘(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’’; 
(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 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 in-
serting ‘‘4243, 4246, or 4248’’; 
(C) in subsection (a)—
(i) by amending subparagraph (1)(C) 
to read as follows: 
‘‘(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’’; 
(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-
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-
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 
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-
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 
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 
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 
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. 
SEC. 512. MANDATORY PENALTIES FOR SEX-TRAFFICKING 
OF CHILDREN. 
Section 1591(b) of title 18, United States Code, is 
amended—
(1) in paragraph (1)—
(A) by striking ‘‘or imprisonment’’ and in-
serting ‘‘and imprisonment’’;
(B) by inserting ‘‘not less than 10’’ after 
‘‘any term of years’’; and 
(C) by striking ‘‘, or both’’; and 
(2) in paragraph (2)—
(A) by striking ‘‘or imprisonment for not’’ 
and inserting ‘‘and imprisonment for not less 
than 5 years nor’’; and 
(B) by striking ‘‘, or both’’. 
SEC. 513. SEXUAL ABUSE OF WARDS. 
Chapter 109A of title 18, United States Code, is 
amended—
(1) in section 2243(b), by striking ‘‘one year’’ 
and inserting ‘‘15 years’’; 
(2) in section 2244(b), by striking ‘‘six months’’ 
and inserting ‘‘two years’’; and 
(3) by inserting after ‘‘Federal prison,’’ each 
place it appears, other than the second sentence of 
section 2241(c), the following: ‘‘or in any prison, in-
stitution, or facility in which persons are held in cus-
tody by direction of or pursuant to a contract or 
agreement with Attorney General,’’. 
SEC. 514. 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: 
‘‘§ 3298. Child abduction and sex offenses 
‘‘Notwithstanding any other law, an indictment may 
be found or an information instituted at any time without 
limitation for any offense under section 1201 involving a 
minor victim, and for any felony under chapter 109A, 110, 
or 117, or section 1591.’’; and 
(2) by adding at the end of the table of sections 
at the beginning of the chapter the following new 
item:
‘‘3298. Child abduction and sex offenses.’’.
SEC. 515. CHILD ABUSE REPORTING. 
Section 2258 of title 18, United States Code, is 
amended by striking ‘‘Class B misdemeanor’’ and insert-
ing ‘‘Class A misdemeanor’’. 
TITLE VI—CHILD 
PORNOGRAPHY PREVENTION 
SEC. 601. FINDINGS. 
Congress makes the following findings: 
(1) The effect of the intrastate production, 
transportation, distribution, receipt, advertising, and 
possession of child pornography on interstate market 
in child pornography. 
(A) The illegal production, transportation, 
distribution, receipt, advertising and possession 
of child pornography, as defined in section
2256(8) of title 18, United States Code, as well 
as the transfer of custody of children for the 
production of child pornography, is harmful to 
the physiological, emotional, and mental health 
of the children depicted in child pornography 
and has a substantial and detrimental effect on 
society as a whole. 
(B) A substantial interstate market in 
child pornography exists, including not only a 
multimillion dollar industry, but also a nation-
wide 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 expecta-
tion of receiving other child pornography in re-
turn. 
(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 un-
fortunate result of greatly increasing the inter-
state 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 pro-
duction 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 en-
tirely within the boundaries of one state. 
These persons are unlikely to be content 
with the amount of child pornography they 
produce, transport, distribute, receive, ad-
vertise, or possess. These persons are
therefore likely to enter the interstate mar-
ket in child pornography in search of addi-
tional child pornography, thereby stimu-
lating demand in the interstate market in 
child pornography. 
(ii) When the persons described in 
subparagraph (D)(i) enter the interstate 
market in search of additional child por-
nography, they are likely to distribute the 
child pornography they already produce, 
transport, distribute, receive, advertise, or 
possess to persons who will distribute addi-
tional child pornography to them, thereby 
stimulating supply in the interstate market 
in child pornography. 
(iii) Much of the child pornography 
that supplies the interstate market in child 
pornography is produced entirely within 
the boundaries of one state, is not trace-
able, and enters the interstate market sur-
reptitiously. This child pornography sup-
ports demand in the interstate market in 
child pornography and is essential to its 
existence.
