‘‘(A) Any motion by either party for an evi-
dentiary hearing shall be filed and served not later 
than 90 days after the State files its answer or, if 
no timely answer is filed, the date on which such an-
swer is due. 
‘‘(B) Any motion for an evidentiary hearing 
shall be granted or denied not later than 30 days 
after the date on which the party opposing such mo-
tion files a pleading in opposition to such motion or, 
if no timely pleading in opposition is filed, the date 
on which such pleading in opposition is due. 
‘‘(C) Any evidentiary hearing shall be—
‘‘(i) convened not less than 60 days after 
the order granting such hearing; and 
‘‘(ii) completed not more than 150 days 
after the order granting such hearing. 
‘‘(D) A district court shall enter a final order, 
granting or denying the application for a writ of ha-
beas corpus, not later than 15 months after the date 
on which the State files its answer or, if no timely 
answer is filed, the date on which such answer is 
due, or not later than 60 days after the case is sub-
mitted for decision, whichever is earlier. 
‘‘(E) If the district court fails to comply with 
the requirements of this paragraph, the State may
petition the court of appeals for a writ of mandamus 
to enforce the requirements. The court of appeals 
shall grant or deny the petition for a writ of man-
damus not later than 30 days after such petition is 
filed with the court. 
‘‘(4) For an application described in paragraph (2), 
the following requirements shall apply in the court of ap-
peals: 
‘‘(A) A timely filed notice of appeal from an 
order issuing a writ of habeas corpus shall operate 
as a stay of that order pending final disposition of 
the appeal. 
‘‘(B) The court of appeals shall decide the ap-
peal from an order granting or denying a writ of ha-
beas corpus—
‘‘(i) not later than 120 days after the date 
on which the brief of the appellee is filed or, if 
no timely brief is filed, the date on which such 
brief is due; or 
‘‘(ii) if a cross-appeal is filed, not later 
than 120 days after the date on which the ap-
pellant files a brief in response to the issues 
presented by the cross-appeal or, if no timely 
brief is filed, the date on which such brief is 
due.
‘‘(C)(i) Following a decision by a panel of the 
court of appeals under subparagraph (B), a petition 
for panel rehearing is not allowed, but rehearing by 
the court of appeals en banc may be requested. The 
court of appeals shall decide whether to grant a peti-
tion for rehearing en banc not later than 30 days 
after the date on which the petition is filed, unless 
a response is required, in which case the court shall 
decide whether to grant the petition not later than 
30 days after the date on which the response is filed 
or, if no timely response is filed, the date on which 
the response is due. 
‘‘(ii) If rehearing en banc is granted, the court 
of appeals shall make a final determination of the 
appeal not later than 120 days after the date on 
which the order granting rehearing en banc is en-
tered. 
‘‘(D) If the court of appeals fails to comply 
with the requirements of this paragraph, the State 
may petition the Supreme Court or a justice thereof 
for a writ of mandamus to enforce the requirements. 
‘‘(5)(A) The time limitations under paragraphs (3) 
and (4) shall apply to an initial application described in 
paragraph (2), any second or successive application de-
scribed in paragraph (2), and any redetermination of an
application described in paragraph (2) or related appeal 
following a remand by the court of appeals or the Supreme 
Court for further proceedings. 
‘‘(B) In proceedings following remand in the district 
court, time limits running from the time the State files 
its answer under paragraph (3) shall run from the date 
the remand is ordered if further briefing is not required 
in the district court. If there is further briefing following 
remand in the district court, such time limits shall run 
from the date on which a responsive brief is filed or, if 
no timely responsive brief is filed, the date on which such 
brief is due. 
‘‘(C) In proceedings following remand in the court of 
appeals, the time limit specified in paragraph (4)(B) shall 
run from the date the remand is ordered if further briefing 
is not required in the court of appeals. If there is further 
briefing in the court of appeals, the time limit specified 
in paragraph (4)(B) shall run from the date on which a 
responsive brief is filed or, if no timely responsive brief 
is filed, from the date on which such brief is due. 
‘‘(6) The failure of a court to meet or comply with 
a time limitation under this subsection shall not be a 
ground for granting relief from a judgment of conviction 
or sentence, nor shall the time limitations under this sub-
section be construed to entitle a capital applicant to a stay
of execution, to which the applicant would otherwise not 
be entitled, for the purpose of litigating any application 
or appeal.’’. 
(b) VICTIMS’ RIGHTS IN HABEAS CASES.—Section 
3771(b) of title 18, United States Code, is amended by 
adding at the end the following: ‘‘The rights established 
for crime victims by this section shall also be extended 
in a Federal habeas corpus proceeding arising out of a 
State conviction to victims of the State offense at issue.’’. 
(c) APPLICATION TO PENDING CASES.—
(1) IN
GENERAL.—The amendment made by 
this section apply to cases pending on the date of 
the enactment of this Act as well as to cases com-
menced on and after that date. 