(E) Prohibiting the intrastate production, 
transportation, distribution, receipt, advertising, 
and possession of child pornography, as well as 
the intrastate transfer of custody of children for 
the production of child pornography, will cause 
some persons engaged in such intrastate activi-
ties to cease all such activities, thereby reducing 
both supply and demand in the interstate mar-
ket for child pornography. 
(F) Federal control of the intrastate inci-
dents of the production, transportation, dis-
tribution, receipt, advertising, and possession of 
child pornography, as well as the intrastate 
transfer of children for the production of child 
pornography, is essential to the effective control 
of the interstate market in child pornography. 
(2) The importance of protecting children from 
repeat exploitation in child pornography: 
(A) The vast majority of child pornography 
prosecutions today involve images contained on 
computer hard drives, computer disks, and 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 viola-
tion of the privacy of the victims and a repeti-
tion 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. 
(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 rea-
sonable accommodations for the inspection, 
viewing, and examination of such material for 
the purposes of mounting a criminal defense. 
SEC. 602. STRENGTHENING SECTION 2257 TO ENSURE THAT 
CHILDREN ARE NOT EXPLOITED IN THE PRO-
DUCTION OF PORNOGRAPHY. 
Section 2257(h) of title 18, United States Code, is 
amended—
(1) in paragraph (1), by striking ‘‘subpara-
graphs (A) through (D) of’’; and 
(2) in paragraph (3), by striking ‘‘which does 
not involve’’ and all that follows through ‘‘depicted’’ 
and inserting ‘‘with respect to which the Attorney 
General determines the record keeping requirements 
of this section are not needed to carry out the pur-
poses of this chapter’’. 
SEC. 603. ADDITIONAL RECORDKEEPING REQUIREMENTS. 
(a) NEW REQUIREMENT.—
(1) IN
GENERAL.—Title 18, United States 
Code, is amended by inserting after section 2257 the 
following: 
‘‘§ 2257A. Recordkeeping requirements for simulated 
sexual conduct 
‘‘(a) Whoever produces any book, magazine, peri-
odical, film, videotape, or other matter which—
‘‘(1) contains a visual depiction of simulated 
sexually explicit conduct (except conduct described in 
section 2256(2)(A)(v)), created after the date of the 
enactment of this section, in which a performer (as 
defined in section 2257) appears to a reasonable 
person to be 25 years of age or younger; and 
‘‘(2) is produced in whole or in part with mate-
rials which have been mailed or shipped in interstate
or foreign commerce, or is shipped or transported or 
is intended for shipment or transportation in inter-
state or foreign commerce; 
shall create and maintain individually identifiable records 
pertaining to every performer portrayed in such a visual 
depiction. 
‘‘(b) Any person to whom subsection (a) applies shall, 
with respect to every performer portrayed in a visual de-
piction of simulated sexually explicit conduct, ascertain, 
require, and record the same information as a person to 
whom section 2257 applies is required to do under sub-
section (b) of that section. 
‘‘(c) Any person to whom subsection (a) applies shall 
maintain and make available to the Attorney General for 
inspection the same records as a person to whom section 
2257 applies is required to do under subsection (c) of that 
section. 
‘‘(d) Subsection (d) of section 2257 applies with re-
spect to records under this section in the same manner 
as it applies to records under section 2257. 
‘‘(e) Except as provided in this subsection, section 
2257(e) applies with respect to copies of matter described 
in subsection (a)(1) of this section, in the same manner 
as it applies to copies of matter described in section 
2257(a)(1). Section 2257(e) does not apply to matter pro-
duced by a person described in subsection (h)(1) of this 
section. 
‘‘(f) Subsections (f), (g), and (i) of section 2257 
apply, in connection with depictions of simulated sexually 
explicit conduct described in subsection (a) of this section, 
with respect to persons to whom subsection (a) of this sec-
tion applies in the same manner as those subsections 
apply, in connection with depictions of actual sexually ex-
plicit conduct, with respect to persons to whom section 
2257(a) applies. Subsection (f)(4) does not apply to mat-
ter produced by a person described in subsection (h)(1). 
‘‘(g) As used in this section, the term ‘produces’ 
means—
‘‘(1) to film, videotape, photograph; or create a 
picture, digital image, or digitally- or computer-ma-
nipulated image of an actual human being, that con-
stitutes a visual depiction of simulated sexually ex-
plicit conduct; or 
‘‘(2) to make such a depiction available to an-
other, if the circumstances in which the depiction is 
made available are likely to convey the impression 
that the depiction is child pornography. 
‘‘(h)(1) The provisions of this section, other than sub-
section (d), shall not apply to any person who produces 
any book, magazine, periodical, film, videotape, or other
matter described in subsection (a) containing one or more 
visual depictions of simulated sexually explicit conduct, 
and who—
‘‘(A) ascertains, by examination of an identi-
fication document containing such information, the 
name and birth date of every performer portrayed in 
such a visual depiction, and maintains such informa-
tion in individually identifiable records; 
‘‘(B) makes such records available to the Attor-
ney General for inspection at all reasonable times; 
‘‘(C) provides to the Attorney General the 
name, title, and business address of the individual 
employed for the purpose of maintaining such 
records; and 
‘‘(D) certifies to the Attorney General on an 
annual basis that the person ascertains and main-
tains the information and records described in sub-
paragraph (A), that such records are made available 
as described in subparagraph (B), that the informa-
tion described in subparagraph (C) is true and cor-
rect, and that the Attorney General will be promptly 
notified of any changes to the information. 
‘‘(2)(A) It shall be unlawful for any person knowingly 
to provide a false certification under paragraph (1)(D).
‘‘(B) Whoever provides a false certification under 
paragraph (1)(D) above shall be fined in accordance with 
this title, imprisoned not more than 5 years, or both. 
‘‘(3) The Attorney General shall issue appropriate 
regulations to carry out this subsection.’’. 
(2) EFFECTIVE DATE OF REGULATIONS.—The 
regulations issued under section 2257A(h)(3) of title 
18, United States Code, shall not become effective 
until 90 days after the regulations are published in 
the Federal Register. 
(b) CLERICAL AMENDMENT.—The table of chapters 
at the beginning of chapter 110 of title 18, United States 
Code, is amended by inserting after the item relating to 
section 2257 the following new item:
‘‘2257A. Recordkeeping requirements for simulated sexual conduct.’’.
SEC. 604. PREVENTION OF DISTRIBUTION OF CHILD POR-
NOGRAPHY USED AS EVIDENCE IN PROSECU-
TIONS. 
Section 3509 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(m) PROHIBITION ON REPRODUCTION OF CHILD 
PORNOGRAPHY.—
‘‘(1) In any criminal proceeding, any property 
or material that constitutes child pornography (as 
defined by section 2256 of this title) must remain in
the care, custody, and control of either the Govern-
ment or the court. 
‘‘(2)(A) Notwithstanding Rule 16 of the Fed-
eral Rules of Criminal Procedure, a court shall deny, 
in any criminal proceeding, any request by the de-
fendant to copy, photograph, duplicate, or otherwise 
reproduce any property or material that constitutes 
child pornography (as defined by section 2256 of 
this title), so long as the Government makes the 
property or material reasonably available to the de-
fendant. 
‘‘(B) For the purposes of subparagraph (A), 
property or material shall be deemed to be reason-
ably available to the defendant if the Government 
provides ample opportunity for inspection, viewing, 
and examination at a Government facility of the 
property or material by the defendant, his or her at-
torney, aid any individual the defendant may seek to 
qualify to furnish expert testimony at trial.’’. 
SEC. 605. AUTHORIZING CIVIL AND CRIMINAL ASSET FOR-
FEITURE IN CHILD EXPLOITATION AND OB-
SCENITY CASES. 
(a) CONFORMING FORFEITURE PROCEDURES
FOR 
OBSCENITY OFFENSES.—Section 1467 of title 18, United 
States Code, is amended—
(1) in subsection (a)(3), by inserting a period 
after ‘‘of such offense’’ and striking all that follows; 
and 
(2) by striking subsections (b) through (n) and 
inserting the following: 
‘‘(b) The provisions of section 413 of the Controlled 
Substance Act (21 U.S.C. 853) with the exception of sub-
section (d), shall apply to the criminal forfeiture of prop-
erty pursuant to subsection (a). 
‘‘(c) Any property subject to forfeiture pursuant to 
subjection (a) may be forfeited to the United States in 
a civil case in accordance with the procedures set forth 
in chapter 46 of this title.’’. 