(2) SPECIAL
RULE
FOR
TIME
LIMITS.—In a 
case pending on the date of the enactment of this 
Act, if the amendment made by subsection (a) pro-
vides that a time limit runs from an event or time 
that has occurred before that date, the time limit 
shall instead run from that date.
TITLE 
IV—PROTECTION 
AGAINST 
SEXUAL 
EXPLOI-
TATION OF CHILDREN ACT OF 
2005
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Protection Against 
Sexual Exploitation of Children Act of 2005’’. 
SEC. 402. INCREASED PENALTIES FOR SEXUAL OFFENSES 
AGAINST CHILDREN. 
(a) SEXUAL ABUSE AND CONTACT.—
(1) AGGRAVATED
SEXUAL
ABUSE
OF
CHIL-
DREN.—Section 2241(c) of title 18, United States 
Code, is amended by striking ‘‘, imprisoned for any 
term of years or life, or both.’’ and inserting ‘‘and 
imprisoned for not less than 30 years or for life.’’. 
(2) ABUSIVE
SEXUAL
CONTACT
WITH
CHIL-
DREN.—Section 2244 of chapter 109A of title 18, 
United States Code, is amended—
(A) in subsection (a)—
(i) in paragraph (1), by inserting 
‘‘subsection (a) or (b) of’’ before ‘‘section 
2241’’; 
(ii) by striking ‘‘or’’ at the end of 
paragraph (3);
(iii) by striking the period at the end 
of paragraph (4) and inserting ‘‘; or’’; and 
(iv) by inserting after paragraph (4) 
the following: 
‘‘(5) subsection (c) of section 2241 of this title 
had the sexual contact been a sexual act, shall be 
fined under this title and imprisoned for not less 
than 10 years and not more than 25 years;’’; 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 striking ‘‘15 years nor more than 
30 years’’ and inserting ‘‘25 years or for life’’; 
(B) by inserting ‘‘section 1591,’’ after 
‘‘this chapter,’’ the first place it appears; 
(C) 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’’; 
(D) by striking ‘‘not less than 25 years nor 
more than 50 years, but if such person has 2 
or more prior convictions under this chapter, 
chapter 71, chapter 109A, or chapter 117, or
under section 920 of title 10 (article 120 of the 
Uniform Code of Military Justice), or under the 
laws of any State relating to the sexual exploi-
tation of children, such person shall be fined 
under this title and imprisoned not less than 35 
years nor more than life.’’ and inserting ‘‘life.’’; 
and 
(E) 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—
(A) in paragraph (1)—
(i) by striking ‘‘paragraphs (1)’’ and 
inserting ‘‘paragraph (1)’’; 
(ii) by inserting ‘‘section 1591,’’ after 
‘‘this chapter,’’; 
(iii) by inserting ‘‘, or sex trafficking 
of children’’ after ‘‘pornography’’; 
(iv) by striking ‘‘5 years and not more 
than 20 years’’ and inserting ‘‘25 years or 
for life’’; and
(v) by striking ‘‘not less than 15 years 
nor more than 40 years.’’ and inserting 
‘‘life.’’; and 
(B) in paragraph (2)—
(i) by striking ‘‘or imprisoned for not 
more than 10 years’’ and inserting ‘‘and 
imprisoned for not less than 10 nor more 
than 30 years’’; 
(ii) by striking ‘‘, or both’’; and 
(iii) by striking ‘‘10 years nor more 
than 20 years.’’ and inserting ‘‘30 years or 
for life.’’. 
(3) ACTIVITIES RELATING TO MATERIAL CON-
STITUTING OR CONTAINING CHILD PORNOGRAPHY.—
Section 2252A(b) of title 18, United States Code, is 
amended—
(A) in paragraph (1)—
(i) by inserting ‘‘section 1591,’’ after 
‘‘this chapter,’’ the first place it appears; 
(ii) by inserting ‘‘, or sex trafficking 
of children’’ after ‘‘pornography’’; 
(iii) by striking ‘‘5 years and not more 
than 20 years’’ and inserting ‘‘25 years or 
for life’’; and
(iv) by striking ‘‘not less than 15 
years nor more than 40 years’’ and insert-
ing ‘‘life’’; and 
(B) in paragraph (2)—
(i) by striking ‘‘or imprisoned not 
more than 10 years, or both’’ and inserting 
‘‘and imprisoned for not less than 10 nor 
more than 30 years’’; and 
(ii) by striking ‘‘10 years nor more 
than 20 years’’ and inserting ‘‘30 years or 
for life’’. 
(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 ‘‘or imprisoned 
not more than 4 years, or both’’ and inserting ‘‘and 
imprisoned not less than 10 nor more than 30 
years’’. 