(b) AMENDMENTS TO CHILD EXPLOITATION FOR-
FEITURE PROVISIONS.—
(1) CRIMINAL FORFEITURE.—Section 2253(a) 
of title 18, United States Code, is amended—
(A) in the matter preceding paragraph (1) 
by—
(i) inserting ‘‘or who is convicted of 
an offense under sections 2252B or 2257 
of this chapter,’’ after ‘‘2260 of this chap-
ter’’;
(ii) inserting ‘‘, or 2425’’ after 
‘‘2423’’ and striking ‘‘or’’ before ‘‘2423’’; 
and 
(iii) inserting ‘‘or an offense under 
chapter 109A’’ after ‘‘of chapter 117’’; and 
(B) in paragraph (I), by inserting ‘‘, 
2252A, 2252B or 2257’’ after ‘‘2252’’. 
(2) CIVIL
FORFEITURE.—Section 2254(a) of 
title 18, United States Code, is amended—
(A) in paragraph (1), by inserting ‘‘, 
2252A, 2252B, or 2257’’ after ‘‘2252’’; 
(B) in paragraph (2) —
(i) by striking ‘‘or’’ and inserting ‘‘of’’ 
before ‘‘chapter 117’’; 
(ii) by inserting ‘‘, or an offense under 
section 2252B or 2257 of this chapter,’’ 
after ‘‘Chapter 117,’’ and 
(iii) by inserting ‘‘, or an offense 
under chapter 109A’’ before the period; 
and 
(C) in paragraph (3) by—
(i) inserting ‘‘, or 2425’’ after ‘‘2423’’ 
and striking ‘‘or’’ before ‘‘2423’’; and
100
(ii) inserting ‘‘, a violation of section 
2252B or 2257 of this chapter, or a viola-
tion of chapter 109A’’ before the period. 
(c) AMENDMENTS TO RICO.—Section 1961(1)(B) of 
title 18, United States Code, is amended by inserting 
‘‘2252A, 2252B,’’ after ‘‘2252’’. 
SEC. 606. PROHIBITING THE PRODUCTION OF OBSCENITY 
AS WELL AS TRANSPORTATION, DISTRIBU-
TION, AND SALE. 
(a) SECTION 1465.—Section 1465 of title 18 of the 
United States Code is amended—
(1) by inserting ‘‘PRODUCTION AND’’ before 
‘‘TRANSPORTATION’’ in the heading of the section; 
(2) by inserting ‘‘produces with the intent to 
transport, distribute, or transmit in interstate or 
foreign commerce, or whoever knowingly’’ after 
‘‘whoever knowingly’’ and before ‘‘transports or trav-
els in’’; and 
(3) by inserting a comma after ‘‘in or affecting 
such commerce’’. 
(b) SECTION 1466.—Section 1466 of title 18 of the 
United States Code is amended—
(1) in subsection (a), by inserting ‘‘producing 
with intent to distribute or sell, or’’ before ‘‘selling 
or transferring obscene matter,’’;
101
(2) in subsection (b), by inserting, ‘‘produces’’ 
before ‘‘sells or transfers or offers to sell or transfer 
obscene matter’’; and 
(3) in subsection (b) by inserting ‘‘production,’’ 
before ‘‘selling or transferring or offering to sell or 
transfer such material.’’. 
TITLE VII—COURT SECURITY 
SEC. 701. JUDICIAL BRANCH SECURITY REQUIREMENTS. 
(a) ENSURING CONSULTATION WITH THE ADMINIS-
TRATIVE OFFICE OF THE UNITED STATES COURTS.—Sec-
tion 566 of title 28, United States Code, is amended by 
adding at the end the following: 
‘‘(i) The United States Marshals Service shall consult 
with the Administrative Office of the United States Courts 
on a continuing basis regarding the security requirements 
for the judicial branch and inform the Administrative Of-
fice of the measures the Marshals Service intends to take 
to meet those requirements.’’. 
(b) CONFORMING AMENDMENT.—Section 604(a) of 
title 28, United States Code, is amended—
(1) by redesignating existing paragraph (24) as 
paragraph (25); 
(2) by striking ‘‘and’’ at the end of paragraph 
(23); and
102
(3) by inserting after paragraph (23) the fol-
lowing: 
‘‘(24) Consult with the United States Marshals 
Service on a continuing basis regarding the security 
requirements for the Judicial Branch; and’’. 