(5) PRODUCTION OF SEXUALLY EXPLICIT DE-
PICTIONS OF CHILDREN.—Section 2260(c) of title 
18, United States Code, is amended by striking 
paragraphs (1) and (2) and inserting the following: 
‘‘(1) shall be fined under this title and impris-
oned for any term or years not less than 25 or for 
life; and
‘‘(2) if the person has a prior conviction under 
this chapter, section 1591, chapter 71, chapter 
109A, or chapter 117, or under section 920 of title 
10 (article 120 of the Uniform Code of Military Jus-
tice), shall be fined under this title and imprisoned 
for life.’’. 
(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)’’. 
TITLE V—FOSTER CHILD PRO-
TECTION AND CHILD SEXUAL 
PREDATOR DETERRENCE 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Foster Child Protec-
tion and Child Sexual Predator Sentencing Act of 2005’’.
SEC. 502. 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 
checks of national crime information 
databases (as defined 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 ‘‘and’’ at the end of sub-
paragraph (B); and 
(C) by adding at the end the following: 
‘‘(C) provides that the State shall—
‘‘(i) check any child abuse and neglect 
registry maintained by the State for infor-
mation on any prospective foster or adop-
tive 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 parent or other adult has re-
sided in the preceding 5 years, to enable 
the State to check any child abuse and ne-
glect registry maintained by such other 
State for such information, before the pro-
spective foster or adoptive parent may be 
finally approved for placement of a child, 
regardless of whether foster care mainte-
nance payments 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 de-
scribed in clause (i) that is received from 
another State; and 
‘‘(iii) have in place safeguards to pre-
vent the unauthorized disclosure of infor-
mation in any child abuse and neglect reg-
istry maintained by the State, and to pre-
vent any such information obtained pursu-
ant 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)—
(A) in the matter preceding clause (i), by 
striking ‘‘unless an election provided for in sub-
paragraph (B) is made with respect to the 
State,’’; and 
(B) by adding ‘‘and’’ at the end of clause 
(ii); 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. 503. ACCESS TO FEDERAL CRIME INFORMATION DATA-
BASES BY CHILD WELFARE AGENCIES FOR 
CERTAIN PURPOSES. 
(a) IN GENERAL.—The Attorney General shall, upon 
request of the chief executive of a State, ensure that ap-
propriate officers of child welfare agencies have the au-
thority for ‘‘read only’’ online access to the databases of 
the national crime information databases (as defined in 
section 534 of title 28, United States Code) to carry out 
criminal history records checks, subject to subsection (b). 
(b) LIMITATION.—An officer may use the authority 
under subsection (a) only in furtherance of the purposes 
of the agency and only on an individual relevant to case-
work of the agency. 
(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 placement of foster 
or adoptive children. 
SEC. 504. 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. 505. 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. 506. 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 
25 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 15 years nor more than 40 years’’.
(c) ABUSIVE SEXUAL CONTACT.—Section 2244(a) of 
title 18, United States Code, is amended—
(1) in paragraph (2), by striking ‘‘, imprisoned 
not more than three years, or both’’ and inserting 
‘‘and imprisoned not less than 5 years nor more 
than 30 years’’; 
(2) in paragraph (3), by striking ‘‘, imprisoned 
not more than two years, or both’’ and inserting 
‘‘and imprisoned not less than 4 years nor more 
than 20 years’’; and 
(3) in paragraph (4), by striking ‘‘, imprisoned 
not more than six months, or both’’ and inserting 
‘‘and imprisoned not less than 2 years nor more 
than 10 years’’. 
SEC. 507. 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 (8), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (9), by striking the period and 
inserting ‘‘; and’’; and 
(3) 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 inserting after 
‘‘1994).’’ the following: ‘‘The court shall order, as an ex-
plicit condition of supervised release for a person who is 
a felon or required to register under the Sex Offender Reg-
istration and Notification Act, that the person submit his 
person, and any property, house, residence, vehicle, pa-
pers, 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 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 discharge of the officer’s supervision functions.’’
SEC. 508. KIDNAPPING PENALTIES AND 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. 509. 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. 510. 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. 511. CIVIL COMMITMENT. 
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 treatment pro-
grams, and other treatment programs that will assist the 
individual in overcoming a psychological or physical de-
pendence or any condition that makes the individual dan-
gerous 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 ‘‘; and’’; 
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’’; 
and
(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 
(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. The Attorney General shall make all 
reasonable efforts to have a State to assume such respon-
sibility for the person’s custody, care, and treatment. 
‘‘(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 him 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. 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 20’’ 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 10 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 ‘‘five years’’; 
(2) in section 2244(a)(4), by striking ‘‘six 
months’’ and inserting ‘‘two years’’; 
(3) in section 2244(b), by striking ‘‘six months’’ 
and inserting ‘‘two years’’; and 
(4) by inserting after ‘‘Federal prison,’’ each 
place it appears , other than the second sentence of 
section 2241(c), the following: ‘‘, or being in the cus-
tody of the Attorney General or the Bureau of Pris-
ons or confined in any institution or facility by di-
rection of the Attorney General or the Bureau of 
Prisons,’’.
Æ