SEC. 702. PROTECTION OF FAMILY MEMBERS. 
Section 105(b)(3) of the Ethics in Government Act 
of 1978 (5 U.S.C. App.) is amended—
(1) in subparagraph (A), by inserting ‘‘or a 
family member of that individual’’ after ‘‘that indi-
vidual’’; and 
(2) in subparagraph (B)(i), by inserting ‘‘or a 
family member of that individual’’ after ‘‘the re-
port’’. 
SEC. 703. EXTENSION OF SUNSET PROVISION. 
Section 105(b)(3) of the Ethics in Government Act 
of 1978 (5 U.S.C. App) is amended by striking ‘‘2005’’ 
each place that term appears and inserting ‘‘2009’’. 
SEC. 704. ADDITIONAL AMOUNTS FOR UNITED STATES MAR-
SHALS SERVICE TO PROTECT THE JUDICI-
ARY. 
In addition to any other amounts authorized to be 
appropriated for the United States Marshals Service, 
there are authorized to be appropriated for the United 
States Marshals Service to protect the judiciary,
103
$20,000,000 for each of fiscal years 2006 through 2010 
for—
(1) hiring entry-level deputy marshals for pro-
viding judicial security; 
(2) hiring senior-level deputy marshals for in-
vestigating threats to the judiciary and providing 
protective details to members of the judiciary and 
Assistant United States Attorneys; and 
(3) for the Office of Protective Intelligence, for 
hiring senior-level deputy marshals, hiring program 
analysts, and providing secure computer systems. 
SEC. 705. PROTECTIONS AGAINST MALICIOUS RECORDING 
OF FICTITIOUS LIENS AGAINST FEDERAL 
JUDGES AND FEDERAL LAW ENFORCEMENT 
OFFICERS. 
(a) OFFENSE.—Chapter 73 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘§ 1521. Retaliating against a Federal official by false 
claim or slander of title 
‘‘Whoever, with the intent to harass or intimidate a 
person designated in section 1114, files, or attempts or 
conspires to file, in any public record or in any private 
record which is generally available to the public, any false 
lien or encumbrance against the real or personal property 
of that person, on account of the performance of official
104
duties by that person, shall be fined under this title or 
imprisoned for not more than 10 years, or both.’’. 
(b) CLERICAL AMENDMENT.—The chapter analysis 
for chapter 73 of title 18, United States Code, is amended 
by adding at the end the following new item:
‘‘1521. Retaliating against a Federal judge or Federal law enforcement officer 
by false claim or slander of title.’’.
SEC. 706. PROTECTION OF INDIVIDUALS PERFORMING CER-
TAIN OFFICIAL DUTIES. 
(a) OFFENSE.—Chapter 7 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘§ 117. Protection of individuals performing certain 
official duties 
‘‘(a) Whoever knowingly makes restricted personal in-
formation about a covered official, or a member of the im-
mediate family of that covered official, publicly available, 
with the intent that such restricted personal information 
be used to intimidate or facilitate the commission of a 
crime of violence (as defined in section 16) against that 
covered official, or a member of the immediate family of 
that covered official, shall be fined under this title and 
imprisoned not more than 5 years, or both. 
‘‘(b) As used in this section—
‘‘(1) the term ‘restricted personal information’ 
means, with respect to an individual, the Social Se-
curity number, the home address, home phone num-
105
ber, mobile phone number, personal email, or home 
fax number of, and identifiable to, that individual; 
‘‘(2) the term ‘covered official’ means—
‘‘(A) an individual designated in section 
1114; 
‘‘(B) a public safety officer (as that term 
is defined in section 1204 of the Omnibus 
Crime Control and Safe Streets Act of 1968); 
or 
‘‘(C) a grand or petit juror, witness, or 
other officer in or of, any court of the United 
States, or an officer who may be serving at any 
examination or other proceeding before any 
United States magistrate judge or other com-
mitting magistrate; and 
‘‘(3) the term ‘immediate family’ has the same 
meaning given that term in section 115(c)(2).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 7 of title 18, United States 
Code, is amended by adding at the end the following new 
item:
‘‘117. Protection of individuals performing certain official duties.’’.
SEC. 707. REPORT ON SECURITY OF FEDERAL PROSECU-
TORS. 
Not later than 90 days after the date of the enact-
ment of this Act, the Attorney General shall submit to
106
the Committee on the Judiciary of the House of Rep-
resentatives and the Committee on the Judiciary of the 
Senate a report on the security of assistant United States 
attorneys and other Federal attorneys arising from the 
prosecution of terrorists, violent criminal gangs, drug traf-
fickers, gun traffickers, white supremacists, and those who 
commit fraud and other white-collar offenses. The report 
shall describe each of the following: 
(1) The number and nature of threats and as-
saults against attorneys handling those prosecutions 
and the reporting requirements and methods. 
(2) The security measures that are in place to 
protect the attorneys who are handling those pros-
ecutions, including measures such as threat assess-
ments, response procedures, availability of security 
systems and other devices, firearms licensing (depu-
tations), and other measures designed to protect the 
attorneys and their families. 
(3) The Department of Justice’s firearms depu-
tation policies, including the number of attorneys 
deputized and the time between receipt of threat and 
completion of the deputation and training process. 
(4) For each measure covered by paragraphs 
(1) through (3), when the report or measure was de-
107
veloped and who was responsible for developing and 
implementing the report or measure. 
(5) The programs that are made available to 
the attorneys for personal security training, includ-
ing training relating to limitations on public infor-
mation disclosure, basic home security, firearms 
handling and safety, family safety, mail handling, 
counter-surveillance, and self-defense tactics. 
(6) The measures that are taken to provide the 
attorneys with secure parking facilities, and how pri-
orities for such facilities are established—
(A) among Federal employees within the 
facility; 
(B) among Department of Justice employ-
ees within the facility; and 
(C) among attorneys within the facility. 
(7) The frequency such attorneys are called 
upon to work beyond standard work hours and the 
security measures provided to protect attorneys at 
such times during travel between office and available 
parking facilities. 
(8) With respect to attorneys who are licensed 
under State laws to carry firearms, the Department 
of Justice’s policy as to—
108
(A) carrying the firearm between available 
parking and office buildings; 
(B) securing the weapon at the office 
buildings; and 
(C) equipment and training provided to fa-
cilitate safe storage at Department of Justice 
facilities. 
(9) The offices in the Department of Justice 
that are responsible for ensuring the security of the 
attorneys, the organization and staffing of the of-
fices, and the manner in which the offices coordinate 
with offices in specific districts. 
(10) The role, if any, that the United States 
Marshals Service or any other Department of Jus-
tice component plays in protecting, or providing se-
curity services or training for, the attorneys. 
SEC. 708. FLIGHT TO AVOID PROSECUTION FOR KILLING 
PEACE OFFICERS. 
(a) FLIGHT.—Chapter 49 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘§ 1075. Flight to avoid prosecution for killing peace 
officers 
‘‘Whoever moves or travels in interstate or foreign 
commerce with intent to avoid prosecution, or custody or 
confinement after conviction, under the laws of the place
109
from which he flees or under section 1114 or 1123, for 
a crime consisting of the killing, an attempted killing, or 
a conspiracy to kill, an individual involved in crime and 
juvenile delinquency control or reduction, or enforcement 
of the laws or for a crime punishable by section 1114 or 
1123, shall be fined under this title and imprisoned, in 
addition to any other imprisonment for the underlying of-
fense, for any term of years not less than 10.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 49 of title 18, United States 
Code, is amended by adding at the end the following new 
item:
‘‘1075. Flight to avoid prosecution for killing peace officers.’’.
SEC. 709. SPECIAL PENALTIES FOR MURDER, KIDNAPPING, 
AND RELATED CRIMES AGAINST FEDERAL 
JUDGES AND FEDERAL LAW ENFORCEMENT 
OFFICERS. 
(a) MURDER.—Section 1114 of title 18, United 
States Code, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; and 
(2) by adding at the end the following: 
‘‘(b) If the victim of a murder punishable under this 
section is a United States judge (as defined in section 
115) or a Federal law enforcement officer (as defined in 
115) the offender shall be punished by a fine under this 
title and imprisonment for any term of years not less than